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

|ilHiiii;^!i;vr 



GENERAL AND SPECIAL 

Statutes 



OF 



MASSACHUSETTS. 

1852. 



An Act concerning the appointment of Appraisers in Civil Process. Chan 1 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court asscniblcd, and by the authority of 
the same, as follows : 

Sect. 1. The act entitled " An Act concerning the ap- Former act re- 
pointment of Appraisers in Civil Process," approved May P^^^^'i- 
24th, 1851, is hereby repealed. 

Sect. 2. No appraisement made since the said act Previous ap- 
took effect shall be invalid for want of conformity to the praisements 
provisions thereof: provided, the same were made in con- provided, ^c. 
formity to the provisions of law existing previously to the 
passage of said act. 

Sect. 3. Wherever appraisers arc appointed by virtue Appraisers to 
of the provisions of law relating to any civil process in the ^^ sworn. 
hands of any olHcer authorized to serve the same, such ap- 
praisers may be sworn by said olHcer. 

Sect. 4. This act shall take effect from and after its Takes effect. 
passage. [Aj)proved by the Governor, January 23, 1852.] 

An Act concerning the Boston Dispensary. Chdl), 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 : 

That the Boston Dispensary be, and it hereby is, author- pu^^iifl^ses^and 
ized and allowed to make pmchases, and to receive grants receive grants 



1852. 



-Chap. 2—4. 



of real and 
personal es- 
tate. 

How apply 
proceeds. 



Proviso. 

Income shall 
not exceed 
^5000, &c. 



and donations of real and personal estates, and to apply 
the proceeds thereof in such manner as in the judgment of 
the managers of said dispensary shall appear best calcu- 
lated to promote the comfort of suffering applicants for 
food, fuel, clothing, medical assistance, or any other kind of 
relief: provided, that the annual income of the said real 
and personal estate shall not exceed the sum of five thou- 
sand dollars, in addition to the income of the property 
which the said dispensary were authorized to hold by their 
act of incorporation. [Approved by the Governor, January 
30, 1852.] 



Chap. 3 



Corporators. 



Purpose. 



Capital, 
000. 



^10,. 



An Act to incorporate the South Boston Samaritan 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. Sarah Park, Eunice SafFord, Helen M. South- 
ward, their associates and successors, are hereby made a 
corporation by the name of the South Boston Samaritan 
Society, in the city of Boston, for the pm-pose of relieving 
the wants and improving the condition of the poor, with 
all the powers and privileges, and subject to all the duties, 
liabilities, and restrictions set forth in the thirty-eighth and 
forty-fourth chapters of the Revised Statutes. 

Sect. 2. The said corporation, for the purpose afore- 
said, may hold real and personal estates to an amount not 
exceeding ten thousand dollars. [Approved by the Govern- 
or, February 6, 1852.] 



Chap. 4 



Previous act 
modified. 



Takes effect. 



An Act relating to Shop-breaking and aggravated Larceny. 

Be it enacted by the Se?iate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. The fourth section of an act relating to shop- 
breaking and aggravated larceny, chapter one hundred and 
fifty-six, passed May the fifteenth, eighteen hundred and 
fifty-one, is so far modified that justices of police courts 
and justices of the peace, may, in their discretion, take 
jurisdiction, and punish by fine not exceeding twenty dol- 
lars, or by imprisonment in the county jail or house of cor- 
rection not exceeding one year, where tlie money or property 
stolen shall not exceed in value the sum of ten dollars. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, February 9, 1852.] 



1852. Chap. 5—6. 5 

An Act to incorporate the Paper Manufacturers' Mutual Insurance Chap. 5 
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. Thomas Colt, Charles M. Owen, Harrison Corporators. 
Garfield, their associates and successors, are hereby made 
a corporation by the name of the Paper Manufacturers' Name. 
Mutual Insurance Company, to be established in Pittsfield 
for the term of twenty-eight years, for the purpose of insur- 
ing dwelling-houses and other buildings, and personal pro- 
perty, against loss by fire, with all the powers and privilegeSj 
and subject to all the duties, liabilities, and restrictions set Duties, Uabili- 
forth in the thirty-seventh and forty-fourth chapters of the *^®^' *^' 
Revised Statutes, and in all subsequent acts relating to 
mutual insurance companies. 

Sect. 2. On receiving from the subscribers thereto a -wiien 5100,- 
capital of one hundred thousand dollars, said company may 000 i? paid in 
also insure against losses by fire and against maritime ^herwfsT.^&c. 
losses, otherwise than on the mutual principle, w^ith all the 
powers and privileges, and subject to all the duties, liabilities, 
and restrictions set forth in the thirty-seventh chapter of the 
Revised Statutes, and in subsequent acts relating to insur- 
ance companies ; provided, that no shares in said capital Proviso. 
shall be issued for a less sum or amount, to be paid in on 
each, than the par value of the shares first issued. 

Sect. 3. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, February 10, 1852.] 

An Act to incorporate the Hamilton Mutual Insurance Company. Chcip. 6 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect, 1. The members of the Bowditch Mutual Fire Corporators. 
Insurance Company, and of the Essex Mutual Fire Lisur- 
ance Company, both established in Salem, and the mem- 
bers of the LawTcnce Mutual Fire Insurance Company, 
established in LawTcnce, are hereby made a corporation by 
the name of the Hamilton Mutual Insurance Company, in 
Salem, for the term of twenty-eight years, for the purpose purpose, 
of insuring dwelling-houses and other buildings, and per- 
sonal property, against loss by fire, with all the powers and 
privileges, and subject to all the duties, liabilities, and re- 
strictions set forth in the thirty-seventh and forty-fourth ti^s'&c. 
chapters of the Revised Statutes, and in all subsequent acts 
relating to mutual fire insurance companies : provided, that proviso. 



6 1852. Chap. 6—7. 

said Bowditch Mutual Fire Lisurance Company, said Es- 
sex Mutual Fire Insurance Company, and said Lawrence 
Mutual Fire Insurance Company, shall respectively con- 
tinue to exist as corporations for the term of two years 
from the passage of this act, for the purpose of closing their 

Proviso. affairs : and also provided, that this act shall not afi'ect the 

legal rights of any person. 

Iffecf ^° ^""^^ "Sect. 2. This act shall not take effect until it shall be 
accepted by the luembers of said corporations, respectively, 
at meetings called for that purpose. [Approved by the 
Governor, Fehruarij 10, 1852.] 

Chap. 7 ■^^ ^^^ i" further addition to an Act to establish the City of Roxbury. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

No. of wards, Sect. 1. The number of wards of said city shall be five, 
^^^- and each ward, respectively, shall embrace the same terri- 

tory as at present, unless altered as hereinafter provided. 
City council 1^ shall be the duty of the city council once in. five years to 
shall revise rcvisc, and if it be needful, to alter said wards in such man- 
ner as to preserve, as nearly as may be, an equal number of 
voters in each ward. 
Previous act Sect. 2. The secoud section of the said act entitled 
umeuded. « ^^-^ ^^t to establish the City of Eoxbury," is hereby 
Council to con- SO far amended, that from and after the election of the five 
sist of twenty. a^Mitional commou councilmen for the current municipal 
year, ^vhose election is hereinafter provided for, the council 
called the common council shall consist of twenty. 
Mayor and Sect. 8. The mayor and eight aldermen, one alderman 

men^ how'cho- ^° ^^ Selected from each ward, and three aldermen from 
sen.' the city at large, shall be elected annually by the qualified 

councii*\ow voters of the city at large voting in their respective wards, 
chosen.' and fouT commoii councilmen shall be elected annually 

Residence. from and by the voters of each ward, who shaU be residents 
of the wards in which they are elected ; all of said officers 
Term of office, shall be cliosen by ballot, and shall hold their offices for one 
year from the first Monday of January, and the mayor until 
Elected on sec- another shall be elected and qualified in his place; all of 
DecenXrf^° said officcrs shall be elected on the second Monday of De- 
annuaiiy. ccmbcr, annually, and shall enter upon the duties of their 
ties^'ist'jan'y. I'espectivc offices on the first Monday of January each year. 
Three alder- Sect. 4. There shall be elected, at such time in the 
men to be month of February or March of the present year as the 
Bcntyear,'^ ^'^^" ii^'iyoi* ^iid aldermen shall appoint, by the qualified voters 
of the city at large, voting in their respective wards, three 



once in five 
years 



1852. — —Chap. 7—8. 7 

aldermen from the city at large, in addition to those already and one com- 
clected from wards, and one common conncilman shall be San foTeach 
elected from and by the voters of each ward in addition to ^^rd. 
those already elected, and the common councilmen so 
elected shall be residents of the wards in which they are 
elected ; all of said officers shall be chosen by ballot, and 
shall enter upon the dnties of their respective offices as soon When enter on 
as may be after their election, and shall hold their respective ^^^^"^ duties. 
offices until the ffi-st Monday of January next, and in case office/°°° 
of failure of elections of either of said aldermen or common 
councilmen, or in case of vacancy from any other cause, the In case of va- 
mayor and aldermen shall order a new election for the pm-- *^*^''^' *°* 
pose of filling such vacancy, as is provided in the sixth sec- 
tion of the act to -which this is in addition. 

Sect. 5. This act shall be void unless the inhabitants of This act to be 
Roxbury, at any general meeting, duly warned by public ^2'^°Ps*^^.c^^ ^^^' 
notice of at least seven days, by the mayor and aldermen, 
shall (within thirty days from the passage hereof), by writ- 
ten vote, adopt the same. 

Sect. 6. All acts, or parts of acts, inconsistent herewith, Acts inconsist- 
are hereby repealed. ^""^ repealed. 

Sect. 7. This act shall take effect from and after its Takes effect, 
passage. [Approved b/j the Governor, Fehniary 11, 1852.] 

An Act to change the name of the United Interest Insurance Company, Chcii). 8 
and for other purposes. -^ * 

Be it enacled hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The United Interest Insurance Company shall Namechang'd. 
hereafter be caUed and known by the name of the Elliot 
Fire Insiurance Company. 

Sect. 2. The said company are hereby authorized to Capital in- 
increase their present capital stock by an addition thereto qoo^^^'^ ^^^^'' 
of one hundred thousand dollars : provided, that such addi- proviso. 
tion shall be paid in within two years from the passage of 
this act. 

Sect. 3. So much of the third section of the act to Section of pre- 
incorporate the United Interest Insurance Company as p'Jj^'Jgjfl*^'^ '^^" 
requires that their place of business shall be located and 
kept south of Bedford street, in the city of Boston, is 
hereby repealed. [Approved by the Governor, February 11, 



8 



1852. 



-Chap. 9—11. 



Chap. 9 



Cutting and 
storing ico in- 
cluded. 



Previous asso- 
ciations deem- 
ed corpora- 
tions, &c. 



Takes efTect. 



An Act in addition to an Act relating to Joint Stock Companies. 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The one hundred and thirty-third chapter of 
the acts of the year one thousand eight hundred and fifty- 
one, shall be construed to include the business of cutting, 
storing, and selling ice. 

Sect. 2. All associations, formed for such purpose since 
said act took effect, in accordance with the provisions 
thereof, shall be deemed corporations within the meaning, 
and shall be entitled and subject to all the provisions of 
the same. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, February 11, 1852.] 



Chap, 10 



Temporary re- 
moval of re- 
cords not pro- 
hibited. 



Takes effect. 



An Act concerning the Custody of Records. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Nothing contained in the statute of eighteen 
hundred and fifty-one, chapter one hundred sixty-one, shall 
be so construed as to prohibit such temporary removals of 
records or other documents in the custody of clerks of 
courts, as shall be necessary or convenient for the transac- 
tion of the business of the courts, or the performance of the 
duties of their officers. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, February 11, 1852.] 



Chat) 1 1 ^^ ^^^ ^^ incorporate the Boston Sectional Dock 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. Robert G. Shaw, Samuel Hall, David Elwell, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Boston Sectional Dock Company, 

„ , with all the powers and privileges, and subiect to all the 

Powers du- . . r o ^ j^ 

ties, liabilities, duties, liabilities, and restrictions set forth in the thirty- 
&c. eighth and forty-fourth chapters of the Revised Statutes. 

May purchase Sect. 2. Said company may purchase and hold real 
real estate not estate ill the couiity of Suffolk not exceeding in value one 



exceeding 
^150,000. 



hundred and fifty thousand dollars, and may improve the 
same and construct thereon one or more sectional docks, 



1852. Chap. 11—13. 9 

and the whole capital stock shall not exceed two hundred Whole capital 
and iifly thousand dollars : provided, that no shares in the ' ' 
capital stock shall be issued for a less sum or amount, to 
be paid in on each, than the par value of the shares first 
issued. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, February 11, 1852.] 

An Act in addition to an Act to incorporate the Hampden Mutual Fire Chap. 12 
Insurance Company. -^ ' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. On receiving from the subscribers thereto a When 550,000 
guarantee capital of fifty thousand dollars, which shall be P^^*^ '"' ^^^ . 

".-,. •!• f n • insure against 

paid in w^ithiii two years Irom the passage of this act, the fire, otherwise, 
Hampden Mutual Fire Insurance Company, established at ^°" 
Springfield, may make insurance against fire and against 
maritime losses, otherwise than on the mutual principle, 
with all the powers and privileges, and subject to all the 
duties, liabilities, and restrictions set forth in the thirty- J?"*^^|' liabili- 
seventh chapter of the Revised Statutes, and in all subse- ' 
quent acts relating to insurance companies. 

Sect. 2. Said company may increase its guarantee May increase 
capital to an amount not exceeding one hundred thousand ftarto*^li(xf- 
dollars, at any time within three years from the passage of 000, 
this act ; and may hold real estate, not exceeding in value 
twenty thousand dollars, excepting such as may be taken May hold 520,- 
for debt or held as collateral security for money due said excepting, &c! 
company. [Approved by the Governor, February 12, 1852.] 

An Act to incorporate the Hingham and Cohasset Mutual Fishing Insur- Chap. 13 
ance Company. •* ' 

Be it eiiacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Laban Souther, Isaac Barnes, Luther J. Corporators. 
Barnes, their associates and successors, are hereby made a 
corporation by the name of the Hingham and Cohasset 
Mutual Fishing Insurance Company, to be established in 
the town of Cohasset for the purpose of making insurance Purpose, 
against losses on fishing vessels and thek outfits, on the 
princijile of mutual insurance ; and for this purpose shall 
have all the powers and privileges, and be subject to all the 
duties, restrictions, and liabilities set forth in the thirty- Dutica, liabili- 
scventh and forty-fourth chapters of the Revised Statutes, so ^J^^' ^°- 



10 



1852. Chap. 13—15. 



Term, twenty 
years. 

When policies 
may be issued. 



Takes effect. 



far as the same are applicable to the corporation hereby 
created, to continue for the term of t^venty years. 

Sect. 2. No policy shall be issued until application 
shall be made for insurance to the amount of fifty thousand 
dollars, and no division of any of the profits remaining in 
the hands of the company shall be made, so long as the 
company shall be held accountable for any policy issued by 
them. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, February 12, 1852.] 



Chap. 14 



Words "City 
of Boston" 
struck out. 

" County of 
Suffolk" in- 
serted. 

Takes effect. 



An Act to amend the ninth and fourteenth sections of the one hundred and 
thirty-fourth chapter of the Revised Statutes. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, atid by the authority of 
the same, as follows : 

Sect. 1. The ninth and fourteenth sections of the one 
hundred and thirty-fourth chapter of the Revised Statutes, 
shall be amended by striking out from each the words 
" City of Boston," and inserting instead thereof, the words 
« County of Suffolk." ' 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, February 14, 1852.] 



Chap. 15 -A^n Act to incorporate the Sagamore 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 : 

George Hood, Daniel N. Breed, Samuel J. Ireson, their 
associates and successors, are hereby made a corporation, 
by the name of the Sagamore Mutual Fire Insurance Com- 
pany, in the city of Lynn, for the term of twenty-eight 
years, for the purpose of insuring dwelling-houses 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 sl^bsequently passed relating to mutual fire 
insurance companies. [Approved by the Governor, February 
18, 1852.] 



Corporators. 



Term, twenty- 
eight years. 
Purpose. 



Duties, liabili- 
ties, &c. 



1852. Chap. 16—18. 11 

An Act to autliorize the proprietors of the Boston Atheneum to hold addi- Chan. 16 
tioual property. ■* * 

Be it enacted bij the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The proprietors of the Boston Atheneum and their May hold 
successors, in addition to works or objects of literature, ^tion^*&r*^' 
science, and the arts, and the property which they are 
now allowed by law to hold for income, may take, hold, 
and convey, for the purpose of income, real and personal 
property not exceeding two hundred thousand dollars in 
value, the income thereof to be applied to the purposes income, how 
specified in their act of incorporation. [Approved by the ^^"^ ^^ 
Governor, February 18, 1852.] 

An Act to incorporate the Saugus Mutual Fire Insurance Company. Chat). 17 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, atid by the authority of 
the same, as follows : 

Sect. 1, Benjamin F. Newhall, Harmon Hall, William Corporators. 
M. Newhall, their associates and successors, are hereby 
made a corporation by the name of the Saugus Mutual 
Fire Lisurance Company, in the town of Saugus, for the 
term of twenty-eight years, for the purpose of insuring Term, twenty- 
dwelling-houses and other buildings, and personal property, "^ ^^^^ ' 
against loss by fire, with all the powers and privileges, and ^"^P"^®- 
subject to all the duties, liabilities, and restrictions set forth ^gruabilities 
in the thirty-seventh and forty-fourth chapters of the Revised &c.' 
Statutes, and in all subsequent acts relating to mutual fire 
insurance companies. 

Sfxt. 2. This act shall fake effect from and after its Takes effect, 
passage. [Approved by the Governor, February 24, 1852.] 

An Act in addition to an Act relating to a Public Cemetery in the city of Chan. 18 

Roxbury. -^ 

Be it etiacted by the Senate arid House of Representa- 
tives, ill General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The board of commissioners of the rural ceme- Commission- 
tcry in Roxbury, elected by the city council pursviant to receive^and 
an act approved March twenty-fourth, one thousand ^'^&h*^°|f f^^tion, 
hundred and forty-eight, are authorized to take and hold f° trust for 
any grant, donation, or bequest of property upon trust, to specific pur- 
apply the same, or the income thereof, for the improvement jj^^^^^ppiy the 
or embellishment of the said cemetery, or for the erection, income. 



12 



1852.- 



-Chap. 18. 



May give obli- 
gations to per- 
form certaia 
duties, &c. 



Moneys so re- 
ceived shall be 
invested by the 
city treasurer, 
&c. 



The city of 
Koxbury re- 
sponsible for 
the commis- 
sioners and 
treasurer. 



Act void un- 
less accepted 
by city council. 



Takes effect. 



repair, preservation, or renewal of any monument, fence, or 
other erection, or for the planting and cultivation of trees, 
shrubs, or plants, in or around any lot, or for improving the 
said premises in any other manner or form consistent with 
the pm-poses for \vhich said cemetery is established, accord- 
ing to the terms of such grant, donation, or bequest. And 
whenever any such grant, donation, or bequest, or any 
deposit shall be made by the proprietor of any lot in said 
cemetery for the annual repair, preservation, or embellish- 
ment of such lot, and the erections thereon, the said com- 
missioners may give to such proprietor, or his representative, 
an agreement or obligation, in such form, and upon such 
terms and conditions as they may estabhsh, binding them- 
selves and their successors to preserve and keep in repair 
said lot forever, or for such period as may be agreed upon. 

Sect. 2. Any sums of money so received by said com- 
missioners, shall be invested by the city ti'casurer of Rox- 
bui-y, under the direction of said commissioners, in public 
stocks or mortgages of real estate, and all such property 
received under the provisions of the foregoing section (un- 
less other provision is made by the terms of any such grant, 
donation, or bequest,) shall be made under the charge of 
said city treasurer, but shall always remain separate from, 
and independent of, any other moneys or property belonging 
to the city of Roxbury, and free from the control of the city 
council. And the income of such fund or funds shall be 
received by said treasm'.er, subject to the order of said com- 
missioners, and shall be appropriated by them in such 
manner as shall, in their opinion, best promote the purposes 
for which said grants, donations, bequests, or deposits" are 
made. 

Sect. 3. The city of Roxbury shall be responsible for 
the good faith of said commissioners, and the treasurer of 
said city, in the execution of any trust which they may 
assume, pm-suant to the foregoing provisions. But said 
commissioners shall not be hable to make any renewal or 
reconsti'uction of any monument, or other erection, on any 
lots in said cemetery, unless such liability shall be expressed 
in the agreement given by them as aforesaid, or in the terms 
and conditions under which they accept any grant, donation, 
or bequest. 

Sect. 4. This act shall be void unless the city council 
of Roxbury shall accept the same at a meeting of said 
council, called for that pm-pose, within tlm-ty days after its 
passage. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, February 25, 1852.] 



1852. CHAr. 19—20. 13 

An Act to incorporate the Trustees of the Second Methodist Episcopal Chov. 19 
Church in Harwich. / * 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. James Baker, Nathan Foster, Mulford Allen, Corporators. 
Ebenezer Kelly, and Oliver Kelly, their associates and suc- 
cessors in office, elected according to the usages of the 
Methodist Episcopal Church, are constituted a body corpo- 
rate by the name of the Trustees of the Second Methodist Trustees. 
Episcopal Church in Harwich. 

Sect. 2. The said trustees may elect such officers and May elect offi- 
make such by-laws as they shall deem proper : provided, '^"■*' '^'^• 
such by-laws be not repugnant to the laws of this Com- 
monwealth. 

Sect. 3. The number of trustees shall at no time exceed In number not 

I -I ,1 r more than 

nme, or be less than hve. nine, nor less 

Sect. 4. The said trustees are hereby vested with full than five. 
power to take and hold all grants and donations of real or Have power to 
personal estate made to the use of said church, or other- j-gai and per- 
wise, and to sell, convey, or manage such real or personal sonai estate- 
estate, according to the terms and conditions of the grants yey, &c. 
or donations ; and, by purchase or operation of law, to take, 
hold, and manage any real or personal estate in trust for 
the use and benefit of said church, and to sell and convey 
the same, and to prosecute and defend in any action touch- 
ing the same ; jjrovided, the annual income of the gi'ants, Proviso. 
donations, and purchases for the use aforesaid shall not 
exceed the sum of two thousand dollars. 

Sect. 5. James Baker, before named, is authorized to First meeting, 
appoint the time and place for holding the first meeting of 
said trustees, and to notify them thereof. 

Sect. 6. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor, February 25, 1852.] 

An Act in addition to an Act to incorporate Ohabei Shalom. Chap. 20 

Be it enacted by the Senate and Hovse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. At all meetings of the corporation, legal mem- Legal mem- 
bers of the society, and none others, shall be entitled to tided to^ote, 
vote. 

Sect. 2. The said society may elect and remove mem- ^"''•j^Jy^^^J. 
bers in such manner as they by their constitution and by- movemem- 
laws shall determine. ^"^' '^^- 



U 1852. Chap. 20—23. 

Jha^^sututes Sect. 3. The fourth section of the one hundred and 
1815 repealed, tw'enty-ninth chapter of the statutes of this Commonwealth, 
passed in the year one thousand eight hundred and forty- 
five, incorporating said Ohabei Shalom, is hereby repealed. 
Takes efFect Sect. 4. This act shall take effect when the same shall 

^d^&c.^'^^^ ' have been accepted by a majority of the legal voters of the 
society. [Approved by the Governor, February 25, 1852.] 

Chap. 21 -^^ -^^^ '" addition to an Act to incorporate the Proprietors of the Com- 
■^ mons, or Sheep-Pasture, in Beverly. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

1st section of The first section of the act to incorporate the proprietors 
^"^^^'Td ^^^ °^ ^^^ commons, or sheep-pasture, in Beverly, passed on 
the fifteenth day of May, in the year one thousand eight 
hundred and fifty-one, is hereby so far amended as to make 
the corporation created by said act, subject to the provisions 
of the forty-fourth chapter of the Revised Statutes, instead 
of the forty-third chapter thereof, as expressed in said sec- 
tion. [Approved by the Governor, February 25, 1852.] 

Chat). 22 ^^ -^^^ ^° incorporate the Young Men's Benevolent Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. "William R. Lawnrence, Frederic W. Lincoln, 

Jr., and George A. Brown, their associates and successors, are 
Purpose. hereby made a corporation for the purpose of relieving the 

destitute, with all the powers and privileges, and subject to 
Duties, liabili- all the duties, liabilities, and restrictions set forth in the 
ties, &c. forty-fourth chapter of the Revised Statutes. 

May hold es- Sect. 2. The said corporation, for the purpose aforesaid, 
oocT^ ^Im^^'' ^^y ^^o\& real and personal estate, the annual income of 

which shall not exceed the sum of ten thousand dollars. 

[Approved by the Governor, February 25, 1852.] 

Chan. 23 -^^ ^^^ ^'^ incorporate the Trustees of the Howe School, in Billerica. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sajnc, as folloios : 

Corporators. Sect. 1. Marshall Preston, John Baldwin, "William H. 
Odiorne, James R. Faulkner, Dudley Foster, George H. 
Whitman, and Amos Spaulding, and their successors, are 



1852. Chap. 23—25. 15 

hereby made a corporation by the name of the Trustees of 
the Howe School, to exercise all the powers and perform all 
the duties derived from the will of the late Zadok Howe, 
of Billerica, physician, with all the rights and privileges. Rights, duties 
and subject to all the duties, liabilities, and restrictions, set liabilities, &c. 
forth in the forty-fourth chapter of the Revised Statutes, 
and this act, not inconsistent with said will, or the posses- 
sion, control, and managemeiit of the fund and estate 
therein bequeathed for the erection and maintenance of a 
school or academy in Billerica. 

Sect. 2. The funds and estate devised by said will for Funds entitled, 
the purposes of erecting and maintaining a school or acad- tfonTTc'" 
emy under the dnection of said trustees and their suc- 
cessors, shall be entitled to all the rights, privileges, and 
exemptions contained in the fifth section of the seventh 
chapter of the Revised Statutes, respecting the property of 
literary, benevolent, and charitable institutions. 

Sect. 3. The said trustees and their successors may Trustees may 
purchase and hold real estate to the value of twenty-five ff75,ooo^'vaiue. 
thousand dollars, and personal estate to the value of fifty 
thousand dollars, to be applied to the support of said 
school, as expressed in said will. 

Sect. 4. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor^ February 27, 1852.] 

An Act in addition to " An Act concerning Stockholders in Manufacturing Chap. 24 

Corporations." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The provisions of the act concerning stock- Previous act 
holders in manufacturing corporations, passed in the year gxec^utwni^oS 
one thousand eight hundred and fifty-one, shall not apply pending ac- 
to any execution which has been issued, or may hereafter ^'°'*^- 
be issued in any action pending at the time when said act 
took effect. 

Sect. 2. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, February 27, 1852.] 

An act to incorporate the Haverhill Atheneum. Chap. 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. Frederick Hinckley, Joseph Bradley, Samuel Corporators. 
Brainard, their associates and successors, are hereby made 



16 



1852. 



-Chap. 25—27. 



Powers, du- 
ties, &c. 



May hold es- 
tates not ex- 
ceeding iJ5000. 



a corporation for the maintenance of a library, and for 
other similar literary purposes, by the name of the Haverhill 
Atheneum, 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. Said corporation may hold real and personal 
estate for the purposes aforesaid, to an amount not exceed- 
ing five thousand dollars. [Apjjrdved by the Governor^ 
February 27, 1852.] 



ChdT). 26 ^^ ■^^*' ^° incorporate the Temporary Home for the Destitute. 

Be it 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 Winslow, Thomas T. Bouve, and 
Frederick D. Huntington, with their associates and succes- 
sors, are hfereby made a corporation by the name of the 
Temporary Home for the Destitute, for the purpose of 
affording shelter and support to children and other persons 
destitute of a home, until more permanent provision can be 
made for them ; 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, for the purpose afore- 
said, may hold real and personal estate, to an amount not 
exceeding ten thousand dollars. [Approved by the Gov- 
ernor, February 27, 1852.] 



Corporators. 



Purpose. 



Duties, &c. 



May hold es- 
tates not ex- 
ceeding ^10,- 
000. 



ChcLT) 27 ^^ ^^^ explanatory of the Acts relating to the Organization of the Board 
-t * of Overseers of the University of Cambridge. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 



Quorum. 



Takes effect. 



Sect. 1. The several acts relating to the organization 
of the Board of Overseers of Harvard College shall be so 
construed as to empower the said board to order and pro- 
vide, by rule or by law, what number of the members 
thereof, not less than nine, shall constitute a quorum or 
legal meeting of the same. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 3, 1852.] 



1852. Chap. 28—31. 17 

An Act to incorporate the Lee Savings Bank. Chap. 28 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follo2cs : 

Sect. 1. William Porter, Leonard Church, F. Cham- Corporators, 
berlin, their associates and successors, are hereby made a 
corporation by the name of the Lee Savings Bank, to be 
established and located in the town of Lee, with all the 
powers and privileges, and subject to all the duties, liabili- Duties, liabili- 
ties, and restrictions, set forth in the thirty-sixth chapter of *'^^' *°' 
the Revised Statutes, and in all other laws of this Com- 
monwealth relating to institutions for savings. [Approved 
by the Governor, March 5, 1852.] 

An Act to remove all Disability to take and hold Real Estate by reason of Chap. 29 

Alienage. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Aliens may take, hold, convey, and transmit real estate. 
[Approved by the Governor, March 5, 1852.] 

An Act to change the name of the Middlesex Society of Husbandmen and Chap. 30 

Manufacturers. -^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. The Middlesex Society of Husbandmen and Middlesex Ag- 
- Manufacturers shall, after the passage of this act, be called ricultural Soci- 
and known by the name of the Middlesex Agricultural 
Society. [Ajiprored by the Governor, March 8, 1852.] 

An Act to increase the Capital Stock of the Mansfield Coal and Mining QJiap^ 31 

Company. •* ' 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Mansfield Coal and Mining Company is May increase 
hereby authorized to increase its capital stock by an amount ^^o!o(K)? ant 
not exceeding two hundred thousand dollars, and to issue the issue shares. 
number of shares representing said increase, with power to 
make the whole or part of said increase, as may be deter- May make 
mined by the stockholders at their next legal meeting, a prc'fe^cd ^" 
preferred stock entitled to dividends not exceeding eight per stock, &c. 
3 



18 



1852. 



-Chap. 31—32. 



cent per annum out of the first net earnings of tlie com- 

Provided, ^c. pany : provided.) four fifths of the stock shall be represented 

at said meeting ; and provided, also, that no shares be issued 

for a less sum or amount, to be actually paid in on each, 

Increase, how than the par value of the shares first issued. The increase 

uiTested. ^£ ^^^ above capital may be invested in real or personal 

property at the discretion of the directors of said company. 

Debts not to Sect. 2. The whole amount of the debts of said com- 

ooor^Difectors P^^^J shall, at uo time, exceed the sum of one hundred 

liable for ex- thousand dollars; and in case it shall exceed that sum, the 

*^^^^" directors under whose administration it shall happen shall 

be jointly and severally liable, to the same extent and in the 

same manner, as is provided by the twenty-fifth section of 

the thirty-eighth chapter of the Revised Statutes, in cases 

wiiere the debts of such corporations as are therein named, 

exceed in amount the capital stock actually paid in. 

Takes effect. Sect. 3. This act shall take effect from and after its 

passage. [Approved by the Governor, March 8, 1852.] 



Chap. 32 



Corporators. 



Powers, du- 
ties, liabilities, 
&c. 



Location of 
E.oad. 



Authority to 
cross on to 
other roads. 



Capital stock, 
1000 shares, 
^100 each. 



An Act to incorporate the Danvers 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 folloios : 

Sect. 1. William D. Northend, George J. Tenney, Asa 
Pingree, Joseph S. Black, and Gilbert Tapley, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Danvers Railroad Company, with all the powers 
and privileges, and subject to all the duties, restrictions, and 
liabilities, set forth in the forty-fourth chapter of the Revised 
Statutes, and in that part of the thirty-ninth chapter of the 
said statutes relating to railroad corporations, and in all 
statutes subsequently passed relating to railroad corpora- 
tions. 

Sect. 2. The said corporation may construct and,main- 
tain a railroad, comiuencing at some convenient point on 
the line of the Danvers and Georgetown Railroad, in North 
Danvers, thence running through the towns of Reading, 
Lynnfield, and South Reading, or either of said towns, to 
unite with the Boston and Maine Railroad, or the South 
Reading Branch Railroad, at some convenient point in said 
South Reading ; with a right to cross the Essex and Saleiu 
and Lowell Railroads, and with authority to enter upon 
and use the said Danvers and Georgetown, Salem and 
Lowell, South Reading Branch Railroad, and Boston and 
Maine Railroads, or any portions of them according to law. 

Sect. 3. The capital stock of the said corporation shall 
consist of one thousand shares of one hundred dollars each, 



1852. Chap. 32—83. 19 

and no assessment shall be made thereon of a greater amount No assess- 
in the whole than one hundred dollars on each share; and ^^"q® ^^y°°^ 
no share in the capital stock of said corporation shall be no share is- 
issiied for a less sum or amount, to be actually paid in on sued under 
each, than the par value of the shares which shall be first ^^* 
issued; and the said corporation may purchase and hold such j^j ^^^^ ^^^^ 
real estate, materials, engines, and cars, and other things, as and personal 
may be necessary for depots for the use of the said road, and ^^*'^^^- 
for the transportation of persons, goods, and merchandise. 

Sect. 4. The said Danvers Railroad Company and the Roads author- 
said Danvers and Georgetown Railroad Company are here- ^^^ *° '"^^'^^• 
by authorized and empowered to unite, and form one com- 
pany, whenever it shall be so voted by each company at 
meetings duly notified for that purpose ; and when the said 
companies shall be so united, the stockholders of one com- 
pany shall be stockholders in the other, and the two compa- When united 
nies shall constitute one corporation under the name of the ^^^^^ ^^ *^^^^® ' 
Danvers and Georgetown Railroad Company, and the said 
last mentioned company shall have all the franchises, pro- 
perty, powers, and privileges, and be subject to all the 
restrictions and liabilities, of the said companies respectively. 

Sect. 5. If the location of the said railroad be not filed Location filed 
according to law within one year, and if the said raUroad year)\nd^con- 
be not constructed within two years from the passage of structed within 
this act, this act shall be void. wo years. 

Sect. 6. The Legislature may authorize any company other compa- 
to enter with another railroad upon the said raiboad, at °^^'^?^g]' J'J ^^I 
any point thereof, and use the same according to law. ter, &c. 

Sect. 7. The said corporation shall not commence the Shall not com- 
consti-uction of their road, or any part thereof, until a certifi- ^gcafe has*^^'" 
catc shall have been filed in the office of the secretary of been filed with 
the Commonwealth, subscribed and sworn to by the presi- o^Vtttet^^d 
dent of the said company and a majority of the directors twenty per 
thereof, stating that all of the stock named in their charter ^^^^^- ^^'^ ""' 
has been subscribed for by responsible parties, arid that 
twenty per cent, of the par value of each and every share of 
the stock thereof has been actually paid into the treasury of 
the company. 

Sect. 8. * This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, March 15, 1852.] 

An Act concerning Bills of Expenses against the Commonwealth. Chap. 33 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and bj the authority of 
the same, as follows : 

Sect. 1. No bill of expenses presented to the governor items to be 
and council, by any commissioner or agent of the Com- *P""^ 



20 



1852. 



-Chap. 33—36. 



Takes effect. 



monwealth, shall be allowed and paid, unless the same 
shall specify the items composing such account. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor^ March 15, 1852.] 



Chnn 34 -^^ ^^^ ^^ addition to an Act for establishing an Academy in the town of 
-t^* Framinghain by the name of Framingham Academy. 

Be it enacted by the Senate and House of Representa- 
tives, 171 General Court assembled, and by the authority of 
the same, as follows : 

Power granted Sect. 1. The treasurer of the town of Framingham for 
to treasurer of the time being shall have and exercise all the powers and 
Fran^n^ham. duties of treasurer and secretary of the inhabitants of said 
Framingham, as trustees of Framingham Academy, and 
the said treasurer shall have the same power of conveying 
real estate as is given to the secretary of the trustees of 
Framingham Academy by an act passed March first, in the 
year one thousand seven hundi-ed and ninety-nine, estab- 
lishing the Framingham Academy. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 15, 1852.] 



Takes effect. 



Chap. 35 



Seines, Szc, 
prohibited. 



Penalty. 



Takes effect. 



Chap. 36 



Corporators. 



An Act to protect the Fisheries in the Town of Barnstable and Marshpee 

District. 

Be it enacted by the Senate and House of Representa- 
tives, in General Cowt assembled, and by the authority of 
the same, as follows : 

Sect. 1. No person shall set, draw, or stretch any seine 
or di*ag-net in Osterville harbor, or Popponessette bay, or 
any of the waters within the limits of the town of Barn- 
stable or Marshpee district, on the southerly side, under a 
penalty of not less than ten dollars, nor more than one hun- 
dred dollars, to be recovered in any court proper to try the 
same, one half to the use of the said town, and the other 
half to any person who shall prosecute therefor. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 15, 1852.] 

An Act to incorporate the Cambridge G as-Light Company. 

Be it enacted by the Senate aiid House of Representa- 
tives, in General CouT't assembled, and by the authority of 
the same, as follows : 

Sect. 1. Charles C. Little, Isaac Livermore, and Gard- 
ner G. Hubbard, their associates and successors, are hereby 
made a corporation by the name of the Cambridge Gas- 



1852. Chap. 36--37. 21 

Light Company, for the purpose of making and selling gas 

in the city of Cambridge, with all the powers and privileges, 

and subject to all the duties, restrictions, and liabilities set Duties, liabili- 

forth in the thirty-eighth and forty-fourth chapters of the ti^s, &c. 

Revised Statutes. 

Sect. 2. The capital stock of said company shall not Capital not to 
exceed three hundred thousand dollars; and said corpora- qoo^^*^ ^'^^^'" 
tion may hold real estate not exceeding in value one hun- Real estate not 
di-ed thousand dollars. S100,0(M? 

Sect. 3. No shares in the capital stock of said company no shares is- 
shall be issued for a less sum or amount, to be actually paid ^^^^ "°<^er 
in on each, than the par value of the shares which shall be ^^^' 
first issued. 

Sect. 4. Said corporation, with the consent of the Corporation, 
mayor and aldermen of the city of Cambridge, shall have "'^^^ consent, 
power and authority to open the ground in any part of the open the 
streets, lanes, and highways in said city, for the purpose of ground in 
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 sti'cets, lanes, To pnt the 
and highways, shall be held to put the same into repair, ^^^^^ ^^ repair, 
under the penalty of being prosecuted for a nuisance : pro- Proviso. 
ridc(f, that the said mayor and aldermen for the time being, Mayor and ai- 
shall at aU times have the power to regulate, restrict, and '^^!|^*^'i ^^^® . 
control aU the acts and doings of said corporation which late, &c. 
may in any manner affect the health, safety, and conveni- 
ence of the inhabitants of the said city. 

Sect. 5. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor^ March 15, 1852.] 

An Act to define Felony. Chnn 37 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Any crime which now is, or hereafter may be. Felony, 
punishable by death or imprisonment in the State prison, 
shall be considered felony ; and no other crime shall be so 
considered. 

Sect. 2. In all cases jiow pending, and in the prosecu- crimes already 
tion of all offences heretofore committed, the form of pro- committed— 
ceedings and the extent of the punishment shall be the same 
as if this act had not bem passed. 

Sect. 3. It shall not be necessary to allege in any indict- indictments 
ment, that the offence charged is a felony or f^'lonics, or "||*g*^^^^ ,^^_ ^,, 
done feloniously ; nor shall any indictment be quashed or 
deemed invalid by reason of the omission of the words 
"felony," "felonious," or "feloniously." [Approved by the 
Governor, March 15, 1^(52.] 



22 



1852. 



-Chap. 38—40. 



Chap. 38 An Act in addition to an Act to incorporate the Hanailton Mutual Insur- 
ance Company. 

Be it cjiacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. So much of the act to incorporate the Hamilton 
Mutual Insurance Company as relates to the Essex Mutual 
Fire Insurance Company, is hereby repealed. 

Sect. 2. The members of the Essex Mechanics' Mutual 
Fire Insurance Company, in Salem, are hereby constituted 
members of the Hamilton Mutual Insurance Company, on 
the terms and conditions prescribed and set forth in the act 
to incorporate said Hamilton Mutual Insurance Company. 
When to take Sect. 3. This act, and that to which it is in addition, 
effect. shall take efiect whenever it shaU be accepted by the mem- 

bers of the corporations mentioned in said acts. [Approved 
by the Governor, March 17, 1852.] 



Former act 
partially re- 
pealed. 

Essex Me- 
chanics' Mu- 
tual Fire Ins. 
Company. 



Chap. 39 



Upper cove, 
Gloucester. 

Right of 
•wharfage. 

Proviso. 



Takes effect. 



An Act to authorize John Pew to extend liis Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in, General Court assetnbled, and by the authority of 
the same, as follows : 

Sect. 1. John Pew is hereby authorized to extend his 
wharf in the " upper cove," in the harbor of Gloucester, 
seventy feet from low-water mark ; and he shall have the 
right to lay vessels at the end and sides of the said wharf, 
and receive wharfage and dockage therefor : provided, that 
this act shall in nowise impair the legal rights of any per- 
son whatever. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 18, 1852.] 



r^hnn AC\ An Act to authorize the Troy and Greenfield Railroad Company to hold 
^nap. -tyj ^^ Annual Meeting in April. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Directors may Sect. 1. The Troy and Greenfield Railroad Company 
designate any ^rc hereby authorized to hold their annual meeting for the 
day in April. ^-,^^j.^.gj-|^ year, for the choice of officers and the transaction 
of sucli other business as may be specified in the warrant 
therefor, at such time during the month of April as the 
directors may designate, anything in the by-laws of said 
company to the contrary notwithstanding. 



1852. Chaf. 40—42. 23 

Sect. 2. Notice of said meeting shall be given in the 
manner prescribed by the by-laws of said company. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, March 18, 1852.] 

An Act in addition to an Act to facilitate the settlement of Estates of Per- Qfim), 41 
sons Deceased. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Nothing in the act passed on the fifteenth day Executors and 
of May, in the year one thousand eight hundred and fifty- nordeprh^dof 
one, and entitled " An Act to facilitate the settlement of the right to 
Estates of Deceased Persons," shall be deemed to deprive l?itf/^^o ™°^'*' 
executors and administrators of the right to transfer at 
pleasure, deeds of mortgage, and the real estate thereby 
conveyed, and the debts thereby secured, either before or 
after possession shall have been taken for foreclosure of the 
same ; and all such transfers heretofore made without 
license of court, and all titles to real estate held under such 
transfers, are hereby fully ratified and confirmed. 

Sect. 2. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, March 26, 1852.] 

An Act authorizing the Mansfield Coal and Mining Company to construct Chap. 42 

a Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The JMansfield Coal and Mining Company are Location of 
hereby authorized to locate and construct a railroad, com- road, 
mencing near the present pit of said company in the town 
of Mansfield, or any other pit which they may sink upon 
their land in said town, and running to some convenient 
point on the Boston and Providence Railroad, in said town 
of Mansfield, with all the powers and privileges, and sub- 
ject to all the duties, restrictions, and liabilities set forth in Duties, liabili- 
the forty-fourth chapter of the Revised Statutes, and in that t'^s, &c. 
part of the thirty-ninth chapter thereof, and in all subsequent 
statutes relating to railroad corporations. 

Sect. 2. The said company are hereby authorized to Authorized to 

, - , . . , ,1 1 11 i_ expend of the 

expend of their capital stock such sum as shall be necessary capital stock, 
for the construction and equipment of said railroad. ^, ^^^.^^ 

Sect. 3. Said company is authorized to make contracts contracts with 
with the Boston and Providence Railroad Corporation for ;,^;,fi^;'^°c''e'R! 
furnishing motive power and cars, and operating the road Road. 



24 



1852. 



-Chap. 42—45. 



Location to be 
filed within 
three years. 



hereby authorized to be built, and for the transportation of 
coal brought on said road, and to be earned over any part 
of said Boston and Providence Railroad. 

Sect. 4. If the location of said road be not filed accord- 
ing to law within three years from the passage of this act, 
this act shall be void. [Approved by the Governor, March 
26, 1852.1 



Chap. 43 An Act to authorize the Organization of the Lawrence Machine-Shop. 

Be it enacted by the Senate and House of Representa- 
tives, in General Cour't assembled, and by the authority of 
the same, as follows : 



Corporators. 



Purpose. 



Capital not 
less than 
;g200,000 nor 
more than 
;g750,00O. 

Takes effect. 



Sect. 1. J. "Wiley Edmands, Andrew T. Hall, Charles 
S. Storrow, N. Appleton, Robert Hooper, Ignatius Sargent, 
and their associates, are hereby authorized to organize a 
corporation by the name of the Lawrence Machine- Shop, 
for the purpose of manufacturing machinery in the town of 
Lawrence, according to the provisions of " An Act relating 
to Joint- Stock Companies," passed in the year one thou- 
sand eight hundred and fifty-one, with a capital stock of 
not less than two hundred thousand dollars nor more than 
seven hundred and fifty-thousand dollars, anything in that 
act to the contrary notwithstanding. 

Sect. 2. This act shall take effect from and after its 
passage. [Appi'oved by the Governor, March 26, 1852.] 



Chap. 44 



Lunatic In- 
dians. 



An Act in relation to the State Lunatic Hospital. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

The judges of probate in the several counties of the 
Commonwealth shall have the same authority to commit 
lunatic Indians, resident within their respective counties, to 
the State Lunatic Hospital, as they now have in regard to 
other persons. [Approved by the Governor, March 26, 
1852.1 



Chaj). 45 



Amount of 
real and per- 



An Act in addition to an Act to incorporate the American Antiquarian 

Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sam,e, as folloivs : 

Sect. 1. The American Antiquarian Society is hereby 
authorized and empowered to hold for the purposes for 



1852. Chap. 45—48. 25 

which said society was incorporated, real estate, the annual sonai estate 
income of which shall not exceed the sum of five thousand ^^^'^ 
dollars, and personal estate, which, exclusive of books, 
papers, and articles in its cabinet, shall not exceed the sum 
of one hundred thousand doUars. 

Sect. 2. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor^ March 26, 1852.] 

An Act concerning Police Courts. Chat) 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 several police courts in the Commonwealth 
may exercise all the powers, and perform aU the duties, 
given to and required of, justices of the peace by the laws 
of this Commonwealth, in and for the several counties in 
which said courts are respectively located. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 26, 1852.] 

An Act extending the time for the location and construction of the Rail- Qjinvi 47 
road of the Midland Railroad Company. ^ 

Be it e?iacted by the Senate and House of Representa- 
tives, i?i General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The time fixed by the act incorporating the xwo years. 
Midland Raiboad Company, for the construction of said 
Railroad, is hereby extended two years. 

Sect. 2. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, March 26, 1852.] 

An Act to prevent the destruction of Shad and Alewives in tlie Saugus Chap. 48 
River and its tributary streams within the city 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. The city council of the city of Lynn is hereby CitycouncUof 
empowered and directed, in the month of April or May an- p^° ^ a°com- 
nually, to choose five persons, inhabitants of said city, to mittee of five, 
see that the laws respecting the passage-ways for shad and ^o°rn, &c. 
alewives be observed ; and each person so chosen shall bo 
sworn to the faithful discharge of his duty. And the said Committee 
committee, or a major part of tliem, are hereby authorized ^{jf Jjjj^^o**® 
and empowered to order the times, places, and manner in fishing, &c. 
4 



26 1852. Chap. 48. 

which said fish may be taken in Saugus River and streams 
Proviso. in said city : provided, however, that no person shall be al- 

lowed to take said fish as aforesaid more than three days in 
any one week : and provided, also, that the taking of said 
fish shall not be prohibited more than four days in any one 
Regulations to week. And the regulations which shall be so agreed upon 
be published, ^y ^^^^ committee, shall be written and posted in three 

public places, or published in a newspaper in said city. 
Owners of Sect. 2. The said committee, or a majority of the 

mav^be^requir- members, are hereby authorized and empowered to require 
ed to open pas- of the owuer or occupant of any dam or sluice-head of any 
from'Tpru'l to ™^ erected, or that may be erected over said river or stream, 
June 20. to Open and keep therein a sufficient passage-way for such 

fish, at such time, between the first day of April and the 
twentieth day of June, annually, as the said committee or the 
Further pow- major part of them shall think necessary; and may also re- 
mitteV^^ '^°"^' Claire of the owner or occupant of any canal or course, 
whereby any natural stream is or shall be in part changed or 
altered, to leave sufficient water in the natural stream for the 
easy and safe passage of said fish ; and upon neglect or re- 
fusal of such owner or occupant of any dam, sluice-head, or 
canal as aforesaid, to comply with this act, the said com- 
mittee, or major part of them, shall and may cause sufficient 
passage-way and opening as they shall judge necessary for 
the purposes aforesaid, to be made in such dam, sluice-head, 
or canal, with the least prejudice to the owner or occupant, 
and at his expense. And such passage-way and opening 
shall and may be continued at the discretion of said com- 
mittee, from the time they shall order the same, as afore- 
said, and until they shall order or permit the closing of the 
Fine for ob- same, between the days above named. And if any person 
sage-way &c!" shaU obstruct the passage-way or opening requned or al- 
lowed by said committee, or the major part of them, as 
aforesaid, or in any manner obstruct the passage of said 
fish, or put, or cause, or suffer to be put in either of said 
streams any noxious substance whereby said fish may be 
destroyed, or their passage hindered, such offender shall for- 
feit and pay a sum not exceeding twenty dollars for each 
offence. 
Penalty for Sect. 3. If any person or persons shall be found taking 

uking fish, g^j^y q£ ^|jg aforesaid fish on any day, or in any place, or in 
any manner contrary to the regulations of the said commit- 
tee, or of the provisions of this act, or of otherwise Idlling 
or wasting such fish, such offender shall forfeit and pay a 
sum not exceeding ten dollars, nor less than one dollar for 
each offence. 
non-*re*sident Sect. 4. If any person, not a resident of the city of 
offenders. Lynn, shall take any fish from either of said streams within 



1852. Chap. 48—50. 27 

said city, lio shall forfeit and pay a sum not exceeding 
twenty dollars for each offence. 

Sect. 5. It shall be the duty of said committee to see Committee not 
the observance of this act, and they shall have authority trespassers 

*^ wqiIg Q1S~ 

therefor to go upon the land bordering upon the said river or charging their 
streams, and shall not be considered as trespassers therein. <^^ties. 
And any person who shall molest said committee or either 
of them, in the execution of the duties of their office, shall Fine for mo- 
forlVit and pay a sum not exceeding ten dollars nor less than mittef. ^°^' 
one dollar. 

Sect. 6. All fines and forfeitures given by this act may Fines, how re- 
be recovered by complaint or information in the police court covered, 
of said city, and to the use of said city ; and all costs costs, &c., 
incurred therein, if not otherwise recovered, shall be paid ^^ow paid, 
by said city. 

Sect. 7. All acts and parts of acts heretofore made, Acts repealed, 
which are inconsistent with the provisions of this act, are 
hereby repealed. 

Sect. 8. This act shall take effect from and after its Takes effect, 
passage. [Approved bij the Governor, March 26, 1852.] 

An Act to incorporate Mount Hollis Seminary. Chan 49 

Be it eriacted by the Seriate and House of Representa- 
tives, in General Court assc?nbled, and by the authority of 
the same, as follows : 

George F. Walker, Timothy Walker, Joshua T. Tucker, Corporators, 
their associates and successors, are hereby incorporated by 
the name of iNIount Hollis Seminary, to be estabfished in 
the town of HoUiston, in the county of Middlesex, with the 
powers and privileges, and subject to the duties and liabili- Powers, du- 
ties, provided in chapter forty-fourth of the Revised Stat- **®^' °' 
utes, with power to hold real and personal estate iiot „^ . ^ ^^^^ ^^^ 
exceeding in value fifty thousand dollars, to be devoted ceeding $50,- 
exclusively to the purposes of education. [Approved ^Z/ fo^; gducation- 
the Governor, March 26, 1852.] ai purposes. 

An Act to authorize Jesse Small to extend and maintain a Wharf in Chap. 50 

Provincetown. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Jesse Small is hereby authorized to build and maintain a 
wharf from his land, adjoining the harbor of Provincetown, 
and to extend the same to five feet of water at low tide ; 
and he shall have the right to lay vessels at the said wharf, 
and to receive wharfage and dockage therefor: provided,^ 
that this grant shall in nowise impair the legal rights of 
any person. [Approved by the Governor, March 20, 1 852.] 



28 1852. Chap. 51—53. 

Chap. 51 -^^ ^'■^^ giving concurrent jurisdiction to the Supreme Judicial Court and 
■^ Court of Common Pleas in certain cases. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The supreme judicial court shall have concur- 
rent jurisdiction with the court of common pleas in all 
cases of writs of entry for the foreclosure of mortgages. 

Sect. 2. All actions for the foreclosure of mortgages 
now pending, and which have been removed from the court 
of common pleas to the supreme judicial court and entered 
therein, shall be and remain in said court, and be proceeded 
in, any act of this Commonwealth to the contrary notwith- 
standing. 

Sect. 3. The coui't of common pleas shall have con- 
current jurisdiction with the supreme judicial court in all 
actions respecting easements on real estate. [Ajrproved hi) 
the Governor, March 26, 1852.] 

ChaV. 52 -^^ ^^^ ^° continue m force an Act to incorporate the Lynn Mechanics' 
^' 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 : 

Charter ex- Sect. 1. The act to incorporate the Lynn Mechanics' 

tended to pjj.g ^nd Marine Lisurance Company, passed on the twenty- 
from January third day of January, one thousand eight hundred and 
23, 1853. thirty-three, shall be and remain in force for the term of 

twenty years from the twenty-third day of January, one 
thousand eight hundred and fifty-three ; and said corpora- 
tion shall be continued through that term, with all the 
Liabilities, &c. powcrs and privileges, and subject to all the duties, liabili- 
ties, and restrictions, set forth in the thirty-seventh and 
forty-fourth chapters of the Revised Statutes, and in aU 
subsequent acts relating to insurance companies. 
Section repeal- Sect. 2. Section third of the act aforesaid, incorporating 
ed of former paid Lynn Mechanics' Fire and Marine Insm*ance Company, 
is hereby repealed. [Approved by the Governor, March 26, 
1852.] 

Chap. 53 ^^ -^ct to incorporate the Town of Winthrop. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the autJiority of 
the same, as follows : 

fh°Town of °^ ^^'^'^- 1- That portion of t he town of North Chelsea, lying 
Winthrop. southerly of a creek called " The Short Beach Creek," said 



1852. Chap. 53. 29 

creek beginning at a point at the river which divides Belle 
Isle from North Chelsea — said point being south, twenty- 
degrees east from the dwelling-house of James P. Sale, and 
east ten degrees north from Bunker Hill Monument, thence 
running east thirty-five degrees north forty-eight rods, 
thence running north fifteen degrees east thirty-two rods, 
thence running east thirty degrees south fourteen rods, 
thence rumiing east forty degrees north twenty-three rods 
to the inside of the short beach, thence east thirty degrees 
north eight rods to high-water mark, and into Lynn bay, is 
hereby incorporated into a town by the name of Winthrop, 
and the inhabitants of the said town of Winthrop are 
hereby invested with all the powers and privileges, and powers, liabiii- 
shall be subject to the duties and requisitions of other ties, &c. 
incorporated towns, according to the constitution and laws 
of this Commonwealth. 

Sect. 2. The inhabitants of said town of /Winthrop inhabitants 
shall be holden to pay all arrears of taxes which have been bound to pay 
assessed upon them by the town of North Chelsea, and the taxes, &c. 
said town of Winthrop shall be holden to pay their propor- Aiso,theirpro- 
tion of the debts due and owing by said town of North Smm°2ys^^ 
Chelsea, and also their proportion of the money appropri- appropriated. 
ated, or which may be necessary to build the Boatfiekl and 
Coolidge roads, in the year one thousand eight hundred 
and fifty-two, and shall be entitled to receive of the town 
of North Chelsea their proportion of all the corporate pro- ^'^es^^ts pro- 
perty now owned by said town of North Chelsea, such pro- portion of the 
portion to be ascertained by the last valuation of said town peny'of North 
of North Chelsea, and the said town of North Chelsea shall Chelsea, and 
incur no liability for the said town of Winthrop after the bmt^to^be^in- 
passage of this act. curred. 

Sect. 3. The said towns of North Chelsea and Win- support of 
throp shall be respectively liable for the support of all per- ^f^gP^^foi?"^"" 
sons who now do, or shall hereafter, stand in need of relief 
as paupers, whose settlement was gained or derived from a 
settlement gained or derived Avithin their respective limits. 

Sect. 4. In case the towns of North Chelsea and Win- Referees to be 
throp shall disagi-ee in respect to a division of paupers, ^as^g^o'^/d'i&r- 
town property, or town debts, the court of common pleas ence. 
of the county of Suffolk are hereby authorized to and shall, 
on application of said towns of North Chelsea and Win- 
throp, appoint three disinterested persons to hear the parties 
and award thereon, which award, when accepted by said 
court, shall be final. 

Sect. 5. The town of Winthrop shall, for the purpose -vvinthrop to 
of electing representatives to the General Court until the ""^"^^^"(.^^^^g* 
next decennial census, or until another apportionment of fo^ ^,i;o^.e of 
representatives be made, remain a part of the said town of representa- 



30 1852. Chap. 53—55. 

tives until Nortli Chelsea, and vote at such place as the inhabitants 
next census, ^^ ^^^^ ^^^^.^j^ Chelsea hold their meeting for the election 

of representatives. 
Justice of Sect. 6. Any justice of the peace in the county of Suf- 

peace may is- f^i]^ jg hereby authorized to issue his warrant to any prin- 

sue warrant for .,.,,.•' . , -itr- • • i • 

meeting for cipal inhabitant oi the town of Wmthrop, requiring him to 
choice of town -^am the inhabitants of said town- to meet at the time and 

omcers. - . • i r c i • n 

place therein appointed, for the purpose of choosing all 
such town ofRcers as towns are by law authorized and 
required to choose at their annual meetings. 
Takes effect. Sect. 7. This act shall take effisct from and after its 
passage. [Appi'oved hy the Governor, March 27, 1852.] 

Chcin 54 ■^'^ ^^^ authorizing Arbitrators, Referees, and Auditors to administer 
"' Oaths. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Arbitrators, referees, and auditors, appointed according to 
law, are authorized to administer oaths or affirmations to 
all witnesses who may appear to testify respecting any 
matters depending before them. [Approved by the Governor^ 
March 27, 1852.] 

Chav 55 ^^ ^^^ ^^^ ^^^ Voluntary Closing of Corporations. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, arid hy the authority of 
the same, as follows : 

Supreme court Sect. 1. Whenever a majority in number or interest of 
may hear the ^^g members of any corporation shall desire to close their 

matter and de- ^, '' ^ , , .... , ,, 

cree dissoiu- conccms, they may apply by petition to the supreme 
tionofacor- indicial court, settins: forth in substance the grounds of 
their application, and said court, after due notice to all par- 
ties interested, may proceed to hear the matter, and for 
reasonable cause, decree a dissolution of such corporation. 
Court may ap- Sect. 2. Upon such decree being made, said court may, 
point receivers at their discretion, appoint one or more persons to be re- 
or trustees. (.(.jyers or trustees, of and for such corporation, in like man- 
Powers, du- ner and with the like powers and duties as provided in 
ties, &c. sections eight and ten of chapter forty-four of the Revised 

Statutes ; and said court shall have like jurisdiction of, and 
powers in, such application, and all questions arising in the 
proceedings thereon, as provided in section nine of said 
chapter forty-four. 
Corporations Sect. 3. All corporations so dissolved by decree, as 
so dissolved, aforesaid, shall be deemed and held extinct in like manner, 



1852. Chap. 55—57. 31 

to tlio same extent, and with like effect, as if their charters deemed ex- 
had expired by their own limitation. ^^^'^^' ^''^ 

Sect. 4. All acts or parts of acts inconsistent with the Acts repealed, 
provisions of this act are hereby repealed. [Approved by 
the Governor, March 27, 1852.] 

An Act in addition to " An Act concerning Cemeteries." Chart '^fi 

Be it enacted hij the Senate and House of Representa- 
tives, in General Court assembled, and by the aiUhority of 
the same, as follows : 

Sect. 1. Any ten or more persons, being a majority in Ten or more 
interest of the proprietors of any cemetery desirous of persons may 

.1^*., •' ,.•' , . organize as a 

organizmg said proprietors as a corporation, may do so in corporation, 
the manner provided in the forty-third chapter of the Re- 
vised Statutes. 

Sect. 2. Every such corporation shall have the rights, Powers, du- 
privileges, and powers, and be subject to the duties, regula- *^^^' **'• 
tions, and liabilities, contained in the first sixteen sections 
of said forty-third chapter, and also in the act concerning 
cemeteries, passed in the year one thousand eight hundred 
and forty-one, to which this act is in addition : provided, that Proviso. 
nothing herein contained shall authorize said corporation to 
make sale of or shall impair the right of any proprietor of 
said cemetery. [Approved by the Governor, March 27, 1852.] 

An Act to authorize the organization of a corporation by the name of the (Jhny) 57 
American Linen 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. Richard Borden, Jefferson Borden, Oliver S. Corporators. 
Hawes, and their associates, are hereby authorized to 
organize a corporation by the name of the American Linen 
Manufacturing Company, for the purpose of manufactur- 
ing, bleaching, and finishing linen goods, in the town of 
Fall River in the county of Bristol, according to the pro- 
visions of the one hundred and thirty-third chapter of the 
acts of the year one thousand eight hundred and fifty-one, 
entitled " An Act relating to Joint-Stock Companies," with Capital not 
a capital stock of not less than two hundred thousand dol- less than 
lars, nor more than five hundred thousand dollars, anything mire' tUan""*^ 
contained in said act to the contrary notwithstanding. ^ooo.ooo. 

Sect. 2. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, March 27, 1852.] 



32 



1852.- 



-Chap. 58—59. 



Cha^. 58 



Corporators. 



In Province- 
town. 



Purpose, du- 
ties, &c. 



May hold real 
and personal 
not exceeding 

520,000. 

Proviso. 



Shall not im- 
pair legal 
rights. 



An Act to incorporate the Union 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 : 

Sect. 1. Charles A. Hannum, Stephen Nickerson, Al- 
fred Nickerson, their associates and successors, are hereby 
made a corporation, by the name of the Union Marine 
Railway, in Provincetown, for the purpose of constructing 
and maintaining a railway, suitable for repaning vessels, at 
Union wharf in Provincetown ; with all the powers and 
privileges, and subject to all the duties, liabilities, and re- 
strictions, set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. The said corporation may hold real and per- 
sonal estate, necessary for the purpose aforesaid, not ex- 
ceeding in amount twenty thousand dollars ; provided, that 
no shares in said corporation shall be issued for a less sum or 
amount, to be actually paid in on each, than the par value 
thereof, when first issued. 

Sect. 3. This act shall in nowise impair the legal rights 
of any person whomsoever. [Approved by the Governor, 
March 27, 1852.] 



Chaj). 59 



Corporators. 



Duties, liabili- 
ties, &c. 



May hold cer- 
tain real es- 
tate. 



May improve, 
sell, and con- 
vey, &c. 

Capital not to 
exceed ^300,- 
000. 

No stock is- 
sued under 
par. 
Takes effect. 



An Act to incorporate the Gary Improvement 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. John H. Wilkins, James Sturgis, John Gard- 
ner, their associates and successors, are hereby made a 
corporation by the name of the Gary Improvement Com- 
pany, with all the powers and privileges, and subject to all 
the duties, liabilities, and restrictions, set forth in the forty- 
fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation may purchase and hold the 
whole or any part of certain real estate in Chelsea described 
in the deed of Charles S. Cary to Joseph W. Clark, dated 
September first, one thousand eight hundred and fifty-one, 
and recorded with Suffolk deeds, liber six hundred and 
twenty-five, folio one hundred and eighty, and may grade 
and prepare the same for sale, and sell and convey the 
whole or any part thereof. 

Sect. 3. The capital stock of said corporation shall not 
exceed three hundred thousand dollars, and no shares in the 
capital stock shall be issued for a less sum or amount to be 
paid in on each than the par value of the shares first issued. 

Sect. 4. This act shall take effect from and after its 
passage. [Appi'oved by the Governor, March 27, 1852.] 



1852. Chap. 60—61. 83 

An Act to incorporate the East Boston Library Association. Chat). 60 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. James B. Allen, Joseph Robbins, and Benja- Corporators, 
mill Pond, their associates and successors, are hereby made 
a corporation by the name of the East Boston Library 
Association, to be established in that part of the city of 
Boston called East Boston, in the county of Suffolk, for 
the pm-pose of instituting and maintaining a library and Purpose, 
reading-room, advancing useful arts and sciences, and pro- 
moting public instruction, by lectures or otherwise, with all 
the powers and privileges, and subject to all the duties, Powers, &c. 
restrictions, and liabilities, set forth in the forty-fotui;h chap- 
ter of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal Capital not ex- 
estate to an amount not exceeding in the whole the sum of ^^"^^ ^'^^'' 
seventy-five thousand dollars, the income of which shall be 
devoted to the aforesaid purposes. [Approved by the Gov- 
ernor, March 27, 1852.] 

An Act to incorporate the Lynnfield Mutual Fire Insurance Company. Chat) 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 : 

Sect. 1. Samuel N. Newcomb, Levi H. Russell, "Wil- Corporators, 
liam R. Roundy, their associates and successors, are hereby 
made a corporation by the name of the Lynnfield Mutual 
Fire Insurance Company, to be established in the town of 
Lynnfield, for the term of twenty-eight years, for the pur- 
pose of insuring dwelling-houses and other buildings, and 
personal property, against loss by fire, with all the powers 
and privileges, and subject to all the duties, liabilities, and Powers, in- 
restrictions, set forth in the thirty-seventh and forty-fourth *^®^' ^'^' 
chapters of the Revised Statutes, and all subsequent laws 
of the Commonwealth relating to mutual fire insurance 
companies. 

Sect. 2. No policy shall be issued till the sum of fifty No policy is- 
thousand dollars shall have been subscribed to be insured. ^^'^^ ^^^^' ^^' 
[Approved by the Governor, March 27, 1852.] 
5 



34 1852. Chap. 62—63. 

Chup. 62 ^^ ^^^ t° extend the time for the erection of a Dam across Bayley's 
-^ ' Creek, in the Town of Cohasset. 

Be it etiacted by the Senate and House of Representa- 
tives, in General Court assembled, ajid by the authority of 
the same, as follows : 

Time extended The time ill wliich Charles B. Sawyer and Stephen M. 

to 29th April, ^q^i are, by an act entitled " An Act to authorize Charles 
B. Sawyer and Stephen M. Allen to erect a dam across 
Bayley's Creek," enacted on the twenty-ninth day of April, 
in the year one thousand eight hundred and fifty, required 
to build said dam, is hereby extended to the twenty-ninth 
day of April, in the year one thousand eight hundred fifty- 
four. [Approved by the Governor, March 27, 1852.] 

Chdt) 63 -^^ ^^^ relating to the Annual Meeting in the Town of Sandwich for the 
^' Year One Thousand Eight Hundred and Fifty-two. 

Be it enacted by the Senate and Mouse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Collectors of Sect. 1. The collectors of taxes in the town of Sand- 
edufmakl^cer- wich are hereby authorized to make the returns required by 
tain returns, section third of chapter third of the Revised Statutes, at 

any time not less than seven days before the first Monday 
Selectmen to of April next ; and the selectmen of said town are also 
make out cer- hereby authorized to make out the lists requned by section 
post tiie same, fifth of said chapter, from the returns of the collectors as 
<^'c. above made, and to cause them to be posted up five days 

before the said first IVIonday of April next in two or more 

pubfic places in said town. 
List of voters Sect. 2. The list of voters thus made out, may be used 
to be used at in w^q annual meeting of said town, to be holden on the 
ing in April first Monday of April next ; and the election of all town 
next. officers, and the transaction of all business at said meet- 

Shall be valid, ing, shall be as vafid as it would have been had the returns 
^^- of the collectors and the lists of the selectmen been made, 

as requned by the provisions of chapter third of the Revised 

Statutes. 
Takes eflfect. Sect. 3. This act shall take effect from and after its 

passage. [Approved by the Governor, March 21, 1852.] 



1852. Chap. 64—66. 3S. 

An Act to prevent the wilful injiwy of Bank-Bills. ChcLD. 64 

Be it enacted by the Senate and Honse of Representa- 
tives, i?i Genei'al Court assembled, and by the authority of 
the same, as follows : 

Any person who shall be convicted of wilfully and mali- Penalty for 
ciously tearins:, cutting, or in any other manner dam-^nkbiUs^ 
aging and imjiairing the usefulness for circulation of any 
bank-bill, or note of any bank in this Commonwealth, shall 
be punished by a fine not exceeding ten dollars for each 
offence, to be recovered by complaint before any justice of ^°^ recover- 
the peace or police court : provided, that the possession or proviso. 
uttering of any bill so injured shall not be considered evi- 
dence of its having been so injured by the person in whose 
possession it is found ; unless connected with ckcumstances 
tending to prove that the bill was so injured by the person 
holding or uttering the same. [Approved by the Governor, 
March 27, 1852.] 

An Act to increase the Capital Stock of the Salem Steamboat Company. Qhnn Qh 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The Salem Steamboat Company is hereby authorized to increase not 
increase its capital stock by adding thereto an amount not I^q^ooo"^ 
exceeding thirty thousand dollars ; and said company may 
hold real estate not exceeding in amount twenty thousand 
dollars : provided, that no shares in said capital stock shall Proviso. 
be issued for a less sum or amount, to be paid in on each, 
than the par value of the shares first issued. [Approved by 
the Governor, March 27, 1852.] 

An Act to regulate the setting of Mesh Nets in North River. ChaD 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. No person or persons shall set or cast any When nets 
mesh net across North River, so called, in the county of ^^^ ^^ ^®*" 
Plymouth, so as to prevent the free passage of fish up or 
down said river, on any days excepting Mondays, Wednes- 
days, and Fridays of each week, from sunrise to sunset of 
said days. 

Sect. 2. All laws restricting and regulating the setting 
of seines in said North River, shall apply to the setting of 
mesh nets in said river. [Approved by the Governor, March 
27, 1852.] 



36 



1852.- 



-Chap. 67—68. 



Chap, 67 



Proprietors of 
Fall River 
•wharf author- 
ized to con- 
struct a rail- 
road track. 

Location. 



Crossing pro- 
vided for. 



Connection 
with Fall River 
Railroad. 



An Act to authorize the construction of a Railroad Track in the Town of 

Fall River. 

Be it enacted hy the Senate and House of Representa- 
tives, 171 General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. Nathan Slade, Abner Slade, and Nathaniel B. 
Borden, proprietors of the wharf in Fall River known as 
the Fall River Wharf, their successors and assigns, for the 
purpose of facilitating the transportation of merchandise to 
and from said wharf, are hereby authorized to construct 
and maintain a railroad track, commencing upon said 
wharf, and from thence extending by a curved line easterly 
and northerly across a public street or highway to, and to 
connect with the Fall River at a point near the range of 
the northerly line of land connected with said wharf, and 
belonging to said proprietors. 

Sect. 2. A good and sufficient crossing at said street, 
or highway, for teams and carriages, shall be maintained 
by the proprietors aforesaid ; and in arranging the same 
they shall be subject to such rules and requirements as by 
the selectmen of the town of FaU River may be deemed 
reasonable and necessary. 

Sect. 3. The connection with the Fall River Railroad 
shall be in such manner, and upon such terms, as may be 
mutually agreed upon by said proprietors with the Fall 
River Railroad Company. [Approved by the Governor, 
March 27, 1852.] 



Corporators. 



Chap. 68 An Act to incorporate the Flax Pond Fishing Company, in Dennis. 

Be it enacted hy the Seriate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. James Howes, WiUiam CroweU, 2d, John 
Gorham, their associates and successors, are hereby made 
a corporation by the name of the Flax Pond Fishing Com- 
pany, in Dennis, and are empowered to open a brook, or 
outlet, from Flax pond to Sesuit creek, so called, and also 
improve Sesuit creek (into which said pond empties) to the 
sea, so far as may be necessary for the purpose of an ale- 
wive fishery, and to regulate the same, and for this purpose 
shall have all the powers and privileges, and be subject to 
all the duties, restrictions, and liabilities, contained in the 
forty-fourth chapter of the Revised Statutes. 

Sect. 2. K any person, without permission of the cor- 
poration, shall take, catch, or haul on shore, any alewives 
in said pond, or brook, or creek, or outlet so made, the per- 



Purpose. 

Powers, du- 
ties, restric- 
tions, &c. 



Penalty for 
violating this 
act. 



1852. Chap. 68—69. 3*1 

son so offending shall forfeit, and pay, for the use of said 
corporation, a sum not exceeding two dollars, if the quan- 
tity so taken be less than one barrel, but, if said quantity 
be more than one ban-el, the person so offending shall forfeit 
and pay, for each and every barrel of fish so taken, five dol- 
lars, to be recovered in any coiu^t proper to try the same. 

Sect. 3. If any damage shall be done by said corpora- Indemnity to 
tion to the property of any individual, such individual shall damag^e! ^°' 
be entitled to reasonable indemnity for the damage done 
him. 

Sect. 4. Any inhabitant of the town of Dennis shall be inhabitants of 
entitled to the privilege of becoming a member of said cor- be^come mem- 
poration : provided, application is made therefor within three ^"s. 
months from the passage of this act : and provided, also, Proviso. 
that said applicants pay their proportion of the expenses 
which shall have accrued to said corporation. 

Sect. 5. If the said corporation shall neglect to execute Forfeiture of 
and complete the improvements provided for in this act c^^'^'^'^- 
within three years from the passage thereof, then the same 
shall be void and of no effect. 

Sect. 6. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, March 27, 1852.] 

An Act to authorize the organization of the " American Tube -Works" Chap. 69 

Corporation. 

Be it enacted by the Senate and House of Representa- 
tives, in Geyiei'al Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Joseph Cotton, William E. Coffin, Holmes Corporators. 
Hinkley, Joseph E. Cotton, Daniel F. Childs, and their 
associates, are hereby authorized to organize a corporation 
by the name of the " American Tube Works," for the pur- 
pose of manufacturing brass and copper tubes, and other 
brass and copper work, in the town of Somerville, in the 
county of Middlesex, according to the provisions of the one 
hundred and thirty-third chapter of the acts of the year one 
thousand eight hundred and fifty-one, entitled " An Act 
relating to Joint-Stock Companies," with a capital stock of p^pit^lnot 
not less than two hundred thousand doUars, nor more than ^200,000 nor 
three hundred thousand doUars, anything in said act to the ^^q^qqq*'^ 
contrary notwithstanding. ' 

Sect. 2. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor, March 30, 1852.] 



38 1852. Chap. 70—71. 

Chap. 70 -^^ "^*^^ ^^ incorporate the proprietors of the Odd Fellows Hall in the City 

of Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Joseph L. Drew, Alfred Mudge, Hezekiah 
Prince, their associates and successors, are hereby made a 
corporation by the name of the " Proprietors of the Odd 
Fellows Hall in the City of Boston," for the purpose of 
providing and maintaining a building in said city suitable 
for lectures, a library, and the meetings of said proprietors, 
Powers, du- with all the powers and privileges, and subject to all the 
les, c. duties, liabilities, and restrictions, set forth in the forty- 

fourth chapter of the Revised Statutes. 
May hold Sect. 2. Said corporation may, for the purposes afore- 

and V20 000^ ' ^^id, hold real estate not exceeding in value one hundred 
personal es- thousand dollars, and personal estate not exceeding twenty- 
^^^^' five thousand dollars. [Approved by the Governor, March 

30, 1852.] 

Chap. 71 -^^ "^^^ *° incorporate the Westfield Mutual Fire Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Norman T. Leonard, William G. Bates, Ed- 
■ward B. Gillett, their associates and successors, are hereby 
made a corporation by the name of the Westfield Mutual 
Fire Insurance Company, in the town of Westfield in the 
Term, twenty- comity of Hampden, for the term of twenty-eight years, for 
eight years. ^}^g purpose of insuring dwelling-houses and other buildings, 
and personal property, against loss by fire, ^\-ith all the 
Powers, liabili- powers and privileges, and subject to aU the duties, liabifi- 
ties, &c. ligg^ a.nd restrictions, set forth in the thirty-seventh and 

forty-fourth chapters of the Revised Statutes, and all laws 
subsequently passed relating to mutual fire insurance com- 
panies. 
When com- Sect. 2. No policy shaU be issued till the sum of one 

mence insur- hundred thousand dollars shall have been subscribed to be 
insured. [Approved by the Governor, March 30, 1852.] 



1852. Chap. 72—73. S9 

An Act to incorporate the Beverly Insurance Company. 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 folloivs : 

Sect. 1. William H. Lovett, Alpheus Davis, Josiah L. Corporators. 
Foster, their associates and successors, are hereby made a 
corporation, by the name of the Beverly Lisurance Com- 
pany, in Beverly, for the term of tv\'enty years, for the 
purpose of making insurance against maritime losses, on Purpose, mn- 
the principle of inutual insurance, with all the powers and t^^i insurance, 
privileges, and subject to all the duties, liabilities, and re- Duties, &c. 
strictions, set forth in the thirty-seventh and forty-fourth 
chapters of the Revised Statutes, so far as the same are 
applicable to the corporation hereby created. 

Sect. 2. No policy shall be issued by said company xo policy is- 
until the sum of lifty thousand dollars shall be subscribed sued until, &c 
to be insured ; and no division of the profits of the company 
shall be made so long as the company shall be liable on 
any policy. 

Sect. 3. On receiving from the subscribers thereto a When may 
capital of thirty thousand dollars, said company may issue ^^nce^ &c!^' 
policies other than on the mutual principle, subject to all 
the duties, liabilities, and restrictions, and with all the Restrictions, 
powers and privileges, set forth in the thu'ty-seventh chapter '^'^• 
of the Revised Statutes, and in subsequent acts relating to 
insiuance companies. 

Sect. 4. The capital of said company may be increased Capital, ^lOO,- 
to a sum not exceeding one hiuidred thousand dollars. 
[Approved by the Governor, March 30, 1852.] 

An Act to incorporate the " Boston Young Men's Christian Association." Ghni) 73 

Be it 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 O. Watts, Stephen G. Deblois, Charles Corporators. 
T. Russell, their associates and successors, are hereby made 
a corporation by the name of the " Boston Young Men's 
Christian Association," in the city of Boston, for the pur- purpose. 
pose of improving the spiritual and mental condition of 
young men, 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 Stattites. 

Sect. 2. Said corporation may hold real and personal Capital, 540,- 
estate to an amount not exceeding forty thousand dollars. 
[Approved by the Governor, March 30, 1852.] 



40 1852. Chap. 74—76. 

Chap. 74 -^^ ^^^ t° authorize William Thurston and James C. Coleman to extend 
■^' their wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloius : 

May extend to William Thurston and James C. Coleman, proprietors of 
and Bro n^s^^ ^ wharf in Newburyport lying between Central wharf and 
wharf. Brown's wharf, are hereby authorized to extend their wharf 

into the river as far as the said Central wharf and Brown's 
wharf are now extended : provided, that the extension be- 
yond their present structm-e shall be built on piles, which 
piles shall not be nearer to each other than six feet in the 
direction of the stream, and eight feet in a transverse direc- 
tion, and they shall have the right to lay vessels at said 
wharf and receive wharfage and dockage therefor: provided, 
this act shall not impair the legal rights of any person. 
[Approved by the Governor, March 30, 1852.] 

Chap. 75 An Act concerning Judicial Proceedings in the county of Dukes county. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sa7ne, as follows : 

Any justice Sect. 1. In any suit now pending, or which may here- 

tnay issue ve- af^gj. ^g broufijht, in the county of Dukes, wherein the 

uirGS in. ccrtSrin o ' •/ ' 

cases. inhabitants of any town in said county are disqualified by 

law from acting as jurors, any justice of the court of com- 
mon pleas in which such action may be pending, as well in 
term time as in vacation, may issue an order to the clerk of 
said court, to issue writs of venire facias for a sufficient 
number of jurors to try such causes, from any town whose 
inhabitants are not so disqualified; and the clerk shall issue 
his venire facias accordingly. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, March 30, 1852.] 



Chap. 76 



An Act relating to Bonds. 

Be it e?iacted by the Senate arid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Bonds, &c., All bonds and other obligations, under seal for the pay- 

bie1ike^pr°o^-^" mcut of moucy purporting to be payable to the bearer, or 
missory notes, some pcrsou designated, or bearer, or payable to order, 
which have been or hereafter shall be issued by any corpo- 
ration or joint-stock company, are hereby made negotiable 
in the same manner and to the same extent as promissory 
notes are now negotiable. [Approved by the Governor, 
March 30, 1852.] 



1852. Chap. 77—79. 41 

An Act extending the times for Locating and Constructing the Mount Chan, 77 
Pleasant Branch Railway. ■* * 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court asseinhled, and by the authority of 
the same, as follows : 

The times within which the Mount Pleasant Branch One year. 
Railway Company may locate and construct its road, are 
hereby respectively extended one year beyond the times 
now fixed by law. [Approved by the Governor, March 80, 
1852.] 

An Act to incorporate the Marsh Bank Wharf Company. Chat) 78 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. Valentine Doane, Gilbert Smith, Elbridge G. Corporators. 
Doane, their associates and successors, are hereby made a 
corporation by the name of the Marsh Bank Wharf Com- 
pany, in Harwich, with aU the powers and privileges, and Powers, liabili- 
subject to aU the duties, liabilities, and restrictions, set forth *^^^' ^* 
in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. Said company are hereby authorized to extend Wharfage, &c. 
their wharf in said Harwich one hundred feet into the har- 
bor, and may lay vessels thereat and receive wharfage and 
dockage therefor : provided, this grant shall not impair the 
legal rights of any person. 

Sect. 3. Said company may hold real and personal May hold real 
estate, necessary for the purpose aforesaid, not exceeding estat^!"^^""^* 
in amount six thousand dollars, in such shares as may be 
convenient : provided, that no shares shall be issued for a Proviso. 
less sum, or amount, to be paid in on each, than the par 
value of the shares first issued. 

Sect. 4. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, March 30, 1852.] 

An Act to incorporate the Fitchburg Agricultural Society. Chat) 79 

Be it enacted hy the Senate and House of Rep'resenta- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Nathaniel Wood, Ivers PhiUips, and Abel F. Adams, their Corporators, 
associates and successors, are hereby made a corporation 
by the name of the Fitchburg Agricultm-al Society, for the Purpose, 
encouragement of agriculture and the mechanic arts, by 
premiums and other means, in the town of Fitchburg, in 
the county of Worcester, with all the powers and privileges, 
6 



42 



1852.- 



-Chap. 79—81. 



Liabilities, &c. and subject to all the duties, liabilities, and restrictions, set 

forth in the forty-second and forty-fourth chapters of the 

Revised Statutes, and in all subsequent acts concerning 

agricultural societies ; and said corporation may hold and 

May hold ^15,- manage real estate not exceeding in value fifteen thousand 

^° d S15 oocT*^ dollars, and personal estate not exceeding the same sum, 

personal'. for the purposes aforesaid. \Approved by the Governor^ 

March 30, 1852.] 



Trustees may 
apply the be- 
quests of Theo. 
Lyman for en- 
larging the 
buildings, &c. 



ChttT). 80 ^^ ^^^ providing for the Enlargement of the State Reform School. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The trustees of the State Keform School at 
Westborough, are hereby authorized to apply any part of 
the bequests of the late Theodore Lyman, made for the 
benefit of said school, to the purpose of adding to or 
enlarging the buildings thereto belonging, to such an ex- 
tent that they may accommodate two hundred and fifty 
additional inmates, and to the proper furnishing the same : 
provided, such expenditure shall not exceed the sum of fifty 
thousand dollars. 

Sect. 2. When said addition, or enlargement, shall be 
completed, the said trustees shall provide for the reception 
of juvenile offenders to the extent of such additional accom- 
modations, under the same rules and regulations as are now 
by law established in reference to commitments to said 
reform school. [Approved by the Governor, March 30, 
1852.] 



Proviso, 



When the en- 
largement is 
made addition- 
al accommoda- 
tions shall be 
provided for 
juvenile of- 
fenders. 



Chap. 81 



Corporators. 



West Boyls- 
ton. 



May hold 
^2000 in es- 
tates. 



An Act to incorporate the MoHnt Vernon Cemetery Association. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. John D. LoveU, Cephas Muzzy, John Law- 
rence, their associates and successors, are hereby made a 
corporation by the name of the Mount Vernon Cemetery 
Association, for the purpose of establishing and perpetuat- 
ing a place of burial of the dead, to be located in the town 
of West Boylston, in the county of Worcester, and shall 
have all the powers and privileges, and be subject to all 
the duties, liabilities, and restrictions, set forth in the forty- 
fourth chapter of the Revised Statutes. 

Sect. 2. Said corporation may hold real and personal 
estate, necessary and convenient for the purposes aforesaid, 
not exceeding in amount two thousand dollars. [Approved 
by the Governor, March 31, 1852.] 



1852. CHAr. 82—84. 41 

An Act to change the name of The Paper Manufacturers' Mutual Insur- Chan. 82 
ance Company. "' 

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 Paper Manufacturers' Mutual Insurance Company 
shall hereafter be called and known by the name of The 
Western Massachusetts Insurance Company. [Approved 
by the Governor, March 31, 1852.] 

An Act concerning the Mariner's Mutual Marine Insurance Company. Chan 83 

Be it enacted by the Senate and House of Represerita- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

The time within which the Mariner's Mutual Marine Time extended 
Insurance Company are by law required to notify the sec- o^e year, 
retary of the Commonwealth of their acceptance of the act 
incorporating said company, is hereby extended for one 
year, from the twentieth day of May, one thousand eight 
hundred and fifty-two. [Approved by the Governor, March 
31, 1852.] 

An Act to provide for the Preservation and Management of the Sartell Phnrn ft4. 
School Fund in the Town of Groton. ^nap. O* 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The inhabitants of school district number Town shall 
seven, in the town of Groton, in the county of Middlesex, •^^°°ss ^^^ 
shall annually, in the month of March or April, elect by "Trustees of 
ballot five persons, who shall be a body politic and corpor- Schm)YFund " 
ate, enjoying all the privileges and immunities, and being 
subject to all the duties and liabilities of similar corpora- Their duties, 
tions, so far as applicable to this, as provided in the forty- *°' 
fourth chapter of the Revised Statutes, and who shall be 
styled and denominated " The Trustees of the SarteU School 
Fund." 

Sect. 2. Said trustees shall annually choose one of Said trustees 
their number to be their clerk, who shall be sworn to the ^}^^} *^^°°?!iit 

r • 1 r 1 c c 1 • 1 • • 1 n- i clerk annually 

laithiul perlormancc of his duties in that oltice ; and another and aisoatrea- 
to be their treasurer, who shall give bonds with sufficient ^^^'^^ 
sureties to said trustees in the penal sum of at least double ^^ °^ ' 
the principal of the Sartell School Fund, for the faithful 
discharge of his duties in that office. 



44 



1852. Chap. 84—85. 



Trustees may 
take the fund 
left by J. Sar- 
tell for a wo- 
man's school, 
•with records, 
&c. 



Trustees of 
Groton Minis- 
terial Fund 
thereafter dis- 
charged. 

Trustees of 
Sartell fund to 
loan on notes 
and mortga- 
ges. 



How apply in- 
terest. 



Shall make an- 
nual report of 
doings, &c. 



Trustees joint- 
ly and several- 
ly responsible. 

Statutes re- 
pealed. 



Takes effect. 



Sect. 3. Said trustees shall, as soon as may be after 
their first election and organization, demand, take, and re- 
ceive of the trustees of Groton Ministerial Fund in said 
town, all that fund which proceeded from a devise made by 
the late Josiah Sartell, Esquire, of his Hobart farm, for the 
support of a woman's school, in said town, together with 
the records and documents in relation thereto, and which 
was intrusted to their possession and management, by the 
statute of eighteen hundred and fourteen, chapter twenty- 
one ; and upon the delivery of said funds, records, and 
documents, by said trustees of Groton Ministerial Fund, 
they shall thereafter be wholly released, and exempted from 
all duties, obligations, and liabilities imposed upon them by 
said statute or otherwise. 

Sect. 4. It shall be the duty of the trustees of the Sar- 
tell School Fund to keep the principal of said fund loaned, 
upon interest, to be paid annually, taking security therefor 
by notes and mortgages of real estate, of double the value 
expressed in each note respectively, and to apply the said 
interest to the support of a woman's school, to be kept 
in said district number seven, in conformity as nearly as 
may be to the last will and testament of said Josiah Sar- 
tell, the founder of said fund ; and they shall annually report 
in writing, to the inhabitants of said district at their meet- 
ing for the choice of trustees, the state of said fund and their 
management thereof, for the year then last past, and said 
inhabitants may have and maintain an action of tort against 
said trustees jointly or severally, for any negligence or mis- 
feasance in their management of said fund or interest, 
whereby the same may be lost, diminished, or misapplied. 

Sect. 5. The statute of one thousand eight hundred 
and fifty, chapter one hundred and ninety-seven, and all 
other acts or parts of acts inconsistent with this act are 
hereby repealed. 

Sect. 6. This act shall take effect from and after its 
passage. [Approved by the Governor, March 31, 1852.] 



Chap, 85 



Provincetown, 



Right of 
wharfage, &c. 
Proviw. 



An Act to authorize Ebcnezer W. Holway 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 : 

Ebenezer W. Holway is hereby authorized to build a 
wharf from his land adjoining the harbor of Provincetown, 
and to extend said wharf into six feet of water at low tide, 
and to lay vessels at the end and sides thereof, and receive 
wharfage and dockage therefor: provided, this grant shall 
not affect the legal rights of any person. [Approved by the 
Governor, March 31, 1852.J 



1852. Chap. 86—87. 46 

An Act to Protect Titles to Real Estate derived from Aliens. Chap. 86 

Re it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

No title to real estate shall be invalid on account of the 
alienage of any former owner or holder thereof: provided, 
that nothing herein contained shall defeat the title to any 
real estate heretofore conveyed or released by the Common- 
wealth or by authority of the same. [Approved by the 
Governor, March 31, 1852.] 

An Act authorizing the Hartford and New Haven Railroad Company to Chap. 87 
increase their Capital Stock. 

Be it ejiacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Hartford and New Haven Railroad Com- Capital may be 
pany are hereby authorized to increase their capital stock exceTding°°' 
to an amount not exceeding six hundi-ed and fifty thousand 56.50,000, in 
dollars, by creating an additional number of shares, not ^^^^^^ °^ ^^^ 
exceeding six thousand five hundred, of one hundred dollars 
each ; also, to make any lawful contract, and merge or May merge or 
make joint-stock with any other railroad company owning ^^^^ j^^'}^*' 
a branch of said railroad, or any other connecting line other roads on 
without the limits of Massachusetts, in the same manner tfJns!^ ^^^^^' 
and to the same extent as may be authorized by the General 
Assembly of the State of Connecticut ; and said company 
shall be subject to all the general laws of this Common- 
wealth to the same extent as if their road were wholly 
therein : provided, hovjevcr, that nothing in this act shall be Proviso. 
interpreted to confer the power to purchase, merge, or make 
joint-stock with the railroad of the New Haven and North- 
ampton company, known as the Canal Railroad. 

Sect. 2. Said additional shares shall be disposed of in Additional 
such manner as said company, at a lawful meeting of the dig^posedof. 
stockholders thereof duly notified shall determine, and shall 
be assessed as the directors shall deem expedient: but no 
portion of said stock shall be issued at less than one hun- 
dred dollars per share. 

Sect. 3. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, March 31, 1852.] 



46 



1852. Chap. 88—90. 



Chap. 88 ^" ^^' *° authorize John B. Parker and associates to build a Wharf. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

In the town of Sect. 1. John B. Parker, and his associates, are hereby 
West New- authorized to build and maintain a wharf extending one 
hundred and twenty-five feet from high-water mark, at 
Gravel Point, on Men'imack River, in the town of West 
Newbury, to be called the West Newbury wharf; 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 not interfere with the legal 
rights of any person. [Approved hy the Governor, March 
31, 1852.] 



bury. 



Right of 
wharfage, &c 

Proviso. 



Chan. 89 -^^ ^^^ ^° authorize the organization of the Serpentine Paint and Fire- 
^ Brick Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sam^e, as follows : 



Corporators. 



Purpose. 



Capital not 
less than 
5200,000 nor 
more than 
,^300,000. 

Takes effect. 



Sect. 1. Heman S. Lucas, E-euben R. Chapman, 
Charles Phelps, and their associates, are hereby authorized 
to organize a corporation by the name of the Serpentine 
Paint and Fire-Brick Company, for the purpose of manu- 
facturing paint and fire-brick, in the town of Chester, 
according to the provisions of " An Act concerning Joint- 
Stock Companies," passed in the year one thousand eight 
hundred and fifty-one, with a capital stock of not less than 
two hundred thousand dollars, nor more than three hundred 
thousand dollars, anything in said act to the contrary not- 
withstanding. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 1, 1852.] 



Chap. 90 



Provincetown. 



An Act to autliorize Jonathan H. Young to build a Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloivs : 

Jonathan H. Young is hereby authorized to build a 
wharf from his land, adjoining the harbor of Provincetown, 
and to extend said wharf into six feet of water at low tide, 
and to lay vessels at the end and sides thereof, and receive 
w^harfage and dockage therefor : provided, this grant shall 
not affect the legal rights of any person. [Approved by the 
Governor, April 3, 1852.] 



1852. Chap. 91—92. 41 

An Act to authorize the Boston Society of Natural History to amend its CJidv) Ql 

Constitution. "' 

Be it enacted hy the Senate and House of Repi^esenta- 
tives, in General Court assembled, and hy the autliority of 
the same, as follows : 

The Boston Society of Natural History is hereby author- ^lay amend 
ized and empowered to amend the eighth article of its con- on^dr^consti- 
stitution, by inserting after the word " members," in the tution. 
third line of the printed copy thereof, the following words : 
" present at any two consecutive meetings of the society, 
the members having been first duly notified of any proposed 
alteration." [Approved by the Governor, April 3, 1852.] 

An Act to regulate the Fishery in Palmer's River. Chat) 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 : 

Sect. 1. From and after the passage of this act no per- Fishing pro- 
son, except as is hereinafter provided, shall take shad or ^priu to"juiy 
alewives, with seines or in nets, in Palmer's River, in the i, except, &c. 
town of Rehoboth, in the county of Bristol, from the first 
day of April to the first of July in each year : provided, that Town of Reho- 
the inhabitants of Rehoboth may, at a legal meeting held pHv^nege^or^^ 
for that purpose, dispose at public auction of the privilege fishing at auc- 
of taking fish for that year, with scoop-nets and seines, *^°°' 
only in said river, for the time aforesaid, to such person or 
persons as may offer the highest price for the same, and Conditions, 
shall give sufficient security for the payment of the pur- 
chase money at such time and in such manner as the town 
shall direct. 

Sect. 2. The said town may sell said privilege in sec- Town may sell 
tions, or otherwise, as the town may determine, and the privilege in 

, 1 i' • • 1 • -1 ^ sections, or 

purchaser or purchasers of any privilege or privileges of otherwise, 
taking shad or alewives aforesaid, or those employed by 
him or them, may take any of said fish in said river, be- 
tween Swanzey line and the Orleans dam, with scoop-nets, Three nights 
three nights in the week, beginning on Wednesday at sun- each week with 
set and ending at sunrise on Saturday of each week ; and 
may also take said fish with not more than two seines to Not more than 
be used at the same time, and in the daytime only, three two semes, and 

I • 1 1 • • mi 1 "^ • m daytime, 

days in each week, beginning on Thursday morning at three days 
sunrise and ending on Saturday at sunset, in any part of ^^'^^ ^®^^" 
said river between Swanzey line and Miller's bridge (so 
called), on said river, in said Rehoboth : provided, hotvever. No shad, &c., 
that no shad or alewives shall be taken in any manner from ^"^^^ juiy'i. 
said river after the first day of July in each year. 



48 



1852. Chap. 92. 



Town choose 
fish-wardens, 



Their duties. 



Authorized to 
pass over 
lands, &c. 



Penalty for 
molesting war- 
dens, &c. 



Penalty for 
placing ob- 
structions in 
river, &c. 



Laws repealed. 



Takes effect. 



Sect. 3. The town of Rehoboth, at their annual meet- 
ing in March or April, may choose one or more suitable 
persons to serve as fish-wardens, who shall be sworn to the 
faithful discharge of their duties, and shall see this act 
enforced, and shall prosecute for all violations thereof; and 
it shall be the duty of the said fish wardens to prevent and 
remove all obstructions in the course of the stream to the 
passing up and down of the fish during the season from 
the first day of April to the first day of July in each year ; 
and the said wardens, or either of them, and also those 
who are lawfully employed in catching or buying the fish 
taken in said river, shall be authorized to go upon and pass 
over the lands of any person, through or by which said 
river runs, without being considered trespassers : provided, 
they shall so pass over and on said lands only at such 
times and places as the fish-wardens shall direct and pre- 
scribe, and only when such passing over and on said lands 
shall be necessary for the purpose of protecting said fishery 
and taking and selling the fish, and shall do no more dam- 
age to said lands than is indispensable for such proper use ; 
and any person who shall wilfully hinder or molest the said 
wardens, or any person authorized by them in the necessary 
clearing of said river, and in the necessary and proper use of 
the lands on said stream, for protecting said fishery and 
taking or selling the fish, shall forfeit and pay not exceed- 
ing twenty dollars for each offence, to be recovered in the 
manner provided in the fourth section of this act. 

Sect. 4. If any person, or persons, other than those who 
have purchased a privilege, or privileges, shall fish with 
seine or nets at any time, or in any place or manner, or 
shall set any nets or seine, wear, or other obstruction, in 
said river, or in any part thereof, with intent to take or 
destroy any shad or alewives, he shall forfeit and pay 
twenty dollars for each offence, to be recovered to the use 
of the county in which the offence was committed, or by 
action of debt ; one half to the use of the person complain- 
ing, and who shall give information that shall lead to the 
prosecution and conviction of any person guilty of a viola- 
tion of the provisions of this act, and the other half for the 
use of the town in which the oflence shall be committed. 

Sect. 5. All laws heretofore passed relating to the fish- 
ery and fishing in Palmer's River, within the limits of the 
town of Rehoboth, are hereby repealed. 

Sect. 6. This act shall take effect from and after its 
passage. [Approved by the Governor, April 3, 1852.] 



1852. Chap. 93. 49 

An Act to incorporate the Massachusetts College of Pharmacy. Chap. 93 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. Thomas Farrington, Joseph Burnett, George Corporators. 
S. Jones, and all such persons as arc now members of an 
association known as the " Massachusetts College of Phar- 
macy," or siiall hereafter become members of the same, are 
hereby constituted a corporation and body politic in law 
and in fact, to have continuance for twenty-five years, by 
the name of the " Massachusetts College of Pharmacy," for 
the purpose of cultivating, improving, and making known Purpose, 
the principles of pharmacy, its collateral branches of science, 
and the best modes of preparing medicines and their com- 

f)Ounds, and of giving instruction in the same by public 
ectures; and may hold real and personal estate to an May hold 520,- 
amount not exceeding twenty thousand dollars. <^oo. 

Sect. 2. The said college may establish by-laws and May establish 
rules for its government and regulation, and for the preser- ^y-iaws, &c. 
vation and application of the funds thereof, not repugnant 
to the constitution and laws of the United States or the 
Commonwealth of Massachusetts, and shall have power to 
erect an edifice for their accommodation, and to constitute a ^°^^r„*° "^f ' 
faculty or learned body, to consist of such head or heads, and constitute a 
such number of professors in chemistry, pharmacy, materia faculty, 
medica, and the collateral sciences, as they may judge 
necessary, and whenever they shall see fit, to remove them Power to re- 
or either of them, and to appoint others in their stead ; and ^^^^^ others " 
to do and perform all and singular, such acts as may be &c. &c. 
proper and necessary to the estabfishment of said college 
and faculty. 

Sect. 3. The officers of the college shall be a president, President, 
tAVo vice-presidents, recording secretary, corresponding sec- ^g'^^jP'^and 
retary, treasurer, and auditor, whose respective duties may other 'officers, 
be assigned by the by-laws, and who shall be elected either ^aUo^at^Mu- 
by printed or written ballots at the stated annual meeting ai meeting in 
on the first Monday in March of each year ; and any va- March. 
cancy may be filled by a special election by the members of Vacancies, 
said college. There shall also be elected at said annual ^""^ ^^'^^• 
meeting, eight trustees, whose duties may be designated by Eight trustees 
the by-laws, and who, with the other officers of the college, {q^ one\^eIrf 
shall serve one year, or until others are chosen to fill their and tiu others 
place. The officers of the college shall be ex officio mem- ^^ '=^'''''''- 
bers of the board of trustees, and said conjoint board, of Officers of tho 
wliich not less than five shall constitute a quorum, shall ^."^^ ^f^gt'ggsf'" 
conduct the ordinary affairs of the college. The said board 
may elect their own chairman and secretary, who shaff keep 



50 1852. Chap. 93—94. 

May make a record of their proceedings. They may make such rules 
tions' &c ^^^^ regulations, and do such other things necessary for the 
support and government of the college of pharmacy, as 
they may deem fit and proper, and perform such duties 
Acts to be sub- as are or may be from time to time committed to them by 
mitted to the gg^jj collcffe : their acts, however, to be submitted to the 

coil6S6 for rc" o / / ? 

Tision, &c. college for revision at each stated meeting of the college. 
Trustees may Sect. 4. The board of trustees shall have power to issue 
cates^^of'mem- certificates of membership, to adopt rules and regulations 
bership anddi- in the examination of candidates, and the granting of diplo- 
plomas, &c. j-jjg^g ^Q those who shall have attended two courses of lectures 
of the college, and have studied not less than four years with 
one or more respectable druggist or apothecary, or shall 
have undergone a satisfactory examination by the trustees 
and professors of the college. 
College may Sect. 5. The College may have the right to issue scrip, 
^tock^ execute ^^*^^^^' ^xccute bonds, mortgages, conveyances ; and to sell 
bonds', &c. its property, whether in real estate, books, productions of 
nature or art, under the common seal of said college and 
acknowledged by its president, or in any way dispose of its 
possessions so as to promote pharmaceutical education and 
the mutual advancement of its members, and the elevation 
of the art and business of the apothecary and pharma- 
ceutist in the community. 
Officers to hold Sect. 6. If the annual election for officers of the college 
are chosen^ and members of the board of trustees for any cause shall 
not be held on the day before-mentioned, the said corpora- 
tion shall not be thereby dissolved, but the officers and 
trustees shall continue in office until a new election. 
Corporation Sect. 7. The corporation hereby created, shaU be subject 

powers and du- ^Q the provisions and possess the general powers specified 
in reference to kindred and educational societies, in the Re- 
vised Statutes of the Commonwealth, and the legislature 
may inod^fy or "lay at any time modify, alter, or repeal this act. [Approved 
repeal. by the Govemor, April 3, 1852.] 

Chap. 94 An Act to establish the City 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 folloios : 

Inhabitants of Sect. 1. The inhabitants of the town of Springfield 
Springfield shall Continue to be a body politic and corporate, under the 

made a body . ^ ^^ ■ ,- i ^ i iini 

corporate as name of the city of Springfield, and, as sucli, shall liave, 

fi'^rin^eld excrcisc, and enjoy all the rights, immunities, powers, and 

privileges, and be subject to all the duties and obligations 

now incumbent upon, and appertaining to, said town as a 

municipal corporation. 



1852. Chap. 94. 51 

Sect. 2. The administration of the fiscal, prudential, Government 
and municipal atTairs of said city, and the government ^ayor debt 
thereof, shall be vested in one principal officer, to be styled aidennen, and 
the mayor ; one council of eight, to be called the board of mon^councQ™' 
aldermen : and one council of eighteen, to be called the men. 
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 Quorum, 
constitute a quorum for the transaction of business, and no 
member of either board shall receive any compensation for No compensa- 
liis services. All the powers now vested by law in the **°'*- 
town of Springfield, or in the inhabitants thereof, as a mu- i^°^heVimici^ 
nicipal corporation, shall be vested in the city council, and pal corpora- 
shall be exercised by concurrent vote, each board having a *^°°' 
negative on the other. 

Sect. 3. A board of five men shall be chosen by ballot Five men to be 
by the inhabitants of the town of Springfield, at the town {'oVatThemeet- 
meeting to be held for the purpose of voting upon the ing for accept- 
acceptance of this act, according to the provisions of the who''^ha\7'di- 
thirty-sL\th section of this act, an article being inserted in yide the town 
the warrant for said meeting for that purpose, and said ^arda!^^* 
board of five men thus chosen, as soon as may be after they 
are thus chosen, and after the acceptance of this act by the 
inhabitants, as hereinafter provided, shall divide said town 
into eight wards, in a convenient manner, so as best to ac- 
commodate the inhabitants of the several wards, to meet 
within the same for municipal purposes. And they shall shall appor- 
then apportion the members of the common council among ^^^ of ^com-"^ 
the several wards, by first assigning to each ward one mon council, 
member, and dividing the residue, as near as may be con- 
venient and equitable, according to the population of the 
several wards. The city council fijst chosen after this act City council 
shall take effect, and thereafter, once in five years, and not wards^once in^ 
oftcner, shall revise, and, if it be needful, alter said wards five years. 
in such manner as may be most convenient to the inhabi- 
tants, and shall re-apportion the members of the common 
council among the several wards, according to the principles 
herein prescribed for the original division and apportion- 
ment by the said board of five men. 

Sect. 4. On the first Monday of December, annually. Election of 
there shall be chosen by ballot, in each of said wards, a ^lerks^and in- 
warden, clerk, and three inspectors of elections, residents of specters on 
the wards in which they are chosen, who shall hold their oecember.^^''' 
otficcs for one year and until others have been chosen in 
their places, and qualified to act. The warden shall preside 
at all meetings, with the powers of moderator of town gj^" ^^ the 
meetings. And if the warden shall not be present, the clerk in his ab- 



62 1852. Chap. 94. 

gence until, clerk shall preside until a warden, 7>ro tempore, shall be 

**^* chosen by ballot. If, at any meeting, the clerk shall not be 

Clerk pro tern, present, a clerk, pro tempore, shall be chosen by ballot. The 

may ec osen. ^^^^^ shall record all the proceedings, and certify the votes 

given, and deliver over to his successor all such records and 

journals, together with all other documents and papers, held 

Duties of in- by him in said capacity. The inspectors of elections shall 

spec ors, assist the warden in receiving, assorting, and counting the 

Oaths of ward votes. And the warden, clerk, and inspectors shall respec- 

adminlstered. tively make oath faithfully and impartially to discharge 

their several duties relative to all elections, which oath may 

be administered by the clerk to the warden, and by the 

warden to the clerk and inspectors, or by any justice of the 

peace for the county of Hampden. A certificate that said 

oaths have been taken shall be entered upon the records of 

Warrants for the ward, by the clerk. All warrants for the meetings of 

issue'cT^server ^^^ citizens for municipal purposes, to be held either in 

&c. wards or in general meetings, shall be issued by the mayor 

and aldermen, and shall be in such form, and be served, 

executed, and returned in such manner, and at such times, 

as the city council may by any by-law direct. 

City officers, Sect. 5. The mayor and aldermen (not more than two 

how elected; aldermen being residents of any one ward), the city clerk, 

dent. city treasurer, and a school committee of eight persons (one 

of whom shall be taken from each ward), shall be elected at 

large, by the qualified voters of the city, voting in their 

respective wards. And the common councilmen shall be 

elected from and by each ward, being residents in the wards 

All chosen by in which they are elected. All of said officers shall be 

office^one y^ear'! c^oscn by ballot, and shall hold their offices for one year 

until, &c. ' from the first Monday in January ; and the mayor, city 

clerk, and city treasurer, until others shall be elected and 

qualified in their places. 

Election on Sect. 6. On the first Monday in December, annually, 

of^December. *'^^ qualified votcrs in each ward shall give in their votes 

for a ward clerk, warden, and inspectors, and for mayor, 

aldermen, and common councilmen, city clerk, city treasurer, 

and eight persons, at large, to be a school committ(>e. All 

Votes given, the votes SO given shall be assorted, counted, declared, and 

comUed^^&c°^ registered in open ward meeting, by causing the names of 

persons voted for, and the number of votes given for each, 

to be written in the ward records, in words, at length. 

Duty of ward The ward clerk, within twenty-four hours after such elec- 

fjingl ^&c.^^^^' *ion, shall deliver to the persons elected members of the 

common council, certificates of their elections, 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 

Proviso. records of such election, certified in like manner. Provided, 



1852. Chap. 94. 53 

that if the choice of common councilmcn, ward clerk, war- 
don, or inspectors, shall not be 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 Board of aider- 
conveniently may be, examine the copies of the records of ^turns^^'d* 
the several wards, certified as aforesaid, and shall cause the notify the 
person who may have been elected mayor to be notified, in mayor elect, 
writing, of his election ; but if it shall appear that no per- 
son has received a majority of the votes, or if the person 
elected shall refuse to accept the office, the board shall issue JreTrekct*^^' 
their warrants for a new election, and the same proceedings non-accept- 
shall be had as are hereinbefore provided for the choice of *°'^®' *°* 
mayor, and repeated, from time to time, until a mayor is 
chosen. If it shall appear that the whole number of alder- in regard to 
men have not been elected, the same proceedings shall be aldermen also, 
had as are hereinbefore prescribed for the choice of mayor. 
And each alderman shall be notified, in writing, of his elec- 
tion, by the mayor and aldermen for the time being. 

In case of the decease, resignation, or absence of the In case of de- 
mayor, or of physical inability to perform the duties of his t^rmayor' °^ 
office, the board of aldermen and the common council shall, may meet in 
respectively, by vote, declare that a vacancy exists, and the anTfiiWacan- 
cause thereof ; whereupon, the two boards shall meet in cy, &c. 
convention and elect a mayor for the time being, who shall 
serve until another is chosen, or until the occasion causing 
the vacancy is removed. The oaths prescribed by this act Oaths, howad- 
may be administered to the mayor by the city clerk or any ^mistered, 
justice of the peace for the county of Hampden. 

The aldermen and common councilmen elect shall, on the Provisions for 
first Monday of January, at 10 o'clock in the forenoon, tion°oT^he d'ty 
meet in convention, when the oath required by this act government, 
shall be administered to them by the mayor, or any justice 
of the peace for the county of Hampden, and a certificate 
setting forth that such oath has been taken, shall be entered 
on the jomnals of each board by their respective clerks. 
When it shall appear that no mayor has been elected pre- in case no 
vious to the first Monday in January, the mayor and alder- ™een°elected, 
men for the time being shall make a record of that fact, an &c. 
attested copy of which the city clerk shall read at the open- 
ing of the convention to be held as aforesaid. After the 
oath has been administered, the two boards shall separate, 
and the common council shall be organized by the choice 
of a president and clerk, to hold their offices during the 
pleasiu-e of the common council ; the clerk to be sworn to 
the faithful performance of the duties of his office. In case In case of ab- 
of th(! absence of the mayor elect on the first Monday on^rs^Monlay 
in January, the city government shall organize itself, as of January, 
hereinbefore provided, and may proceed to business in the 



54 1852. Chap. 94. 

same manner as if the mayor were present ; and, at any 

time thereafter, in convention of the two branches, the oath 

of office may be administered to the mayor, and to any 

member of the city council who may have been absent at 

Or at any the Organization. In the absence of the mayor at any 

meeting of the meeting, the board of aldermen may choose a presiding 

officer, pro tempore, who shall also preside at joint meetings 

Each board of the two boards. Each board shall keep a record of its 

keep records q^j^ proceedinafs, and iud^e of the elections of its own 

andbejudgeof ^ t e l- ■^ fix- • t 

its own eiec- members. In case oi lailure oi election, or m case oi a 
tions, &c. vacancy declared by either board, the mayor and aldermen 
how^fiUe^d^.' shall issue their warrants for a new election. 
Mayor to be Sect. 7. The mayor shall be the chief executive officer 

chief executive of Said city. He shall be vigilant and active in causing 
t^s*^^&c^^^ ^^' ^^^ laws, and all by-laws and ordinances of the city to be 
enforced, and keep a general supervision over the conduct 
Power of re- of all subordinate officers. And whenever, in his opinion, 
movai, &c. ^}^g public good requires it, he may, with the consent of 
the appointing power, remove from office any officer over 
May call spe- whose appointment he has the power of nomination. He 
ciai meetings, pnay q^ij special meetings of the boards of aldermen and 
common council, or either of them, when in his opinion 
the interests of the city require it, by causing notices to be 
left at the places of residence of the several members. He 
Shall coramu- shall commuuicate, from time to time, to both boards, such 
matioii^^'''^' information, and recommend such measures, as, in his 
opinion, the business and interests of the city may require. 
Shall preside, He shall preside in the board of aldermen, and in the con- 
vention of the two boards, but shall have only a casting 
Salary. votc. His Salary, for the first year in which this charter 

shall take effect, shall be four hundred dollars, and no 
more ; and it shall afterwards be fixed by the city council ; 
and it shall neither be increased nor diminished during the 
Proviso. year for which he is chosen : provided, that the city council 

may appoint the mayor, commissioner of highways, when 
in their opinion such an officer is necessary, and allow him 
a suitable compensation therefor. 
Powers vested Sect. 8. The executive power of said city generally, 
in mayor and and the administration of police, with all the powers here- 
ermen. tofore vested in the selectmen of Springfield, shall be vested 
in the mayor and aldermen, as fully as if the same were 
May appoint herein specially enumerated. The mayor and aldermen 
marsimh ^&c. ^hall have full and exclusive power to appoint a constable 
and assistants, or a city marshal and assistants, with the 
powers and duties of constables, and all other police offi- 
May require cers, and the same to remove at pleasm-e. They may re- 
bonds, quire any person appointed a marshal or constable of the 
city to give bonds, with such security as they may deem 



1852. Chap. 94. 55 

reasonable, before he enters upon the duties of his office ; 
upon which bonds the like procecdins^s and remedies may 
be had as upon constables' bonds taken by selectmen of 
towns. The mayor and aldermen shall have exclusive Exclusive 
power to grant licenses to inn-holders, victuallers, and re- power to grant 
tailers, as fully as the same powers are possessed by the '^®°^^^' *<^- 
mayor and aldermen of the city of Boston. 

The city council shall, annually, as soon after their or- Election of as- 
ganization as may be convenient, elect by joint ballot, in 1^11^1^'^°^' 
convention, three assessors, a collector of taxes, three per- seers of the 
sons to be overseers of the poor, and a chief engineer and as ^°°^' **'• 
many assistants not exceeding twelve as they may by vote 
determine, and fix their compensations, and the compensa- Compensa- 
tions of the city clerk, city treasurer, and school committee. 
They shall also, in such manner as they shall determine by Subordinate 
any by-law, appoint, or elect, all other subordinate officers a^p^oTnted°&c 
not herein otherwise directed for the ensuing year, and de- 
fine their duties and fix their compensations in cases where 
the same are not defined and fixed by the laws of the Com- 
monwealth. All sittings of the mayor and aldermen, and All sessions 
of the common council, shall be public, when they are not P"*^^^°- 
engaged in executive business. 

The city council shall take care that no moneys are paid No moneys 
from the treasury, unless granted or appropriated ; shall grant^d^^&c 
secure a just and proper accountability by requiring bonds, under proper 
with sutficient penalties and sureties, from all persons accountability, 
intrusted with the receipt, custody, or disbursement of 
money ; shall have the care and superintendence of the city Superintend- 
buildings, and the custody and management of all city huUdiii^s*"*^^'* 
property, with the power to let or to sell what may be 
legally sold, and to purchase property, real or personal, in 
the name and for the use of the city, whenever the interest 
or convenience of the inhabitants may, in their judgment, 
require it. And they shall, as often as once in a year, Accounts to be 
cause to be published, for the use of the inhabitants, a par- ^^aif^^*^ ^"^ 
ticular account of the receipts and expenditures, and a 
schedule of city property. 

Skct. 9. In all cases in which apj)ointments are directed Mayor nomi- 
to be made by the mayor and aldermen, the mayor shall men^confirm'. 
have the exclusive power of nomination, such nomination 
being subject to be confirmed or rejected by the board of 
aldermen. No person shall be eligible to any office of Aldermen and 
emolument, the salary of which is payable out of the city eZ^n"nd"gT- 
treasury, who, at the time of his election or appointment, bie. 
shall be a member of the board of aldermen, or of the com- 
mon council ; and no member of either board shall hold 
any other office under the city government. 



seers of the 
poor 



66 1852. Chap. 94. 

Vacancy of Sect. 10. Should there fail to be a choice of city clerk, 

treasured how ^^ °^ *^^*y treasurer, as herein provided ; or should a vacancy- 
filled, occur in either of said offices during the year, such vacancy 
City clerk to be shall be filled by the city council in convention. The city 
^^f^'^id*'^ ^°"*^ clerk shall be clerk of the board of aldermen, and shall be 
' sworn to the faithful performance of his duties. He shall 
His duties, &c. perform such duties as shall be prescribed by the board of 
aldermen ; and he shall perform all the duties, and exercise 
all the powers, by law incumbent upon, or vested in, the 
Shall be cho- town clerk of the town of Springfield. He shall be chosen 
vea/^and^un- ^^^ *^^^^ year and until another shall be chosen and qualified 
til, &c. in his place, and he shall deliver to his successor in office, 
as soon as he is qualified, all records, books, papers, docu- 
ments, or property held by him as city clerk. 
Board of over- Sect. ll. The persons chosen by the city council to be 
overseers of the poor shall, with the mayor, constitute the 
board of overseers of the poor, of which the mayor shall be 
Powers, da- chairman ; and they shall have all the powers, and be sub- 
ties, &c. jgQ^ iq ^i\ ^]^g duties, now by law appertaining to the over- 
seers of the poor for the town of Springfield. 
Powers and The persons chosen by the city council as assessors shall 
duties of as- constitute the board of assessors, and shall exercise the 

s6ssors * 

powers and be subject to the duties and fiabilities of as- 
Taxes.howas- sessors in towns. All taxes shall be assessed, apportioned, 
sessed, &c. g^j^^j collected in the manner prescribed by law relative to 
Proviso. town taxes : provided^ that the city council may establish 

further and additional provisions for the collection thereof. 
Vacancies in Should there fail to be a choice of members of the school 
tee°how fiUed' committee, as herein provided, or should a vacancy occur 
during the year, the vacancy or vacancies shall be filled by 
Duties of the city council in convention. The persons chosen as 
school com- school committee shall have the care and superintendence 
of the public schools, and shall have all the powers, and 
perform all the duties, of town school committees. 
School dis- The limits of the several school districts in the said town 

trkts abolish- ^^ Springfield shall be abolished, and the several disti'icts 
shall be united under one organization ; and the school 
Further duties committee, which shall be chosen according to the provi- 
mitT^°°^ '^°'^" ^^ons of the fifth section of this act, shall have the same 
rights and powers, and perform the same duties, which the 
several district prudential committees now have and exercise 
Proviso. in the said town of Springfield ; provided, that the inhabi- 

tants of the several school districts in said town, at any 
legal meeting of the qualified voters thereof, called for the 
purpose, shall, within ninety days from the acceptance of 
this act by the inhabitants of Springfield, as hereinafter 
provided, vote to dissolve their several district organizations 
and dispose of their school district property. 



1852. Chap. 94. 57 

If the said several school districts shall vote as hereinbe- in case school 
fore provided, to dissolve their several organizations and dlssoked^theix 
dispose of their district property, said districts shall there- duties, &c., 
after be dissolved, and their powers and privileges, and '^^^^^^ 
their duties and liabilities shall cease : provided, that the Proviso. 
said districts shall continue liable to pay all their existing 
debts and to perform all legal contracts. 

If the said districts shall by vote so elect, the city shall City to take 
take the property of said districts. '^ ^^ZT' 

If the said districts shall vote, as aforesaid, to dissolve Mayor to certi- 
their several organizations and dispose of their district pro- ^y^^ court of 
perty, the mayor of said city shall return to the court of com- the dissolution 
mon pleas, then next to be holden at said Springfield, after °^. school dis- 
the said votes have been passed, his certificate of the fact that 
the several school districts have so voted ; and the said court 
of common pleas, upon the filing of said certificate, shall Three commis- 

. ..it', ,1 • ■ J • J • f sioners to be 

appoint three disinterested commissioners, not citizens ot appointed on 
said city, who, after due notice to the said several districts *'^^ P,'^°P^'^*y 
and said city, shall proceed to award and determine upon the districts, 
what terms the property of said districts shall be surren- 
dered to said city, and in what manner the debts of the 
several districts shall be paid ; and said commissioners shall Commission- 

crs to ixiiikc rG~ 

return their said award to the court of common pleas next turns, &c. 
to be holden at Springfield after their appointment, and said 
award, after being accepted by the said court, shall be bind- 
ing on the said city and said several districts, and said ^o^ paid, 
commissioners shall be paid for their services by said city. 

If the several school districts shall not, within ninety days If districts are 
from the acceptance of this act by the said town of Spring- ^o^remafn^Is*^' 
field, vote, as above provided, to dissolve their several organi- they are till 
zations and dispose of their property, then the limits of the f^^^i ^c?^*^ 
several school districts in the said town of Springfield shall 
remain as they now are, until altered by the city council ; 
and the said school districts shall retain their present organi- Duties of pru- 
zation and all their district property ; and the said districts, ^^^^^^ *^°"^' 
and their several prudential committees, shall have the same 
rights and powers, and perform the same duties, which they 
now have and perform in the said town of Springfield. 

Sect. 12. The list of jurors shall be prepared by the List of jurors 
mayor and aldermen in the same manner as is required in ^^d 'aWennen'^ 
the ninety-fifth chapter of the Revised Statutes to be done and submitted 
by the selectmen within and for their respective towns ; and coundr*^^ 
tiie lists, when made out by the mayor and aldermen, shall 
be submitted to the common council for concurrent revision 
or amendment. 

The mayor and aldermen, and the city clerk, shall sever- Duties of may- 
ally have and exercise all the powers and duties, with regard °n/c*ity"derk 
to the drawing of jurors in the city and all other matters in regard to 
8 



58 1852. Chap. 94. 

drawing ju- relating to jurors therein, which are in the ninety-fifth chap- 

'""• ter of the Revised Statutes required to be performed by tiie 

selectmen and town clerks in their respective towns ; and 

all venires for jurors to be returned from Springfield, shall 

be served on the said mayor and aldermen. 

City council Sect. 13. All power, now by law invested in the board 

^^health!^^ of health in the town of Springfield, shall be transferred to 

and vested in the city council, to be carried into execution 

by the appointment of health commissioners, or in such 

manner as the city council may judge expedient. 

City council to Sect. 14. The city council shall have exclusive authority 

^^L^'^^if*^^!*^ and power to lay out, alter, or discontinue any street or 

Within the city ^ j ' * j 

and have con- Way, the termini of which are entirely within the city, and 
current power concun'cnt power with the county commissioners, to lay out 

with county ii-i -i • i • 11 

commission- any other highway in the city, and to estimate the damages 
^"' any person may sustain thereby ; but all questions relating 

to the laying out, accepting, altering, or discontinuing any 
street or way, shall first be acted upon by the mayor and 
Persons dissat- aldermen. Any person dissatisfied with the decision of the 
isfied may ap- ^jty council, ill the estimate of damages, may make com- 
plaint to the county commissioners of the county of Hamp- 
den, at any meeting holden within one year after such 
decision, whereupon the same proceedings shall be had as 
are now provided by law, in cases where persons are ag- 
grieved by the assessment of damages by selectmen, in the 
twenty-fourth chapter of the Revised Statutes. 
City council Sect. 15. The city council may cause suitable sidewalks 

sidewaikrtobe ^® ^^ made and repaired in such places as they may judge 
made and re- best ; and they shall assess the expenses thereof upon the 
paired. persons owning the lands or estates against which such 

sidewalks are so made or repaired, apportioning the same 
equitably, where there are two or more such adjacent own- 
May make crs. They may cause drains and common sewers to be laid 
dr^" *°*^ down through any streets or private lands, paying the 
owners of such lands such damages as they may sustain 
thereby, and may require all persons to pay a reasonable 
sum for the privilege of opening any drain into a public 
drain or common sewer ; and they may also require private 
drains to be conducted into a public drain or common sewer 
when they shall judge the same necessary for the health or 
Unpaid assess- cleanliness of the city. In default of payment of any as- 
taxes^*^*^**^*" sessment made in pursuance of the provisions of this sec- 
tion, in a reasonable time after notice thereof, the amount 
so unpaid may be added to the taxes of the party so defi- 
cient, and collected by the collector with other city taxes. 
Survey and in- The city council may make by-laws, with suitable penal- 
lumber'^ wood *^^^' ^*^^ ^^^ survey, inspection, admeasurement, and sale, of 
coal, &c. ' lumber, wood, coal, and bark, brought into the city for sale ; 



1852. Chap. 94. 69 

and all such other salutary and needful by-laws as towns 
may make and establish, and may annex penalties thereto, 
not exceeding twenty dollars for the breach thereof; which 
by-laws shall be in force from and after the time therein 
respectively limited, without the sanction of any court or 
other authority. All such by-laws, and all city ordinances, g-.j^^g ^^ ^^ 
shall be published in such newspaper as the city council published, 
shall direct ; and all by-laws now in force, in the town of Town by-laws 
Springfield, shall remain in force until they expire by their force^untill^ 
own limitation, or are revised or repealed by the city council. &c- 

Sect. 16. All fines, forfeitures, and penalties accruing Fines and pen- 
for the breach of any by-law of the city, or of any ordi- ^Jg^^J^Jf b_ 
nance of the city council, or of any of the orders of the laws, how pro - 
mayor and aldermen, shall be prosecuted for and recovered secutedandre- 
before the police court of the said city of Springfield, by 
complaint or information, in the name of the Common- 
wealth, in the same manner in which other criminal offences 
are now prosecuted before the justices of the peace within 
this Commonwealth, reserving, in all cases, to the party 
complained of and prosecuted, the right of appeal to the Right of ap- 
court of common pleas for the trial of criminal causes, then ^ommon°pieas! 
next to be holden in the county of Hampden, from such 
judgment and sentence of the police court. Such appeal 
shall be allowed on the same terms, and the proceedings be 
conducted therein in the same manner, as is provided in the 
one hundred and thirty-eighth chapter of the Revised Stat- 
utes. In all such prosecutions it shall be sufficient to set Complaint, 
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. When 
such complaint is made by any person not an officer of the Recognizances 
city, no warrant shall issue thereon until the complainant ^""^ ^°'*®* **^* 
shall recognize, with sufficient surety, to the satisfaction of 
the justice of said police court, conditioned to pay all the costs 
of such prosecution in case the person complained of shall 
not be convicted thereon. And in case of default of such Defaults of re- 
recognizance, the same may be enforced, and the same pro- how^rose-^* 
ceedings had thereon, as in case of a recognizance to prose- cuted. 
cute an appeal from the judgment of such justice. All 
fines, forfeitures, and penalties, and all costs, so recovered Fines paid to 
and paid, shall be paid to the treastirer of said city, and " ^ reasurer. 
shall eimre to such uses as the city council shall direct. 

When any person, upon conviction before the police Persons ne- 

/',,.'', r • 1 -J. r electing to pay 

court for a breach of any by-law of said city, or any orai- fines, how pun- 
nance of the city council, or any order of the mayor and ished. 
aldermen, shall be sentenced to pay a fine, penalty, or for- 
feiture, and shall refuse or neglect to pay the same, or, upon 
claiming an appeal shall fail to recognize according to law, 



60 1852. Chap. 94. 

he shall be committed to prison, there to remain until he 

shall pay such fine, penalty, and forfeitm*c and costs, or be 

This section otherwise discharged according to law. And the provi- 

townljY-laws!*' ^io^s of this scction shall also apply to all prosecutions, 

founded upon the by-laws or ordinances of the town of 

Springfield, which may continue in force after this act shall 

go into operation. 

City council Sect. 17. The city council shall, annually, in the month 

number o^ rep- ^^ October, meet in convention and determine the number 

resentatives, of representatives to be elected by the city to the General 

*^" Court, in such year, which shall be conclusive. And the 

number thus determined shall be specified in the warrants 

calling meetings for the election of representatives. 

Election of Sect. 18. All elections for county. State, and United 

county, state, gtates officers who are voted for by the people, shall be 

officers provid- held at meetings of the citizens qualified to vote in such 

ed for. elections, in their respective wards, at the times fixed by 

law for these elections respectively : and at such meetings 

all the votes given for said several oiticers, respectively, 

shall be assorted, counted, declared, and registered in open 

ward meeting, by causing the names of all persons voted 

for, and the number of votes given for each, to be written 

in the ward record, in words, at length. The ward clerk 

Duty of ward shall forthwith deliver to the city clerk a certified copy of 

clerks, of city |}-^g record of such elections : the city clerk shall forthwith 

clerk, of mayor ' i i i 

and aldermen, record such returns ; and the mayor and aldermen shall, 
within two days after every such election, examine and 
Returns, how Compare all such returns, and make out a certificate of the 
made. result of such elections, to be signed by the mayor and a 

majority of the aldermen, and by the city clerk, which shall 
be transmitted or delivered in the same manner as similar 
returns are by law directed to be made by selectmen of 
New elections towns. And in all elections for representatives to the 
cies. ^^'^^^' General Court, in case the whole number proposed to be 
elected shall not be chosen by a majority of the votes 
legally returned, the mayor and aldermen shall forthwith 
issue their warrants for a new election, conformably to the 
provisions of the constitution and the laws of the Common- 
wealth. 
Lists of voters. Sect. 19. Prior to every election, the mayor and alder- 
men shall make out lists of all the citizens of each ward, 
qualified to vote in such elections, in the manner in which 
selectmen of towns are required to make out lists of voters; 
and, for that purpose, they shall have full access to the as- 
sessors' books and lists, and be entitled to the assistance of 
Uvefred^to^war^d ^^^ asscssors and other city olficers. They shall deliver the 
clerks. lists, SO prepared and corrected, to the clerks of the several 

Proviso, in re- wards, to be used at such elections : provided, that any 



1852. Chap. 94. 61 

person whose name shall not. be borne on the list of the gard to names 
ward in which he is entitled to vote, when it shall be placed °™i"ed. 
in the hands of the cleric of said ward, shall have the riwht 
to have his name entered thereon, at any time thereafter 
before the closing of the polls, upon presenting to the ward 
officers a certificate signed by the mayor or city clerk, by 
order of the board of aldermen, setting forth his right to 
have his name thus entered. 

Sect. 20. General meetings of the citizens qualified to General meet- 
vote may, from time to time, be held, to consult upon the 'J^^ p^" miuest 
})ublic good, to instruct their representatives, and to take of thirty vo- 
all lawful means 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 shall be 
duly warned by the mayor and aldermen, upon the request, 
in writing, setting forth the purposes thereof, of thirty quali- 
fied voters. 

Sect. 21. A fire department is hereby established in Fire depart- 
said citv, with all the powers and privileges, and subject to vg^e^^*^*''' 
all the duties and liabilities, 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, and the city council shall possess 
all the powers, and perform all the duties imposed and 
conferred by said act upon the selectmen of towns. The 
inhabitants of anv fire district, organized according to law Present fire 
in the town of Springfield, at any legal meeting of the Jl^'o^^^e' ^nd 
([ualified voters thereof, called for the purpose, may vote to dispose 'of ap- 
dissolve their said fire district, and to annul the organization P'^'^^'^"^- 
thereof, and may dispose of the fire apparatus and other 
property of the district, and appropriate the proceeds thereof 
in such manner as they judge best, and thereafter such fire 
district shall be dissolved, and their powers and privileges, 
and their duties and liabilities, shall cease : provided, that Proviso. 
the said districts shall continue liable to pay all their exist- 
ing debts and to perform all legal contracts. If the said If districts 
districts shall by vote so elect, the city shall purchase the gjf^'^^pu^ci^"^ 
fire apparatus and other property of such district, at a fair their fire appa- 
valuation, not exceeding the amount paid by the district ^l^^^x^ and de- 
therefor, exclusive of anything paid by the town of Spring- duct excess 
tield towards the same, and shall pay the debts and liabili- /g"™ " ^ 
ties of the district, so far as the amount of such valuation 
may ])e sufficient therefor. And if the amount of the valua- 
tion exceeds the amount of the debts and liabilities of the 
district, such excess shall be aUowed upon and deducted 
from the city taxes, then next assessed upon the inhabitants 
of such fire district, in the proportions severally assessed 
upon them in the tax lists by the assessors. 



62 1852. Chap. 94. 

A police court Sect. 22. A police court is hereby established in said 
established, city, to consist of oiie learned, able, and discreet person, to 
be appointed and commissioned by the governor, pursu- 
ant to the constitution, to take cognizance of all crimes, 
offences, and misdemeanors committed within said city, 
whereof justices of the peace now have, or may hereafter 
Its powers, du- have jurisdiction. And the court hereby established shall 
ties, &c. jj(.ar and determine all suits, complaints, and prosecutions, 

in like manner as is by law^ provided for the exercise of the 
powers and authority which are, or may be, vested in jus- 
tices of the peace, and shall do all acts necessary to and 
consistent with such powers and authority. And the said 
Itsjurisdic- police court shall also have original jurisdiction and cogni- 
tion, &c. zance 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 exclu- 
sive 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 re- 
turnable before any justice within said city of Springfield, 
Appeals, &c. 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 ; 
Justices not to and the justices of said police court shall not be of counsel 
be counsel, &c. or attorney to any party in any matter or thing whatever 
which may be pending in said court, or w^hich shall have 
been previously determined before himself. 
Warrants, how Sect. 23. All Warrants issued by said court shall be 
returnable, &c. made returnable and shall be returned before said court ; 
and no warrant shall be issued by any justice of the peace 
within the county of Hampden, except by the standing 
justice or one of the special justices of said court, for any 
crime or offence committed within said city of Springfield. 
Fines, &c., Sect. 24. All fines and forfeitures, and all fees in crimi- 
^''d "^^T^^"^ nal cases, now allowed by law to justices of the peace, 
which shall be received by, or paid into the hands of, the 
justice of said court, shall be by him accounted for and 
Other costs, paid over to the treasurer of said city ; and all other costs 
how accounted jj^ criminal prosecutions, which shall be paid to the justice 
over, &c. 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 prosecu- 
tions, 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, forfeitures, and costs are not paid 



1852. Chap. 94. 63 

to the justice of said court, but are by him taxed and certi- 
fied, and are allowed, in the manner now prescribed by law, 
and such fines and costs are subsequently paid to the trea- 
surer of the county of Hampden, the justices fees so taxed 
and paid shall accrue to the county aforesaid ; and in aU 
cases, where said justice's fees are so taxed and certified by 
the justice of said court, and are allowed, but are not sub- 
sequently 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 whatsoever. 

Sect. 25. A court shall be held by said justice, at some Time and place 
suitable and convenient place to be provided at the expense °o,^t^^*^*°^ *^® 
of said city, on t^vo 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 mis- Purpose, 
demeanors, 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 Justice may 
all necessary rules for the orderly and uniform conducting |«^ablishru es, 
of the business thereof. Complaints may be received and 
warrants issued by him at all reasonable times when said 
court is not in session. 

Sect. 26. The justice of said court shall receive from Salary g700, 
the treasury of said city, an annual salary of seven hundred ^"^3 ^"^^^'^ 
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. 27. The justice of said court shall keep a fair Records, re- 
record of all proceedings in said court, and shall make re- coun^ts prov!d- 
turn to .the several courts of all legal processes, and of his ed for. 
doings therein, in the same manner as justices of the peace 
are now by law required to do ; and he shall also, annually, 
in tiie month of January, exhibit to the mayor and alder- 
men of said city, a true and faithful account of aU moneys 
received by him. 

Sect. 28. All suits, actions, and prosecutions which Pending ac- 
shall be instituted and pending before any justice of the *'°'^*' 
peace within the town of Springfield, when this act shall 
take effectj^shall be heard and determined as though this 
act had not been passed. 

Sect. 29. There shall be appointed by the governor, by Special jus- 
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 



64 1852. Chap. 94. 

suit or prosecution cognizable in said court, or shall, from 
any cause, be unable to hold said court, or discharge any 
Their duties, of the duties required of him by this act, the said special 
powers, &c. justices shall have power to issue the processes of said 
court, and to hear and determine any matter or cause pend- 
ing therein, the said cause being- assigned on the record by 
the standing or special justice ; and such special justice 
How paid. shall be paid, for services so rendered, by the standing jus- 
tice, out of his salary, such sums as justices of the peace are 
paid for like services. 
Governor may Sect. 30. The governor shall have power, by and with 
appoint said ^^le advice and consent of the council, to appoint said jus- 
time, &c. tice and special justices, at any time after the passing of 

this act. 
Duties of the Sect. 31. For the purpose of organizing the system of 
selectmen in government hereby established, and putting the same into 
city govern- operation in the first instance, the selectmen of the town 
ment. ^f Springfield, during the months of April or May of the 

present year, shall, seven days before the day of meeting, 
Shall issue issue their warrants for calling meetings of the citizens in 
warrants, &c. their Several wards, at such place and hour as they may 
deem expedient, for the purpose of choosing a warden, 
clerk, and inspectors of each ward, and all other officers 
whose election is provided for in the preceding sections of 
Appoint ward this act : and they shall appoint a clerk pro tempore of each 
clerks i^ro tern. ^^^.^^ -^}^q ghall call the meeting to order and preside until 
a warden is chosen. The transcripts of the records of each 
Returns, how Ward, specifying the votes given for the several officers, 
made, &c. certified by the warden and clerk, and by a majority of the 
inspectors of such ward, at such first meeting, shall be re- 
turned to the selectmen, who shall examine and compare the 
same ; and in case such elections should not be completed 
at the first meeting, they shall issue warrants for a new 
meeting until said elections shall be completed. They 
Shall notify shall give noticc of such elections, in the manner hereinbe- 
persons elect- fore directed, to the several persons elected. At said first 
meeting, a list of voters in each ward, prepared and cor- 
rected by the selectmen for the time being, shall be de- 
livered to the clerk pro tempore of each ward, to be used as 
before directed. The selectmen shall appoint such time for 
First meeting ^^c ^r^^' meeting of the city council, as they judge proper, 
of city council, after the choice of said city officers, or of a majority of the 
members of both branches of the city council, not later 
than the first Monday in June next, and shall appoint the 
place and hour of said first meeting. A ^^Titten notice 
thereof shall be sent, by the selectmen, to the place of abode 
How notified, of each of the city olRcers so chosen; and notice of the 
day, hour, and place of said meeting shall be pubUshed in 
one or more newspapers printed in said town. 



1852. Chap. 94. 65 

After the first organization of the city council, the meet- Annual eiec- 
ings for the annual elections and for the organization of j^'°]^®' ^^^^ 
the city council, t^hall be as provided in the sLxth section of 
this act. 

The city council, immediately after the first organiza- City council 
tion, shall elect all necessary city officers, who shall hold necessary* q^. 
their offices respectively until others are chosen and qualified, cers, &c. 

At the meetings to be called, as prescribed in this section, County offi- 
for the choice of ward and city officers, the qualified voters ch(«en°&c. 
shall also give in their votes for county officers, which votes 
shall be recorded, certified, and returned in the manner pro- 
vided in the seventeenth section of this act. 

Sect. 82. The annual town meeting for the town of Annual town 
Springfield, which, by law, is to be holden in March or J^^^if ''''" 
April, is hereby suspended, and all town officers now in 
office shall hold their places until this act shall take effect Present offi- 
and their successors are chosen and qualified. And in case *^^^® ° °''^^' 
this charter shall not be accepted as hereinafter provided. Provision in 
the selectmen shall issue their warrant, according to law, ^*^® *^^. ^^^^' 

' ~. . ' ter IS not ac- 

for holding the annual town meeting of the inhabitants, in cepted. 
which all the proceedings shall be the same as if this act 
had not been passed. 

Sect. 33. All officers of the town of Springfield having Town papers 
the care and custody of any of the records, papers, or pro- deUvwedTv^r, 
perty belonging to the town, shall deliver the same to the &c. 
city clerk within one week after his entering upon the 
duties of his office. 

Sect. 34. All acts, and parts of acts, inconsistent with Acts repealed, 
the provisions of this act, are hereby repealed. 

Sect. 35. Nothing in this act contained shall be so con- Legislature 
strued as to prevent the Legislature from altering or "^^^ *°^®^'^' 
amending the same when they shall deem it expedient. 

Sect. 36. This act shall be void, unless the inhabitants Act void un- 
of the town of Springfield, at a legal town meeting called wfthfn "twenty 
for the purpose, shall, by a vote of a majority of the voters days, &c. 
present, and voting thereon by a written ballot, determine 
to adopt the same within twenty days from and after its 
passage ; at which meeting the polls shall be kept open not 
less than six hours ; and the presiding officer, in receiving 
said ballots, shall use the check-lists in the same manner as 
they are used in elections of state officers. 

Sect. 37^fcThis act shall go into operation from and after Takes effect, 
its p'dssag^M [Approved by the Governor, April 12, 1852.] 



66 



1852.- 



-Chap. 95—96. 



Chap. 95 -^^ ^^^ *° authorize Warren Dockham 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 : 

Warren Dockham and others, proprietors of land and 
flats in Newbmyport, bounded southerly by Merrimack 
street, westerly by land of E. M. Reed and Benjamin 
Choate, and easterly by land and flats of Michael Pearson, 
are hereby authorized to build and maintain a wharf from 
their said premises into Merrimack River, and to extend the 
same one thousand and seventy feet from the line of said 
Merrimack street, and to lay vessels at the end and sides of 
said wharf and to receive wharfage and dockage therefor : 
provided, so much of said wharf as shall be constructed 
below a line seven hundred and twenty feet from the line of 
said Merrimack street, shall be built on piles, which piles 
shall not be nearer to each other than sLx feet in the direction 
of the stream and eight feet in a transverse direction ; and 
provided, alsoj that this act shall not impair the legal rights 
of any person. [Approved by the Governor, April 12, 1852.] 



In Newbury- 
port. 



Location of 
•wharf. 



Hight of 
■wharfage, &c. 
Proviso. 



Proviso. 



Chap. 96 -^^ ^^^ ^0 amend the charter of the Howard Benevolent Society, in the 

City of Boston. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 



Trustees in- 
Tested with 
certain powers 
and privileges. 



May hold 
^12,000. 

Previous pro- 
visions re- 
pealed. 



Takes effect 
when accept- 
ed. 



Sect. 1. The act passed on the sixteenth day of Feb- 
ruary, in the year one thousand eight hundred and eighteen, 
entitled An Act to incorporate the Howard Benevolent 
Society, is hereby so far amended as to invest the said 
corporation with all the powers and privileges, and subject 
them to all the duties, liabilities, and resti-ictions, set forth 
in the forty -fourth chapter of the Revised Statutes ; with 
power for the purposes of said corporation, to take and hold 
real and personal property, the entire annual income of 
which shall not exceed twelve thousand dollars. 

Sect. 2. All the provisions of the act to which this is 
an amendment, inconsistent with this act, are hereby re- 
pealed, and all the doings under the former act are hereby 
confirmed. ^^ 

Sect. 3. This act shall take effect from ^Q after the 
same shall have been accepted by said corporation at a 
meeting to be called for that purpose. \Approvcd by the 
Governor, April 12, 1852.] 



1852. Chap. 97—99. 67 

An Act to authorize Josiah Hardy, Jr., to build a Wharf. Chap. 97 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Josiah Hardy, Jr., is hereby authorized to build and main- in the town of 
tain a wharf, from land owned by him, in the town of * ^^' 
Chatham, in the county of Barnstable, extending from the 
shore into Chatham harbor, to a distance at which there 
shall be sLx feet of water at low tide ; and he shall have the Right of 
right to lay vessels at the end and sides of the said wharf, wharfage, &c. 
and to receive wharfage and dockage therefor; provided, Proviso. 
that the same shall not obstruct the safe anchorage of ves- 
sels in the harbor; and shall not interfere with the legal 
rights of any person. [Ajfproved by the Governor, April 13, 
1852.] 

An Act to incorporate the Hampden Savings Bank. Chcip. 98 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Albert Morgan, Chester W. Chapin, Samuel S. Day, Corporators, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Hampden Savings Bank, to be 
established in the town of Springfield, and located within In the town of 
tw'enty-five rods of the present passenger depot of the ^"^^ 
Western railroad in that town, with all the powers and 
privileges, and subject to all the duties, liabilities, and re- Duties, liabili- 
strictions, set forth in the thirty-sixth chapter of the Revised *^^^' °' 
Statutes, and in all other laws of this Commonwealth rela- 
ting to institutions for savings. [Approved by the Governor, 
April 13, 1852.] 

An Act to authorize John P. Ober to extend his Wharf. Chap. 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 : 

John P. Ober, of Boston, is hereby authorized to extend In the town of 
his wharf in the town of Chelsea, to the line established by ^^^1^^^- 
" An Act J^ preserve that part of the harbor of Boston, 
called ChJ^a Creek, and to prevent encroachments therein," 
passed in the year one thousand eight hundred and forty- 
nine, and he shall have the right to lay vessels at the end 
and sides of said wharf, and receive wharfage and dockage Y^^^^^^% 
therefor : provided, however, that this grant shall not be p^^^^' 
construed to extend to any flats or land of this Common- 



68 1852. Chap. 99—101. 

wealth, lying in front of the flats of any other person, or 
which would be comprehended by the true lines of such 
Proviso. flats continued to the said commissioners' hne : 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 nowdse impair the legal rights of 
any person. [Approved by the Governor, April 13, 1852.] 

Chat). 100 -^^ ^^^ ^^ incorporate the Globe Mutual Marine Insurance Company. 

Be it e72acted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Dennis Condry, Benjamin Seaver, I. W. Pierce, their 
associates and successors, are hereby made a corporation, 
by the name of the Globe Mutual Alarine Instu^nce Com- 
pany, in the city of Boston, for the term of t^'^enty years, for 

Purpose. the purpose of making maritime loans and insurance against 

maritime losses, on the principles of mutual insurance, and 
for this ptupose they shall have all the powers and privi- 

Duties, restric- leges, and be subject to all the duties, restrictions, and 

tions, kc liabilities, set forth in an act concerning insurance companies, 
passed in the year one thousand eight hundred and forty- 
two, and in an act concerning mutual marine insurance 
companies, passed in the year one thousand eight hundred 
and fifty-one. [Approved by the Governor, April 13, 1852.] 

Chat). 101 -^ ^^^ ^° authorize Darius Perry 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 : 

Ib Dighton. Darius Perry is hereby authorized to extend his wharf in 
Dighton, tv\'ent)--two feet into Taunton Great River ; jno- 
Prociso. vided, that the said wharf shall not extend into the harbor 

or channel, so as to impede the navigation of said river, and 
Rights of he shall have the right to lay vessels at the said wharf, and 
wharfage, &c. to receive dockage and wharfage therefor ; provided, that 
ProtUo. this act shall in nowise aflect the legal righ\|^of any per- 



son. [Approved by the Governor, April 13, l^B] 



iti^oJ 

#1 



1852. Chap. 102—103. 69 

An Act to incorporate the Winchester Gas-Light Company. Chap. 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 : 

Sect. 1. Charles INIcIntire, Benjamin Abrahams, Aaron Corporators. 
D. Weld, their associates and successors, are hereby made a 
corporation by the name of the Winchester Gas-Light 
Company, for the pm-pose of making and selling gas, in the 
town of Winchester, with all the powers and privileges, and Powers and 
subject to all the duties, restrictions, and liabilities, set forth ^"" ^^^^' 
in the thirty-eighth and forty-fourth chapters of the Revised ^th and 44th 
Statutes. 

Sect. 2. Said corporation may hold such real and per- May hold real 
sonal estate as may be necessary and convenient for the ^^^F^^r^S^^ 

r ■ T - , 1 • *• 1 , ere esute Sc>0,000. 

purpose aforesaid, not exceeding in value the sum oi mty 
thousand dollars. 

Sect. 3. No shares in the capital stock of said company No shares is- 
shall be issued for a less sum or amount, to be actually paid V^^^ ^°^ ^^^ ^ 
in on each, than the par value of the shares which shall be 
first issued. 

Sect. 4. Said corporation, wdth the consent of the se- Power granted 
lectmen of the town of Winchester, shall have power and pa^^^ipes Jid 
authority to open the ground in any part of the streets, conductors, 
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 
company, after opening the ground in said streets, lanes, and 
highways, shall be held to put the same again in repair, 
under the penalty of being prosecuted for a nuisance : pro- Selectmen 
vided, that said selectmen, for the time beins:, shall at all "^^^ ^^^^**' 

' ' , . ^'. , , control, (SO. 

times have the power to regulate, restrict, and control the 
acts and doings of said company, which may in any man- 
ner affect the health, safety, and convenience of the inhabi- 
tants of said town. 

Sect. 5. This act shall take effect from and after its 
passage. [Apjprovcd by the Governor, April 13, 1S52.] 

An Act to incorporate the South Boston Gas-Light Company. Chap. 103 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, ^follows : 

Sect. 1. William T. Andrews, T. B. Wales, Jr., Francis Names. 
Alger, J. N. Moore, and John H. Blake, their associates and 
successors, are hereby made a corporation by the name of 
the South Boston Gas-Light Company, for the purpose of 
manufacturing and selling gas in the city of Boston ; with 



70 1852. Chap. 103—104. 

Powers and all the powers and privileges, and subject to all the duties, 
privUeges. restrictions, and liabilities, set forth in the thirty-eighth and 

forty-fourth chapters of the Revised Statutes. 
May hold real Sect. 2. Said corporation may, for the purpose afore- 



nnff*\'^?""'" said, hold real estate not exceedino; in value three hundred 

000, whole cap- ' i i n i , ^ ^ • i 

itai, 5500,000. thousand dollars, and the whole capital stock shall not ex- 
ceed five hundred thousand dollars. 
May, by con- Sect. 3. Said corporation, with the consent of the 
and* aldermen '^^yo^" ^^^'^ aldermen of the city of Boston, shall have power 
sink and repair and authority to Open the ground in any part of the streets, 
ducTors'^ nut'^ lanes, and highways in the said city, for the purpose of 
again in'repair, sinking and repairing such pipes and conductors as it may 
*"• be necessary to sink for the purpose aforesaid; and the 

said corporation, after opening the ground in such streets, 
lanes, or highways, shall be held to put the same again into 
repair, under the penalty of being prosecuted for a nuisance : 
provided, that the said mayor and aldermen, for the time 
being, shall at all times have the power to regulate, restrict, 
and control the acts and doings of the said corporation 
which may in any manner affect the health, safety, or con- 
venience of the inhabitants of said city. 
No shares to Sect. 4. No shares in the capital stock of the said corpo- 
be issued for ration shall be issued for a less sum or amount, to be actu- 
par value. ally paid in on each, than the par value of the shares which 

shall be first issued. 
Takes effect. Sect. 5. This act shall take effect from and after its 
passage. [App?-oved by the Governor, April 13, 1852.] 

Chan 104 ^^ ^^^ concerning the Militia. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Pay of certain Sect. 1. Every general, field and commissioned staff" 
officers $5 per officer, shall receive for each day's duty in camp, the sum 
duty.""^ '^ of five dollars in the manner prescribed by law. 
Majority pres- Sect. 2. Ill all meetings of electors for the purpose of 
ent may dect choosiuff a brisfadicr- general, or a field officer of a resriment 

certain otii- o_ o o J o 

cers. or battalion, a majority of the electors present at a meeting 

duly notified and held for such purpose, may elect those 

officers. 

;^2perday, Sect. 3. Whenever an officer is ordered^o attend a 

and four cents meeting, for the election of an officer or officers, either as 

per mile tor • , ^ , 

certain officers presiding or recording officer, to be held without the limits 
^^ t ^7 1°"^^ °^ ^^^ town or city in which he resides, he shall receive two 

dollars per day for the performance of such duty, and ten 

cents per mile for travel. 



1852. Chap. 104. 71 

Srct. 4. Whenever a detachment is ordered on special 52 per day, 
duty by the commander-in-chief, each member thereof shall pe^jn^^Jfor'^*^ 
receive two dollars per day while in the performance of such members on 
duty, and four cents per mile for travel. ^p^"^^ ^^^J'- 

Skct. 5. Each company of the volunteer militia may 64 privates to 

• , r ' , r !• j^ £c • each volunteer 

consist 01 sixty-tour men, exclusive 01 orncers, non-commis- miutia compa- 
sioned officers, and four musicians. ny. 

Sect. 6. The fines and penalties prescribed in the ninety- Fines and pen- 
eighth and ninety-ninth sections of the twelfth chapter of fn'^certaL*^^ ^ 
the Revised Statutes for neglect of military duty and for cases, 
deficiencies, except the fine for May inspection, which shall 
be three dollars instead of four, and for the deficiency of 
two spare flints, a priming-wire, and brush, shall be deemed 
to apply to the duties prescribed in the act entitled " An 
Act concerning the Militia," passed in the year one thou- 
sand eight hundred and forty-nine. 

Sect. 7. The proviso in the fourth section of the act Proviso in the 
entitled " An Act concerning the Militia," passed in the year a*former actf 
one thousand eight hundred and forty-nine, is hereby re- repealed, 
pealed. 

Sect. 8. The fifth section of the act cited in the pre- f J^/^^J^°J^ "^ 
ceding section of this act is hereby repealed. pealed. 

Sect. 9. At all encampments provided for by the act At all encamp- 
last cited, the troops so encamped shall be thoroughly exer- ^^JJdsSac- 
cised, partly under the command of the company officers, cording to u. 
and partly in battalions or brigades, in the whole routine of ^" ^^'^^^' 
camp and field duty, according to the system of tactics 
which may be prescribed by the laws of the United States. 
Upon the first day of duty in such encampments the troops dayf reviewed 
sliall be inspected, and reviewed on the last day. last day. 

Sect. 10. At all such encampments the battery shall Two guns a 
consist of not more than two guns. en" mpmeSl 

Sect. 11. It shall be the duty of the mayors and alder- Armories to be 
men of cities, and the selectmen of towns, to provide the provided for 

, .,., ' . • 1 1 • 1 military com- 

several military companies now organized, or wliicn may panies in cer- 
be hereafter duly organized in thek respective cities and tain cases. 
towns, under the laws of this Commonwealth, with suitable 
armories or places of deposit for the safe keeping of their 
arms and equipments furnished to such companies by the 
State : provided, that upon the organization of any new 
company in a city or town where one or more companies 
are now, oiu shall be then in existence, the authorities of 
such city or Town shall not be required to furnish an armory 
for such new company, unless the same shall have been 
organized by and with the consent or approval of a majority 
of the board of mayor and aldermen of such city, or of the 
selectmen of such town. 



72 1852. Chap. 104—105. 

Inconsistent Sect. 12. All acts or parts of acts inconsistent with the 
acts repealed. pi-Qvisions of this act, are hereby repealed. 
Takes effect. Sect. 13. This act shall take effect from and after its 
passage. [Approved by the Governor, April 15, 1852.] 

Chan 105 ■^^ ^''^^ ^ authorize the City of Charlestown and others to fill up certain 
-t ' Flats in Mystic 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 : 

City of Sect. 1. The city of Charlestown, and such others, pro- 

Chariestown prietors of land and flats situated in Charlestown, bounding 
tors may fill up on the southerly side of Mystic River, between Johnson's 
certain flats, -^vharf and Chelsea bridge, as shall vote to accept this act at 

on 06rt£iin con." o / x 

ditions speci- a meeting called for that purpose, are hereby authorized to 
^^^- enclose by a good and sufficient sea-waU, and to fill up a 

portion of the flats lying between the north or main channel 
and the south channel in said river, and bounded by the 
following described lines, namely: — beginning at the east- 
erly angle of Tuft's mill-pond, and running southeasterly in a 
straight line to a point in the northwesterly side of Chelsea 
bridge, seven hundred feet northerly from the northerly side 
of the south draw in said bridge ; thence to the channel in 
a curve of one thousand feet radius, which, being continued, 
would pass through a point two hundred feet west of the 
most easterly angle in the northerly timber dock in the 
navy yard of the United States ; thence in a straight line to 
a point on the northerly side of the south channel, in the 
line of the northwesterly side of Elm street, produced north- 
easterly, and five hundred feet from the northeasterly side 
of Medford street : provided, that before any structure hereby 
authorized shaU be commenced, the regulation and control 
of all flats, the property of individuals and corporations, 
lying between said north channel and the first described 
line, and two hundred feet distant therefrom, shall be sur- 
rendered to the Commonwealth. 
South channel Sect. 2. Said proprietors shall be required to keep open 
as descnbed^'^ ^^ ^^^ present depths the said south channel, from the point 
of termination at said Elm street, to the main channel, near 
the easterly angle of the aforesaid timber dock at the east- 
erly corner of the navy yard. 
North channel Sect. 3. Said proprietors shall widen the north channel 
*° ^ k^'f '^"^^' ^y excavating the mud from the southerly side thereof to 
as described, the depth of the present channel, to a straight line drawn 
from a point thirteen hundred feet from Medford street, op- 
posite Webster street, to a point in Chelsea bridge, four 
hundred feet southerly from the north draw in said bridge, 



1852. Chap. 105. 73 

and thence in a curve "corresponding to the curve before- Excavations 

mentioned to the channel below Chelsea bridge, and shall *pg^ ^®p* 

keep the said excavations at that depth ; and shall remove 

the whole of the shoal in the middle of said channel, oppo- Whole shoal 

site Chelsea creek, to the general depth of the channel, and ^^ the d^epthof 

keep the same clear for the convenience of navigation, and the channel. 

if in consequence of this widening of the channel there shall 

be any shoaling of the same on the northerly side of said 

river in front of the wharves belonging to the United States, 

said proprietors shall restore the channel in that part to its 

original depth. 

Sect. 4. Said proprietors shall excavate to the depth Certain de- 
of four feet, and keep so excavated, the remaining flats be"ex^civrted '^ 
between said north channel and a line parallel to the four feet, 
northeasterly boundary of the enclosure hereby authorized, 
and tAvo hundred feet distant therefrom, and they shall have 
the right to extend and maintain pile wharves on the north- May extend 
erly side of said enclosure, to a distance of two hundred ^qo feeu^^^ 
feet therefrom : provided, no such wharves shall extend into 
the channel ; and they may lay vessels at the end of these 
wharves, and receive wharfage and dockage therefrom. 

Sect. 5. Said proprietors shall fill the portion of flats Shall fill in- 
here by authorized to be enclosed, to the depth of eight feet gJX^fee^t** 
above mean low-water-mark, with said flats to be excavated 
as aforesaid, and with the material taken from the flats, or 
marsh, on the margin of said river, above these improve- 
ments, aU between high and low water-mark, in places to 
be approved by a commissioner or commissioners, to be 
appointed by the governor ; and the whole of the work Work to be 
authorized and required by this act shall be done under the commiSnw 
supervision and to the satisfaction of said commissioner or appointed by 
commissioners, who shall be paid for his or their services so^"^*"^- 
by said proprietors. And the said proprietors shall keep up 
and maintain the excavations so made above these im- 
provements. 

Sect. 6. For the purposes aforesaid, said proprietors are Made a corpo- 
hcreby made a corporation by the name of the Mystic River of*Mys^[c'K.^- 
Corporation, and for this purpose shall have all the powers er Corpora- 
and privileges, and be subject to all the duties, liabilities, *^°"* 
and restrictions, set forth in the forty-fourth chapter of the 
Revised Statutes. 

Sect. 7. Said corporation may hold real and personal Powers and 
estate for the purpose aforesaid ; and their whole capital ^"^'^^ ®^®^* 
stock shall not exceed two hundred thousand dollars : pro- 
vided, that no shares in said capital stock shall be issued 
for a less sum or amount, to be paid in on each, than the 
par value of the shares first issued. 
10 



U 1852. Chap. 105—107. 

Act void un- Sect. 8. This act shall be void unless the structure and 
l.t!^rf^L!i^;« excavations above described shall be commenced within 

commenced in i i • i • • i r j 

three years, three ycars, and completed within eight years irom and 

dght^.''''^'"^''' after its passage. 

Right and title Sect. 9. All right and title to the land to be filled up 

to cease, &c. by virtue of the provisions of this act shall cease, if the 
owners of such land shall at any time for the space of sLx 
months after notice from the attorney-general, fail to main- 
tain all the excavations hereinbefore required to be main- 
tained. [Approved by the Governor, April 15, 1852.] 

Cha/D 106 -^^ ^^^ concerning the Charles River Railroad Company. 

Be it ejiacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Where to be Sect. 1. The Charles River Railroad Company is here- 
andTonstmct- ^Y authorized to construct its railroad in sections of not 
ed. less than tliree miles each, commencing at its junction with 

the Charles River Branch Railroad, and thence consecu- 
tively to some point in the town of Bellingham, not within 
one mile of the Norfolk County Railroad. 
May commence Sect. 2. Said Chaiics Rivcr Railroad Company may 
construction of commence the construction of each of the said sections con- 
when stock secutively as aforesaid, whenever an amount of stock equal 
ooo^^er°mfiebe ^° ^^^ thousaiid dollars for each and every mile so to be 
subscribed, commenced shall have been subscribed by responsible par- 
and 20 per ct. ^jgg ^^j-^^j twenty per cent, on each and every share thereof 
on each share . ' i "^ p • i i • r i^ c 

paid, &c. paid into the treasury oi said company, and a certincate oi 
such subscription and payment shall have been sworn to 
and filed as set forth in the ninth section of the two hun- 
dred and ninety-seventh chapter of the acts of the year one 
thousand eight hundred and fifty-one. 
Inconsistent Sect. 3. All acts or parts of acts inconsistent herewith 
acts repealed, are hereby repealed. [Approved by the Governor, April 20, 
1852.] 

Chnn 107 -^^ ^^^ *° authorize the sale of Parsonage Property in the Parish of West 
J- ' Tisbury. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Authorized to Sect. 1. The Congregational Society of the West 
treasurer to^"^ Parish of Tisbury is hereby authorized to empower the 
sell the par- treasurer of said society, for the time being, to sell their 
sonage, and to parsouagc pro})erty, consisting of a dwelling-house and 
about forty acres of land, lying within said town, and to 



1852. Chap. 107—110. T« 

mako and execute a deed or deeds to convey the same ; ceeds as socie- 
aiid to invest the proceeds of the sales of said property in inc™m^ f ^'^'^''* ' 
sueh manner as the said society by their vote shall direct: port ministers. 
])n)i'i(h'd, tiiat only the income thereof shall be applied for 
the support of the ministry in said society. 

Sect. 2. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor^ April 20, 1852.] 

An Act in addition to an act concerning the Mutual Fire Assurance Com- nh^^ 1 QQ 
pany of Springfield and the vicinity. -t ' 

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 second section of the act entitled " An Act con- Second section 
cerningthe Mutual Fire Assurance Company of Springfield "^ ealed^"^ ^^^ 
and the vicinity," passed in the year one thousand eight hun- 
dred and forty-seven, is hereby repealed ; and all the trans- 
actions of the corporation designated in said act since the Acts of corpo- 
passage thereof, are hereby declared legal and valid, to the ^^f^'^'^''^^^^- 
same extent and purpose as if said second section had never 
been enacted. [Approved by the Governor, April 20, 1852.] 

An Act to increase the capital stock of the Boston Gas-Light Company. Qhci'D 109 

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 Boston Gas-Light Company is hereby authorized to May add 
increase its capital stock by adding thereto a suin not ex- ^^00,000 to . 
ceeding five hundred thousand dollars, and to invest the 
same in such real and personal estate as may be necessary 
and convenient for the purposes for which they were incor- 
]5orated : provided, that no shares in said capital stock shall proviso. 
be issued for a less sum or amount, to be actually paid in on 
each, than the par value of the shares first issued. [Ap- 
proved by the Governor, April 20, 1852.] 

An Act concerning the Fund of the Third Congregational Society in Chat). 110 
Springfield. " 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Shot. 1. " The Trustees of the Fund of the Third Con- Trustees em- 
gregational Society in Springfield," and theu successors, are {'°|fe"r^ortgage 
hereby authorized and empowered to take as secm'ity for to secure any 
any loan or loans made by them from their finid, a mort- ^°'^°' ^'^' 



76 1852. Chap. 110—112. 

gage of such real estate as they shall deem sufficient to 

secure said loan. 
Part of act of Sect. 2. So much of section eight of the act entitled 
1820 repealed, u ^j^ ^^-j; ^q incorporate the Second Congregational Society, 

in the first parish in Springfield," passed in the year one 

thousand eight hundred and twenty, as is inconsistent with 

this act, is hereby repealed. 
Takes effect. Sect. 3. This act shall take effect from and after its 

passage. [Approved by the Governor, April 20, 1852.] 

Chci'D 111 ^^ ^^^ ^^ authorize the sale of Ministerial Property belonging to the 
"' Congregational Parish in Freetown. 

Be it enacted by the Se?iaie and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Thomas G. Nichols, of Freetown, in the county 
Authorized to Qf Bristol, is hereby authorized and empowered to sell at 

s6ii minis L6ri3>l ' %/ i- ^ ^ 

property held public or private sale, the w^hole or any part of the minis- 
by him in terial property, so called, now situate in the town of Fall 
River, in said county, and held by him in trust for the con- 
gregational parish in said Freetown ; and to execute and 
deliver such deed or deeds, as may be necessary to convey 
the same. 
Proceeds may Sect. 2. The proceeds of the sale of said property shall 
^^a^'^^h^shaUd^ bc invested in such manner as said parish shall direct, and 
rect, income the incomc thereof only shall be applied to the support of 
can go to sup- ^j^g ministry in said parish. 

Sect. 3. This act shall take effect from and after its 
Takes effect, passage. [Approved by the Governor, April 20, 1852.] 

Chnn 119 -^^ -^^^ ^^^ ^® appointment of one additional Commissioner of Insolvency 
lynajj. xx^ ^^j. ^g County of Worcester. 

Be it enacted by the Senate and House of Representa- 
tives, in •General Court assembled, and by the authority of 
the same, as follows : 

First section of Sect. 1. The first section of the three hundred twenty- 
322dchapj;ero^ gg(>Qj^(j chapter of the general laws of the Commonwealth, 
I85i', so passed in the year one thousand eight hundred and fifty- 

amended that Qjjg jg hereby so far amended, that the srovernor, with the 

governor, with ' J ' -^ -.i 

advice, &c., advicc and consent oi the council, may appomt and com- 
™^^ additional ^^^^^''^°"' ^^ addition to thosc already appointed and com- 
commissioner missioned, ouc morc suitable person for the county of Wor- 
of insolvency gggter, to be a commissioner of insolvency in said county, 
Worcester. who shall hold liis office for the term of seven years, unless 
sooner removed by the governor and council ; and the com- 
missioner who may bc so appointed shall have and exercise 



1852. Chap. 112—114. 77 

tlio same jurisdiction, power, and authority, and be subject 
to the same duties and requirements, as the commissioners 
appointed under the three huntked and fourth chapter of the iieshallnotbe 
general laws of the Commonwealth, passed in the year one ho1^'^®p^(,yj.t 
thousand eight hundred and forty-eight, except that he shall in shire town 
not be required to hold a court of insolvency at the shire °^ of^Lch^^ 
town of said county on the first Tuesday of every month, month. 
[Approved by the Governor,, April 20, 1852.] 

An Act in relation to the House of Correction in the County of Suffolk. Chap. 113 

Be it enacted by the Senate and House of Representa- 
tives, in General Cornet assembled, and by the authority of 
the same, as follows : 

Sect. 1. The city council of the city of Boston may City council of 
aimually appoint, by concurrent vote of the two branches annuaU™ap- 
thereof, a suitable number of persons, not exceeding twelve, point in con- 
who shall be citizens of Boston, and a majority of whom snUabie^nura- 
shall constitute a quorum for the transaction of business, ^®''' ?°J ^^" 
to constitute the board of overseers of the house of correction tweivef to hold 
for the county of Suffolk, wlTo shall hold their office for one office one year, 
year, and until at least five persons, members of a new board, ' 
are appointed in their place ; and said city council may at 
any time fill any vacancies which may occur in said board. 

Sect. 2. So much of the eleventh section of the one f °j™"ggj?f^ of 
lumdred and forty-third chapter of the Revised Statutes as usd chapter of 
is inconsistent with this act is hereby repealed. R. s., mcon- 

. 1 11 1 n- -J. ■!_ sistent, &c.. 

Sect. 3. This act shall take etiect as soon as it may be repealed, 
accepted by the city counj:;il of said city by concurrent vote Takes effect, 
of the two branches thereof. [Approved by the Governor, 
April 20, 1852.] 

An Act to establish additional terms of the Court of Common Pleas for Chap. 114 
the County of Hampshire. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. There shall be holden at Northampton, within Two addition- 
and for the county of Hampshire, two additional terms for ^ p""haU be 
the Court of Common Pleas, annually, to wit, on the second holden at 
Monday of June, and the third Monday of December, for annuaiiy.^^°"' 
the disposition of the criminal business of said county. 

Sect. 2. The civil business of said court in said county ciyil matters 
shall be transacted exclusively at the three terms heretofore ^^^y^^^^'^'''^' 
established in said county, and the criminal business thereof 
shall be transacted exclusively at the terms established by 



78 1852. Chap. 114—115. 

this act, and all continuances of civil or criminal cases shall, 
without any special order therefor, be had to the next term 
of the said court to be holden for the transaction of busi- 
ness of the same description. 
Concerning Sect. 3. All appeals, recognizauccs, continuances, and 

appeals, re- proccsses, and every other matter and thing of a criminal 
and'maMers'of uature, which would be returnable to, or have day in, 
a crioiinai na- the Court of Commou Pleas, to be holden in said county on 
^^" the first Monday of June next, if this act had not been 

passed, shall be returnable to and have day in that court at 
the term thereof hereby established, on the second Monday 

The grand of JunC next. 

i^p^'^ t%t- Sect. 4. The grand jurors, for said county of Hamp- 

tend only at shire, shall be required to attend only at the said terms 

the terms for hereby established for the transaction of criminal business, 
ters. Sect. 5. This act shall take effect from and after its 

Takes effect, passage. [Approved by the Governor, April 20, 1852.] 

An Act concerning Auctioneers. 

Chav. 115 ^^ ^^ enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Owners of Sect. 1. It shall be lawful for any person, or corporation, 

real or person- having real or personal estate in any city or town in this 
^m^Vo^- anauc- Commonwealth, to be sold, by public auction, to employ for 
tioneer, duly the purpose of making such sale any auctioneer duly licensed 
licensed to sell ui;j(jgj. ^hc provisions of the twenty-ninth chapter of the 

same on the T-,.ir-i *i • ii- 

premises in Revised btatutcs. And any auctioneer so employed, is 
any county, hereby authorized to sell such real or personal estate upon 
the premises where the same may be situated, although it 
may be without the limits of the county in which he resides, 
or has his license ; anything in said twenty-ninth chapter to 
the contrary notwithstanding. 
Hawkers and Sect. 2. Nothing contained in this act or in an act enti- 
peddiers not fled " An Act concerning Auctioneers," passed in the year 
sell ourof the onc thousand eight hundred and thirty-seven, shall be con- 
town or city gfrued as authorizing or in any way empowering ha\vkers 
wer^e licensed, and peddlers, or other itinerant traders who may now hold, 
or may hereafter hold an auctioneer's license, to sell, or ex- 
pose for sale, by public auction, any goods, wares, or mer- 
chandise whatever, in any other city or town than in the 
one from whose authorities such license was obtained ; and 
there only in such place or places, as shall be expressly 
described or set forth in said license. [Approved by the 
Governor, April 20, 1852.] 



1852. Chap. 116—118. 79 

An Act to extend the time for the location and construction of the Fair- Chan. 116 
haven Branch Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in Ghieral Court assembled, and by the authority of 
the same, as follows : 

The times allowed to the Fairhaven Branch Railroad One year. 
Company to locate and consti'uct its railroad, are hereby 
respectively extended one year beyond the periods now fixed 
by law for the location and construction thereof. [Approved 
by the Governor^ April 20, 1852.] 

An Act concerning the Medway Branch Railroad Company. Chcil) 117 

Be it enacted by the Senate and House of Representa- 
tives, iji General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The stockholders of the Medway Branch Rail- stockholders 
road Company are authorized to construct their railroad ac- to c^n"truct 
cording to the provisions of previous acts relating thereto; their road 
with all the powers and privileges, and subject to all the months^from 
duties and liabilities, mentioned therein at any time within first of May 
six months from the first day of May next. ^^^*' 

Sect. 2. The capital stock of the said Medway Branch SiS'to I50 
Railroad Company is reduced to three hundred and fifty shares, of the 
shares, of the par value of one hundred dollars each. lYoo ealh°^ 

Sect. 3. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, April 20, 1852.] 

An Act in relation to the Boston and Maine Railroad Company, and the Chan 118 
Salem and Lowell 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 Boston and Maine Railroad Company B. and M. Rail- 
may enter upon and use the Salem and Lowell Railroad g°^gj, o°'tii™s^, 

according to law'. and L. Rail- 

Sect. 2. The Salem and Lowell Raiboad Company ^^^^^^ ^ j^^ji. 
may enter upon and use the Boston and Maine Railroad road may enter 
according to law: provided, that nothing contained in this "I^ ^\^- j"** 

X I II 1 , 1 . • • ji -I r M. Railroad. 

act snail be construed to impau* the rights 01 any per- proviso. 
son or corporation. 

Sect. 3. All acts and parts of acts inconsistent with Acts repealed, 
this act are hereby repealed. [Approved by the Governor, 
April 20, 1852.] 



80 1852. Chap. 119—120. 

Chap. 119 ^^ ^^^ concerning the Powers of 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 : 

When select- If, at any meeting of the legal voters of any school dis- 
™t^™h^^r ^ict, they cannot determine by a vote of two thirds of the 
houses. voters present, and voting thereon, where to place their 

school-house, the selectmen of the town to which the said 
district belongs shall determine where such school-house 
shall be placed, in the same manner as is provided in the 
thirtieth section of the twenty-third chapter of the Revised 
Statutes. [Approved by the Governor, April 20, 1852.] 

Chat). 120 "^^ ^^^ *° incorporate the Salem Lyceum. 

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. Daniel A. White, Stephen C. Phillips, George 
Peabody, their associate petitioners and successors, and the 
male citizens of the city of Salem of twenty-one years of 
age, purchasers of tickets to the twenty-third course of lec- 
tures of the Salem Lyceum, are hereby made a corporation 
by the name of the Salem Lyceum, for the purpose of dif- 
Powers, du- fusing knowledge and promoting intellectual improvement 
^?h ch.' r! s! ill the city of Salem, with all the powers and privileges, 
and subject to all the duties, restrictions, and liabilities, 
set forth in the forty-fourth chapter of the Revised Statutes. 
May hold real Sect. 2. The Said corporation may hold real and per- 
e^tate^ori20 - ^oual estate, to be used for the purposes aforesaid, not ex- 
000, ceeding in all, the value of twenty thousand dollars, the 

Three trustees, legal title to which shall be in three trustees, and their sue- 
How chosen cessors, to be chosen by the corporation at a meeting of 

members thereof legally called for that purpose. 
Vacancies, Sect. 3. When any vacancy shall occur in said board 

how filled. Qf trustees by death, resignation, or incapacity to perform 
the duties of said office, said vacancy shall be filled by the 
corporation at a meeting of the members thereof legally 
Doings of called for that purpose. Said trustees shall be subject in 
^"t^to^con^rol ^^^ carc, management, and disposal of said property, to the 
of joint board, control and direction of a joint board, consisting of the trus- 
tees and board of directors for the time being, which board 
of directors shall not consist of more than fifteen members. 
Property now Sect. 4. All property now owned by, or which may 
toTame^^on-'^'^ accrue to, the Salem Lyceum, shall belong to the trustees 
trol. before-mentioned, subject to the control and direction of 

the joint board above named. 



1852. Chap. 120—122. 81 

Sect. 5. Male citizens of Salem, of the age of twenty- Citizens of 
one years, shall be eligible as members of the corporation ; tv-^one vear^°" 
but the corporation, at any meeting legally called for that eligible as 
purpose, may make such by-laws and regulations in regard "^^"^'^^'^S; 
to membership, choice of directors, and other matters, for may make by- 
the purposes of then- incorporation, hereinbefore provided, 1*^^ reguiat- 

.y^^ r ' r 7 ing election of 

as it may deem proper. members and 

Sect. 6. This act shall take effect from and after its officers. 
passage. [Approved by the Governor^ April 20, 1852.] ^ct.'^^^^ ^^' 

An Act to authorize the organization of a corporation by the name of the CIlCip. 121 
Boston Steam-Engine Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Otis Tufts, Charles O. Whitmore, Samuel Corporators. 
Lawrence, and their associates, are hereby authorized to 
organize a corporation by the name of the Boston Steam- 
Engine Company, for the purpose of manufacturing steam- Purpose, 
engines and other machinery, and steam-vessels, in the city 
of Boston, and in the town of Maiden in the county of 
Middlesex, according to the provisions of an act entitled 
" An Act relating to Joint-Stock Companies," passed in 
the year one thousand eight hundred and fifty-one, with a 
capital stock of not less than two hundred thousand dollars Capital not 
nor more than one million dollars, anything in said act to ^oqq^ooo 
the contrary notwithstanding. 

Sect. 2. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, April 20, 1852.] 

An Act to protect Shad in Connecticut River. Chcft) 122 

Be it enacted by the Se7iate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. No person shall catch, take, or destroy shad in 
Connecticut River after the first day of July in each year. 

Sect. 2. Any person convicted of a violation of this act, 
shall be punished by a fine not exceeding ten dollars. 
[Approved bij the Governor, April 20, 1852.] 

ii 



82 1852. Chap. 123—124. 

Chap. 123 "^" Act concerning the Public Schools. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Ally town in the Commonwealth containing less than 
five hundred families, or householders, may establish and 
maintain such schools as are mentioned and described in 
the fifth section of the twenty-third chapter of the Revised 
Statutes. [Approved by the Governor, April 20, 1852.] 

ChciD \2-^ ■^^ "^^^ ^^^^^^^S ^° ^^^ ^'^^^^^^^^^ ^^^ Milton Branch Railroad Company 
■^' and the Old Colony 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 : 

May lease its Sect. 1. The Dorchester and Milton Branch Railroad 
Old Colony as Company is hereby authorized to lease its road, franchise, 
set forth in and property of every kind, real, personal, and mixed, to 
m"nt!^ ^^'^^^' ^^^^ ^^^ Colony Railroad Corporation for such term of time, 
for such rent, and under such conditions and stipulations 
as to the running of cars, and all other matters, as are set 
forth in the memorandum of an agreement entered into by 
the said two corporations, dated July, in the year one thou- 
sand eight hundred and fifty-one, and submitted with the 
sixth annual report of the directors of the said Dorchester 
and Milton Branch Raikoad to the Legislature of this 
Commonwealth. 
May issue Sect. 2. Said Dorchester and Milton Branch Railroad 

«°3(rooo ''°ofd Company is hereby authorized to make, execute, and issue 
Colony may iiotcs or boiids to an amouiit, the principal of which shall 
guaranty pay- j^qj^ excecd the sum of thirty thousand dollars ; and said 
Old Colony Railroad Corporation is hereby authorized to 
guaranty, indorse, or in some other way become responsi- 
ble for the payment of the principal and interest of said 
notes or bonds ; said notes or bonds may be made and 
executed in such form and manner, issued in such sums, 
and be made payable, principal and interest, at such times, 
as may be agreed upon by said two corporations. 
Mav mortgage Sect. 3. Said Dorchester and Milton Branch Railroad 
how.^*^ Colony, Qompany is hereby authorized to convey their road, fran- 
chise, and property of every kind, real, personal, and mLxed, 
to said Old Colony Raih*oad Corporation in mortgage, in 
order to secure said last named corporation against aU loss, 
costs, damage, and expense which may arise or happen to 
it by reason of its guaranteeing, indorsing, or otherwise be- 
coming responsible for the payment of the principal and 



1852. Chap. 124—126. 0j^ 

interest of said notes or bonds of said Dorchester and Milton 
Branch Raihoad Company, pursuant to this act. 

Sect. 4. Said two corporations are hereby authorized The two corpo- 
to make such arrangement, as to applying the rents and J^^'°g ^^™^y "* 
income of said Dorchester and Milton Branch Railroad debts, &c., 
Company, for the payment of its debts and liabilities, ^°^' 
through the intervention of trustees or otherwise, subject to 
the rights of the mortgagees, as set forth in the agreement 
aforesaid. 

Sect. 5. Nothing in this act contained shall be con- Nothing to 
strued or taken to prejudice or impair the existing rights of fJtln'l*^ri|htT. 
creditors, or other persons having interest in said Dorches- 
ter and Milton Branch Railroad Company. 

Sect. 6. This act shall take effect from and after its Takeseffect. 
passage. [Apjjroved by the Governor^ April 20, 1852.] 

An Act to authorize the organization of the Dunnell Manufacturing Com- (JJiav), \ 25 

pany. "' 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Jacob Dunnell, Nathaniel W. Brown, Thomas Corporators. 
L. Dunnell, and their associates, are hereby authorized to 
organize a corporation by the name of the Dunnell Manu- 
facturing Company, for the purpose of manufacturing. Purpose, 
bleaching, printing, and finishing all kinds of textile 
fabrics, and selling the same, at Pawtucket, in the county 
of Bristol, according to the provisions of " An Act relating 
to Joint-Stock Companies," passed in the year one thousand 
eight hundred and fifty-one, with a capital stock of not less 
than two hundred thousand dollars, nor more than five Capital not 
hundred thousand dollars, anything in the said act to the ^^o^^^nn 

, . ' "^ ^ 5200,000, nor 

contrary notwithstanding. over 5500,000. 

Sect. 2. This act shall take effect from and after its Takes eflFect. 
passage. [Approved by the Governor, April, 20, 1852.] 

An Act to authorize Reviews of Judgments upon Recognizances to the GhdV. 126 
Commonwealth. ■^' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Any court in this Commonwealth that shall Any case of 
have rendered judgment on any recognizance, the penalty commoiT- 
of which has been forfeited to the Commonwealth, may wealth maybe 
grant a review of such judgment and a rehearing of the courTfor suffi- 
case, on the petition of any party or person interested to cient cause. 



84 1852. Chap. 126—127. 

have such judgment revised and reversed, in whole or in part, 
upon the surrender or recaption of the prisoner, who was 
enlarged on the giving of such recognizance, — or for any 
cause in the opinion of the court sufficient, that may have 
occurred, or have been by such person or party interested 
ascertained after the rendition of such judgment, — or at 
such time as not to have afforded opportunity for presenting 
the same in evidence. 
Petition to be Sect. 2. Sucli petition, stating the grounds relied upon, 
ficTe^fourteen shall be filed in such court, and notice thereof with a copy 
days. of the Same shall be given to or served on the attorney for 

the Commonwealth for the same county where such court 
is to sit, fourteen days at least before its term, at which 
such hearing may be had ; unless such attorney shall in 
writing waive such notice or service. 
Whenjudg- Sect. 3. If it shall appear to the court that the amount 

°^^d— ^^^ ^^T ^^ such preceding judgment, or part thereof, has been ac- 
uigs. tually paid to or for the Commonwealth upon such 

recognizance, or the judgment thereon, and if, upon such 
review, the court shall order the judgment to be reversed or 
given for a less sum than shall have been so actually paid, 
the court may order to be repaid, the sum by which the 
amount so previously paid to or for the Commonwealth 
shall exceed the amount of the judgment so finally rendered 
or affirmed, to the party so having paid, as aforesaid, or 
his legal representatives ; and the treasurer of the Com- 
monwealth, if he has received such payment, or other 
officer of the Commonwealth who received the same, and 
has not paid it over to the treasurer, shall, on presentation 
of proper e^ddence of authority therefor, repay the same 
accordingly. 
Court may Sect. 4. If, upon such petition, such review or order for 

awar costs, g^^^gj-jj^g qj. diminishing the previous judgment shall not be 
granted, the court may award reasonable costs for the 
Commonwealth against the petitioner. [Approved by the 
Governor, April 20, 1852.] 

Chan. 127 A" ^^^ t° increase the number of Justices of the Supreme Judicial Court 
Be it enacted hy the Senate and House of Representa- 
fives, in General Court assembled, and by the authority of 
the same, as follows : 

Six instead of Sect. 1. The number of justices of the Supreme Judi- 
five judges. ^^^^ Court shall be sLx instead of five, as now provided by 

law. 
Three to be a Sect. 2. Three justices shall be a quorum at any law 
tem^^fficienl +crm of the said comt to decide questions of law, or at 
to try all cases, any trial or hearing required to be had before the full court. 



1852. Chap. 127--130. 85 

Sect. 3. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, April 20, 1852.] 

An Act to increase the Guarantee Fund of the People's Mutual Health (Jfian 128 
Assurance 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 second section of the act entitled " An Act to incor- Fund increas- 
porate the People's Mutual Health Assurance Company," in ^^ *° ^50,000. 
the town of Springfield, passed in the year one thousand 
eight hundred and fifty, is hereby so far amended as to 
increase the guarantee capital to fifty thousand dollars ; one Half to be paid 
half of which shall be paid in within one year from the ^°°"jy^*'"''®' 

1 J ID,3.inclcr 3.S OG* 

passage of this act, and the other half in the manner pro- fore provided, 
vided for in said section in respect to the original guarantee 
capital. [Approved by the Governor, April 20, 1852.] 

An Act in addition to " An Act relating to the Erection and Use of Chan 129 
Buildings for Stables and Bowling-Alleys." J- 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, a7id by the authority of 
the same, as follows : 

The first section of "An Act relating to the Erection and shaiibein 
Use of Buildings for Stables and Bowline- Alleys," passed {°^^^ J^ thirty 
m the year one thousand eight hundred and fifty-one, shall city or town 
be in force in any city or town within thirty days after the ^^^^^ ^^^^ 
city council of such city, or the inhabitants of such town, ^ °P ^ **™®' 
at a legal meeting shall by vote have adopted the same. 
[Approved by the Governor, April 20, 1852.] 

An Act to incorporate the Bellingham Branch Railroad Company. Chan 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 Gardner, Freeman Fisher and Gardner Corporators. 
Colby, their associates and successors, are hereby made a 
corporation by the name of the Bellingham Branch Rail- 
road Company, with all the powers and privileges, and sub- Powers, privi- 
ject to all the duties, liabilities, and restrictions, set forth in J[f/Vc.*^as*'in 
the forty-fourth chapter of the Revised Statutes, and in that 4-ith chapter 
part of the thirty-ninth chapter thereof relating to railroads, ^- ^' 
and to all other general laws that have been or may be 
hereafter passed relative to railroad corporations. 



86 1852. Chap. 130. 

Railroad, Sect. 2. Said company are hereby authorized and em- 

locatecT'&c^"^ powered to locate, construct, and maintain a railroad, com- 
mencing at some convenient point on the Norfolk County 
Raihoad near Scott's hill, in the town of Bellingham, and 
thence to the dividing line between this State and Rhode 
Island in the direction of the village of Woonsocket. 
May unite with Sect. 3. Said company are hereby authorized to enter 
ty°RaiiroaT^" ^po'ij ^-^d Unite their railroad by proper means with the 
where and Norfolk County Railroad, at the intersection thereof, in said 
• Bellingham, and also to use said Norfolk County Railroad 

according to the provisions of law. 
Bellingham Sect. 4. Said Bellingham Branch Railroad Company 

Branch may ^^^ hereby authorized to connect their railroad, at the line of 

connect with. i oi • i i -i i r ^ -r-rr i tt • 

Woonsocket the State, With the railroad of the Woonsocket Union 
u. R. R. Railroad Company, and may make any contract or con- 

for use of road tracts with the owners of said railroad or with the owners 
or property, of the Norfolk County Railroad for the leasing or use 
socket or N. ^^^ maintenance of the road hereby authorized, and of the 
C. R. R. property connected therewith. 

Act void, un- Sect. 5. This act shall be void if the location of the 
less^iocauon^^ j-q^^j herein authorized shall not be filed with the county 
year, or com- Commissioners of the counties of Worcester and Norfolk 
pietedintwo within One year, or if said road shall not be completed 
' within two years from the passage of this act: provided, 

Woonsocket howevev, that in case the railroad of the Woonsocket Union 
'^^t![°^'^-^\ Railroad Company in Rhode Island shall not be constructed 
years, then within two years, then the time hereinbefore specified for 
time extended i\^q location and Construction of the road herein authorized, 
' shall be extended, and this act shall continue in force, and 

said road may be located and constructed at any time within 

three years. 
Capital stock Sect. 6. The capital stock of the corporation shall be 
fd'inTfivi'''^' fi% thousand doUars, which shall be divided into five hun- 
hundred dred shares of one hundred dollars each. 

s ares. Sect. 7. No shares in the capital stock of said company 

JN O Sll3J*6S IS- ■*■ 1 •/ 

sued for less shall be issued for a less amount, to be actually paid in 
than par value, on each, than the par value of the shares in the original 

capital stock of the company. 
Construction Sect 8. The construction of said road shall not be 
^i\\ tw^nt^y'per Commenced until twenty per cent, of the par value of each 
cent., par vai- and every share of the capital stock shall have been paid 
be paid, ^ ^^^ ^^^^o the treasury of said company, and a certificate of the 
same signed and sworn to by the president and a majority 
of the directors, shall have been filed in the office of the 
secretary of the Commonwealth. [Approved by the Gov- 
ernor, April 20, 1852.1 



1852. Chap. 131—132. m 

An Act to change the name of the Hampden Mutual Fire Insurance Chap. 131 
Company. ■^' 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled^ and by the authority of 
the same, as folloics : 

The Hampden Mutual Fire Insurance Company shall 
hereafter be called and known by the name of the Hampden 
Stock and Mutual Fire Insurance Company. [Approved 
by the Governor, April 20, 1852.] 

An Act concerning Savings-Banks and Institutions for Savings. ChdV 132 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The treasurer of any savings-bank, or of any Treasurer of 
institutions for savings, which has been or shall hereafter bank^whfn' 
be incorporated in this Commonwealth, shall, upon the asked in writ- 
\\'ritten request of any overseer of the poor of any city or o"lrseeT°of 
town of the Commonwealth, signed by him, inform such poor, whether 
overseer of the poor of the amount, if any, which may be hisThaTn-e^has 
deposited in the savings-bank or institution for savings, of any deposit, is 
which he is the treasurer, to the credit of any person named ni'iifthe^ne*'^'" 
in the wTitten request aforesaid, who may be at the time a cessary infor- 
charge upon the Commonwealth, or upon any city or town °*^*'°"- 
of the Commonwealth, as a pauper. 

Sect. 2. The treasurer of any savings-bank or of any Treasurer re- 
institution for savings as aforesaid, shall, upon the written a"se!s*so^r^as^to 
request of any assessor of any city or town of the Com- the amount of 
monwealth, signed by him, inform such assessor of the obH° ed'to^ fui- 
amount, if any, exceeding one hundred dollars, deposited in nish'the 
the savings-bank or institution for savings, of which he o^er'sioo^ 
is the treasurer, to the credit of any person named in his 
written request aforesaid, who may be at the time a resi- 
dent of the city or town of which he is an assessor. 

Sect. 3. If any treasurer of any savings-bank or insti- ^,50 penalty 
tution for savings as aforesaid, shall umeasonably refuse to fo"" refusal or 
give the information required by this act, or shall wilfully mat?^n ° °'^' 
render false information, he shall forfeit and pay the sum of 
fifty dollars for every such oftence, to the use of the city or 
town upon which such pauper may be a charge, or to the 
Commonwealth, if svich pauper is a charge upon the same, 
or to the city or town of any such assessor. 

Sect. 4. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, April 20, 1852.] 



88 1852. Chap. 133—135. 

Chap. 133 -^n -^^^ extending the time for locating and constructing the extension of 

the Cape Cod 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 times limited for the location and con- 
two years. struction of the extension of the Cape Cod Branch Rail- 
road by an act entitled " An Act to authorize the Cape 
Cod Branch Railroad Company to extend its road," passed 
in the year one thousand eight hundred and fifty-one, are 
hereby extended two years respectively. 
The company Sect. 2. The Cape Cod Branch Railroad Company 
aufhorized^to^ ^^^^ ^^^^ town of Wareham are hereby authorized to main- 
maintain tain the bridge over the Wankinco river in Wareham, as it 
Wankinco^iv- ^^^w exists, and without a draw, until further action of the 
er. Legislature : anything in the act of incorporation of said 
railroad company, or in an act entitled " An Act authorizing 
the county commissioners of the county of Plymouth to con- 
struct a brigde over the Wankinco river," passed in the year 
one thousand eight hundred and forty, to the contrary not- 
withstanding. [Approved hy the Governor^ April 20, 1852.] 

Chdp. 134 -^^ ^^^ ^" addition to An Act to incorporate the New England Coal Mining 
■^ Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

May hold Sect. 1. The Ncw England Coal Mining Company may 

gioo.ooom hold for the purposes for which they were incorporated, real 

estate not exceeding in value one hundred thousand dol- 
Capitai 10,000, lars ; and the capital stock of said company shall consist of 
each^^^^^ not over ten thousand shares not exceeding twenty-five 
Proviso. dollars each : provided, that no certificate of shares in the 

capital stock of said company shall be issued, that shall not 

mention the amount paid in. 
Part of former Sect. 2. Such part of the act incorporating said com- 
act repealed, pany as is inconsistent with this act is hereby repealed. 

[Approved hy the Governor, April 20, 1852.] 

Chan. 1 35 -^^ ^^^ *° authorize the organization of a corporation by the name of the 
■* * " Ridgway Coal Mining Company." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Georgc Odiome, A. B. Coffin, Richard Lang, 
and their associates are hereby authorized to organize a 



1852. Chap. 135—136. 89 

corporation by the name of the Ridgway Coal Mining 
Company, for the pmpose of mining coal in the towns of 
IVIansfield, Norton, and Attlcborough, in the county of Location. 
Bristol, according to the provisions of an act entitled " An 
Act relating to Joint-Stock Companies," passed in the year 
one thousand eight hundred and fifty-one ; with a capital 
stock of not less than two hundred thousand dollars, nor Capital not 
more than two hundred and fifty thousand dollars, anything ^200*000, nor 
in said act to the contrary notwithstanding. over ^250,000. 

Sect. 2. The provisions of the said act so far as relates Certificates 
to depositing certificates with the clerks of cities and towns, be de'posit^*° 
and recording the transfer of stock, shall be considered as in the town of 
complied with, on the part of this corporation, by its causing Mansfield, 
such deposits of certificates and records to be made in 
said town of Mansfield and the city of Boston. 

Sect. 3. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor., April 20, 1852.] 

An Act to set off a part of the Town of Dedhara, and annex the same to Chap. 136 
the Town of West Roxbury. "' 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. So much of the town of Dedham, in the county Boundaries, 
of Norfolk, as lies northeasterly of a line extending from a 
corner monument between the said town of Dedham and 
the town of West Roxbmy, on or near land belonging to 
the Shuttlesworth estate, and in continuation of the straight 
line between said corner monument and a monument next 
southeasterly betw^een said towns, on the old road from 
Dedham to Boston, till it meets the centre of the channel 
of Charles River, and thence northerly by the centre of said 
channel to the present line between Dedham and West 
Roxbury, with all the inhabitants and estates thereon, is 
hereby set off from the town of Dediiam and annexed to 
the town of West Roxbury ; provided, however, that for the Unaltered as 
purpose of electing representatives to the General Court, to J°^egf "^^'^**" 
which the said town of Dedham is entitled, until the next 
decennial census shall be taken, in pursuance of the thir- 
teenth article of amendment to the Constitution, the said 
territory shall remain and continue to be a part of the town 
of Dedham, and the inhabitants resident therein shall be 
entitled to vote in the choice of such representatives, and 
shaU be ehgible to the office of representative in the town 
of Dedham in the same manner as if this act had not been 
passed. 

12 



90 1852. Chap. 136. 

Taxes, where Sect. 2. The said inhabitants and estates so set off, 
to be paid. gj^^jj ]3g liable to pay all taxes that have been legally as- 
sessed on them by the town of Dedham, in the same man- 
ner as if this act had not been passed. 
West Roxbury Sect. 3. If any persons who have heretofore gained a 
Jauper^on ^^gal settlement in the town of Dedham by reason of resi- 
new territory, 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 stand in need of 
relief or support as paupers, they shall be relieved and sup- 
ported by the said town of West Roxbury, in the same 
manner as if they had gained a legal settlement in that 
town. 
West Roxbury Sect, 4. The selectmen of West Koxbury shall annu- 
to furnish list ally, fourteen days at least before the second Monday of 
November, furnish the selectmen of Dedham a correct list, 
so far as may be ascertained from the records of the town 
of West Roxbury, or any of its officers, of all persons resi- 
dent on the territory hereby set off, who shall be entitled to 
vote for representatives, as aforesaid, in Dedham ; and for 
every neglect by the said selectmen so to furnish such list, 
the town of West Roxbury shall forfeit the sum of one 
hundred dollars ; and for the making of any false return in 
respect to any part of such list, shall forfeit the sum of 
twenty dollars for every name in respect to which a false 
return shall have been made, to be recovered in the same 
manner as is provided in the fourth section of the third 
chapter of the Revised Statutes, in respect to penalties for 
neglect, or false retm'ns of collectors of towns. 
West Roxbury Sect. 5. The towu of West Roxbury shall pay to the 
n dh^ ^*^^th° *°^^^ ^^ Dedham, within one year from the passage of this 
in one year, act, the suin of fouT hundred dollars ; which said sum it 
shall be lawful for the said town of West Roxbury to assess 
upon the real estate of the district hereby set off, and to 
collect in the same manner that State, towm, and county 
taxes are now assessed and collected. 
Act void, un- Sect. 6. This act shall be void unless the town of West 
to^in dxr'^*^^ Roxbury shall, within sixty-days of the passage of this act, 
days. at a meeting called for that purpose, express their assent to 

the same, and agree to pay said town of Dedham said sum 
of four hundred doUars. 
Takes effect. Sect. 7. This act shall take effect from and after its 
passage. [Approved by the Governor, April 21, 1852.] 



1852. Chap. 137. 91 

An Act in addition to an Act concerning Mutual Marine Insurance Chan. 137 

Companies. ■* ' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. All mutual marine insurance companies which Havingbeenin 
have been, or shall hereafter be, incorporated in this Com- Pg^Y^o^g ^* 
monwealth, after having been in operation not less than shall make an- 
tsvelve months, shall cause an annual dividend statement ^i'*! estimate 
to be made up in each year, which shall contain a fair esti- 
mate of the net profits of the company not before divided, 
taking into view the probable amount to be paid on all 
claims, outstanding risks, and demands, which have been 
or may be made against the company, including all ex- 
penses, interest, and allowances for previous deficiencies ; 
and after ascertaining in this mode the net profits of the Directors may 
year, on the risks terminated, the directors may declare a ^^^l^^f ^Jtain 
dividend of such profits, of a certain per centum on the per cent, pro- 
premiums received for such terminated risks, and the sub- gcriptrons^o" 
scriptions made to the safety fund in that year, and issue safety fund, 
certificates representing said dividend, to the persons in t^cates^^ '^^^' 
whose names the policies of insurance and subscriptions 
for the year, in conformity to the fifteenth section of the 
two hundred and eighty-first chapter of the act of eighteen 
hundred and fifty-one were originally made, or to their legal 
representatives ; and the said certificates shall be transfer- 
able only on the books of the company, under regulations 
to be prescribed by the by-laws ; and such certificates shall 
contain a proviso declaring the same to be subject to any 
future losses and expenses of the company until the same 
are redeemed, as hereinafter provided, and subject to be 
reduced by the directors in case of losses and expenses, in* 
any subsequent year, exceeding the estimated profits of 
such year : provided, that no original certificate shall be 
required to be issued for a less sum than ten dollars, but 
all sums less than ten dollars may be passed to the contin- 
gent accounts of the company. 

Sect. 2. Any mutual marine insurance company may six per cent. 
pay on the certificates issued in conformity with the pre- interest may be 
ceding section, from the accrued income of their invested cates. 
funds, interest not exceeding six per centum per annum ; and 
whenever the net profits of any such company shall exceed 
the sum of two hundred and fifty thousand dollars, the 
excess may be applied from year to year thereafter, to the 
redemption of the certificates of the previous years, in such 
manner as the directors may determine ; but no certificates 
of any year shall be redeemed while certificates of previous 



92 1852. Chap. 137—138. 

years remain unredeemed ; and whenever the accumula- 
tions of net profits of such company shall exceed the sum 
of five hundred thousand dollars, all such excess shall be so 
applied. 
Debt due from Sect. 8. In case any person or persons, entitled to a 
titied°toT"cer- certificate of profits, shall be indebted to such company for 
tificate may be sums past due and unpaid, the company may withhold the 
deducted, certificate and deduct such sum or sums from the amount 
thereof, and reduce or cancel the same ; but persons holding 
policies of the company, or entitled to certificates, shall not 
be answerable by reason thereof, or for anything contained 
therein, except for the payment of their premium, or other 
notes in advance for premiums. [Approved by the Gover- 
nor, April 21, 1852.] 

Chan 138 '^^ ^^^ ^'^ incorporate the Proprietors of the Acushnet Bridge. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Jonathan P. Lund, Rodney French, Thomas 
Bennette, their associates and successors, are hereby made 
a corporation by the name of the Acushnet Bridge Corpo- 
Powers, pri-vi- ration, with all the powers and privileges, and subject to 
in^^th chapter ^^ ^^^ duties, restrictions, and liabilities, set forth in the 
of R. s. forty-fourth chapter of the Revised Statutes. 

Empowered to Sect. 2. Said corporation are hereby authorized and 
locate and empowered to erect a bridge over Acushnet River, com- 

build a bridge ^ . .o -r,.i ii^ it-»i 

as described, mencmg at some point between Railroad whari and Joel- 
ville wharf, on the west side of said river, in the city of 
New Bedford ; thence crossing the river to the most conve- 
nient point on the east side of said river, in the town of 
Twenty-eight Fairhaven. Said bridge shall be twenty-eight feet wide, 
feet wide. g^j^^j shall be built of suitable materials, with sufficient rails 
on each side for the protection of passengers, and in such 
manner as the corporation may determine upon ; except 
such parts of it as may be over water more than ten feet 
deep at ordinary high water, which portion shall be built 
upon piles ; and the whole shall be kept in good repau at 
all times : provided, however, that nothing contained in the 
preceding clause shall prevent the construction of such 
piers or abutments of stone or other materials, and of such 
suitable dimensions as shall be deemed necessary for the 
Draw may be permanence and security of the draw hereinafter provided 
widened by di- \qy. And said draw shall be widened at the expense of 
isiature? ^ said corporation, whenever the Legislature shall direct. 



1852. Chap. 138. 93 

Sect. 3. There shall be a convenient draw in said Draw over 
bridge over the channel of said river, not less than forty f^g^^^fi ^°'*^ 
feet in width, for the passing of vessels ; and the said cor- 
poration shall constantly keep some suitable person or per- s"n*shlu^at'- 
sons at said bridge, who shall open said draw for any vessel tend it. 
that may be passing np or down said river, free of expense 
to the owners thereof; and if the person or persons whose 
duty it shall be to open said draw for the passage of ves- Fine ^10 for 
sels, shall unreasonably neglect or refuse to do so, the cor- neglect to open 
poration shall, for every such neglect or refusal, be liable to 
a fine of ten dollars, for the benefit of the person or persons 
damaged by such delay, to be recovered in any court of 
competent jurisdiction to try the same ; and said bridge 
shall not be less than twenty feet wide at the draw. 

Sect. 4. A toll is hereby granted and established for Kates of toll, 
the benefit of said corporation, according to the following 
rates, to tvit : for each foot passenger, one cent ; for each 
foot passenger with wheelbarrow or hand-cart, two cents ; 
for each horse and rider, five cents ; for all carriages with 
one horse, ten cents, and three cents extra for each addi- 
tional horse ; for loaded teams with one horse, twelve 
cents, and for each additional horse, five cents extra ; for 
loaded teams drawn by one pair of oxen, fifteen cents, and 
for each additional pair, five cents extra ; for each horse 
without a rider, and for neat cattle, two cents each ; for 
sheep and swine, one cent each ; for all carnages unat- 
tached to any animal, five cents ; and one person and no 
more shall be allowed to each team, as a driver, to pass 
free of toll ; said toll shall commence on the day of the 
opening of said bridge and shall continue for fifty years, 
unless as hereinafter provided for ; and at the place of re- A sign-board, 
ceiving said tolls there shall be constantly exposed to view ^n^to'ife^kept 
a sign-board, with the rates of toll fairly and legibly painted up.' 
thereon. 

Sect. 5. Said corporation is hereby authorized and em- Authorized to 
powered to take and hold real estate in the city of New ^ °j^ ^^^^ ^^' 
Bedford and in the town of Fairhaven, needful for the con- 
struction and maintaining of said bridge and opening and 
establishing the necessary communications with the streets, 
highways, and public avenues of said city and town re- 
spectively ; and said corporation shall be holden to make 
compensation to any person whose real estate shall be 
taken for the uses aforesaid ; and if there shall be a differ- Value of lands 
ence of opinion as to the value of the same, either of the sg^t^ed.^"^ 
said parties may apply to the county commissioners of the Damages, 
county of Bristol ; whereupon the same proceedings shall ^'^^l^'^^^^^^h 

u u J • i r J X 1 _L • 1 L • as by 24th ch. 

be had m respect ot damages, costs, and trial by jury as are k. s. 



94 1852. Chap. 138—140. 

provided for by the twenty-fourth chapter of the Revised 
Statutes, concerning town-ways and private-ways. 
On receiving Sect. 6. Whenever the receipts of toll or income of said 
certainamount bridge shall have amounted to a sum sufficient to defray 

ltl6 DriQErc will ^ . . . . . 

revert to Com- the expenses of building, repairing, and sustaining the 
monwealth. game, and paying the interest of eight per cent, on the first 

cost, the said bridge shall revert to the Commonwealth. 
Tobecomplet- Sect. 7. K the said bridge shall not be completed and 
ed in six years, open for travel in six years from the passage of this act, 

then this act shall be void. 
Capital to be Sect. 8. The capital stock of said corporation shall be 
No'shares to fifteen thousand dollars : provided, that no shares in said 
be issued for capital stock shall be issued for a less sum to be paid in 
va^iue^^''^" on each than the par value of the shares first issued. 

[Approved by the Governor.) April 21, 1852.] 

Chan 139 ■'^" "^^^ ^° abolish Duties on Sales by Auction. 

Be it enacted by the Senate and House of Representa- 
tives, in Gefieral Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Hereafter no tax or duty shall be imposed on 

any sale by auction. 
Acts inconsis- Sect. 2. All acts and parts of acts inconsistent with the 
tent repealed, foregoing scctioii are hereby repealed. [Approved by the 

Governor, April 21, 1852.] 

Chat) 140 -^^ ^^^ concerning Tender, in Actions at Law, and Suits in Equity. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Defendant Sect. 1. Whenever any defendant in any action at law, 

"l^y ?-^ff ^ *" o^ i^ ^^y s^i^ i^ equity wherein damages only are sought 

sura in writing to be recovered, pending in any court in this Common- 

as amount due. wealth, shall, in the court in which such suit or action is 

pending, offer, and consent in writing, to be defaulted, and 

that judgment shall be rendered against him, as damages, 

for a sum by him specified in said writing, the same shall 

be entered of record, together with the time when the same 

Plaintiff may was tendered; and the plaintiff may, at any time within 

withm ten ^ davs after he has received notice of such offer and con- 
days accept J /• • 1 ' f ^ jy 1 1 
judgment ac- sent, acccpt of judgment, for the sum so ottered as damages ; 

costrto^date^^ ^'^^ ^^^ court shall render judgment accordingly, with costs 

of notice. to the date of such notice ; or if, after such notice, the court 

Further time ji^ which such offcr shall be made, shall, for good cause, 

allowed.™*^ ^ grant the plaintiff a further time to elect, then the plaintiff 



1852. Chap. 140—141. ^$ 

may signify his acceptance as aforesaid, at any time before 
the expiration of the time so allowed by the court, and 
judgment shall be given by the court, upon such acceptance, 
as if the acceptance had been within ten days as aforesaid. 

Sect. 2. Whenever, in the final disposition of any such When plaintiff 
suit or action as is named in the preceding section, such pgp|| "a*n/ not 
ofter and consent as is therein named shall have been made recover greater 
by the defendant, and the plaintiff shall not have elected as *"'"• 
aforesaid to accept the same, if the plaintiff shall not recover 
a greater sum than the sum so offered, not including interest 
on the sum recovered in damages from the date of such 
offer, the defendant shall have judgment against the plain- Defendant 
tiff for his costs after the date of such offer, and execution judgment^ for 
shall issue therefor ; and the plaintiff, if he shall recover any costs after 
damages, shall be allowed his costs only up to the date of *^®' 
such offer and consent. 

Sect. 3. No offer or consent, made in pursuance with Offer not ac- 
the foregoing sections, which shall not be accepted, shall ^^P^^f^^^^g *^ 
be evidence against the party making the same, either in against de- 
any subsequent proceeding in the action or suit in which ^^'^^*°*- 
such offer is made, or in any other action or suit. [Ap- 
proved by the Governor, April 21, 1852.] 

An Act to incorporate the TrHstees of the Tufts College. Chop. 141 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. B. B. Mussey, Timothy Cotting, Richard Corporators. 
Frothingham, Jr., their associates and successors, are hereby 
constituted a body corporate by the name of the Trustees 
of the Tufts College, in Medford, and they and their suc- 
cessors, and such as shall be duly elected members of said 
corporation, shall be and remain a body corporate by that 
name forever. And for the orderly conducting the business Trustees to 
of said corporation, the said trustees shall have power and and*o?her^ offi- 
authority, from time to time, as occasion may require, to cers, declare 
elect a president, vice-president, secretary, and treasurer, urer^of^offiTc", 
and such other officers of said corporation as may be found and remove 
necessary, and to declare the duties and tenures of their ° 
respective offices ; and also to remove any trustee from the 
same corporation, when, in their judgment, he shall be ren- 
dered incapable, by age, or otherwise, of discharging the 
duties of his office, or shall neglect or refuse to perform the 
same ; and also, from time to time, to elect new members 
of the said corporation : provided, nevertheless, that the Corporation 
number of members shall never be greater than twenty- "wenty-three^ 
three. 



96 1852. Chap. 141. 

Corporation to Sect. 2. The said corporation shall liave fuU power and 
^me'^iac^e, authority to determine at what times and places their 
and manner of meetings shall be holden, and the manner of notifying the 
hoiding^raeet- trustees to convene at such meetings ; and also, from time 
ings by trus- to time, to elect a president of said coUege, and such profes- 
*^^^' sors, tutors, instructors, and other officers of the said college, 

as they shall judge most for the interest thereof, and to 
determine the duties, salaries, emoluments, responsibilities, 
and tenures of their several offices. And the said corpora- 
Corporation tion are further empowered to purchase or erect, and keep 
Seet,^and r^e-^' ^^ repair, such liouscs and other buildings as they shall 
pair buildings, iud^e ncccssary for the said college; and also to make and 

and make "^ i^- "^ • . '= ' ui i j 

rules, by-laws, ordam, as occasion may require, reasonable rules, orders, 

&c., with suit- and by-laws, not repugnant to the constitution and laws of 

reguiat^in-^^^' this Commonwealth, with reasonable penalties for the good 

struction and government of the said college, and for the regulation of 

egrees. ^^^^^^ owii body, and also to determine and regulate the 

course of instruction in said college, and to confer such de- 

grees as are usually conferred by colleges in New England, 

be transacted exccpt medical degrees: provided, nevertheless, that no cor- 

uniess half the porate business shall be transacted at any meeting unless 

members pres- ^ ii^,i,i',ii. . 

ent. one halt, at least, ol the trustees are present. 

Corporation Sect. 3. The said corporation may have a common 

ma|' have a geal, which they may alter or renew at their pleasure, and 
all deeds sealed with the seal of said corporation, and 
signed by their order, shall, when made in their corporate 
name, be considered in law as the deeds of said corpora- 
May sue and tion ; and that said corporation may sue and be sued in 
all actions, real, personal, or mixed, and may prosecute the 
same to final judgment and execution by the name of the 
May hold real Trustees of the Tufts College ; and said corporation shall 
estat^e!"^^"^^ be Capable of taldng and holding in fee simple, or any less 
estate, by gift, grant, bequest, devise, or otherwise, any 
Provided— lands, tenements, or other estate, real or personal : provided, 
come exceed " that the clear annual income of the same shall not exceed 
not ^20,000. twenty thousand dollars. 

Rents and Sect. 4. The clear rents and profits of all the estate, 

to°endowraent J*eal and personal, of which the said corporation shall be 

of college, so seized and possessed, shall be appropriated to the endow- 

virtue anTpie- ment of Said coUegc, in such manner as shall most 

ty, arts and effectually promote virtue and piety, and learning in such 

conforming to of the languages, and of the liberal and useful arts and 

will of the do- sciences, as shall be recommended from time to time by the 

said corporation, they conforming to the will of any donor or 

donors in the application of any estate which may be given, 

devised, or bequeathed for any particular object connected 

with the college. 



1852. Chap. 141—142. W 

Sect. 5, The said trustees be, and are hereby authorized Trustees au- 
to receive all the real estate, goods, chattels, choses in action, cefve^pro^perty 
and property of every description whatever, which has of all kinds ai- 
heretofore been given, conveyed, purchased, bequeathed, ^^^ ^ given, 
devised, or in any other way seemed to the trustees of the 
Tufts institution of learning, with the intent and for the 
purpose of establishing and maintaining a classical or col- 
legiate institution in Medford; and that all the said funds ^Ufy^^g to jjg 
and estate, as well as all other property which may be re- faithfully ap- 
ceived by them, shall be faithfully and forever used and Pjg to *the will 
appropriated according to the will of the donors. of the donors. 

Sect. 6. No instructor in said college shall ever be re- No religious 
quired by the trustees to profess any particular religious *®^* requure . 
opinions as a test of office, and no student shall be refused 
admission to or denied any of the privileges, honors, or de- 
grees of said college on account of the religious opinions he 
may entertain. 

Sect. 7. The Legislature of this Commonwealth may Legislature 
grant any further powers to, or alter, limit, annul, or re- ^eVo*we*ra ^ 
strain any of the powers vested by this act in the said granted by this 
corporation, as shall be found necessary to promote the ^^^' "^°' **• 
best interests of the said college, and more especially may 
appoint and establish overseers or visitors of the said 
college, with all necessary powers for the better aid, preser- 
vation, and government thereof. 

Sect. 8. The granting of this charter shall never be This charter 
considered as any pledge on the part of the government, ^^d f?om^goY-' 
that pecuniary aid shall hereafter be granted to the college, emment. 
[Approved by the Governor.^ April 21, 1852.] 

An Act to establish a State Board of Agriculture. Chap. 142 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. A State Board of Agriculture is hereby estab- Board, how 
lished, to consist of his excellency the governor, his honor constituted, 
the lieutenant-governor, and the secretary of State, ex officiis; 
of one member from each of the agricultural societies in 
the Commonwealth that receives an annual bounty from 
the State, and of three members to be appointed by the 
governor and council. Said members shall hold their offices 
for three years, except as hereinafter provided : — and the 
governor and council, and the agricultural societies as 
aforesaid, shall, within sLxty days after the passage of this 
act, appoint said members ; and afterward whenever vacan- 
cies shall occur. 
13 



98 1852. Chap. 142. 

At first meet- Sect. 2. At the first meeting of this board appointed as 
^(n^tex^Mcio) aforesaid, and called by his excellency the governor, the 
to be divided three members appointed by the governor and council, 
dasses!^^^ and the members from the agricultural societies as afore- 
said, shall be divided into three equal classes, as near as 
Terms of office, may be, and the term of office of the first class shall expire 
on the first Wednesday of February, in the year one thou- 
sand eight hundred and fifty-four; the second class on the 
first Wednesday of February, in the year one thousand 
Expiration of eight hundred and fifty-five ; and the third class on the 
each class to first Wednesday of February, in the year one thousand 
Vacancies to ^^S^^ hundred and fifty-six. The expiration of each class 
be filled by shall be determined by lot by the whole board, and the 

governor and vacancies thus Created shall be filled by the governor and 
council, &c. . , . Jo 

council, and by the respective agricultural societies in which 

such vacancy may occur. 
Duty of the Sect. 3. It shall be the duty of this board to investigate 

board. all such Subjects relating to improvement in agriculture in 

this Commonwealth as they may think proper, and they are 
May hold and hereby empowered to take, hold in trust, and exercise con- 
doiT^^o ^"^ ^^^^ over any donations or bequests that may be made to 

them for promoting agricultural education, or the general 

interests of husbandry. 
Shall meet at Sect. 4. The board of agriculture shall meet at the 
once^aXyear State house in Boston at least once in each year, and as 

much oftener as they may deem expedient, and they are 
May employ hereby empowered to employ a suitable person to act as 
secretary. secretary of the board, and to prescribe and determine his 
Reports and duties ; but all the duties of the secretary of the Common- 
returns shall wealth, relating to retm*ns of agricultural societies, shall be 

D6 m^QG to tll6 ' O O ^ 

secretary of the performed by the secretary of the board of agriculture ; and 
board. q\[ reports and returns now required by law to be made by 

said societies shall be made and returned to the secretary of 
Salary not ex- this board. The governor and council shall determine his 
ceeding ^1500. compensation ; which compensation shall not exceed the 

sum of fifteen hundred dollars per annum ; but no member 
No member of of the board shall receive any compensation for his services 
ceive^ comp'en- ^^om the Commonwealth, except for personal expenses when 
sation from engaged on the duties of the board. And the said board 
we™th°e'xcept ^l^^^l annually, on or before the fourth Wednesday of Janu- 
his expenses, ary, by their chairman or secretary, submit to the Legislature 
Annual report a detailed report of their doings, with such recommenda- 
chainnan,&c^ tions and suggestions as in their view the interests of agri- 

cultm'c may require. 
Laws inconsis- Sect. 5. All laws inconsistent with this act are hereby 

tent repealed, repealed. 

Takes effect. Sect. 6. This act shall take effect from and after its 
passage. [Approved by the Governor, April 21, 1852.] 



1852. Chap. 143. 9§ 

An Act to divide the Commonwealth into Districts for the choice of Rep- Qhap, 143 
resentatives in the Congress of the United States. ^ * 

Be it enacted hy the Senate and House of Representa- 
tives, ill General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. For the purpose of electing representatives in Eleven dis- 
the thirty-third Congress of the United States, and in each *"''*^- 
subsequent Congress, until otlienvise provided by law, the 
Commonwealth shall be divided into eleven districts, each 
of which shall elect one representative, being an inhabitant 
of the same, in the manner now provided by law. 

Sect. 2. The said eleven districts shall be as follows, to 
wit :— 

The several towns in the counties of Barnstable, Dukes, District No, i, 
and Nantucket, together with the city of New Bedford, and 1^°^ formed, 
the towns of Dartmouth and Fairhaven, in the county of Bris- 
tol; and the towns of Carver, Kingston, Plymouth, Plymp- 
ton, Rochester, and Wareham, in the county of Plymouth, 
shall form one district, and be called District Number One. 

The towns of Attleborough, Berkley, Dighton, Easton, No. 2, parts of 
Fall River, Freetown, Mansfield, Norton, Pawtucket, Rayn- ^'^uth 'a^d' 
ham, Rehoboth, Seekonk, Somerset, Swanzey, Taunton, and Norfolk. 
Westport, in the county of Bristol; and the towns of Abing- 
ton, Bridgewater, Duxbury, East Bridgewater, Halifax, Han- 
over, Hanson, Hingham, Hull, Marshfield, Middleborough, 
North Bridgewater, Pembroke, Scituate, South Scituate, 
and West Bridgewater, in the county of Plymouth; and the 
town of Cohasset in the county of Norfolk, shall form one 
district, and be called District Number Two. 

The towns of Bellingham, Braintree, Canton, Dedham, No. 3, parts of 
Dorchester, Dover, Foxborough, Franklin, Medfield, Med- festerl^nY""' 
way, Milton, Needham, Quincy, Randolph, Sharon, Stough- Middlesex, 
ton, Walpole, West Roxbury, Weymouth, Wrentham, in the 
county of Norfolk; and the towns of Blackstone, Mendon, 
Milford, Northbridge, Upton, and Uxbridge, in the county of 
Worcester ; and the towns of Brighton, Holliston, Newton, 
Sherburne, and Watertown, in the county of Middlesex, 
shall form one district, and be called District Number 
Three. 

The city of Roxbury, and the town of Brookline, in the No. 4, parts of 
county of Norfolk; and the wards numbered seven, eight, ^j^^/"}^^ ^"^"^ 
nine, ten, eleven, and twelve, in the city of Boston, in the " 
county of Suffolk, shall form one district, and be called Dis- 
trict Nu.mber Four. 

The wards numbered one, two, three, four, five, and six, No. 5, parts of 
in the city of Boston, and the towns of Chelsea and North Middlesex. 
Chelsea, and Winthrop, in the county of Suffolk; and the 



100 1852. Chap. 143. 

city of Cambridge, in the county of Middlesex, shall form 
one district, and be called District Number Five. 
No. 6, parts of The cities of Lynn, Newburyport, and Salem, and the 
Essex. towns of Amesbury, Beverly, Essex, Georgetown, Glouces- 

ter, Groveland, Hamilton, Ipswich, Manchester, Marblehead, 
Newbury, Rockport, Rowley, Salisbury, Wenham, and 
West Newbury, in the county of Essex, shall form one dis- 
trict, and be called District Number Six. 
No. 7, parts of The towns of Andover, Boxford, Bradford, Danvers, Ha- 
MiddUsex verhili, Lawrence, Lynnfield, Methuen, Middleton, Saugus, 
and Topsfield, in the county of Essex; and the city of 
Charlestown, and the towns of Burlington, Lexington, 
Maiden, Medford, Melrose, Reading, Somerville, South 
Reading, Stoneham, Waltham, West Cambridge, Wilming- 
ton, Winchester, and Woburn, in the county of Middlesex, 
shall form one district, and be called District Number 
Seven. 
No. 8, parts of The city of Lowell, and the towns of Acton, Ashby, 
Middlesex and Ashland, Bedford, Billerica, Boxborough, Carlisle, Chelms- 
ford, Concord, Dracut, Dunstable, Framingham, Groton, 
Hopkinton, Lincoln, Littleton, Marlborough, Natick, Pep- 
perell, Shirley, Stow, Sudbury, Tewksbury, Townsend, 
Tyngsborough, Wayland, Westford, and Weston, in the 
county of Middlesex ; and the towns of Berlin, Bolton, Har- 
vard, Lunenburg, Northborough, Southborough, and West- 
borough, in the county of Worcester, shall form one district, 
and be called District Number Eight. 
No. 9, parts of The towns of Ashburnham, Auburn, Barre, Boylston, 
Worcester Brookfield, Charlton, Clinton, Douglas, Dudley, Fitchburg, 
Gardner, Grafton, Holden, Hubbardston, Lancaster, Leices- 
ter, Leominster, Millbury, New Braintree, North Brookfield, 
Oakham, Oxford, Paxton, Princeton, Rutland, Shrewsbury, 
Southbridge, Spencer, Sterling, Sturbridge, Sutton, Tem- 
pleton, Webster, West Boylston, Westminster, and Win- 
chendon, and the city of Worcester, in the county of 
Worcester, shall form one district, and be called District 
Number Nine. 
No. 10, parts The towns of Athol, Dana, Hardwick, Petersham, Phil- 
FrSun^*^''' lipston, Royalston, Warren, and West Brookfield, in the 
Hampshire, coimty of Worcester; and Erving, Leverett, Montague, 
and Hampden, ^^-^y Salem, Northfield, Orange, Shutesbury, Sunderland, 
Warwick, Wendell, and Whateley, in the county of Frank- 
lin; and Amherst, Belchertown, Easthampton, Enfield, 
Granby, Greenwich, Hadley, Hatfield, Northampton, Pel- 
ham, Prescott, South Hadley, and Ware, in the county 
of Hampshire ; and Brimfield, Chicopee, Holland, Hol- 
yoke, Longmeadow, Ludlow, Monson, Palmer, Springfield, 
Wales, West Springfield, and Wilbraham, in the county of 



1852. Chap. 143—145. 101 

Hampden, shall form one district, and be called District 
Number Ten. 

The towns of Ashfield, Bernardston, Buckland, Charle- No. ii, parts 
mont, Coleraine, Conway, Decrfield, Gill, Greenfield, Haw- HamThil?' 
ley, Heath, Leyden, Monroe, Rowe, and Shelburne, in the Hampden, and 
count !i of Franklin; and Chesterfield, Cummington, Goshen, Berkshire. 
Middlefield, Norwich, Plainfield, Southampton, Westhamp- 
ton, Williamsburg, and Worthington, in the county of 
Hampshire; and Blandford, Chester, Granville, Montgom- 
ery, Russell, Southwick, Tolland, and Westfield, in the 
countij of Hampden; and the several towns in the county of 
Berkshire., shall form one district, and be called District 
Number Eleven. 

Sect. 3. This act shall take effect from and after its Takes effect. 
passage. And all acts inconsistent with this act are hereby 
repealed. [Approved by the Governor, April 22, 1852.] 

An Act in relation to Easements of Light and Air. Chcit). 144 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

No person who has erected or may erect any house or No written 
other building, near the land of any other person, with win- ^fij^^J^ed here- 
dows overlooking such land of such other person, shall, by by. 
the mere continuance of such windows, acquire any ease- 
ments of light or air, so as to prevent such other person, 
and those claiming under him, from erecting any building 
on such land : provided, that nothing herein contained shall 
invalidate any written agreement, made or to be made, in 
regard to such easements. [Approved by the Governor, 
April 22, 1852.] 

An Act to incorporate the Union Mutual Marine Insurance Company. Chdl). 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 : 

Samuel Hale, Moody A. Thurlo, Isaac H. Boardman, corporators, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Union Mutual Marine Insurance in Newbury- 
Company, in Newburyport, for the term of twenty years, p*"^*- 
for the purpose of making maritime loans and insurance ye"™' *^^° ^ 
against maritime losses on the principle of mutual insur- purpose, 
ance, with all the powers and privileges, and subject to all Powers, privi- 
the duties, liabilities, and restrictions, set forth in an act ^^^^^' ^^' 
concerning insurance companies, passed in the year one 



102 1852. Chap. 145—146. 

thousand eight hundred and forty-two, and in all subse- 
quent acts relating to mutual marine insurance companies. 
[Approved by the Governor^ April 24, 1852.] 

ChaT) 146 "^^ ^^^ ^^ incorporate the Williamstown and Hancock Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. John M. Cole, Asahel Foote, Josiah A. Mills, 
Enoch Hubbard, Jr., Silas H. Gardner, and Rufus L. Ma- 
son, their associates and successors, are hereby made a cor- 
poration by the name of the Williamstown and Hancock 
Powers, du- Railroad Company, with all the powers and privileges, and 
^es, liabilities, subject to all the dutics, liabilities, and restrictions, set forth 
and 39th chap- in the forty-fourth chapter of the Revised Statutes, and in 
ter R. s. that part of the thirty-ninth chapter thereof relating to rail- 

road corporations, and in all other general laws which have 
been or shall be hereafter passed, relative to railroad cor- 
porations. 
Location. Sect. 2. Said company are empowered to locate, con- 

struct, and maintain a railroad with one or more tracks, 
from some convenient point on the north line of Williams- 
town, in the county of Berkshire, by the most convenient 
route, in a southerly direction through said town and the 
town of Hancock to the west line of said Hancock. 
May contract Sect. 3. Said Company may contract with the owners 
rompanies^n ^^ ^^y contiguous raiboad leading into or from either of 
other States, the States of Vermont or New York, for the use of the 
whole or any part thereof, or for the running and operating 
the two railroads conjointly, or for the leasing of such con- 
tiguous road, or for the letting or hiring of their own road 
to the owners of such contiguous road. 
Capital stock Sect. 4. The capital stock of said company shall not 
6000 shares.'"^ exceed five thousand shares, the number of which shall be 
determined from time to time by the directors thereof; and 
men^oveV ^^^ assessment thereon shall be laid of a greater amount, in 
^100 per share, the wholc, than one hundred dollars on each share; and 
May hold real the said company may purchase and hold such real and 
and personal personal estate as may be necessary for the purposes of 

its incorporation. 
To be located Sect. 5. If the location of said road be not filed within 
and^nilhed'in ^wo years, and said railroad constructed within five years 
five years, or from the passage of this act, then the same shall be void. 
An roa^d au- Sect. 6. The Legislature may authorize any railroad 
thorized may Company to enter, with its railroad, upon the Williams- 
a'nd^ir'R R^' ^owu and Hancock Railroad, on such terms as may be 
Co. agreed upon by said companies, or as may be prescribed 

by the provisions of law. 



1852. Chap. 146—148. 103 

Sect. 7. The Legislature may, after the expiration of Legislatnre 
five years from the time when such railroad shall be opened may'a^tL*r tofis' 
for use, from time to time, alter and reduce the rate of toll, 
or profits, upon said road ; but said toll shall not be so re- 
duced, without the consent of said company, as to produce, 
with said profits, less than ten per cent, per annum upon 
the investments of the said company. 

Sect. 8. The said company may, with its railroad, unite May «nite 
with, enter upon, cross, and use the railroad of the Troy ^^ g. likii-' 
and Greenfield Railroad Company, in the town of Wil- road Co. 
liamstown, on such terms as may be agreed upon between 
the corporation hereby created and the aforesaid company, 
or as may be prescribed by law. 

Sect. 9. The said corporation shall not commence the When and how 
construction of its road until a certificate shall have been construetioif. 
filed in the office of the secretary of the Commonwealth, 
subscribed and sworn to by the president and a majority of 
the directors thereof, stating that all the stock named in 
their charter has been subscribed for by responsible parties, 
and that twenty per centum of the par value of each and 
every share of the stock thereof, has been actually paid into 
the treasury of the company. 

Sect. 10. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, April 24, 1852.] 

An Act to extend the time for the alteration of their Bridges over Miller's CJictn, 147 
River, by the Fitchburg 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 : 

The time within which the Fitchburg Railroad Corpora- Time extended 
tion is required by chapter three hundred and twenty-nine, froi^24th>ia 
of the acts of one thousand eight hundred and fifty-one, to i852. 
construct solid embankments at their present crossings over 
Miller's River, in Somerville, is hereby extended six months 
from the twenty-fourth day of May, one thousand eight 
hundred and fifty-two. [Approved by the Governor, April 
24, 1852.] 

An Act to incorporate the Eastern Avenue Corporation. ChdlJ. 1 48 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Robert Rantoul, Jr., Samuel S. Perkins, Ben- Corporators, 
jamin T. Reed, Samuel Leeds, Otis Rich, John P. Monks, 
Joseph W. Ward, their associates and successors, are 



104 1852.- — Chap. 148. 

hereby made a corporation, by the name of the Eastern 
Avenue Corporation, with all the powers and privileges, 
and subject to aU the duties, liabilities, and restrictions, set 
forth in the forty-fourth chapter of the Revised Statutes. 
Solid struc- Sect. 2. The said corporation is hereby authorized to 

ture one hun- construct and maintain an avenue, to be of solid structure, 

drsQ iG6t wide* 

from L street one hundred feet wide, for a street and sidewalks, com- 
to riparian mcnciug at L street, being a point within the boundaries 
of the city institutions, in that part of Boston called South 
Boston, and running thence in a north-westerly direction 
one hundred rods from high- water-mark, or to riparian line, 
so called : said avenue to be provided with proper draw or 
draws and sluiceways, which draw or draws or sluiceways 
it shall be in the power of the Legislature to change and 
widen at the expense of the corporation or their successors. 
May construct Sect. 3. The Said corporation is also authorized and 
pile bridge one empowered to coustruct and maintain a pile bridge, not 
wide "^ from exceeding one hundred feet in width, with stone piers one 
solid avenue to hundred feet wide, and not less than four hundred feet 
street^'^ apart, and with suitable draw or draws, which draw or 

draws it shall be in the power of the Legislature to change 
and widen, at the expense of the corporation or their suc- 
cessors, commencing at the north-westerly end of the solid 
avenue described in the second section of this act, and run- 
ning thence in a direct line to the foot of Summer street, in 
commission- the city of Boston : provided, that none of the stone piers 
h'^^H^^^t h aforesaid shall be placed in Fore or Fort Point channel, 
twenty-one And j/rovided, also, that the southerly side of said bridge 
hundred feet where it crosses the commissioners' line, on the easterly 
In crossing ^^^^ *^^ Fore Point channel, shall be twenty-one hundred 
flats bridge to feet from the angle in said commissioners' line : and pro- 
WesYBroad-*^ vided, further, that the portion of the said bridge or avenue, 
way. which crosses the flats, shall be parallel to West Broadway, 

Crossing chan- in said South Boston : and provided, further, that said 
than°sixt™six bridge where it crosses said channel shall not be more than 
feet wide. sixty-six feet " in width." 

May take land Sect. 4. The Said Corporation may purchase, or other- 

for street, pay- wisc take, any land necessary for the purpose of making a 

as^pro^ddedV street fifty feet wide, from the westerly termination of the 

^a'^- bridge aforesaid, authorized by the third section of this act, 

to Summer street; and if they shall not be able to obtain 

such land by any agreement with the owner or owners 

thereof, they shall pay therefor such damages as shall be 

estimated and determined, in the manner provided by the 

laws of this Commonwealth in the case of laying out and 

widening streets in the city of Boston ; and all damages to 

the estates of riparian proprietors, or owners, by the con- 



1852. Chap. 148—149. 105 

struction of any of the structures authorized by this act, 
shall be estimated and determined in the same manner. 

Sect. 5. The said avenue, bridge, street, draws, and Avenue, 
sluiceways shall be constructed under the direction, and to gi^ifg^^a^g"^^®*' 
the satisfaction, of three commissioners, to be appointed by made under 
the governor and council, and to be paid by the said corpo- *^'^^^ commia- 
ration; and the said corporation shall be held liable to keep pointed by 
the same in good repair, and to open the said draws and founca^a^^e^x- 
artbrd all proper accommodations to vessels having occasion pense of cor- 
to pass the same by day or by night. poration. 

Sect. 6. The said bridge, street, and avenue, shall be Free of toll, 
open for free travel for the use of the public, without toll or 
charge therefor. 

Sect. 7. Before commencing the structures contemplated Corporation 
in the second and third sections of this act, the said corpo- ^so^c^o^^'^" 
ration shall give bond, with satisfactory sureties, to the 
attorney-general of this Commonwealth, in the penal sum 
of fifty thousand doUars, that they shall be completed in all 
respects to the satisfaction of the commissioners aforesaid, Condition. 
and kept in good repair for public travel, and that the draw 
or draws shall be properly raised for all necessary demands 
of navigation, until such time as the said structures may be 
accepted by the city of Boston, which city shall be held to 
all the duties, liabilities, and restrictions of the said corpo- 
ration. And the said bonds shall also be holden as security Use of bond, 
for the payment of all such damages to individuals as shall 
be estimated and determined in the manner provided in the 
fourth section of this act. 

Sect. 8. If the said avenue, bridge, and street shall not Void unless 
be completed within five years from the passage of this act, completed m 

^ •^ X o ' I1V6 years. 

then the same shall be void. 

Sect. 9. The capital stock of said corporation shall not Capital stock 
exceed one hundred and fifty thousand doUars, and no ^°q ^"^^^ ^150,- 
shares shall be issued for a less sum, to be actually paid in ^^ shares less 
on each, than the par value of the shares which shall be than par value, 
first issued. [Approved by the Governor, April 24, 1852.] 

An Act to authorize John Nickerson and Eldridge Nickerson to construct Chap. 149 
a Fish-Wear in Provincetown Harbor. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sajne, as follows : 

Sect. 1. John Nickerson and Eldridge Nickerson, ofwhereafish- 
Provincetown, in the county of Barnstable, are hereby au- ^o^^tructed.*'* 
thorized to construct a fish-wear on the flats on the side of 
Long Point, in Provincetown harbor, which flats join the 
14 



106 1852. Chap. 149—151. 

uplands of the said Nickersons, with leave to extend the 
same as far as the tide ebbs, for the purpose of taking fish. 
Penalty for Sect. 2. If any person shall take any fish from said 

taking fish. wear without the permission of said Nickersons, he shall 
forfeit and pay to them a sum not exceeding five dollars, if 
the quantity so taken be less than one hundred pounds, 
and five dollars for every hundred pounds so taken ; to be 
recovered in any court proper to try the same. 
Damages caus- Sect. 3. If any damage shall be done by said Nicker- 
ed by said wear gQjjg jj^ iiiQ construction of said wear to the property of any 
person, such person shall be entitled to damage, to be esti- 
mated in the same manner as damages occasioned by 
laying out of highways. [Approved by the Governor^ April 
27, 1852.] 

Chnn 1 ^0 "^^ "^^^ ^° authorize the Fairhaven Branch Railroad Company to locate 
Jr' ^ and construct its road over the burial ground in the Village of 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 : 

Location. The Fairhaven Branch Railroad Company is hereby au- 

thorized and empowered to locate and construct its road 
over the burial ground in the village of Fairhaven; any- 
thing in the one hundred and thirty-first chapter of the 
Revised Statutes to the contrary notwithstanding. [Ap- 
proved by the Governor, April 27, 1852.] 

Chan. 151 An Act for the regulation and protection of the Alewive Fishery in the 
-» ' Towns of Cohasset and Scituate. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Selectmen of Sect. 1. The selectmen of the towns of Scituate and 
Scituate and Cohasset, and their successors, shall be a committee for the 
commHtee to Purpose of protecting, regulating, and improving the ale- 
protect the wive fishery in the stream running from Scituate pond into 
fishery. Cohasset harbor, on and near the boundary line between 

the towns of Scituate and Cohasset ; and shall have full 
Fish, how dis- powers for these purposes. They shall annually dispose of 
posed of. said fishery for the term of one year, and no longer, after 

May make im- Proper notice, at public sale. They may make improvc- 
provements. ments in and remove obstructions from said stream for the 
How paid for. P^^rposes aforesaid. The expense of such improvements 
and removals shall, with the exceptions of sluiceways in 
dams, as hereinafter provided, be borne equally by the towns 
of Scituate and Cohasset ; and said towns are hereby em- 



1852. Chap. 151. lOJ 

powered to raise money for this purpose. The proceeds of Proceeds, how 
said fishery shall be equally divided between the two ^i^^^^^d. 
towns. 

Sect. 2. The acts of a majority of said committee shall Acts of the 
be valid, provided reasonable notice of all meetings shall be majority valid, 
given to every member of the same ; and provided, that at ' 

least one member from each town shall be present. 

Sect. 3. All persons, excepting those purchasing the right Penalty for 
from said committee as aforesaid, or employed by such pur- taking fish 
chasers, who shall take any of said fish from said stream, in 
any part of it, from Doane's mill — so called — upward, shall 
forfeit the sum of ten dollars for every offence, to the use of 
said purchasers, who may recover the same by an action at 
law. 

Sect. 4. The owner or occupier of every dam on said Owners of 
stream shall annually, between the first day of March and ^^™^ss^r °^fo'r 
the first day of June next following, for such term of time fish, on penai- 
and in such manner as said committee shall direct, open a *y °^ i^^^*^- 
sufficient passage for said fish through said dam ; and on 
failure to open such passage, or of continuing it open as 
aforesaid, shall forfeit and pay the sum of one hundred dol- 
lars ; and said committee may open such passage when committee 
neglected as aforesaid, at the expense of the owner or oc- ^ay open such 
cupier thereof : provided, that no more damage is thereby 
done said owner or occupier than is necessary to effect said 
purpose. 

Sect. 5. Any member of said committee may be a wit- 
ness in any legal proceeding touching said fishery. 

Sect. 6. The said committee shall regulate the times. Committee 
places, and manner of taking said fish: provided, that no t^e fishery. ^ * 
fish shall be taken on more than four days of any one week, Proviso. 
and the said purchasers shall conform to such regulations 
on penalty of not less than twenty nor more than one hun- 
dred dollars for each offence. 

Sect. 7. The said committee shall receive out of the pay of corn- 
proceeds of said fishery, one dollar and twenty-five cents mittee. 
each, for every day's actual service in performing the duties 
herein required of them. 

Sect. 8. All fines and forfeitures named in this act, and Fines and for- 
not otherwise appropriated, shall be equally divided be- d"d"betw^een 
tween the towns of Scituate and Cohasset, and they may the two towns. 
join in a suit for the same. 

Sect. 9. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor, April 27, 1852.] 



108 1852. Chap. 152—155. 

Chap. 152 -^" ^^^ to authorize the Transfer of Ministerial Funds by the West Parish, 
" in Haverhill. 

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 transfer Sect. 1. The West Parish, in Haverhill, is hereby au- 

funds. thorized to transfer to any religious society which may be 

formed by any of its members, the whole or any part of the 
funds and real estate of said parish. 

Funds, how Sect. 2. The said funds and estate, when so transferred, 

invested. may be invested in such manner as the said religious so- 

ciety shall direct, and shall constitute a permanent fund, 

Income, how whereof the income alone shall be applied to the support of 

applied. -^j^e ministry in said society. 

Takes effect. Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, April 27, 1852.] 

Chan 153 •^^ ^^^ *° change the Name of the Agawam 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 : 

Shall be called The Agawam Mutual Fire Insurance Company shall 
Mutuai^Fixe hereafter be called and known by the name of the Hancock 
Insurance Co. Mutual Fire Insurance Company. [Approved by the Gov- 
ernor, April 27, 1852.] 

Chat) 154 -^^ ^^^ concerning the Admission of Aliens as Attorneys at Law. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

After primary Aliens, who have made their primary declaration of in- 
deciaration ad- tention to becomc citizeus of the United States, may be 
admitted to practice as attorneys at law in the courts of 
this Commonwealth, upon the same terms and conditions 
as citizens are now by law admitted. [Ajjproved by the 
Governor, April 27, 1852.] 

Chan 1^'^ "^^ ^^^ ^° incorporate the Grey Lock Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, ifi General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. William T. Filley, Seymour Wilcox, Mark 

Hopkins, John M. Cole, W. H. Tyler, their associates and 



1852. Chap. 155. 109 

successors, are hereby made a- corporation by the name of 
the Grey Lock Railroad Company, with all the powers and 
privileges, and subject to all the duties, liabilities, and re- Duties, liabili- 
strictions, set forth in the forty-fourth chapter of the Revised *^^^' *'^' 
Statutes, and in that part of the thirty-ninth chapter of the 
said statutes relating to railroad corporations, and in all 
statutes that have been or may hereafter be passed relating 
to railroad corporations. 

Sect. 2. The said company may locate, construct, and Location of 
maintain a railroad, with one or more tracks, from the de- '^°*^' 
pot of the Pittsfield and Stockbridge Railroad, in Pittsfield, 
crossing the Western Raiboad at or near the depot of the 
said Western Railroad, in said Pittsfield, by the most con- 
venient route northerly through the towns of Pittsfield, 
Lanesborough, and New Ashford, to the north line of the 
town of Williamstown, crossing the track of the Troy and 
Cfreenfield Railroad in said Williamstown. 

Sect. 3. The capital stock of the said company shall Capital stoci 
consist of five thousand shares of one hundred dollars each, '"^^qq each^* ^^ 
and no assessment shall be laid thereon of a greater amount 
in the whole than one hundred dollars on each share ; and 
the said company may invest and hold such part of its How invested 
capital stock in real and personal estate, as may be neces- '^^'^ ^^^^■ 
sary and convenient for the purposes of their incorporation. 

Sect. 4. The said railroad company may enter upon May enter on 
and unite their railroad, by proper turnouts and switches, ^™y ^"J, 
with the Troy and Greenfield Railroad, at some convenient road, 
point in the town of Williamstown, and use the same un- 
der the provisions and restrictions of the laws relating to 
railroads. 

Sect. 5. K the location of the said railroad be not filed Located within 
according to law within two years, or if the said railroad t^o years, con- 
shall not be constructed within five years, with at least one in fi^e. 
track, then this act shall be void. 

Sect. 6. The Legislature may from time to time reduce Legislature 
the rate of tolls, or other profits, upon the said railroad ; but ^^y reduce 
the tolls shall not, without the consent of said company, be ' 
so reduced as to produce, with the said profits, less than 
ten per cent, per annum. 

Sect. 7. The Legislature may authorize any company May authorize 
to enter, with another railroad, upon and use the said Grey pany^ to^'enter 
Lock Railroad, or any part thereof, paying therefor such a said road, 
rate of toll, or compensation, as the Legislature may from 
time to time prescribe, or as may be fixed by any general 
law of this Commonwealth, and complying with such rules 
and regulations as may be estabUshed by the said Grey 
Lock Railroad Company. 



no 1852. Chap. 155—157. 

Certificate to Sect. 8. The said corporation shall not commence the 

secretarTTof Construction of their road until a certificate shall have been 

state. filed in the office of the secretary of the Commonwealth, 

subscribed and sworn to by the president and a majority of 

the directors thereof, stating that all the stock named in 

their charter has been subscribed for by responsible parties, 

and that twenty per cent, of the par value of each and every 

share of the stock thereof has been actually paid into the 

treasury of the company. 

Takes effect. Sect. 9. This act shall take effect from and after its 

passage. [Ajjproved by the Governor, April 27, 1852.] 

Chan. 156 ^" ^'^^ ^^ authorize the Inhabitants of Nantucket to subscribe for and 
^ hold Stock in the Cape Cod 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 town of Sect. 1. The inhabitants of the town of Nantucket, in 
Nantucket ^ ^|^g county of Nantucket, in their corporate capacity, are 
for, hold, sell, authorized and empowered to subscribe for, pay for, take 
^""0 ooo°^sU)ck ^"^ hold stock of the Cape Cod Branch Railroad Company, 
of c'apeCodB. to an amouiit not exceeding fifty thousand dollars, and the 
Railroad Co., g^^^^ stock at their pleasure to sell and transfer : provided, 

provided, S^c. i-ici i' • -\ 

that not less than two thirds oi the voters oi said town, as- 
sembled at a meeting called for that purpose, upon notice 
duly given seven days at least before said meeting, and 
within sixty days after the passage of this act, shall vote 
by ballot to subscribe for said stock. 
Takes effect. Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 28, 1852.] 

Chap. 157 -^^ ^^^ ^'^ incorporate West's Beach Corporation. 

Be it enacted by the Senate arid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Peter Pride, West D. Eldredge, William Perry, 
Issachar T. Eldredge, EHsha Pride, and all others, resident 
inhabitants of that portion of the West Farms School Dis- 
trict, in the town of Beverly, which lies easterly of a line 
commencing at the mouth of the creek at the salt pond, so 
called, at low-water-mark, and running from thence north- 
westerly to the south-west corner of the estate of William 
Perry, thence northerly to the north-west corner bounds of 
the East Farms School District, together with all the resi- 
dent inhabitants of the East Farms School District, in said 
town, and their successors, are hereby made a corporation 



1852. Chap. 157. Ill 

by the name of West's Beach Corporation, with all the 
powers and privileges, and subject to all the duties, liabili- Powers, privi- 
ties, and restrictions, set forth in the forty-fourth chapter of ^^®®^' *''• 
the Revised Statutes. 

Sect. 2. The said corporation are hereby authorized to Authorized 
take and hold all that portion of the sea-shore, beach, and h°oW apportion 
flats at Beverly farms in said town of Beverly, which is in- of beach and 
eluded within the following limits, to wit : commencing on ^^*®' ^''^" 
the highway, at the west corner of land of the heirs of Boundaries 
James Woodberry, and running by an old wall south forty- described, 
four degrees east, twenty-one rods and seventeen and one 
half links to a point near the west corner of land of Henry 
Lee, Junior ; thence south four degrees east, six rods and 
thirteen links to a large and permanent rock in the ledge ; 
thence south forty-one degrees west, or by low-water-mark, 
over a large high rock in a ledge called the Cove rocks, 
forty-five rods to the western edge of said ledge ; thence 
north forty-four degrees west, across flats twenty-two rods 
to the western ledge of a ledge lying west of said Cove 
rocks ; thence north fifty degrees and thirty minutes west, 
across flats and beach twenty-one rods to the south-west 
corner of Jonathan Preston's land ; thence by said Preston's 
land north sixty-six degrees east, eighteen rods ; thence by 
said Preston's land north twenty-two degrees east, four rods 
and sixteen links ; thence by said Preston's land north ten 
degrees west to the highway on West street ; thence by 
said highway thirty rods to the bounds first mentioned, being 
a portion of the land, beach, and flats originally granted by 
the town of Salem to one John West, in the year one thou- 
sand six hundred and sixty-six, which portion has been occu- 
pied and improved ever since by him and his heirs, and by 
these proprietors and their predecessors claiming^under and 
through him and them. 

Sect. 8. The members of said corporation may use and Purpose, 
occupy said described portion of sea-shore, beach, and flats, 
for the purposes of gathering drift-stuft" and sea-weed, and 
of boating and bathing, as said premises have heretofore 
been used and occupied by them and their predecessors. 

Sect. 4. Said corporation are hereby required to keep shall keep 
in ffood repair for public travel, the causeway across the causeway m 

1 A u J- • ■ -J V 1 ^ ^i ^ 1 -A good repair, 

creek and marsh adjoming said beach, to the westerly side &c. 

of the way leading to the estate of Henry Lee, Junior ; and 

for the protection of the residue of the highway along said 

beach, shall also, so far as is consistent with convenient 

access to the beach, build and maintain a good stone wall 

extending from the westerly end of said causeway to land 

of Jonathan Preston. 



112 



1852. Chap. 157. 



Liability of 
members to 
assessment. 



Penalty for 
neglecting to 
pay assess- 
ments. 



Regulations 
for removing 
sand or graTel. 



Penalty for il- 
legally remov- 
ing sand or 
gravel. 

Right in the 
beach not 
transferable. 



No member 
shall sell sea- 
weed. 

None be gath- 
ered on Lord's 
day. 

Limits of this 
grant. 



Clerk keep list 
of members, 
&c. 



Sect. 5. All the legal voters included as members of 
said corporation shall be liable to an uniform assessment of 
one dollar and tu^enty-five cents each, payable in labor, for 
the erection of said wall ; and such further expenditure, if 
any, as may be necessary to complete said wall, and to 
keep the same and the causeway aforesaid in good repair, 
shall be assessed, payable in labor, upon the members of 
said corporation, by the directors thereof, in proportion to 
the benefits they may respectively receive from said beach. 
And if any member shall neglect or refuse to contribute his 
proportion of labor assessed as aforesaid, or to pay the value 
thereof in money on demand, he shall be debarred from all 
privileges granted by this act mitU he shall have paid to the 
treasurer of said corporation, in money, the amount of aU 
such unpaid assessments due from him, with interest, and 
aU costs and expenses consequent upon his delinquency. 

Sect. 6. No member of this corporation shall remove 
any sand or gravel from said beach without replacing, within 
t^venty-four hours after such removal, an equal quantity of 
stone or gravel ; and if any member shall neglect to do so, it 
shall be the duty of the directors of said corporation forth- 
with to repair such deficiency ; and such delinquent member 
shall be debarred from all privileges granted by this act, until 
he shall have paid to the treasurer double the amount which 
may have been expended to replace such sand or gravel so 
removed. 

Sect. 7. No person, not a member of this corporation, 
shall at any time obtain or remove any sand or gravel, drift- 
stuff", or sea-weed from said beach, mider a penalty of 
twenty doUars for each offence. 

Sect. 8. No member of this corporation shall transfer 
his corporate right in said beach ; but said beach shall be 
and forever remain for the use of the present and future 
residents within the limits designated in the first section of 
this act. Nor shall any member sell any sea-weed from said 
beach ; and no sea-weed or other material shall be gathered 
upon or removed from said beach on the Lord's day, under a 
penalty of ten dollars for each offence. 

Sect. 9. Nothing contained in this act shall be so con- 
strued as to grant any rights or privileges in any land, 
beach, or flats outside of the limits designated in the second 
section of this act, or to impair the legal rights of any 
person. 

Sect. 10. It shall be the duty of the clerk of said cor- 
poration to keep an accurate fist of the members thereof, 
and exhibit the same to the selectmen of the town of Bev- 
erly whenever required so to do. [Approved by the Gov- 
ernor^ April 28, 1852.] 



1852. Chap. 158. 113 

An Act conceniing the Norfolk County Railroad Company. Chat). 158 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloics : 

Sect. 1. The Norfolk County Railroad Company and May unite with 
the Woonsocket Union Raihoad Company, a corporation sq\^X*^°'^" 
established by the laws of Rhode Island, or any railroad railroad com- 
company which now is or which may be by the present Le- t^^'^J^^iJ" 
gislature authorized to unite its raihoad track with the track tions. 
of said Norfolk County Raih-oad Company, are hereby au- 
thorized by a vote of four fifths in number and value of the 
stockholders of each of said corporations, at meetings 
called for the purpose, to unite themselves in one corpora- 
tion : provided, that four fifths in number and value of the When four 
bondholders, in each of the said corporations, shall in writ- blr^^nd^vXe'' 
ing, assent to such union ; and when such votes shall have of bondhoid- 
been passed by said corporations they shall thereupon be- vot'esrof^each 
come one corporation, and all the franchises, property, pow- corporation 
ers, and privileges now enjoyed by, and all the resti'ictions, assent) They"^ 
liabilities, and obligations imposed upon, said two corpora- shall be one, as 
tions by virtue of their respective charters, shall appertain or^^Hchai- 
to said united corporation in the saiue manner as if the ter. 
same had been contained in or acquired under an original 
charter, and the said Norfolk County Railroad Company x. c. R. not 
shall not by any such union with any other company be [f^^biiities^'"™ 
thereby released from any liability or obligation under which 
they now are, whether bondholders or any other person or 
persons. Such corporations so formed by such union shall >>me may be 
be called by such naiue as the stockholders of the said cor- of the corpora- 
porations so uniting shall fix upon. tions. 

Sect. 2. K the Norfolk Coitnty Raihoad Company if x.c.R.cor- 
shall, under the provisions of this bill, unite with the P?[.f ^°JJ.^^\^_^ 
Woonsocket Union Railroad Company or any other cor- state raikoad 
poration created by the laws of any other Commonwealth company. 
or State than this Commonwealth, then, and in that case, 
one or more of the directors or other officers of such cor- 
poration formed by such union, shall be an inhabitant or in- 
habitants of this Commonwealth, on whom process against 
such corporation may be legally served, and said company 
shall be held to answer in the jurisdiction where the service 
is made and the process is retm-nable. 

Sect. 3. The said company shall keep a separate ac- Separate ac- 
count of the expenditures in Massachusetts and Rhode Is- penditures to 
land or such other State as any portion of their road may be kept, 
lie in respectively, and a commissioner shall be appointed Commissioner 
by the governor of this Commonwealth, to hold his olHce ^^j. Ive yws! 
for the term of five years, and to be compensated by the 
15 



114 1852. Chap. 158—161. 

said company, who shall decide what portion of the expen- 
ditures of said company, and of its receipts and profits 
properly pertain to those parts of the road lying in Massa- 
Annual report chusetts, and the annual report required to be made by the 
to be approved directors to the Legislature of this Commonwealth shall be 

by commis- i i . i • j • • 

Bioner. approved by the said commissioners. 

Company and Sect. 4. The said company and the stockholders therein, 
stockholders so far as they are situate in Massachusetts, shall be subject 
setts tif^ectto ^o all the duties and liabilities of railroad corporations in 
its laws. Massachusetts, and to the general laws of this Common- 

wealth in relation to railroad corporations. [Approved by the 
Governor^ April 30, 1852.] 

Chat) 159 An Act concerning Police Justices. 

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 compensa- No standing justice of any police court who is paid by a 
tion beside sal- ij^gjj salary, shall receive any compensation besides his 
regular salary as said justice, for making or issuing, in any 
capacity whatever, complaints, warrants, subpoena, or other 
criminal process which said justice is by law authorized to 
issue. [Approved by the Governor, April 30, 1852.] 

Chat). 160 "^^ •^^'' concerning the Georgetown and Andover 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- Sect. 1. The time fixed by the original act incorporat- 
Btruction ex- ing the Georgetown and Andover Railroad, for the location 
years. 9,nd construction of said railroad, is hereby extended two 

years from and after the time given for the location and 
construction of said railroad by the said original act of in- 
corporation. 
Takes effect. Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, April 30, 1852.] 

Chan 161 •^^ ^^^ *° incorporate the "Georgetown Women's Benevolent Society." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Sarah Braman, Harriet Boardman, Lucy H. 
Dole, their associates and successors, are hereby made a 
corporation by the name of the " Georgetown Women's 



1852. Chap. 161—162. 115 

Benevolent Society," for the purpose of aiding and promot- Purpose, 
ing benevolent enterprises, with all the powers and privi- Powers, &c. 
leges, and subject to all the duties, liabilities, and restric- 
tions, set forth in the forty-fourth chapter of the Revised 
Statutes. 

Sect. 2. Said corporation may hold real and personal Capital ^lo,- 
estate, for the purposes aforesaid, to an amount not exceed- ^'^^• 
ing ten thousand dollars. [Approved by the Governor,, April 
30, 1852.] 

An Act to incorporate the Marlborough Branch Railroad Company. Chap. 162 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Mark Fay, Lambert Bigelow, Richard Far- Corporators, 
well, Hollis Loring, their associates and successors, are 
hereby made a corporation by the name of the Marlborough 
Branch Railroad Company, with all the powers and privi- Powers, du- 
leges, and subject to all the duties, liabilities, and restric- v^^^' ^'*'^''^'^\f®' 
tions, contained in the forty-fourth chapter of the Revised 44 and 39 R. s. 
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 passed relating to 
railroad corporations. 

Sect. 2. Said company is hereby authorized to locate, Location, 
construct, and maintain a railroad, with one or more tracks, 
commencing at some point in the Lancaster and Sterling 
Branch of the Fitchburg Railroad, in the village of Felton- 
ville, so called, in the town of Marlborough, and extending 
to the most convenient point near the east or west parish 
in the said town of Marlborough. 

Sect. 3. The capital stock of said company shall con- Capital stock 
sist of eight hundred shares ; and no assessment shall be . ^ ^"^®^' 
laid thereon of a greater amount, in the whole, than one <gioooneach 
hundred doUars on each share, and no stock shall be issued share. 
by said company at less than one hundred dollars per share ; ^"n^ gjoo per 
and no shares in the capital stock of said corporation shall share. 
be issued for a less sum or amount, to be actually paid in ^o f^^^'^f ^^" 

siiGQ tor l6SS 

on each share, than the par value of the shares which shall than par value. 
be first issued. 

Sect. 4. The corporation hereby established may enter May unite with 
upon and unite their railroad, by proper turnouts and ^^ FUchburg ^' 
switches, with the Lancaster and Sterling Branch of the Railroad. 
Fitchburg Raihoad, in the so called village of Feltonville, 
and may contract with the Fitchburg Railroad Company to 
equip and run their said railroad. 



116 1852. Chap. 162—163. 

Legislature Sect. 5. The Legislature may authorize any company to 

other Tompa-^^ enter with a railroad upon and use the railroad hereby estab- 
nies to enter lished, or any part thereof, by complying with such reason- 
anduse, &c. ^^^q mles and regulations as the Marlborough Branch 
Railroad Company may prescribe, or as may be determined 
according to the provisions of law. 
After five Sect. 6. The Legislature may, after the expiration of 

r'^^^Ts^^^^" five years from the time said railroad is opened for use, 
but profits ' from time to time, alter or reduce the rates of toll and other 
ducedTo \eJs^' W^^^^ upou Said railroad ; but said toU or profits shall not, 
than 10 per ct. without the conscut of Said company, be so reduced as to 
per annum. produce less than ten per cent, per annum upon the invest- 
ment of said company. 
Location to be Sect. 7. If the locatiou of said railroad shall not be filed 
filed within within two ycars, or if the said company shall not complete 
^wo \eais, -c. ^^^^ railroad as provided in the second section of this act, 
with at least one track, within three years from the passage 
of this act, the same shall be void. 
Construction Sect. 8. The constructlon of said road shall not be 
not to be com- commenced until twenty per cent, on each and every share 
per ct. per sh. of the capital stock shall be paid into the treasury of said 
shall be paid company, and a certificate of the same, signed and sworn 
cate filed. to by the president and a majority of the directors, shall be 
filed in the office of the secretary of the Commonwealth. 
Sect. 9. When any subscriber or shareholder shall re- 



When share- 



holder shall fuse or neglect to pay, as it becomes due, the twenty per 
refuse or ne- ^ent. of the par value assessed upon his share or shares, as 

gleet to pay y . *^ , . /. 

iorfeifd shares provided by thc eighth section of this act, or any part oi 
paymentT^"^ said assessment, such share or shares, together with any 
payments already made thereon, may be declared forfeited 
by the dkectors, who may thereupon transfer such share or 
shares to any responsible person or persons who may sub- 
scribe for the same. [Apjjroved by the Governor, April 30, 
1852.] 

Chap. 163 An Act in regard to the County Commissioners for Chelsea, North Chelsea, 
^ and Winthrop. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

County com- Sect. 1. The couuty commissioners for the county of 
missioners IMiddlcscx, whcu cxercisiug powers and duties applicable to 
their Services, the three towns of Chelsea, North Chelsea, and Winthrop, 
or any or either of them, shall be paid their legal compen- 
sation by said towns, or any or either of them, in such pro- 
portions as the said commissioners may direct. 



1852. Chap. 163—165. 117 

Skct. 2. The third section of an act entitled " An Act Third section 
providinsr Commissioners for the towns of Chelsea and "^ P'"^,^'\"'^* ^"^^ 

I", ^7 1 • 1 1 . 1 repealed. 

INorth Chelsea, passed in the year one thousand eight 
hundred and fifty, is hereby repealed. [Approved by the 
Governor, April 30, 1852.] 

An Act concerning the Saugus Branch Railroad Company. Chan. 164 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The time within which the Saugus Branch Time for con- 
Railroad Company may complete its road is hereby ex- terid*ed"to^MaT 
tended to the first day of May, in the year one thousand i, 1853. 
eight hundred and fifty-three. 

Sect. 2. The Saugus Branch Railroad Company is Authorized to 
hereby authorized and empowered to alter the location of ^-^^'^^f^^jlg"*" 
its railroad, authorized by an act entitled an act to an- road. 
thorize the Saugus Branch Railroad to extend the same, 
passed in the year one thousand eight hundred and fifty- in what man- 
one, so that the said railroad may cross the Salem turn- "^'"' 
pike at some point near the Lynn hotel to some convenient 
point on the Eastern Railroad in Lynn. 

Sect. 3. Said company is hereby authorized to dispose Authorized to 
of its franchise, and all its rights under this act, to the S°hLe to^^ 
Eastern Railroad Company, on such terms as shall be Eastern R. R. 
agreed upon by the said companies respectively : iirovided, ^"' 
three fourths of the stockholders of each company assent Proviso. 
thereto. And if said Saugus Branch Railroad Company 
shall thus transfer its franchise and rights to the Eastern Eastern R. R. 
Railroad Company, the said Eastern Railroad Company is authorized to 

.1 -^ ' . . . Ill increase Its 

hereby authorized to increase its capital stock by the sum capital ^160,- 
of one hundred and sixty thousand dollars. ^'^'^• 

Sect. 4. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor, April 30, 1852.] 

An Act concerning the Boston Port Society. Chap. 165 

Be it enacted by the Senate and House of Represeiita- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. From and after the passage of this act, the Real estate 
real estate now owned ])y the Boston Port Society shall be \l^^l^^ ^'""^ 
exempt from taxation, so long as the income of the same 
shall be applied in furtherance and support of the charita- 
ble uses and purposes of improving the moral and religious 
condition of seamen in the city of Boston and its vicinity. 
[Approved by the Governor, April 30, 1852.] 



118 1852. Chap. 166. 

Chap, 166 ^^ ^^^ to ^^^ °^^ P^'^*^ of the Town of Dedham, and to annex the same to 
"' the Town of Walpole. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Description of Sect. 1. So Hiuch of the town of Dedham with the in- 
temtory set habitants thereon, as lies south-westerly of the following 
described line is hereby set off from said town of Dedham, 
and is annexed to said town of Walpole, to wit : Begin- 
ning at a stone monument, on the present line between 
Dedham and Walpole in land of heirs of Luke Coney, near 
the mill-dam of John Morse, in the southerly part of Ded- 
ham, and running thence south twenty-eight and a half 
degrees east, one hundred and sixty-four rods, to a point 
on the line between Dedham and Sharon, where a brook 
running on said line between Sharon and Dedham empties 
Inhabitants of into Trap-holc brook (so called) : provided, hoivever, that 
saiii territory ^]^g inhabitants and land thus set off shall be holden to pay 

held to pay i r • xi 

taxes hereto- all taxes heretofore assessed on the same in the same man- 
fore assessed, j^g^ g^g j£ ^j^jg ^^,^ j^g^^ j^^^ been passed ; and provided, fur- 

Persons hav- tlwr, that if any persons who have gained a legal settlement 
ing legal set- jj^ Dedham by residence on the said territory, or by hav- 

tlement shall . J , •'' •'. 

be supported lug been proprietors of any part thereoi, or who may derive 
by town of such settlement from any such resident or proprietor, shall 

Walpole, &c. ■. ^ ,. ^ ^ .1 1 II 1 

stand in need oi relief or support as paupers, they shall be 

relieved or supported by said town of Walpole in the same 

manner as if they had gained a legal settlement in that 

town. 

To continue a Sect. 2. The said inhabitants hereby set to Walpole, 

hamfor^iec- '^^^ Continue to be a part of Dedham, for the purpose of 

tionofrepre- electing representatives to the General Court until the next 

sentatives. apportionment of representatives in the Commonwealth, 

Duty of select- and it shall be the duty of the selectmen of Walpole to 

«ien. make a true list of the persons residing on the said tenltory 

Walpole to hereby set to the said town of Walpole, qualified to vote in 

^^ers*&^*°^ such elections, and deliver the same to the selectmen of 

Dedham seven days at least before any such elections ; and 

the said list shall be taken, revised, and used in the same 

manner as if prepared by the selectmen of Dedham. 

Takes effect. Sect. 3. TMs act shall take effect from and after its 

passage. \Approved by the Governor, April 30, 1852.] 



1852. Chap. 167—168. 119 

An Act concerning the Danvers and Georgetown Railroad Company. Chan. 16T 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Danvers and Georgetown Railroad Com- May enter 
pany is hereby authorized to enter upon the Newburyport "f"^ ^^^ 
Railroad at Georgetown, and use the same or any part at Georgetown 
thereof according to law, and said company is authorized ^^'^ "^^ ^^'^^• 
to contract with the Eastern Railroad Company and the 
Boston and Maine Railroad Company, or either of them, Certain other 
to operate said Danvers and Georgetown Railroad, and specified r. r. 
also to operate the Danvers Railroad, if the Danvers and thorized. 
Georgetown Railroad Company and the Danvers Railroad 
Company shall be hereafter united as authorized by the 
charter of the Danvers Railroad Company, and said Dan- 
vers and Georgetown Railroad Company and said Danvers 
Raikoad Company are hereby authorized to lease their re- 
spective roads to the Boston and Maine Raikoad Company 
and the Eastern Railroad Company, or either of them, for 
such term of time as may be agreed upon by the parties. 

Sect. 2. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor, April 30, 1852.] 

An Act to incorporate the Charlestown Dock Company. Chat). 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. John S. Tyler, Charles S. Darrow, George W. Corporators. 
White, their associates and successors, are hereby made a 
corporation by the name of the Charlestown Dock Com- 
pany, with all the powers and privileges, and subject to all Powers, du- 
the duties, liabilities, and restrictions, set forth in the thirty- '^^' 
eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may purchase and hold real May hold 
estate in the city of Charlestown, not exceeding in value ^^^^ estate! 
one hundred and fifty thousand dollars, for the purpose of 
constructing and maintaining one or more docks suitable 
for building and repairing vessels. 

Sect. 3. The capital stock of said corporation shall not Capital stock 
exceed two hundred and fifty thousand dollars, and no ^950 ooo^^'"^ 
shares in said capital stock shall be issued for a less sum or j^-q shares is- 
amount, to be paid in on each, than the par value of the sued under 
shares first issued. ^^'' 

Sect. 4. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor, April 30, 1852.] 



120 1852. Chap. 169—171. 

Chap. 169 -^n ^^^ concerning the Duties of Assessors. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

How any per- Sect. 1. That wheii any person shall hereafter give no- 
son may be ^j^^e in Writing to the assessors of any citv or town in this 

assessed and p • i , ."^ ^ "^ 

pay tax, who Commonwealth, accompanied by satisiactory evidence that 
missed^^ he was at the time of the last annual assessment of taxes 

in said city or town, an inhabitant thereof, and liable to pay 
a poll tax, and shall furnish under oath true lists of his polls 
and estate, both real and personal, not exempted from taxa- 
tion, it shall be the duty of said assessors to assess such 
person for his poll and estate, if any estate he have, in the 
same manner they would have done if a list of his poll and 
estate had been duly given in to said assessors, and the tax 
thus assessed against said person shall by said assessors be 
entered in the tax-list of the collector of such city or town, 
and it shall be his duty to collect and pay over the same, 
at the time when and to the persons specified in the warrant 
Proviso. of the assessors : provided, the application aforesaid shall 

be made at least seven days prior to the day of any election. 
This act not to Sect. 2. TMs act shall not be construed so as to inter- 
iuterfere^ with fgj-g jj-^ g^j^y niauuer with the provisions of the twenty-eighth 
chapter 7 a. s. section of the seventh chapter of the Revised Statutes. 
[Approved by the Governor, April 30, 1852.] 

Chao 170 "^^ •^^'^ ^^ authorize William F. Porter to construct a Causeway. 

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 : 

William F. Porter, proprietor of an island in Merrimack 
River, called Clement's Island, situated opposite to land of 
said Porter, in the town of Bradford, is hereby authorized 
to construct and maintain a causeway, suitable for ordinary 
travel, from his said land to said island : provided, this act 
shall not affect the legal rights of any person. [Approved 
by the Governor, April 30, 1852.] 

Chap. 171 -^" -^^^ concerning the Boston Wharf Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

how^ts w'harf Sect. 1. The Bostoii Wharf Company is hereby au- 
ni=iy ^e ex- thorized to extend and maintain its wharf in that part of 
South Boston. Bostoii commouly called South Boston, as follows, to wit : 



1852. Chap. 171. 121 

on the westerly side thereof by the line established by an 
act entitled " An Act concerning the Harbor of Boston," 
passed on the seventeenth day of March, one thousand eight 
hundred and forty, running from the southerly angle of the 
above-mentioned line to a point in said line fifteen hundred 
feet northerly from said angle ; thence in a line in a south- 
easterly direction parallel to the line of the westerly part of 
the street called Broadway, to a point where it would inter- 
sect the most easterly line of their present wharf extended ; 
meaning such easterly line as is referred to in an act enti- 
tled " An Act in addition to an act to authorize the 
Boston Wharf Company to extend their Wharf," passed Rigiit to lay 
in the year one thousand eight hundred and fifty, and ^^harfage!*^^'^* 
it shall have the right to lay vessels at the end and dockage, &c. 
sides of said wharf, and receive wharfage and dockage 
therefor : provided, that said company, before so extend- shall release to 
ing its wharf, shall release to the Commonwealth all right Common- 

~ . . . '-' wealth all for- 

and title which they may have acquired under former mer titles, &e. 
legislative acts, to land or flats lying outside of said line, 
extending in a southeasterly direction from the point above 
named : provided, also, that this grant shall not be construed This grant not 
to extend to any land or flats of this Commonwealth lying *° extend to 

, , / ,, II- • ^ certain lands 

in front of land or flats other than those belonging to said specified, 
company, or which would be comprehended by the true 
lines of such other land or flats extended northerly as far as 
the point to which said company are hereby authorized to 
extend its wharf; and provided, further, thdiX this grant shall 
not impair the legal rights of any person. 

Sect. 2. This act shall not take effect unless it shall be Takes effect, 
accepted by said company within sixty days from the date 
of its passage. 



In Senate, April 29, 1852. 

This bill having been returned to the senate by his ex- Bill returned 
cellency the governor, together with his objections thereto, pass^ed^^by*two 
the said objections were entered at large on the journal, thirds of sen- , 
and the senate proceeded to reconsider the said bill ; and **®* 
the question being stated on agreeing to pass the bill not- 
withstanding the said objections, the yeas and nays were 
taken thereon, and two thirds of the members present an- 
swering in the affirmative, the senate agreed to pass the 
same notwithstanding the said objections. 

HENRY WILSON, President. 
16 



122 1852. Chap. 171—173. 

House of Representatives, May 1, 1852. 

Passed by two The question being stated, — shall this bill be approved, 
thirds of the ^]^g governor's objections to the contrary notwithstanding, — 
and being taken as required by the constitution, by yeas and 
nays, and two thirds of the members present and voting 
thereon having voted in the affirmative, the house approved 
the same notwithstanding the said objections. 

N. P. BANKS, Jr., Speaker. 

Chnn 172 ^^ ^^^ *° change the name of the Town of Sherburne. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Changed to Sect. 1. The corporate name of the town of Sherburne, 

Sherbom. j^ -the county of Middlesex, shall be changed, and the said 

town shall be known and called by the name of Sherbom, 

anything in the act incorporating the same to the contrary 

notwithstanding. 
Takes effect. Sect. 2. This act shaU take effect from and after its 

passage. [Approved by the Governor, May 3, 1852.] 

Chan 17S "^^ ^^^ *° incorporate the Boston Young Men's Christian Union. 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. George W. Warren, Frederic W. Lincoln, Ju- 
nior, Thomas A. Goddard, their associates and successors, 
are hereby made a corporation by the name of the " Boston 
Young Men's Christian Union," in the city of Boston, for 

Purposes, &c. the purpose of moral and Christian improvement, with all 
the powers and privileges, and subject to all the duties, lia- 
bilities, and restrictions, set forth in the forty-fourth chapter 
of the Revised Statutes. 

Capital S40 - Sect. 2. Said corporation may hold real and personal 

000. ' estate, for the purposes aforesaid, to an amount not exceed- 

ing forty thousand dollars. [Approved by the Governor^ 
May 3, 1852.] 



1852. Chap. 174—175. 123 

An Act to authorize George W. White and others to extend their Wharf. Chat). 1 74 

Be it enacted hy the Senate arid House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

George W. White, Charles S. Darrow, and John S. in Charles- 
Tyler, owners of a wharf situate on Water street, near the ^'^""^' 
junction of said street with Wapping street, in the city of 
Charlestown, and lying between and adjoining land and 
flats belonging to said city, or to the navy yard of the 
United States of America, on the north-east, and land and Location, ex- 
flats known as Caswell's wharf, and now or late of William *^"*' ^^• 
Caswell, on the south-west, are hereby authorized to extend 
and maintain their said wharf into the harbor channel as 
far as the line established by the thirty-fifth chapter of the 
act of the year one thousand eight hundred and forty, en- 
titled " An Act concerning the Harbor of Boston," and they 
shall have the right to lay vessels at the end and sides of Right of 
their said wharf, and to receive wharfage and dockage wharfage, &c. 
therefor : provided, however, that this grant shall not be Proviso. 
construed to extend to any lands or flats of this Common- 
wealth, lying in front of the flats of any other person, or 
which would be comprehended by the true lines of such 
flats continued to the " commissioners' line," so called : and Proviso, 
provided, also, that so much of their said wharf as shall ex- 
tend 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 sti-eam, and eight feet in a transverse di- 
rection ; and that the provisions of this act shall in nowise 
impair the legal rights of any person. [Approved hy the 
Governor, May 3, 1852.] 

An Act concerning Parishes and Religious Societies. Chap. 175 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. All parishes and religious societies may hold Annual meet- 
their annual meetings for the choice of officers at such time o'f^officers, 
during the year as they may by their by-laws determine, when held. 
any law to the contrary notwithstanding. 

Sect. 2. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor ^ May 3, 1852.] 



124 1852. Chap. 176. 

Chap. 176 -^^ ^^t to incorporate the Barre and North Brookfield Railroad Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Corporators. Sect. 1. Amasa Walker, Tyler Bateheller, Samuel Mix- 
ter, Jason Gorham, and Edward Denny, their associates 
and successors, are hereby made a corporation by the name 
of the Barre and North Brookfield Railroad Company, with 
Powers, privi- all the powcrs and privileges, and subject to all the duties, 
&f ^^' ^^*'^^' liabilities, and restrictions, set forth in the forty-fourth chap- 
ter of the Revised Statutes, and in all other general laws 
relating to railroad corporations in this Commonwealth. 
Location of Sect. 2. The said corporation may construct and main- 

^^^^- tain a railroad with one or more tracks, commencing at 

some convenient point on the Western Railroad in the 
town of Brookfield, thence running by the most convenient 
route through the towns of North Brookfield, New Brain- 
tree, or Oakham, or both, to near the centre of Barre. 
Capital stock Sect. 3. The Capital stock of the said company shall 
2-10 ^^''^'^'^'^^ consist of not more than two thousand five hundred shares, 
the number of which shall from time to time be determined 
by the directors of the said company, and no assessment 
Shares not to shall be laid thereon of a greater amount in the whole than 
ove^r|i6o oiT^e hundred dollars on each share, and the said company 
each. may invest and hold such part thereof in real and personal 

^Y ^rsonir^ estate as may be necessary and convenient for the purposes 
estate. of this corporation. No share in the capital stock of said 

No shares is- corporation sh all at anytime be issued for a less sum or 
sue un er amount, to be actually paid in on each, than the par value 

of the shares which shall be first issued. 
Company must Sect. 4. If the said company shall not be organized, 
be organized and if the location of the route of the said road shall not 
years^and ^c made and filed with the county commissioners of the 
roadcompieted county of Worcester within two years from the passage of 
wit in our. ^j^^g ^^^^ ^^ -^^ ^j^^ g^^j company shall not complete the said 

road within four years from the passage of this act, then 

this act shall be void. 
Construction Sect. 5. The construction of said road shall not be 
shall not be commenced until two thousand shares of the capital stock 
until 2000 s'hs. shall liavc been subscribed by responsible parties, and 
^^\ ^^^^^^^^^f twenty per cent, of each and every such share paid into the 
paid in. treasury of the said company, ajid a certificate of the same, 

signed and sworn to by the president and a majority of the 
Certificate to directors, shall be filed in the olfice of the secretary of 

be hied, &c. g^^^^_ 

''^^to"eaJ ^^^' Sect. 6. The said company is hereby authorized to 
take lease or lease its road to any adjoining railroad corporation, or it 



1852. Chap. 176—177. 125 

may take a lease of any adjoining railroad, may unite and make joint- 
make joint-stock with such corporation or corporations, and other r^ikcd 
any railroad corporation connecting with the road of this corporations. 
corporation, or in a continuous line indirectly connecting 
with it, may guaranty payment of dividends on the whole Connecting 
or any part of the stock of this corporation, upon such terms ^'^''''".^^ '^°^- 

'' ^ . IT r \ ■ porations may 

and conditions as the directors oi the contracting companies guarantee divi- 
may agree upon, subject to the approval of three fourths in <^6ii<is, &c. 
interest of the stockholders of this corporation, which may 
be present at a legal meeting called for that purpose. 

Sect. 7. Said company is hereby authorized to enter May enter w. 
upon and unite their railroad with the Western Railroad, railroad, &c. 

Sect. 8. This act shall take effect from and after its Takes effect. 
passage. [Appt-oved by the Governor, May 3, 1852.] 

An Act for the better organization of the Fire Department in the City of QJian 177 
New Bedford. ^ 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The city council of the city of New Bedford may City council 
establish a fire department for said city, to consist of so many ™^^h 7of' ffi- 
engineers and other officers, and so many enginemen and cers and en- 
other members, as the city council, by ordinance, shall from gi^emen. 
time to time prescribe ; and said city council shall have au- 
thority to make such provisions in regard to the time and Time and 

J r • i X J xu • 1 1 r mode of their 

mode ot appointment, and the occasion and mode ot re- appointment ; 
moval of either such officers or members, to make such removal, quaii- 

.... . X X XI • !•£! X- 1 • J /• fications, &c. 

requisitions m respect to their qualiiications and period ot ^c. 
service, to define their office and duties, to fix and pay such 
compensation for their services, and in general, to make 
such regulations in regard to their conduct and govern- 
ment, and to the management and conduct of fires, and 
persons attending at fires, subject to the penalties provided 
for the breach of the city by-laws, as they shall deem ex- 
pedient : provided, that the appointment of enginemen. Appointments 
hosemen, and hook-and-ladder men shall be made by the ^° ^® "'^^.® ^J 

' '' mayor and al- 

mayor and aldermen. dermen. 

Sect. 2. The powers and duties mentioned in the pre- 
ceding section, or any of them, may be exercised and car- 
ried into efl'ect by the said city council in any manner which 
they may prescribe, and through the agency of any persons, 
or any board or boards to whom they may delegate the 
same. 

Sect. 3. The engineers or other officers of the depart- Powers of en- 
ment so appointed as aforesaid, shall have the same au- ^{{le^oflJcers. 
thority in regard to the prevention and extinguishment of 



126 1852. Chap. 177—178. 

fires, and the performance of the other offices and duties 
now incumbent upon the fire wards, as are now conferred 
upon fire wards by the Revised Statutes, or the special acts 
relating to the city of New Bedford, now in force. They 
May make ex- shall also have authority, in compliance with any ordinance 
aminations for q£ gg^y ^,j^y ^q make an examination of places where shav- 

combustibles . i i • i . i n 

under suitable ings and Other combustible materials are collected or depos- 

ordmances. ited, and to require the removal of such materials, or the 

adoption of suitable safeguards against fire. And said city 

council are hereby authorized to make suitable ordinances 

upon this latter subject matter, and annex suitable penalties 

for the violation thereof. 

Members ex- Sect. 4. All officers and members of said fire depart- 

empted from jjicnt shall be exempted from military duty, or from serving 

rnilita.rv uu~ ^ ^ j > o 

ties, &c. as jurors or constables, during the time of their employ- 

ment in said department. 
City council Sect. 5. The city council aforesaid are hereby author- 

may appropri- j^ed whenever, and as often as they shall deem it expedient, 

ate money as ' J • xi xi x 

indemnity for to appropriate any sum, or sums oi money, in the way that 
injuries, &c. may be judged by said council most advisable for the relief 
or indemnity of any officer or member of the fire depart- 
ment, who may sustain corporal injury, or contract sickness, 
in the discharge of his duty as an officer or member of 
said department. 
Takes effect. Sect. 6. This act shall take effect from and after its 
acceptance by the city council of said city. \Approved by 
the Governor^ May 5, 1852.] 

Chdt) 178 -^^ ^^^ ^^ extend the Agricultural Branch Railroad, and concerning the 
■* * same. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Where it may Sect. 1. The Agricultural Branch Railroad Company is 
be extended, hereby authorized to extend its railroad from a point at its 
present terminus in Northborough, and through the south- 
westerly part of Berlin, and the northerly part of Boylston, 
and through or near the southerly part of Lancaster, and 
through the town of Clinton to some convenient point on 
the Fitchburg and Worcester Railroad, in the town of 
Sterling. 
May unite Sect. 2. The Said company may also enter their said 

'"'■'th^'tchburg railroad upon and unite the same with the Fitchburg and 
R^iiroad.'^^* Worcester Railroad, by proper turnouts and switches, in 
Sterling, and may use said Fitchburg and Worcester Rail- 
road, under the provisions and restrictions of the laws relat- 
ing to railroads. 



1852. Chap. 178. 127 

Sect. 3. The said Agricultural Branch Railroad may How it may 
cross the tracks of the Worcester and Nashua Railroad in te?and^ashua 
Sterling or Clinton, at the same grade with said Worcester Railroad, 
and Nashua Railroad, or over the same, as said company 
may elect ; and if they shall elect to cross said railroad at 
grade, they shall at their own expense erect and provide for 
the proper working of a suitable signal. And if said com- 
pany shall elect to cross over the Worcester and Nashua 
Railroad, they shall do so by a suitable bridge, so con- 
structed as to give to said Worcester and Nashua Railroad a 
clear space of at least seventeen feet in height above the tops 
of the rails of said railroad, and at least eight feet in width 
each side of the centre line of the track of said railroad. 

Sect. 4. The said company in the extension of said Privileges, 
railroad through the limits aforenamed, shall be entitled to ^^"^gg*' ^'*' 
all the privileges and benefits, and be subject to all the du- 
ties and liabilities, set forth in the several acts relating to 
railroad corporations. 

Sect. 5. The said company is hereby authorized, for the May increase 
purpose of constructing the above extension, to increase its %Pp^i(,f!°'^'' 
capital stock by the sum of three hundred thousand dollars, ' 
which shall be divided into shares of one hundred dollars 
each, and no share shall be issued under this act for less No share «n- 
than one hundred dollars, to be actually paid on each share. '^^ p^"^ value. 

Sect. 6. The said company is hereby authorized to May divide in- 
divide their road into three sections, to wit. The first sec- ^? ^^^^^ ^^''- 
tion to embrace that part of the road from Framingham to 
Northborough ; the second section to extend from North- 
borough to Clinton ; the third section to extend from Clin- 
ton to the terminus of said road at the Fitchburg and 
Worcester Railroad in Sterling. The capital required to capital for first 
build the first section shall be one hundred and fifty thou- section ^150,- 

000 

sand dollars ; and two hundred thousand dollars shall be „ " , 

. ' . 1111 Second section 

the capital oi the second section ; and one hundred thou- 5200,000. 
sand dollars shall be the capital of the third section ; and Third section 
the said company may proceed to build either of said sec- * ' 
tions when the capital required therefor shall have been 
subscribed. Before either of said sections shall be com- 
menced, a certificate shall be filed in the office of the sec- Certificate, 
rctary of the Commonwealth, subscribed and sworn to by 
the president of said company and a majority of the di- 
rectors, stating that all the stock named for the section 
proposed to be built, has been subscribed by responsible 
parties, and that twenty per cent, of the par value of each Twenty per 
and every share of such portion of the stock has been actu- ^^^^ paiU^^'^ 
ally paid into the treasury of the company. 

Sect. 7. If the said company shall not file the location J'ledlJTone ^^ 
of the said extension within one year, or shall not complete year, exten- 



128 1852. Chap. 178—179. 

sion completed the said extension within three years from the passage of 
v^[r° ^^^^^' °^ ^^^^ ^^^^ then so much thereof as relates to said extension 

shall be null and void. 
Inconsistent Sect. 8. All acts and parts of acts Inconsistent with this, 
acts repealed. ^^^ hereby repealed. [Approved by the Governor^ May 5, 

1852.] 

Chcin. 179 -^^ ^^^ '° incorporate the Chelsea 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. N. W. Turner, Isaac Stebbens, and Erastus 
Rugg, their associates and successors, are hereby made a 
corporation by the name of the Chelsea Gas-Light Com- 
pany, for the purpose of manufacturing and selling gas in 
Powers, &c. the town of Chelsea, with aU the powers and privileges, and 
subject to all the duties, liabilities, and restrictions, set forth 
in the thirty-eighth and forty-fourth chapters of the Revised 
Statutes. 
With consent Sect. 2. Said Corporation, with the consent of the 
of selectmen selectmen of the town of Chelsea, shall have power and 
groundln authority to open the ground in any part of the streets, 
streets, &c. lanes, and highways in the said town, for the purpose of ' 
sinking and repairing such pipes and conductors as it may 
be necessary to sink for the purpose aforesaid ; and the said 
corporation, after openmg the ground in such streets, lanes, 
Shall put the or highways, shall be held to put the same again into repair, 
same in repair, under the penalty of being prosecuted for a nuisance : pro- 
Proviso, vided, that the said selectmen for the time being shall, at 
aU times, have the power to regulate, restrict, and control 
the acts and doings of the said corporation which may in 
any manner affect the health, safety, and convenience of the 
inhabitants of said town. 
No stock is- Sect. 3. No shares in the capital stock of the said cor- 
sued less than poration shall be issued for a less sum or amount, to be 
paid in on each, than the par value of the shares which 
shall be first issued. 
Takes effect. Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, May 5, 1852.] 



1852. Chap. 180—181. 129 

An Act to repeal a part of the Tenth Section of the Thirty-eighth Chapter Chat). 180 
of the Revised Statutes. ■^' 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. So much of the tenth section of the thirty- 
eighth chapter of the Revised Statutes as requires that the 
shares of manufacturing corporations shall be numbered in 
" progressive order, beginning at number one," is hereby re- 
pealed. 

Sect. 2. All acts and parts of acts inconsistent with the 
provisions of this act, are hereby repealed. [Approved by 
the Governor, May 5, 1852.] 

An Act for the better establishment of the Police Court of the City of Chan. 181 

Newburyport. 

Be it e7iacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Police Court of the city of Newburyport Exclusive ju- 
shall, from and after the time this act takes effect, have ex- "sdiction. 
elusive jurisdiction of all crimes and oJfFences committed 
within the limits of said city, whereof justices of the peace 
may now, or hereafter, legally take cognizance. 

Sect. 2. The standing justice of said court shall, here- Annual salary 
after, receive from the city of Newburyport an annual salary, j'us\^ce to^be'^^ 
the amount of which shall, from time to time, be determined determined by 
by the city council, but said salary shall not be less than "otiess'than 
four hundred nor more than eight hundred doUars, and ^400, nor more 
shall be paid in quarterly payments ; which salary shall be *^^° ^^ * 
in full for his services both as clerk and justice, and for the 
occasional services of the special justices hereof, who shaU 
be paid by said standing justice, out of his salary, the same 
fees that justices of the peace receive in like cases. 

Sect. 3. The standing justice shall perform the duties standing jus- 
of clerk, and, as such, shall exhibit once a year to the board ^1^®]^*^^®^ ^^_ 
of accounts hereinafter established, a true and particular hibit annual 
account of the costs, fines, forfeitures, and of all other ^^°^^J Jj_ 
moneys received by him for blanks, copies, or otherwise, ceived. 
which account, if approved by said board, shall be delivered 
by the justice to the treasurer of Newbm-yport, to be by 
him safely filed and kept. The said justice shall give a Shall give 
bond, with a surety or sureties, to the acceptance of the °^ • 
city council, for the faithful performance of the duties of his 
office as clerk. 
17 



130 



1852.- 



-Chap. 181. 



duty. 



S3 per day 
each. 



All fees and 



Board of ac- Sect. 4. The mayoi* of the city of Newburyport and 

con^UtuteT— ^^^ county treasurer of the county of Essex shall constitute 
power and ' a board of accounts, with the power and the duty to examine 
and allow, or disallow, all bills of costs, accounts, and 
charges which may appertain to the course of proceedings 
in said Police Court ; and a certificate of such examination 
and allowance shall be indorsed by the said board on the 
accounts exhibited, and shall be addressed to the public 
officer by or to whom such charges, fees, and expenses may 
be payable by law. The members of said board of accounts 
shall be entitled to receive from the treasury of the city of 
Newburyport, the sum of three dollars for each and every 
day which shall be devoted to the duties hereby assigned 
to them. 

Sect. 5. AU the fees received by said standing justice 
costs received jjj ^j^g course of his judicial proceedings, both civil and 
justice to be criminal, with all the costs in criminal prosecutions which 
paid quarterly }ja.ve been taxed, certified, and allowed, and the fines and 

to ircRsurcr oi 

Newburyport. forfeitures which enure to the benefit of the city of New- 
buryport, shall be collected by said justice in the mode pre- 
scribed by law for justices of the peace in like cases, and 
shall be by him, once a quarter, accounted for in detail, and 
paid over to the treasurer of the city of Newburyport, whose 
duty it shall be to pay, from the costs so received, the offi- 
cers, witnesses, and other persons whose fees have been 
taxed, certified, and allowed by said justice. 
Standing jus- Sect. 6. The said standing justice shall, annually, in 
tice to make the month of January, make a report to the city council of 
^January?'* Newburyport, which report shall set forth every criminal 
complaint made in the Police Court, the name of the person 
accused, the description of the offence alleged, and the de- 
cision of the court in each case, with the full costs incident 
thereto. 
Jurisdiction of Sect. 7. The jurisdiction of the Police Court of the city 
Police Court, of Ncwburyport shall not be limited by reason of any inter- 
est on the part of the justices of said court in the payment 
of fines and costs into the treasury of the city of Newbury- 
port, or of the county of Essex. 
&c^*byTp^ecial Sect. 8. The costs taxed, allowed, and certified by the 
justices paid special justicc shall be paid to the standing justice, 
justice. '"^ Sect. 9. This act shall take effect from and after its 

Takes effect, passage. [Approved by the Governor, May 5, 1852.] 



1852. Chap. 182—183. 131 

An Act confirming the election of Municipal Officers of Ward Eight in the Chav 182 

City of Lynn. -* * 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

The election of municipal officers at a meeting of the Election of 
inhabitants of ward eight, in the city of Lynn, held on the ?852^'^'^^' 
eighth day of March, in the year one thousand eight hundred ed. 
and fifty-two, shall be valid in law ; and all the officers 
elected at that meeting shall have and exercise, during the 
time for which they were respectively chosen, all the powers 
and shall perform all the duties prescribed by law to the 
offices unto which they were respectively chosen. [Ap- 
provedhy the Governor, May 5, 1852.] 

An Act to aHtliorize the Methodist Episcopal Church and Society in Men- Ghcin. 183 
son to sell certain Real Estate. -' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. The Methodist Episcopal Church and Society Authorized to 
in Monson is hereby authorized to sell at public or private gj^in^'^CT^etu- 
sale, at such time or times as it may judge best, a certain ity, andtrea- 
tract or parcel of land, lying in said Monson, and contain- putra^d deUv- 
ing about thirty acres, more or less, it being the same leased er deed, &c. 
to said society in perpetuity by Abel Jennings, late of said 
Monson, on the sixteenth day of March, in the year one 
thousand eight hundred and thirty-six ; and the treasurer of 
said society for the time being is authorized to execute and 
defiver a deed or deeds to convey the same in fee simple or 
otherwise. 

Sect. 2. The proceeds of the sale of said property shall Proceeds of 
be invested in such manner as the trustees of said society ygs^e^,°^ ^^' 
shall direct : provided, that the income, rents, and profits income, how 
only, arising from said proceeds and investment or invest- applied, 
ments shall accrue to, and be applied to the use, support, 
interest, and benefit of said church and society forever. 

Sect. 3. This act shall take effect from and after its Takes efifect. 
passage. [Approved by the Governor, May 5, 1852.] 



132 1852. Chap. 184—186. 

Chop. 184 ^^ -^^t to confirm certain Acts done by John A. Judd, as Justice of the 
■^' Peace. 

Be it enacted by the Senate and House of Representa- 
tives, in Gene?'al Court assembled, and by the authority of 
the same, as folloios : 

Official acts All acts done by John A. Judd, of Westhampton, in the 

^49^^^d F b° ' county of Hampshire, as a Justice of the Peace within and 
'51,'made valid, for the county of Hampshire, between the sixteenth day 
of December, in the year one thousand eight hundred and 
forty-nine, and the sixteenth day of February, in the year 
one thousand eight hundred and fifty-one, shall be and they 
hereby are made valid and confirmed to the same extent as 
they would have been valid, had he been during that inter- 
val, duly qualified to discharge the duties of the said office. 
[Ajyproved by the Governor, May 5, 1852.] 

Chat) 185 -^^ ^^^ relating to_Notices of Proceedings before Judges of Probate and 
-' " Commissioners of Insolvency. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Act of 1851 re- Sect. 1. The act entitled " An Act relating to Notices of 
pealed. Proceedings before Judges of Probate and Commissioners 

of Insolvency," passed in the year one thousand eight hun- 
dred and fifty-one, is hereby repealed. 
No title to real Sect. 2. No title to real estate, depending upon any 
fnl^on any w- ^^^^'''s niadc by judgcs of probate or commissioners of in- 
ders of judge of solvency siuce the passage of said act, shall be affected by 
shaiTbe affect- reason of any failure or omission to comply with the re- 
ed, &c. quirements thereof. ^Approved by the Governor, May 5, 
1852.] 

Chaj). 186 -^^ ^^^ "^ regard to Obstructing Engines or Carriages on Railroads. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

For obstruc- Sect 1. Every person who shall wilfully do, or cause to 
tion ten days be douc, anything in such manner as to obstruct any engine 

solitary con- .^ •' P m j x i j^u 

finement and or Carnage passing upon any raihoad, or to endanger the 
hard labor for safety of persous coiivcyed in or upon the same, or shall 
in Statue prfsor. aid or assist therein, shall be punished by solitary imprison- 
ment in the State prison not exceeding ten days, and by 
confinement afterwards in said prison, at hard labor, not 
exceeding twenty years. 



1852. Chap. 186—188. 133 

Sect. 2. Every person who shall wilfully do, or cause Act with in- 
to be done, anythins: with intent to obstruct any engine or ^enttoob- 

.*' ~ ., , .,,.•' " struct, impns- 

caiTiage passing upon any railroad, or with intent to en- onment five 
danger the safety of persons conveyed in or upon the same, prfj^n" f fi^^^ 
or who shall aid or assist therein, shall be punished by im- of ^500. 
prisonment in the State prison not more than five years, or 
by fine not exceeding five hundred dollars and imprison- 
ment in the county jail not more than one year. 

Sect. 3. All laws inconsistent with this act are hereby inconsistent 
repealed, except that liabilities incurred and proceedings acts repealed, 
pending shall not be afl'ected, and this act shall take effect 
from and after its passage. [Approved by the Governor, 
May 5, 1852.] 

An Act concerning the Support of Defendants committed to Prison under QJian, 187 
the provisions of the forty-ninth chapter of the Revised Statutes. ^ ' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The act entitled " An Act concerning prosecu- complainant 
tions for the maintenance of Bastard Children," passed in ^haii not be 
the year one thousand eight hundred and fifty-one, shall gfve security 
not be so construed as to require the complainant in any ^°^ supporting 
case to pay or give security for the support of the defend- prison, nor de- 
ant, when he is committed to prison by virtue of the provi- fendant be dis- 

-^ ch&rffpQ tor 

sions of the forty-ninth chapter of the Revised Statutes ; want of such 
nor shall such defendant be discharged from imprisonment P^y^^s^^^^^y- 
by reason of payment or security not being made or given 
for his support. 

Sect. 2. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor, May 5, 1852.] 

An Act relatinor to the calling a Convention of Delegates of the People, nhnvi 1 gft 
for the purpose of Revising the Constitution. J^' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The inhabitants of the several cities, towns, Meet on 2d ^ 
districts, and places within this Commonwealth, qualified J^^£^nexT.°' 
to vote for senators or representatives in the General Court, 
shall, on the second Monday of November next, at the 
meetings to be then held in the several cities and towns in 
the Commonwealth, for the choice of governor, lieutenant- 
governor, senators, and representatives in the General Court, 
an article for this purpose being inserted in the warrants 
calling said meetings, give in their votes by ballot on this 



134 



1852. Chap. 188. 



Governor 
make known 
by proclama- 
tion result of 
election. 



question : " Is it expedient that delegates should be chosen, 
to meet in convention, for the purpose of revising or altering 
the constitution of government of this Commonwealth?" 
And the vote upon said question shall be in open meeting, 
and the votes in the several cities and towns in the Com- 
monwealth shall be received, sorted, counted, declared, and 
transmitted to the secretary of the Commonwealth, in the 
same manner as the votes for governor, lieutenant-governor, 
and senators are now received, sorted, counted, declared, 
and transmitted, by the constitution and laws of the Com- 
monwealth ; and all returns not thus made shall be rejected 
in the counting. And the governor and council shall open 
and examine the returns, made as aforesaid, and count the 
votes given on the said question ; and the governor shall, 
by public proclamation, to be made on or before the first 
Wednesday in January next, make known the result, by 
declaring the number appearing in favor of choosing dele- 
gates for the purpose aforesaid, and the number of votes 
appearing against the same ; and if it shall appear that a 
majority of the votes, given in and returned as aforesaid, 
are in favor of choosing delegates as aforesaid, the same 
shall be deemed and taken to be the will of the people of 
the Commonwealth, that a convention should meet accord- 
ingly ; and in case of such majority, the governor shall call 
upon the people to elect delegates to meet in convention, 
in the manner hereinafter provided. 

Sect. 2. If it shall be declared by the said proclamation 
that the majority of votes, as aforesaid, is in favor of choos- 
ing delegates, as above-mentioned, the inhabitants of the 
several cities and towns within the Commonwealth, now 
entitled any one year to send one or more representatives 
to the General Court, shall, on the first Monday of March, 
in the year one thousand eight hundred and fifty-three, 
assemble in their several meetings, to be duly notified by 
warrant from the selectmen of the several towns, and the 
mayor and aldermen of the several cities, and shall elect 
one or more delegates, not exceeding the number of repre- 
sentatives to which each town or city was entitled last 
year, it being the year in which the valuation of estates in 
the Commonwealth was settled, to meet delegates from 
other towns and cities in convention, for the purposes here- 
inafter expressed. And at such meetings of the inhabitants, 
every person entitled to vote for representatives in the Gen- 
t'i'ves^marvote eral Court, shall have a right to vote in the choice of dele- 
gates, and the same officers, in the several cities and towns 
in the Commonwealth, shall preside at such elections, as 
now preside in the choice of representatives to the General 
Court ; and the votes for said delegates shall be received, 



Persons en- 
titled to vote 



f ir delegates, 
&c. 



1852. Chap. 188. 135 

sorted, counted, declared, recorded, and copies thereof de- 
livered to the delegates chosen, in the same manner as is 
now provided for in the case of representatives to the Gen- 
eral Court. And all laws now in force, regulating the duty Laws reguiat- 
and conduct of town and city officers, sheriff's, masristrates, "]p ^^^y. °^ 
and electors, in the election of governor, lieutenant-governor, tion of Gover- 
senators, and representatives, shall, as far as applicable, ^°'' *'^- 
apply, and be in full force and operation, as to all meetings 
holden, and elections and returns made, under this act, or 
which by this act are required to be holden or made, and 
upon the like forfeitures and penalties. 

Sect. 3. The persons so elected delegates shall meet in Delegates 
convention in the State house, in Boston, on the first hlfusVfirst*^^*^ 
Wednesday in May, in the year one thousand eight hun- Wednesday in 
dred and fifty-three ; and they shall be the judges of the *^" 
returns and elections of their own members, and may ad- 
journ from time to time ; and one hundred of the persons 
elected shall constitute a quorum for the transaction of 
business ; and they shall proceed as soon as may be to or- 
ganize themselves in convention, by choosing a president 
and such other officers as they may deem expedient, and 
by establishing proper rules of proceeding ; and when or- 
ganized, they may take into consideration the propriety and 
expediency of revising the present constitution of govern- 
ment of this Commonwealth, or the propriety and expe- 
diency of making any, and if any, what alterations or 
amendments, in the present constitution of government of 
this Commonwealth. And such alterations or amendments. Alterations to 
when made and adopted by the said convention, shall be to peo^e. ^ 
submitted to the people for their ratification and adoption, 
in such manner as the said convention shall du-ect ; and if 
ratified by the people in the manner directed by the said 
convention, the constitution shall be deemed and taken to 
be altered or amended accordingly ; and if not so ratified, 
the present constitution shall be and remain the constitution 
of government of this Commonwealth. 

Sect. 4. The said convention shall establish the pay or Expense of 
compensation of its officers and members, and the expense session. 
of its session ; and his excellency the governor, by and with 
the advice and consent of the council, is authorized to draw 
his warrant on the treasury therefor. 

Sect. 5. The secretary of the Commonwealth is hereby Secretary of 
directed forthwith after the passage tliereof, to transmit inU copies"&c' 
printed copies of this act to the selectmen of each town, 
and the mayor and aldermen of each city, within the Com- 
monwealth ; and whenever the governor shall issue his 
proclamation, calling upon the people to elect delegates to 
meet in convention as aforesaid, the said secretary shall 



136 1852. Chap. 188—189. 

also immediately thereafter transmit printed copies of 
said proclamation, attested by himself, to the selectmen 
of each town, and the mayor and aldermen of each city 
in the Commonwealth. [Approved by the Governor, May 
7, 1852.] 

Chap. 189 An Act in addition to the several Acts for the relief of Insolvent Debtors, 
and the more equal Distribution of their Effects. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Any creditor Sect. 1. In case any creditor of an insolvent debtor 
prevented from shall be disabled by absence from the Commonwealth, 
ciaimmay do it sickness, or in any other manner from proving his claim, 
by agent or at- guch claim may be proved by any agent or attorney of such 
oi^^y- creditor, acting in his behalf, in such manner as shall be 

satisfactory to the commissioner. 
Oath of such Sect. 2. Instead of the oath required by the provisions 
agent or att'y. ^f ^^^ q^^^ entitled " An Act in addition to the several Acts 
for the relief of Insolvent Debtors and the more equal Dis- 
tribution of their Effects," passed in the year one thousand 
eight hundred and forty-eight, such agent or attorney shall 
make oath that, to the best of his knowledge and belief, the 
allegations in said section required to be sworn to are true. 
And the commissioner may require such fm-ther proof, and 
hear such further evidence in relation to the truth of said 
allegations as he shall deem expedient. 
Where any Sect. 3. Where any bill of exchange, promissory note, 

bill, note, or ^^ other instrument which has been used as proof of a debt 

other proof of . /. • i i i i i in 

debt has been against the estate of an insolvent debtor, has been or shall 

'^roba'te'^ office ^^ returned into the probate office in any county, the regis- 

register may ' tcr of probate may deliver such bill, note, or other instru- 

peison wh^^*° ment, to the person who proved such debt, on such person's 

proved such filing in the probate office a copy of such bill, note, or in- 

^^^^- strument attested by the said register ; and it shall be the duty 

of said register before giving up any such paper to make a 

memorandum upon it, stating the name of the party against 

whose estate it has been proved, and the amount of any 

dividend which may have been declared on the same, and 

the time when it was declared : provided, further, that 

No proof of nothing herein contained shall make it necessary for any 

left'^i't^h com- creditor proving a claim against the estate of any insolvent, 

missioner. to leave the proofs of his claim with the commissioner. 

[Approved by the Governor, May 7, 1852.] 



1852. Chap. 190—191. 13t 

An Act in addition to an Act to incorporate the Union Mutual Marine Chat) 190 
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 Union Mutual Marine Insur- 
ance Company, approved on the twenty-fourth day of April 
of the present year, shall take eflect from and after the pas- 
sage of this act. [Approved by the Governor, May 7, 1852.] 

An Act to regulate the use of Steam-Engines. Chat). 191 

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 mayor and aldermen of any city, and the Mayor and ai- 
selectmen of any town, or any person by them authorized, dermen of any 
may, after notice to the parties interested, examine any men oi^.nj'^ ' 
steam-engine in such city or town, and for that purpose t"^"^ ™*y» ^f- 

ter notice to 

may enter any house, shop, or building : and if, after such the parties, en- 
examination, it shall appear probable that the use of such }^^ ^"^^ buiid- 

r A^ • i 1 J ins to examine 

engine is unsaie, they may issue a temporary order to sus- a steam-en- 
pend the use thereof; and then, after giving the parties sine. 
interested, so far as they may be known, an opportunity to ^^^orfry sus- 
be heard if they shall adjudge such steam-engine unsafe or pension. 
defective, or unfit to be used, thev may pass a permanent If judged un- 

s^ie order oi 

order prohibiting the use thereof until it shall be rendered prohibition 
safe ; and if such steam-engine shall be used after the pas- "^^^ ^^ issued. 
sage of such temporary order until the final adjudication ^^ ^g^g^Jj^gl 
thereon, or after such final adjudication and order, until it common nui- 
shall be rendered safe, contrary to either of such orders, and ^^^°^- 
after notice thereof to the owner or person having charge 
thereof, such engine shall be deemed and taken to be a 
common nuisance without any other proof thereof than its 
use. 

Sect. 2. Said mayor and aldermen, and selectmen, shall Mayor and ai- 
have the same power and authority to abate and remove geie^tmen'^*^ 
any such steam-engine, erected or used contrary to the fore- shall have 
going provisions, as are given to the board of health in the power to abate 
tenth and eleventh sections of the twenty-first chapter of 
the Revised Statutes. [Approved by the Governor., May 7, 
1852.] 

18 



138 



1852.- 



-Chap. 192. 



Corporators. 



Duties, liabili- 
ties, &c. 



Location of 
road. 



Chap. 192 -^^ ^^^ to incorporate the Horn Pond Branch Railroad Company. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by ike authority of 
the same, as folloivs : 

Sect. 1. Jacob Pierce, Bowen Buckman, Adolphus Da- 
vis, their associates and successors, are hereby made a cor- 
poration by the name of the " Horn Pond Branch Railroad 
Company," with all the powers and privileges, and subject 
to all the duties, restrictions, and liabilities, contained in the 
fort>'-fourth chapter of the Revised Statutes, and in that 
part of the thirty-ninth chapter of said statutes relating to 
railroad corporations, and in all general laws which are now 
or may be hereafter in force respecting railroads in this 
Commonwealth. 

Sect. 2. The said corporation is hereby authorized and 
empowered to locate, construct, and maintain a railroad 
with one or more tracks, commencing at a point on the 
easterly side of Horn pond in the town of Woburn, in the 
county of IVIiddlesex, thence running in an easterly and 
southerly direction through land of Richardson and others 
to and intersecting the Woburn Branch Railroad at a 
point about midway between the Woburn station and 
the Winchester station. Or commencing at said pomt 
near Horn pond and running in a southerly direction on or 
near the banks of the Middlesex canal to and intersecting 
the Lowell Railroad at a point near the town line of Win- 
chester and Medford, in the town of Winchester, and to use 
the same or any part thereof according to the provision of 
law. 

Sect. 3. The said corporation is hereby authorized and 
empowered to alter the route of said railroad from said 
point of beginning around Horn pond or any part thereof, 
and to any point on the Woburn Branch Railroad or Lowell 
Railroad: provided, the consent of the owners of land, 
through which said route shall pass, be obtained. 

Sect. 4. The capital stock of said corporation shall 
consist of not more than four hundred shares, the number 
of which shall be determined from time to time by the 
directors of said corporation, and no assessment shall be 
levied thereon of a greater amount in the whole than one 
hundred 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 for the purposes of their incorporation. 
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. 



Authorized to 
alter route. 



Provided, S^c. 



Stock not over 
400 shares, not 
to be assessed 
over ^100. 



Power to hold 
real and other 
estate. 



No shares is- 
sued under 
par. 



1852. Chap. 192—193. 139 

Skct. 5. Said corporation is authorized and empowered Authorized to 
to sell and transfer the franchise and property of said cor- of Wob^rn^^^ 
poration to the Lowell Railroad, or Woburn Branch Rail- Railroad Com- 
road Corporation. P'^'^y- 

Sect. G. Said corporation is hereby authorized to enter Mayunitewith 
upon and unite their railroad by proper means with the ^anclTor 
Woburn Branch Railroad or Lowell Railroad as aforesaid, Lowell Raii- 
and also to use said Woburn Branch Raiboad and Lowell ^ ' 
Railroad, paying therefor such rate of toll as may be Terms, 
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- General Court 
pany to enter with another railroad upon and use said Horn !nher^road"\o 
Pond Branch Railroad or any part thereof, by complying enter, 
with such reasonable rules and regulations as the said Horn 
Pond Branch Railroad Company may prescribe, or as may 
be determined by the provisions of law. 

Sect. 8. If the location of said railroad as provided for Location to be 
in the second section be not filed according to law within f^o'^y^ars^'^ 
two years, and if said railroad be not constructed within four constructed 
years from the passage of this act, this act shall be void. withm four. 

Sect. 9. This act shall take effect from and after its 'i'akes effect. 
passage. [Approved by the Governor^ May 1^ 1852.] 

An Act to incorporate the Boston Baptist Bethel Society. Chap. 193 

Be it enacted hy the Senate and House of Represeiita- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Simeon H. Lewis, William Hunter, John L. Corporators. 
Andrews, and George W. Chipman, their associates and 
successors, are hereby made a corporation by the name of 
the Boston Baptist Bethel Society, with all the powers and 
privileges, and subject to all the duties and liabilities inci- 
dent to religious societies in this Commonwealth. 

Sect. 2. Said corporation may hold real and personal Capital, 550,- 
estate, or either, to an amount not exceeding fifty thousand ^'^^• 
dollars : provided, the income thereof shall be applied to 
parochial purposes, except so much of said income as may income, how 
be needed to pay the principal and interest of any sums of ^^P '^ " 
money which may be hired on mortgage of the real estate 
of said society, or otherwise. 

Sect. 3. This act shall take effect from and after its Takes effect. 
passage. [Approvcd.by the Governor, May 7, 1852.] 



140 1852. Chap. 194—195. 

Chap. 194 An Act authorizing' Jedediah Wood to construct a Railway Track across a 

Highway in the Town of Marlborough. 

Be it enacted hy the Senate and House of Representa- 
tives^ in General Court assembled, and hy the authority of 
the same, as follows : 

Location of Sect. 1. Jedediah Wood, his successors and assigns, 

track. g^yg hereby authorized to lay a track across the county road, 

leading from Berlin to Boston, near the present terminus of 
the Fitchburg Railroad Company's Branch Railroad in the 
village of Feltonville, so called, in the town of Marlbo- 
rough, so that the said track may connect with the track of 
the said branch railroad. Said track across said county 
road is to be under the management and control of the said 
Fitchbm-g Railroad Company. 
To be laid un- Sect. 2. The track above named shall be laid under the 
of selectmen of direction, and to the satisfaction of the selectmen of the 
Marborough, towu of Marlborough and the Fitchburg Railroad Coni- 
Raiiroad Com^ V^^J^ ^^^^ shall be discontinued whenever the Fitchburg 
pany. Railroad Company shall so order. Said Wood, his sue- 

Maybe discon- cessors and assigns, are to keep said crossing in good repair 
Shall be kept within the limits of said county road ; and the Fitchburg 
in repair by Railroad Company are not to be liable for any accidents 
F-^^Kh°°'^ that may happen on said crossing. No steam-engine is to 
Railroad Com- be allowed to pass over said crossing. [Approved by the 
pany not lia- Govemor, May 7, 1852.1 

ble, &c. 7 v/ J J 

ChaX) 1 95 ^^ ^^^ ^° authorize the Manufacture of Silk and other goods. 

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 relat- -^^y corporation that has been or may hereafter be organ- 

ing to Joint- ized either under a special act of incorporation or under the 

Dies' extended' ^ct entitled " All Act relating to Joint- Stock Companies," 

to the manu- being chapter one hundred and thirty-three of the laws of 

lin'en^flrxfor ' eighteen hundred and fifty-one, for the manufacture of 

India-rubber cotton or woollen goods, is hereby authorized to carry on the 

^^° ^' manufacture of silk, linen, flax, or india-rubber goods : 

Proviso. provided, four fifths of the stockholders of such corporation 

shall by vote at a special meeting called for that purpose 

consent to the same. [Approved by the Governor, May 7, 

1852.1 



1852. Chap. 196—197. 141 

An Act to establish an additional District for the administration of the CJiap. 196 

Criminal Law. ^ ' 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. For the administration of the criminal law in Worcester 
this Commonwealth, the county of Worcester shall consti- county to be 

•/ oriG district 

tute a separate district, which shall be called the middle called middle 
district. district. 

Sect. 2. The county of Plymouth shall be added to the Plymouth 
district heretofore called the middle district ; and the name added^to^form- 
of said district shall be changed to the southeastern dis- er middle dis- 

. • X trict, to be 

^^^'-'^' ^ _ called " south- 

Sect. 3. The governor, with the advice and consent of east district." 
the council, shall appoint some suitable person, who shall Governor and 
reside in said county of Worcester, to be district-attorney appohlt a'dis- 
for the district created by the first section of this act, who trict-attomey. 
shall perform the like duties therein as are now required by 
law to be performed by the other district-attorneys in their 
respective districts ; and whose term of office shall be the 
same as that of other district-attorneys. 

Sect. 4. The district-attorney so appointed, shall receive Salary ^800. 
an annual salary of eight hundi'ed dollars, to be paid to him 
out of the treasury of the Commonwealth in equal quarterly 
payments, in full for all services rendered by him. And 
the district-attorney for the district, the name of which is 
hereby changed to the southeastern disti'ict, shall hereafter 
receive a salary of eight hundred dollars, instead of that 
now provided by law. 

Sect. 5. This act shall take effect from and after the tenth xakes effect, 
day of May next. [Approved by the Governor, May 7, 1852.] 

An Act further to protect Trade-Marks. Chan 197 

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 use any peculiar names, letters, marks, supreme judi- 
devices, or figures, printed, cut, stamped, cast, or engraved ^gstrTin pe^^^ 
upon, or in any manner attached to or connected with any sons fraudu- 
article manufactured by him, to designate it as his manu- |^g*)^a"kTlnd 
facture, the supreme judicial court shall have jurisdiction devices of oth- 
in ecjuity to restrain by injunction any person who shall ^''^• 
fraudulently use the same, or any similar names, letters, 
marks, devices, or figures, for the purpose of falsely repre- 
senting any article to be manufactured by the person 
rightfully using such names, letters, marks, devices, or 



142 



1852. 



-Chap. 197—198. 



Persons injur- figures ; and the party whose rights have been infringed 
damae^er&c.^'^ ^^ay, in any action of tort, also recover any actual damages 
which he may have suffered in consequence of the use of 
his trade-marks by the defendant. [Approved by the Gov- 
ernor^ May 7, 1852.1 



Chap. 198 



Corporators. 



Duties, privil- 
eges, &c. 



May hold real 
estate j?200,- 
000. 
Whole capital 

^300,000. 

With consent 
of mayor and 
aldermen may 
open ground 
in streets, &c. 



Held to put 
the same in 
repair. 
Proviso. 



No stock is- 
sued under 
par. 



Takes effect. 



An Act to incorporate the Roxbury 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 : 

Sect. 1. Samuel Guild, Alvah Kitredge, and John H. 
Blake, their associates and successors, are hereby made a 
corporation by the name of the Roxbury Gas-Light Com- 
pany, for the purpose of manufacturing and selling gas in 
the city of Roxbury; with all the powers and privileges, 
and subject to all the duties, liabilities, and restrictions, set 
forth in the thirty-eighth and forty-fourth chapters of the 
Revised Statutes. 

Sect. 2. Said corporation may, for the purpose afore- 
said, hold real estate not exceeding in value two hundred 
thousand dollars, and the whole capital stock shall not ex- 
ceed three hundred thousand dollars. 

Sect. 3. Said corporation, with the consent of the 
mayor and aldermen of the city of Roxbury, shall have 
power and authority to open the ground in any part of the 
streets, lanes, and highways in the said city, for the purpose 
of sinking and repairing such pipes and conductors as it 
may be necessary to sink for the purpose aforesaid ; and 
the corporation, after opening the ground in such streets, 
lanes, and highways, shall be held to put the same again 
into repair, under the penalty of being prosecuted for a 
nuisance. Provided, that the said mayor and aldermen for 
the time being shall at all times have the power to regulate, 
restrict, and control the acts and doings of the said corpo- 
ration, which may in any manner aifect the health, safety, 
or convenience of the inhabitants of said city. 

Sect. 4. 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. 

Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, May 7, 1852.] 



1852. Chap. 199—202. 143 

An Act in relation to District School-Houses. Chav. 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 : 

The provisions of an act entitled " An Act concerning 
district school houses," passed in the year one thousand 
eight hundred and fifty, shall apply equally to the lands 
connected with said school houses and the apparatus and 
other property owned by the districts and used for school 
purposes. [Approved by the Governor, May 7, 1852.] 

An Act in addition to an act to establish the office of Assistant Clerk of Ch(in. 200 
the Courts in the County of Worcester. •* * 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The assistant clerk of the courts in the county Salary ^1200 ; 
of Worcester, shall receive for his services as assistant clerk '^"^ P*^"^- 
of said courts, the sum of twelve hundred dollars a year, to 
be retained and paid to him by the clerk of said courts, 
from the residue of fees which he is now required to pay 
to the county treasurer. 

Sect. 2. So much of the act to which this is in addi- Act repealed. 
tion, as is inconsistent with this act, is hereby repealed. 

Sect. 3. This act shall take effect from and after its Takes eftect. 
passage. [Approved by the Governor, May 7, 1852.] 

An Act extending the time for locating the Providence and Bristol Chap. 201 
Railway. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sarne, as folloivs : 

The time for locating the Providence and Bristol Uailway, Time extended 
is hereby extended two years from the first day of May in fi7sVo7May!™ 
the year one thousand eight hundred and fifty-two. [Ap- 
proved by the Governor, May 7, 1852.] 

An Act concerning the Vermont and Massachusetts Railroad Company. Chap. 202 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Vermont and Massachusetts Railroad be^widened ia 
Company is hereby authorized to widen its location on the Fitchburg m 

1 1- 1 • 1 • 1 r TT 11 1 i J.1 1 X manner speci- 

public highway in the town of 1^ itchburg, between the depot fied. 



144 



1852. 



-Chap. 202—204. 



No duties, lia- 
bilities, &c., 
diminished 
hereby. 



grounds of the Vermont and Massachusetts Railroad Com- 
pany and of the Fitchburg Raikoad Company, so far as to 
include all the tracks as they are now laid down on said 
highway, between the present passenger and freight houses 
of said Fitchburg Railroad Company. 

Sect. 2. This act shall in no way diminish the duties, 
liabilities, and responsibilities of said Vermont and Mas- 
sachusetts Railroad Company, concerning raikoad crossings. 
[Approved by the Governor^ May 7, 1852.] 



An Act to incorporate the Asiatic Mutual Marine Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Benjamin L. Allen, Gardiner G. Hubbard, and Sanford 
M. Hunt, their associates and successors, are hereby made a 
corporation by the name of the Asiatic Mutual Marine 
Insurance Company, in Boston, for the term of twenty 
years, for the purpose of making maritime loans and insur- 
ance against maritime losses, on the principle of mutual 
insurance, with all the powers and privileges, and subject to 
ties, liabilities, ^\\ ^]^g dutics, liabilities, and restrictions, set forth in an act 
of 1842, &c. entitled " An Act concerning Insurance Companies," passed 
in the year one thousand eight hundred and forty-two, and 
in all subsequent acts relating to mutual marine insurance 
companies. [Approved by the Governor, May 7, 1852.] 



Chap. 203 



Corporators. 



Term, twenty 
years. 



Powers, du- 



Chap. 204 



Rights, inter - 



An Act in relation to the Allegash Dam 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 same rights and interests are hereby granted to the 
ests, &c.,same Allcgash Dam Company as are granted to the said company 
iSoT. ^^ by an act entitled " An Act to incorporate the Allegash 

Dam Company," passed by the Legislatm'e of Maine in the 
year one thousand eight hundred and fifty-one, in and to 
the block of land near the Allegash Falls in the State of 
Maine, and on which the same are situated, which was 
reserved from sale by this Commonwealth, and said State, 
for the purpose of improving the navigation of said falls, 
for running timber and logs over the same : provided, said 
company shall have no right to raise the price of tolls over 
their dam, above the rate named in said act of incorpora- 
tion. [Approved by the Governor, May 1, 1852.] 



Company no 
right to raise 
toUs, &c. 



1852. Chap. 205—207. 145 

An Act to authorize the New London, Willimantic, and Palmer Railroad Chcil). 205 
Company to subscribe to the Capital Stock of the Amherst and Bel- -^ * 

chertown Railroad Company. 

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 New London, Willimantic, and Palmer Railroad May subscribe 
Corporation are hereby authorized to subscribe to the ^i^'^'^oo. 
capital stock of the Amherst and Belchertown Railroad 
Company, to an amount not exceeding one hundred thou- 
sand dollars: provided, this act shall not take effect until "When act ac- 
the same shall have been accepted by a vote of three fourths fourths^ of^'he 
of the stockholders of said New London, Willimantic, and stockholders 
Palmer Railroad Corporation ; and of said Amherst and ^^^^^^^ compa- 
Belchcrtown Railroad Corporation, voting at a meeting 
of each corporation called for that purpose. [Approved by 
the Governor, May 11, 1852.] 

An Act relating to Widening and Straightening Little River Bridge in the Chap. 206 
Town of Haverhill. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The county commissioners of Essex county County com- 
are hereby empowered, if in their opinion the public con- missioners 
venience and necessity require the same, to widen and straighten,' 
straighten the bridge across Little River in the town of ^'*^» ^^ ^P®''^' 
Haverhill, in said county, connecting Washington street 
and Merrimack street. 

Sect. 2. This act shaH take effect from and after its Takes effect, 
passage. [Approved by the Governor, May 13, 1852.] 

An Act authorizing the organization of a corporation by the name of tlie ChciV- 207 
Holyoke Company. ■'■ 

Be it enacted by the Senate ajid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. George W. Lyman, James K. Mills, Samuel Corporators. 
A. Elliot, William Sturgis, Ignatius Sargent, and Charles 
H. INIills, and their associates, are hereby authorized to 
organize a corporation by the name of the Holyoke Com- 
pany, for the purpose of manufacturing cotton, woolen, cot^on?wo"o^ 
and linen fabrics, in the town of Holyoke in the county of en, and linen 
Hampden, according to the provisions of the one hundred lasdTha^pte", 
and thirty-third chapter of the acts of the year one thou- I85i. 
19 



146 



1852. 



-Chap. 207—208. 



sand eight hundred and fifty-one, entitled " An Act re- 
lating to Joint- Stock Companies," with a capital stock of 
Capital stock not less than two hundred thousand dollars nor more than 
to°^i,ooolooo!^ one million dollars, anything in said act to the conti-ary 

notwithstanding. 
Takes effect. Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor^ May 13, 1852.] 



Chap. 208 



Corporators. 



Rights, privi- 
leges, liabili- 
ties, &c. 



May hold real 
and personal 
estate. 

Capital stock 
j?100,000. 

No shares less 
than par value. 

With consent 
may sink and 
repair pipes 
and conduc- 
tors in any 
street, &c., as 
specified. 



Selectmen may 
regulate, &c., 
as to health, 
safety, conve- 
nience. 



Takes effect. 



An Act to incorporate the " Fitchburg Gas Company." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Ivers Phillips, Oliver A. Farwell, and George 
Odiorne, their associates and successors, are hereby made 
a corporation by the name of the Fitchburg Gas Company, 
for the purpose of erecting gas works and manufacturing 
gas in the town of Fitchburg, in the county of Worcester, 
and supplying said town and the citizens thereof with 
the same, with all the rights and privileges, and subject to 
all the duties, liabilities, and restrictions, set forth in the 
thirty-eighth and forty-fourth chapters of the Eevised Stat- 
utes. 

Sect. 2. Said corporation may take and hold such real 
and personal estate as may be necessary for the purposes 
aforesaid ; but the capital stock of said company shall not 
exceed one hundred thousand dollars ; and no shares in the 
capital stock shall be issued for a less sum or amount, to be 
paid in on each, than the par value of the shares first issued. 

Sect. 3. The said corporation, with the consent of the 
selectmen of the said town, shall have power and authority to 
open the ground in any part of the streets, lanes, and high- 
ways of the said town, for the purpose of sinking and re- 
pairing such pipes and conductors, as it may be necessary 
to sink for the purpose aforesaid ; and the said corporation, 
after opening the ground in such streets, lanes, and high- 
ways, shall be held to put the same again in repair under 
the penalty of being prosecuted for a nuisance : provided, 
that the said selectmen for the time being shall at all times 
have the power to regulate, restrict, and control the acts 
and doings of the said corporation which may in any man- 
ner affect the health, safety, or convenience of the inhabi- 
tants of said town. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, May 13, 1852.] 



1852. Chap. 209. 147 

An Act concerning Returns of Elections. Chan 209 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. It shall be the duty of the mayor and aldermen Mayor, aider- 
and the clerk of each city in the Commonwealth, to exam- ^^"1 examine'' 
ine, as soon as may be after any election, the returns made returns soon, 
by the returning officers of each ward in such city, of the require new^e- 
results of the election in said ward ; and if any manifest turns under 
error shall appear therein, in the form of the return, the °^ * 
mayor and aldermen shall forthwith give notice to said 
ward officers of the error or deficiency in the form of said 
return ; and it shall be the duty of said ward officers forth- 
with to make a new and additional return, under oath, in 
conformity to the truth in the case, which additional re- 
turn, whether made upon such notice, or by the officers of other reguia- 
any ward without such notice, shall be received by the {o°"eturis!'°^ 
mayor and aldermen or clerk of said city, at any time before 
the expiration of the day next preceding the day on which, 
by law, they are required to make their returns, or to de- 
clare the results of said election in said city ; and all the 
original and additional returns, so made, shall be examined 
by the mayor and aldermen, and shall be made part of their 
returns of the results of such election. And in counting 
the votes in any election, no returns shall be rejected where 
the whole number of votes given for any ollicer or repre- 
sentative voted for, and the whole number of votes given 
for each candidate voted for, can be ascertained from such 
returns. 

Sect. 2. When returns of elections from any town are When return 
received at the office of the secretary of the Common- se^retary^Com- 
wealth, not sealed up as by law required, the secretary monwealth 
shall forthwith give notice thereof to the returning officers l^^^ to^rem'rn'- 
of said town ; and upon the receipt of said notice, said re- ing officers, 
turning officers shall make a copy of their record of the votes ^^^^ ^^^ 
cast at said election, and shall make oath to the correctness transmit a 
of said copy ; and shall transmit the same to the said secre- sealed up.^ ' 
tary, sealed up as is required by law in the case of the original 
returns. And if, upon the opening of said copy of the re- 
cord, by the governor and council, by the Legislature, or by 
any person or persons duly authorized to open the returns 
and count the votes, the original return shall be found in 
substantial conformity with the copy of the record returned 
as aforesaid, then said original return shall not be rejected 
because of the informality before-mentioned : provided, that 
said copy of the record shall have been received by the said 
secretary before the expiration of the day next preceding 



148 1852. Chap. 209—210. 

that on which, by law, the returns of said elections are to be 
opened and the votes counted. [Approved by the Governor^ 
May 13, 1852.] 

Chan. 210 -^^ ^^^ ^°'' supplying the Town of Pittsfield with Pure Water. 

Be it enacted by the Senate and House of Representa- 
tives^ in Ge7ieral Court assembled, and by the authority of 
the same, as follows : 

Pittsfield fire Sect. 1. The Pittsfield fire district is hereby authorized, 
district au- \yy ^Lwdi through tlic ageucy of three commissioners, to be 
threcT^comrnis- appointed in the manner hereinafter provided, to take, hold, 
sionerstotake, ^nd couvey to, into, and through the village of Pittsfield, 
convey, c. ^^^ water of Lanckton or Ashley pond, so called, in the town 
Lanckton or of Washington, and the waters which may flow into and 
and waters^ from the Same, and any water-rights connected therewith ; 
connected, and and Said district may also take and hold, by purchase or 

may take and Ji • i j. x r ^ ■ t • 

hold real estate Otherwise, any real estate necessary for laying and mam- 
as specified, taiiiing aqueducts for conducting, discharging, disposing of, 
and distributing water, and for forming reservoirs ; and may 
also take and hold any land on and around the margin of 
said Lanckton pond, and also on and around any stream 
flowing from said pond, so far as may be necessary for the 
preservation and purity of the same, for the purpose of fur- 
nishing a supply of water for the town and village of Pitts- 
field, and for public purposes. 
May make one Sect. 2. The said fire district may, by and through the 
d^ '^°'^&'*'^^^ same agency, make and build one or more permanent aque- 
and maintain ducts from the pond aforcsaid to, into, and through the said 
same, with va- viUas^e, and have and maintain the same by any works 

nous other • i i i c • , • -\ , 

acts and pur- Suitable thcretor ; may erect and maintain dams to raise 
poses specified, ^^j^^ retain the waters therein ; may make and maintain 
reservoirs ivithin and without the said village ; may make 
and estabhsh public fountains, and such public hydrants, in 
such places as may from time to time be deemed proper, 
and prescribe the purposes for which they may be used, and 
may change or discontinue the same, may distribute the 
water throughout the village, may regulate the use of said 
water, and establish the prices or rents to be paid therefor. 
And the said fire district may, for the purposes aforesaid, 
carry and conduct any aqueducts or other works, by them 
to be made and constructed, over or under any water-course, 
street, turnpike-road, railroad, highway, or other way, in 
such manner as not to obstruct or impede travel thereon, 
and may enter upon and dig up any such road, street, or 
way, for the purpose of laying down pipes beneath the sur- 
face thereof, and for maintaining and repairing the same ; 



1852. Chap. 210. 149 

and may do any other things necessary and proper in exe- 
cuting the purposes of this act. 

Sect. 3. Three commissioners shall be chosen by the Commission- 
said fire district by ballot, who shall, during their continu- ers chosen by 
ance in olhce, execute, superintend, and direct the perform- 
ance and execution of all the works, matters, and things 
mentioned in the preceding sections that are not specially 
otherwise provided for in this act ; they shall be subject to Subject to 
such ordinances, rules, and regulations, in the execution of l""].^® ^"^V?^"' 

,. -1 ,.,1?. "^ . . lations of dis- 

their said ti'ust, as the said district may from time to time trict. 
ordain and establish, not inconsistent with the provisions of 
this act and the laws of this Commonwealth ; they shall ^oid office 
respectively hold their said offices for the term of three uniessr&c!' 
years, next after theii* appointment, unless the works afore- 
said shall be sooner completed ; but they, or either of them, May bercmov- 
after having had an opportunity to be heard in his or their thinfs!^^^ 
defence, may be removed at any time by vote of two 
thirds of the voters present at any legal meeting of the dis- 
trict ; and in case of a vacancy in the board by death. Vacancy may 
resignation, or removal, such vacancy may be filled by the ^® ^^^^'^' 
appointment of another commissioner in manner aforesaid, 
wiio shall hold his office for the residue of the three years, 
with all the powers and subject to the restrictions aforesaid. 
A major part of said commissioners shall be a quorum to 
do business ; they shall once a year, and whenever required Shall make re- 
by a vote of the said district, make and present in writing doings. 
a full and particular statement of all their acts and doings, 
and of the condition and progress of the works aforesaid. 

Sect. 4. Before the appointment of the Commissioners May establish 
aforesaid, the said district shall establish the salaries or ^^^^^i*^^' "^■'^• 
compensation to be paid to the commissioners for their 
services, and the said salaries or rate of compensation so 
established, shall not be altered during their continuance 
in said office. 

Sect. 5. Whenever the office of said commissioner^ When office of 
shall cease, — either by the expiration of said term of three ghXcease^the 
years, or by the completion of the works as mentioned in district shall 
the foregoing sections of this act, — all the rights, powers, rights^powTrl, 
and authority given to the said fire district by this act, shall &c. 
then and thenceforth be exercised by the said fire district, 
subject to the duties, liabilities, and restrictions herein con- 
tained, in such manner and by such officers and agents as 
the said district shall from time to time ordain and direct. 

Sect. G. The said district shall be liable to pay all District liabTe 
damages that shall be sustained by any persons in their a^^es'io'!- land^' 
property, by the taking of any land, water, or water-rights, water, .'i;c. 
or by the constructing of any aqueducts, reservoirs or other 
works for the purposes specified in this act. And if any 



150 



1852. 



-Chap. 210. 



County com- 
missioners 
may assess 
damages in 
case of disa- 
greement. 



Aggrieved 
party may 
have a jury, 
&c. 



Town of Pitts- 
field may issue 
'notes, scrip, 
&c., to amount 
of 5-50,000, in- 
terest semi-an- 
nually. 



To be signed 
by town trea- 
surer and 
chairman se- 
lectmen, and 
recorded. 



Town of Pitts- 
field may as- 
sess sufficient 
to pay princi- 
pal and inter- 
est of scrip, 
&c. 

Penalty for 
diverting or 
corrupting the 
water. 



person who shall sustain damage as aforesaid cannot agree 
with said commissioners upon the amount of said damages, 
he may have them assessed by the county commissioners 
for the county of Berkshire, by making a written application 
therefor within two years after the said water or water- 
rights shall have been taken under this act, and if either 
party be aggrieved by the doings of said commissioners in 
the estimation of said damages, he or they may have said 
damages settled by a jury, and the said commissioners and 
jury shall have the same powers, and the proceedings in all 
respects shall be conducted in the same manner, as is pro- 
vided in chapter t^venty-four of the Revised Statutes with 
respect to highways. 

Sect. 7. For the purpose of paying all costs and ex- 
penses of such estates, waters, and water-rights as shall be 
taken, purchased, or held, for the purposes of this act, and 
for the construction of all works necessary for the accom- 
plishment of the purposes aforesaid, and all expenses inci- 
dent thereto, the town of Pittsfield shall have authority to 
issue from time to time, notes, scrip, or certificates of debt, 
to be denominated on the face thereof " Pittsfield Water- 
Scrip," to an amount not exceeding in the whole the sum 
of fifty thousand dollars, bearing interest at a rate not ex- 
ceeding the legal rate of interest of this Commonwealth ; 
and said interest shall be payable semi-annually, and the 
principal shall be payable at periods not more than thirty 
years from the issuing of said notes, scrip, or certificates 
respectively. All notes, scrip, and certificates of debt to be 
issued as aforesaid shall be signed by the treasurer of the 
town, and countersigned by the chairman of the selectmen 
of the town, and a record of all such notes, scrip, and cer- 
tificates shall be made and kept by the said treasurer ; and 
the said fire district may sell the same or any part thereof, 
from time to time, at public or private sale, or pledge the 
same for money borrowed for the purposes aforesaid, on 
such terms and conditions as the said fire district shall 
judge proper. 

Sect. 8. The town of Pittsfield is hereby fully author- 
ized to assess and collect upon the polls and estate, real 
and personal, in said fire district, all taxes necessary to pay 
the principal and interest of the scrip that shall be sold or 
pledged by the said district as aforesaid. 

Sect. 9. K any person shall use any of the said water 
without the consent of the said district, an action of tres- 
pass on the case, or tort, may be maintained by the said 
district again.st him for the recovery of damages therefor ; 
and if any person shall wantonly or maliciously divert the 
water, or any part thereof, of either the pond or any streams 



1852. Chap. 210--212. 151 

or water courses which shall be taken by the said district, 
pursuant to the provisions of this act, or shall corrupt the 
same, or render it impiu-e, or destroy or injure any dam, 
aqueduct, pipe, conduit, hydi'ant, machinen,-, or other pro- 
perty, held, owned, or used by the said disti-ict by the au- 
thority and for the purposes of this act, every such person 
shall forfeit and pay to the said district three times the 
amount of the damages that shall be assessed therefor, to 
be recovered by any proper action. And any such person, 
moreover, may, on conviction of either of the wanton or May be pnn- 
malicious acts aforesaid, be punished bv fine not exceedinsf ^^^f^ ^^ ^^^ 

'r' J r> and impnson- 

three hundred dollars, and imprisonment not exceeding one ment. 
year. 

Sect. 10. There shall be a legal meeting of the voters Meeting for 
of the said fire district called within four years after the the acceptance 
passage of this act, for the purpose of having the said voters when'^ami'how 
give in their written votes on the question whether they teld, &c. 
will accept this act, and if two thirds of said votes shall be 
in the affirmative, then the selectmen of the town of Pitts- 
field shall warn a meeting of the voters of said town within 
three months after, for the purpose of having said voters 
give in their ^\Titten votes upon the question whether they 
will accept the same, and if r^vo thii'ds of said votes given 
upon the question aforesaid be in the affirmative, then this 
act shall be binding, otherwise it shall be null and void. 
This act shall take effect from and after its passage. [Ap- Takes effect. 
proved by the Governor^ May 13, 1852.] 

An Act respecting Bail Bonds in Civil Actions. Chov. 211 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Any sheriff or deputy sheriff" required to take a bail bond 
in any civil action, may examine on oath, to be administered 
by him, the persons offered as sureties, as to then* sufficiency. 
[Approved by the Governor, May 13, 1852.] 

An Act concerning Trustees. Chap. 212 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sa7ne, as folloics : 

The judges of the supreme judicial court and the judges ju^^gg of su- 
of the several courts of probate in their several counties, preme judicial 
upon application of the parties (other than the trustee) probate'ma^y 
beneficially interested in any trust estate, whether such on application 



152 1852. Chap. 212—218. 

remove a trus- estate be created by deed, indenture, or other instrument, 

po1nt"ano^her ^^^X ^^ ^^^^ desire of such parties, and if it shall appear to 

who shall pos- said judges to be essential to their interests, remove the 

errperform^^" trustee of such estate and appoint a new trustee who shall 

same duties, possess all the powers, and be compelled to perform all the 

duties of the trustee originally appointed: such new 

trustee giving the like bonds and security as are required, if 

any, by the deed, indenture, or other instrument creating 

No trustee the trust estate : provided, that no trustee shall be so removed 

^^ov^d without ^^^^^^ ^® ^^^ ^^d notice of the application for his removal, 

notice, and op- and an Opportunity to be heard and to show cause why 

b°'*^"'h^ar'd such removal should not be made : and provided, also, that 

when such removal is ordered by a judge of probate, there 

be had to su- shall be an appeal from such order to the supreme judicial 

preme judicial court, ill the samc manner as in cases of other orders of 

court* 

such judge of probate. [Approved by the Governor^ May 
13, 1852.] 

Chap. 213 -^^ -^^^ relating to Discharged Convicts. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Af^ent's salary Sect. 1. The agent appointed by an act entitled " An 
j^ooo payable ^^^ relating to Discharged Convicts," passed in the year 
one thousand eight hundred and forty-five, shall receive for 
his services the sum of five hundred dollars per annum, 
payable quarterly. 
Agent to keep Sect. 2. The Said agent shall keep an account of the 
nenditurcs fo^' ™oneys expended by him, for the rent and other necessary 
various objects expenses of his office, for correspondence and travel to pro- 
specified, p^^g employment for discharged convicts, for furnishing the 
clothing, board, and tools, now required of him by law, and 
for conveying discharged convicts to their homes or places 
of employment, when he shall deem it proper to pay there- 
Shall present for, and shall present the same to the State auditor, whose 
account to approval thereof shall entitle said agent to receive pay 
not to exceed tliereior, at the end oi each quarter, irom the treasury ot 
^'J*^t^- the Commonwealth ; but the whole amount so paid him 

for such expenditm-es, shall not exceed five hundred dollars 
in any one year ; and the governor is requested to draw his 
warrant from time to time, for the payment of appropria- 
tions made by this act. 
Warden may Sect. 3. The Warden of the State prison may pay over 
a^entToVbene- ^ ^^^^ ^^^^ agent, to be expended by him for the benefit of 
fit of convictis. the convicts, such sums of money as he is authorized by 
the fifty -third section of the one hundred and forty-fourth 



1852. Chap. 213—215. 153 

chapter of the Revised Statutes, to pay to the convicts 
themselves, in all cases when he shall deem it best for them 
that the expenditure thereof be committed to the agent ; 
and the agent shall account therefor to the State auditor. 

Sect. 4. All acts and parts of acts inconsistent herewith, Acts inconsis- 
are hereby repealed. tent repealed. 

Sect. 5. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, May 13, 1852.] 

An Act concerning Beaches in the City of Lynn. CIlCl'D. 214 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. No person shall carry away or remove, by land No sea-weed to 
or water, any sea-weed from the Long Beach, in the city of wltiTout p^er- 
Lynn, without permission first obtained from the city coun- mission, 
cil of said city, or from some person or persons duly author- 
ized by the said city council to grant such permission. 

Sect. 2. No person shall carry away or remove, by land No sand, 
or water, any sand, stones, gravel, or mud, from the several or^mud^trtTe 
beaches in the city of Lynn, known as King's Beach, Bla- removed. 
ney's Beach, and Whale Beach, without permission first 
obtained, as provided for in the first section. 

Sect. 3. Any person who shall offend against any of the offender liable 
provisions of this act, shall forfeit and pay for each offence *» P^y ,Sf20. 
a sum not exceeding twenty dollars, to be recovered by 
complaint or indictment in any court of competent juris- 
diction, one half for the use of the complainant, the other 
half for the use of said city of Lynn. 

Sect. 4. This act shall take effect from and after its Takes effect, 
passage. [Ajiproved by the Governor, May 13, 1852.] 

An Act in addition to the several acts concerning the First Parish in Chap. 215 

Rowley. ■* " 

Be it enacted by the Senate and House of Representa- 
tives, iji General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The authority given to the First Parish in special au- 
Rowley to assess and collect a tax, and for other purposes fgrred^from^' 
set forth in the act to which this in addition, passed on the First Parish to 
fourth day of March in the year one thousand eight hun- ^e'^.g^jn^^^^; 
dred and twenty-nine, is hereby transferred from said parish territory, who 
to the qualified voters who reside within the territorial fimits ^g^^^f ^nV"' 
of the same, a majority of whom present and voting at a collector. 
meeting duly warned for the purpose, are hereby authorized 
20 



154 1852. Chap. 215—217. 

to elect an assessor and collector, and to exercise all the 

powers heretofore exercised by said First Parish in the 

premises. 
Certain part Sect. 2. So much of Said act passed on the fourth day 

of former act, ^f March in the year one thousand eight hundred and 
repea e . twenty-nine, to which this is in addition, as is inconsistent 

with this act, is hereby repealed. 
Takes effect. Sect. 3. This act shall take effect from and after its 

passage. [Approved by the Governor, May 13, 1852.] 

Chav. 216 -^^ -'^^^ concerning Teachers' Institutes. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sums appro- The sums appropriated to defray the expenses of Teach- 

priatedto grs' Institutes, by an act entitled An Act to establish 

stitutesmay Tcachers' Institutes, passed in the year one thousand eight 

be apportioned hundred and forty-six, and by a resolve entitled A Resolve 

cation.' ^ ^ concerning Teachers' Institutes, passed in the year one 

thousand eight hundred and fifty, may be apportioned in 

such manner as the board of education shall determine : 

provided, that not more than three hundred and fifty dollars 

shall be expended upon any one institute. [Approved by 

the Governor, May 13, 1852.] 

Chan 217 ^^ ^^^ ^'^ incorporate the Third Unitarian Society in Dorchester. 

Be it enacted by the Senate and House of Representa- 
tives, i7i General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. Alexander Pope, James H. Blake, Axel Dear- 
born, their associates and successors, are hereby made 
a corporation by the name of the Third Unitarian Society, 
in Dorchester, with all the powers and privileges, and sub- 
ject to all the duties and liabilities incident to religious 
May hold real societies in this Commonwealth ; with power to hold 
estate, po,- real and personal estate to the amount of fifty thousand 
cWaf pur^poses dollars : provided, the same be appropriated exclusively to 
only. parochial purposes. 

Takes effect. Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, May 13, 1852.] 



1852. Chap. 218—220. 155 

An Act to authorize the First Cong^regational Parish in the Toath of Yar- QJiat). 218 
mouth to sell Ministerial and Parsonage Lands. "' 

Be it enacted hy the Setiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The First Congregational Parish in the town May sell and 
of Yarmouth is hereby authorized to sell and convey by Ministerial*^* 
deed, all the ministerial and parsonage lands belonging to and parsonage 
said parish, situate in said town. ^ ' 

Sect. 2. The said parish may, at any legal meeting ^^ ^ j j 
called for that purpose, choose a committee to make sale of meeting may 
said lands in such way and manner as shall best promote ^°°g| ^°™Jjj_ 
the interest of said parish ; and the committee thus chosen 
shall have authority to execute and deliver deeds accord- 
ingly- 

Sect. 3. The proceeds of the sale of said lands shall be Proceeds in- 
invested in such manner as said parish shall direct ; and H^l appUed^' 
the income arising therefrom shall be applied to the support toward sup- 
of the ministry in said parish. ?;/* °^ '^^°^'- 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, May 13, 1852.] 

An Act to authorize Lewis Crosby, Ansel Lewis, Ferdinand G. Kelly, and Chap. 219 
their associates, 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 : 

Lewis Crosby, Ansel Lewis, Ferdinand G. Kelly, and May build a 
their associates, are hereby authorized to build and main- ^e^Qi™ ^^^' 
tain a wharf from their land in the village of Centreville, 
in Barnstable, and to extend the same into the sea to the 
depth of ten feet of water at low tide, and to lay vessels at 
the said wharf, and to receive dockage and wharfage there- 
for: provided, that this grant shall in nowise impair the 
legal rights of any person. [Approved by the Governor, 
May 13, 1852.] 

An Act concerning the Stonehara Branch Railroad Company. Chap. 220 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The time allowed for the filing of the loca- Time for filing 
tion of the Stoneham Branch Raih-oad, passed in the [Srone' 
year one thousand eight hundred and fifty-one, is hereby year. 



156 1852. Chap. 220—222. 

extended for the period of one year, from the first day of 
May, eighteen hundred and fifty-two. 
Takes effect. Sect. 2. This act shall take effect from and after its 
passage. [Appi-oved by the Governor^ May 13, 1852.] 

Chap. 221 -^^ -^^t to authorize John C. Gibbs, Gardner C. Gibbs, and Setli W. 
-* ' Brown, to extend their Wharf. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Proprietors John C. Gibbs, Gardner C. Gibbs, and Seth W. Brown, 

may extend in- proprietors of a wharf in the town of Somerset, are hereby 

to Taunton ^j.i i -i-n • . tt\ j. 

Great River, authorized to extend and maintain the same into i aunton 
but not impede Qj-eat River, to a distance not exceeding three hundred feet, 
including the present structure : provided, that the said 
wharf shall not extend into the harbor or channel so as to 
impede the navigation of the said river ; and they shall have 
the right to lay vessels at the said wharf, and to receive 
dockage and wharfage therefor : provided, that this act 
shall in nowise impair the legal rights of any person. [Ap- 
proved by the Governor, May 13, 1852.] 

r^h 999 ^^ ^^^ concerning 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 : 

Justices of Sect. 1. Every justice of the peace within his county, 

peace, police and the Several police courts established by law, shall have 

common p^eas, jurisdiction concurrent with the court of common pleas in 

and municipal their respective counties, and the police court of the city 

concurrent ju- of Boston shall havc jurisdiction concurrent with the muni- 

risdiction, &c. cipal court, of the offence specified in an act passed the 

twenty-seventh day of March, in the year one thousand 

eight hundred and forty-nine, entitled " An Act to prevent 

disturbances of schools and public meetings," when said 

Punishment, oflencc is iiot of ail aggravated nature : provided, however, 

house^of^c'or-"'^ ^^^"^^ ^^^'^ justiccs and the police com'ts aforesaid, shall 

rection, orfine punish such offeiice by imprisonment in the county jail or 

^^^- house of correction, not more than thirty days, or by fine 

peaK* *° *^" i^ot exceeding ten dollars ; saving to the party convicted 

the right of appeal, as in other cases. [Apjiroved by the 

Governor, May 13, 1852.] 



1852. Chap. 223—224. 157 

An Act to incorporate tlje Proprietors of the Union House in Worcester. CIia)7. 223 

Be it enacted hij the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Srct. 1. Henry Chapin, Allen Harris, Calvin Newton, Corporators. 
William B. Fox, William H. Harris, and John F. Pond, 
their associates and successors, are hereby made a corpora- 
tion by the name of " The Proprietors of the Union House, 
in Worcester," for the purpose of erecting a hotel or board- May erect and 
ing-house in the city of Worcester, and maintaining the or boarding- 
same and the buildings and appurtenances connected there- house. 
with, and for those purposes shall have all the powers and Powers, re- 
privileges, and be subject to all the duties, restrictions, and 33 Lnd 44'Re- ' 
limitations, set forth in the thirty-eighth and forty-fourth vised statutes, 
chapters of the Revised Statutes: provided, that said cor- 
poration shall not carry on the business of hotel or boarding- Corporation 
house keeping, or be in any way interested in said business : ^^^ huTneL^^ 
and provided, further, that said corporation shall make it a j^^ jj^^^j^j^^, 
condition of any and all leases of said estate that no intoxi- ting liquors, 
eating liquors shall be sold upon the premises. 

Sect. 2. The whole amount of real and personal estate ^iRq^qqo*"*^^' 
or capital stock which said corporation may hold shall not 
exceed one hundred thousand dollars. 

Sect. 3. When any stockholder in this corporation shall When stock is 
transfer his stock in this corporation, a certificate of such cenificate'to 
transfer shall forthwith be deposited with the city clerk of be filed with 
the city of Worcester, who shall note the time when the ^^^^ *^^^'^^- 
same was deposited, and record the certificate at full length 
on the record-book of the city; and no transfer of such 
stock shall be valid as against the creditors of such stock- 
holder, until such certificate shall have been deposited and 
recorded as aforesaid. 

Sect. 4. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, May 18, 1852.] 

An Act to prevent and punish Fraudulent Arrests. Chap. 224 

Be it 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 person is arrested by virtue of any a person ar- 
process, or is taken into custody by any officer in this Com- ^^g'^true" 
monwealth, such person shall have a right to know from ground of his 
the officer who arrests or claims to detain him, the tnie *'^°*'^- 
ground on which the arrest is made ; and any oificer who 
shall refuse to answer such question, or who shall fail to 
answer the same truly, or who shall answer the same 



158 



1852. 



■Chap. 224—225. 



Punishment 
lor refusal, 
fine or impris- 
oument. 



For false ar- 
rest, fine or 
imprisonment. 



Chap. 225 



Boundaries. 



untruly, or who shall assign to the person arrested an untrue 
reason for the arrest, or shall neglect on request to exhibit 
to the person arrested, or any other person acting in his be- 
half, the precept by virtue of which such arrest is made, 
shall be punished by a fine of not more than one thousand 
dollars, or by imprisonment in the house of correction not 
more than one year. 

Sect. 2. Any officer who shall arrest, take into, or 
detain in custody any person in this Commonwealth, pre- 
tending to have a process when he has none, or pretending 
to have a different process from that which he has, shall be 
punished by a fine of not more than one thousand dollars, 
or by imprisonment in the house of correction not more 
than one year. [Approved by the Governoi'^ May 13, 1852.] 

An Act to incorporate the Town of Marion. 

Be it 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 Rochester, in the 
county of Plymouth, comprised within the following limits, 
to wit : — beginning in the west line of the town of Ware- 
ham at a point east of the north-east corner of Richard 
Gurney's homestead; thence westerly in line of said Gm*- 
ney's homestead to the north-west corner thereof; thence 
southerly in a straight line to the north-east corner of Jona- 
than Perry's homestead ; thence southerlj'- in line of 
said Perry's homestead to the southeast corner thereof; 
thence in a straight line to the north-west corner of Amos 
Hadley's wood-lot ; thence southerly in west line of said 
Hadley's wood-lot to the south-west corner thereof; thence 
in a straight line to where the Dogget brook unites with 
Sippican River ; thence up the course of said brook one 
half of one mile ; thence in a straight line southerly, passing 
ten rods east of the dwelling-house of .Jesse Parlow, late of 
Rochester, deceased, to the Matapoisett precinct, so called ; 
thence southeasterly in line of said precinct to a point west 
from the south-west corner of Noah D. Handy' s wood-lot ; 
thence east to Aucoot cove ; thence southeast to Buzzard's 
bay ; thence by the bay and the south and west lines of the 
town of Wareham to the place of beginning, — is hereby 
incorporated by the name of Marion ; and the said town of 
Powers, privi- Marion Is hereby vested with all the powers, privileges, 
leges, &c. &c. j-ights, and immunities, and made subject to all the duties 
and regulations, to which other towns are entitled and sub- 
jected by the constitution and laws of this Commonwealth. 



1852. Chap. 225. 159 

Sect. 2. The inhabitants of said town of Marion shall To pay arrear 
be holden to pay all arrearages of taxes legally assessed ^^d. 
upon them before this act takes effect, and also their pro- 
portion of such State and county taxes as may be assessed 
upon them before the taking of the next State valuation 
(said proportion to be ascertained and determined by the 
last decennial valuation of the town of Rochester), to the 
treasurer and collector of said town ; and all moneys 
now in the treasury of said town of Rochester, or that may 
hereafter be received from taxes already legally assessed, 
or directed to be assessed, shall be applied to the purposes 
for which they were raised and assessed, in like manner 
as if this act had not been passed. 

Sect. 3. The said towns of Rochester and Marion shall Paupers, how 
be respectively liable for the support of all persons who arc to be support- 
now receiving relief from Rochester as paupers, according ° 
to the last decennial valuation of property within their 
respective limits. And the said towns of Rochester and 
Marion shall be respectively liable for the support of all 
persons who may hereafter stand in need of relief as pau- 
pers, whose settlement was gained by or derived from a 
settlement gained or derived within their respective limits. 

Sect. 4. The "town-house" shall be the exclusive pro- 
perty of Rochester. 

Sect. 5. The alewive fisheries of Mattapoisett River and Fisheries and 
the " town mills," situate on said river, shall remain the ^°^^jj"g^^ ^^^^ 
l)roperty and privilege of all the inhabitants of the said inhabitants as 
towns of Rochester and Marion, and said alewives shall be specified, 
sold, as now, to each and every family residing in both the 
towns aforesaid, at any such price per one hundred as the 
majority of the legal voters of both the said towns of Roch- 
ester and JNIarion may, from time to time, determine. That 
the net yearly profits of said alewive fisheries, and net 
yearly earnings of the said town mills shall be appropriated, 
as now, as a sinking fund to pay the debts made on account 
of the said mills and alewive fisheries, until said debts shall 
be thus, or otherwise, liquidated, after which said mills shall 
be sold, whenever the majority of legal voters of both the 
said towns of Rochester and Marion shall so determine ; 
and the net proceeds received from said sales, as also the 
future net yearly profits from sales of said alewives, and net 
yearly earnings of said mills (until sold), shall be appor- 
tioned and paid into the treasury of each of the said towns 
of Rochester and Marion, according to the valuation of 
each of tiie said towns, as ascertained and determined by 
their next preceding town valuations respectively. The Three inspec- 
manner of taking said alewives, and the whole management jiocii ester, one 
of said fisheries, as also the letting and management of the from Marion. 



160 18e52.— Chap. 225. 

said town mills, until disposed of, shall be with three in- 
spectors, to be chosen annually, as follows : two from the 
said town of Rochester, and one from the said town of 
Marion, 
isiarion to pay Sect. 6. The inhabitants of the town of Marion shall 
debts' and"re- ^^ holdcn to pay their just and equitable proportion of all 
ceive propor- debts and liabilities for which the said town of Rochester 
tion of proper- j^g^y \^q liable wheu this act takes effect ; and said town of 
Marion shall be entitled to receive their just and equitable 
proportion of the value of all property, both real and per- 
sonal, and of all annuities, funds in trust, or assets now 
owned or held by the said town of Rochester, the disposition 
of which is not provided for in the two preceding sections. 
In case of dis- four and five ; and in case the towns of Rochester and 
court^f "com- Mariou shall not agree on their respective proportions of the 
mon pleas of dcbts, liabilities, property, annuities, funds, assets, town 
appoint^three paupers, State or county taxes, the court of common pleas 
persons. for the county of Plymouth shall, upon the petition of either 

of said towns, appoint three competent and disinterested 
persons to hear and award thereon, and their award or the 
award of any two of them, being accepted by said court, 
shall be final. 
Fishing privi- Sect. 7. All the privileges which the citizens of Ro- 
ii;ges contm- ^hester and Marion had before this act takes effect, to take 
shell or scale fish from the shores or flats and waters, within 
the towns of Rochester and Marion, shall remain the same 
as if this act had not passed. 
To pay propor- Sect. 8. The town of Marion shall pay their just and 
revenue^^^^*^^ equitable proportion of the surplus revenue, whenever called 

for by the government of the United States. 
Marion and Sect. 9. Said towu of Mariou shall continue to be a 

f °*^^r*^^f ^°*^ P^^^ ^^ ^^^ town of Rochester, for the purpose of electing 
State and u. a representative to the General Court, State officers, sena- 
s. officers. tors, representative to Congress, and electors of president 
and vice-president of the United States, until the next de- 
cennial census shall be taken, in pursuance of the thirteenth 
article of the amendment of the constitution ; and all 
meetings for the choice of said officers shall be called by 
the selectmen of Rochester, and shall be holden in the town 
of Rochester ; and the selectmen of Marion shall make a 
true list of all persons within their town, qualified to vote 
at every such election, and shall post up the same in said 
town of Marion, and shall correct the same as required by 
law, and shall deliver a true copy of the same to the select- 
men of Rochester, seven days at least before the day of 
every such election, to be used thereat. 
Meeting of in- Sect. 10. Any justice of the peace for the county of 
habitants of Plymouth may issue his warrant, directed to any principal 



1852. Chap. 225—227. 161 

inhabitant of said town of Marion, requiring him to notify Marion, iiow 
and warn the inhabitants thereof, qualified to vote in town <=a^lled. 
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 then* annual 
meetings ; and said warrant shall be served by posting up 
copies thereof, attested by the person to whom the same is 
directed, in four public places in said town, fourteen days at 
least before the time of meeting. The selectmen of Ro- 
chester shall, before said meeting, prepare a list of voters in 
said town of Marion, qualified to vote at said meeting, 
and shall deliver the same to the person presiding at said 
meeting, before the choice of moderator thereof. 

Sect. 11. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor^ May 14, 1852.] 

An Act to authorize Zenas Atkins to build a Wharf. CJlCl'D, 226 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Zenas Atkins is hereby authorized to build a wharf from May extend 
his land at or near Nickerson's Point, in Chatham, into the ^}^ wharf in 
harbor, and he shall have the right to lay vessels at the said usual privi- 
wharf, and to receive wharfage and dockage therefor : ^^s^^- 
provided, that the said wharf shall in no way obstruct the 
anchorage for vessels in the said harbor : and provided, also, 
that this grant shall not interfere with the legal rights of any 
person. [Approved by the Governor, May 14, 1852.] 

An Act to require Returns from Mutual Fire Insurance Companies. Chdl). 227 
Be it 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 each mutual fire insurance Annual return 
company now incorporated, and which shall hereafter be in- t° be made ta 
corporated in this Commonwealth, shall make annual returns ber. 
of the state and condition of the affairs of such company, 
made up to the first day of December in each year, accord- 
ing to the following form : 

Fortn of Return for Mutual Fire Insurance Companies. Form of Re- 
turn. 
Name of the company. 
Where located. 

Date of commencement of business. 
Amount insured by existing policies. 
Amount of premiums and deposits received on same. 
Portion of premiums and deposits received in money. 
21 



1852. Chap. 227. 

Portion of premiums and deposits received in notes. 

Amount of assets other than notes received for premiums 
and deposits ; state particularly of what they consist. 

Amount of losses paid during the last five years, or since 
the commencement of business, if less than five years. 

Amount assessed on notes for the same period. 

Amount assessed beyond the amount of notes. 

Amount of liability of parties insured to assessment, in 
addition to the amount already collected. 

Amount of assessments uncollected. 

Amount of dividends paid to policy holders during same 
period. 

Amount of policies terminated the past year. 

Amount of policies issued the past year. 

Amount of premiums and deposits received for said poli- 
cies. 

Amount of losses paid the past year. 

Amount of losses ascertained and unpaid. 

Amount of assessments on notes the past year. 

Amount of assessments the past year beyond the amount 
of notes. 

Amount of dividends paid to policy holders the past year. 

Amount of debts owed by the company for money bor- 
rowed or otherwise. 

Highest rate of interest paid. 

Highest rate of interest received. 

Amount insured on real estate. 

Amount insured on personal property. 

Amount insured on first class. 

Amount insured on second class. 

Amount insured on third class. 

Amount insured on fourth class. 

Premiums and deposits received in first class. 

Premiums and deposits received in second class. 

Premiums and deposits received in third class. 

Premiums and deposits received in fourth class. 

Losses in first class. 

Losses in second class. 

Losses in third class. 

Losses in fourth class. 

Which return 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 justice of the peace to the truth of said returns, 
according to their best knowledge and belief. 

Sect. 2. Every such insurance company neglecting to 
comply with the provisions of the preceding section shall 



1852. Chap. 227—228. 163 

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. 3. The secretary of the Commonwealth shall fur- Secretary of 
nish four printed copies of the form of return required by wealth shall 
this act to the secretary of every mutual fire insurance ^"'■')^^^'^°^'' 
company, in the months of August or September, annually, company. 

Sect. 4. The secretary of the Commonwealth, after he Shall prepare 
shall have received the retm'ns from the several insurance ^^ abstract, 

and transmit 

companies aloresaid, shall, as soon as may be, cause to be one copy to 
prepared and printed a true abstract from these returns ; and^toTegls-^ 
and he shall transmit by mail one copy thereof to the presi- lature. 
dent of each mutual fire insurance company in the Com- 
monwealth, and shall submit the same to the Legislature 
at the next session thereof. [Approved b/j the Governor, 
May 14, 1852.] 

An Act to incorporate the Mechanics' and Engineers' Experimental Chap. 228 
Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Sect. 1. George Odiorne, Bryant P. Tilden, William Corporators. 
W. Gannett, their successors and assigns, are hereby made 
a corporation by the name of the Mechanics' and En- 
gineers' Experimental Railroad Company, for the purpose Purpose, 
of making experiments on improvements in rails, railroad 
switches, crossings, bridges, cars, motive power, and the 
modes of laying down and working railways, and using and 
improving the same, with all the powers, and subject to all Powers, &c., 
the duties and restrictions, contained in the forty-fourth chapter R. s. 
chapter of the Revised Statutes. 

Sect. 2. Said company is hereby empowered and au- May locate, 
thorized to locate, construct, and maintain, for the purpose ^nd mSain 
aforesaid, a railroad with one or more tracks of not less railroad, 
than two miles nor more than four miles in length, and to 
use and improve the same, in such place as they may deem 
suitable within the town of Chelsea, or that town and the in Chelsea, or 
adjoining town of Maiden : provided, the land for said rail- MaWen. 
road and appurtenances belong to said company, or the fee 
or right thereto shall be acquired by said company by pur- 
chase, lease, or gift, and not otherwise: and provided, «/cS'o, Not to take 
that said company shall have no right to take gravel, or ^^fj^il'thouT" 
materials, for said railroad, without the consent of the own- consent, nor 
ers or occupiers thereof, nor to cross any town or county ^^unty^road".' 
road without the consent of the county commissioners, for 
the county in which the town or county road that said 



164 1852. Chap. 228—230. 

Nor cross any company may desire to cross, may be, nor to cross any 
railroad. railroad without the consent of the proprietors thereof. 

Real and per- Sect. 3. Said corporation may hold such real and per- 
sonal estate sonal estate as may be necessary or convenient for the pur- 
stocC^*250,- poses aforesaid, but the whole capital stock of said company 
000. shall not exceed two hundred and fifty thousand dollars ; 

and no shares in the capital stock shall be issued for a less 

sum or amount to be paid in on each than the par value of 

the shares first issued. 
Takes effect. Sect. 4. This act shall take effect from and after its 

passage. [Approved by the Governor, May 14, 1852.J 

Chap. 229 -^^ -^^^ ^° incorporate the Evangelical Society in Lancaster. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the saine, as follows : 

Corporators. Sect. 1. Charles Wayman, Charles Humphreys, and Ca- 
leb T. Symmes, their associates and successors, are hereby 
made a corporation by the name of the Evangelical Society 
in Lancaster, with all the powers and privileges, and sub- 
ject to all the duties and liabilities incident to religious 
societies in this Commonwealth, with power to hold real 
Real and per- and personal estate to the amount of ten thousand dollars : 
s*/!) 000.^^^° provided, the same be appropriated exclusively to parochial 

purposes. 
Pews may be Sect. 2. Said socicty may assess upon the pews in 
cordin^'^trval- their mectiug-house, according to a valuation thereof, first 
nation" to be agreed upon by them and recorded, such sums as 

shall be necessary for the support of public worship in said 
Assessments house, and other parochial charges ; and all such assess- 
coilected as in ments mav be collected in the manner provided bv the 
sections 32^ 33*, thirty-second, thirty-third, and thirty -fourth sections of the 
34. twentieth chapter of the Revised Statutes. 

Takes effect. Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, May 18, 1852.] 

Chap. 230 -^^ ^^^ ^° authorize the Boston and Providence Railroad Corporation to 

construct a Railroad. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Location de- Sect. 1. The, Boston and Providence Railroad Corpo- 
scribed. ration are hereby authorized to construct a railroad, com- 

mencing at some point on the Boston and Providence 
Railroad, in the town of Seekonk, and thence running 



1852. Chap. 230—231. 165 

southerly to the line of the State of Rhode Island, there to 
connect with a railroad running from Bristol in said last 
named State. 

Sect. 2. The location of said road shall be filed within To be filed 
two years from the passage of this act. [Approved by the within two yrs. 
Governor, May 18, 1852.] 

An Act relating to Insurance by Foreign Corporations. Chcft). 231 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as folloivs : 

Sect. 1. The provisions of the act entitled " An Act in Provisions of 
addition to an act to provide asfainst Loss from Insurance act of 180I ex- 

_, . „ . ^ „ 1 • 1 1 tended, except 

by l^oreign Corporations, passed in the year one thousand as herein, 
eight hundi'ed and fifty-one, are hereby extended, except as 
hereinafter provided, to companies not incorporated in this 
Commonwealth, making insurance on health. 

Sect. 2. Every person acting for an insurance company Agents of in- 
not incorporated in this Commonwealth, shall annually, in surance com- 
the month of October, deposit with the treasurer of the the Common- 
Commonwealth, and shall also, in the months of October wealth : 
and November of each year, publish six times in each of i^equirements 
three different newspapers in the county in which such ^^ ubUsh in 
person resides, or has his place of business, a statement newspapers. 
similar in all respects to that required by the forty-first sec- 
tion of the thirty-seventh chapter of the Revised Statutes, 
and said statement shall be deposited with said treasurer 
before making any contract of insurance ; and said publi- 
cation shall be continued for six weeks successively in those 
counties in which there are less than three newspapers. 

Sect. 3. Every such agent shall exhibit in conspicuous Exhibit on 
letters, on the sign designating his place of business, the of^"he^|tate™^ 
name of the State under whose authority the company he &c. 
represents has been incorporated. And said company and 
agent shall also have printed in large type the name of 
such State upon all policies issued to citizens of this Com- 
monwealth, on all cards, placards, and pamphlets, and in 
all advertisements published, issued, or circulated in this 
State, by them or him, relating to the business of such 
company. 

Sect. 4. No person shall be allowed to act as agent of no such agent 
anv insurance company not incorporated in this Common- ^.V,""?'^ ^^ .**^* 

' ixi ^-1 1 "^ 1 1 X 1 11 u *'^l ^^^ require- 

wealth, until such company and such agent siiall nave ments are com- 
eomplied with all the requirements of the laws of this Com- P'i^'^ ^i'^- 
monwealth relating to such companies and their agents. 
And every person so acting without such compliance, after 
the first day of July next, shall forfeit for every such offence 
the sum of one thousand dollars. 



166 1852. Chap. 231. 

Secretary, Sect. 5. The secretary, treasurer, and auditor of this 

au^dUorof ^he Commonwealth, are hereby constituted a board of insur- 
Common- ance commissioners ; and it shall be their duty, annually, 
boTrd^oftnsur^ ^'^ ^^® month of November, to examine the statements and 
ance conamis- returns required to be made by the companies and agents 
siouers. aforesaid ; and if, in their opinion, any statement or return 

shall be obscure, defective, or in any respect unsatisfactory, 
it shall be their duty immediately to require answers, under 
oath, from the agent by whom such obscure, defective, or 
unsatisfactory statement or return shall have been deposited 
or made, to such interrogatories as they may deem neces- 
sary and proper to be answered in order to explain such 
statement or return, and exhibit a fuU and accurate view of 
the business and resources of the company represented by 
such agent. And any agent refusing or neglecting to an- 
swer such interrogatories for the space of thirty days, shall be 
deemed not to have complied with the provisions of the laws 
of this Commonwealth ; and if he continue to act as agent, 
aforesaid, shall be liable to the penalty prescribed in the 
Commission- preceding section. And said commissioners shall prepare 
ers to prepare ^,-j abstract of the statements and returns made by foreign 

an abstract oi . . i i • i • i • i j_ in 

foreign insur- insurance Companies and then* agents, which abstract shall 
ance compa- i^g printed and laid before the Legislature in the month of 
January in each year ; and for any services rendered, or ex- 
penses incurred, by said commissioners in enforcing the 
provisions of this act, the governor and council may audit 
their accounts, and allow a reasonable compensation. 
Certain acts Sect, 6. The last five sectioiis of the thirty-seventh 

repealed. chapter of the Revised Statutes, and the eleventh section 

of the three hundred and thirty-first chapter of the acts of 
the year one thousand eight hundred and fifty-one, are 
hereby repealed. 
Any foreign in- Sect. 7. Ally insurance company, other than those in- 
surance com- corporated in this Commonwealth, having a capital of fifty 
capital of ^50,- thousand dollars, may make insm-ance on live stock, but on 
000 may insure no other property: provided., said company, and its agent, 
prevoiusly to making such insurance, shall have complied 
with all the requirements of the laws of this Common- 
wealth relating to insurance by foreign corporations. 

Sect. 8. All payments made for policies, ^vhether in 
money or by note, or other security, shall be taken and 
deemed to be premiums for the purposes expressed in the 
seventh section of the act mentioned in the first section of 
this act. 

Sect. 9. It shall be the duty of the aforesaid commis- 
mi^s!fioners*^°rt- ^i^^^^^^? ^^^^ of ^hc attomey-geueral, and the district attor- 
toruey-gtnerai ucys of this Commonwealth, to cause the provisions of this 



1852. Chap. 231—233. 167 

act, and of all acts relating to insurance by foreign corpora- and district at- 
tions, to be executed and enforced. tomeys. 

Sect. 10. All penalties recovered for violations of the 
provisions of this act, and of all other acts relating to insur- 
ance by foreign corporations, shall go, one half to the per- 
son giving information of such violations, and one half to 
the treasury of the Commonwealth. [Approved by the 
Governor, Map 18, 1852.] 

Ah Act concerning the Cabot and Perkins Corporationa, and to increase QJicid 232 
the Capital Stock of the latter. ^' 

Be it enacted by the SeJiate and Honse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The stockholders of the Perkins Mills, in the Perkins com- 
town of Chicopee and county of Hampden, are hereby fz^.Yto^add 500 
authorized to create five hundred additional shares of capital shares of 
stock, of one thousand dollars each, which shares shall be is- capitaUtock!" 
sued to the several stockholders of the Cabot Manufacturing 
Company, in said Chicopee, in proportion to the number of 
shares held by each in said Cabot Manufacturing Company : 
provided, that at a legal meeting called for the purpose, the Proviso. 
said Cabot Manufacturing Company shall, by a vote of not *^^^°f Compa- 

' •/ nv sn3.ll con* 

less than four fifths of the stockholders in number and sent, by vote of 
amount, consent to sell and transfer so much of their entire 2^1^*^!^ ^°^^ 
property and estate to the said Perkins Mills, as shall be ber and 
equivalent to the five hundred shares of additional stock to amount. 
be created in said Perkins Mills : provided, also, that this 
sale and transfer shall be made within six months from the 
passage of this act. 

Sect. 2. When the said sale and transfer shall be made When transfer 
the said Cabot Manufacturing Company's charter shalP^^^'^^'^f'^j^"^" 
be annulled : provided, that for all the pm-poses connected void. 
with the settlement of the affairs of said corporation, this ^^g ^ ^^ 
surrender shall not affect the claims, rights, or demands of 
the said corporation, or their creditors in law or equity. 

Sect. 3. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor, May 18, 1852.] 

An Act to incorporate the Boston Submarine and Wrecking Company. Chcip. 233 

Be it 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 L. Johnson, B. P. Cheney, Charles Corporatoii. 
Mclntire, their associates and successors, are hereby made 
a corporation by the name of the Boston Submarine and 



168 1852. Chap. 233—235. 

Wrecking Company, for the purpose of relieving vessels in 

distress, and recovering wrecked and sunken property ; with 
Powers, liabili- all the powcrs and privileges, and subject to all the duties, 
chapSrs'sslh'^ liabilities, and restrictions, set forth in the thirty-eighth and 
and 44th R. s. forty-fourth chapters of the Revised Statutes. 
Capital stock, Sect. 2. The Capital stock of said corporation shall not 
^ioO,ooo. exceed in amount one hundred and fifty thousand dollars ; 
No shares is- and no shares of said corporation shall be issued for a less 
sued under ^^^^ ^^ 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 18, 1852.] 



Ohary '^34 "^^ ^^^ concerning the Assessment of Taxes. 

Be it enacted by the Senate and House of Representa- 
tives, in General Coui't assembled, and by the authority of 
the same, as follows : 

Taxes against All taxes assesscd upon the personal estate of any de- 
an^estate^be- pg^ggfj person, before the appointment of an administrator or 
ment of ad- executor thereof, if otherwise legal, shall be enforced against 
"nfonjed^as'if ^^^^ estate and the representative thereof, after an executor or 
made after administrator shall have been appointed, in the same man- 
ment^^^"^"*^" ner as if an administrator or executor had been appointed 
when said assessment was made. [Approved by the Gov- 
ernor, May 18, 1852.] 

Chat) 235 -^^ -^^^ ^" relation to the Worcester County Institutions for Savings. 

Be it enacted by the Senate arid House of Representa- 
tives, in General Court assembled, and by the authority of 
the sam,e, as follows : 

The doings at The elections made and other doings and proceedings had 

a meeting, a|; ^ meeting of the members of the Worcester County 

an^dadjo'urn- ' Institution for Savings, on the fourteenth day of April, in 

ment, made ^he year one thousand eight hundred and fifty-two, and at 

an adjourned meeting of said members of said institution, 

on the twenty-first day of said April, are hereby declared 

valid in the same manner as they would have been, had 

said meetings been notified according to law. [Approved 

by the Governor, May 18, 1852.] 



1852. Chap. 236—238. 169 

An Act in addition to an act entitled " An Act to authorize the business of Chap, 236 

Banking." ■^' 

Be it ejiacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Any number of persons not less than ten, may Number not 
become a body corporate, in pursuance of the act entitled ^^^^ ^^^'^ *^°- 
" An Act to authorize the business of Banking," passed in 
the year one thousand eight hundred and fifty-one. 

Sect. 2. No banking corporation organized under said No corpora- 
act shall circulate bills exceeding its capital stock in amount, *'°", V'^'^®'^ ^ . 

c • • 1 1 • 11 banking act of 

nor be taxed upon that part oi its capital stock invested and isoi shall cir- 
transferred to the auditor, in pursuance of the seventh sec- cuiate more 

-., •7 7 7 • r than Its capi- 

tion of said act : provided, however, that the proportion oi tai stock. 
the capital of any bank, thus exempted from taxation, shall Part of stock 
in no case exceed three fourths of said capital. [Approved ^° 
by the Governor, May 18, 1852.] 

An Act concerning the New Bedford and Taunton Railroad Company. ChciD. 237 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authointy of 
the same, as follows : 

The New Bedford and Taunton Railroad Company is May increase 
hereby authorized to increase the capital stock of said c^^QQ^inQ*"'^'' 
company one hundred thousand dollars, the same to be ' 
divided into shares of one hundred dollars each. [Approved 
by the Governor, May 18, 1852.] 

An Act concerning the Powers of County Commissioners. Chttl) 238 

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. Whenever two or more towns are required by when several 
law to maintain, or keep in repair, any bridge upon any t°T°® ^''^'■®" 
highway or town way, and shall differ as to the mode or m^aTntain a 
time of doinsr the same, the county commissioners of any bridge, county 

■ . . conimissioH" 

county in which either of said towns is situated, may, upon ers may de- 
the application of such town, and after a hearing upon due '^'^^^ ^^^''' 
notice to all parties interested, pass all such orders con- 
cerning the maintenance or repair of any such bridge as in 
their opinion the public good may require. 

Sect. 2. All orders passed by the county commissioners such decisions 
after a hearing as aforesaid, shall be final upon the parties, t° ^^ fi'^*^- 
and shall be enforced in the same manner as orders by the 
county commissioners are now by law enforced. 
22 



no 



1852. 



-Chap. 238—240. 



When all the Sect. 3. Whenever all of the towns required by law to 
in^nTe'^coun- i^a^intain or repair any such bridge are not in the same 
ty. county, the county commissioners of that county in which 

either of the said towns is situated, to whom ap])lication 
shall be first made, shall have exclusive jurisdiction of the 
subject matter of such application. [Approved by the Gov- 
ernor, May 18, 1852.] 

Chap. 239 An Act to incorporate the Chelmsford Agricultural Society. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. John C. Bartlett, Asa Hodgman, 2d, and Ed- 
win H. Warren, their associates and successors, are hereby 
made a corporation, by the name of the Chelmsford Agri- 
cultural Society, for the encouragement of agriculture and 
the mechanic arts, by premiums, and other means, in the 
town of Chelmsford, in the county of Middlesex ; with 
all the powers and privileges, and subject to all the duties, 
liabilities, and resti-ictions, of other incorporated agricultiiral 
societies in this Commonwealth. [Approved by the Gov- 
ernor, May 18, 1852.1 



Corporators. 



In town of 
Chelmsford, 
with usual 
powers, &c. 



Chap. 240 



Children must 
attend school 
at least twelve 
weeks of the 
year. 



For violation, 



School com- 
mittee to in- 
quire into vio- 
lations and 
causes. 



An Act concerning the Attendance of Children at School. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloios : 

Sect. 1. Every person who shall have any child under 
his control, between the ages of eight and fourteen years, 
shall send such child to some public school within the town 
or city in which he resides, during at least twelve weeks, if 
the public schools within such town or city shall be so long 
kept, in each and every year during which such child shall 
be under his control, six weeks of which shall be consecutive. 

Sect. 2. Every person who shall violate the provisions 
of the first section of this act shall forfeit, to the use of such 
town or city, a sum not exceeding twenty dollars, to be re- 
covered by complaint or indictment. 

Sect. 3. It shall be the duty of the school committee in 
the several towns or cities to inquire into all cases of viola- 
tion of the first section of this act, and to ascertain of the 
persons violating the same, the reasons, if any, for such vio- 
lation, and they shall report such cases, together with such 
reasons, if any, to the town or city in their annual report ; 
but they shall not report any cases such as are provided for 
by the fourth section of this act. 



1852. Chap. 240—242. 171 

Sect. 4. If, upon inquiry by the school committee, it Attendance at 
sliall appear, or if upon the trial of any complaint or in- o" out'of'toTO 
dictment under this act it shall appear, that such child has no violation, 
attended some school, not in the town or city in which he 
resides, for the time required by this act, or has been other- 
wise furnished with the means of education for a like period 
of time, or has already acquired those branches of learning 
which are taught in common schools, or if it shall appear 
that his bodily or mental condition has been such as to 
prevent his attendance at school, or his acquisition of learn- 
ing for such a period of time, or that the person having the 
control of such child, is not able, by reason of poverty, to 
send siich child to school, or to furnish him with the means 
of education, then such person shall be held not to have 
violated the provisions of this act. 

Sect. 5. It shall be the duty of the treasurer of the town Treasurer to 
or city to prosecute all violations of this act. [Approved prosecute. 
by the Governor, May 18, 1852.] 

An Act concerning Inventories in the Courts of Probate. Chap. 241 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. All inventories returned by administrators, May be sworn 
executors, guardians, or trustees may be sworn to by said ters^of'prob^te 
administrators, executors, guardians, or trustees before the at any time, 
registers of probate for the respective counties in which the 
same are returnable ; and such oath may be administered 
at all times, either in or out of the probate court, and shall 
have the same effect as if administered in court by the 
judge of probate. 

Sect. 2. This act shall take effect from and after its Takes effect, 
passage. [Approved by the Governor, May 18, 1852.] 

An Act concerning the State Prison at Charlestown. Chap. 242 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The warden of the State prison is hereby 
authorized and empowered to appoint two officers as 
turnkeys in addition to the number now authorized by 
law. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, May 18, 1852.] 



172 1852. Chap. 243—244. 

Chap. 243 ^^ ^^^ ^'^ incorporate the Massapoag Spring 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 : 

May erect pub- Sect. 1. Benjamin Webb, Daniel R. Bowker, their as- 

Groton^^ ^" sociates and successors, are hereby made a corporation by 

the name of the Massapoag Spring Hotel Company, for 

the purpose of erecting in the town of Groton, buildings 

necessary and convenient for a public house, with all the 

Powers, re- powers and privileges, and subject to all the duties, liabili- 

afin 4Tth ^^'' *^^^' ^^^^ resti-ictions, set forth in the forty-fourth chapter of 

chapter R. s. the Revised Statutes. 

May hold real Sect. 2. Said Corporation may hold such real and per- 
^ro ^rr^tcT^ sonal property as may be necessary and convenient for the 
^30,000. purposes aforesaid, not exceeding in amount thirty thou- 

sand dollars : provided, that no shares in the capital stock 
No shares to be of Said corporation shall be issued for a less sum or amount, 
issued for less |q \^q actually paid in on each, than the par value of the 

than par value. i-iinir' • i »!•/■ 

shares which shall be first issued. And ii any ardent spirits 
No intoxica- or intoxicating drinks of any kind whatever shall be sold by 
be sold "^^^ *° said company, or by its agents, or any persons in its em- 
ploy, or its lessees, with consent of said company, in any of 
Act void by Said buildings or premises appertaining thereto, then this 
violation. act shall be void. [Approved by the Governor, May 18, 
1852.] 

Chat) 244 ■^" ^^^ ^^ incorporate the East Boston Ferry 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 : 

Incorporated Sect. 1. Samucl Hall, Noah Sturtevant, Daniel D. 

for twenty Kelley, Samucl S. Lewis, Albert Thorndike, William C. 

^^^^ ■ Barstow, their associates and successors, are hereby made 

a corporation for the term of twenty years, by the name of 
the East Boston Ferry Company, for the purpose of estab- 

Ferry between lishing and Supporting a ferry between the main land in 

EasrBoston *^^ "^^^^ °^ Boston and the island of East Boston, with all 
the powers and privileges, and subject to all the duties, lia- 
bilities, and restrictions, set forth in the forty-fourth chapter 
of the Revised Statutes. 

Company shall Sect. 2. Said Company shall be bound to furnish all 

furnish accom- g^gh accommodatioii for the transportation of persons, 

modation, and , . ., . i i i i- 

receive tolls, horscs, cattlc. Carriages, wagons, goods, and merchandise, 

^^c- as the mayor and aldermen of the city of Boston for the 

time being shall from time to time consider that the public 

convenience requires, and shall be allowed to collect and 



1852. Chap. 244. 173 

receive such tolls as the said mayor and aldermen shall de- 
termine : provided., however, that the rates of ferriage shall Proviso. 
never be so much reduced as to reduce the yearly dividends 
of said company to an amount less than eight per cent, on 
the amount of capital stock actually invested. 

Sect. 3. Said company may hold real and personal es- May hold real 
tate necessary and convenient for the purposes aforesaid, ^^*,^^^ Jf.'300,- 
not exceeding in amount the sum of three hundred thou- 
sand doDars, to be divided into shares not exceeding one 
hundred dollars each : provided, that no shares shall be is- No shares is- 
sued for a less sum or amount, to be actually paid in on p^^^ ^^^^'^ 
each, than the par value of the shares first issued. 

Sect. 4. No person shall, directly or indirectly, hold or No person 
own more than fifty thousand dollars of the amount of the than g^o^o"^^ 
capital stock : and every stockholder shall have a right to of capital 
vote at all meetings of said company, and be entitled to as ^'^°'^''- 
many votes as he has shares : provided, that no stockholder Proviso. 
shall be entitled to more votes than are equal in number to 
one fifteenth part of the whole number of shares. 

Sect. 5. The iinmediate government and direction of Government 
the affairs of said company shall be vested in a board of ^^bo^Jd^'of dT- 
not less than five directors, who shall be chosen by the rectors, chosen 
stockholders annually, and shall hold their offices until ''"""^ >'• 
others shall be duly elected in their places. 

Sect. 6. The directors of said company shall, from year Make annual 
to year, in the month of January, make a return to the said ^ayoTand ai- 
mayor and aldermen, under oath, of their acts and doings, dermen. 
receipts and expenditures, specifying the several items 
making up said expenditures ; and their books shall at all 
times be open to the inspection of any committee of the 
said mayor and aldermen, appointed for that purpose ; and Fine, 5500, for 
if the directors of said company shall refuse or neglect to "^giect. 
make such returns, they shall for every such refusal or ne- 
glect forfeit a sum not exceeding five hundred dollars, to be 
recovered in an action of debt by the city of Boston, for its 
own use. 

Sect. 7. Nothing in this act shall be construed to take Mayor and al- 
from the said mayor and aldermen the power which they go[,"|n"e™o^ 
now have by virtue of the twenty-sixth chapter of the Re- license any 
vised Statutes, to license any person or persons as ferrymen ferryman. 
from the main land in the city of Boston to the island of 
East Boston, whenever they may consider the public con- 
venience or necessity to require it. 

Sect. 8. Said company may purchase or otherwise take Company may 
any land necessary for the purpose of said ferry : provided, [*a"k^^iand!"^ 
said ferry shall not be located north of the north line of jyoiwo. 
Battery wharf; and if they shall not be able to obtain such 
land by an agreement with the owner thereof, they shall 



174 1852. Chap. 244. 

Damages to be pay therefor such damages as shall be estimated and de- 
may™r and^ai- termiiied by the said mayor and aldermen ; and either party, 
dermen. if dissatisfied with any estimate made by the said mayor 

and aldermen, may apply for a jury to the court of com- 
mon pleas, next to be held within the county of Suffolk, 
after the said estimate is made known to the parties ; and 
thereupon the same proceedings shall be had as in case of 
estimating and enforcing payment of damages for laying 
Company shall out ways within the said city of Boston: provided, said 
prAy'^of pres'- company shall not have power to take any property of the 
ent lerry. proprietors of the present ferry now held and used by them 
for maintaining a ferry from Boston to East Boston, with- 
out the consent of said proprietors. 
City of Boston Sect. 9. The city of Boston, by a vote of the city coun- 
franchise,°&c.! ^^^^ ™ay, at any time during the continuance of the charter 
as specified, of Said Company, purchase of the said company the said 
ferry, and all the franchise, property, rights, and privileges 
of the said company, by paying them therefor such a sum 
as will reimburse them the amount of capital paid in, with 
a net profit thereon, as may be agreed upon, not exceeding 
ten per cent, per annum from the time of the payment 
thereof by the stockholders to the time of such purchase. 
City may issue Sect. 10. For the purposc of making the purchase 
i-'v scHp"" "' aforesaid, the city council of the city of Boston shall have 
^■.5)0.000, with authority to issue, from time to time, notes, scrip, or cer- 
lawfai interest, ^-f^^^^gg of debt, to be denominated on the face thereof 
" Boston Ferry Scrip,''^ to an amount not exceeding in the 
whole the sum of five hundred thousand dollars, bearing 
interest at a rate not exceeding the legal rate of interest in 
this Commonwealth ; and said interest shall be payable 
Principal pay- semi-annually, and the principal shall be payable at periods 
fortVyearT ^^°* morc than forty years from the issuing of the said scrip, 
notes, or certificates respectively. And the said city council 
may sell the same, or any part thereof, from time to time, 
at public or private sale, or pledge the same for money 
borrowed for the purpose aforesaid, on such terms and con- 
ditions as the said city council shall judge proper. All 
Scrip, 8zc.., to notes, scrip, and certificates of debt to be issued as afore- 
ti'e^isu'rer, au- ^aid, shall be signed by the treasurer and auditor, and 
ditor, and countersigned by the mayor of the said city, and a record 
cirded.^" ^^' ^^ ^1^ such uotcs, scrip, and certificates shall be made and 

kept by the said treasurer and auditor respectively. 
Whenever Sect. 11. Whenever said city of Boston shall purchase 

^luxhase^said ^^^^ forry of said company, all the rights, powers, and au- 
terry, the thority givcu to Said company by this act shall be vested 

"u^^I^K ^'I'^®"' in and exercised by said city of 13oston, subject to all the 

shall be trans- , ,.,.,.. •', .•'. .' •". ,. 

ferred. duties, liabilities, and restrictions herein contained, in such 

manner, and by such agents, officers, and servants as the 



1852. Chap. 244. 175 

said city council shall from time to time ordain, appoint, 
and direct. And said city of Boston shall have the right Boston may 
to collect and receive the same rates of toll as are allowed toiiT &T"'but 
by the second section of this act to said company : provided, when toils' coi- 
that whenever the tolls collected on said ferry shall be sulli- suffident** &c^'' 
cient to reimburse the said city of Boston for the cost of 
said ferry, with such a per cent, interest, annually, as said 
city of Boston pays on said "Boston Ferry Scrip," and 
for all the expenses of the repairs and additions to said 
ferry, and all current and incidental expenses of its super- 
intendence and management, and to provide such a fund 
as the said city council may regard sufficient for the futm'e 
support of said feny, then the tolls on said ferry shall cease, Tolls shall 
and said ferry shall ever after be maintained by said city of cease, and fer- 
Boston as a free ferry : provided, also, that the said city 
council shall have the power and authority to reestablish city may re- 
such rates of toll on said ferry as may be sufficient to pay establish toils 
the ciu-rent and incidental expenses of the superintendence sary. 
and management thereof, whenever the fund aforesaid shall 
be found insufficient for its support. And that the income, 
rents, and receipts of said ferry, after deducting all expenses 
and charges of support and maintenance, shall be set apart 
as a sinking fund, and shall be appropriated for and towards 
the payment of the principal and interest of said scrip, and 
for the accumulation of the fund aforesaid, and shall, under 
the management, control, and direction of the mayor, trea- 
surer, and auditor of said city, or the major part of them 
for the time being, who shall be trustees of the said fund, 
be applied solely to the use and purpose aforesaid. And Trustees, 
the said trustees shall, whenever thereto required by said ^^^"^^^'' ^^^j^ 
city council, render a just, true, and full account to the said council, shall 
city council of all their receipts, payments, and doings ^^^^^^l ^"" 
under the provisions of this section. 

Sect. 12. If the said ferry shall not be established and if ferry not es- 
opened for public use within five years from the passage of /^.g years,' act 
this act, then this act shall be void. to be void. 

Sect. 13. The first meeting of said corporation shall First meeting 
not be called unless the notice for the same shall be signed ^°^^ ^^^^^^- 
by the majority of the persons named in this act of incorpo- 
ration. [Approved by the Governor^ May, 18, 1852.] 



176 1852. Chap. 245—247. 

ChciD. 245 -^^ ^^^ ^^ addition to an Act concerning Arrests for Offences committed 
"' on the Lord's Day. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The provisions of the two hundred and forty-sixth chap- 
ter of the acts passed in the year one thousand eight hun- 
dred and fifty-one, shall be extended to the offences therein 
provided against, whenever committed in the night time. 
[Approved by the Governor, May 18, 1852.] 

Chdt) 246 ^^ ^^^ concerning Agricultural Societies. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Funds in real So much of the funds of incorporated agricultural socie- 
estate shall be ^jes as shall be invested in real estate, buildings, and appur- 

60 vested as to . c ±^ j j x- c • j • !• 

entitle socie- tenauces, lor the use and accommodation oi said societies, 
ties to receive shall be held to be so invested as to entitle them to receive 
Common- the bouiity of the Commonwealth in the same manner as 
wealth. if put at interest, as provided in the first section of the 

forty-second chapter of the Revised Statutes. [Approved 

by the Governor, May 18, 1852.] 

Chnt). 247 -^^ ^^^ further to guard against the Explosion of Steam-Boilers. 

Be it enacted by the Senate and House of Representa- 
tives, i7i General Court assembled, and by the authority of 
the same, as follows : 

Manufacturing Sect. 1. If any pcrsou or corporation shall manufacture, 
or using, in gg^ up, or kuowingly use, or cause to be used, in this Com- 
weaith, with- monwealth, a steam-boiler unprovided with the safety plug, 
out the safety ^s described in the first section of "An Act to prevent 
fined' not ex- the Explosioii of Steam-Boilcrs," passed in the year one 
ceeding^iooo. thousand eight hundred and forty-nine, such person, or cor- 
poration, so offending, shall be punished by a fine not ex- 
ceeding one thousand dollars. 
Acts inconsist- Sect. 2. All acts and parts of acts inconsistent with 
ent repealed, this act are hereby repealed. \Ap2iroved by the Governor^ 
May 18, 1852.] 



1852. Chap. 248—250. 177 

An Act concerning the Powers of Guardians. Chat). 248 

Be it enacted hy the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Every guardian appointed under the provisions Guardians not 
of tlie seventy-ninth chapter of the Revised Statutes, is interested au- 
hereby authorized to make partition of the real estate of his make partition 
ward, when lying in common and undivided, as fully and ofreai estate of 
in like manner as the ward could do, were he under no dis- 
ability. 

Sect. 2. Nothing in this act, or in the nineteenth sec- 
tion of the seventy-ninth chapter of the Revised Statutes, 
shall be construed to confer any power upon the guardian, 
when he has an interest in the estate to be divided, adverse 
to that of the ward. [Approved by the Governor, May 18, 
1852.] 

An Act to establish an additional Term of the Probate Court in the fih^^ Oi.Q 
County of Plymouth. K^nap. Z±\i 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by tlie authority of 
the same, as follows : 

A court of probate shall be holden in the town of Bridge- L^st Tuesday 
water, within and for the county of Plymouth, on the last of February. 
Tuesday of February in each year. [Approved by the Gov- 
ernor, May 18, 1852.] 

An Act concerning the proprietors of the Boston Pier, otherwise called QJinv) 250 
the Long Wharf, in the Town of Boston. •* * 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. That the proprietors of Boston pier, otherwise proprietors 
called the Long wharf, in the town of Boston, now the city of may increase 

• TiuriiDGr 01 

Boston, may increase the number of shares into which they shares as con- 
were authorized to divide their estate, stock, and property, venient. 
by the act relating to said Boston pier, approved March 
second, in the year one thousand eight hundred and twenty- 
six, by such number of shares as may be convenient : par value be 
provided, the par value thereof shall not be less than one "°^^^^^ ^^^^ 
hundred dollars each. 

Sect. 2. This act shall take effect from and after its Takes eflfect. 
passage. [Approved by the Governor, May 18, 1852.] 
23 



178 



1852.- 



-Chap. 251—252. 



Chap. 261 



Time to file lo- 
cation extend- 
ed to May 7, 
1853, 



and time to 



An Act concerning the Agricultural Branch Railroad. 

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 time within which the Agricultural Branch 
Railroad Company may file the location of that portion of 
its railroad between Framingham and Northborough, is 
hereby extended to the seventh day of May, eighteen hun- 
dred and fifty-three ; and the time within which said com- 
conipiete ex-^ P^^^Y in^y complete the aforesaid portion of its road, is also 
7, 1855. extended to the seventh day of May, eighteen hundred and 

fifty-five. [Approved by the Governor, May 18, 1852.] 



Chctn. 252 -^^ -^^^ ^° incorporate the Commercial 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 : 



Corporators. 



Lines from 
Boston to 
Springfield, 
connecting 
with other 
places. 



Powers, du- 
ties, &c., as 
in 44th ch. R. 
S.,andinactof 
1849. 



Capital stock 
^100,000. 

No shares is- 
sued for less 
than par value. 

Takes effect. 



Sect. 1. James Sturgis, E. D. Brigham, J. W. Clark, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Commercial Telegraph Company, 
for the purpose of constructing, maintaining, and using lines 
of telegraph within this Commonwealth, from Boston to 
Springfield, and connecting the same with any other lines 
of telegraph which may have been or may hereafter be con- 
structed, and for extending the same to the city of New 
York, and also from Boston to Providence, in the State of 
Rhode Island, and thence to New York, with all the pow- 
ers and privileges, and subject to aU the duties, liabilities, 
and restrictions, contained in the forty-fourth chapter of the 
Revised Statutes, and in an act approved the ninth day of 
April, in the year 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 not 
exceed one hundred thousand dollars, and no shares shall 
be issued for a less sum or amount, to be actually paid in 
on each, than the par value of the shares which shall be 
first issued. 

Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, May 18, 1852.] 



1852. Chap. 253—254. 179 

An Act to secure the title of the Commonwealth to Flats or Lands in the ChciJ). 253 
Back Bay in Boston Harbor. "' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The title of the Commonwealth, as owner Description of 
thereof in fee, to all the flats or lands within the two basins ^^"^^ ^^ ^°^" 
in the Back Bay, so called, below the ordinary line of ripa- claimed by the 
rian ownership, from which the natural flow of the tides in Common- 
Boston harbor has been cut off" by dams or otherwise, and 
also to the flats below said line, within two hundred feet 
north of the main dam leading from Boston to Brookline, 
is hereby asserted and declared ; and no adverse possession 
or occupation thereof by any individuals or corporations, 
for any period of time, shall be sufficient to defeat or divest 
the title of the Commonwealth therein. 

Sect. 2. The provisions of the twelfth section of the 12th sect of ch. 
one hundred and nineteenth chapter of the Revised Stat- J 1^. ^^^''^j^fj 
utes shall not be held to apply to any of the lands or flats fiats, repealed, 
described in the foregoing section ; but the provisions of 
said section are, with respect to said lands or flats, hereby 
repealed. [Approved by the Governor, May 20, 1852.] 

An Act in addition to the Act to Punish Abduction. Chat), 254 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Any person who shall fraudulently and deceitfully entice Abduction of 
or take away any unmarried female, under the age of six- females under 
teen years, from her father's house, or wherever else she 
may be found, without the consent of the parent, guardian, 
or master (if she have any) under whose care and custody 
she is living, for the purpose of effecting a clandestine mar- 
riage of such female without such consent, shaU be punished Punish by im- 
by confinement to hard labor in the State prison for a term P^dT^f or' 
not exceeding one year, or by fine not exceeding one thou- both. 
sand dollars, or by both fine and imprisonment in the com- 
mon jail, in the discretion of the court. [Approved by the 
Governor, May 20, 1852.] 



180 1852. Chap. 255—256. 

Chan. 255 -^^ •^^^ ^° incorporate the Cambridge Water-Worka. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Corporators. Sect. 1. Estes Howe, Gardiner G. Hubbard, Moses M. 
Rice, their associates and successors, are hereby made a 
corporation by the name of the Cambridge Water- Works, 
for the purpose of supplying the city of Cambridge with 
Powers, du- Water, with all the powers and privileges, and subject to all 
chs'^8'^'iuf4T ^^^ duties, restrictions, and liabilities, set forth in the thirty- 
R. s. eighth and forty-fourth chapters of the Revised Statutes. 

City may pur- Sect. 2. The city of Cambridge may at any time dur- 
chase corpo- ing the continuance of the charter hereby granted, purchase 
ra erig s, 'c. ^j^^ corporate property, and all the rights and privileges of 
the said corporation at such price as may be agreed upon 
In case of dis- between the said parties, and in case of disagreement, the 
agreement. supreme judicial court, upon application by either party, 
shall be authorized to appoint three commissioners to settle 
such disagreement. 
Corporation, Sect. 3. The Said corporation, with the consent of the 
with consent, mayor and aldermen of the city of Cambridge, shall have 
ground,*^&c., power and authority to open the ground in any part of the 
for conducting streets, lanes, and highways in the said city, for the purpose 
^^ ^^' of conducting and distributing water through the said city. 

And the said corporation, after opening the ground as afore- 
said, shall be held to put the same into repair under the 
Mayor and ai- Penalty of being prosecuted as a nuisance : provided, that 
dermen may the Said mayor and aldermen for the time being shall at all 
and'doiner times have the power to regulate, restrict, and control the 
acts and doings of said corporation which may in any man- 
ner affect the health, safety, or convenience of the inhabi- 
Corporation tants of said city. 

may hold real Sect. 4. The Said Corporation may, for the purposes 
ooo^-*^whoie '" aforesaid, hold real estate not exceeding in value one hun- 
capitai stock dred thousand dollars, and the whole capital stock shall not 
J?500,ooo!'^'"^ exceed five hundred thousand dollars. 

Takes effect. Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, May 20, 1852.] 

Chan 256 ^^ ^^^ ^" regard to Appraisers of Real Estate taken on Execution. 

Be it etiacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

When judg- If at the time of appointing of appraisers of real estate 
Xent^ or°ne- taken in execution, the judgment debtor shall be absent 
gleets to ap- from the Commonwealth, or not a resident therein, and 



1852. Chap. 256—257. 181 

shall have no agent or attorney known to the officer, or point apprais- 
shall neglect to appoint an appraiser, the officer shall ^'■;°^'f'' "^^y 
appoint one for him, and shall state the above facts in his fdr'h^.°'^* 
return or certificate, as the reasons why he appointed an 
appraiser for the debtor. And no levy heretofore made 
shall be void by reason of the officer's having appointed an 
appraiser for the judgment debtor, if it shall be made to 
appear at any trial that the debtor, at the time of appoint- 
ing the appraisers, was absent from the Commonwealth, and 
not a resident therein, and had no agent or attorney therein 
known to the olHcer, and did not appoint an appraiser for 
himself. [Approved by the Governor, May 20, 1852.] 

An Act to incorporate the New England Emigration Company. Chat) 257 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. J. V. C. Smith, Patrick Donahoe, and S. O. Corporators. 
Dearborn, their associates and successors, are hereby made 
a corporation by the name of the New England Emigration 
Company, for the purpose of aiding emigrants and others Purpose of aid- 
in moving to the west, by furnishing them with means and l"^„f™l"^"f^ 
facihties for emigrating and procuring lands, tenements, 
and the appurtenances necessary for cultivating the lands, 
with all the powers and privileges, and subject to all the Powers, liabii- 
duties, restrictions, and liabilities, set forth in the thirty- g'^*' f "v^*'^' 
eighth and forty-fourth chapters of the Revised Statutes, s., and in act 
and in the fourth, ninth, and tenth sections of the act en- ^^ ^^^^• 
titled " An Act relating to Joint-Stock Companies," passed 
in the year one thousand eight hundred and fifty-one. 

Sect. 2. Said corporation may hold real estate to the May hold 
value of twenty-five thousand dollars, of which amount ^^^J^^^ ^^^^ 
there may be real estate to the value of ten thousand dol- 
lars, situated in Boston, in this Commonwealth, the remain- 
der to be situated in one or more of the western States ; 
and the capital stock of said corporation shall not exceed Capital stock 
fifty thousand dollars : provided, that they shall not sell ll^",'?"*^' 
lands at any higher price than the maximum government higher than 
price, and they shall make report of the receipts and expend- government 
iturcs annually to the secretary of this State. 

Sect. 3. The place of business of said corporation shall Boston, place 
be located and estabhshed in the city of Boston, and no °*'^"*'"^*s- 
shares in the capital stock of said corporation shall be is- 
sued for a less amount, to be actually paid in on each, than No shares less 
the par value of the shares which shall be first issued. anpar-va ue. 

Sect. 4. The net profits of the corporation shall be ex- Net profits, 
pended in transporting emigrants to the western States, ^ow expended. 



182 1852. Chap. 257—259. 

and defraying their expenses until they are in a situation 
to sustain themselves without such aid. 
Takes effect. Sect. 5. This act shall take effect from and after its 
passage. [Approved by the Governor, May 20, 1852.] 

Chap. 258 An Act in addition to An Act concerning Juvenile Offenders in the City of 

Lowell. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Courts may In addition to the authority given by the act enti- 

sentenceju- ^led An act concerninor Juvenile Offenders in the city 
ers to Lowell of Lowell, passed in the year one thousand eight hun- 
institution for dred and forty-five, to the courts in said act named, said 

rGioriTifitiOTi . » 

as well as re- courts may Sentence juvenile offenders resident in said 
form school. Lowell, to the Lowell institution for the reformation 
of juvenile offenders, in the same manner, and for the 
same causes, and time, and upon the same conditions, for, 
and upon which, juvenile offenders may, by the one hun- 
dred and sixty-fifth chapter of the acts of the year one 
thousand eight hundred and forty-seven, be sentenced to the 
State reform school. \Aj)proved by the Governor, May 20, 
1852.] 

Chat). 259 "^^ ^'^^ ^^ punish the crimes of Treason, Rape, and Arson. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Treason, State Sect. 1. Every person who shall commit the crime of 
prison for life, treason against this Commonwealth shall be punished by 

imprisonment in the State prison for life. 
Rape, State Sect. 2. Evcry person who shall ravish and carnally know 

prison for life, any female of the age of ten years, or more, by force and 
against her will, or shall unlawfully and carnally know and 
abuse any woman child under the age of ten years, shall 
be punished by imprisonment in the State prison for life. 
Arson, State Sect. 3. Every person who shall wilfully and maliciously 
prison for life, burn, in the night time, the dwelling house of another, or 
shall set fire to any other building, by the burning whereof 
such dwelling house shall be burnt in the night time, shall 
be punished by imprisonment in the State prison for life. 
These crimes Sect. 4. Nothing in tliis act shall be construed to luake 
not bailable, any Crime herein mentioned bailable, otherwise than it 
would have been before the passsage of this act. [Approved 
by the Governor, May 20, 1852.] 



1852. Chap. 260—262. 183 

An Act to extend the time for locating the Union Railroad. Chan 260 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The time for locating and completing the Union Rail- Extended two 
road, as provided in the act incorporating the Union Rail- y^^''^- 
road Company, passed May tenth, in the year one thousand 
eight hundred and forty-eight, is hereby extended two years 
from tlie passage of this act. [Approved by the Governor, 
May 20, 1852.] 

An Act to amend the charter of the City of Lowell. Chap. 261 

Be it 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 charter of the city of Lowell is hereby parts of sec- 
amended in the following particulars, viz. : the seventh sec- 1'°"'' ®6^<^" 
tion of said charter shall be amended by striking out of stluck out^ 
said section the words, " who shall be ex officio members of 
the school committee," and the twentieth section of said 
charter shall be amended by striking out of said section the 
words, " one person, being also an inhabitant of said ward, 
to be a member of the school committee," and substituting 
instead of the words so stricken out, the words following, 
viz. : three persons being also inhabitants of said ward, School com- 
who, with the mayor, and president of the common coun- ^nstftuted. 
cil, shall constitute the school committee. 

Sect. 2. This act shall not go into effect until it shall Act to take ef- 
be accepted by a majority of votes cast by the legal voters cep^ed^by legal 
of the city of Lowell, qualified to vote for city officers, on voters, 
the question of its acceptance at meetings to be called for 
that purpose, in their respective wards, within sixty days 
after the passage of the act : and it shall be the duty of the 
mayor and aldermen of said city to call such meetings of jermTn^to'^caii 
the said citizens, within the time aforesaid for the purpose such meetings. 
aforesaid, and if they shall neglect said duty they shall be 
liable to a fine of one thousand dollars, to be recovered by ^,^"®^°J,ono 
indictment in any court proper to try the same. [Ap- ^ ^'^ ' * 
proved by the Governor, May 20, 1852.] 

An Act in addition to An Act to provide for the Adoption of Children. Chat). 262 
Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aiithority of 
the same, as follows : s,,tio„ ,,,„„d 

Shot. 1. Section second of chapter three hundred and ^^ actJ'o7i8.5i 
twenty-four, of the acts of one thousand eight hundred and amended. 



184 1852. Chap. 262—264. 

fifty-one, is hereby so amended, that if there be no mother 
of such child, and the father shall be imprisoned in the State 
prison or house of correction for a term of three years or 
upwards, the consent to such adoption may be given by the 
legal guardian of such child. [Approved by the Governor, 
Map 20, 1852.] 

C^hnn 26^^ "^^ ^^^ ^^ addition to " An Act to incorporate the Trustees of the Tufts 
-t ' College." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as folloivs : 

Provisions of Sect. 1. All the provisions of chapter one hundred forty- 
chap. 141,18.52, one of the acts of the year one thousand eight hundred 
weU to^Sonier- and fifty-two, entitled " An Act to incorporate the Trustees 
viUe as Med- of the Tufts College," shall apply and remain in full force, 
if the said college shall be established in the town of Som- 
erville, in the same manner as if established in the town of 
Medford, as contemplated in said act. [Apjiroved by the 
Governor, May 20, 1852.] 

Chat). 264 -^^ ^^^ ^'^ incorporate the Ashburton House Company. 

Be it enacted by the Senate and House of Represetita- 
tives, in General Court assembled, and by the authority of 
the satne, as follows : 

Corporators. Sect. 1. Henry Plympton, George A. Doane, George 
Passarow, their associates and successors, are hereby made 
a corporation by the name of the Ashburton House Com- 
Purpose. pany, for the purpose of erecting and maintaining a public 

house in the county of Suffolk, to be called the Ashburton 
Powers, liabiii- House ; with all the powers and privileges, and subject to 
chapttr '44^R." ^11 the dutics, liabilities, and restrictions, set forth in the 
s. forty-fourth chapter of the Revised Statutes. 

May hold real Sect. 2. Said Corporation may hold real and personal 
and perspnal estate uecessary and convenient for the pm-pose aforesaid, 
ooo! ^ ' not exceeding in amount five hundred thousand dollars : 
No shares is- provided, that no shares in the capital stock thereof shall be 
sued under issued for a less sum or amount, to be paid in on each, than 
^^^' the par value of the shares first issued. 

No intoxicat- Sect. 3. If any ardent spirits or intoxicating drinks of 
ing drinks ; any kind whatever, shall be sold by said corporation, or by 
nuis^thi^ act" their agents or lessees, or by persons in their employ in said 

house, then this act shall be void. 
Takes eflect. Sect. 4. Tliis act shall take effect from and after its 
passage. [Approved by the Governor, May 20, 1852.] 



1852. Chap. 265—266. 185 

An Act to incorporate the Franklin Mutual Fire Insurance Company. Chan. 265 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Nathaniel Ingalls, Isaac Brown, David S. Neal, their as- Coiporators. 
sociates and successors, are hereby made a corporation by 
the name of the Franklin Mutual Fire Insurance Company, 
in the city of Lynn, for the term of twenty-eight years, for 
the purpose of insuring dwelling-houses and other buildings, Purpose, 
and personal property, against loss by fire, with all the pow- 
ers and privileges, and subject to all the duties, liabilities, Powers, du- 
and restrictions, set forth in the thirty-seventh and forty- as^'^n 'chapter ' 
fourth chapters of the Revised Statutes, and in all subse- 37 and 44 r. s. 
quent acts relating to mutual fire insurance companies. 
[Approved by the Governor, May 20, 1852.] 

An Act in relation to the City of Boston. Chan. 266 

Be it 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 aldermen of the city of Boston Twelve alder- 
shall, commencing with the ensuing municipal year, consist ™e"' one from 
of twelve persons ; and the legal voters of each ward shall chosen at same 
be annually called upon to give in their votes for one per- ^'^^ ^^^ ^^^' 
son. being an inhabitant of said ward, to be a member of council, 
said board of aldermen, to be chosen in the same form and 
manner, and at the same time as now provided by law for 
the election of members of the common council. 

Sect. 2. The legal voters of each ward of said city xwo assistant 
shall, commencing with the ensuing municipal year, be assessors in 
annually called upon to vote for two assistant assessors,v 
who . shall be inhabitants of said ward, and who shall be 
chosen in the same manner and form, and at the same time 
as is provided in the foregoing section for the election of 
aldermen. 

Sect. 3. Whenever the mayor and aldermen of the city How streets, 
of Boston shall adjudge that the public safety and conve- [^"^^'i^f^^o^t® 
nience require that any street, lane, or alley in the said city altered, &c. 
shall be laid out, altered, or discontinued, they shall make 
and record an estimate of the expense thereof, and if such 
estimate shall exceed the sum of five thousand dollars, or if 
such estimate with the estimates of any previous alteration 
or discontinuance of any part of such street, lane, or alley, -^vhcn over 
during the municipal year, shall exceed the sum of five ,s; woo, concur- 
thousand dollars, the order for such laying out, alteration, [.^on^council 
or discontinuance, together with an estimate of the expense required. 
24 



186 1852. Chap. 266—268. 

thereof, shall be sent to the common council for its concur- 
rence or rejection ; and such order shall not take etfect or be 
in force until the common council shall concur therein. 
Proceedings Sect. 4. No crectlou, alteration, or repair of any court- 

when public house, jail, house of correction, fire-proof office, or any other 
to^beerecte'd. building, for the purposes of the county of Suffolk, shall be 
made by the mayor and aldermen of the said city, except 
as herein provided, to wit : whenever the mayor and alder- 
men shall by vote declare that such erection, alteration, or 
repair is necessary or expedient, they shall make and record 
an estimate of the expense thereof, and if such estimate 
shall exceed the sum of five thousand dollars, a copy of the 
said vote and estimate shall be sent to the common council 
for its concurrence, rejection, or amendment ; and all acts 
or parts of acts inconsistent with this act are repealed. 
Not to take Sect. 5. The first four sections of this act shaU not go 

effect till a c- jj^^q effect unless they be approved by a maiority of the 
Toters. legal voters of the city of Boston, voting thereon, severally, 

by yea and nay ballot, in their respective wards, at the an- 
nual election of State officers in November next ; and the 
mayor and aldermen of the said city shall insert in the war- 
rant for the aforesaid election an article submitting the afore- 
said question to the decision of the said legal voters of the 
city of Boston. yApproved by the Governor^ May 20, 1852.] 

Ohon 267 ^^ ^^^ ^^ addition to an Act to establish the office of Assistant Clerk of 
-* ' the Courts in the County of Middlesex. 

Be it enacted by the Setiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Salary 51200. Sect. 1. The assistant clerk of the courts in the county 
of Middlesex shall receive for his services as assistant clerk 
of said courts, the sum of twelve hundred dollars a year, 
to be retained and paid to him by the clerk of said courts, 
from the residue of fees which he is now required to pay to 
the county treasurer. 

Sect. 2. So much of the act to which this is in addition, 
as is inconsistent with this act, is hereby repealed. 

Takes effect. Sect. 3. This act shall take effect from and after its 
passage. [Approved by the Governor, May 20, 1852.] 

Chat) 268 "^^ ^^^ concerning the Triton Mutual Marine Insurance Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Triton Mutual Marine Insurance Com- 
pany, in the city of Boston, in addition to the powers 



1852. Chap. 268—270. 187 

and privileges already granted to it by law, may make in- May insure, on 
suranee, on the mutual principle, against losses by fire ; and "j'^^uai prind- 
for this purpose shall have all the powers and privileges, Uisse^'s^by'^fire. 
and be subject to all the duties, liabilities, and restrictions, Powers, &c., 
set forth in the thirty-seventh chapter of the Revised Stat- 3?, r"|^p^^' 
utes, and in all subsequent acts relating to mutual fire insur- 
ance companies. " *^ ^ 

Sect. 2. If said company shall file a notice of its if said compa- 
acceptance of its act of incorporation, passed on the thirti- "^ fo-f ^"^ '^o^ 
eth of April, one thousand eight hundred and fifty-one, days,^it win be 
with the secretary of the Commonwealth, within thirty deemed full 
days after the passage of this act, it shall be deemed to have &c!^ '^^^^' 
fully complied to all intents and purposes with the provi- 
sions of the twenty-first chapter of the act of the year one 
thousand eight hundred and forty-two, entitled An Act 
concerning Insurance Companies. 

Sect. 3. Said company shall hereafter be known and 
called by the name of the Triton Insurance Company. 

Sect. 4. This act shall take effect on and after its Takes effect, 
acceptance by a vote of a majority of the members of said 
company, present and voting at a legal meeting called for 
that purpose. [Approved by the Governor, May 20, 1852.] 

An Act rekting to the Treasurer of the State Lunatic Hospital. ChaD 269 

Be it enacted by the Senate and House of Representa- 
tives^ in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The report of the treasurer of the State Luna- Annual report 
tic Hospital, now required by law to be made annually to bemadtTtr *° 
the governor and council, shall hereafter be made to the trustees. 
trustees of the said hospital, at their annual meeting, in the 
month of December; and the said trustees shall audit the 
same and transmit it with their annual report to the gov- 
ernor and council. 

Sect. 2. The accounts and books of the said treasurer Books open to 
shall at all times be open to the inspection of said trustees, trustees. 
[Approved by the Governor, May 20, 1852.] 

An Act to incorporate the Middleborough House. Chat). 270 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Philander Washburn, Peter H. Pierce, George Corporators. 
Waterman, their associates and successors, are hereby made 
a corporation by the name of the Middleborough House, 



188 1852. Chap. 270—272. 

Public house for the purpose of erecting in the town of Middleborough, 
borouehf" buildings necessary and convenient for a public house, with 
Powers &c. ^^^ ^^® powers and privileges, and subject to all the liabili- 
ties, duties, and restrictions, set forth in the forty-fourth 
chapter of the Revised Statutes. 
May hold real Sect. 2. Said Corporation may hold such real and per- 
and personal sonal property as may be necessary and convenient for the 
purposes aforesaid, not exceeding in amount twenty thou- 
No shares is- sand dollars : provided, that no shares in the capital stock 
par vafue ^^''^ ^^ ^^^^ corporation shall be issued for a less sum or amount, 
to be actually paid in on each, than the par value of the 
shares which shall be first issued. And if any ardent 
JNo intoxica- spirits, or intoxicating drinks of any kind whatever, shall 
ting drinks, ^g g^j^j j-^y gg^j^j company, or by agents, lessees, or persons 
in its employ, in any of said buildings, then this act shall 
be void. [Approved by the Governor, May 20, 1852.] 

Chap. 271 -^^ ^^^ *° incorporate the "Sailors' Snug Harbor of Boston." 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators Sect. 1. P. Greely, Jr., R. B. Forbes, Josiah Bacon, 

their associates and successors, are hereby made a corpora- 
tion, by the name of the Sailors' Snug Harbor of Boston, 
Purpose, re- for the purpose of relieving and supporting decrepit, infirm, 
lieving, &c., Qj. a^ed sailors : with all the powers and privilesres, and 

iniirni sailors. .*-* ' , ,■*, ,,,~ 

Powers liabii- subject to all the duties, restrictions, and liabilities, set forth 
ities, &c. in the forty-fourth chapter of the Revised Statutes. 
May receive Sect. 2. Said Corporation may receive and take by pur-- 

real or person- chase, grant, dcvisc, bequest, or donation, any real or 
pioper y. personal property, and hold the same for the purposes afore- 
said, and may manage and dispose of the same according 
Whole proper- to their discretion : provided, that the whole amount of real 
ceed°S'50 000 ^"^ personal property held and possessed by said corpora- 
tion shall not exceed in value, at any one time, the sum of 
fifty thousand dollars. [Approved by the Governor, May 20, 
1852.] 

Chun. 272 "^" ^^^ ^" addition to " An Act to anthorize the organization of the Serpen- 
"' tine Paint and Fire-Brick Company." 

Be it enacted by the Seriate and House of Representa- 
tives, in General Court assem^bled, and by the authority of 
the sa7ne, as follows : 

Charter Sect. 1. The charter of the Serpentine Paint and Fire- 

amended. Brick Company is hereby so amended as to authorize the 

said company to establish their manufactory either in the 

town of Chester or the city of Springfield. 



1852. Chap. 272—274. 189 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, May 20, 1852.] 

An Act to incorporate the Roger Sherman Hotel Company. ChaiJ. 273 

Be it enacted by the Senate aiid House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Charles Porter, J. R. Nichols, James E. Ames, 
their associates and successors, are hereby made a corpora- 
tion, by the name of the Roger Sherman Hotel Company, 
for the purpose of erecting in the town of Haverhill, build- in Haverhill, 
ings necessary and convenient for a public house, with all pg^^g^s liabil- 
the powers and privileges, and subject to all the duties, lia- ities, &c., as 
bilities, and restrictions, set forth in the forty-fourth chapter Rev^rid staf- 
of the Revised Statutes. utes. 

Sect. 2. Said corporation may hold such real and per- May hold real 
sonal property as may be necessary and convenient for the ^^^ personal 

r • ■> f ' ■ 1 property. 

purposes aforesaid, not exceeding in amount sixty thousand 

dollars : provided, that no shares in the capital stock of said No shares less 

corporation shall be issued for a less sum or amount, to be than par value. 

actually paid in on each, than the par value of the shares 

which shall be first issued. 

Sect. 3. If any ardent spirits or intoxicating drinks of No intoxica- 
any kind whatever shall be sold by said company, or by ^^°s tirmks. 
their agents, lessees, or persons in their employ, in any of 
said buildings, then this act shall be void. [Approved by 
the Governor, May 20, 1852.] 

An Act concerning Persons under Sentence of Death. Ckap. 274 

Be it 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 person shall be convicted of any Persons sen- 
crime punishable with death, and sentenced to suffer such g^aif^jirg^'^^e'^ 
punishment, he shall, at the same time, be sentenced to sentenced to 
hard labor in the State prison, until such punishment of ^^rd_iabor^one 
death shall be inflicted. prison. 

Sect, 2. And no person so imprisoned shall be executed proceedings 
in pursuance of such sentence within one year from the day g^^^j^°"^ *" 
such sentence of death was passed, nor until the whole re- 
cord of such proceedings or case shall be certified by the 
clerk of the court which passed the sentence, under the seal 
thereof, to the governor, nor until a warrant shall be issued 
by the governor, with advice of the council, under the great 
seal, with a copy of the record thereunto annexed, com- 



190 1852. Chap. 274—275. 

manding the sheriff of the county in which the trial was 
had, to cause execution to be done. 
Clerk of court Sect. 3. The clerk of the court which passed the sen- 
^haii certify, ^gfjce shall Certify the record of the proceedings, or case, 
under the seal of said court, to the governor, within one 
month after such sentence is passed ; and if said clerk 
shall neglect so to certify such record, he shall be liable to 
Penalty for ne- a penalty of One thousand dollars, to be recovered by indict- 
giect. ment in any court competent to try the same. 

Takes effect. Sect. 4. This act shall have no effect in any case now 
pending. [Approved by the Governor^ May 20, 1852.] 

Chan. 275 -^^ ^^^ '" relation to Paupers having no settlement in this Commonwealth. 

Be it enacted by the Senate and House of Represetita- 
tives, ill General Court assembled, and by the autliority of 
the same, as follows : 

Three commis- Sect. 1. His excellency the governor, with the advice 
sionerstose- and conscnt of the council, is hereby authorized and em- 
bijildins three powercd to appoint a board of three commissioners, who 
alms-houses, ghall select and purchase three sites for the purpose of erect- 
ing on each of them a building which shall be suflicient for 
the accommodation of five hundred inmates, a superintend- 
ent and his family, and all necessary subordinate officers ; 
one of which sites shall be in the county of Middlesex or 
the county of Essex ; one in the county of Bristol or the 
county of Plymouth, and one in some town of the Com- 
monwealth west of the town of Brookfield. 
Powers and du- Sect. 2. The Said Commissioners shall cause to be 
ties of commis- erected on each of said sites a building of the capacity 
Furn[sh the aforesaid, and shall properly furnish the same, and shall 
buildings, em- also causc to be constructed such workshops, and make 
p oy agents. ^^^^^ other provision for labor in connection therewith, as 
they may deem proper, and may purchase as much land 
attached to said buildings as, in their opinion, may be use- 
fully devoted to such purpose ; and they shall have power 
to make all contracts and employ all agents necessary to 
carry into effect the powers hereinbefore granted. 
Governor to Sect. 3. After tlie completion of such buildings the 

proclaim com- governor, upon being notified of that fact by the said com- 
y ^ ^°'^" missioners, shall issue his proclamation accordingly ; and 

Cities and thereupon the several cities and towns in the Common- 
towns to sead ^^.gjji^l^ gi^all have a right to send to one of said institu- 
paupei . tions, to be maintained at the public expense, all paupers 

not having a settlement within the Commonwealth, who 
are then receiving support from, or who may thereafterward 
fall into, distress in said cities or towns ; that is to say, the 
cities and towns in the counties of Suffolk, Middlesex, or 



1852. Chap. 275. 191 

Essex, may send such persons to the institution to be estab- 
lished as aforesaid in the county of Middlesex or the county 
of Essex ; the cities and towns in the counties of Norfolk, 
Bristol, Plymouth, Barnstable, Nantucket, or Dukes county, 
to the institution to be establislied as aforesaid in the 
county of Bristol or the county of Plymouth ; and the 
remaining cities and towns in the Commonwealth to the 
institution to be established as aforesaid in the western 
part of the Commonwealth. 

Sect. 4. No city or town shall receive any payment or No pay after 
allowance from the Commonwealth for the expense of sup- thirty days. 
porting any such pauper incurred more than thirty days 
after the issuing of such proclamation. 

Sect. 5. The governor, with the advice and consent of Governor to 
the council, shall appoint a superintendent of each of said ?PPO'nt super- 
institutions, whose salary shall be one thousand dollars per 
annum, and w^ho shall receive no other compensation or 
perquisite for his services, excepting the right to reside with 
his family, in the building under his care ; and it shall be 
his duty to receive all paupers sent as aforesaid with a pro- Duty. 
per certificate from the mayor of the city, or one of the 
overseers of the poor of the town from which they may be 
so sent, and to provide for them under such rules and regu- 
lations as shall be established in the manner hereinafter 
provided. 

Sect. 6. The governor, with the advice and consent of Three inspect- 
the council, shall appoint for each of said institutions three °'^^- 
inspectors, residing in the immediate vicinity thereof, re- 
spectively, who shall receive a salary of one hundred dol- 
lars each, whose duty it shall be to establish rules and Duties. 
regulations for the proper management and government of 
said institution, subject to the approval of the governor, 
and to see that all such rules and regulations are enforced. 
And each of said institutions shall be visited by one of said 
inspectors at least once in each week. 

Sect. 7. The said inspectors shall have the same power May bind mi- 
to bind as apprentices, minors who are inmates of the insti- norsto.ippren- 

11.1 !•• • ticeship. 

tution under their charge, the same authority in causing 

the inmates of said institution to be returned to the place May return ia- 

or country from which they came, and the same authority '"^'^^• 

in regard to the removal of lunatics to the State Lunatic 

Hospital, as is now vested in the overseers of the poor in 

the several cities and towns in the Commonwealth. 

Sect. 8. Each city and town shill be allowed, for the Expense of 
expense of transporting such paupers as aforesaid to said tnin^portiug 
institutions, ten cents for each mile of the distance from 
said city or town to said institution ; to be paid from 
the treasury of the Commonwealth upon the certificate of 



192 1852. Chap. 275. 

the superintendent of the institution where such pauper 
shall be received. 
Penalty for Sect. 9. If any inmate of either of said institutions, 

tutioa^ ^°^^'' above the age of sixteen years, shall leave the same without 
the consent of the inspectors thereof, and shall, within one 
year from the time of such leaving, be found within any 
city or town of the Commonwealth soliciting public or pri- 
vate charity, he shall, upon complaint and proof thereof, 
before any police court or justice of the peace, be punished 
Imprisonment, by confinement to hard labor in the house of correction for 
the county within which he shall be so found, for a term not 
exceeding three months. 
Inspectors to Sect. 10. It shall be the duty of the inspectors afore- 
audit all accts. gr^^^j ^q audit all the accounts of the superintendents of the 
tendents, and Said respective institutions ; and to report to the governor 
report to gov- jj^j^^j council iu the month of December, annually, the state 
of the institution under their charge, and the expenses, in 
detail, of said institution for the year next preceding said 
report. 
Commission- Sect. 11. The said commissioners are hereby authorized 
buiidin<^s^on ^^ P^^ ^^^ buildiugs belonging to the Commonwealth on 
Kainsford's Rainsford's Island, in the harbor of Boston, in a proper 
Island. state of repair for the reception of sick persons, and for the 

Expenses not accommodation of proper attendants : provided., however, 
srooir^*^ that the expense of such repairs shall not exceed the sum of 
five thousand dollars. And after the issuing of his procla- 
Foreign pau- mation by the governor, as is hereinbefore provided, all for- 
pers to be sent eiffn pauucrs arrivinff by water within the Commonwealth 

to one of the ?^^, ^ic-i i i, c- 

institutions, who cannot, on account oi sickness, be removed to one ot 
the institutions aforesaid, shall, during the continuance of 
such inability, be supported at said island ; and the gov- 
ernor is hereby authorized, by and with the consent of the 
council, to appoint such officers and attendants, and to 
ordain and establish such rules and regulations for the gov- 
ernment and supporting of the said paupers, and to establish 
such compensation for said officers and attendants, as he 
may think proper, until the further action in the premises 
of the Legislature. 
Expenses may Sect. 12. To defray any expenses for the purchases, 
be paid by buildings, and repairs hereinbefore authorized, the treasurer 
' ' of the Commonwealth is hereby empowered, under the 
direction of the governor, with the advice and consent of 
the council, to issue scrip or certificates of debt, in the name 
and behalf of the Commonwealth, and under his signature 
and the seal of the Commonwealth, to an amount not ex- 
ceeding one hundred thousand dollars, bearing an interest 
of five per cent, per annum, payable semi-annually, with 
warrants for the interest attached thereto, which scrip or 



1852. Chap. 275—276. 193 

certificates shall be redeemable in twenty years from the 
date thereof, and shall be countersigned by the governor 
and be deemed a pledge of the faith and credit of the Com- 
monwealth. And the said treasurer may, under the direc- Treasurer may 
tion of the governor, dispose of any portion of said scrip at dispose of 
any price not less than its par value. ^°'^'^' 

Sect. 13. Three thousand dollars annually shall be ^3000 to be re- 
reserved from the amount received from alien passengers ^^'^'^^^' 
arriving in the Commonwealth, to constitute a sinking fund 
for the redemption of the scrip issued as hereinbefore 
authorized. 

Sect. 14. The amount of expenses and liabilities for Amount of ex- 
said purchases, buildings, and repairs, shall not exceed the exceed scrip *° 
amount of said scrip and the amount of preiTuum received 
upon the sale thereof. 

Sect. 15. If said institutions are ready for the reception if institutions 
of inmates before the first day of February next, the gov- ^^^J^^J ^^\y. 
ernor is hereby authorized to draw his warrant upon the trea- emor may 
sury for all expenses incurred in the support of such inmates fJr^expense"' 
until the said first day of February. 

Sect. 16. This act shall take effect from and after its 
passage. [Approved by the Governor^ May 20, 1852.] 

An Act to incorporate the Hampden Railroad Company. Chcip. 276 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Abner Post, James Fowler, Ira Yeamans, Jr., Corporators. 
Matthew Ives, N. T. Leonard, their associates and suc- 
cessors, are hereby made a corporation by the name of the 
Hampden Railroad Company, with all the powers and pri- Powers, re- 
vileges, and subject to all the duties, restrictions, and liabili- 44"a'i^d 39'Re-' 
ties, set forth in the forty-fourth chapter of the Revised vised statutes. 
Statutes, and in that part of the thirty-ninth chapter of the 
said statutes, relating to railroad corporations, and in all stat- 
utes subsequently passed relating to railroad corporations. 

Sect. 2. Said corporation may construct and maintain Location and 
a railroad from some convenient point near the depot of the termmi. 
Western Railroad, in Westfield, thence on or near the line 
of the canal to the line of the State of Connecticut to some 
convenient point in the town of Granby. 

Sect. 3. The capital stock of said corporation shall Capital stock, 
consist of seventeen hundred and fifty shares, of one hun- ^^^foVeachfnot 
dred dollars each, and no assessment shall be made thereon to be assessed 
of a greater amount in the whole than one hundred dollars ^{ooper^Jhare. 
on each share ; and no share in the capital stock of .said 
corporation shall be issued for a less sum or amount, to be 
25 



194 1852. Chap. 276—277. 

No share to be actually paid in on each, than the par value of the shares 
than par value which shall be first issued ; and the said corporation may 
May hold ne- Purchase and hold such real estate, materials, engines, and 
cessary real cars, and othcr things, as may be necessary for depots for 
estat^e!"^^"^^^ the use of said road, and for the transportation of persons, 

goods, and merchandise. 

May unite with Sect. 4. Said corporation may enter upon and unite 

^ad!^'^^ ^^^^' their railroad by proper turnouts and switches, with the 

Western Railroad, at some convenient point at or near the 

depot of said road in Westfield, and may use the same 

under the provisions and restrictions of the laws relating to 

railroads in this Commonwealth. 

Location to be Sect. 5. If the location of said railroad shall not be 

years^anTraii- ^^^^^ according to law withiu two ycars, and if the said 

road con- railroad shall not be constructed within three years from 

threfyears, or 'the passage of this act, this act shall be void. 

act void. Sect. 6. If any subscriber or shareholder shall refuse or 

If any sub- neglect to pay the assessments as they become due, so far 

to'pay assess- as is necessary to comply with the eighth section of this 

ments, stock ^^^i i\^q directors may declare his stock forfeited, with the 

u6Cl3.T6CI tor™ ■' •' ' 

feited, sums of money, if any, which have been paid on them, and 

assign the shares to some responsible person or persons, 
who are willing to subscribe for the same. 
Construction Sect. 7. The said corporation shall not commence the 
not to be com- construction of their road, or any part thereof, until a cer- 
^rtificate tificate shall have been filed in the office of the secretary of 
filed. the Commonwealth, subscribed and sworn to by the presi- 

dent of the said company, and a majority of the directors 
thereof, stating that all of the stock named in their charter has 
been subscribed for by responsible parties, and that twenty 
per cent, of the par value of each and every share of the 
stock thereof has been actually paid into the treasury of the 
company. 
Takes effect. Sect. 8. This act shall take effect from and after its 
passage. [Approved by the Governor, May 20, 1852.] 

ChaD 277 ^" ^^^ *° incorporate the Boston Theatre. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Corporators. Sect. 1. David Sears, John E. Thayer, Gardner 

Brewer, their associates and successors, are hereby made a 

corporation by the name of the Boston Theatre, for the 

purpose of erecting and maintaining in the city of Boston 

Powers liabiii- ^ building suitable for a theatre and opera-house : with all 

ties, &c., as in the powers and privileges, and subject to all the duties, lia- 



1852. Chap. 277—279. 195 

bilities, and restrictions, set forth in the forty-fourth chapter chapter 44 R. 
of the Revised Statutes. ^* 

Sect. 2. Said corporation may hold real and personal May hold real 
estate necessary and convenient for the purpose aforesaid, e"tate^'^s250^ 
not exceeding in amount two hundred and fifty thousand ooo. 
dollars : provided^ that no shares in the capital stock shall No shares is- 
be issued for a less sum or amount, to be paid in on each, ^^^^ under 
than the par value of the shares that shall he, first issued. 

Sect. 3. If any ardent spirits or intoxicating drinks of No intoxicat- 
any kind shall be sold in said building by said corporation, ^^^ drinks, 
their agents, lessees, or persons in their employ, then this 
act shall be void. [Approved by the Governor, May 20, 
1852.] 

An Act to increase the capital stock of the Boston Wharf Company. ChaV- 278 

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 Wharf Company is hereby authorized to May increase 
increase its capital stock by an amount not exceeding two S^240,ooo in 

1*63.1 Alld. OGIT* 

hundred and forty thousand dollars, and may invest such sonal estate. 
increase in real and personal estate, necessary and con- 
venient for the purposes for which it was incorporated : pro- 
vided, that no shares in said capital stock shall be issued for no shares is- 
a less sum or amount, to be paid in on each, than the par sued under 
value of the shares as fixed by an act passed in the year 
one thousand eight hundred and thirty-eight, entitled An 
Act in addition to an act to incorporate the Boston Wharf 
Company. [Approved by the Governor, May 20, 1852.] 

An Act concerning Alien Passengers. Chap. 279 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the sam,e, as follows : 

Sect. 1. The fifth section of the act entitled " An Act Act of 1848 ai- 
concerning Alien Passengers," approved on the tenth day of t^red. 
May in the year one thousand eight hundred and forty- 
eight, is hereby amended so as to read as follows : 

If on examination there shall be found among said pas- what passen- 
sengers any lunatic, idiotic, deaf and dumb, blind, or maimed gers not to 

^ jir l3.nd. 6XC6Dt on 

person, no such person shall be permitted to land unm'^the surety. 
master, owner, consignee, or agent of such vessel shall make 
and deliver to said superintendent a bond to the Common- 
wealth, with satisfactory sureties in the sum of one thou- 
sand dollars, conditi9ned that such passenger shall not, 



196 1852. Chap. 279—280. 

within ten years from the date of said bond, become a city, 
town, or State charge within this Commonwealth. And in 
Other passen- respect to every other of said passengers the said superin- 
orl2°ea?h^'^*^'' tendcnt before he shall be permitted to land, shall require 
a bond, secured as aforesaid, in the sum of three hundred 
dollars, conditioned that such person shall not become a 
charge as aforesaid within five years from the date of 
said bond : provided^ hoivever, that in lieu of the bond lastly 
above-mentioned the said superintendent may receive from 
said master, owner, consignee, or agent, such sum as in his 
judgment shall be sufficient to cover the risk incurred by 
the Commonwealth in permitting such passenger to be 
landed, and thereupon permit such passenger to be landed ; 
provided, that the sum so to be paid shall in no case 
be less than two dollars ; and the names of all such pas- 
sengers shall be certified by said superintendent on the 
Sick and desti- back of the report : cmd provided, further, that if any pas- 
v^^'d^for ^'^°" sengers so arriving as aforesaid are so sick or destitute as 
to require relief, and if said master shall refuse to report 
them, or if said master, ( owner, consignee, or agent shall 
refuse to give such bond as is herein required, the said 
superintendent may permit them to be landed, and in such 
cases any city or town that shall be put to any expense for 
the support, sickness, or burial of any such passenger, within 
ten years of the time he has so landed, may maintain an 
action of debt against said master, owner, consignee, or 
agent, and recover all expenses incurred as aforesaid ; and 
said commanding officer, owner, consignee, or agent, shall 
be liable to the penalties provided in the tenth section of 
this act. 
Takes effect. Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, May 20, 1852.] 

L'tiap. ^OU ^^ ^^^ jjj addition to an act to establish an additional District for the 

administration of the Criminal Law. 

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. An act to establish an additional district for 
t^'^uke^ttec?^ the administration of the criminal law, passed on the 
on passage of seventh day of May instant, shall take effect from and after 
*^^^" the passage of this act, instead of the tenth day of May as 

pr«^fllled in that act. , '.^^ 

Sect. 2. This act shall take effect from and aH^ its 
Takes effect, pj^gg^ge. [Approved by the Governor, May 20, 1852.] 



1852. Chap. 281—283. 197 

An Act relating to the Board of Persons confined for Debt. Chai) ^Sl 

Be it enacted by the iSenate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The sum allowed to the keepers of jails for the board of Jailor's pay for 
persons confined on mesne process, or execution, shall here- o?s^same ab'^for 
after be the same as that now by law allowed for the board criminals. 
of criminals confined in jails or houses of correction. [Ap- 
proved by the Governor, May 20, 1852.] 

An Act concerning Certificates of Elections. ChciJ) 282 

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 selectman of any town in this Commonwealth shall Fine for false 
give a certificate of election to any person voted for as a eiect^o°n*of rep- 
representative to the General Court, which certificate shall resentative. 
not be in accordance with the declaration of the vote in 
open town meeting at the time when the election so certi- 
fied took place, under a penalty of three hundred dollars. 
[Approved by the Governor, May 20, 1852.] 

An Act in addition to an Act concerning Truant Children and Absentees Chcil). 283 

from Schools. ■* 

Be it enacted by the Senate and House of Representa- 
tives, in Genei'al Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Any minor between the ages of six and fifteen Truant chii- 
vears, convicted under the provisions of an act entitled '^'■^° V'^jJ^^ 

. « • m /-ii Ml It! 1 r punished by 

" An Act concernmg Truant Children and Absentees irom commitment, 
School," passed in the year one thousand eight hundred ^^■> i^^stead of 
and fifty, of being an habitual truant, or of not attending 
school, or of being without any regular and lawful occupa- 
tion, or growing up in ignorance, may, at the discretion of 
the justice of the peace or judicial officer having jurisdiction 
of the case, instead of the fine mentioned in the first section 
of said act, be committed to any such institution of instruc- 
tion, house of reformation, or suitable situation, as may be 
provided for the purpose under the authority given in said 
fijst section, for such time as such justice or judicial officer 
may determine, not exceeding one year. 

Sect. 2. Any minor convicted of either of said offences, Unahle to pay 
and sentenced to pay a fine as provided in the first section ^^^ ™.^y ^V^ 

1-11--.1T- • irixf committed or 

of the act to which this is in addition, may, in default ot discharged. 
payment thereof, be committed to said institution of in- 



198 1852. Chap. 283—284. 

struction, house of reformation, or suitable situation pro- 
vided as aforesaid, or to the county jail, as provided in case 
of non-payment of other fines. And upon proof that said 
minor is unable to pay said fine, and has no parent, guar- 
dian, or person chargeable with his support, able to pay the 
same, he may be discharged by said justice or judicial offi- 
cer, whenever he shall see fit. 
Final dis- Sect. 3, If any person so convicted be not discharged 

c arge. ^^ aforesaid, he shall be discharged according to the provi- 

sions of the third section of the one hundred and forty-fifth 
chapter of the Revised Statutes. 
When and how Sect. 4. The powers of the justice of the peace, or ju- 
dcetha'ifb''"*' ^^^^^^ officer Under this act and the act to which this is in 
continued. addition, in all unfinished cases, shall continue under any 
re-appointment to the same office, provided there be no 
interval between the expiration and re-appointment to said 
office. 
Third section Sect. 5. The third section of the act entitled " An Act 
repealed. concerning Truant Children and Absentees from School," 

passed in the year one thousand eight hundred and fifty, is 
hereby repealed. [Approved by the Governor^ May 20, 
1852.] 

Chap. 284 An Act in addition to " An Act for the Better Security of the Ballot." 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled^ and by the authority of 
the same, as follows : 

An unsealed Sect. 1. It shall be the duty of the selectmen of each 

envelope towu, and the warden and inspectors of every ward in 

|ec°ed, but'ff c^ch city of this Commonwealth, when acting under the 

received must provisions of an act entitled " An Act for the Better Secur- 

e counte . -^^ ^£ ^j^^ Ballot," passed in the year one thousand eight 

hundred and fifty-one, to refuse to receive any envelope 

which they shall know to be unsealed when offered at the 

ballot-box, but no envelope when once received by said 

officers, shall thereafter be rejected in consequence of its 

being found unsealed. 

Envelopes, Sect. 2. It shall be the further duty of the selectmen of 

blank votes. i, j ±u j j*xr j 

&c., not count- each town, and the wardens and inspectors oi every ward 
ed— how dis- in each city within the State, to retain and preserve, and 
pose o . make return, with their return of the number of votes 
cast at any election in which envelopes are required by 
law to be used, all such envelopes and votes, or blanks, 
as shall be rejected or not counted by them, under the pro- 
visions of the fifth section of the act aforesaid and the first 
section of this act, and the same shall be carefully retained 



1852. Chap. 284. 199 

and kept by the officers to whom they are returned, until 
the result of the election in which they were so rejected or 
not counted, shall be determined by the final judges of such 
election. 

Sect. 3. The persons appointed under the fourth section Persons in 
of the aforesaid act, to take charge of the envelopes at any charge of en- 
election, and distribute the same at the polls, shall be sworn l^oia^ 
by the town clerk, or any person authorized to administer 
oaths, to the faithful discharge of their duty when appointed, 
and they shall not act as vote distributors, and shall keep 
and distribute said envelopes to persons claiming to be 
voters, from the opening until the closing of the polls for 
the day of the election, in some convenient place in the 
same room where the ballots shall be deposited in the 
ballot-box. 

Sect. 4. Any selectman, clerk, warden, inspector, or Penalty of offi- 
distributor of envelopes appointed by the selectmen, or *'^" P'^^'ecting 

*^ rGQUirsu clu- 

warden and inspectors, who shall neglect to perform any ties. 
of the duties required by this act, shall, on conviction 
thereof, forfeit and pay to the treasurer of the Common- 
wealth, a sum not less than fifty nor more than five hundred 
dollars. 

Sect. 5. Every person who shall make, stamp, or sell Fine for coun- 
any envelopes, with the arms of this Commonwealth, in ygiopes^^ ^^' 
imitation of those required by law, and ordered by the sec- 
retary of the Commonwealth, and with the intent or design 
of evading any of the provisions of this act, or the act to 
which this is in addition, shall be liable to a fine of not less 
than five hundred dollars for each offence. 

Sect. 6. After the officers, whose duty it is to open the As to counting 
envelopes and count the votes, shall have opened the enve- votes, 
lopes, and taken the ballot or ballots therefrom, and said 
envelopes shall have passed from the hands of said officers, 
it shall not be lawful for them to count any vote that may 
afterwards be found in the envelopes that have been opened. 

Sect. 7. The secretary of the Commonwealth is hereby Envelopes fur- 
authorized to furnish the State envelopes in reasonable nished at cost, 
quantities, at cost, to any person wishing to purchase the 
same for use at the polls. [Approved by the Governor, 
May 20, 1852.] 



200 1852. Chap. 285—288. 

Chan. 285 ^^ -^^^ ^" addition to an act to incorporate the Asiatic Mutual Marine In- 
surance Company. 

Be it enacted by the Senate and Honse of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

May insure Sect. 1. The Asiatic Mutual Marine Insurance Com- 

agamst lire, pany shall hereafter be known and called by the name of 

the Asiatic Mutual Insurance Company. 

Sect. 2. Said company may make insurance against 

loss by fire, on dwelling-houses and other buildings, and on 

personal property. [Approved by the Governor, May 20, 

1852.] 

Chap. 286 -^^ ^^t requiring Auctioneers to make returns. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Shall make re- Sect. 1. All auctioneers in this Commonwealth shall 
b"Ts\Tui^^^ make their returns and pay the tax due thereon, to the 
1852. ' treasurer of the Commonwealth, on or before the first day 

of July, one thousand eight hundred and fifty-two. 
Acts inconsis- Sect. 2. All acts and parts of acts inconsistent with 
tent repealed. |i^g foregoing section, are hereby repealed. [Approved by 

the Governor, May, 20 1852.] 

Chap. 287 -^^ ^^^ concerning the Counties in which Actions may be brought. 

Be it enacted by the Seiiate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Where trus- I^^ cascs of trustce proccss, if aU the persons named in 

tee process the Writ, as trustccs, have usual places of business in one 
may e serve . ^Q^j-^^y^ ^j^g -^^^j^ may be returnable in that county, other- 
wise it may be returnable in any county in which either of 
the persons named in the writ as trustees has a usual place 
of business, without regard to the domicil of the principal 
parties. [Approved by the Governor, May 20, 1852.] 

Chan 288 An Act relating to 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 : 

The October Sect. 1. The term of the Court of Common Pleas, 

P."hriibcheld which is now by law to be lioldcn at Ipswich, in the county 
at Lawrence of Essex, on the sccond Monday of October, shall, in the 



1852. Chap. 288—289. 201 

year one thousand eis^ht hundred and fifty-two, and each instead of ips- 
year thereafter, be holden at Lawrence, in said county, on nio'^ja'tionT™' 
the second INIonday of October : proi'ided, the inhabitants without ex- 
of said town of Lawrence shall provide the same accom- ^y"^^® ^° *^°'"^" 
modation for the holding of said term as is now provided for 
the holding of the December term of said court in said 
town, and without expense to said county, for the term of 
eight years. 

Sect. 2. All appeals, recognizances, and processes, and All appeals, 
every other matter of a criminal nature, which would be recognizances, 

*■ ' (XC. to D6 c&r- 

returnable to, and have day in the Court of Common Pleas, ried toLaw- 
to be holden at Ipswich as aforesaid, if this act had not ^^^'^s- 
been passed, shall be returnable to and have day in said 
court, at the term hereby established at Lawrence. 

Sect. 3. If in the opinion of the county commissioners if it shall be 
of said county it shall be necessary, in consequence of the fieemed neces- 

r , • • •! • -IT • 1 sary to erect 

passage of this act, to erect a jail in said Lawrence, with county build- 
all the necessary appurtenances and conveniences for the i""^'^^^.*'°.'^°' 

<> • • 1 11 1 1 • 1 ty commission- 

safe keeping of prisoners, it shall be their duty to erect the crs shall erect 

same : provided, the inhabitants of said town of Lawrence ^hloii°&c°'^" 

shall provide for the use of said county a suitable site for 

the same, to the acceptance of the county commissioners, 

and within reasonable time after they shall have been 

thereto requested. 

Sect. 4. All acts and parts of acts inconsistent with Acts inconsis- 
the provisions of this act, are hereby repealed. ^^^' repealed. 

Sect. 5. This act shall take effect from and after its 'i'akes effect, 
passage. [Approved by the Governor, May 20, 1852.] 

An Act relating to Returns by Justices of the Peace and other Officers. Chap. 289 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. All justices of the peace shall, on or before the Returns of jus- 
fifteenth day of January of each year, return to the secre- when and^how 
tary of the Commonwealth, under oath, a true statement of made. 
all criminal causes which shall have been commenced or 
examined before them during the year ending on the thirty- 
first day of the preceding month of December, setting forth 
therein the date of such examinations, the names of the 
parties prosecuted, the crimes, offences, or misdemeanors, 
for which such prosecutions were had, the results thereof, 
the judgment of the court thereon, the amount of the bill 
of costs in each case and how the same was paid, together 
with a specific account of the fines and forfeitures received 
to the use of the Commonwealth or other public authority. 
26 



202 1852. Chap. 289—290. 

Eeturn of all Sect. 2. It shall be the duty of all officers who are re- 
moneys, quired by the two hundred and sixteenth chapter of the 
statutes of the year one thousand eight hundred and fifty- 
one, to make returns of all moneys received by them by 
virtue of their office, also to state what disposition has been 
made of the same. 
Penalty for ne- Sect. 3. If any officer shall neglect or omit to make 
gleet. ^\^Q returns required by this act, he shall forfeit the sum of 
two hundred dollars, to be recovered by complaint in any 
court competent to try the same. 
Secretary to Sect. 4. The secretary of the Commonwealth shall an- 
^nish forms, nually, in the month of 'November, furnish to the public 
officers mentioned in the second section of this act, blank 
forms of returns, together with a copy of this act ; and he 
shall prepare suitable yearly abstracts of such returns, and 
lay the same before the General Court. [Approved by the 
Governor, May 20, 1852.] 

ChciV. 290 ^° ^^^ ^° ^^^ °^ ^ P^*- °^ *'^® Town of Florida and annex the same to the 
■^' Town of Clarksburg. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Lineof separa- Sect. 1. So much of the town of Florida, in the county 
tion. of Berkshh'e, as lies westerly of the following described line, 

is hereby set off from said town of Florida and annexed to 
said town of Clarksburg, to wit : — Beginning at the north- 
east corner of the town of Adams, thence running easterly 
on the south line of lot (No. 124) to the southeast corner of 
said lot, thence northerly on the east line of said lot to the 
north-east corner of the same, thence easterly to the south- 
east corner of lot No. 123, thence northerly on the east line 
of lots Nos. 123, 122, 121, 120, and in the same straight 
Land set off line to Vermont line. Provided, hoivever, that the land thus 
®^^^] P^^Jff^t^ set off shall be holden to pay all taxes which shall have 
ed. been assessed upon the same prior to the passage oi this 

act, in the same manner as if this act had not been passed: 
and provided, further, that all persons who have gained a 
legal settlement in Florida by residence on said territory, or 
by having been proprietors of any part thereof, or who may 
derive such settlement from any such resident or proprietor, 
and shall stand in need of relief or support as paupers, shall 
Paupers sup- be relieved and supported by said town of Clarksburg, in 
ported by the Same manner as if they had srained a le^al settlement 

Clarksburg. • ,i , ^ JO & 

m that town. 
Takes effect. Sect. 2. TMs act shall take effect from and after its 
passage. [Approt^ed by the Governor, May 20, 1852.] 



1852. Chap. 291—293. 203 

An Act in addition to the several Acts for the relief of Insolvent Debtors Chat) 291 
and the more Equal Distribution of their Effects. ■* * 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. So much of the fourth section of the three Commission- 
hundred and fourth chapter of the statutes of one thousand "^' courts not 
eight hundred and forty-eight as requires the commissioners shire town, 
of insolvency, appointed under said act, to hold a court in 
the shire town of their respective counties on the first 
Tuesday of every month, is hereby repealed. 

Sect. 2. No person shall act as counsel or attorney in Clerk must not 
any case pending before a commissioner of insolvency in bea"°"iey. 
which such person is clerk. 

Sect. 3. No commissioner of insolvency shall act as No commis- 
such for any person or persons, in any case or cases, if he be^en^emDio^ed 
has previously been employed as counsel or attorney for as attorney 
such person or persons, in regard to any matters which will ^*^ ^'^^^ 
be affected by proceedings in insolvency. 

Sect. 4. If any person shall be guilty of a violation of Penalty for 
the provisions of this act he shall forthwith be removed 'Violation, 
from his said office of clerk or commissioner as the case 
may be. [Approved hy the Governor, May 20, 1852.] 

An Act relating to Trust Estates. Chap. 292 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and hy the authority of 
the same, as follows : 

Sect. 1. "Whenever property shall be held in trust for When married 
the benefit of any married woman, her receipt for the in- ^g1™^^g* ^y^\A 
come of the same, or any part thereof, shall be a sufficient 
discharge to the trustee, although the husband of said mar- 
ried woman shall not join in said receipt. \Approved hy the 
Governor, May 20, 1852.] 

An Act in addition to the several Acts for the relief of Insolvent Debtors, Chat). 293 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, afid hy the authority of 
the same, as follows : 

Any creditor who has proved his claim before any com- creditor may 
missioner of insolvency, may signify his assent in writing ^f^ent to a dis- 
to the discharge of the insolvent debtor, notwithstanding ing an appeal, 
an appeal from the allowance of his claim may be pending ; 
and such assent, if made within the time prescribed by law, 



204 1852. Chap. 293—295. 

shall have the same effect as if no appeal had been taken : 
provided, such claim shall be finally allowed, and not other- 
wise. [Approved by the Governor, May 20, 1852.] 

Chap. 294 -^^ ^^^ *° facilitate the Settlement of the Estates of Deceased Persons. 
Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Right of action Sect. 1. Whenever, by the provisions of the sixty-sixth 
of creditor vs. chapter of the Revised Statutes, the right of action of any 
administrator Creditor of the estate of a deceased person, against the ex- 
limited to two ecutor or administrator of such person, is limited to the 
of four^except, space of four years from the date of the bond of such exec- 
&c. &c. utor or administrator, or from any other time therein men- 

tioned, such right of action shall be hereafter limited to 
the space of two years from such time. 

Sect. 2. When any executor or administrator shall die, 
resign, or be removed, without having fully administered 
the estate of the deceased, and a new administrator shall 
be appointed, such new administrator shall be liable to the 
actions of the creditors for the space of two years after he 
shall have given bond for the discharge of his trust. {Ap- 
proved by the Governor, May 20, 1852,] 

Chat)' 295 -^^ ^^^ ^° incorporate the Atmospheric 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 folloios : 

Corporators. Ithiel S. Richardson, Thomas J. Whittemore, Charles 
Stodder, their associates and successors, are hereby made a 
corporation by the name of the Atmospheric Telegraph 
Purpose of Company, in Boston, for the purpose of constructing and 
tek^ra'^h"^ ^ maintaining an atmospheric telegraph on the principle of 
the invention of Ithiel S. Richardson, in svich place within 
the State of Massachusetts as the company may elect : 
No land taken Provided, hoiuevcr, no land or other property, of any person, 
without con- shall be taken without his consent, and also for the purpose 
^^° ■ of obtaining letters-patent for the said discovery in the dif- 

Capitai stock, f^rent countries of Europe, with a capital stock of not less 
than twenty thousand nor more than fifty thousand dol- 
lars, subject to all the powers and privileges and to all 
Powers, liabili- the duties, restrictions, and liabilities, set forth in the thirty- 
ties, &c. eighth and forty-fourth chapters of the Revised Statutes : 
Capital stock provided, also, that the capital stock of said company shall 
nottobeissued ^ot be issucd for a less sum or amount per share, to be ac- 

lor less tn<iTi ^ ■» 

par value of tually paid in on each, than that first created. [Approved 
original shares, ly ^/^g Govemor, May 20, 1852.] 



1852. Chap. 296—297. 205 

An Act in addition to " An Act 'in relation to the carrying of Slung Shot," Cha}7. 296 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, a?id by the authority of 
the same, as folloivs : 

Sect. 1. The term "police officers," in the first section " Police offi- 
of an act entitled " An Act in relation to the carryina: of '^^''s' ^^^'^ ^^ 

construGfl to 

Slnng Shot," passed in the year one thousand eight han- embrace 
dred and fifty, shall be construed to embrace watchmen. watchmen. 

Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, May 20, 1852.] 

An Act concerning the Troy and Greenfield Railroad Company. Chap. 297 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The Troy and Greenfield Railroad Company Troy and 
and the Southern Vermont Railroad Company, a corpora- Greenfield 
tion established by the laws of Vermont, are hereby author- southern Ver- 
ized bv a vote of the stockholders now, or to be, passed, to mont Railroad 

, *^ , , • iiijiv by voxG 

unite themselves in one corporation ; and such vote having unite. 
been passed, they shall thereupon become one corporation, 
and all the franchises, property, powers, and privileges now 
enjoyed by, and all the restrictions, liabilities, and obliga- 
tions imposed upon, said two corporations, by virtue of 
their respective charters, shall appertain to said united cor- 
poration in the same manner as if the same had been con- 
tained in or acquired under an original charter. Such cor- 
poration, so formed by such union, shall be called by the 
name of the Troy and Greenfield Railroad Company. 

Sect. 2. If the Troy and Greenfield Railroad Company in case of un- 
shall unite with said Southern Vermont Railroad Company, ion at least one 

director to be 

then, and in that case, one or more of the directors of such of this Com- 
corporation, formed by such union, shall be an inhabitant of "^""^^^^^l^^- 
this Commonwealth, on whom processes against such cor- 
poration may be legally served, and said company shall be 
held answerable to answer in the jurisdiction where the ser- 
vice is made and the process returnable. 

Si:ct. 3. The said company and the stockholders therein. Company and 
so far as they are situate in ]\Iassachusetts, shall be subject ^^"this'com- 
to all the duties and liabilities of railroad corporations in monweaiih 
Massachusetts, and to the general laws of this Common- t^S.^" ^""^^ 
wealth in relation to railroad corporations. [Approved by 
the Governor, May 20, 1852.1 



206 1852. Chap. 298—300. 

Chap. 298 ^^ Act relating to the Police Court in Worcester. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The justice Sect. 1. The justice of the Police Court of the city of 

shall in Janu- "Worcester shall hereafter exhibit, in the month of January, 

ary, annually, . . r i • r -itt 

exhibit, on in cach year, to the city treasurer of the city ot Worcester, 
oath, a true ^ ^^^g ^y^^ particular account, under oath, of all sums of 

account of i i • .,.,.' . - . ' . 

moneys re- moucy by him received m his capacity of justice, other than 
ceived by him, ^j^ ^,jyj| suits and actious between private parties ; and shall 

and pay over . ti r ^ ■ • • i'-i 

balance, immediately after so exhibiting his said account, pay over to 

said treasurer the balance, if any, which may appear to be 
in the hands of said justice after deducting the sum which 
by law he is entitled to retain for his own use. 
Third section Sect. 2. The third section of the two hundred and tenth 
re eaV"" ^'^^ chapter of the acts passed in the year one thousand eight 
hundred and forty-nine, entitled " An Act in addition to an 
act to establish the city of Worcester," is hereby repealed. 
[Approved by the Governor, May 20, 1852.] 

Chap. 299 •A" ^^^ ^" relation to the jurisdiction of Justices of the Peace and Police 
Courts in regard to offences against Property in Cemeteries. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Fines not to Sect. 1. Justices of the pcacc and police courts shall 
^uT^e ^^^^^ have jurisdiction of all cases of offences against property in 
in other cases, cemeteries : provided, that the fines and other penalties 
imposed by said justices and police courts, shall not exceed 
in amount the fines and penalties which they have now 
power to inflict in other criminal cases. [Approved by the 
Governor, May 20, 1852.] 

Chan 300 ^^ ^^^ '" addition to an Act entitled An Act to incorporate the Chelsea 
^' 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 : 

May hold real Sect. 1. The Chclsea Gas-Light Company is hereby 
and personal authorized to hold real estate to tlie value of not exceeding 
CaVai stock ^wcnty thousand dollars; and the whole capital stock of 
said company shall not exceed one hundred thousand dol- 
lars, to be divided into shares of one hundred dollars each. 
Takes effect. Sect. 2. This act shall take effect from and after its 
passage. [Approved by the Governor, May 20, 1852.] 



1852. Chap. 301—302. 207 

An Act to change the Time of Assessing Taxes in the City of Boston. Chap. 301 

Be it enacted by the Senate and House of Representa- 
tives, in General Coui-t assembled, and by the authority of 
the same, as follows : 

Any person who shall have his residence in the city of 
Boston on the first day of January, shall, on the first day of 
May following, be taxed in that city, notwithstanding he 
may have removed therefrom before the first day of May, 
and no person so taxed shall be liable to assessment for his 
personal property in any other city or town on the first day 
of May in the same year. [Approved by the Governor^ 
May 20, 1852.] 

An Act to regulate the Measurement of Charcoal. Chaj). 302 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the saine, as follows : 

Sect. 1. From and after the first day of July next, in Must be meas- 
the sale of charcoal, it shall not be lawftil to measure the V-^^'l ^" ^**^' , 

d^sk6l or tub 

same except in cylindrical boxes, baskets, or tubs of the described, 
following dimensions, to wit : eighteen inches in diameter 
at the bottom, twenty inches in diameter at the top, and 
nineteen inches in perpendicular depth, measured on the 
inside of said box, basket, or tub ; which box, basket, or 
tub shall be deemed to be of the capacity of two bushels, To hold two 
and shall be filled level full, and said box, basket, or tub ^^^^^^s- 
shall be sealed by the sealer of the town where the person To be sealed, 
using the same shall usually reside, and every person who 
shall measure any charcoal offered for sale in any box, bas- 
ket, or tub, of less dimensions, or not sealed as aforesaid, 
or in any vessel or measure other than as above provided, 
unless by special agreement of the purchaser and seller, 
shall forfeit for each ofl'ence, one dollar ; one half to the Forfeit, $i 
use of the town where the offence shall be committed, and stioyed!^^^ *" 
one half to the complainant ; and such box, basket, or tub, 
vessel or measure, shall be destroyed. 

Sect. 2. The selectmen of any town shall appoint one or One or more 
more suitable persons, to seize and secure all boxes, baskets, appo^inted'by 
or tubs, used for measuring charcoal, that shall not be of selectmen, 
the dimensions prescribed in the preceding section, and 
sealed as therein required, and also to prosecute aU persons 
who shall offend against the said provisions. 

Sect. 3. All the forfeitures mentioned in the first sec- Forfeitures, 
tion, may be recovered by complaint before any justice of ^"* "^°*"®^- 
the peace or police court. 



208 1852. Chap. 302—304. 

Acts inconsist- Sect. 4. All acts and parts of acts inconsistent with 
eut repealed. ^j-,|g ^^^ ^^^ hereby repealed. [Approved by the Governor^ 
May 21, 1852.] 

Chan 303 An Act concerning Railroad Corporations. 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
tlie same, as follows : 

A certificate Sect. 1. No railroad company hereafter chartered in 
to be tiled. this Commonwealth, shall begin to build its road until a 
certificate shall have been filed in the office of the secretary 
of the Commonwealth, subscribed and sworn to by the 
president of said company, and a majority of the directors 
thereof, stating that all of the stock named in its charter 
has been subscribed for by responsible parties, and that 
twenty per cent, of the par value of each and every share 
of the stock thereof has been actually paid into the treasury 
of the company. , • .-*, 

Shaiinot issue Sect. 2. No such corporation, nor any railroad corpora- 
stock for less tion, obtaining an extension of time for the construction of 
named in char- its road, shall issue any stock for a less sum or amount, to 
ter- be actually paid in on each, than the par value named in 

its charter. 

Sect. 3. When any subscriber or shareholder shall have 
paid nothing upon his share or shares in any railroad cor- 
uiipaid assess- poratiou after thirty days from the time when any assess- 
ments forfeit- iTfient shall have become due, said share or shares may be 
declared forfeited by the directors, who may thereupon 
Share may be transfer such sharc or shares to any responsible person or 
transferred. persous who may Subscribe for the same. [Approved by 
the Governor, May 21, 1852.] 

Chan. 304 -^^ -^^t to establish a Police Court in the Town of Fall 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 : 

Court estab- Sect. 1. A Police Court is hereby established in the 

lished with town of Fall Rivcr, to consist of one learned, able, and dis- 

onejusice. q^qq^ pcrson, to be appointed and commissioned by the 

governor, pursuant to the constitution, to take cognizance 

of all crimes, offences, and misdemeanors committed within 

the town of Fall River, whereof justices of the peace now 

have or may hereafter have jurisdiction. And the court 

Power, duty, hereby established shall hear and determine all suits, com- 

&c. plaints, and prosecutions, in like manner as by law provided 



1852. Chap. 304. 209 

for ihe exercise of the power 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 and Of Police 
concuiTcnt jurisdiction in criminal cases, and cognizance of ^"'"*- 
all suits and actions which may now, or at anytime hereafter, 
be heard, tried, and determined before any justice of the peace 
in the county of Bristol, and exclusive jurisdiction whenever 
all the parties reside in Fall River, and the service of the 
writ is had on the defendant in said county ; and no writ in 
any such suit or action, shall be made returnable before any 
justice within said town, but to said Police Court only ; 
and an appeal sliall be allowed from all judgments of said Appeal allow- 
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 Police Court 
be of counsel or attorney to any party in any matter or atrdJ-ney* ^c 
thing whatsoever which may be pending in said court. 

Skct. 2. All warrants issued by said court, or by any Warrants, 
justice of the peace within said town, shall be made return- J^e°turned^and 
able and shall be returned before said court ; and if any disposed'of. 
warrant shall be issued by any justice of the peace, return- 
able before said court, the lawful fees payable therefor shall 
not be paid or allowed, unless, on examination in hearing 
before said court, it shall appear to said court that there 
was just and reasonable cause for issuing said warrant, in 
which case such fees, costs, and charges shall be allowed 
and taxed in like manner as though said warrant had been 
issued by a justice of the peace, according to the law now 
in force. 

SiiCT. 3. All fines and forfeitures, and all costs in crimi- Fines, costs, 
nal prosecutions, which shall be received by or paid into posed of. 
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 
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. 

SiiCT. 4. A court shall be held by said justice, at some Court held two 
suitable and convenient place, on two several days of each fyg^g^^^'^^ 
week, at nine of the clock in the forenoon, and as much 
oftener as may be necessary, to take cognizance of crimes, 
otiences, and misdemeanors, and on one day in each fort- 
night, at ten of the clock in the forenoon, and at such other 
times as may be necessary, for the trial of civil suits and 
actions ; and said coiirt may be adjourned from day to day 
27 



210 



1852.- 



-Chap. 304. 



Court to estab- 
lish rules, See. 



"What fees 
court may re- 
tain. 



Fees over 
paid to county. 



Court shall 
keep a fair re- 
cord and make 
return. 



May appoint 
clerk. 



Clerk sworn. 



Pending ac- 
tions tried as 
formerly. 



Two special 
justices ap- 
pointed by 
governor, 



Their power 
and duty. 



How paid. 



by the justice thereof; 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. 5. The justice of said court shall retain to his 
own use, all fees by him received, or which now accrue to 
justices of the peace in criminal prosecutions, in full com- 
pensation for all services assigned to him by the provisions 
of this act, in criminal matters, and all legal fees in civil 
miatters : provided, that whenever the fees in criminal pro- 
secutions amount to more than seven hundred dollars per 
annum, the excess shall be paid to the county of Bristol, in 
the month of January annually, in the same manner as jus- 
tices of the peace are now bound to pay money received 
for fines. 

Sect. 6. The justice of said court shall keep a fair 
record of aU 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 selectmen of said 
town of Fall River a true and faithful account of moneys 
by him received as fees. 

Sect. 7. Said justice is hereby authorized to appoint a 
clerk of said Police Court, to be paid by him, and to hold 
his otHce during the pleasure of said justice, whenever in 
his discretion the business of the com*t shall require such 
appointment; and the clerk so appointed shall be duly 
sworn to the faithful discharge of the duties of his office, 
and under the direction of the justice shall keep a fair 
record of all the proceedings of said court. 

Sect. 8. All suits, actions, and prosecutions which shall 
be instituted and pending before any justice of the peace 
within the town of Fall River when this act shall take 
effect, shall be heard and determined as though this act had 
not been passed. 

Sect. 9. There shall be appointed by the governor, by 
and with the advice and consent of the council, two special 
justices of said court; and whenever it shall happen that 
the standing justice of said court shall be interested in any 
smt or prosecution cognizable in said court, or shall from 
any cause be unable to hear and determine any matter or 
thing pending therein, the cause shall be assigned on the 
record by the standing or special justice, and the court shall 
be held, and its jurisdiction exercised, by one of said special 
justices. And the said special justice shall be paid for the 
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. 



1852. Chap. 304—305. 211 

Sect. 10. The governor shall have power, by and with 
the advice and consent of the council, to appoint said jus- 
tice and special justices at any time after the passing of 
this act. 

Sect. 11. This act shall take effect on and after the first Takes effect, 
day of July next. [Approved by the Governor^ May 21, 
1852.] 

An Act concerning the Eastern Railroad Company and the South Reading nhnrt 305 
Branch Railroad. ^' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The South Reading Branch Railroad is hereby South Reading 
authorized to lease their entire road, with all the rights. Branch may 
privileges, and franchises to them belonging, to the East- em Railroad in 
em Railroad Company, which is hereby authorized to hire ™^°ner speci- 
the same upon such terms and for such time as have been 
or may be agreed upon by the parties : provided, that said 
lessees shall be required to run passenger and freight trains 
over the line of said South Reading Branch Railroad, from 
and between Salem and Boston, using therefor the Essex 
Railroad between the Forrester street station in Salem and 
the Junction in Danvers, and the Boston and Maine Rail- 
road, to and from Boston, according to the provisions of 
law, so as to furnish all reasonable accommodation to the 
public generally and the business along the line of said 
road, furnishing at least one freight and four passenger 
trains daily, Sundays excepted, each way, to run with charges 
for freight and fares as low as shall be established between 
Salem and Boston and between Danvers and Boston by the 
Eastern Railroad Company, any difference in the length of 
said routes to the contrary notwithstanding: and provided, in case of dis- 
also, that if said lessees shall not agree with the Boston and pfeme"judiclai 
Maine Railroad upon the terms of their connection, either court may ap- 
party may petition the supreme judicial court to appoint sio'ners!°™"^'*" 
commissioners to arrange the terms of such connection, as 
provided by the laws of this Commonwealth. 

Sect. 2. Said Eastern Railroad Company is hereby Eastern Rail- 
authorized to hold stock, and to purchase and hold stock in '°^*^, ^%^'^}^ 

• 1 o 1 T-> 1 • T-. 1 T-» • 1 1 • 1 • stock m bouth 

said South Reading Branch Railroad in their own name or Reading 

in the name of trustees : provided, that if the Eastern Rail- ^'^')|*''^ ^^'^" 

road Company hold, purchase, or control the major part of 

the stock of said South Reading Branch Railroad, they 

shall run passenger and freight trains as provided in the 

first section. 



commission 
ers 



212 1852. Chap. 305—306. 

Disagreeing, Sect. 3. If any disagreement shall arise as to what may 
ciaVcourt'to^' ^^ considered reasonable accommodation to the public and 
appoint com- busincss along the line of said railroad, from and between 
missioners. galem and Boston, the supreme judicial court, upon ap- 
plication of any person interested in the transportation of 
freight or passengers, either in term time or vacation, shall 
be authorized to appoint three commissioners to settle such 
disagreement, and said court are hereby invested with full 
equity powers to enforce the provisions of this act. 
Eastern Rail- Sect. 4. And whereas, the Eastern Raihoad Company 
chase^the^""^' have heretofore purchased, and placed in the names of in- 
whole of the dividuals for them, a majority of the stock of the South 
Reading "'^^ Reading Branch Railroad : Now, therefore, it is hereby 
Branch Rail- expressly provided, that the Eastern Railroad Company 
case'o^°disa- shall purchase all the stock of said South Reading Branch 
greement su- Railroad at such prices as may be agreed upon with the 
court^ mayhap- Several owners thereof, or in case of disagreement, then by 
point three three Commissioners appointed by the supreme judicial 
court upon application of any stockholder. It is, however, 
expressly provided, that in case said Eastern Railroad Com- 
If Eastern pany shall not take and pay for all of such stock at the 
gleet for nine- prices prescribed by said commissioners, if offered within 
ty days to ac- ninety days from the final return of said commissioners, or 
commissTo*n° fh^ acceptance of their report by said court, then all the 
ers, these pro- powers and privileges hereby granted to them shall cease 
and become inoperative, and in such case nothing herein 
contained shall be construed to sanction the purchase of 
any part of the stock of said South Reading Branch Rail- 
road, heretofore bought by them, and placed in the names 
of individuals as aforesaid, and they shall have no right 
whatever, directly or indirectly, to hold or to control such 
stock thus purchased, and no votes shall be given thereon, 
nor shall the same be represented at any corporate meeting, 
and said Eastern Railroad Company shall neither directly 
or indirectly exert any control over the operation of said 
South Reading Branch Railroad, or take, or hold any lease 
of the same. 
Takes efiect. Sect. 5. This act shall take effect from and after its 
passage. [A2)proved by the Governor, Mcuj 21, 1852.] 

Chap. 306 An Act concerning the Grand Junction Railroad and Depot Company, and 

thie Eastern Railroad Company. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assefnbled, and by the authority of 
the same, as follows : 

panies^°or°e'N' Sect. 1. The Grand Junction Railroad and Depot Com- 
ther, may con- pany, and Eastern Railroad Company, or either of them, 



1852. Chap. 306. 213 

arc hereby empowered to locate, construct, and maintain a stmct a branch 
branch railroad with one or more tracks, commencinsr at '^^^'■"^'^ *" , „ 
some convenient pomt m bomerville, on the hne of the said condition here 
Grand Junction Railroad as heretofore authorized to be specified. 
built ; thence on the easterly side of the Boston and Maine 
Railroad to some convenient point south from Cambridge 
street in Charlestown, where it may cross to the westerly 
side of said Boston and Maine Railroad, and from thence 
to Causeway street in the city of Boston, and thence, pro- 
vided the said companies so elect, to the north-westerly side 
of Market street, with the privilege of connecting with the May connect 
Boston and Maine Railroad at some convenient point, with with Boston 
the consent of said Boston and Maine Railroad : provided, Railroad. 
also, that said companies, or either of them, shall not by 
virtue hereof take any land in Boston easterly of the middle 
of the dock between Tilden's wharf and the freight station 
of the Boston and Maine Raikoad, except by consent of 
said parties, nor erect any part of their bridge so as to pre- 
vent access to said dock and freight station : and provided, Bridge, where 
aho, that in the construction of the bridge from prison point *°^ how made. 
bridge to the Boston shore, a clear passage shall be left 
bet^veen the main structure of said bridge to be con- 
structed and the island of the Boston and Maine Railroad, 
of not less than fifty feet, and also that the direction of said 
line shall be such that no part of the location where it 
crosses the prison point bridge, shall be west of a point 
thirty-live feet easterly from the east side of the draw of 
said bridge. K, in building said bridge near the island of 
said company heretofore mentioned, it shall be necessary to 
put any part of said bridge in the channel heretofore ex- 
cavated by said Boston and Maine Railroad, the said East- 
ern Railroad Company, or Grand Junction Raikoad and 
Depot Company, shall and they are hereby authorized to 
excavate an equal width on the opposite side of said chan- 
nel, so that the same shall have the same width as at pre- 
sent on the westerly side of said bridge : provided, however, 
that nothing in this act shall relieve the Boston and Maine 
road from their legal obligations to maintain said channel 
in all parts not covered by said bridge as they are now in 
law bound to do. 

Sect. 2. Instead of the route above described, in case a different 
said companies or either of them deem it for the safety '■°"'^!.!"*Fj^t 

• r -i !• II • 1 /^-( J substituted, lo- 

and convenience of the public travel, they, the said Grand cated, and con- 
junction Railroad and Depot Company and the Eastern ^^^^[^If' °'^ ^^' 
Railroad Company, or either of them, are hereby empowered 
to locate, construct, and maintain a branch railroad with one 
or more tracks, from some convenient point in the Grand 
Junction Raikoad, as now authorized to be built in Somer- 



214 



1852. Chap. 306. 



No land of 
Filchburg 
Railroad to be 
taken without 
consent. 



One route to 
be located in . 
one year, and 
completed in 
two years, or 
act void. 



Signals, &c., 
to be kept. 



Grand Junc- 
tion Railroad 
may hire or 
purchase of 
Eastern Rail- 
road property 
in East Bos- 
ton, Chelsea, 
&c. 

Eastern Rail- 
road may cre- 
ate new stock. 



Part of act of 
May 2, 1849, 
repealed. 



ville, on the easterly side of said Boston and Maine Rail- 
road to the westerly end of the passenger depot and buildings 
of said last-mentioned road, and westerly from Haverhill 
street : provided, that no land shall be taken now belonging 
to or within the location of said Boston and Maine Raihoad 
on the easterly side thereof and south from prison point 
bridge, without the consent of said company : and provided, 
also, that no land belonging to the Fitchburg Railroad 
Company shall be taken for the said branch, on the easterly 
side of the Boston and Maine Railroad, for depots or engine 
houses without the consent of said Fitchburg Railroad 
Company. 

Sect. 3. The said Grand Junction and Eastern Rail- 
road Companies, or either of them, in case of their election 
to build the last-mentioned branch, instead of that described 
in the first section of this act, shall have the right to take 
for the use of said last-mentioned branch the land lying in 
said Boston westerly of the centre of the dock aforesaid, 
and easterly of Andover street, subject to the provisions of 
the thirty-ninth chapter of the Revised Statutes, and any of 
the said railroad companies may exchange their lands and 
arrange their respective tracks so as best to avoid risk and 
danger to the public travel. 

Sect. 4. Unless said Grand Junction and Eastern Rail- 
road Companies, or one of them, shall locate one of the 
said routes within one year, and shall build and complete 
the said road within two years from the passage hereof, this 
act shall be void. 

Sect. 5. At the crossings of the Fitchburg Railroad, and 
Boston and Maine Railroad, the Grand Junction and Depot 
Company or Eastern Raihoad Company, shall keep and 
maintain such guards, signals, or other safeguards against 
accidents, as shall from time to time be prescribed by the 
county commissioners of the county of Middlesex. 

Sect. 6. The Grand Junction Railroad and Depot Com- 
pany are hereby empowered to hire or purchase that part of 
the track, buildings, franchise, and other property of the 
Eastern Railroad Company lying in East Boston and Chel- 
sea, and North Chelsea. 

Sect. 7. For the pin-poses of this act the Eastern Rail- 
road Company may create new stock to an amount not 
exceeding one million dollars, to be divided into shares of 
one hundred dollars each, and the said shares may be paid 
for in cash or in exchange for bonds of said corporation at 
not less than the par value of said stock. 

Sect. 8. So much of section first of the act entitled 
" An Act authorizing the Eastern Railroad Company to 
extend their road," approved the second day of May, in 



1852. Chap. 306—307. 215 

the year one thousand eight hundred and forty-nine, as 
authorized the extension of said Eastern Railroad westerly 
beyond the Salem turnpike, is hereby repealed. 

Sect. 9. In case any part of the property belonging to if certain land 
the Commonwealth, at or near the State prison, shall be ^^ fi^h"!^""" 
required for the purpose of this act, a commissioner on the quired, com- 
part of the Commonwealth shall be appointed by the gov- niissioner to 
ernor and council to settle the damage with said company p '^^ ^ • 
in such manner and upon such terms as he may deem best, 
or by a jury or a reference to arbitration to be mutually 
agreed upon by the parties. 

Sect. 10. The bridges shall be provided with suitable Bridges and 
draws, which, together with the bridsjes, shall be constructed '^^'^'^^ ^'^y% 
under the direction of a commissioner to be appointed by under commis- 
the governor and council, whose services shall be paid ^^°'^^^- 
for by said corporations or either of them, and the said 
companies shall at all times keep said draws in good repair 
and furnish men to open them for the passage of vessels 
either by day or by night: provided, hoivever, that said bridge 
shall not be constructed over twenty-sLx feet in width. 

Sect. 11. The motive power and the rate of speed for Crossing 
crossins; any of the streets in the city of Boston, as well as streets reguiat- 

, , . •^ GO. by rn3.vor 

the securities at the crossings, shall be regulated in such and aldermen, 
manner as shall be required by the mayor and aldermen of 
said city. [Approved by the Governor, May 21, 1852.] 

An Act in addition to an Act to secure to Mechanics and Laborers their (Jhnri 307 
payment for Labor by a Lien on Real Estate. ^ ' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Any person to whom any money shall be due Any person 
for labor, or for labor and materials expended in the erection (jue^on con*-°^'^ 
or repair of any building, by virtue of any contract with the tract tor erect- 
owner thereof, or other person having authority to contract jjjf buiidmg" 
for such labor, shall have a lien to secure the payment of such shall have lien 
money not exceeding the amount of said contract upon buiidL^!^ '^^ 
such building and the lot of land on which the same stands, 
to the same extent, and to be enforced in the same manner, 
as is provided for labor in the act entitled " An Act to se- 
cure to Mechanics and Laborers their payment for Labor 
by a Lien on Real Estate," passed in the year one thousand 
eight hundred and lifty-one : provided, hoivcver, that no lien No lien for ma- 
for materials shall attach to any building or land, unless the yi"ifi|an"'shaii 
person or persons claiming such lien shall, before furnishing hue first given 
such materials, have given notice in writing to the owner "^°'' ^^^f 'his""n- 
of the land, and to the person who has contracted with the tention, &c. 



216 1852. Chap. 307—308. 

owner of the land, that he or they intend to claim such lien 
No mortgage for materials furnished as aforesaid : and provided, further,, 
contract to 'be ^'^^* nothing Contained in this act, or in the act to which 
atfected. this is an addition, shall be so construed as to affect any 

mortgage actually existing and duly recorded prior to the 
date of the contract under which the lien is claimed. 
Any number Sect. 2. Any number of persons who have actually 
who have la- performed labor on one or more buildings, upon different 

bored on same \ r-ii c \ 

building may lots of lands whcrc the labor was performed for the same 
forii'e'n^^'^''^'"'^ owner, contractors, or other person, may all join in the same 
petition for their respective liens, and the same proceedings 
Proceedings in shall be had ill regard to the respective rights of each peti- 
suci cabe. tioucr, and the respondent may defend as to each petitioner, 
in the same manner as if he had severally petitioned for his 
Each petition- individual lien : provided, that each petitioner so joined may 
nesTfOTothers^^ ^ witness for his joint petitioners, but not in his own 
case, subject only to the same exceptions as would invali- 
date his testimony if he were not joined in said petition. 
[Approved by the Governor, May 21, 1852.] 

Ckcin. 308 ^^ ^^^ '" addition to an Act for establishing an Academy in the South 
■^ Precinct of Bridgewater, by the name of Bridgewater Academy. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, a?id by the authority of 
the same, as follows : 

Inhabitants of Sect. 1. The inhabitants of Bridgewater are hereby 
Bridgewater authorized to sciid annually from their public schools to 

may annually i t-» • i at i /• 

send rot ex- the Uridgcwater Academy such a number of pupils, not 
pupils^ ^°^^^ exceeding forty, as the trustees of said academy may think 
proper to admit without detriment to the interests of the 
county, on such terms as may be agreed on by the school 
committee and the trustees of said academy ; said pupils 
being entitled to remain two years in said academy, subject 
to such rules as apply to other pupils. 
School com- Sect. 2. The school committee for the time being shall 
mittee shall be jjg trustees of Said academy, entitled to the same privileges, 
and subject to the same liabilities as other members of the 
One member to board : j)>'ovided, however, that at least one member of said 
terT'""'' ^^^^' school committee shall be on the committee for the quar- 
terly examinations of said academy. 
Town pupils to Sect. 3. The pupils sent from the public schools of the 
schoo\'commit- fowu shall be selected by the town school committee, 
tee. Sect. 4. So long as the said inhabitants shall substan- 

Said inhabit- tially Comply with the requisitions of this act, the said town 
theycomp"?,'^^ of Bridgewater shall be exempted from all liabilities under 
&c., shall be the fifth scctioii of the twenty-thud chapter of the Revised 
sect'"!* di.' 23 Statutes of this Commonwealth. 
li. s. ' " ' 



1852. Chap. 308—309. 217 

Sect. 5. This act shall take effect as soon as the same Take effect 
shall have been accepted by the trustees of Bridgewater ^^ ^&c?&c^*" 
Academy and the inhabitants of the town of Bridgewater, 
and shall continue in operation two years from the time Continue two 
the same shall take effect. [Approved by the Governor^ yeaxs. 
May 21, 1852.] 

An Act to incorporate the Proprietors of the Winchester House, in Chap. 309 

Winchester. -^ 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. F. O. Prince, O. R. Clark, and S. S. Richard- 
son, their associates and successors, are hereby made a 
corporation by the name of " The Proprietors of the Win- 
chester House," for the purpose of erecting a hotel or 
boarding-house, in the town of Winchester, and maintain- 
ing the same and the buildings and appurtenances con- 
nected therewith, and for those purposes, shall have all the 
powers and privileges, and be subject to all the duties, re- Powers, Habili- 
strictions, and limitations, set forth in the thirty-eighth and ss^^nd sir s 
forty-fourth chapters of the Revised Statutes : provided, ^^^^ corpora- * 
that said corporation shall not carry on the business of ho- tion not to car- 
tel or boarding-house keeping, or be in any way interested n-'^s°s^o'r^ beTn- 
in said business, and that no intoxicating liquors shall be terested. 
sold upon the preixdses by said corporation, its agents, or No mtoxicat- 
lessees. ^^^ ^'^ 

Sect. 2. The whole amount of real and personal estate, Capital stock. 
or capital stock, which said corporation may hold, shall not 
exceed thirty thousand dollars. 

Sect. 3. When any stockholder in this corporation shall Transfer of 
transfer his stock in this corporation, a certificate of such po°s'i^ed°'^m^* 
transfer shall forthwith be deposited with the town clerk of town clerk, 
the town of Winchester, who shall note the time when the 
same was deposited, and record the certificate at full length 
on the record book of the said town ; and no transfer of No transfer 
such stock shall be valid, as against the creditors of said creliitofs'tiii 
stockholders, until such certificate shall have been deposited certificate is 

111/..! recorded. 

and recorded as aforesaid. 

Sect. 4. This act shall take effect from and after its Takes effect. 
passage. [Approved by the Governor, May 21, 1852.] 
28 



218 



1852. 



-Chap. 310. 



Chap. 310 



Line of separa 
tion from 
Lynn. 



To pay taxes 
specified. 



An Act to incorporate the Town of Swampscott. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. That portion of the city of Lynn lying easterly 
of a line commencing at a point upon the centre of the 
bridge which crosses Stacy's brook, so called, at King's 
beach, thence running from said point south twelve degrees 
east by compass to the ocean, and running north from said 
point twelve degrees west by compass to the line which 
separates the city of Lynn from the city of Salem, is hereby 
incorporated into a town by the name of Swampscott ; and 
the inhabitants of said town of Swampscott are hereby 
invested with all the powers and privileges, and shall be 
subjected to the duties and requisitions of other incorpo- 
rated towns, according to the constitution and laws of the 
Commonwealth. 

Sect. 2. The inhabitants of said town of Swampscott 
shall be holden to pay all arrears of taxes which have been 
assessed upon them by the city of Lynn, before the passing 
of this act, and also their proportion of all county and State 
taxes that may be assessed upon said city previously to the 
taking of the next State valuation, said proportion to be 
ascertained and determined by the last city valuation ; and 
Pay their pro- said town of Swampscott shall be holden to pay their pro- 
d°r*°'^ *d portion of the debts due and owing at the time of the pas- 
ceive^ proper- sage of this act, from the city of Lynn, and be entitled to 
tion of proper- receive of the city of Lynn their proportion of all the cor- 
porate property now owned by said city of Lynn, such 
proportion to be ascertained and determined by the last 
Lynn may col- Valuation of said city of Lynn : provided, however, that the 
lect taxes as- ^^^^ ^jp Lvnu shall be authorized to collect the tax which 

S6SS6CI tills J J _, 

year. may have been assessed by virtue of law on the first of May 

this current year, upon the inhabitants and owners of proper- 
ty in said Swampscott ; and the said city of Lynn, after de- 
ducting the reasonable expenses of assessing and collecting 
the same, shall account with and pay over the same to the 
town treasurer of said Swampscott; and said city of Lynn 
shall incur no hability for said town of Swampscott after 
the passage of this act. 

Sect. 3. Said city of Lynn and town of Swampscott 
shall be respectively liable for the support of all persons 
who now do, or hereafter shall, stand in need of relief as 
paupers, whose settlement was gained or derived from a 
settlement gained or derived within their respective limits. 
Sw^mpscott^ Sect. 4. In case said city of Lynn and town of Swamp- 
disagree the c. scott shall disagree in respect to a division of paupers, city 



Paupers, how 
supported. 



1852. Chap. 310—311. 219 

property, city del)ts, or State and county taxes, the court of c. P. may 
of common pleas for the county of Essex are hereby au- ^pp'^"!^ three 

,.1 1111 T- r •!• CT persons. 

thorized to, and shall, on application oi said city oi Lynn, 
or of said town of Swampscott, appoint three disinterested 
persons to hear the parties and award thereon ; which 
award, when accepted by said court, shall be final. 

Sect. 5. The town of Swampscott shall, for the purpose Swampscott to 
of electing the representatives to the General Court, to Y^t^^i^^'^yi^'^ 
which the territory comprised in the city of Lynn is now tlves, 
entitled until the next decennial census, or until another 
apportionment of representatives be made, remain a part of 
the said city of Lynn. And the inhabitants of said Swamp- 
scott shall vote for the number of representatives which the 
city authorities of Lynn may decide shall be elected annu- 
ally in town meeting. And it shall be the duty of the 
selectmen of said Swampscott to preside at said town meet- 
ing, and receive the votes ; and the certificate thereof shall 
be made by the selectmen and certified by the town clerk 
of said Swampscott, whose duty it shall be to make return 
thereof to the mayor and aldermen of the said city of Lynn 
within forty-eight hours of the day of voting ; and the votes 
so returned shall be counted by the said mayor and alder- 
men as a part of the vote of the said city of Lynn. 

Sect. 6. Any justice of the peace in the county of Es- First meeting, 
sex is hereby authorized to issue his warrant to any princi- ^o^ called, 
pal inhabitant of the town of Swampscott, requiring him to 
warn the inhabitants of said town to meet at the time and 
place therein appointed, for the purpose of choosing all such 
town officers as towns are by law authorized and required 
to choose at their annual meetings. 

Sect. 7. This act shall take effect from and after its Takes effect. 
passage. [Approved hij the Governor^ May 21, 1852.] 

An Act relating to Insurance on Lives by Foreign Corporations. ChciD 311 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. No life insurance company, unless incorporated Company out 
by the legislature of this Commonwealth, shall make any °^ ^*?*^ "?"if* 

'^ ~ ,. ^ . .,, . 1 • r, ., t ■ comply with 

contracts ot liie insurance within this State, until such in- this act. 
surance company shall have complied with the provisions 
of this act. 

Sect. 2. Every such insurance company shall, by a Some person in 
WTittcn power of attorney, appoint some citizen of this Jv^Jaith^TtTe 
Commonwealth, resident therein, its attorney, with power empowered, 
and authority to accept service of all lawful processes ^^' 
against such company in this Commonwealth, and to 



220 



1852.- 



-Chap. 311. 



Copy of power 
to be filed with 
secretary of 
Common- 
wealth. 



"VThen attorney 
dies or resigns 
a new one to 
be appointed. 



Service on at- 
torney same as 
on principals. 

Duties of at- 
torney pre- 
vious to pro- 
ceeding. 



cause an appearance to be entered in any action, in like 
manner as if such corporation had existed and been duly 
served with process within this State. 

Sect. 3. A copy of such power of attorney, duly certi- 
fied and authenticated, shall be filed with the secretary of 
State of this Commonwealth, and copies thereof duly cer- 
tified by said secretary shall be received in evidence in all 
courts of this Commonwealth. 

Sect. 4. K any such attorney shall die, or resign, or be 
removed, it shall be the duty of such corporation to make 
a new appointment, as aforesaid, and file a copy with the 
said secretary as above prescribed, so that at all times, and 
while any liability remains outstanding on such insurance, 
there shall be within this State an attorney authorized as 
aforesaid. And no such power of attorney shall be revoked 
until after a like power shall have been given to some com- 
petent person, and a copy thereof filed as aforesaid. 

Sect. 5. Service of process upon such attorney shall be 
deemed to be sufficient service upon his principals. 

Sect. 6. Every such attorney, before any insurance shall 
be made on the life of any person in this State, or any con- 
tract for insurance shall be entered into with any party 
resident in this State, shall deposit with the secretary 
of this State a copy of the charter of the company whose 
attorney he is, and a statement, signed and sworn to by 
a majority of the directors of said company, specifying 
the amount of its capital and all its assets, stating the 
manner of its investment, designating the amount invested 
in mortgages, and in public or other securities, particu- 
larizing each item of investment. And said attorney 
shall also annually, in the month of October, make a 
return to the said secretary, of the state and condition of 
the affairs of the company he represents, made up to some 
time betv\'"een the first of January and the first of July in 
each year, in the form following namely : 



Form of re- 
turn. 



Form of Return for Foreign Life Insurance Companies. 

Name of the company. 

Where located. 

Amount insured by existing policies. 

Present value of existing policies. 

Present value to the company of future premiums on 
these policies. 

State the name of the person or persons who made the 
calculations on which the answers to the two preceding 
statements were made. 

Amount of assets of the company. 



1852. Chap. 311. 221 

How invested. 

Amount due from the company for losses. 

Amount of other claims against the company, including 
dividends unpaid. 

Amount of all expenses the past year, including commis- 
sions paid to agents. 

Whicii return shall be signed and sworn to by a majority Return to be 
of the directors of said company : provided, that the deposit ^^^^'^to" & 
in the office of the treasm*er of the Commonwealth, in the kc. 
month of October in each year, of a copy of the last an- 
nual return and exhibit made to its members, verified by 
the oaths of a majority of its directors, by the attorney of 
any such company established without the limits of the 
United States, shall be a sufficient substitute for the return 
herein required. 

Sect. 7. No person shall be allowed to act as agent No agent au- 
for any life insurance company not incorporated in this u^'Jeg^/^^*' ^^^ 
Commonwealth, unless the capital stock and accumulated 
premiums of said company shall amount to one hundred 
thousand dollars actually paid in and invested otherwise 
than in notes of stockholders or those of holders of policies 
issued by the company. 

Sect. 8. K any such insurance company shall make Penalty for 
insurance as aforesaid without complying with the requisi- ™aking insnr- 

3,nc6 contrBrv 

tions of this act, the contract shall be valid ; but the agent to this act. 
of such company acting within this State, respecting the 
eflecting of any policy of insurance, shall forfeit a sum not 
exceeding one thousand dollars, nor less than three hun- 
dred dollars, for each offence. And every person shall be 
deemed an agent of such company who shall receive or 
transmit proposals for insurance, or receive for delivery, 
policies founded on proposals forwarded from this State or 
otherAvise to procure insurance to be effected by such insur- 
ance company for persons residing in this State ; or who 
shall receive payment for such policies ; and shall be sub- 
ject to the restrictions and liable to the penalties specified 
in this act ; but the provisions of this section shall not apply 
to any clerk or messenger acting for such agent in the town 
or city where such agent may reside or have his place of 
business. 

Sect. 9. Every person acting as agent in this State for Acting agents 
any fife insurance company not incorporated by the Lesris- to mnke return 

- 1 •/ -i •/ o Q« oatH to 

lature of this Commonwealth, shall, on the first Monday of treasurer, &c. 
October in every year during the continuance of his agency, 
make a return on oath to the treasurer of the State of the 
amount insured or procured to be insured by him in this 
State as such agent, during the year preceding, and of the 



222 



1852.- 



-Chap. 311. 



Penalty if 
agent neglects 
to make re- 
turns and pay- 
ments. 



Shall give 
bonds. 



Agents' place 
of business 
designated by 
sign. 



Penalty for 
making insur- 
ance contrary 
to this act. 



Secretary, 
treasurer, and 
auditor a board 
of commission- 
ers. 



May query un- 
satisfactory 
statements. 



amount of premiums received and assessments collected 
during the said period, and shall at the same time pay to 
said treasurer a tax of one half of one per cent, on the 
amount of such premiums and assessments ; and the whole 
sum received for policies, whether paid in money or in 
notes, or both, shall be deemed to be premiums for the pur- 
poses of this section. 

Sect. 10. If any such agent shall neglect to make such 
returns and payments as are required in the preceding sec- 
tion, or if he shall make the same fraudulently or falsely, he 
shall for every such offence forfeit a sum not exceeding one 
thousand dollars. 

Sect. 11. Every such agent shall, before making or pro- 
curing to be made, any contract of insurance as aforesaid, 
give bond to the treasurer of the State, with two or more 
sureties to be approved by him, in the sum of not less than 
five hundred, nor more than three thousand, dollars, at the 
discretion of the treasurer, with conditions to make the an- 
nual return before required and to pay the tax. 

Sect. 12. Every such agent shall exhibit in conspicuous 
letters, on the sign designating his place of business, the 
name of the State under whose authority the company he 
represents has been incorporated. And said company and 
agent shall also have printed in large type the name of such 
State upon all policies issued to citizens of this Common- 
wealth, on all cards, placards, and pamphlets, and in all 
advertisements published, issued, or circulated in this State, 
by them or him, relating to the business of such company. 

Sect. 13. If any person shall undertake, as agent for 
any such company, to make or renew, directly or indirectly, 
any contract of insurance within this State, and with any 
person resident therein, without having complied with the 
requisitions of this act, or in any way contrary to the true 
intent and meaning thereof, he shall forfeit and pay for 
every such offence the sum of five hundred dollars. 

Sect. 14. The secretary, treasurer, and auditor of this 
Commonwealth are hereby constituted a board of insurance 
commissioners ; and it shall be their duty annually, in the 
month of November, to examine the statements and returns 
required to be made by the attorneys and agents aforesaid ; 
and if, in their opinion, any statement or return shall be 
obscure, defective, or in any respect unsatisfactory, it shall 
be -their duty immediately to require answers, under oath, 
from the attorney or agent by whom such obscure, defect- 
ive, or unsatisfactory statement or return shall have been 
deposited or made, to such interrogatories as they may 
deem necessary and proper to be answered, in order to ex- 
plain such statement or return, and exhibit a full and accu- 



1852. Chap. 311—312. 223 

rate view of the business and resources of the company 
represented by such attorney or agent. And if any attorney Penalty for re- 
or agent shall refuse or neglect to answer such inteiTogato- ^'4**"'^ *° t" 
ries for the space of sixty days, the company represented from Commis- 
by such attorney, and such agent, shall be deemed not to ^^^^^^^s- 
have complied with the provisions of the laws of this Com- 
monwealth, and such agent, if he continue to act as agent 
as aforesaid, shall be liable to the penalty' prescribed in the 
preceding section. And said commissioners shall prepare 
an abstract of the statements and returns made by such at- 
torneys and agents, which abstract shall be printed and laid 
before the Legislature in the month of January in each 
year ; the said commissioners may appoint any suitable 
person as actuary for the State to assist them in examining 
the statements and returns required by this section, and any 
other services convenient for carrvinof the provisions of this „ 
act into full effect. And for any services rendered and ex- compensation 
pense incurred in enforcing the provisions of this act, the f°' services ai- 

1 ^ o ^ 1 7 lowed, by ffov- 

governor and council may audit and allow a reasonable emor and 
compensation. council. 

Sect. 15. The secretary of the Commonwealth shall Secretary to 
annually, in the month of June, furnish to each person ap- ^"™i*^ bi'^"^ 
pointed and authorized to act as attorney for any foreign 
life insm*ance company, four printed copies of the form of 
return required to be made by such attorneys by the sixth 
section of this act. 

Sect. 16. It shall be the duty of the aforesaid commis- 
sioners, and of the attorney-general and the district attor- 
neys of this Commonwealth, to cause the provisions of this 
act to be enforced. 

Sect. 17. All penalties recovered for violations of the 
provisions of this act shall go, one half to the person giving 
the information of such violations, and one half to the 
treasury of the Commonwealth. [Approved by the Gover- 
nor, Mcuj 22, 1852.] 

An Act relating to the Proceedings, Practice, and Rules of Evidence in QJidn, 312 
Actions at Law. "' 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the aiithority of 
the same, as follows : 

Sect. 1. There shall be only three divisions of personal 
actions: 

First. — Actions of Contract, which shall include those Actions of 
now known as actions of assumpsit, covenant, and debt, '^°*^''*'^^- 
except for penalties. 

Second. — Actions of Tort, which shall include those Actions of 
now known as actions of trespass, trespass on the case, *°^*- 
trover, and all actions for penalties. 



224 1852. Chap. 312. 

Actions of re- TJlh'd. AcTIONS OF E-EPLEVIN. 

P'®^^"' Sect. 2. The forms of declaring, in personal actions, 

Forms chang- ^vi^i^h have heretofore been used in this Commonwealth, 
shall be changed in the following particulars : 

First. — The action shall be named in conformity with 
the above-described division. 

Second. — No averment need be made which the law does 
not require to be proved. 
Substantial Third. — Only the substantive facts necessary to consti- 

f.icts only. -tute the cause of action need be stated, without unnecessary 

verbiage, and with substantial certainty. 
One count for Fourtli. — One couiit only need be inserted for each 
each cause, cause of actiou, but any number of breaches may be 
breaches. ^ assigned in each count, and when the nature of the case 
shall require it, breaches may be assigned in the alterna- 
tive ; but no two causes of action, not arising on the same 
contract, shall be embraced in any one count, except in the 
count on an account annexed as hereinafter provided. 
What counts Fifth. — Any number of counts for different causes of 
^'\*^o''^"^^^ h ^^^i^^^i belonging to the same division of actions, may be 
joined. inserted in the same declaration. Actions of contract and 

actions of tort shall not be joined; but when it is deemed 
doubtful to which of those classes of actions a particular 
cause of action belongs, a count in contract may be joined 
with a count in tort, averring that both are for one and the 
same cause of action. 

Sixth. — The common counts shall not be used unitedly, 

as heretofore, but each one of those counts, in the form 

hereafter prescribed, may be used when the natural import 

of its terms correctly describes the cause of action. 

When account Seventh. — A count on an account annexed in the form 

annexed may hereafter prescribed, may be used in an action of contract, 

when one or more items are claimed, either of which would 

be correctly described by any one of the common counts 

according to the natural import of its terms. 

Trover abolish- Ei^htli. — The fomi of declaration heretofore used in the 

^^- action of trover is abolished, and in place thereof shall be 

used the form hereafter prescribed. 

Written in- Ninth. — All written instruments except policies of insur- 

struments, ancc shall be declared on, or availed of, in the answer or 

on. subsequent allegation, by setting out a copy thereof, or of 

such part as is relied on, or the legal effect thereof, with proper 

averments to describe the cause of action or the defence. 

If the whole contract shall not be set out, a copy thereof, 

or the original, shall on motion of the adverse party be filed 

as the court shall direct ; and where it may be necessary, 

the copy so filed shall be part of the record, if the court 

shall so order, as if oyer had been granted of a deed de- 



1852. Chap. 312. 225 

clared on according to the common law ; but no profert or 
excuse therefor need be inserted in any declaration. If the 
instrument relied on be lost or destroyed, or not in the if lost, sub- 
power of the party who relies on it, he shall state the sub- stated. *°^^ 
stance of it as nearly as he can, and state the reason why a 
copy is not given. 

Tenth. — When a bond, or other conditional obligation. Bonds and 
contract, or grant shall be declared on, or when any condi- tionaiTon- " 
tional obligation, contract, or grant shall be availed of in tracts, how de- 
the answer or subsequent allegation, the condition shall be ''*^^^°'^' 
deemed part of the obligation, contract, or grant, and shall 
be set forth, and any breaches relied on shall be assigned ; 
and the conditions precedent, if any, to the right of the 
party relying thereon, shall be averred by him to have been 
performed, or his excuse, if any, for the non-performance 
thereof stated. And in real actions founded on mortgasre J." ^^^^ ^°" , 

11111 •• 1 .~~ tions on mort- 

titlcs, the declaration shall allege the seizin to be " in mort- gage, seizin to 

crno-e " be alleged. 

Sect. 3. Persons severally liable upon contracts in Where several 
writing, including all parties to bills of exchange and pro- on^ bilk ^of^x- 
missory notes, may all, or any of them, be joined in the change and 
same action. The declaration may include one count only, no'tesfdedara- 
describing the several contracts of the defendants when the tions in such 
same contract was made by each or different counts, de- '^^^^^^ 
scribing the different contracts of the defendants, when, as 
in the case of maker and indorser, the same contract was 
not made by all. The court shall take such order for the Separate 
separate trial of the issues, if any, as shall be found most fng^in^'^^^ ' 
convenient, and shall enter several judgments according to 
the several contracts of the defendants, and issue one or 
more executions thereon, as the case may require. 

Sect. 4. In actions of contract, when either of the com- Bill of particu- 
mon counts is used, the plaintiff shall file a bill of particulars wheii^r*equked. 
with his wnrit, when the action shall be entered, and in all 
cases the court may order either party to file a statement of 
such particulars as may be necessary to give the other party 
and the court reasonable knowledge of the nature and 
grounds of the action or defence. And whenever such bill 
of particulars shall be filed, the items therein shall be num- 
bered consecutively, and it shall be deemed to be part of 
the record, and shall be answered or replied to as such. 

Sect. 5. If the plaintiff shall fail to give evidence at Counts not 
the trial, in support of any count in the declaration not stHcken^ift 
wholly or partly confessed by the answer, it shall forthwith 
be stricken out. And the court may, either of its own mo- Unnecessary 
tion, or upon motion of a party, require unnecessary counts ^""^^^ ^'^®' 
and statements to be stricken out of a declajation or any 
29 



226 



1852.- 



-Chap. 312. 



No changes 
except herein 
expressed. 



No declaration 
in actions of 
contract or 
tort. 



Declaration to 
be filed first 
day of court. 



If no declara- 
tion in writ or 
filed, discon- 
tinued. 



Defendant to 
be defaulted 
last day, or in 
ten days, un- 
less affidavit 
filed of sub- 
stantial de- 
fence. 



Judgment four 
days from de- 
fault, or last 
day. 



General issue 
abolished ex- 
cept in real or 
mixed actions. 



subsequent proceeding, and it may impose such terms as 
may be deemed reasonable. 

Sect. 6. None of the provisions herein contained shall 
be deemed to change any of the rules of evidence, or the 
measure of damages, or the jurisdiction of any court, or the 
locality of any action, except so far as the same may be 
herein specially provided for. 

Sect. 7. In actions of contract and actions of tort, the 
writ need not contain any declaration, nor any description 
of the cause of action other than the name of the form of 
action in which it is intended to declare, unless an arrest of 
the person is made. 

Sect. 8. The declaration shall be filed in the clerk's 
office on or before the day to which the writ is returnable ; 
and if an attachment of property shall be made, the decla- 
ration and bill of particulars, when necessary, if not inserted 
in the writ, shall also be fm'nished to the defendant or his 
attorney within three days after he shall have demanded the 
same in writing of the plaintiff' or his attorney. 

Sect. 9. If no declaration shall have been inserted in 
the writ, or filed pursuant to the eighth section, it shall 
be a discontinuance of the action. And the defendant or 
trustee may have judgment for costs. 

Sect. 10. In all actions at law in the supreme judicial 
court or court of common pleas, the court shall, at any time 
after ten days from the return day of the writ, or as of course 
on the last day of the return term, enter a default as against 
any defendant on whom legal service has been made, unless 
the defendant, or some one in his behalf, shall have filed 
within said ten days, or on or before the last day of said 
term when the same may not exceed ten days, an affidavit 
that he verily believes that the defendant has a substantial 
defence to the action on its merits, and intends to bring 
the same to trial: provided, nevertheless, that in any case, 
upon good cause shown, the time for filing such affidavit 
may be extended for such reasonable time as the court may 
order. 

Sect. 11. It shall be competent for the court to enter up 
judgment, in all cases of default, at any time after four days 
from the day of such default, or judgment shall be entered, 
as of course on the last day of the term, unless otherwise 
ordered by the court. 

Sect. 12. The general issue as heretofore used, in all 
actions except real and mixed actions, is abolished, and in 
place thereof the defendants shall file an answer to the de- 
claration. 



When several SecT. 13. 



Two or more defendants making the same 



1852. Chap. 312. 227 

defence may answer jointly. Different consistent defences defendants 
may be separately stated in the same answer. may join. 

Sect. 14. The answer shall deny, in clear and precise substantive 
terms, every substantive fact intended to be denied in each facts denied or 
count of the declaration separately, or shall declare the p^ieaded!^* 
defendant's ignorance of the fact, so that he can neither 
admit nor deny, but leaves the plaintiff to prove the same. 

Sect. 15. In answering the common counts and the Answers and 
count on an account annexed, the defendant shall answer denials, when 
specifically every item contained in the bill of particulars, 
or account annexed, but he may make one and the same 
allegation or denial concerning any number of items to 
which such allegation or denial is applicable, specifying 
the number of the items thus answered together, when less 
than the whole. K the defendant shall deny that any item 
is due or payable, or that he owes the plaintiff as alleged, 
he shall state all the substantive grounds on which he in- 
tends to rest such denial, and shall specify whether some, 
and what part, or the whole of such item or demand, is 
denied. 

Sect. 16. In all cases in which a denial is made by an- Must declare 
swer, affidavit, or otherwise concerning a time, sum, quantity, ^^^^^^^"^3^^°^° 
or place alleged, the party denying shall declare whether such what part, is 
denial is applicable to every time, sum, quantity, or place, <ie°ied. 
or not, and if not, what time, sum, quantity, or place he 
admits. 

Sect. 17. To raise an issue in law, the answer shall con- Demurrer, 
tain the statement that the defendant demurs to the declara- 
tion, or to some one or more counts therein, as the case may 
be, and shall assign specially the causes of demurrer. 

Sect. 18. The answer shall set forth in clear and precise Each substan- 
terms each substantive fact intended to be relied upon in tive fact relied 
avoidance of the action ; and when the answer shall set up °;^state^d! ^ 
the statute of limitations, or the statute of frauds, or any 
other legal bar, the defendant shall not be deprived of the 
benefit of such defence by reason of his not denying the 
facts set forth in the declaration. 

Sect. 19. No further pleading shall be required after the no pleading 
answer, except by order of the court as hereinafter men- after answer, 

■*■ but bv oruGr 01 

tioned. But the plaintiff may demur to the answer ; and court". 

if the answer contains any new matter in avoidance of the piaintiff may 

action, such new matter shall be deemed to be denied by demur, and m 

the plaintiff, or the court may, on motion of defendant, re- reply. 

quire the plaintiff to reply thereto, and state whether he 

admits or denies any, and if any, what part thereof. And 

the plaintiff may, if he pleases, without such order, at any 

time before trial, file a replication to said answer, clearly 

and specifically stating any facts in reply to the new matter 



228 



1852.- 



-Chap. 312. 



Further plead- 
ing, demurrer, 
&c. 



Causes of de- 
murrer speci- 
fied. 



No motion in 
arrest of judg- 
ment for cause 
before verdict, 
except, &c. 



When and 
how demurrers 
shall be heard 
and disposed 
of. 



therein ; but the trial shall not be delayed for want of any 
reply to defendant's answer, unless by special order of the 
court. 

Sect. 20. The replication may raise an issue in law, by 
the statement that the plaintiff' demurs to the answer, or to 
so much thereof as applies to one or more counts in the 
declaration, as the case may be, assigning specially the 
causes of such demurrer ; and in like manner, either party 
may demur to the allegation of the other party. But no 
defect of form merely, either in the declaration or subse- 
quent allegation, shall ever be assigned as a cause of de- 
murrer. The opposite party shall be deemed to join in 
demurrer if he shall not amend, which he may do within 
such time and upon such terms as the court may allow. 

Sect. 21. Demurrers may be for the following, among 
other causes : 

First. — That counts in contract, and counts in tort, or 
either with replevin, or a count in the plaintiff's own right, 
and a count in some representative capacity, are improperly 
joined in the declaration. 

Second. — That the declaration, or some count thereof, as 
the case may be, does not state a legal cause of action sub- 
stantially in accordance with the rules in this act contained. 

Third. — That the answer does not state a legal defence 
to the declaration, or some count thereof, as the case may 
be, substantially in accordance with the rules in this act 
contained. 

And the particulars in which the alleged defect consists 
shall be specially pointed out. 

Sect. 22. No motion in arrest of judgment for any cause 
existing before verdict, shall be allowed in any case where a 
verdict has been rendered, unless the same affects the juris- 
diction of the court. And when the defendant has appeared 
and answered to the merits of the action, no defect in the 
writ or other process, by which he has been brought before 
the court, or in the service thereof, shall be deemed to affect 
the jurisdiction of the court. 

Sect. 23. Every dcmm-rer may, in the first instance, be 
heard by a single justice, and, if taken in term time, during 
the same term, if practicable ; and his decision as to the 
verification of an aUegation or the misjoinder of counts, 
shall be final, an amendment being allowed as hereinafter 
provided. But if the cause of demurrer shall be, that the 
facts do not in point of law support or answer the action, 
and the party against whom the decision shall be made 
shall not pray for leave to amend, the decision of such sin- 
gle justice shall not be final, but such demurrer may be 
further heard, upon appeal or otherwise, as is now provided 



1852. Chap. 312. 229 

in respect to such questions of law. And when a demurrer 
shall be sustained, overruled, or withdrawn, the court shall 
make such order as may be tit, respecting the filing of an 
answer or replication, or a trial of the facts. If a demur- 
rer shall appear to the judge who first hears the same, Frivolous or 
to be frivolous, immaterial, or intended for delay, he may, immaterial de- 
besides overruling the same, order the party to plead, or overruled, &c., 
answer, or reply, notwithstanding such party shall claim ?'^^'^"^*^^°'^ *^f 
the right to be further heard, by appeal or otherwise, on 
his demurrer, and thereupon the case shall proceed to a 
final judgment, as if no demurrer had been filed, and ex- 
ecution may be awarded or stayed on such terms as the 
court may deem reasonable, as in cases of exceptions ad- 
judged frivolous. 

Sect. 24. An answer or replication may allege facts Answer or re- 
which have occurred since the institution of the suit, and aije^e f^cts oc- 
the plaintitf and defendant may be allowed by the court to cumn^ since 
make a supplemental declaration, answer, or replication, ^eQc°^' 
alleging material facts which have occurred or come to the 
knowledge of the party since the former declaration, answer, 
or replication. 

Sect. 25. Either party may allege any fact or title alter- Facts may be 
natively, declaring his belief of one alternative or the other, natWeiy! ^^^' 
and his ignorance whether it be the one or the other. 

Sect. 26. The allegations and denials of each party Pleadings so 
shall be so construed by the court as to secure, as far as construed as to 

., "^ . . -, . 1J.J- give certainty 

possible, substantial precision and certainty, and to dis- and precision. 

courage vagueness and loose generalties. Any substantive 

fact, alleged with substantial precision and certainty, and 

not denied in clear and precise terms, shall be deemed to be 

admitted ; but no party shall be required to state evidence 

or to disclose the means by which he intends to prove his 

case. 

Sect. 27. Any defence to any real, personal, or mixed piea in abate- 
action which might have been made by plea in abatement, ^^^^> ^^• 
may hereafter be made by answer containing such allega- 
tions or denials as may be necessary to constitute such 
defence. 

Sect. 28. No action shall be defeated thereby, if the Action not to 
defect found, be capable of amendment, and be amended on ^^^g^e^^J^efett 
such terms as may be prescribed by the court ; and if any can be amend- 
issue of fact be found against the defendant, a final judg- ^'^• 
ment shall be rendered against him, as is now required 
by law in case of a plea in abatement ; and the defendant 
may have leave to amend such answer in abatement, or to 
answer over by special order of the court, for good cause 
shown, and not otherwise. 



230 



1852.- 



-Chap. 312. 



"When answer 
in abatement 
shall be over- 
ruled. 



In demurrer 
attorney shall 
declare it not 
intended for 
delay. 



Suit shall he 
deemed at is- 
sue when plea 
is filed. 

Court may al- 
low amend- 
ment in any 
stage ; any ne- 
cessary party 
may be joined 
as in chapter 
100, R. a. 



Cause of ac- 
tion ; amend- 
ment ; notice 
to parties ; ap- 
peal, &c. 



S. J. C.andC. 
C. P. may 
frame, promul- 
gate, and alter 
necessary 
rules, &C. 



Sect. 29. When an answer in abatement shall be over- 
ruled on demurrer, or an amendment shall be allowed and 
made by the plaintiff in consequence of such answer in 
abatement, the defendant shall then answer, or, in a real, 
or mixed action, plead, to the merits, within such time as 
the court shall order. 

Sect. 30. When any demurrer shall be taken, the attor- 
ney, if any, shall certify at the foot of the demurrer, that 
he is of opinion that there is such probable ground in law 
for the demurrer as to make it a fit subject for judicial 
inquiry and trial, and that it is not intended merely for 
delay. 

Sect. 31. A suit shall be deemed at issue when the 
allegations are closed, or, if the same be a real or mixed 
action, when the plea is filed. 

Sect. 32. In any stage of a suit, before final judgment, 
the court may allow any amendment to enable the plaintiff 
to sustain the action for the same cause for which it was 
brought, or to enable the defendant to make a legal defence 
thereto ; and any necessary party may be brought before the 
court, and joined as a plaintiff or defendant in the manner 
provided in the one hundreth chapter of the Revised Stat- 
utes. 

Sect. 33. The cause of action shall be deemed to be the 
same for which the action was brought, when it shall be 
made to appear to the court that, in point of fact, it is the 
cause of action relied on by the plaintiff when the action 
was commenced, however the same may be misdescribed ; 
and the adjudication of the court allowing the amendment 
shall be conclusive evidence of the identity of the cause of 
action. But no subsequent attaching creditor or purchaser 
of any property attached in the suit or bail, or any person 
other than the parties to the record, shall be bound by such 
adjudication, unless he shall have had due notice of the 
application for leave to amend, and opportunity to be 
heard thereon, according to an order of notice to that effect 
to be issued by the court when applied for by the plaintiff, 
and such third parties shall have the right to except or 
appeal. 

Sect. 34. It shall be the duty of the supreme court and 
court of common pleas, respectively, to frame and promul- 
gate, and from time to time, as may be needful, change 
rules prescribing the terms upon which amendments will be 
allowed by the court, or some justice thereof, or upon which 
unnecessary counts and statements will be stricken out of 
the record ; which rules shall, as far as possible, be adapted 
to discourage negligence and deceit, to prevent delay, to 
secure parties from being misled, to place the party not in 



1852. Chap. 312. 231. 

fault as nearly as possible in the same condition he would 
have been in if no mistake had been made to distinoruish 
betAveen form and substance, and to atlbrd known, fixed, 
and certain requisitions in place of the discretion of the 
court, or some justice thereof. 

Sect. 35. All orders allowing amendments before trial, Certain orders, 
or a supjilemental answer or replication, or enlarging time, fy''f,',J'trfaTmay 
and any other interlocutory order necessary to prepare the be made in 
case for a trial, may be made either by the court while in ^acatkin ^ ^^ 
session, or any justice thereof, in any county, either in term 
time or vacation ; but the several courts shall prescribe such 
fixed rules respecting notice, and the times and places for 
motions at chambers, and other matters, as they shall from 
time to time deem necessary. 

Sect. 36. Any of the orders mentioned in the preceding Any orders or 
section may be entered by consent, in writing, signed by partieTin writ- 
the parties or their attorneys; and all agreements of attor- ing shall be 
neys touching any suit or proceeding, shall be in writing ; otherwise. 
otherwise they shall be of no validity. 

Sect. 37. When the defendant relies on any claim by Declaration in 
way of set-off, he shall file with his answer a declaration ^^^-°^- 
adapted to such claim, entitling it a declaration in set-off; 
and all the subsequent allegations respecting the same shall 
be governed by the rules herein prescribed, as if an action 
had been brought for such claim. 

Sect. 38. When a writ of mandamus shall issue, the "Writ of man- 
person required to make return to such writ shall make his ceedingsr°' 
return to the first writ of mandamus, and the person suing 
such WTit, may, by an answer, traverse any material facts 
contained in such return, or demur thereto, and the parties 
having come to issue in the manner pointed out in this act, 
the same shall be tried, and if the party suing the writ shall 
maintain the issue on his part, his damages, if any, shall 
be assessed, and a judgment rendered that he recover the 
same with costs, and that a peremptory writ of mandamus 
be granted ; otherwise, the party making the return shall 
recover his costs. 

Sect. 39. No action for a false return to a writ of man- No action for 
damns shall hereafter be maintained. ^'^^^^ return. 

Sect. 40. The court may make rules, not only on a pe- Court may 
tition for a writ of mandamus, but upon and after the issu- ^re \nd^aftCT 
ing of the first writ of mandamus, calling upon any person first writ, 
other than the party to whom such writ is prayed to be, or 
has been, directed, having or claiming any right or interest 
in the subject matter of such writ, to show cause against 
the issuing of such writ ; and upon the appearance of such 
person, he shall be heard in such manner as the court may 
direct, and, in fit cases, may be allowed to frame and sign 



232 1852. Chap. 312. 

the return to such first writ of mandamus, and to stand as 

the real party in the jDroceedings. 

On admittance Sect. 41. Li case any third person shall be admitted as 

— proceedrnRs ^^^^ ^^^^ P^rty, as is provided in the preceding section, the 

' proceedings on such writ shall not abate or be discontinued 

by the death, resignation, or removal from office, by lapse 

of time, or otherwise, of the person to whom such writ was 

directed, and any peremptory writ shall be directed to his 

successor. 

When appiica- Sect. 42. Any person whose private right or interest 

tion may be has been injured, or is put in hazard by the exercise, by any 

Court. ' ' private corporation, or any persons claiming to be a private 

corporation, of a franchise or privilege not conferred by law, 

whether such person be a member of such corporation or 

not, may apply to the supreme judicial court for leave to 

file an information in the nature of a quo ivarranto. 

Such heard in Sect. 43. Such application may be made and heard in 

any county, ^j^y couuty whcrc the court is in session, either by a single 

judge or the full court. 
Application to Sect. 44. Upou the application for leave to file such 
tion summarily information, the court shall take order for a summary hear- 
heard. iug of the parties upon such application ; and if there shall 

appear probable cause to believe that the party complained 
of has exercised a franchise or privilege not conferred by 
law, and that thereby the private right or interest of the 
complainant has been injured, or is put in hazard, leave 
shall be granted to file such information. 
Such informa- Sect. 45. Such information shall be filed in the county 
cmTnty^of'de- where the party defendant has its principal place of busi- 
fendant. ucss ; and a copy of the information, with an order of notice 

thereon, returnable, and to be served, when and as the court 
in such order direct, shall be served on the defendant. 
Court may is- Sect. 46. The court shall have power, when leave is 
sue injunction, giygn to file such information, or at any time before final 
judgment, to issue a writ of injunction, restraining the party 
complained of, and its managers, servants, and agents, from 
exercising the franchise or privilege in question, until the 
further order of the court. 
Judgment, Sect. 47. If, upon such information, the attorney-gene- 

when^compl^e^t- ^^1 shall uot have intervened, as is hereinafter provided, and 
for costs. it shall be determined that the party complained of has ex- 
ercised a franchise or privilege not conferred by law, no 
judgment of forfeiture shall be entered, but the judgment 
shall be, that the corporation, if any, or the persons claim- 
ing to be a corporation, be perpetually excluded from such 
franchise or privilege, and that the directors, managers, or 
agents by whom such usurpation was made, do pay the 
legal costs of the proceeding, to be recovered by the com- 
plainant. 



1852. Chap. 312. 233 

Sect. 48. If, upon such information, it shall be adjudged Complaint not 
that the party complained of has not exercised any fran- feV/drut^has^^" 
chise or privilege not conferred by law, the defendant shall costs. 
recover against the complainant the legal costs of the pro- 
ceeding, which shall be the same as are allowed in actions 
at law. 

Sect. 49. "When an order of notice shall issue upon any Attorney-gen- 
such information, it shall be a part of such order, that a copy "^^. *° ^^''^ 
of such information be served on the attorney-general within 
such time as the court shall direct, and it shall be lawful for jjjs duty, 
the attorney-general, when he shall have good reason to 
believe there has been a usurpation of a franchise or privi- 
lege not conferred by law, to intervene and demand a judg- 
ment of fine and forfeiture ; and in such case he shall have 
the control of all future proceedings, and the court shall 
enter such judgment as may be required by the principles 
of tlie common law ; but the complainant in such case shall not responsible 
no longer be responsible for costs. for costs. 

Sect. oO. Nothing herein contained shall be deemed to Duty of attor- 
affect the duty of the attorney-general hereafter to proceed not affected. 
ex officio, in all cases in which he may now so proceed by 
law, nor to deprive any individual of the right to file an in- 
formation respecting the election or admission of an officer 
or member of a corporation. 

Sect. 51. None of the foregoing provisions, except those These provi- 
contained in section eight, nine, ten, twenty-one, twenty- ^a^Ji^^to^j^J'a^'^" 
two, twenty-three, twenty-eight, twenty-nine, thirty, thirty- and mixed ac- 
one, thirty -two, thirty-three, thirty-four, thirty-five, and '^''"^^^^-'^'^^P* ^^ 
thirty-sLx, shall be deemed applicable to real or mixed 
actions, unless specially named. 

Sect. 52. Any person in possession of real property, a possessor of 
claiming an estate of freehold, or an unexpired term of not [^^' estate 

,," „,'...^, . hearing and 

less than ten years, may file a petition in the supreme ju- believing of an 
dicial court, setting forth his estate, whether of inheritance a^^^^^Y g\Y."^ 
for life or years, and describing the premises, and averring tion for trial, 
that he is credibly informed, and believes that the respond- *'^- 
ent makes some claim adverse to the estate of the petitioner, 
and praying that he may be summoned to show cause why 
he should not bring an action to try the alleged title, if any. 
And thereupon the court shall order notice to be given to Proceedings, 
the respondent, and upon return of such order of notice, 
duly executed, if the respondent so summoned shall make 
default, or, having appeared, shall disobey the lawful order 
of the court to bring an action and try the title, the court 
shall enter a decree that he be forever debarred and es- 
topped from having or claiming any right or title adverse to 
the petitioner, to the premises described. If the petitioner 
30 



234 



1852. Chap. 312. 



If respondent 
appear and dis- 
claim, he re- 
covers cost — 
Contra. 

Proceedings. 



When action 
brought to 
foreclose mort- 
gage or for 
possession. 



In all real or 
mixed actions, 
if demandant 
die before judg- 
ment. 



"When person 
summoned as 
trustee, time 
to file answer, 
&c. 



Plaintiff may 
file written in- 
terrogatories. 
Answers must 
be filed in sev- 
en days. 



prefer, such a petition may be inserted like a declaration in 
a writ and served by copy like a writ of original summons. 

Sect. 53. If the respondent shall appear and disclaim 
all right and title adverse to the petitioner, he shall recover 
his costs. If he shall claim title, he shall by answer show 
cause why he should not be required to bring an action and 
try such title, and the court shall make such decree respect- 
ing the bringing and prosecuting of such action as may 
seem equitable and just. 

Sect. 54. When any real action shall be brought to 
foreclose a mortgage, or for possession under the same, the 
court, or any justice thereof, may, on the application of the 
demandant, either in term time or vacation, and in any 
county, issue a writ of injunction to stay any waste com- 
mitted or threatened by the defendant, or any one claiming 
under him, or acting by his permission, on the land mort- 
gaged. 

Sect. 55. In all real and mixed actions, if the demand- 
ant shall die before final judgment, his devisee of the land 
demanded, or right of action, if any, at the same term when 
the death is suggested, or within such further time as the 
court shall allow, may appear and prosecute the suit in the 
same manner as if it had been originally commenced by 
him. And if the first estate in possession under the devise 
shall not be a fee simple, the devisee of the first freehold 
estate in possession shall have the right to appear and prose- 
cute as aforesaid, and the judgment, if in his favor, shall 
be conformed to his title. 

Sect. 56. Any person summoned as a trustee shall 
appear and file his answer within the four first days of the 
return term of the writ in any county except Suffolk, and 
in Suffolk within the first ten days of the return term, or 
during the return term if the court shall not sit ten days in 
Suffolk, or four days in any other county, otherwise he 
shall, on motion of the plaintiff, be defaulted and adjudged 
a trustee : provided, however, that the court may, upon good 
cause shown, enlarge the time of filing such answer, and 
such answer shall disclose as plainly, fully, and particularly 
as is practicable, what goods, effects, or credits of the prin- 
cipal defendant, if any, were in the hands or possession of 
said supposed trustee at the time of the service of the writ 
upon the same, and shall be sworn to by the trustee, or in 
case of a corporation, by its president, treasurer, cashier, or 
other proper officer. 

Sect. 57. The plaintiff may, from time to time, exam- 
ine the su])posed trustee upon written interrogatories, filed 
in the clerk's office ; and the answers thereto shall be sworn 
to and filed in the clerk's office within seven days after no- 



1852. Chap. 312. 235 

tice to the said trustee or his attorney, of the filing of the 
said interrogatories, unless the court shall otherwise order. 
And if such answers are not so filed, the court may pass 
such order as the case may require. 

Sect. 58. If any trustee shall be so defaulted, and a if trustee de- 
scire facias shall be sued and prosecuted against him, it faulted, court 
shall be in the power of the court to make such order con- in sect. 59^ ch, 
cerning the costs as they may now do when the supposed ^^'^ ^- ^• 
trustee is defaulted, according to the fifty-ninth section of 
the one hundred and ninth chapter of the Revised Statutes. 

Sect. 59. If any excessive attachment of goods or es- in, case of es- 
tate shall be made on a writ in any civil action, the defend- cessive attach- 
ant may apply in writing, in any county, to any justice of ceedings. 
the court into which such writ is returnable, for a reduction 
of the amount of such attachment, and such justice shall 
order a notice to the plaintiff", returnable before himself or 
any other justice of the same court, where and as speedily 
as circumstances may permit ; and if upon summarily hear- 
ing the parties it shall be found that the attachment is ex- 
cessive, he shall order it to be reduced, or a part of the 
goods or estate to be released, and thereafter the attach- 
ment shall be deemed to be reduced or partially released, 
according to such order. 

Sect. 60. No person offered as a witness shall be ex- no person ex- 
cluded from fijivins^ evidence, either in person or bv deposi- duded as wit- 
. . . ^ ^ 1 . ... . . ^ , . '' ^ . ness by crime 

tion, in any proceeding, civil or criminal, in any court, or or interest, 
before any person having authority to receive evidence, by 
reason of incapacity from crime or interest ; but every per- 
son so offered shall be admitted to give evidence, notwith- 
standing he may have an interest in the matter in question, 
or may have been previously convicted of any offence ; but 
this act shall not render competent any party to a suit or 
proceeding who is not now by law rendered competent, nor 
the husband or wife of any such party. But nothing herein witnesses to 
contained shall be deemed applicable to the attesting wdt- '^'■^^^ excepted, 
nesses to any will or codicil. And the conviction of any crime may af- 
crime may be shown to affect the credibility of any person ^ect credibility, 
testifying. 

Sect. 61. In all civil actions the plaintiff" may at any in civil actions 
time after the entry of the action, and the defendant at any plaintiff or de- 

. •'. ' . . •' fendant may 

time atter answer, or, if it be a real or mixed action, alter file interroga- 
plea, and before the case is opened to the jury, file in the ^.""facts and°' 
clerk's office, interrogatories for the discovery of facts and documents, 
documents material to the support or defence of the suit, to 
be answered on oath by the adverse party. 

Sect. 62. To all such interrogatories there shall be an- Affidavit to be 
nexed an affidavit of the interrogating party or his attorney, te"rrogatories°" 
to the effect that he has reason to believe that the party 



236 1852. Chap. 312. 

interrogating will derive some material benefit in the action 
from the discovery which he seeks, if the same be fairly- 
made, and that the discovery is not sought for the purpose 
of delay. 
Answers to in- Sect. 63. All such interrogatories shall be answered, 
terrogatories ^^^ such answers filed in the clerk's office, within ten days 

to be nled in - ■ n -i , ^ , • , i_ii- 

clerk's office, after the same are notified to the party mterrogated or his 
attorney, unless, upon cause shown, either before or after 
the lapse of ten days, further time should be allowed by the 
court. 

No trial to be Sect. 64. No trial shall be delayed for the reason that 

delayed, &c. interrogatories have been filed and the time allowed for 
answering the same has not elapsed, but the court may 
allow an examination during the trial, as is hereinafter pro- 
vided. 

Answers in Sect. 65. The aiiswers shall be in writing, signed by, 

writing and on ^^^ ^^p^^^ ^j^^ ^^^j^ ^f^ ^^^ p^^^^^ 

When acorpo- Sect. 66. If the party to any suit be a corporation, the 
ration is a par- opposite party may examine the president, treasurer, clerk, 
or any director or other officer of the corporation, in the 
same manner as if he were a party to the suit. 
Each interros- Sect. 67. Each interrogatory shall be answered sepa- 
atory shall be ratcly aud fuUy ; the party interrogated may introduce into 
yanswere . ^^^ answer any matter relevant to the issue to which the 
interrogatory relates. 
How interrog- Sect. 68. When any document, book, voucher, or other 
tainir '^matter writing Called for by any interrogatory, contains any matters 
impertinent not pertinent to the subject matter of the action, the answer 
may be answer- j-^g^y gQ state, and that such part has been sealed up or 
otherwise protected from examination, and thereupon such 
part shall not be inspected by the party interrogating ; but 
such party may apply to the court and obtain an order to 
have liberty to inspect the part so protected from examina- 
tion, or so much thereof as the court shall find, on hearing 
the parties, or, if necessary, by inspecting the part so pro- 
tected, was improperly withheld and concealed. 
Whatinterrocr- Sect. 69. The party interrogated shall not be obliged to 
atoriesniaynot answcr any questioii or produce any document, the answer- 
be answered. ^^^^ ^^ producing of which would tend to criminate himself, 
or disclose his title to any property, the title whereof is not 
material to the trial of the action in the course of which he 
is interrogated, or to disclose the names of the witnesses by 
whom, or the manner in which, he proposes to prove his own 
case. 
J. „„„„ Sect. 70. If any answer shall contain irrelevant matter, 

If answer con- icii ii -n ■ in 

tain irrelevant or shall not be luU and clear, or if any interrogatory shall 

matter. ^^^^^ ^^ answered, and the party interrogated shall refuse to 

expunge or amend, or to answer a particular interrogatory, 



1852. Chap. 312. 237 

the court, or any justice thereof, on motion, may order such Court may or- 
irrelevant matter to be expunged, or such imperfect answer ^^^' ^'^^ 
to be made full and clear, or such interrogatory to be an- 
swered within such time as may seem reasonable. 

Sect. 71. When an answer shall be adjudged irrelevant When answer 
or insufficient, or when a party shall be ordered to answer ^''J"'ised "- 

' 111 • relevant court 

any mtcrrogatory, the court may make such order respectmg may order, &c. 
costs, either in the action or otherwise, as the court may by 
general rules direct, or as may be specially ordered in each 
case. 

Sect. 72. If any party shall neglect or refuse to expunge, When party 
amend, or answer, according to the requisition of this act, & J!!^ acconiins 
the court may enter a nonsuit or default, as the case may to requisition. 
require, and proceed thereon according to law. 

Sect. 73. The answer of each party may be read at the Rules as to 
trial by the other party as evidence ; the party interrogated answers being 
shall be entitled to require that the whole of the answers 
upon any one subject matter inquired of, shall be read, if 
any part of them shall be read ; but if no part of them be 
read, the party interrogated shall in no way avail himself of 
his examination, or the fact that he has been examined. 

Sect. 74. During the trial of any action, the court may court may al- 
allow interrogatories to be filed, to be answered forthwith, i"^ interroga- 
or with as little delay as practicable, and may suspend the filed during 
trial for the purpose of having the same answered ; but such '^'^'^l- 
interrogatories must be accompanied by an affidavit, stating Affidavit to ac- 
the reasons why they were not filed earlier, and unless the pompany such 
court, upon the whole matter, shall find that due diligence ries. " 
has been used, the interrogatories shall not be filed. 

Sect. 75. Neither the declaration, answer, nor any sub- Declaration, 
sequent allegation, shall be deemed evidence on the trial, answer, &c., 

1 . " , . . ' no evidence. 

but allegations only whereby the party making them is 
bound. 

Sect. 76. The supreme judicial court and court of s. j. c. and c. 
common pleas are severally authorized to make, and from ofc. p. may 

• -If ^ II 1 1 make and 

time to time, as may be needful, to change, all such rules change rules, 
respecting the form of verdicts as they respectively may find 
necessary, to place upon the record the finding of the jury 
in matters of fact. 

Sect. 77. On a WTit of error in any civil action in which on writ of er- 
the defendant appeared and a verdict was rendered, no ror— proceed- 
error in law shall be assigned other than such as may have 
occurred after verdict; and no judgment which is in con- 
formity with the verdict shall be reversed because the same 
is not in conformity with the allegations of the parties. 
But nothing herein contained shall prevent either party 
from assigning any error aflecting the jurisdiction of the 
court. 



erroneous ve 
nue 



238 1852. Chap. 312. 

No judgment Sect, 78. No judgment shall be arrested or reversed on 
or reveTsTd "fbr w^^' ^^ error, in any civil action, by reason of any mistake 
mistake in ve- respecting the venue of the action, whether such action be 
°"^' by law local, on account of its subject matter or any or all 

of its parties. 

Judgment Sect. 79. When judgment shall have been rendered in 

where'^ venue ^^^Y local actiou brought in an erroneous venue, the court 

was erroneous, shall cause its Writ of possession or other needful writ of 

TeciVd to offiifer execution to be directed to the sheriff of the proper county, 

ot proper c'y. or counties, so that the judgment may be duly executed. 

Local action Sect. 80. When it shall appear on a trial that a local 

brought in an actiou lias been brought in an erroneous venue, the court 

may, of its own motion, order a nonsuit to be entered, 

unless good cause shall be shown why the trial should be 

allowed to proceed. 

Wo allowance Sect. 81. No allowance shall hereafter be made to any 

hereafter for party in an action at law for attendance, but in place 

tendancefbut thereof there shall be taxed and allowed to the prevailing 

term fee. party the sum of four dollars in the supreme judicial court, 

and the sum of three dollars in the court of common pleas ; 

if the action is not on the trial list, the sum of five dollars 

in the supreme judicial court, and the sum of four dollars 

in the court of common pleas, for each term while the 

action shall be on the trial list. 

On removal of Sect. 82. In casc of the removal of any action from the 

^'^^p^'^"^^* j^ court of common pleas to the supreme judicial court on 

c, proceed- the affidavit of the defendant, or any one in his behalf, 

^°s^' the same shall be immediately transferred, with the papers 

therein, to the clerk of the said supreme judicial court, 

and shall be by him forthwith entered in said court at the 

charge of the party so removing the same, and the case 

shall proceed as if it had been originally commenced in said 

court. 

4" etuSie" Sect. 83. All writs of execution hereafter issued shall 

in sixty days, be made returnable in sixty days after their date. 

The forms in Sect. 84. The foHTis Contained in the schedule annexed 

tMs^aet^m^a^Ybe ^^ ^^^^ ^^^ "^^y ^^ uscd in the sevcral courts of this Com- 

aitered by s. J. mouwealth, subjcct to be changed and modified from time 

Court. ^Q time by the supreme judicial court, by general rules 

made for that purpose. 
Proceedings in Sect. 85. In all proceedings in equity, the evidence 
equity, evi- shall be taken in the same manner as in suits at law, un- 
in law, except. Icss the court, for Special reasons, shall otherwise direct ; 
but this shall not prevent the use of affidavits where they 
are now allowed. 
&c!, "repealed, Sect. 86. The two hundred and thirty-third chapter of 
but no pending the 'acts of the year 1851, entitled " An Act to amend some 
fected. ° ^ * ot the Proceedings, Practice, and Rules of Evidence of the 



1852. Chap. 312. 239 

Courts of this Commonwealth," and the three hundred and 
twenty-fifth chapter of the acts of the same year, entitled 
" An Act concerning Proceedings and Practice in Civil 
Actions before Justices' Courts, Police Courts, Justices of 
the Peace, and Trial Justices," are hereby repealed ; but the 
repeal shall not affect any action pending when this act takes 
effect, as far as relates to the previous proceedings therein, 
but every such action which shall then have been entered 
in the supreme judicial court or court of common pleas 
shall be transferred to the terms of said courts respectively, 
which shall then be in session, or shall next be holden in 
the county where the same is pending ; and every action 
which shall have been then commenced, but not entered, 
shall be entered at and have day in the term commencing 
on the return day of the writ, or if no term of such court 
commences on that day, then at the term next there- 
after ; and the subsequent proceedings in every such action 
shall be according to the provisions of this act, except 
where the court shall otherwise order. 

Sect. 87. The first, second, third, fourth, sixth, thirty- Certain speci- 
second, thirty-third, sixtieth, sixty-first, sixty-second, sixty- ^^^ sections of 
third, sixty-tourth, sixty-fifth, sLxty-sixth, sixty-seventh, ply to civil ac- 
sixty-eighth, sixty-ninth, seventieth, seventy-first, seventy- ^^^ti^ces^^and 
second, seventy-third, seventy-fourth, seventy-fifth, eighty- police courts, 
third, and eighty-fourth sections of this act shall apply to '^•^• 
all civil actions before justices and police courts and jus- 
tices of the peace. 

Sect. 88. If the parties in any case agree to continue when parties 
said case until the next term of said court, the same shall '^P'^^ ^^ ^°^- 
be continued accordingly : provided, hoivever, that the court shall 'be con- 
may, by any general or special order, regulate the place on tinned. 
the docket in which said case shall stand at the next term ; 
and the parties to any action may make any agreement as 
to amendments, and as to the time of filing any papers in 
the case, which last-named agreement shall be equivalent 
to an order of the court to the same effect : provided, hoiv- 
ever, no such last-named agreement shall operate to post- 
pone the trial of such action beyond the time at which, by 
the rules of the court, the same would be tried. 

Sect. 89. When any party to any suit or proceeding when corpora- 
under this act, or the acts which are repealed by the same, tion is a party, 
is a corporation, all precepts, answers, replications, or other 
papers requiring the signature or oath of the party, may be 
signed or sworn to in behalf of said corporation by some 
ollicer or agent thereof specially authorized for that purpose. 

Sect. 90. In actions before such justices' courts, police in actions be- 
courts, or justices of the peace as aforesaid, the iuterroga- comt."' poiTce 
tories and answers provided for in the sixty-first, sixty-third, courts, &c., 



240 1852. Chap. 312. 

interrogatories and sixty-fourth sectioiis may be filed before the said courts 
mlitbefiied^be- °^ justices respectively, and not in the clerk's office, as men- 
fore them and tioned in the said sections, and the interrogatories may be 
office"^ '^^"^^ filed by either party at any time after the commencement 

of the action, and the answers shall be filed within such 

time as the said courts or justices of the peace respectively 

shall order. 
Takes effect. Sect. 91. This act shall take effect on the first INIon- 

day of August next. 

SCHEDULE OF FORMS. 

ForTTis of Declarations in mictions of Contract. 

Commencement. To answer to A. B. of , in an action of contract. 

If the plaintiff is a minor, and sues by prochein ami, or sues as adminis- 
trator, or in any special character, it may be stated according to the 
established form. As it is not necessary to insert the declaration in the 
writ, it should be entitled, when filed separately, in the following form : 

^•^- } Suffolk, C. C. Pleas. 

P *A C Plaintiff's declaration. 

Count for money had and received. — And the plaintiff says, the defendant 

owes him one hundred dollars for money received by the defendant 

to the plaintiff's use. 
Money lenl. — And the plaintiff says, the defendant owes him one hundred 

dollars for money lent by the plaintiff to the defendant ; — 
Good^ sold. — Also, that the defendant owes him dollars for goods sold 

by the plaintiff to the defendant ; — 
Work, — Also, that the defendant owes him dollars for work done by 

the plaintiff for the defendant: — 
Work and materials. — Also, tliat the defendant owes him dollars for 

work done, and materials found, by the plaintiff for the defendant ; — 
Board. — Also, that the defendant owes him dollars for board and 

lodging furnished by the plaintiff for the defendant. 
Freight. — For the carriage of certain goods by the plaintiff for the de- 
fendant. 
Warehouse room. — For warehouse room furnished by the plaintiff for the 

storage of certain goods of the defendant. 
Horse and carriage hire. — For tlie use of a certain horse and carriage hired 

of the plaintiff by the defendant 
Use and occupation. — For the use and occupation of a certain tenement 

hired of the plaintiff by the defendant. 
Insimtd compuiassenl. — For the balance found due to the plaintiff by the 

parties, on accounting together. 
Account annexed. — And the plaintiff says, the defendant owes him fifly 

dollars, according to the account hereto annexed. 

Payee of JVote against .Maker. 

And the plaintiff says, the defendant made a promissory note payable to 
the plaintiff or order, a copy whereof is hereto annexed. And the defendant 
owes the plaintiff the amount of said note and interest thereon. 

On .Vofe payable to Bearer. 

And the plaintiff says, the defendant made a promissory note, a copy of 
which is hereto annexed ; payable to one G. H., or bearer. And the plain- 
tiff is the bearer of said note, and the defendant owes him the amount of 
said note and interest thereon. 



1852. Chap. 312. 241 

[If payments are indorsed on the note, the declaration should be varied as fol- 
lows: " A copy whereof, with the indorsements thereon, is hereto annexed, and 
the defendant owes the plaintiff the balance of said note and interest thereon." 

If payments have been made which are not indorsed on the note, the allega- 
tion should be varied accordingly.] 

By Indorsee against Indorser. 

And the plaintiff says, that one C. D. made a promissory note, a copy of 
which wirh the indorsements thereon is hereto annexed, payable to the said 
E. F., or order ; and the said E. F. indorsed the same to the plaintiti'; and 
payment of said note was duly demanded of the said C. D., who neglected 
to pay the same, and due notice of its non-payment was given to the said 
E. F., and the said E. F. owes the plaintiff the amount of said note and in- 
terest thereon. 

On a Bond tPith Condition to pay certain Debts of the Plaintiff, and to pro- 
vide for his Support. 

And the plaintiff says, the defendant executed to him a bond, a copy 
whereof is hereto annexed ; 

And the plaintiff says, he owed to one O. P. the sum of one hundred 
dollars on a promissory note (describing it) which the defendant neglects to 
pay; 

Also, that he owed to one R. S. one hundred dollars, according to the 
account hereto annexed, which the defendant neglects lo pay ; 

Also, that the defendant neglects to provide clothing for the plaintiff. 

And the plaintiff has requested the defendant to pay said debts, and pro- 
vide for his support as mentioned in said bond — 

[To be inserted, if proof of the request is necessary.] 

By Grantee against Grantor in a Common Deed of Warranty, for Breaches 

of Covenant. 

And the plaintiff says, the defendant delivered to him a deed, a copy 
whereof is hereunto annexed ; 

And the defendant was not seized in fee of a part of the land described 
as follows (describing it), but the same was held adversely by one L. M. ; 
and the residue of said land was not free from incumbrances, but was sub- 
ject to a mortgage to one S. T., to secure the payment of sLx hundred 
dollars ; 

And the defendant has not warranted and defended the premises against 
the rightful claims of all persons, but one W. S. had a right of dower 
therein, and has compelled the plaintiff to assign the same to her. 

On an Award. 

And the plaintiff says, the parties, by their agreement in writing, a copy 
whereof is hereto annexed, referred the matters therein mentioned, to arbi- 
trators ; and the said arbitrators have made an award thereon in writing, a 
copy whereof is hereto annexed. 

[Aver performance of condition by plaintiff, when necessary to be proved, and 
the non-performance by defendant, which is relied on.] 
[If it is for the mere payment of money aver as follows, — ] 

And the defendant owes the plaintiff the amount of said award. 
On a Promise to pay the Debt of another. 

And the plaintiff says, that one E. F. owed him the sum of for , 

and the plaintiff was about to sue the said E. F. to recover the same ; 

And in consideration that the plaintiff would forbear to sue the said E. 
F., the defendant made an agreement to pay the same to the plaintiff, a 
copy whereof is hereto annexed ; and the plaintiff did forbear to sue the 
said E. F., and the defendant owes him the said sum. 
31 



242 1852. Chap. 312. 

On an Agreevient to convey Land on a certain day, Plaintiff to pay One 
Hundred Dollars Cash, and give a JVote for Four Hundred Dollars, 
secured by a Mortgage of the Land. 

And the plaintiff says the defendant made an agreement with the plain- 
tiff, in writing, a copy whereof is hereto affixed ; 

And on the day of , the plaintiff tendered to the defendant 

one hundred dollars, and also a note for four hundred dollars (describing 
it), and a mortgage of said land, to secure the payment of said note, and 
demanded of the defendant a conveyance of said land (following the terms 
of the agreement). 

For Breach oj Promise of Marriage. 

And the plaintiff says, that she and the defendant mutually promised to 
marry each other. 

And she has always been ready to marry the defendant, but the defendant 
refuses to perform his promise. 

JVon-delivery of Goods sold. 

And the plaintiff says he purchased of the defendant the following goods, 

viz. : for the sum of one hundred dollars, to be paid therefor, on 

delivery thereof; and the defendant promised to deliver the same on the 
day of , at the defendant's store in ; 

And on the said day, the plaintiff demanded said goods at said store, 
and tendered to the defendant said sum of one hundred dollars in payment 
of the same ; 

And the defendant refused to deliver the same to the plaintiff. 

On Policies of Insurance. 

1. On a ship for a total loss. 

And the plaintiff says, the defendants made to him a policy of insurance, 
a copy of which is hereunto annexed, for the sura of ten thousand dollars, 
on the ship John, against the perils of the seas, and other perils therein 
mentioned, in a voyage from Boston to Cadiz, in Spain, and at and from 
Cadiz to her port of discharge in the United States ; and while proceeding 
on said voyage, the said ship was wrecked, and totally lost, by the perils of 

the seas; and the defendants had notice of said loss on the day of 

, and were bound to pay the amount of said loss to the plaintiff within 

sixty days after said notice ; and the defendants owe the plaintiff therefor 
the said sum often thousand dollars. 

2. For a partial loss and contribution to a general average. 

(State, as in the last count, to the description of the voyage inclusive.) 
And in said policy, the defendants agreed, that in case of any loss or 
misfortune to said ship, it should be lawful for the plaintiff and his agents 
to labor for, and in the defence and recovery of, said ship, and that the de- 
fendants would contribute to the charges thereof in proportion as the sum 
assured by them should be to the whole sum at risk ; 

And, while proceeding on said voyage, the said ship was, by the perils 
of the seas, dismasted, and otherwise damaged in her hull, rigging, and 
appurtenances, and it was necessary, for the preservation of said ship and 
her cargo, to throw over a part of her cargo, and the same was thrown over 
for that purpose, and the plaintiff was obliged to expend the sum of two 
thousand dollars for repairing said ship at Cadiz, and the sum of five hun- 
dred dollars, as a contribution for the loss occasioned by throwing over a 
part of said cargo ; and the ship suffered much other damage that was not 
repaired at Cadiz ; — and the defendants had notice of said loss and charges, 

on the day of , and were bound by the terms of said policy 

to pay the same within sixty days after such notice, and the defendants owe 
the plaintiff therefor the sum of dollars. 



1852. Chap. 312. 243 

For a total loss of cargo by fire : 

And the plaintiff says, the defendants made to him a policy of insurance 
for the sum of ten thousand dollars, on the cargo of the brigantine Wil- 
liam, against the perils of fire and other perils therein mentioned, at and 
from Boston, and in a voyage from thence to Hamburgh, or any other port 
or ports in the north of Europe ; and while said brigantine was proceeding 
on said voyage, tiie said cargo was totally destroyed by fire ; and the de- 
fendants had notice of said loss on the day of , and were bound 

by the terms of said policy to pay the plaintiff the amount of said loss ; and 
the defendants owe the plaintiff therefor the sum of ten thousand dollars. 

Forms of Declarations in Actions of Tort, 

Beginning. — To answer A. B., of , in an action of tort. 

Trover. — And the plaintiff says, the defendant has converted to his own use 

one horse, tiie property of the plaintiff (or the goods mentioned 

in the schedule hereto annexed). 

[The ad damnum is a sufficient allegation of damage in all cases in which 
special damages are not claimed.] 

Deceit. — And the plaintiff says, the defendant sold to him ten bags of coffee, 
and to induce the plaintiff to buy the same the defendant falsely 
represented to him that said coffee was the property of the defend- 
ant ; and the plaintiff, believing that said representation was true, 
was thereby induced to purchase, and did purchase said coffee, and 
paid therefor to the defendant the sum of one hundred dollars ; and 
said coffee was not the property of the defendant, which the defend- 
ant then knew, but was the property of one A. S., who has taken the 
same from the plaintiff. 

And the plaintiff says, the defendant sold him a horse, for which the 
plaintiff paid him one hundred dollars. And to induce the plaintiff to 
buy said horse, the defendant falsely represented to the plaintiff that 
said horse was sound, so far as the defendant knew ; and the plaintiff, 
believing that said representation was true, was thereby induced to 
buy, and did buy said horse: and said horse was not sound, but had 

a certain disease called , which the defendant then knew ; 

And the plaintiff says, the defendant, to induce the plaintiff to 
sell property on credit to one S. C, falsely represented to the plaintiff, 
in writing, that the said S. C. was a man possessed of a large pro- 
perty, and able to pay his debts (a copy of which writing is hereto 
annexed). And thereupon, the plaintiff, believing said representation 
to be true, v/as induced to sell, and did sell, to said S. C, the goods 
mentioned in the account hereto annexed, and gave the said S. C. 

credit for the price of said goods, being dollars, for the term of 

six months from the day of . And the said S. C. was not 

a man of property, nor able to pay his debts, but was insolvent, 
which the defendant then knew. And the plaintiff has not been 
paid for said goods, and is unable to obtain payment therefor of the 
_ said S. C. 

JVegligence of Railroad Corporations. — And the plaintiff says, the defend- 
ants are a corporation, owning a railroad between A. and B. ; that 
plaintiff was a passenger on said railroad, and, by reason of the in- 
sufficiency of an axle of the car in which he was riding, the plaintiff 
was hurt ; that defendants did not use due care in reference to said 
axle, but plaintiff" did use due care. 

[This form may be varied to adapt it to many cases, simply by changing the 
allegation as to the cause of the accident. It is not intended to restrict a party 
to the statement of one cause, if there were several concurrent causes, and if the 
plaintiff is in doubt which of several different causes occasioned the acciaent, he 
may, under the twenty-fifth section, so declare.] 



244 1852. Chap. 312. 

JVegligence of Town. — And the plaintiff says, there is in the town of - 



a public highway leading from to , which said defend- 
ants are bound to keep in repair ; — that the same was negligently 
suffered by defendants to be out of repair, whereby the plaintiff, 
travelling thereon, and using due care, was hurt. 

Obstructing Way. — And the plaintiff says, he owned a tract of land (de- 
scribing it), and there was a way leading to the same from (here 
mention the other terminus) which the plaintiff had a right to use as 
a foot-way and carriage-way ; and the defendant erected a fence 
across said way, and placed stones in the same, so that the plaintiff 
could not use the same. 

Immoderate Riding. — And the plaintiff says, the defendant hired of him a 
horse to ride from Boston to Cambridge, and from thence back to 
Boston, in a proper manner ; and the defendant rode said horse so 
immoderately that he became sick and lame, and was greatly injured 
in value. 

Slander. — And the plaintiff says, that the defendant publicly, falsely, and 
maliciously accused the plaintiff of the crime of perjury, by words 
spoken of the plaintiff substantially as follows. [Here set forth the 
■words — no inuendoes are necessary.] 

[If the natural import of the words is not intelligible without further explana- 
tion or reference to facts understood but not mentioned, or parts of the conver- 
sation not stated, in either of those cases after setting forth the words, the 
declaration should contain a concise and clear statement of such things as are 
necessary to make the words relied on, intelligible to the court and jury in the 
same sense in which they were spoken. This rule is applicable to actions for 
written and printed, as well as oral, slander.] 

Libel. — And the plaintiff says, the defendant caused to be published in a 
newspaper (describing it) a false and malicious libel concerning the 
plaintiff', a copy wliereof is hereto annexed. 

(Or if it be a picture, it may be described.) 
Trespass to Person. — And the plaintiff says, the defendant made an assault 
upon him, and struck him on his head, and kept him imprisoned for 
the space of one day. 
Trespass to Land. — And the plaintiff says, the defendant forcibly entered 
the plaintiff*'s close (describing it) and ploughed up the soil, &c., 
and took and carried away fifty bushels of the plaintiff's corn tliere 
being, and converted the same to his own use. 
Penalty. — And the plaintiff-? say, they had a turnpike-road (describing it), 
and the defendant passed on said road with a wagon, on which he 
carried a load of more than forty-five hundred pounds, and the felloes 
of said wagon were less than three inches and a half wide, whereby 
the defendant became liable to pay the plaintiffs three times the 
legal toll therefor, and the legal toll therefor is the sum of . 

And the plaintiff says, the defendants had a turnpike-road (de- 
scribing it), and the plaintiff was passing over the same, and through 
a turnpike-gate thereon (describing it), in a wagon drawn by one 
horse; and the defendants' toll-gatherer then demanded and received 
of the plaintiff fifty cents for toll, for passing through said gate Avith 
said horse and wagon, the legal toll for passing as aforesaid being 
only ten cents, whereby the defendants have forfeited to the plaintiff 
a sum not exceeding one hundred dollars. 

And the plaintiffs say, they had an aqueduct (describing it), and 
the defendant maliciously injured said aqueduct by cutting off one of 
the pipes thereof, whereby the defendant became liable to pay the 
plaintiffs treble the amount of the damage thereby sustained by the 
plaintiffs ; and the amount of said damage was ten dollars. 

And the plaintiffs say, that the twentieth day of October last was 
the day of their cattle show and exhibition; and that by their officers 
they defined and fixed bounds of sufficient extent for the erection of 



1852. Chap. 312. 245 

cattle-pens and yards, and for convenient passage-ways to and about 
the same, within which bounds no persons were permitted to enter 
and pass unless in conformity with the regulations of said officers: 
Of all which the defendant had notice ; and after said notice, the 
defendant did enter and pass within said bounds, contrary to said 
regulations, whereby he has forfeited to the plaintitis a sum not ex- 
ceeding five dollars. 

Answers in Matement. 

A. B. vs. C. D. Suffolk. C. C. Pleas. 

defendant's answer. 

Coverture of Plaintiff, — And the defendant comes and says, that when the 
plaintiff's writ was sued out, the plaintiff was a married woman, 
and that E. F., her husband, was then alive, and therefore he ought 
not to be held to answer to the plaintiff's writ. 

JVbnjoinder — And the defendant comes and says, that if he is indebted to 
the plaintiffs for the goods mentioned in their bill of particulars, he 
is indebted to them jointly with one G. H., who is still alive, and 
ought to be sued with him in the writ, and therefore he ought not to 
be held to answer to the plaintiff's writ. ' 

Misnomer. — And the defendant comes and says, the plaintiff's name is John 
Stiles, and not James Stiles, and therefore he ought not to be held 
to answer to the plaintiff's writ. 

Coverture of Defendant. — And the defendant comes and says, that when the 
plaintiff's writ was sued out, she was, and still is, a married woman, 
and tliat J. H., her husband, was then alive, and therefore she ought 
not to be held to answer to the plaintiff"'s writ. 

Answers in Actions of Contract. 

A. B. vs. C. D. Suffolk, C. C. Pleas. 

defendant's answer. 

Money had and received. — And the defendant comes, and upon his personal 

knowledge denies that he received the money mentioned in the 

plaintiff's bill of particulars, or any part thereof; 

(Or, if the case be so) admits that he received the money men- 
tioned in the plaintiff's declaration, but denies that he received it to 
the plaintiff's use. 

And the defendant comes and says, upon his personal knowledge, 
that he received the money mentioned in the plaintift"'s bill of par- 
ticulars, but upon his information and belief he denies that he 
received the same or any part thereof to the plaintiff's use. 

And the defendant comes, and upon his personal knowledge de- 
nies that he has received to the plaintiff's use the money mentioned 
in the plaintiff's bill of particulars, except the sum of fifty dollars. 
Statute of Limitations. — And the defendant comes and answers, that the 
cause of action mentioned in the plaintiff's writ did not accrue 
within six years before the suing out of the plaintiff's writ. 
Payment — And the defendant comes and answers, that he has paid the 

plaintiff the sum of dollars, which was the full amount of the 

account stated in the plaintiff's bill of particulars. 

If there are several items, add — And he annexes hereto a bill of 
particulars of said payment. 
Account annexed. Goods sold and delivered. — And the defendant comes 
and answers as follows, viz. : as to the first ten items of the plaintiff's 
bill of particulars, upon his personal knowledge he denies that the 
plaintiff sold and delivered the same to the defendant. 

As to the eleventh item, upon his personal knowledge he denies 
that the price was to be more than ten dollars. 



246 1852. Chap. 312. 

Work. — As to the twelfth item, he is ignorant personally, and by informa- 
tion and belief, whether the plaintiff performed the day's labor there 
charged or not, and also of the price thereof, if any, so that he can 
neither admit nor deny the plaintiff's allegation, but leaves the plain- 
tiff to prove the same. 

Ansivers to a Promissory JVbie. 

Promissory JVbte. — And the defendant comes and answers as follows : 

He denies that he made the promissory note mentioned in the 

plaintiff's first count ; 
Minority. — And as to the note mentioned in the plaintiff's second count, he 

says that at the time of making the same, he was a minor under the 

age of twenty-one years. 
Duress. — And as to the contract mentioned in the plaintiff's third count, he 

says that at the time of its execution he was kept in imprisonment 

by the plaintiff, and executed the contract through the force of that 

imprisonment. 
Part Payment. — And the defendant comes and says, that he has paid the 

note mentioned in the plaintiff's writ, except the sum of fifty dollars, 

and 
Tender.] before the plaintiff sued out his writhe tendered to the plaintiff 

said sum of fifty dollars, and now brings the same into court for the 

plaintiff. 
Accord. — And the defendant comes and says, he delivered to the plaintiff 

one wagon, which the plaintiff received in full satisfaction of the 

note mentioned in the plaintiff's writ. 
Res Judicata. — And the defendant comes and says, that at the supreme 

judicial court, held, &c., the plaintiff recovered judgment against 

the defendant for dollars and cents damages, and 

for costs ; and that said judgment was rendered upon the same cause 

of action mentioned in the plaintiff's first count. 
Release. — And the defendant comes and says, the plaintiff executed to him 

a release, a copy whereof is hereto annexed, whereby he discharged 

the defendant from the cause of action mentioned in the second 

count. 

To a Policy of Insurance. 

Insurance. — And the defendants come and say, that they deny, upon infor- 
mation and belief, that the said loss was actually total, and they 
deny that any abandonment was made. 

And the defendants come and say, they deny, upon information 
and belief, that the said vessel was seaworthy for the voyage in the 
said policy mentioned, at the inception of said voyage. 

And the defendants come, &c. (as above), but deny, upon infor- 
mation and belief, that the said vessel was lost while proceeding on 
the voyage in the said policy described. 

Forms of Ansivers in Actions of Tort. 

Trover. — And the defendant comes, and, upon his personal knowledge, 
denies that the horse mentioned in the plaintiff's writ was the pro- 
perty of the plaintiff, and also denies that he converted the same to 
his own use. 

And the defendant comes and says, that upon his personal know- 
ledge he is ignorant, but upon his information and belief iie denies, 
that the horse mentioned in the plaintiff's writ was the property of 
the plaintiff. 

And the defendant comes, and, upon his knowledge and belief, 
admits that the said horse is the general property of the plaintiff, 
but avers that the defendant has a special property therein, by reason 



1852. Chap. 312. 247 

of his having attached the same as the plaintiff's property, by virtue 
of a writ (here describe it), which writ was delivered to the plain- 
tiff, who then was a deputy sheriff in the said county of , for 

service, and the action is now pending : And so the defendant 
denies, upon his personal knowledge, that he has converted the said 
horse to his own use. 
Deceit. — And the defendant comes, and, upon his personal knowledge, 
denies that he made said representation, knowing that the same was 
not true. 

And the defendant comes and says, he has not personal know- 
ledge, but, upon his information and belief, he denies that said horse 
was unsound, as stated in the plaintiff's declaration. 

And the defendant comes, and, upon his personal knowledge, 
denies that he made the representation mentioned in the plaintilF's 
declaration. And he says, the said coffee was the defendant's pro- 
perty, and he had a right to sell the same. 
Obstructing fVay. — And the defendant comes and says, he has not per- 
sonal knowledge, but, upon his information and belief, he denies 
that the plaintiff has a right of way, as set forth in his declaration. 

And, upon his personal knowledge, he denies that he obstructed 
said way, as set forth in said declaration. 
Slander. — And the defendant comes, and, upon his personal knowledge, 
denies that he accused the plaintiff of the crime of perjury, as set 
forth in the plaintiff's first count. 

And as to the second count, he says, the plaintiff did feloniously 
steal, take, and carry away ten dollars, the property of one S. T., in 
the possession of said S. T. being found, and converted the same to 
his own use, and so the plaintiff was guilty of the crime of theft, 
and the defendant's accusation was true. 
Assault and Battery. — And the defendant comes and says, the plaintiff first 
assaulted him, and he only defended himself 

And the defendant comes and says, the plaintiff was his appren- 
tice, and deserted and ran away from him, and he retook the plaintiff 
and forcibly brought him back, using no more force than was neces- 
sary. 

And as to the allegation that the defendant hurt and wounded the 
plaintiff, the defendant, upon his personal knowledge, denies the 
same. 
Trespass quare Clausum. — And the defendant comes and says, that a part 
of the close mentioned in the plaintiff's writ was the soil and free- 
hold of the defendant, the same being described as follows, «fec. 

Upon his own knowledge, he denies that he broke or entered any 
part of said close, except the part above described. 

Replications. 

Suffolk, C. C. P., February 1, 1851. A. B. vs. C. D. 

Limitations. — And the plaintiff replies as follows, viz. : He says, that within 
six years before the suing out of his writ, the defendant executed a 
writing, a copy whereof is hereto annexed, by which he acknow- 
ledged said debt, and agreed to pay the same. 

He further says, the defendant has been absent from this Com- 
monwealth for the space of three years last past. 

Minority. — And the plaintiff replies that he is ignorant of the fact, so that 
he can neither admit nor deny that the defendant was a minor, as 
stated in his answer, but leaves the defendant to prove the same. 

He further says, the articles mentioned in his bill of particulars 
were necessaries for the defendant, and suitable to hia estate and 
degree. [Approved by the Governor, May 22, 1852.] 



248 



1852. 



-Chap. 313. 



Chap. 313 ■^^ ^^^ ^^ incorporate the Suflfolk Mutual Loan and Accumulating Fund 

Association. 

Be it enacted hy the Seriate and House of Representa- 
tives, in General Court assembled, atid by the authority of 
the same, as follows : 



Corporators. 



Fund to be 
loaned on se- 
curity to con- 
tributors. 



Powers, liabili- 
ties, &c., as in 
ch. 44 R. a. 

Number of 
shares not ex- 
ceeding 1000. 



When corpora- 
tion shall ter- 
minate. 



No dividend 
till termina- 
tion of corpo- 
ration and 
debts paid. 

Corporation 
shall make an- 
nual statement 
of condition. 



Debts not to 
exceed capital 
stock paid in. 
In case of ex- 
cess directors 
held jointly 
and severally 
for all debts. 



Sect. 1. Robert Cowdin, S. S. Perkins, George How- 
land, their associates and successors, are hereby made a 
corporation, by the name of the Sufiblk Mutual Loan and 
Accumulating Fund Association, in the city of Boston, for 
the purpose of collecting and accumulating a fund to be 
loaned on security of real estate, and on the conditions 
that may be agreed upon and prescribed by the by-laws of 
the corporation, to such contributors to said fund as may 
desire such loans for the purchase of homesteads and real 
estate ; 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 number of shares in this corporation shall 
not exceed one thousand. The par value of the shares 
shall not exceed eight hundred dollars each ; and no mem- 
ber shall hold more than ten shares. 

Sect. 3. This corpojation shall terminate, except for the 
purpose of settling its affairs, whenever all its shares shall 
have been redeemed by loans or advances thereon ; or 
whenever the funds and property of the corporation shall 
be sufficient to pay the holders of the shares upon which 
no loans or advances shall have been made, the value 
thereof, as it shall be fixed by vote of the members, or by 
the by-laws of the corporation, at the commencement of its 
business. And no dividend of principal or profit shall be 
made until such termination, and until all the debts of the 
corporation shall have been paid or secured to be paid. 

Sect. 4. This corporation shall annually, in the month 
of January, publish in the city of Boston, in at least two 
newspapers, a statement, verified by the oaths of its presi- 
dent and secretary, showing its actual financial condition, 
and the amount of its property and liabilities, and shall 
also deposit a copy of said statement in the office of the 
secretary of the Commonwealth. 

Sect. 5. The whole amount of the debts which this 
company shall at any time owe, shall not exceed the 
amount of its capital stock actually paid in ; and in case of 
any excess, the directors, under whose administration it 
shall happen, shall be jointly and severally liable for all the 
debts of the company then existing, and for all that shall 
be contracted so long as they shall continue in office. 



1852. Chap. 313—314. 249 

Sect. 6. The association shall in no case loan its funds Loans to mem- 
to any others than its own members ; and no member shall no^'on^ mTre° 
receive any loan greater in amount than the value of the than amount 
shares for which he may have subscribed. [Approved by the subscribed. 
Governor, May 22, 1852.] 

An Act to extend the jurisdiction of Justices of the Peace in Civil Actions. Chap. 314 

Be it enacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The jurisdiction of the justices of the peace Justices of 
and justices of the police and justices courts within their {jce concurrent 
respective counties, shall extend, concurrently with the juris- jurisdiction 
diction of the court of common pleas, to all civil actions j^' civil actions 
wherein the debt or damages demanded do not exceed the and vepievin 
sum of one hundred dollars ; and to all actions of replevin ^loo?^*'^^ ^°^ 
where the property alleged to be detained does not exceed in 
value the sum of one hundred dollars; excepting real actions. Except real 
actions of trespass on real estate, actions for disturbance of g^g^^" s are 
a right of way, or of any other easement, and all other ac- connected with 
tions in which the title to real estate may be concerned : ^^^ 
provided, that such actions shall be brought in the county ,- 
where the defendant and trustees, if any, reside. 

Sect. 2. Either party to any civil action, wherein the in actions over 
debt or damage demanded exceeds twenty dollars, and all j^^y' ^"y ^J 
actions of replevin wherein the property alleged to be de- "demanded as 
tained does not exceed in value one hundred dollars, before ^p^"*^^ • 
any justice of the peace or justice of any police or justices 
court, may, on the return day of the writ, demand a trial 
by jury, and the justice shall thereupon issue a writ of 
venire facias directed to the sheriff of the county or any of 
his deputies, or any constable of the town or city in which 
the court is held, requiring the attendance of sLx jurors from 
the said town or city, at such place in said town or city, 
and at such day and hour as he may think best, not exceed- 
ing twenty-one days from the date of the said writ of venire 
facias, and the same proceedings shall be had in regard to 
drawing and summoning jurors as in other cases, except 
that it shall be sufficient to summon the jury two days 
before the trial, and the jury so summoned may try any 
number of cases before the said justice, but shall not be 
detained more than fourteen days, except to finish a case 
commenced within that time, and judgment shall be entered 
according to the verdict of the jury. 

Sect. 3. The jury shall consist of six persons, who shall six jurymen, 
be sworn by the justice and empanelled, and shall then 
choose a foreman by ballot. 
32 



250 1852. Chap. 314. 

Trial by jury, Sect. 4. The trial by jury shall be had before the jus- 

courts^^^^^"^ tice in the same manner, as nearly as may be, as trials are 

now had before the court of common pleas and supreme 

judicial court. 

Duty and fees Sect. 5. A sheriff or constable shall always attend jury 

of officer at- trials before a iustice, and said officer shall attend on the 

jury when they retire to make up their verdict, and his fees 

shall be one dollar a day for his attendance, and such other 

sum, not exceeding two dollars a day, for the use of rooms 

to hold the court in, as he may have to pay, to be allowed 

by the justice. 

Deficiency in Sect. 6. When, by reasou of challenge or otherwise, a 

number of jury, sufficient number of jurors, duly drawn and summoned, 

now suppii6u. ^ ^ ' -J ^ ^ * 

cannot be obtained for the trial of any cause, the justice 

shall cause jurors to be returned from the by-standers or the 

town, to complete the panel, which jurors shall be returned 

by the sheriff or constable. 

Ch. 95ofR. s., Sect. 7. The provision of chapter ninety-five of the 

as far as apph- ;R,cvised Statutes, so far as applicable, shall extend to iurors 

ed to 'these and trials before justices of the peace and justices of police 

trials. courts. 

Jurors fees Sect. 8. The fces of the jurors, under this act, shall be 

^^d"t^^M*^^^' ^^® dollar and twenty-five cents for every day's attendance, 
cents per mile, and six cents for every mile's travel out and home, and the 
same, as well as the fees of the officer who summons the 
jury and attends on the court, including the charge for 
rooms to hold the court in, shall be certified by the justice 
or his clerk, and paid by the county treasurer. 
Trial by justice Sect. 9. The justice who trics any case where there is 
«i^50^* ^^^^^^ ^ ^^i^l ^y J^^T? if *^ot paid by a salary, shall receive for the 
trial of each case one dollar and fifty cents from the plain- 
tiff, which sum shall be taxed in the bill of costs. 
Jurymen's ex- Sect. 10. No pcrsou shall be exempted from serving on 
and how ^^^^ ^ J^^Y "^ *^^ Supreme judicial court, or court of common 
pleas, in consequence of his having served as a juror before 
any justice of the peace, or in any justices or police court; 
and no person shall be compelled to serve as a juror before 
any justice of the peace, or justices, or police com*t, more 
than twenty-four days in any year. 
Appeal not Sect. 11. Nothing in this act contained shall be so con- 

prevented, strued as to prevent an appeal from any judgment of any 
justice of the peace or police court in the manner now pro- 
vided by law. \Aj)provcd by the Governor, May 22, 1852.] 



1852. Chap. 315. 251 

An Act to incorporate the Northampton and Westfield Railroad Chap. 315 

Corporation. ^ ' 

Be it rnactcd by the Seriate and House of Rcpresenta- 
tii'cs, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Samuel Williston, John Clarke, Noah L. Corporators. 
Strong, Ira Ycomaiis, Jr., and Alfred L. Strong, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Northampton and Westfield Railroad Corpora- 
tion, with all the powers and privileges, and subject to all Powers, privi- 
t.he duties, liabilities, and restrictions, contained in the forty- in^cha^ter44 
fourth chapter, and in that part of the thirty-ninth chapter and39R,. s. 
of the Revised Statutes which relates to railroad corpora- 
tions, and in the several statutes subsequently passed relat- 
ing to such corporations ; and said corporation is hereby Empowered to 
empowered and authorized to locate, construct, and com- complete a 
plete a railroad commencing at some point on the Connec- railroad, 
ticut River Railroad, within eighty rods of the station 
grounds of said railroad in the town of Northampton, 
passing thence through said Northampton, Easthampton, 
Southampton, and part of Westfield, to some point on the 
Western Railroad, within eighty rods of the station gi'ounds 
of said railroad in said Westfield. 

Sect. 2. Said corporation inay enter upon and unite May unite with 
their raihoad with the said Western and Connecticut River c^nnectioitf 
Railroads at such convenient points within the limits pre- River Rail- 
scribed in the preceding section, as shall not interfere with ^°^ ' 
the depot buildings of said roads, and may use said roads 
under the provisions and restrictions of the laws relating to 
railroads in this Commonwealth. 

Sect. 3. The capital stock of said corporation shall not Capital stock. 
exceed two thousand shares of one hundred dollars each, 
the number of which shall be determined by the directors 
of said corporation from time to time ; and said corporation May hold real 
may invest and hold such part thereof, in real and personal estate^'^^°'^^ 
estate, as may be necessary and convenient for the purposes 
of their incorporation. No share in the capital stock of No shares is- 
said company shall be issued for a less sum or amount, to ^^^^ under 
be actually paid in on each, than the par value of the shares 
first issued. 

Sect. 4. If the location of said railroad shall not be Location filed 
filed, according to law, within two years, and if the said railroad made 
railroad shall not be constructed within three years from the in three years, 
passage of this act then this act shall be void. 

Sect. 5. The said corporation shall not commence the Xot to com- 
construction of their road, or any part thereof, until a cer- ^ficatVflied^^^" 
tificate shall have been filed in the oifice of the secretary of to be sub- 



252 



1852.- 



-Chap. 315—316. 



scribed and the Commonwealth, subscribed and sworn to by the presi- 
pTesident^^ dent and treasurer of said company, and a majority of the 
treasurer,' and directors thereof, stating that two thousand shares have been 
rectors? °^ ^^' subscribed by responsible parties, and that twenty per cent. 

of the par value of each and every share has been actually 

paid into the treasury of the company. 

Sect. 7. Said corporation and the Hampden Railroad 

Company are hereby authorized to unite in such a manner, 

and on such terms, as the respective corporations may agree. 

[Approved by the Governor, May 22, 1852.] 



May unite with 

Hampden 

Kailroad. 



Board of in- 
spectors may 
lay pipes. 



May dig up 
any street for 
Uying or re- 
pairing pipes. 



Chap. 316 ^^ -^^t ^^ provide for supplying the State Prison with Water. 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The board of inspectors of the State prison is 
hereby authorized and empowered, in order to supply the 
State prison with water, to lay beneath any of the public 
streets, roads, and highways, or other ways in the city of 
Charlestown, all such pipes as they may deem proper in 
order to conduct the Cochituate water to the said prison, 
from the main pipe belonging to the city of Boston, which 
passes through the city of Charlestown. 

Sect. 2. The said board of inspectors is hereby empow- 
ered to enter upon and dig up any such streets, roads, high- 
ways, or other ways, for the purpose of laying down pipes 
beneath the surface thereof, and for maintaining and repair- 
ing the same, and in general may do any other acts and 
things necessary, or convenient and proper, in order to ac- 
complish the objects set forth in this act; and for the pur- 
poses aforesaid, or any of them, they may employ any and 
all such agents under them as they shall deem expedient ; 
and they shall well and sufficiently repair all such streets, 
roads, highways, or other ways, as may be so entered upon 
and dug up by them, and they shall repair all drains and 
se^^ers, either public or private, which they may disturb, to 
the reasonable satisfaction of all parties interested. 

Sect. 3. Any person who shall unlawfully hinder, ob- 
struct, or impede the said board of inspectors, or any agent 
or agents employed by them, in then doing and performing 
any of the things by this act authorized to be done, shall 
be taken and deemed to be guilty of a misdemeanor, and 
upon conviction thereof, shaU be punished by imprisonment 
in the common jail, not more than six months, or by fine 
not exceeding one hundred dollars. 

Sect. 4. This act shall take effect from and after its 
passage. [Approved by the Governor, May 22, 1852.] 



Penalty for ob- 
structing, com- 
mon jail six 
months or fine 
,^100. 



Takes effec t. 



1852. Chap. 317. 253 

An Act to establish the Chelsea Free Bridge Corporation. Chat). 317 

Be it enacted by the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. Erastus Rugg, J. Stebbins, William Hawes, Corporators. 
James H. Prince, their associates and successors, are hereby 
made a corporation by the name of the Chelsea Free 
Bridge Corporation, for the purpose of erecting a bridge 
across Mystic River, and for other purposes herein specified : 
and the said corporation shall have all the powers and pri- Powers, du- 
vileges, and be subject to all the duties, restrictions, and ^-c^'as^i^^chapl 
liabilities, set forth in the forty-fourth chapter of the Re- ter k, r. s. 
vised Statutes. 

Sect. 2. Said corporation is hereby authorized to locate Location and 
and construct a bridge across iNIystic River, beginning at a ^°sgj'["e({^°'^ 
point on the Salem turnpike in said Chelsea westerly of 
Chelsea bridge, and extending thence to the opposite shore 
of said river in the city of Charlestown at some convenient 
point westerly of said Chelsea bridge, together with a suit- 
able road or way to connect said bridge with Chelsea and 
Charlestown aforesaid, and for that purpose to take a quan- 
tity of land extending the whole length of said bridge and 
ways, and not exceeding fifty feet in width, except for the Erection of 
erection of piers near the draw, and for such other piers as pi^^^^- 
shall be necessary for the support of said bridge ; said land 
to be used only for the purpose of a bridge and ways afore- 
said ; said bridge shall have two good and sufficient draws, Two draws to 
the northerly draw to be not less than forty-six feet in width, ^e located by 
and the southerly draw to be not less in width than the ers. 
southerly draw in the Chelsea bridge, which draws shall be 
located by commissioners, to be appointed by the governor 
with the advice of the council, at the expense of said cor- 
poration ; and the said corporation shall construct a pier pip,. ^harres 
wharf near each of said draws, each side of said bridge, for to be made ac- 
the accommodation of vessels passing through the same, of ^ectio"n"of eom- 
such form and dimensions, and extending in such direction, missioners. 
as said commissioners shall direct and appoint ; said draws 
and wharves to be planked on the inside from the top of low 
water to the top of said draws and wharves, together with 
such other facilities and accommodations for the passage 
of vessels through said bridge as such commissioners shall 
direct to be made. Said bridge, draws, and wharves shall 
be built of good and sufficient materials, the bridge to be 
not less than thirty-two feet in width. 

Sect. 3. Said corporation shall be held liable to keep corporation to 
said brids:e and draws in good repair, and to raise the said keep bridge, 
draws and atford all necessary and proper accommodation 



254 1852. Chap. 317. 

to vessels having occasion to pass the same, by day and by 
night, and shall, when necessary, keep said bridge suffi- 
Rridgetobe ciently lighted by lamps on each side of the same not ex- 
hghted. ceeding seventy feet apart ; and if any vessel shall be 

unreasonably delayed in passing said draw by the negli- 
gence of said corporation or their agents in discharging the 
duties enjoined by this act, the owners or masters of such 
Damages for vessels may recover reasonable damages therefor, of said 
unreasonable corporation, in an action on the case before any court com- 
petent to try the same. yf 
Corporation to Sect. 4. Said corporation shall be holden to make com- 
uken "^ ^^'^'^^ pensation to any person or corporation whose real estate 
shall be taken for the use of said bridge, and if there shall 
be a difference of opinion as to the value of the same, either 
party may apply to the court of common pleas in the county 
where such real estate lies, for a committee to estimate the 
damage such person, persons, or corporations will sustain ; 
and upon such application, the court, after ten days' notice 
to the adverse parties to appear and show cause why such 
committee should not be appointed, shall, if no good reason 
be shown to the contrary, appoint three or five disinterested 
freeholders within the county, who, being first sworn before 
some justice of the peace, and giving due notice to the parties 
to appear, if they see fit, for a hearing, shall proceed to the 
duties of their appointment, and estimate the value of the 
real estate taken as aforesaid, and shall make return of their 
doings as soon as may be to said court ; and upon accept- 
ance of said report, judgment may be given thereon, with 
costs to either party, according to the discretion of the court : 
Either party provided^ that in all cases either party may claim a trial by 
Pfl'J^jly^'^*"^^ jury, as in similar cases when lands are taken for public 

uses. 

Same tolls as Sect. 5. Said corporation shall have the right to collect 

oil Chelsea ^-^^ receive the same rates of toll as are allowed by law to- 

amoun't suffi- be received by the Salem turnpike and Chelsea bridge cor- 

cient to cover poratiou : pvovided, that whenever the tolls collected on said 

^40 ,000 'for fu- Chelsea free bridge shall be sufficient to reimburse the pro- 

ture support, prietors for the cost of the real estate, and for the building 

of said bridge with six per cent, interest annually, and for 

all the expenses of the repairs upon said bridge, and all 

current and incidental expenses of its superintendence and 

management, leaving a fund of forty thousand dollars for 

the future support of said bridge, then the tolls on said 

bridge shall cease, and the bridge and funds shall revert to 

and be vested in the Commonwealth, to be maintained as 

a free bridge. 

ma7raS°'^ Sect. 6. Said Chelsea free bridge corporation are hereby 

550,000 by 500 authorized to raise, for the purpose of erecting said bridge 



1852. Chap. 317. 255 

and roads, and for the purchase of real estate necessary for shares of ^loo 
the same, the sum of fifty thousand dollars, by the creation ^'^''^• 
of five hundred shares of stock of one hundred dollars each. 

Sect. 7. Said Chelsea free bridge corporation shall have Corporation 
tlie right to purchase the present Chelsea bridge and the ci^^ife^ Sfdle 
franchise thereof ; and if the Salem turnpike and Chelsea in manner and 
bridge corporation shall, at a legal meeting, vote to sell their ^"re" specified. 
bridge and the franchise thereof to the Chelsea free bridge 
corporation at such price as may be agreed upon by the 
two corporations, or for such sum as three disinterested per- 
sons or a majority of them, one to be selected by the Chel- 
sea free bridge corporation and one by the Salem turnpike 
and Chelsea bridge corporation, and the third to be selected 
by the two thus chosen, shall appraise the same to be worth, 
the Chelsea free bridge corporation shall assent thereto, and 
shall be bound to purchase the said bridge at the appraisal 
so made : provided, the said Salem turnpike and Chelsea 
bridge corporation shall transfer their bridge and the fran- 
chise thereof to the Chelsea free bridge corporation on or 
before the first day of October next. And the said Salem 
turnpike and Chelsea bridge corporation is hereby author- 
ized to make the aforesaid transfer of their bridge and the 
franchise thereof 

Sect. 8. If the Salem turnpike and Chelsea bridge cor- if owners of 
poration shall sell and transfer their bridge to the Chelsea ^ll^^fuei^or^^ 
free bridge corporation as herein provided ; or if the said Chelsea free 
Chelsea free bridge corporation shall refuse to purchase the )*atkfnrefure°to 
same in conformity to the foregoing provisions, then the buy, then pow- 
authority conferred on the Chelsea free bridge corporation, ^^*° ^^^^^ ^^ 
by the second section of this act, to build a bridge, shall be 
void. 

Sect. 9. From and after the completion of the transfer After transfer 
of said bridge, the said Chelsea free bridge corporation shall glme ttn"lly 
have the right to collect and receive the same rates of toll be taken. 
that are now received by said corporation : provided, that Proviso. 
whenever the tolls so received on said bridge shall be suffi- 
cient to reimburse the proprietors for the cost of said bridge, 
with six per cent, interest annually, and for all the expenses 
for the repairs upon the same, and all current and incidental 
expenses of the superintendence and management of the 
same, leaving a fund of forty thousand dollars for the future 
maintenance of the present Chelsea bridge, the tolls on said 
bridge shall cease, and the bridge so purchased, together 
with said fund, shall revert to and become the property of 
the Commonwealth, the said bridge to be maintained from 
said fund free of tolls. 

Sect. 10. Said Chelsea free bridge corporation shall niake°a^nnuai^° 
make an annual report in the month of January in each report. 



256 1852. Chap. 317—319. 

year, to the governor and council, of all receipts from toll 

or other sources, and of all expenses incurred for repairs and 

taking care of said bridge during the year next preceding, 

and shall further make a like report at any time when 

required by the governor, by and with the advice of the 

council. 

Corporation Sect. 11. Said Chelsea free bridge corporation is hereby 

^T*Vb''*\ authorized to raise, for the purpose of purchasing said 

of ;^ 100 each, bridge, an amount of stock equal to the amount paid for 

the purchase of the same, by the creation of a requisite 

number of shares of one hundred dollars each. 

If Chelsea Sect. 12. If the Said present Chelsea bridge shall not be 

chafed"as pro- purchased as is herein before provided, or if the said Chel- 

Tided, or free sca free bridge and the roads leading thereto shall not be 

rnad^^iio't com- Completed and opened for travel within four years from the 

pieted in four passage of this act, then the same shall be null and void. 

years, act void, ^^^j^^^vetl by the Govemor, May 22, 1852.] 

Chap. 318 An Act to allow the Auditor a further sum for Clerk Hire. 

Be it enacted by the Senate and House of Represe7ita~ 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. The auditor of accounts is hereby authorized 
to employ a clerk in his office permanently, at a salary not 
exceeding one thousand dollars per annum. 

Sect. 2. The act of 1851, chapter 239, is hereby re- 
pealed. 

Sect. 3. This act shall take effect on and after the first 
day of January, 1852. [Approved by the Governor, May 
22, 1852.] 

Chan 319 An Act relating to Parishes and Religious Societies. 

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 religious Sect. 1. Any corporation for religious purposes, which 
society having g\yQ\\ have erected, or procured for public worship any meet- 
fic worship be- ing-house, pi'ior to the twenty-fifth day of March, in the 
fore March 25. year One thousand eight hundred and forty-five, may avail 
consent of pew themselves of the provisions of the general act passed un- 
owners, benefit (jer f^at date, entitled " An Act relatinar to Religious Socie- 

of act of that ^ " . 

datereiatingto ties": provided, that the consent of all the pew-owners in 
religious socie- g^^h meetiiig-house shall first be obtained thereto. 
„ , rn Sect. 2. This act shall take effect from and after its 

passage. [Approved by the Governor, May 22, 1852.] 



1852. Chap. 320—322. 257 

An Act to increase the Capital Stock of the Lowell Bleachery. Chan. 320 

Be it e7iacted hy the Senate and House of Representa- 
tives, in General Court assembled, and by the authority of 
the same, as follows : 

The Lowell Bleachery is hereby authorized to increase May add 
its capital stock, by adding thereto three hundred thousand 5300,ooo. 
dollars, and to invest such portion thereof in real estate, not May invest in 
exceeding: two hundred thousand dollars, as may be neces- ^^^^ estate, not 

1 . 1 1 • r 1 • 1 1 exceeding 

sary and convenient to carry on the business lor which the g200,ooo. 
said company was incorporated. [Approved by the Gover- 
nor, May 22, 1852.] 

An Act to Protect the Right of SuiFrage. Chap. 321 

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 in this Commonwealth shall by bribery, if any person 
or bv threatening to discharge from his employment, or to shall by bribery 

11 r iiiiiiL-"'' threatening 

reduce the wages of any person who shall then be laboring attempt to in- 
for him, or by a promise to give employment to any per- f "/"^^ shaiUe 
son then not laboring for him, or higher wages to any per- punished by 
son laboring for him, attempt to influence any qualified g°nment"o"' 
voter in this Commonwealth to give his vote or ballot in both. 
any election in this Commonwealth, or to withhold his vote 
or ballot in any election of this Commonwealth, shall, upon 
conviction thereof, be deemed guilty of a misdemeanor, and 
be punished by fine not exceeding three hundred dollars, or 
by imprisonment in the county jail or house of correction, 
for a term not exceeding one year, or both, at the discretion 
of the court before whom such person shall be tried. [Ap- 
proved by the Governor, May 22, 1852.] 

An Act concerning the Manufacture and Sale of Spirituous or Intoxicating Chap. 322 

Liquors. 

Be it enacted by the Senate and House of Representa- 
tives, iti General Court assembled, and by the authority of 
the same, as follows : 

Sect. 1. No person shall be allowed at any time to No intoxicat- 
manufacture for sale, or to sell by himself, his clerk, servant, b°Vamifac-*° 
or asrent, directly or indirectly, any spirituous or intoxicat- tured or sold 

,. •' • 1 1- i. r u- 1 • except as here- 

ing liquors, or any mixed nquors, a part oi which is ^^ 
spirituous or intoxicating, except as is hereinafter provided.^^ 

Sect. 2. The selectmen of any town, and the mayor Agents for seii- 
and aldermen of any city, on the first Monday of May an- 1"| JfquorsVr 
nually, or as soon thereafter as may be convenient, may medical, chem- 
33 



258 



1852. 



-Chap. 322. 



ical, and me- 
chanical pur- 
poses, may be 
annually ap- 
pointed with 
salaries. 



May be re- 
moved. 



Agent to re- 
ceive a certifi- 
cate after 
bond, with 
sureties in 



Form of bond 



y 



y 



appoint some suitable person or persons as agent or agents 
of such city or town, to sell at some central or convenient 
place or places, within said city or town, spirits, wines, or 
other intoxicating liquors, to be used for medicinal, chemi- 
cal, and mechanical purposes, and no other; and such 
agent or agents shall receive such fixed and definite salary, 
not dependent in amount upon the sales, for his or their 
services, as the board appointing him or them shall pre- 
scribe, and shall, in the sale of such liquors, conform to such 
rules and regulations as the selectmen and mayor and 
aldermen aforesaid shall prescribe for that purpose ; and 
every such agent shall hold his situation for one year from 
the time of his appointment, unless sooner removed by the 
board which appointed him, as he may be at any time, at 
the pleasure of said board. 

Sect. 3. Every agent, appointed as aforesaid, shall re- 
ceive a certificate from the mayor and aldermen, or y 
selectmen, by whom he has been appointed, authorizing 
him, as agent of such city or town, to sell intoxicating 
liquors for medicinal, chemical, and mechanical purposes 
only, at such place within their respective town or city as 
by them shall be deemed suitable, which place shall be de- 
signated with precision in said certificate, but such certificate 
shall not be delivered to the person so appointed until he 
shall have executed and delivered to said board a bond, 
with two good and sufficient sureties, in the sum of six 
hundred dollars, in substance as follows : 

Know all men that we , as principal, and ■• — . 

and , as sureties, are holden and stand firmly bound 

to the inhabitants of the town of , (or city, as the 

case may be), in the sum of six hundred dollars, to be paid 
unto them, their successors or assigns, to which payment 
we bind ourselves, our heirs and executors, or administra- 
tors, firmly by these presents. Sealed with our seals and 
dated this day of , A.D. . The con- 
dition of this obligation is such, that whereas the above 

bounden has been duly appointed an agent for the 

town of , to sell within, for, and on account of 

said town or city, intoxicating liquors for medicinal, 
chemical, and mechanical purposes, and no other, until the 

day of , A.D. , unless sooner removed 

from said agency. Now, if the said shall, in all re- 
spects, conform to the provisions of law relating to the 
business for which he is appointed, and to such rules and 
regulations as now are, or shall, from time to time, be es- 
tablished by the board making the appointment, then this 
obligation to be void; otherwise to remain in full force. 
And the selectmen, and mayor and aldermen, shall keep a 



1852. Chap. 322. 259 

record of the names and certificates, in full, of all persons Record of ap- 
by them appointed, as aforesaid, which record shall be open ^ubii™^"^^ ^" 
to public inspection at all reasonable times, and they shall, tion. 
as soon after the appointment of said agents as practicable, 
furnish a list of said names to the county commissioners of 
the several counties, and mayor and aldermen of the city of 
Boston. y 

Sect. 4. The commissioners of the several counties, and'i-icenses may 
the mayor and aldermen of the city of Boston, on the first manufe"ture 
Monday of May annually, or as soon thereafter as practi- and sell for ex- 
cable, may authorize such persons as shall apply to them, fo7me°hani-°^ 
in writing, to manufacture spirituous or intoxicating liquors, cai, medicinal, 
at a suitable place or places within their respective county purposes!'*^* 
or city, and sell the same in quantities not less than thirty 
gallons, to be exported out of the Commonwealth, and for 
mechanical and chemical purposes, or in any quantity to 
duly authorized agents of the towns and cities ; and such 
authority, given as aforesaid, shall continue for the term of Such authority 
one year from the date thereof, unless sooner revoked for 5°°*^ o'^s y^"* 
cause, or annulled as hereinafter provided and specified. 

Sect. 5. Every person authorized, as aforesaid, shall Certificate 
receive a certificate from the county commissioners, or the precis*e^piace** 
mayor and aldermen by whom he is authorized, ffivinff him of sale, bond 
authority to manufacture and sell spirituous and intoxi- fui'etie's. 
eating liquors, as aforesaid, at such place, within their 
respective county or city, as by them shall be deemed suit- 
able, which place shall be designated with precision in such 
certificate ; but such certificate shall not be delivered to 
such person until he shall have executed and delivered to 
said board a bond, with two good and sufficient sureties, To give bond. 
in the sum of six thousand dollars, in substance as follows : 

Know all men that we, , as principal, and — Form of bond. 

and , as sureties, are holden and stand firmly bound 

to the inhabitants of the county of (or city, as the 

case may be), in the sum of six thousand dollars to be paid 
unto them, their successors, or assigns, to which payment 
we bind ourselves, our heirs, executors, and administrators, 
jointly and severally, firmly with these presents ; sealed 
with our seals, and dated this day of , A.D. 



The condition of this obligation is such, that whereas 

the above bounden has been duly authorized to 

manufacture spirituous or intoxicating liquors at , in 

the town or city of , and county of , and sell 

the same in quantities not less than thirty gallons, to be 
exported out of the Commonwealth, or for mechanical and 
chemical purposes, or in any quantity to duly avithorized 
agents of towns and cities, as by law provided, until the 



260 1852. Chap. 322. 

day of , A.D. , unless such authority- 
be sooner revoked or annulled. 

Now, if the said shall, in all respects, conform to 

the provisions of law relating to the business which he is 
authorized, as above, to pursue, and shall violate no law of 
the Commonwealth touching the manufacture and sale of 
spirituous or intoxicating liquors, then this obligation to be 
void, otherwise to remain in full force ; and if any person 
Bond violated, SO authorized and bound shall commit any breach of the 
nulled^ *^' conditions of his bond, his certificate shall thereupon be 
null and void, and he shall not thereafter be authorized or 
permitted to manufacture or sell spuituous or intoxicating 
liquors. 
County com- Sect. 6. The Commissioners of the several counties, and 
missioners and ^^^ niayor and aldermen of the city of Boston, shall keep a 
dermenof Bos- record of the names, residences, and certificates, in full, of 
^o^d^of^air er- ^^ persons by them authorized to manufacture and sell, as 
sons author- hereinbefore provided, and also the names and residences of 
^'^^- all agents of towns and cities, furnished them by the select- 

men and mayor and aldermen, as provided in section third, 
which record shall be open to public inspection at all rea- 
sonable times ; and they shall furnish a list of said names, 
with their residences, to all persons authorized by them to 
manufacture and sell spirituous or intoxicating liquors, and 
to all agents of towns and cities whose names have been 
furnished them as aforesaid, or who are in any way known 
to them. 
First convic- Sect. 7. K any person by himself, his clerk, servant, or 
cost' and bond ^^gcut, shall at any time sell any spirituous or intoxicating 
;giOOO. liquor, or any mixed liquor, part of which is spirituous or 

intoxicating, in violation of the provisions of this act, he 
shall forfeit and pay, on the first conviction, ten dollars and 
the cost of prosecution, and shall stand committed until the 
same be paid, and shall be required to give bonds in a sum 
of not less than one thousand dollars that he will not, within 
one year from such conviction, violate any law of the Com- 
monwealth concerning the sale of spirituous or intoxicating 
Second, $20 hquors : on the second conviction he shall pay twenty dol- 
and cost, &c. lars and the costs of prosecution, and shall stand committed 
until the same be paid; and if it be more than one year 
from the first conviction, he shall be required to give like 
Third, §20 and bouds as on said first conviction : on the third and every 
cost, ^ii'i^™- subsequent conviction, he shall pay twenty dollars and the 
three to six costs of prosecution, and shall be imprisoned in the common 
months, &c. jg^j} qj. house of Correction not less than three nor more than 
six months : and in default of payment of fines and costs 
prescribed in this section for the first and "second convic- 
tions, the convict shall not be entitled to the benefit of any 



1852. Chap. 322. 261 

of the acts of the Commonwealth for the relief of poor pri- 
soners, committed on execution for debt, or concerning poor 
debtors, or relating to the discharge of poor debtors com- 
mitted on execution for debt, until he shall have been im- 
prisoned two months ; and in default of payment of fines 
and costs provided for the third and every subsequent con- 
viction, he shall not be entitled to the benefit of said acts 
concerning poor debtors, or for the relief of poor prisoners, 
or relating to the discharge of poor debtors, as cited above, 
until he shall have been imprisoned in the jail or house of 
correction three months. And if any clerk, servant, or Clerk or agent 
agent, or any other person in the employment or on the afpHncipaT^ 
premises of another, shall violate the provisions of this sec- 
tion, he shall be held equally guilty with the principal, and 
on conviction shall suffer the same penalty. And where All may be 
any act in violation of the provisions of this section has ^[^^ o^i^one 
been committed by any clerk, servant, or agent, or other complaint. 
person as aforesaid, upon the premises of another, the 
names of all the parties implicated, either as principal or as 
clerk, or other person, may be included in the same com- 
plaint, warrant, or indictment, and all the parties may be 
tried at the same time, and judgment shall be rendered ac- 
cordingly, and each person so implicated and convicted 
shall incur the fines and forfeitures provided for the offence. 
And two or more acts of violation of the provisions of this Two or more 
section may be alleged in the same complaint or indict- "ff'^".'^^^ ™^y 
ment, and be tried at the same time, and conviction thereon, gether. 
or on any of them, shall operate upon the defendants in the 
same manner as if the actions had been upon separate 
complaints, and the convictions had at separate trials. 

Sect. 8. Any forfeiture or penalty arising under the Action of debt, 
above section may be recovered in an action of debt, 
brought in the name of the city or town where the offence 
was committed, or by complaint before any justice of the 
peace or judge of any police court in the county where the 
offence was committed, and the forfeiture so recovered shall 
go to the town or city where the convicted party resides ; 
and the prosecutor, or complainant, may be admitted as a Complainant 
witness in the trial, and in all actions of debt arising under ™*y ^^ ^^^' 
this section, the fines and forfeitures suffered by the defend- 
ant shall be the same as if the action had been by 
complaint. And it shall be the duty of the mayor and Duty of mayor 
aldermen of any city, and the selectmen, or any one of o" s/iect^n"^ 
them, of any town, to commence an action in behalf of said lo prosecute, 
city or town, against any person guilty of a violation of 
any of the provisions of this act, on being informed of the 
same, and being furnished with reasonable proof of the 
fact. 



262 



1852.- 



-Chap. 322. 



Appeal. 



Recognize 
^100 and sure- 
ties. 



All forfeits go 
to town or city. 



On breach of 
bond by agent, 
duty of mayor 
and aldermen, 
or selectmen to 
notify party, 
prosecute, and 
if guilty, re- 
voke. 



Broken bonds 
to be put in 
suit. 

On breach of 
bond by manu- 
facturer, duty 
same. 



Sect. 9. Every person convicted under this act by any 
justice of a police court, or justice of the peace, may appeal 
from the sentence to the court of common pleas, or, in the 
county of Suffolk, to the municipal court, then next to be 
holden in the same county ; and such appellant shall be 
committed to abide the sentence of the said court until he 
shall recognize to the Commonwealth in the sum of not less 
than one hundred dollars, with two good and sufficient 
sureties, with condition to appear at the court appealed to, 
and there to prosecute his appeal, and to abide the sentence 
of the court thereon, and that he will not, during the pen- 
dency of such appeal, violate any of the provisions of this 
act. The forfeitures of all bonds and recognizances given in 
pursuance of this act, shall go to the town or city where the 
offence was committed. 

Sect. 10>\ The mayor and aldermen of any city, and the 
selectmen of any town, whenever complaint shall be made 
to them that a breach of the conditions of the bond given 
by any person appointed as agent of said city or town, un- 
der this act, has been committed, shall notify the person 
complained of, and if, upon a hearing of the parties, it shall 
appear that any breach has been committed, they shall re- 
voke and make void his appointment. And whenever a 
breach of any bond, given to the inhabitants of any city or 
town in pursuance of the provisions of this act, shall be 
made known to the mayor and aldermen, or selectmen, or 
shall in any manner come to their knowledge, they shall, at 
the expense and for the use of said city or town, cause the 
bond to be put in suit in any court proper to try the same. 

Sect. 11. The commissioners of counties, and the mayor 
and aldermen of the city of Boston, whenever complaint 
shall be made to them that a breach of the conditions of 
the bond given by any person authorized for their respective 
county or city, under this act, to manufacture and sell spir- 
ituous or intoxicating liquors, as provided in the fourth and 
fifth sections of this act, has been committed, shall notify 
the person complained of, and if upon a hearing of the parties 
it shall appear that any breach of such bond has been 
committed, they shall revoke and make void his authority. 
And whenever a breach of any bond given by a manufac- 
turer to the inhabitants of any county, or of the city of 
Boston, in pursuance of any of the provisions of this act, 
shall be made known to the mayor and aldermen of the 
city of Boston, or to the commissioners of the county where 
the offence is said to have been committed, or shall in any 
manner come to their knowledge, they shall, at the expense 
and for the use of said city or county, cause the bond to be 
put in suit in any court proper to try the same. 



1852. Chap. 322. 263 

Sect. 12. No person shall be allowed to be a manufac- Penalty for 
turer of any spirituous or intoxicating liquors for sale, or a ufact^r^n ™oT' 
common seller thereof, without being duly appointed or au- selling without 
thorized as aforesaid, on pain of forfeiting, on the first con- conviction?'^ 
viction, one hundred dollars and the costs of prosecution, and 
in default of payment thereof, the person so convicted shall 
be imprisoned sixty days in the common jail or house of cor- 
rection, and shall be required to give bonds in a sum of not 
less than two thousand dollars, that he will not, within one 
year from such conviction, violate any law of the Common- 
wealth concerning the manufacture or sale of spirituous or 
intoxicating liquors ; and on the second conviction, the per- Second convic- 
son so convicted shall pay the sum of two hundred dollars *"''^- 
and costs of prosecution, and in default of payment shall 
be imprisoned four months in the common jail or house of 
correction ; if it be more than one year from the first con- 
viction, he shall be required to give like bonds as on said 
first conviction ; and on the third and every subsequent Subsequent 
conviction, he shall pay the sum of two hundred dollars, conviction. 
and shall be imprisoned four months in the common jail or 
house of correction, in the county where the offence was 
committed ; said penalties to be recovered before any court Penalty, how 
of competent jurisdiction, by indictment or by action of '^^'^^^"^ " 
debt in the name of the city or town where the offence 
shall have been committed. And whenever a default shall On default, 
be had of any recognizance arising under this act, scire proceedings. 
facias shall be issued, returnable at the next term, and the 
same shall not be continued unless for good cause satisfac- 
tory to the court. And three several sales of spirituous or Three sales to 
intoxicating liquors, either to different persons or to the same coSon^^eUer. 
person, shall be sufficient to constitute a violation of this 
section ; and delivery in or from any store, shop, warehouse, 
steamboat or other vessel, or any vehicle of any kind, or 
any building or place other than a dwelling-house, shall be 
deemed prima facie evidence of a sale; and a delivery in or 
from a dwelling-house, with payment or promise of pay- 
ment, either express or implied, on, before, or after such de- 
livery, shall be held to constitute a sale within the meaning 
of this act. And if any clerk, servant, or agent, or any violation by 
other person in the employment, or on the premises of ^"e^ "'penalty 
another, shall violate the provisions of this section, he shall same as prin- 
be held equally guilty with the principal, and on conviction "P'^I- 
shall suffer the same penalty; and where any act in viola- Principal and 
tion of the provisions of this section has been committed t^[Jji'"oge?he^r* 
by any clerk, servant, or agent, or other person as aforesaid, 
upon the premises of another, the names of all the parties 
implicated, either as principal, clerk, or other person, may 
be included in the same complaint and warrant and indict- 



264 



1852. 



-Chap. 322. 



Several acts 
may be in one 
complaint. 



Cider and wine 
for specified 
purposes ex- 
cepted. 



Cases under 
this act to have 
precedence. 



Nol. pros, or 
continuance 
not to be en- 
tered, except. 



Search war- 
rants for sus- 
pected liquors, 
when and hov 
granted. 



When liquors 
found, seized. 



Dwelling- 
houses ex- 
empt, unless 



ment, and all the parties may be tried at the same time, and 
judgment to be rendered accordingly; and each person so 
implicated and convicted shall incur the fines and forfeitures 
provided for the offence /"and two or more acts of violation 
of the provisions of this section may be alleged in the same 
complaint or indictment, and be tried at the same time, and 
conviction thereon, or on any of them, shall operate upon 
the defendants in the same manner as if the action had 
been upon separate complaints, and the convictions had at 
separate trials ; provided, that nothing in this act shall be 
construed to prevent the manufacture or sale of cider for 
other purposes than that of a beverage ; or the sale and use 
of the "fruit of the vine" for the commemoration of the 
Lord's supper. ^ 

Sect. 13. All cases arising under this act, whether by 
action, indictment, or complaint, which shall come before 
any court, either by appeal or original entry, shall take 
precedence in said court of all other business, except those 
criminal cases in which the parties are actually under arrest, 
a^vaiting a trial ; and the court and the prosecuting officer 
shall not have authority to enter a nolle prosequi, or to grant 
a continuance in any case arising under this act, either be- 
fore or after the verdict, except where the purposes of justice 
may require it, and a nolle prosequi shall not be entered by 
the prosecuting officer, except with the concurrence of the 
court. 

Sect. 14. If any three persons, voters in the town or 
city where the complaint shall be made, shall, before any 
justice of the peace, or judge of any police court, make 
complaint under oath or affirmation, that they have reason 
to believe, and do believe, that spirituous or intoxicating 
liquors are kept or deposited, and intended for sale, by any 
person not authorized to sell the same in said city or town, 
under the provisions of this act, in any store, shop, ware- 
house, or in any steamboat or other vessel, or in any vehicle 
of any kind, or in any building or place in said city or town, 
said justice or judge shall issue his warrant of search to 
any sheriff or deputy sheriff, or city marshal or deputy mar- 
shal, or to any constable, who shall proceed to search the 
premises described in such warrant ; and if any spirituous 
or intoxicating liquors are found therein, he shall seize the 
same, and convey them to some proper place of security, 
where he shall keep them until final action shall be had 
thereon ; and such liquors so seized, together with the im- 
plements of the traffic, shall be used in evidence against 
any person charged with the unlawful manufacture or sale 
of spirituous or intoxicating liquors ; but no dwelling-house 
shall be searched, unless one of said complainants shall 



1852. Chap. 322. 265 

make oath or affirmation that he has reason to believe, and on oath that 
does believe, that such liquors have been sold therein, by gofi"?-^"* ^*' 
the occupant thereof, or by his consent or permission, &c. ' 

wathin the time of one month of making such complaint, 
and are then kept therein for sale ; and shall, in his oath or 
affirmation, state the facts and circumstances on which such 
belief is founded ; which facts and circumstances shall be 
sufficient, in the judgment of the magistrate before whom 
complaint is made, to reasonably induce said belief; and 
the owner or keeper of said liquors seized as aforesaid. Proceedings in 
if he shall be known to the officer seizing the same, shall ^^'^^ ^^^^e. 
be summoned forthwith before the justice or judge by 
whose warrant the liquors were seized, and if he fail to 
appear, or unless he can prove that said liquors are of for- 
eign production, that they have been imported under the 
laws of the United States, and in accordance therewith, 
that they are contained in the original packages in which 
they were imported, and in quantities not less than the laws 
of the United States prescribe, or are kept for sale by au- 
thority derived under this act, or are otherwise lawfully 
kept, they shall be declared forfeited, and shall be destroyed When liquors 
by the authority of the written order to that effect of said d/J"^oyed*° ^^ 
justice or judge, and in his presence, or in the presence of 
some person appointed by him to witness the destruc- 
tion thereof, and who shall join with the officer, by whom 
they shall have been destroyed, in attesting that fact 
upon the back of the order by authority of which it was 
done ; and the owner or keeper of said liquor shall pay a owner fined 
fine of twenty dollars and costs, or stand committed for .^^o and costs, 
thirty days, in default of payment, if, in the opinion of said 
court, said liquors shall have been kept or deposited for sale 
contrary to the provisions of this act. And if the owner or 
possessor of any liquors seized in pursuance of the provis- 
ions of this section, shall set up the claim that they have 
been regularly imported under the laws of the United States, 
and that they are contained in the original packages, the 
custom-house certificates of importation, and proofs of 
marks on the casks or packages corresponding thereto, shall 
not be received as conclusive evidence that the liquors con- 
tained in said packages are those actually imported therein. 

Skct. 15. If the owner, keeper, or possessor of liquors, when owner 
seized under the provisions of this act, shall be unknown to °!, iiqu^fs seiz- 
the officer seizing the same, they shall not be condemned how adveniled 
and destroyed until they shall have been advertised, with and what pro- 
the number and description of the packages, as near as '^^^ °^^' 
may be, for t\vo weeks, by posting up a written description 
of the same in some public place, that if such liquors are 
actually the property of any city or town in the State, and 
34 



266 



1852. 



-Chap. 322. 



If owner ap- 
peal, to give 
bond. 



If decided 
against him, 
liquor to be 
destroyed. 



Who may keep 
liquors. 



Duty of offi- 
cers to seize 
liquors for sale 
in shanties, 
huts, &c., on 
public days. 



were so at the time of their seizure, purchased for sale by 
the agent of said city or town, for medicinal, chemical, or 
mechanical pm-poses, only, in pursuance of the provisions 
of this act, or the property of some person duly authorized 
to manufacture and sell such liquors under this act, and 
were lawfully in his possession at the time of such seizure, 
or were otherwise lawfully kept, they may not be destroyed ; 
but upon satisfactory proof of such ownership or lawful 
possession, within said two weeks, before the justice or 
judge by whose authority said liquors were seized, said 
justice or judge shall deliver to the agent of said city or 
town, or person authorized or possessed as aforesaid, an 
order to the officer having said liquors in custody, where- 
upon said officer shall deliver them to said agent or person, 
taking his receipt therefor on the back of said order, which 
shall be returned to said justice or judge. 

Sect. 16. If any owner or keeper of liquors, seized as 
aforesaid, shall appeal from the justice or judge by whose 
authority the seizure was made, he shall give a bond in not \ 
less than two hundred dollars, with two good and sufficient 
sureties, to appear at the court appealed to,, and there to 
prosecute his appeal, and to abide the sentence of the 
court thereon, and that he will not, during the pendency of 
such appeal, violate any of the provisions of this act, or, in 
default of such bond, he shall stand committed to abide 
the sentence of the court appealed to ; and in case of such 
appeal, if the final decision shall be against the appellant, 
that such liquors were intended by him for sale, conti'ary 
to the provisions of this act, then such liquors shall be de- 
sti'oyecl, as provided in section fourteen. But nothing 
contained in this act shall be construed to prevent any 
chemist, or artist, or manufacturer, in whose art or trade 
they may be necessary, from keeping at his place of busi- 
ness such distilled liquors as he may have occasion to use 
in his art or trade, but not for sale. 

Sect. 17. It shall be the duty of any mayor, alderman, 
selectman, city marshal, or deputy marshal, sheriff, deputy 
sheriff, or constable, if he shall have information that any 
int6xicating liquors are kept or sold in any tent, shanty, 
hut, or place of any kind for selling refreshments in any 
public place on or near the grounds of any cattle show, 
agricultural exhibition, military muster, or any public occa- 
sion of any kind, to seize such liquors and arrest the keeper 
or keepers of such place, and take them forthwith, or as 
soon as may be, before some justice of the peace, or judge 
of some police court, with the liquors so found and seized, 
and upon proof and complaint that such liquors are intoxi- 
cating, that they were found in the possession of the accused, 



1852. Chap. 322. 267 

in a tent, shanty, or other place, as aforesaid, he or they 
shall be sentenced to the county jail or house of correction 
thirty days ; and the liquors so seized shall be destroyed by 
order of said justice or judge. 

Sect. 18. If any person arrested under the preceding increase of ap- 
section, and sentenced as aforesaid, shall claim an appeal, ^"^iqIj^""!^ 
he shall give a bond in a sum not less than one hundred ties required?" 
dollars, with two good and sufficient sureties, to appear at 
the court appealed to, there to prosecute his appeal, and to 
abide the sentence of the court thereon, and that he will 
not, during the pendency of such appeal, violate any of the 
provisions of this act, or in default of such bond, stand 
committed to abide the sentence of the court appealed to. 
In any suit, complaint, or indictment, or other proceeding Notice of for- 
against any person for a violation of any of the provisions ^ffickntTn^°°' 
of this act, other than for the first offence, it shall not be any subse- 
requisite to set forth particularly the record of a former con- 3^^"^* proceed- 
viction, but it shall be sufficient to allege briefly that such 
person has been convicted of a violation of the seventh 
section of this act, or as a manufacturer, or common seller, 
as the case may be; and such allegation in any civil or Maybe amend- 
criminal process, in any stage of the proceedings, before ^ " 
final judgment, may be amended without terms and as a 
matter of right. 

Sect. 19. All payments or compensations for liquors Payments for 
sold in violation of law, whether in money, labor, or per- 'violation, how 
sonal property, shall be held and considered to have been 
received in violation of law, without consideration, and 
against law, equity, and good conscience ; and in any 
action, either at law or equity, touching such money, labor. Purchaser and 
or personal estate, the purchaser and also the seller of such ^^^l^^ witness- 

'1 gg tor sibiicr 

liquors may be a witness for either party. And no action party, 
of any kind shall be had or maintained in any court in this 
Commonwealth, for the recovery or possession of intoxica- 
ting liquors, or the value thereof, except such as are sold or 
purchased in accordance with the provisions of this act. 

Sect. 20. This act shall take effect in sixty days from Take effect in 
and after its passage ; and all acts and parts of acts incon- ^^^^^ ^^y^' 
sistent with the provisions of this act are hereby repealed ; 
such repeal, however, not to affect any action or process No pending 
that may have been commenced under any existing law, lf^°^ ^^^^' 
before this act goes into effect. [Approved by the Governor^ 
May 22, 1852.] 



Secretary's Office. 

By the 256th chapter of the acts of 1851, entitled " An 
Act to provide for the Change of Names of Persons," it is 
provided that " the judges of probate for the several coun- 
ties shall annually, in the month of December, make a 
return to the office of the secretary of the Commonwealth 
of all changes of names made under and by virtue of this 
act, and such returns shall be published in a tabular form, 
with the statutes of each year." And the following returns 
are all that have been received at this department in ac- 
cordance with said act : — 

October 25, 1851. William Henry Magrath, of Roxbury, 
takes the name of William Gray. Decreed by Sherman 
Leland, judge of probate for the county of Norfolk. 

November 4, 1851. Joseph McQuid, of Amesbury, takes 
the name of Joseph Walton. Decreed by D. A. White, 
judge of probate for the county of Essex. 

December 23, 1851. Julia Ardelia Thurston, of South- 
wick, takes the name of Julia Ardelia Thurston Allen. 
Decreed by Thomas Kinnicutt, judge of probate for the 
county of Worcester. 



RESOLYES 



PASSED BY THE 



Ccgislaturc of ilTrtS0acl)us(tts. 



Resolve concerning Louis Kossuth. Chcip. 1 

Resolved, That his excellency the governor be authorized invitation by 
and empowered, in the name and behalf of the people of ^°^^^'^'''^' 
this Commonwealth, to invite Louis Kossuth to visit this 
capital during the present session of the Legislature. [Ap- 
proved by the Governor, January 10, 1852.] 

Resolve in favor of Teachers' Institutes. Chap. 2 

Resolved, That there be paid, annually, out of the trea- Si2o0 annu- 
sury, the sum of twelve hundred and fifty dollars, in ad- dition!^ ^ 
dition to the sums heretofore granted, for the purpose of 
defraying the expenses of Teachers' Institutes, and for 
increasing their number, under the direction of the board 
of education, and that his excellency the governor be au- 
thorized to draw his warrant accordingly. [Approved by 
the Governor, January 30, 1852.] 

Resolve authorizing the Treasurer to boiTow Money in anticipation of the Ch((p. 3 

Revenue. " 

Resolved, That the treasurer of this Commonwealth be, Anv necessary 
and he hereby is authorized to bon-ow, in anticipation of sum. "J*^^^^; 
the receipts of the present year, of any of the banks of this ooo, unpaid. 
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 suflicient for the purpose, and not other- 



272 



1852. 



-Chap. 3—6. 



wise appropriated, shall be received into the treasury: 
provided^ however, that the whole amount borrowed by au- 
thority hereof, and remaining unpaid, shall not at any time 
exceed the sum of two hundred thousand dollars. [Ajjproved 
by the Governor^ February 4, 1852.] 

Chap. 4 Resolve for the Pay of the Legislature and its Officers monthly. 

Pay of mem- Resolved, That there be paid out of the treasury of the 
bers, clerks, Commonwealth, to each member of the Legislature, at the 
end of every month during its session, the sum of fifty 
dollars : provided, it shall appear by the certificate of the 
clerk of either house that the pay of the member for the 
month, at two dollars per day, amounts to that sum, not 
including travel. Also, that there be paid to the clerks, 
messengers, doorkeepers, and pages of the two houses, a 
proportionate sum, upon producing the proper certificate. 
Governor may And his excellency the governor is hereby authorized to 
f '^^ffi^o'^no?^ draw his warrant on the treasurer for a sum not exceeding 
' ■ one hundred thousand dollars, for the purpose above spe- 
cified. [Approved by the Governor, February 6, 1852.] 



Chap. 5 Resolve for the pay of the Council, Senate, and House of Representatives. 

Each member Resolved, That there be paid out of the treasury of this 
^2 per day, Commonwealth, to each member of the senate and house 
expenses^. '°^ of representatives, two dollars for each and every day's 
attendance during the present political year ; and two dol- 
lars for every ten miles' travel from their respective places 
of abode, once in each session, to the place of the sitting 
of the General Court ; and also, to each member of the 
council two dollars for each and every day's attendance at 
that board, at every session thereof during the present po- 
litical year, and two dollars for every ten miles' travel from 
their respective places of abode, once in each session there- 
of; and to the president of the senate and the speaker of 
the house of representatives, each two dollars a day for 
every day's attendance, in addition to their pay as mem- 
bers, and that warrants be drawn accordingly on the orders 
of the respective branches. [Approved by the Governor, 
February 6, 1852.] 



President of 
senate and 
speaker of 
house $2 per 
day extra. 



Chan 6 Resolve on the Petition of Martin Wheelock. 

;g30 per ann. Resolved, For reasons set forth in the said petition, that 
for three years, there be allowed, and paid out of the treastu-y 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 



1852. Chap. 6—9. 273 

one thousand eight hundred and fifty-one, should he live so 
long, and that warrants be drawn therefor accordingly. 
[Approved by the Governor^ February 6, 1852.] 

Resolve for the payment of interest on School Fund to the Town of Chan 7 
Norton. ^ ' 

Resolved, That there be paid to the treasurer of the town 595.67 due last 
of Norton, in this Commonwealth, from the income of the y®*""' '^'^'^.°™^** 

~m~m tGQ. DV IVllS" 

Massachusetts School Fund, the sum of ninety-five dollars take. 
and sixty-seven cents, being the sum to which said town 
was entitled from the income of the fund for the past year, 
but which was omitted, in the distribution made during 
that year, by mistake in the examination of the return of 
said town. [Approved by the Governor, February 6, 1852.] 

Resolve for paying tiie current expenses of the State Reform School. Chcip. 8 

Resolved, That there be allowed and paid out of the 520,000 for 
treasury of the Commonwealth, to the trustees of the State ^^^^ ^'^^^' ^^^^' 
Reform School, to enable them to defray the current ex- 
penses of the said school for the present year, the sum of 
twenty thousand dollars, in manner following, to wit : the 
sum of five thousand dollars forthwith, and the remainder 
in three equal quarterly payments, the first of such pay- 
ments to be made on the first day of April next, and that 
warrants be drawn accordingly. [Approved by the Gov- 
ernor, February 12, 1852.] 

Resolves concerning the Printing for the Commonwealth. Ch(ip. 9 

Resolved, That the secretary of the Commonwealth, and Secretary of 
the clerks of the senate and house of representatives, be weaith™cierk'3 
directed to contract with White & Potter, to execute the of senate and 
printing for the various departments of the Commonwealth, iz°d^to con-°'" 
at the rate of thirty-five cents for the composition of each tract with 
thousand ems, for plain work, and seventy cents for rule t^ as^state 
and figure work, and sixty-five cents for printing and dry printers at the 
pressing each token of two hundred and fifty sheets of gpedfied^. 
medium paper: provided, that satisfactory bonds, to the 
amount of five thousand dollars, be given by said printers, 
for the faithful fulfilment of the terms of the said contract. 

Resolved, That the said contract shall be dated on the 
first day of March, in the current year, and shall be sub- 
stantially the same as the form of contract at present exist- 
ing with Dutton & Wentworth. 

Resolved, That all laws and resolves, inconsistent with 
the foregoing, are hereby repealed. [Approved by the Gov- 
ernor, March 2, 1852.] 



27i 



185-2. 



-Chap. 10—12. 



Chap. 10 

Preamble. 



Such snms as 
the society 
would have 
received had 
their existence 
admitted of an- 
nual returns. 



Resolve in favor of the Hampsliire Agricultural Society. 

Whereas, the Hampshire Agricultural Society, incorpo- 
rated in the year one thousand eight hundred and fifty-one, 
in the course of the last year established a fund, agreeably 
to the provisions of the Revised Statutes, and awarded 
premiums in October last, on the supposition that the 
bounty of the Commonwealth would be paid to it, as to 
other agricultural societies, which, from previous existence, 
have made returns prescribed by law ; therefore, 

Resolved, That there be paid out of the treasury of the 
Commonwealth, to the Hampshire Agricultural Society, 
such sums as the said society would have been entitled to 
receive, agreeably to the proWsions of the laws respecting 
agricultural societies, had its existence admitted of an 
annual retiun, in the month of January, in the year one 
thousand eight hmidred and fifty-one ; and the governor is 
hereby authorized to draw a warrant for the same, accord- 
ingly. [Approved hi/ the Governor.^ 31arch 5, 1852.] 



Chap. 11 

Schedule of 
tax for each 
county in the 
Sute. 



Resolve granting Ttixes for the several Counties. 

Resolved. That the sums placed against the names of 
the several counties, in the following schedule, are hereby 
granted as a tax, for each county, respectively, to be as- 
sessed, paid, collected, and applied, according to law, 
namely: county of Essex, fifty-five thousand two hundred 
dollars; county of ^Middlesex, eighty-tlu*ee thousand two 
hmidred and sixty -four dollars ; county of Worcester, fifty 
thousand dollars ; county of Hampshire, fourteen thousand 
dollars ; county of Hampden, r^-enty-eight thousand dol- 
lars ; county of Franklin, ten thousand dollars ; county of 
Berkshire, eighteen thousand dollars ; county of Norfolk, 
forty -three thousand dollars ; county of Plymouth, sLxteen 
thousand dollars ; county of Bristol, thirty thousand dol- 
lars ; county of Barnstable, seven thousand five hundred 
dollars ; county of Dukes, two thousand five hundred dol- 
lars. [Approved by the Governor, March 8, 1852.] 



Chap. 12 



S422 53 paid 
on forfeited 
recognizance. 



Resolve in favor of Ruth Roberts, administratrix on the estate of John 
Roberts, deceased. 

Resolved, For reasons set forth in her petition, that there 
be allowed and paid out of the treasury of the Common- 
wealth, to Ruth Roberts, of Somersille, administratrix on 
the estate of John Roberts, late of said Somerville, deceased, 
the sum of two hundred and forty-two dollars and fifty- 
three cents; being the sum paid by said John Roberts, in 
his lifetime, on a judgment upon a forfeited recognizance, 



1852. Chap. 12—15. 275 

in favor of the Commonwealth, recovered on the tw^enty- 
fourth day of July, in the year one thousand eight hundred 
and forty-iiine, in the supreme judicial court for the 
county of Suffolk. [Approved by the Governor, March 15, 
1S52.] 

Resolve for the relief of Elisha G. Woodward and the heirs of John Chan 13 
Roberts, deceased. ^ ' 

Resolved, That the attorney-general be, and he hereby Discharged 
is, directed to discharge Elisha G. Woodward, of Boston, 5o°5^ite"re^ 
and the heirs and administrators of John Roberts, late of cognizances. 
Somerville, deceased, from all liability, by reason of a judg- 
ment upon certain forfeited recognizances, recovered by the 
Commonwealth, on the twenty-fourth day of July, in the 
year one thousand eight hundred and forty-nine, in the 
supreme judicial court for the county of Sutfolk. [Ap- 
proved by the Governor, March 15, 1852.] 

Resolve in favor of Elisha G. Woodward. ChciJ) 14: 

Resolved, For reasons set forth in his petition, that there 542.53 paid on 
be allowed and paid, out of the treasury of the Common- forfeited re- 
wealth, to Elisha G. Woodward, of Boston, the sum of*' °^^ 
forty-r^"o dollars and fifty-three cents ; being the sum paid 
by the said. Woodward on a judgment upon a forfeited 
recognizance, in favor of the Commonwealth, recovered on 
the tv\-enty-fourth day of July, in the year one thousand 
eight hundred and forty-nine, in the supreme judicial 
court for the county of Sutfolk. [Ajjproved by the Governor, 
March 15, 1852.] 

Resolve authorizing the Land Agent to sell lands in Maine to actual Chcin 15 

settlers. ^ ' 

Resolved, That the land agent of this Commonwealth May sell for 
be, and he hereby is, authorized to sell and convey to actual deemerrel-^' 
settlers, for settling purposes, suitable tracts of land in sonabie, ex- 
Maine, belonging to this Commonwealth, for such consid- "^^p'' '**^" **'' 
eration as he may deem reasonable, proN'ided nothing in 
this resolve shall atithorize the land agent to sell and convey 
settling lots, in any townships owned jointly by Maine and 
Massachusetts, except to settlers who have equitable claims 
for the conveyance of the same already existing. [Approved 
by the Governor, March 18, 1S52.] 



276 1852. Chap. 16—19. 

Chap. 16 Resolve in aid of the State Library. 

51000 appro- Resolved.^ That the sum of one thousand dollars be, and 
priated. ^-}^g same hereby is, appropriated out of the treasury of the 

Commonwealth, for the purpose of supplying deficiencies 
and completing sets of important works in the State 
Library, under the direction of the trustees thereof; and 
that warrants be drawn therefor accordingly. [Approved 
by the Governor, March 18, 1852.] 

Chap. 1 7 Resolve for the compilation of a Manual for Arms with percussion locks. 

Adjutant-gen- Resolved, That the adjutant-general is hereby autho- 
pife manuai^f ^ized to Compile a manual of instruction for arms with per- 
instruction. cussion loclvs, according to the system prescribed by Scott 
for the government of the army, and to supply each field, 
staff, and company officer of the volunteer militia of the 
State \vith one copy. [Approved by the Governor, March 
18, 1852.] 

Chap. 18 Resolve concerning the Election of Delegates to the Philadelphia Con- 
vention, to be holden on the fourth day of July, in the year one thousand 
eight hundred and fifty-two. 

Whereas, a communication has been received from the 
select and common councils of the city of Philadelphia, 
proposing to hold a convention of delegates from the thir- 
teen States of one thousand seven hundred and seventy-six, 
on the fourth day of July next, in the hall where the Decla- 
ration of Independence was made, for the purpose of con- 
sidering the expediency of erecting in the grove belonging 
to said hall "one or more" monuments commemorative, 
respectively, of the States and of the men, parties to that 
declaration ; therefore. 
Two delegates Resolvcd, That two delegates to said proposed conven- 
by Legislature, ^jqj^ |-,g choseu by this Legislature in convention of both 
branches, and that his excellency the governor be authorized 
to draw his warrant for the payment of their necessary ex- 
penses. [Approved by the Governor, March 26, 1852.] 

Chai). 19 Resolve in relation to the Protection of Cape Cod Harbor. 

Senators and Rcsolvcd, That the senators from this Commonwealth, 
representa- 'lyy the Congress of the United States, be instructed, and 
greTstouse" ^^6 representatives be requested, to use their influence in 
influence to endeavoring to procure an appropriation for the purpose of 
priationr^^'°' preventing the destruction of Cape Cod Harbor in this 

State. 
transmitVopv Rcsolvcd, That his exccffency the governor be, and he is 
to each. ' hereby, requested to transmit to each of the senators and 



1852. Chap. 19—21. 277 

representatives of this Commonwealth in Congress a copy 
of the foregoing resolution, and also the report of the com- 
mittee of the Legislature appointed to investigate that 
subject. [Approved by the Governor, March 26, 1852.] 

Resolve on the Petition of Luke Baldwin. Chat) 20 

Resolved, For the reasons set forth in said petition, that xitie to real 
the title to a certain parcel of land, with the appurtenances, estate in Rox- 
situated in Roxbury, in the county of Norfolk, described in ed.'^ '°"^'™" 
a deed from Henry Timmins, executor to the said Luke 
Baldwin, dated February eleventh, one thousand eight hun- 
dred and forty-three, and recorded with Norfolli deeds, lib. 
139, fol. 197, to which reference is to be had, be, and the 
same hereby is, confirmed to the said Luke Baldwin, his 
heirs and assigns, and that he and they shall hold the said 
land in fee simple forever. [Approved by the Governor, 
March 26, 1852.] 

Resolve on the Petition of Francis Parkman, Trustee. Chap. 21 

Resolved, For the reasons in the said petition set forth, Trustee to sell 
that Francis Parkman, of Boston, trustee, be, and he is f^ convey in 
hereby, authorized and empowered to sell, either at public tain real es- 
or private sale, for cash or on credit, and to convey in fee ^^^^ described, 
simple by a good and sufficient deed, discharged from all 
trusts and liability for the application of the purchase 
money, the premises described in the said petition, being a 
certain piece of land with a brick store thereon, situated on 
Central street, in said Boston, numbered thirty and thirty- 
two in the range of buildings on the north side of said 
street, and bounded and measuring as follows, viz. : south- 
erly, in front, on said street, and there measuring twenty-one 
feet and eight inches ; westerly on a line running through 
the centre of the partition wall which divides this estate 
from the adjoining estate and land belonging to said Fran- 
cis Parkman, and there measuring forty-five feet and three 
inches ; northerly on a passage-way leading from Kilby 
street, and there measuring twenty feet and three inches ; 
and easterly on a line running through the centre of the 
partition wall which divides this estate from the land and 
warehouse of the heirs of Edward Blake Parkman, and 
there measuring about forty-three feet, — being the same 
premises which were conveyed to said Francis Parkman and 
the late George Parkman, deceased, as joint tenants in trust, 
by Robert G. Shaw, by deed dated P'ebruary sixteenth, 
eighteen hundred and twenty-nine, and recorded with Suffolk 
deeds, lib. 336, fol. 115, together with all the right conveyed 



278 1852. Chap. 21—24. 

by said deed to the land lying northerly of said premises, 
being part of the passage-way above named ; and also, all 
the other rights, privileges, and appurtenances to said prem- 
Bond to judge ises belonging : provided, hoioever, that the said Francis 
of probate. Parkman shall first give such bond, with sureties, to the 
judge of probate for the time being, of the county of Suf- 
folk, as the said judge shall approve, with condition faith- 
fully to execute the power above conferred, and to pay and 
divide the net proceeds of the sale of said premises to and 
among the several persons who are entitled thereto, under 
the indenture referred to in the deed aforesaid from Robert. 
G. Shaw, according to their respective shares, proportions, 
and interests under said indenture. [Approved by the Gov- 
ernor, March 26, 1852.] 

Chnr) 22 I^^^olve on the joint Petition of the Howard Benevolent Society, the 
'-t ' American Unitarian Association, and the President and Fellows of Har- 

vard College. 

Common- Resolvcd, That the Commonwealth of Massachusetts 

wealth re- dotli hereby release to the Howard Benevolent Society, the 
claim* to cer- American Unitarian Association, and the President and 
tain real estate Fellows of Harvard College, and their several successors, 
corpomtions* all rights and claims which the said Commonwealth may 
by u. Lienow. have in or to certain real estate devised to the aforesaid 
corporations, in and by the last will and testament of 
Henry Lienow, late of Boston, deceased, according to the 
prayer of the aforesaid petitioners, and in the proportions, 
and to the usesy set forth in the last will, aforesaid. [Ap- 
proved by the Governor, March 27, 1852.] 

Chan 2.S Resolve in relation to the State Arsenal at Cambridge. 

Adjutant-gen- Rcsolved, That the adjutant-general be authorized to 
erai may erect erect within the grounds of the arsenal, at Cambridge, a 
house for^* brick dwelling-housc, with a slate roof, for the use and 
keeperof arse- occupation of the keeper of said arsenal, the cost thereof 
which shall not exceed the sum of twenty -five hundred 
To be paid for dollars, to be paid from the proceeds of the sale of such 
as specified, property, in the adjutant and quartermaster-general's de- 
partment, as may be ordered by the governor and council. 
[Approved by the Governor, March 30, 1852.] 

C'hni 94- Resolve for the repair of the Wharf at Captain's Island. 

. ,. , . Resolved, That the adiutant-ffeneral cause the wharf at 

Adjutant-cen- t i i i • i i i i • n i 

erai to cau-e Captam s Island to be repaired, and that his excellency the 

repair. govemor, by and with the advice of the council, be, and he 

hereby is, authorized to draw his warrant on the treasury 



1852. Chap. 24—27. 279 

for such sum as may be necessary for the purpose aforesaid. 
[Approved bjj the Gocenior, March 30, 1852.] 

Resolve on the Petition of Jonathan P. Earle. Chan '^i 

Resolved-! For reasons set forth in said petition, that May tile in 
Jonathan P. Earle, of Hubbardston, in the county of Wor- PF°'^''^*f "*^.^=^- 

. ._ *' Yit mid noticG 

cester, administrator of the estate of Alpheus Earle, late of of real estate, 
said Hubbardston, deceased, be allowed and authorized to to perpetuate 

r^ • ^ c r • i i-t-i- evidence as 

nle, m tiie court oi probate for said county, his arndavit, effectual as if 
and a copy of his notice of a sale, by him, as said adminis- ^g"^^"^"'*^ 
trator of real estate of said Alpheus Earle, in pursuance of 
a license of said court, granted on the second day of 
October, one thousand eight hundred and forty-nine, and 
that the same shall be as effectual to perpetuate the evi- 
dence of the time, place, and manner of giving such notice, 
as though the same had been done by him, within one year 
after the sale thereof, provided said ailidavit and copy be so 
filed within six months from the passage of this resolve. 
[Approved by the Governor.) March 30, 1852.] 

Resolve on the Petition of the Overseers of the Poor of the Town of m.rt^-i Od 

Grafton. ^"^P' ^^ 

Resolved, For reasons set forth in the petition, that there g6i.42 for sup- 
be paid to the treasurer of the town of Grafton, out of the ^°^i,^^ ^^ ™- 
treasury of this Commonwealth, the sum of sixty-one dol- ° 

lars and forty-two cents, in full, for the support of William 
A. Pingree, in the State lunatic hospital, thirty weeks, the 
said Pingree having no legal settlement in this Common- 
wealth, and that the governor draw a warrant therefor 
accordingly. [Approved by the Governor, March 31, 1852.] 

Resolve concerning Scott's System of Infantry Tactics. ChciV 27 

Resolved, That the adjutant-general be authorized to pro- Adjutant- 
cure a sufTicient number of copies of Harper & Brother's "^"^""^^^ ™^X „ 

, i ' procure copies 

edition of " The System of Infantry Tactics," compiled by sutftcient, and 
General Winfield Scott, and adopted by the War Depart- eopyTo eacT 
ment, in the year one thousand eight hundred and thirty- of certain 
five, and to furnish one copy to each general and field °*'^"*- 
officer, division inspector, brigade-major, the adjutant of 
each regiment and battalion, and the commander of each 
company ; and, also, to fin-nish the first and second 
volumes of said System to each subaltern officer in the 
volunteer militia of the Commonwealth, the volumes to be 
delivered up by each officer who may resign, for the use of 
his successor. [Approved by the Governor, April 1, 1852.] 



280 1 85 2. Chap. 28—30. 

Chap. 28 Resolve concerning a survey of the Surface Geology of the Common- 
" wealth. 

Governormay Resolvecl, That his excellency the governor be, and hereby 
engage rresi- jg authorized to arrange with President Edward Hitchcock, 

dent Hitch- ' o ' 

cock. of Amherst, to make a survey of the surface geology of the 

Commonwealth, provided the whole expense shall not 
exceed the sum of five hundred dollars. [Approved by the 
Governor, April 3, 1852.] 

Chap. 29 Resolve on the Petition of Chauncy Isbell. 

Authorized to Rcsolved, For reasons set forth in said petition, that 
sell certain Chauncy Isbcll, of Lcuox, in the county of Berkshire, be 

r6&l GStt3.t6 (16- . "^ . 

scriiied, on hereby licensed and empowered to convey, for the highest 
conditions, &c. price that can be obtained, and to give a good and valid 
title to the real estate in said petition described, so far as 
said title was in Nathan Isbell, at the time of his decease ; 
provided, that said Chauncy Isbell shall first give bonds to 
the judge of probate for the county of Berkshire, and his 
successors in office, in such sum, and with such sureties, as 
said judge of probate shall approve, conditioned faithfully 
to execute the power herein given, and to hold the proceeds 
in trust, for the use of the persons to whom said estate was 
by the will of said Nathan devised, in the same proportion 
as they would have taken said real estate by said will, and 
to give new sureties or bonds to the same effect, whenever 
said judge of probate, or his successors in office, shall order: 
provided, further, that the wTitten assent of Nancy Louisa 
Daneby and Harriet Abigail Daneby shall first have been 
obtained to said sale, or if they, or either of them, shall, at 
the time of such assent, be under the age of twenty-one 
years, then of their guardians lawfully appointed. [Ap- 
proved by the Governor, April 3, 1852.] 

Chap. 30 Resolve on the Petition of Charles Brigham. 

Authorized as Resolved, For reasons set forth in said petition, that 
trustee of Charles Brigham, of Grafton, as trustee of the Hassa- 

Grafton tribe • ^ ^x j. m r t j- i • 

of Indians to namisco or (jrraiton tribe oi Indians, or his successor in 
dispose of cer- gaid trust, is hereby authorized to execute and deliver the 
tate. ' release of certain real estate mentioned in the resolves of 
the General Court on petition of John Hecktor, and Harry 
Arnold, now deceased, passed the twenty-first day of May, 
in the year one thousand eight hundred and fifty-one, and 
such release shall have the same effect as if it had been 
executed and delivered by the said Hecktor and Arnold, 
agreeably to the provision contained in the first of said re- 
solves. [Approved by the Governor, April 3, 1852.] 



1852. Chap. 31—33. 281 

Resolve on the Petition of Alexander Houston. Chan. 31 

Resolved^ For reasons set forth in said petition, that the j„f|„e ^f p^Q. 
judge of probate for the county of Sufiblk be, and hereby bate of Suffolk 
is, authorized and empowered to appoint some suitable apno'i'nra'^per- 
person to sell and convey, on such terms and conditions as son to sell a 
the said judge of probate may direct, all the right or possi- p"eTanTspe- 
bility of dower of Anna Maria Delano, a minor, wife ofoified right of 
Frederick W. Delano, of Boston, in said county of Suffolk, °^^'^'^" 
in a certain parcel of real estate, situate on McLean and 
Allen streets, in said Boston, being the same described in 
the deed of James K. Mills to William H. Delano, recorded 
with Suffolk Deeds, lib. 355, fol. 201, and such convey- 
ance shall be as effectual to release and bar all said Anna's 
right of dower in said estate as if the same had been exe- 
cuted by her jointly with her husband after they had both 
attained full age. [Approved by the Governor^ April 3, 
1852.] 

Resolve on the Petition of John Jewett. Chap. 32 

Resolved, For reasons set forth in said petition, that Executor of 
John Jewett, one of the executors of the last will and testa- Xufts^author- 
ment of Aaron Tufts, late of Dudley, in the county of ized to execute 
Worcester, deceased, is hereby empowered to execute the ]ud^^e°of pro- 
license granted him by the court of probate for said county, bate. 
to sell all the real estate of the deceased for the purposes 
indicated in said license, and to make, execute, and deliver 
to the purchasers of said estate, sold under said license, and 
in pursuance thereof, a good and sufficient deed or deeds in 
fee simple thereof, whereby a good and valid title to all 
the estate of the deceased in the premises shall be vested 
and confirmed in such purchaser or purchasers, the said 
executor in all things conforming to the provisions of the 
law as to giving bonds, taking the oath, giving notice, 
making and delivering a deed or deeds in the manner and 
form usual in case of sales by executors or administrators, 
by license of court. [Approved by the Governor, April 3, 
1852.] 

Resolves concerning Ocean Postage. Chap. 33 

Resolved, That an essential reduction on present rates of Reduction re- 
ocean postage will remove a very serious restraint now commended. 
existing upon the commercial and social relations between 
the United States and the nations of Europe, and will 
therefore tend greatly to the advancement of civilization 
and commerce. 

Resolved, That his excellency the governor be required senj^copLs^to 
to forward copies of these resolves to our senators in Con- senators and 
36 • 



282 1852. Chap. 33—35. 

members of gress, with a request that they will use their efforts in the 
Congress. accomplishment of so desirable an end. [Approved by the 
Governor, April 12, 1852.] 

Chap. 34 Resolves providing for the reception of Governor Kossuth. 

Whereas, Governor Louis Kossvith has accepted the 
invitation of the Commonwealth to visit the capital during 
the present session of the Legislature, 
Committee of Resolved, That a committee consisting of the president 
arrangements, and sevcu members of the senate, and the speaker and fif- 
teen members of the house of representatives, be appointed, 
who are hereby authorized to make all suitable arrangements 
in the name and behalf of the State, for the proper recep- 
tion of Governor Kossuth. 
Provision for Resolved, That his excellency the governor, by and with 
pensY^"^ ^^" the advice of the council, be, and hereby is, authorized to 
draw his warrant on the treasury for such a sum as may be 
necessary for the purpose aforesaid. [Approved by the 
Governor, April 12, 1852.] 

Chap. 35 Resolve on the Petition of John J, Loring and Thomas W. Phillips, trus- 
tees of Emmeline Habicht. 

Authorized to Resolved, For reasons set forth in said petition, that 
real ettate^de- ^^^^ J* Loring, of Taunton, in the county of Bristol, and 
scribed. Thomas W. Phillips, of Boston, in the county of Suffolk, 

trustees of Emmeline Habicht, wife of Claudius Edward 
Habicht, of the city, county, and State of New York, under 
the will of her father, Mathew M. Hunt, late of said Boston, 
deceased, by appointment of the judge of probate for said 
county of Suffolk, or their successors in said trust, be, and 
they hereby are, authorized and empowered to sell at public 
or private sale, and to execute all necessary deeds and in- 
struments to convey in fee simple the following estates 
lying in said Boston, viz. : — The land with the dwelling- 
house and out-buildings thereon, situated on Belknap 
street, formerly owned by sai^ Mathew M. Hunt, and 
which he acquired by deed from Howard Bowker, bearing 
date June 22, 1814, recorded in Suffbllv Registry of Deeds, 
lib. 244, fol. 177, and the land with the dwelling-house and 
out-buildings thereon, situated on a court leading from 
Boylston street, said dwelling-house being the third house 
from said Boylston street, in the block of houses fronting 
easterly on said court, formerly owned by said Mathew M. 
Hunt, and which he acquired by a deed from the Massa- 
chusetts general hospital, bearing date April 23, 1827, 
recorded in said registry, lib. 317, fol. 69, which estates are 
Bond to judge particularly described in said petition : provided, that the 



1852. Chap. 35—38. 283 

said trustees shall first give bond to the judge of probate 
for said county of Suffolk, with surety or sureties satisfac- 
tory to said judge of probate that they will faithfully exe- 
cute the powers herein granted to them, and will hold, 
invest, and apply the proceeds of such sales to the same 
uses and ultimate disposal as is provided in said will of 
said Mathew M. Hunt, deceased, respecting the real estate 
herein above described. [Approved by the Governor, April 
13, 1852.] 

Resolve on the Petition of the Trustees of the Massachusetts Humane njiffn '^fi 

Society. 1 ' 

Resolved, That there be allowed and paid out of the ^2500 for re- 
treasury of the Commonwealth, to the trustees of the Mas- pairing life- 
sachusetts Humane Society, the sum of twenty-five hun- paratus.'^ ^^" 
dred dollars, for the purpose of repairing and preserving the 
life-boats now stationed on various parts of the sea-coast 
within this Commonwealth, and the life-saving apparatus 
attached thereto, and that a warrant be drawn therefor, and 
that said trustees shall report to the governor and council 
the manner in which said sum shall have been expended. 
[Approved by the Governor, April 13, 1852.] 

Resolve in favor of the Worcester West Agricultural Society. Chat) 37 

Resolved, That there be paid from the treasury of this such sums as 
Commonwealth, to the Worcester West Agricultural So- bounty as 
ciety, such sums as bounty as said society would be en- been had re- 
titled to receive agreeably to the provisions of the Revised ^ums been 
Statutes respecting agricultural societies, had its returns the time, &c. 
been made within the time prescribed by law. [Approved 
by the Governor, April 13, 1852.] 

Resolves concerning Minot's Ledge Light-House. Chan 38 

Resolved, That since the destruction by storm in April Erection of a 
of last year of the light-house on Minot's Ledge, near the Hght-house 
entrance of Boston harbor, the hazards of navigators enter- senators and 
ing said harbor have been greatly increased, and it is indis- representa- 
pensably necessary for the security of life and property that gVets ' request- 
a light-house be erected on or near said ledge in place of ^'^ t° procure 
the one destroyed, and our senators and representatives in ^pp'"°P"* ^'^^' 
Congress are hereby requested to use their efforts and influ- 
ence to obtain an appropriation for this object. 

Resolved, That his excellency the governor be requested 
to forward to each of our senators and representatives in 
Congress a copy of these resolves. [Approved by the Gov- 
ernor, April 13, 1852.] 



284 1852. Chap. 39—42. 

Chan. 39 Resolves concerning the Publication of the State Map. 

Secretary of Resolved, That the secretary of the Commonwealth be 
weluth'^author- ^"^ ^^^ hereby is authorized to contract with Henry F. 
ized to con- Walling for the publication of the State map, until other- 
F* Waiii^ncr ^o wise Ordered by the Legislature, on such terms and condi- 
pubiish State tions as shall require the said Walling to see that the 
^^^^- county commissioners of the several counties make such 

necessary corrections and alterations of the county plans 
as are now required by law, said coiTections to be trans- 
ferred to the plate in the same manner as heretofore, at the 
expense of the Commonwealth ; and that he cause copies 
of the said map to be printed as soon as may be after each 
correction of the plates, and properly prepared for sale as 
heretofore, and offered for sale at a price not exceeding five 
dollars per copy. 
Not required Resolved, That said Walling shall not be required to 
^"onweaith°"^' P^Y "^^^ ^^^ treasury of the Commonwealth any portion of 
nor entitled to the procccds of the Sale of said maps, and no compensation 
any pay for ghall be allowcd him for his services. \ Approved hii the 

services. L j -« "^ 

Governor, April 20, 1852.] 



Chap. 40 



Resolve on the Petition of Edward L. Teelc and Ellen C. Teele, his wife. 

Fvesolved^ For reasons set forth in the said petition that 
Authorized to ^|^g g^^-^ Edward L. Teele and Ellen C. Teele be hereby 

sell their real , . i n i i ^ c i x- 

estate, as if she authorized to Sell and convey the real estate oi the peti- 

wereof age. tioners described in said petition, of which they are seized, 

• in the right of the said Ellen C, in the same manner and 

with the same effect as if the said Ellen C. were of full 

age. [Approved by the Governor, April 20, 1852.] 

Resolve in favor of the Overseers of the Poor of G&y Head. 

Chap. 41 Pvesolved, That there be allowed and paid out of the 

^.^^ treasury of the Commonwealth, to William A. Vanderhoof 

for support of and Zaccheus Cooper, overseers of the poor of Gay Head, 

P^.j'* ^Y'^ . tic ^^^ ^^^™ °^ ^^^^ hundred and fifty dollars for the support 

Indian. and maintenance of Clara Shepherd, a lunatic belonging to 

the tribe of Indians of Gay Head, and that warrants be 

drawn accordingly. [Approved by the Governor, April 20, 

1852.] 

ChaD 42 Resolve on the Petition of Arad Dennison. 

525 annually, Resolved, For reasous set forth in said petition, that 
for three years, there be paid out of the treasury of the Commonwealth, to 
Arad Dennison, of Leyden, twenty-five dollars annually, for 
three years, from the eighteenth day of May, one thousand 
eight hundred and fifty-two, and that warrants be drawn 
accordingly. [Approved by the Governor, April 20, 1852.] 



1852. Chap. 43—46. 285 

Resolve concerning grant of Public Lands in aid of National Normal Chan. 43 

Schools. ^ 

Resolved, That Massachusetts deems it expedient and Appropriation 
just that Coniijress appropriate a portion of the public lands "* public lands 
to establish and endow a National Normal Agricultural Agricultural 
College, which shall be to the rural sciences what West College. 
Point academy is to the military, for the purpose of edu- 
cating teachers and professors for service in all the States 
of the Republic. 

Rcsolrcd, That his excellency the governor be requested Governor to 
to forward a copy of these resolutions to each of the sena- forward copies 

i ] J. i- • /-t r j-u cij. J- c to senators and 

tors and representatives in Congress, Irom the btate ot reprcsenta- 
Massachusetts, with a request that they be laid before that tives in Con- 
body. [Appj'oved by the Governor, April 20, 1852.] °'^^^^' 

Resolve to preserve Coupons which have been paid by Railroad Chn^i 11 

Corporations. ^najj. -t± 

Resolved, That the treasurer of the Commonwealth be Treasurer of 
authorized to receive of such railroad corporations in this *|^^ Cnmraon- 
Commonwealth as have bonds with coupons, signed by ceive coupons 
the treasurer of the Commonwealth, the coupons that have to be preserved 
been or may be paid by said corporations, and give his &c. 
receipt for the same, to be preserved as evidence of the 
payment of the interest on said bonds ; said railroad corpo- 
rations to deliver said coupons to the treasurer, in such 
convenient form for examination as he may require. [Ap- 
proved by the Governor, April 21, 1852.] 

Resolve on the Petition of William Finney. Chan 45 

Resolved, For reasons set forth in said petition, that 5475 to be 
there be allowed and paid out of the treasury of the Com- P^i<i- 
monwealth, to William Finney, of Charlestown, the sum 
of four hundred and seventy-five dollars, in full for all 
claims, for not proceeding with his improvements on his 
building and machinery, near the State prison, in said 
Charlestown, in pursuance of the suggestions of his excel- 
lency the governor, in the year one thousand eight hundred 
and fifty, and that a warrant be drawn therefor accordingly. 
[Approved by the Governor, April 22, 1852.] 

Resolve concerning the construction of a Ship Canal around the Falls of QhuV' 46 
Sault Saint Marie, in the State of Michigan. ^ ' 

Whereas, Lake Superior, surrounded by a coast of more Benefits and 
than fifteen hundred miles in extent, whose shores are importance of 
enriched with the most extensive and rich deposits of ^"'^^^ '^''°^^- 
copper and iron known in the world, whose waters aflbrd 



286 



1852.- 



■Chap. 46—47. 



Senators and 
representa- 
tives in Con- 
gress to use 
influence and 
obtain appro- 
priation. 



fisheries the most valuable for supplying the interior of the 
country, is still disconnected from the other great lakes by 
an impassable obstruction, caused by the Falls of Sault 
Saint Marie; and, whereas, a ship canal, three-fourths of a 
mile in length, around said falls, would open this inland 
sea, with all its wealth, to the shipping and commerce of 
the whole chain of lakes, connecting it by an uninterrupted 
water communication with the western termini of our 
railroads, facilitate the settlement of a new and extensive 
region, develope new resources of national wealth, and open 
new fields for private enterprise ; and, whereas, the land 
through which said canal would pass is a military reserve, 
beyond the reach of State or private control, and, in a mili- 
tary point of view, an important key to the greatest of 
American lakes, therefore. 

Resolved, By the senate and house of representatives of 
the Commonwealth of Massachusetts, that our senators 
and representatives in Congress be requested to use all 
honorable means in obtaining an appropriation, by the 
general government, to accomplish the object set forth in 
the foregoing preamble, and that the governor of this State 
be requested to forward copies of the foregoing preamble 
and this resolution to our senators and representatives in 
Congress. [Approved by the Governor, April 23, 1852.] 

Resolve on the Petition of the Town of West Roxbury, for leave to sell 
School Land. 

Authorized to Resolved, For reasons set forth in said petition, that the 
sell a.nd con- town of West Roxbury be authorized to sell and convey in 
sfmpie, a^^cer- ^^e simple, by public or private sale, whenever it shall judge 
tain tract of bcst, a Certain piece or parcel of real estate, devised for the 
on" conations ' benefit of the school now known as Primary School, No. 
specified. (6) six, in said town, by Sarah Corey, late of Roxbury, 
deceased, which said real estate is situated in said town of 
West Roxbury, containing about seven acres, more or less, 
and is located as follows, to wit : on the easterly side of a 
straight line, run from the south-westerly corner of Dun- 
dridge Tufts' house lot, formerly so called, but now the 
land of one Lyon, which is on the opposite side of the road, 
the said line continuing across the road and through the 
house lot and pasture formerly of said Sarah Corey, to 
Sparhawk's line, now or formerly, so that the southerly end 
shall be of the same width with the end next to the road, 
and to make and execute, either by a committee already 
chosen or hereafter to be chosen therefor, a good and suffi- 
cient deed or deeds thereof, in fee simple, discharged of all 
trusts, and without any obligation on the part of the pur- 
chaser or purchasers to see to the application of the pur- 



Chap. 47 



1852. Chap. 47—50. 287 

chase money, and the proceeds shall be held and invested, 
and the income and profits thereof disposed of to the same 
uses, and upon the same limitations and trusts, upon which 
the said real estate is now or would hereafter have been 
holden, anything in a resolve approved May fifteenth, one 
thousand eight hundred and fifty-one, entitled, a " Resolve 
on the petition of the Primary School District, No. (7) 
seven, in Roxbury," to the contrary notwithstanding. [Ap- 
proved by the Goveiiior, April 24, 1852.] 

Resolve on the Petition of Ann Fallen. Chap. 48 

Resolved, For reasons set forth in said petition, that the Common- 
Commonwealth release to Ann Fallen, of Pawtucket, in ^„^^nn pSen^ 
the county of Bristol, widow of Malachi Fallen, deceased, of Pawtucket,' 
all the ris-ht, title, and interest which it has acquired in the aiij»?ht to 
real estate situate in said Pawtucket, of which said Mala- estate. 
chi Fallen died seized or possessed ; and this resolve shall 
take eftect from and after its passage. [Approved by the 
Governor, April 27, 1852.] 

Resolve for the Pay of the Chaplains of the Legislature. Chdt) 49 

Resolved, That there be allowed and paid out of the ^looeach. 
treasury of this Commonwealth, to the chaplain of the 
senate and to the chaplain of the house of representatives, 
one hundred dollars each, for their services during the pre- 
sent session, and that warrants be drawn accordingly. [Ap- 
proved by the Governor, April 27, 1852.] 

Resolve on the Petition of the Selectmen and Parish Committee of (JJiClp. 50 

Marshpee. 

Resolved, For reasons set forth in said petition, that geoo to build 
there be allowed and paid out of the treasury of this Com- p^''*','?."^?^ 

^ . "^ clwcliinff tor 

monwealth to the commissioners and selectmen of the missionary, 
district of Marshpee for the time being, the sum of sLx hun- 
dred dollars, to be appropriated and expended under the 
direction of said commissioners and selectmen, for building 
a parsonage dwelling-house for the use and occupation of 
the missionary for the time being, who shall be engaged 
and employed by the parish of Marshpee, established by 
the act of Alarch twenty-first, eighteen hundred and forty, 
chapter sixty-five, entitled " An act concerning the district 
of Marshpee," and who shall hold and occupy said par- 
sonage-house for such time only as said parish shall by 
vote or agreement appoint, and said parsonage shall be 
built on land which shall belong in fee to said parish, and 
shall be held in the same manner as the public meeting- 



288 



1852. 



-Chap. 50—52. 



house ill said district is now held by the aforesaid act of 
March twenty-first, eighteen hundred and forty. And his 
excellency the governor is hereby requested to draw his 
warrant accordingly on the first day of June next. [Ap- 
proved by the Governor, April 27, 1852.] 



Many claims 
by citizens of 
Massachu- 
setts. 



Chw}. 51 Resolves concerninir the liquidation and payment of the claims of Ameri- 
-^ ' can Citizens for "French Spoliations" anterior to September 30, 1800. 

Whereas, Among the numerous class of American citi- 
zens who had just claims upon the government of France 
for spoliations upon their commerce prior to the 30th of 
September, 1800, and for which that government admitted 
its liability for adequate indemnities, are many citizens 
of this State ; that by the treaty of that date, the govern- 
ment of the United States, in consideration of the release 
of the " burdensome and onerous guarantees " stipulated in 
the treaties of alliance, and of " amity and commerce " of 
1778, fully exonerated and released the government of 
France from such liabilities and indemnities ; whereby the 
United States assumed upon themselves, and became le- 
gally and equitably obligated to their citizens for the 
payment thereof, agreeably to the constitutional provision 
that ^'■private property shall not be taken for public use with- 
out just compensation.^' Yet said claims have not been 
liquidated and satisfied: and, ivhereas, a bill for the liqui- 
dation of said indemnities is now pending before Congress ; 
therefore. 

Resolved, That in the opinion of this Legislature, the 
aforesaid claims, with interest, are justly due from, and 
demandable of, the government of the United States : re- 
solved, further, that our senators in Congress be, and are 
hereby instructed, and our representatives be requested, to 
use their best exertions to procure from the government as 
full and adequate indemnities therefor as though said 
claims still existed against the government of France, and 
to aid by all proper means the passage of any bill for the 
speedy and equitable liquidation thereof. 

Resolved, That his excellency the governor transmit 
copies of these resolutions to each of our senators and 
representatives, and request them to lay the same before 
their respective houses. [Approved by the Governor, April 
28, 1852.] 



U. S. released 
FiMiicc from 
all liabilities, 
and tticreby 
assumed and 
became obli- 
gated to pay 
bill for liquit'a- 
tion now pend- 
ing. 



Claims with 
interest now 
due from U. S. 

Senators and 
representa- 
tives in Con- 
gress exert 
themselves to 
procure ad- 
justment, &c. 



Governor to 
transmit 
copies, &c. 



Chap. 52 



Resolve on the Petition of Willard Broad, executor. 



Authorized to Rcsolvcd, For rcasons in the said petition set forth, that 
sell and con- Willard Broad, of Barre, be, and he hereby is, authorized and 

\'cv in IPC siin- • ^ ^ 

pie,' certain cmpowcred to Sell, either at public or private sale, for cash 



1852. Chap. 52—54. 289 

or on credit, and to convey in fee simple, by a good and real estate de- 
sutiicient deed, discharged from all trusts and liability for ^<=*'»'^^"i- 
the application of the purchase money, the premises de- 
scribed in the said petition consisting of a piece of land 
with the buildings thereon, situated in Barre, in the county 
of Worcester, and described as follows, viz.: — Beginning at 
the north-westerly corner of the county road, leading from 
said Barre to Petersham, at the corner of Ezra Baker's 
house-lot ; thence by said Baker's lot running southerly to 
land of the heirs of Abel Rice ; thence easterly by land of 
said heirs to land of Mehitable Caldwell ; thence northerly 
by land of said Caldwell to said road ; thence westerly on 
said road to the place of beginning : provided, that the said 
Willard Broad shall first give bond, with sureties, to the 
satisfaction of the judge of probate for the county of Wor- 
cester, to apply and account for the consideration to be 
received by him for said estate, agreeably to law. [Ap- 
proved bij the Governor, May 3, 1852.] 

Resolve on the Petition of George G. Parker. ChttT). 53 

Resolved, For reasons set forth in said petition, that Authorized to 
George G. Parker, guardian of John H. Billings, a spend- mortgage real 
thrift, be hereby authorized to mortgage the real estate of ward, 
his said ward for a sum of money not exceeding six hun- 
dred dollars, to be applied to the payment of the debts of 
his ward aforesaid. [Approved by the Governor, May 3, 
1852.] 

Resolve on the Petition of Drury Fairbanks and others. Chan. 54 

Resolved, That a sum not exceeding five hundred dollars $om toward 
in all, be, and the same is hereby, appropriated towards repairing or re- 
defraying the expense of repairing or rebuilding, in a sub- monument, 
stantial manner, the monument in the town of Sudbury, ^^•■> specified, 
erected by President Wadsworth, of Harvard College, 
about the year one thousand seven hundred and thirty, to 
the memory of Captain Samuel Wadsworth, and a large 
number of other officers and soldiers in the service of the 
colony, who were slain upon the spot marked by the mon- 
ument, on the eighteenth day of April one thousand six 
hundred and seventy-six, in the defence of that town 
against the Indians, — the said sum to be expended under 
the direction of his excellency the governor, in connection 
with a committee of said town of Sudbury, and that the 
governor is hereby authorized to draw his warrant accord- 
ingly. [Approved by the Governor, May 5, 1852.] 
37 



290 1852. Chap. 55—57. 

Chap. 55 Resolve for the Payment of the Contingent Expenses of the Council, 
■'^ Legislature, and various offices in the State House, for the Year One 

Thousand Eight Hundred and Fifty-two. 

Not exceeding Resolved, That there be paid out of the treasury of the 
^2000 for con- Commonwealth, to the sersreant-at-arms, a sum not exceed- 

tjnffent ex- ^ o ^ ' 

penses, &c. ing two thousand dollars, to enable him to defray certain 
contingent expenses for the General Court and the various 
offices in the State house during the present year ; and 
also to pay any sum not covered by the appropriations of 
the year one thousand eight hundred and fifty-one, and 
that warrants be drawn accordingly. [Approved by the 
Governor, May 5, 1852.] 

ChciJ). 5G Resolve authorizing the Treasurer of the Commonwealth to collect a Claim 
-* * due from the State of Rhode Island. 

Treasurer to Rcsolved, That the treasurer of this Commonwealth be, 
Rh^^d* 1**1 d ^^^^ ^^^ hereby is, authorized to collect of the State of Rhode 
principal and Island the amouut that may be due for principal and inter- 
interestdueon ggj; ypou a certificate issucd by said State, and dated June 

& certiiic3.xe ot ' •/ ' 

June 18, 1798. 18, 1798, and numbered 229, signed by Henry Sherburne, 
treasurer of Rhode Island, and payable to Peleg Coffin, as 
treasurer of Massachusetts, for the sum of one hundred and 
twenty-five dollars and eighty-one cents, with interest at 
four per cent per annum ; and in case the certificate can- 
not be found by the treasurer of this Commonwealth, he is 
hereby authorized to give his bond as treasurer of the Com- 
monwealth, guaranteeing to hold the said State of Rhode 
Island harmless for or on account of any future claim for 
the payment of said certificate, and in case the said State 
of Rhode Island shall neglect or refuse to pay the amount 
of the claim as above specified, then the treasurer of this 
Commonwealth is hereby authorized and directed to take 
such legal steps as will enable him to prosecute and collect 
the same. [Approved by the Governor, May 7, 1852.] 

Chaj). 57 Resolve for the Pay of Clerks of the Legislature. 

sio per day Rcsolved, That there be allowed and paid, out of the trea- 

each to clerk sury of the Commonwealth, to the clerk of the senate, and to 
clerk' of house, f^e clerk of the house of representatives, each the sum of ten 
and $Q per day doUars a day, and to the assistant clerk of the senate, and 
clerks'^^ ^"^ ^^^ assistant clerk of the house of representatives, each the 

sum of six dollars a day for each and every day they have 
gi50 each to been or may be employed in that capacity during the pre- 
and^ouse^or^ ^^"^^ session of the Legislature ; and that there be further 
copying jour- paid to the clerk of the senate, and the clerk of the house 
nals. p£ representatives, the sum of one hundred and fifty dollars 

each for copying the journals for the State library as 



1852. Chap. 57—58. 291 

required by the orders of the two houses, and that warrants 
be (h-awn accordingly. [Approved by the Governor, May 7, 
185:3.] 

Resolve for the Payment of the State Pauper Accounts in the Auditor's (JJian 58 

Office. ^ " 

Resolved, That the sum of two thousand three hundred 52372.88 in 
and seventy-two dollars and eighty-three cents be paid out full payment 
of the treasury of this Commonwealth, in full payment to one towns^as 
the sixty-one towns, hereafter named, of their several pau- specified here- 
per accounts now on file in the auditor's office, and that 
warrants be drawn accordingly, viz. : to Ashfield, twenty- 
eight dollars and twenty-six cents; Oxford, eighty -three 
dollars and eighty-five cents ; Halifax, two dollars and 
eighty cents ; Bridgewater, eighteen dollars and nineteen 
cents ; Andover, two hundred and ninety-three dollars and 
sixty-nine cents ; Ashland, six dollars and sixty cents ; Lex- 
ington, one dollar and fifty-four cents : Maiden, forty -three 
dollars ; Westford, ten dollars and fifteen cents ; Dudley, 
five dollars and eleven cents; Leominster, seventeen dollars 
and four cents; Shrewsbury, twenty-six dollars and seventy- 
one cents ; West Boylston, one hundred and five dollars 
and eleven cents ; Palmer, one hundred and sixty-one dol- 
lars and seventy-three cents ; Monson, fourteen dollars and 
sLxty cents ; Boxford, one dollar and twenty-six cents ; 
Bradford, eight dollars and ninety-nine cents ; Wenham, 
six dollars and eighty-six cents ; Newton, one hundred and 
eighteen dollars and fifty-nine cents ; Townsend, nineteen 
dollars and eighty-four cents ; Sudbury, fourteen dollars and 
eighteen cents ; West Cambridge, three dollars and fifty- 
five cents ; Blackstone, eighty-eight dollars and eighty-two 
cents ; Douglas, one dollar and sixty-one cents ; Prescott, 
sixteen dollars and twenty-seven cents; Williamsburg, two 
dollars and ninety-four cents ; Russell, twenty-six dollars 
and forty-sLx cents ; Erving, seven dollars and seven cents ; 
Heath, ten dollars seventy-eight cents ; Leverett, twenty- 
three dollars and ninety-two cents ; Rowe, seven dollars 
and forty-five cents ; Wendell, ten dollars and sixty-four 
cents ; Lanesborough, one hundred and eighteen dollars 
and forty-seven cents ; Lee, fifty dollars and thirty cents ; 
Otis, sixty-five dollars and seventy-four cents ; Sheffield, 
twenty-five dollars and fifty-five cents ; Needham, sixty- 
eight dollars and eleven cents ; Stoughton, sixteen dollars 
and seventy-seven cents ; Walpole, twenty-four dollars and 
seventy-six cents ; Dartmouth, thirty-five dollars and thirty- 
five cents ; Dighton, thirty-seven dollars and forty-nine 
cents; Easton, fourteen dollars and fifty-six cents; Norton, 



292 



1852. 



-Chap. 58—61. 



six dollars seventy-two cents ; Somerset, twenty-five dollars 
and sixty-two cents ; Westport, fifty-one dollars and ten 
cents ; Abington, twenty-four dollars and fourteen cents ; 
Hingham, thirty-four dollars and sixty-one cents ; Roches- 
ter, one hundred and thirty-eight dollars and seventy-two 
cents ; Orleans, twenty-five dollars and fifty -five cents ; 
Yarmouth, twenty-five dollars and fifty-five cents ; Edgar- 
town, thirteen dollars and seventy-five cents ; Hopkinton, 
six dollars and two cents ; Millbury, thirty-six dollars and 
twenty -two cents ; Colerain, forty dollars and fifteen cents ; 
Lenox, twenty-seven dollars and twenty cents ; Natick, 
forty -four dollars and seventeen cents ; Northborough, forty- 
two dollars and ninety-eight cents ; Amherst, sixty-six 
dollars and seventy-four cents ; Southwick, thirteen dollars 
and forty-four cents ; Cummington, one hundred dollars. 
[App7-oved by the Governor, May 7, 1852.] 



Chap. 59 

Samuel War- 
ner, Jr., dis- 
charged from 
payment of 
proceeds of 
land sold in 
Maine, 1851. 



Resolve on the Accounts of the Land Agent. 

Resolved, That Samuel Warner, Junior, land agent of 
the Commonwealth for selling lands in the State of Maine, 
be, and hereby is, discharged from the payment of the sum 
of seven thousand eight hundred and seventy-five dollars 
and fifty-three cents, received by him on account of said 
lands in the year one thousand eight hundred and fifty-one, 
as specified in his account rendered on the thirty-first day 
of December, of the same year. [Approved by the Gov- 
ernor, May 7, 1852.1 



Chap. 60 

^122 allowed. 



Resolve in favor of Anan Richardson and others. 

Resolved, That there be allowed and paid out of the 
treasury of the Commonwealth, to Anan Richardson, thirty- 
two dollars ; to John Robbins, thirty-two dollars ; to Moses 
Knap, twenty-nine dollars ; and to Gardner Chase, twenty- 
nine dollars ; the whole amounting to one hundred and 
twenty-two dollars, being in full for their services and 
expenses in pursuing and arresting Seba Carpenter, a fugi- 
tive from justice, and that warrants be drawn accordingly. 
[Approved by the Governor, May 1th, 1852.] 



Chap. 61 



Resolves concerning the disputed boundary between the States of Rhode 
Island and Massachusetts. 



Governor may Rcsolved, That his excellency the governor, by and with 
appoint Com- the advicc and consent of the council, be, and he is hereby, 
missioner to authorized to appoint a commissioner to remove the stone 

remove monu- ii i- r- -j-i-iii 

ment between moiiumeuts, erected by authority of resolves of April 11th, 
Mass.andR. I ig^g^ by Commissioners appointed under resolves of Feb- 



1852. Chap. 61—63. 293 

ruary 27th, 1844, to act in conjunction with commissioners 
on the part of the State of Rhode Island, in ascertaining, or 
establishing, the true boundary line between the States of 
Rhode Island and Massachusetts. 

Resolved, That his excellency the governor be, and he is May employ 
hereby, authorized, at his discretion, to employ counsel for fend^suits. ^ 
the defence of any suits which may be brought under the 
laws of Rhode Island, against any citizen of this Common- 
wealth, for any acts, not in violation of the laws of this 
Commonwealth, committed within the limits of the territory 
in dispute between the States of Rhode Island and Mas- 
sachusetts, to the end that such suits may be carried to the 
supreme court of the United States for adjudication, and 
to the end, also, that the ancient rights and privileges of the 
citizens of this Commonwealth may be preserved and main- 
tained. 

Resolved, That the governor be authorized to draw his 
warrant on the treasiu"er for the expenses that may be 
incurred by the execution of these resolves. ^Approved by 
the Governor, May 13, 1852.] 

Resolve in favor of Jose Monteiro d' Almeida and Sister. Chap. 62 

Resolved, That there be paid, out of the treasury of the ^gge.sa. 
Commonwealth, to Jose Monteiro d' Almeida, and to Maria 
Josefa Almeida Santana, heirs at law of William Almeida, 
an alien, late of Salem, in the county of Essex, mariner, 
deceased, or to Joseph Rider, of said Salem, their attorney, ^ 

the sum of ninety-sLx dollars and eighty-five cents, being 
the amount paid the State treasurer by Thomas Needham, 
Esq., public administrator, and administrator of the estate 
of said William Almeida. [Approved by the Governor, May 
13, 1852.] 

Resolve concerning the State Normal School at West Newton. Ghat) 63 

Resolved, That the sum of six thousand dollars be, and ^ggoo from 
the same is hereby, appropriated from the proceeds of the proceeds of 
public lands, or the school fund, according to the provisions purposes%e-^ 
of the act of one thousand eight hundred and forty-six, cified herein. 
chapter 219, to defray the expenses of providing a more 
commodious site and building, and the necessary appurte- 
nances and apparatus, for the accommodation of the State 
Normal School now established at West Newton, and that 
the same be expended for that purpose, under the direction 
of the board of education, upon whose requisition the gov- 
ernor is hereby authorized to draw his warrant upon the 
treasurer, to the amount aforesaid. 



294 



1852. 



-Chap. 63—66. 



Resolved^ That the board of education be authorized to 
purchase and receive grants of land in the name of the 
Commonwealth, and in suitable quantity, for the site of 
said building, and the accommodation of said school, and 
that before selecting said site, they be directed to receive 
propositions from towns or individuals in aid of the objects 
of these resolves, and afterwards to make such selection as 
will, in their opinion, best subserve the interests and accom- 
modate the wants of said school; but the said board of 
education shall limit the time for receiving such proposi- 
tions, to a term not exceeding six months from the time of 
the passage of this resolve. [Approved by the Governor, 
May 13, 1852.] 



Chap. 64 Resolve to authorize the Secretary of the Commonwealth to prepare and 
publish Statistics, showing the progress of the Commonwealth. 

absti^act'ie" Resolved, That the secretary of the Commonwealth be 

turns of cen- authorized to prepare and present, in a printed form, to the 
6US. &c. &c. i^ext Legislature, an abstract of the returns under the 
national census of the year one thousand eight hundred 
and fifty, combined with such other facts as he may deem 
expedient, to illustrate the progress in population, industry, 
and wealth, of the several cities and towns of this Com- 
monwealth. [Approved by the Governor, May 13, 1852.] 



Chap. 65 

^8200 per an- 
num for three 
years. 



Resolve concerning the State Normal Schools. 

Resolved, That the sum of eight thousand two hundred 
dollars annually, for three years from the first day of January 
next, be appropriated to the support of the State Normal 
Schools, under the direction of the board of education ; the 
said amount to be deducted from the proceeds of the public 
lands, or the school fund, according to the provisions of the 
act of the year one thousand eight hundred and forty-six, 
chapter 219, entitled, " An act to designate the fund for the 
payment of the salary of the land agent, and of appropria- 
tions for educational purposes," and that his excellency the 
governor be authorized to draw his warrants accordingly. 
[Approved by the Governor, May 13, 1852.] 



Chap. 66 Resolve on the Petition of James Deblois and Wife. 

Authorized to Resolved, For reasons set forth in the said petition, that 
^'"hT'^'V^' J^™^^ Deblois, administrator, de bonis non, with the will 
tate. annexed, of Thomas Robbins, late of Charlestown, de- 

ceased, is hereby authorized and empowered to sell at 
public or at private sale, the house and land in Charles- 
town, on Putnam and Common streets, the income of 



1852. Chap. 66—69. 295 

which was given by said will, for life, to Tabitha, grand- 
daughter of the said deceased, and now wife of the said 
James, and to convey the same by deed duly executed and 
acknowledged, and invest the proceeds of such sale in other 
real estate, that the same shall descend in the manner de- 
signated in said will : provided, that the said Deblois shall 
first give bonds to the judge of probate for the county of 
Middlesex, that he will faithfully execute the power hereby 
granted him. [Approved by the Governor, May 13, 1852.] 

Resolve in relation to the Indexes of the General Court Records. Chop. 67 

Resolved, That six hundred copies of the indexes of the six hundred 
General Court records, up to the time of the adoption of ^"P'f^^? 

• • • -I f T -^ • • 1 printed for 

the constitution, be printed for distribution m the manner distribution. 
hereafter to be provided ; and the said printing be done 
under the direction and supervision of the present clerk of 
the senate, who shall receive such compensation for said 
service as the governor and council shall determine. [Ap~ 
proved by the Governor, May 13, 1852.] 

Resolve on the Petition of the Town of Raynham. Ckcif). 68 

Resolved, For reasons set forth in said petition, that So much to be 
there be reserved out of the present year's income of the ^®^^''^'?'^^ ^'J°"* 
school fund, for the benefit of the town of Raynham, a sum fund for bene- 
equal to what that town would have received from the in- ^ °f ^"^"^ °^ 
come of the same for the last year, if the report of the would have 
school committee of the said town had been received at the ^^^^ received 
office of the secretary of the Commonwealth on or before 
the thirtieth of April, one thousand eight hundred and fifty- 
one, and that the same, so reserved, be added to the share, 
if any, to which the said town of Raynham may be entitled 
from the present year's income of the said fund. [Approved 
by the Governor, May 13, 1852.] 

Resolve concerning tlie State Prison. Chnn 69 

Resolved, That the sum of three thousand dollars be, ^3000 allowed 
and hereby is, appropriated, to be expended under the ^°\ completing 

... •' ' r_i _ r • 4. 1 X • X 1 ^1 enlargement 

direction ot commissioners appointed to superintend the and providing 
enlargement of the State prison, to defray the expenses of apparatus. 
comj)leting said enlargement and providing such apparatus 
as may be necessary for the accommodation of said prison ; ffj.^oo to be 
and that the further sum of seven thousand fi.ve hundred expended un- 
dollars be appropriated, to be expended under the direction i,fspeao'rs!* 
of the board of inspectors, and that the governor be author- 
ized to draw his warrant accordingly. [Approved by the 
Governor, May 14, 1852.] 



296 1852. Chap. 70—73. 

Chap. 70 Resolve in favor of an Indian Pauper, of Christiantown. 

Resolved^ For reasons set forth in the petition, that there 
be allowed and paid out of the treasury of the Common- 
wealth, to the guardian of the Gay Head Indians, for the 
support of an Indian child, of Christiantown, the sum of 
550 annually fifty dollars annually, for the term of two years, com- 
wojeaia. j^pj^cing on the last day of May, one thousand eight 
hundred and fifty-two, and that a warrant be drawn there- 
for accordingly. [Approved by the Governor, May 14, 
1852.] 

Chw). 7 1 Resolve to compensate the Land Commissioners for services and expenses 
-^ ' incurred, 

5100 to be paid Resolved, That there be paid out of the treasury of the 
fand comn^is- Commonwealth, to the land commissioners, the sum of one 
sioners for the hundred dollars each for each of the years of one thousand 
iss'If ^" eight hundred and fifty-one and one thousand eight hun- 
dred and fifty-two, which shall be in full for services ren- 
dered and expenses incurred during said years, under the 
act of one thousand eight hundred and fifty, chapter 307. 
[Approved by the Governor, May 14, 1852.] 

Chap. 72 Resolve for the Payment of the Sanitary Commissioners. 

To Lemuel Rcsolved, That there be allowed and paid out of the 

chairman' treasury of the Commonwealth, to Lemuel Shattuck, chair- 
5694.13. man of the commissioners appointed under the resolve 

entitled a " Resolve relating to a Sanitary Survey of the 
State," passed in the year one thousand eight hundred and 
forty-nine, the sum of six hundred and ninety-four dollars 
and thirteen cents, in full for the balance of their accounts, 
and that the governor be authorized to draw his warrant 
accordingly. [Approved by the Governor, May 18, 1852.] 

Chap. 73 Resolves concerning the Massachusetts Militia Claim. 

Claim for miii- Rcsolved, That the claim of Massachusetts against the 
tary services general government for services, disbursements, and ex- 
declared to be penditures during the late war with Great Britain, is just 
just, and un- i(^ i^^y ai^^j equity ; that the long refusal on the part of the 
held. federal government to pay the same is a denial of justice 

to the Commonwealth and a violation of duty, tending to 
impair that generous confidence which ought to exist on 
the part of the people of the States in the national coun- 
cils. 
Governor au- Resolved, That the governor, by and with the advice 
point an ageru" ^ud consent of the council, is hereby authorized and 



1852. Chap. 73—75. 297 

empowered to appoint an agent on the part of the Com- 
monwealth to prosecute and, if possible, to enforce the 
recognition and payment of the full amount of said claim ; 
and said agent shall be paid for his services from the trea- 
sury of the Commonwealth, on a warrant which the Gov- 
ernor is hereby authorized and directed to draw on the 
treasurer therefor. 

Resolved, That the members of Congress from this Com- 
monwealth be, and are, hereby requested to render such Members of 
assistance as may be in their power, to said agent, in the ques^ed^Uald, 
prosecution of said claim. &c- 

Resolved, That a copy of the foregoing resolves be 
transmitted by the secretary of the Commonwealth to each 
of our senators and representatives in Congress. [Approved 
by the Governor, May 18, 1852.] 

Resolve on the Petition of Franklin Hall. Chap. 74 

Resolved, For reasons set forth in said petition, that certain acts in 
Franklin Hall, of Cambridge, in the county of Middlesex, probate au- 
administrator of the estate of Dennis Toomey, late of Jg^f^f"*^ 
Charlestown, in said county, deceased, be allowed and au- 
thorized to make, file, and have recorded in the ofRce of the 
probate court for said county, his affidavit, together with a 
copy of the notice of his appointment as administrator 
aforesaid ; also, that he be allowed and authorized to make, 
file, and have recorded in the office of the said probate 
court, his affidavit, together with a copy of his notice of 
sale, in pursuance of a license of said court, by him, as 
such administrator of certain real estate of said Dennis 
Toomey, situated in said Charlestown, on the eleventh day 
of October, in the year one thousand eight hundred and 
forty-nine ; and that the same shall be as effectual to per- 
petuate the evidence, and shall be admitted as such, of the 
time, place, and manner of giving such notices, as if the 
same had been made by him within one year after the 
date of the administration bond, and of the sale aforesaid, 
respectively : provided, that said affidavits and copies be 
so filed within six months from the passage of this resolve. 
[Approved by the Governor, May 18, 1852.] 

Resolve for the Publication of the Reports of Contested Elections. Chop. 75 

Resolved, That L. S. Cushing, C. W. Storey, and Lewis 
Josselyn be, and they hereby are appointed commissioners ^°™™'^o|°ted 
to prepare and publish a new edition of the reports of con- 
tested elections, prepared and published by said Cushing, 
in pursuance of an order of the house of representatives of 
March first, one thousand eight hundred and thirty-four, 
38 



298 



1852.- 



-Chap. 75—77. 



to subject. 



including therein reports of all the cases which have oc- 
curred since the time of said publication. 
. Resolved., That the said commissioners include in, or 

opinions of s. append to, the publication hereby authorized, all opinions 
tn Ri'iKiplMr^''^^ given by the supreme judicial court, at the request of 
either branch of the Legislature, relating to the several 
subjects contained in the same, and also a digest of all the 
decisions of the supreme judicial court concerning the 
qualifications of voters and the duties of town officers in 
presiding at elections. 

Resolved, That fifteen hundred copies of the publication 
hereby authorized be printed by the printers to the State, 
and be distributed in like manner with other books printed 
by order of the Legislature. \^Approved by the Governor., 
May 18, 1852.1 



1500 copies. 



Chap. 



f-ia Resolve granting Aid for the Suppression of Counterfeiting Bank Bills 

and Coins. 



bills. 



Resolved, That a sum not exceeding two thousand five 
ly for five yrs. hundred dollars be granted and paid, annually, for the 
*'o'\PF^^s"*'"^s period of five years after the passage of this resolve, out of 
counterfeit ° the treasury of the Commonwealth, to any association of 
officers of the banks in this Commonwealth, for the pur- 
pose of the prevention and detection of the crimes of mak- 
ing or tendering in payment as true, comiterfeit bank bills 
or counterfeit gold and silver coins, and that the governor 
be authorized to draw his warrant accordingly from time 
to time, for such sums not exceeding two thousand five 
hundred dollars in each year, as shall be equal to half of the 
sum which such association shall certify and prove to the 
governor to have been raised and judiciously expended by 
such association for the purposes above specified. [Ap- 
proved by the Governor, May 18, 1852.] 



;g5,.500 for in 
cidental ex- 
penses. 



Chap. 77 Resolve for the payment of incidental expenses of the State House. 

Resolved, That the sum of five thousand five hundred 
dollars be, and hereby is, appropriated to defray the ex- 
pense of incidental repairs upon the State House, and for 
the purchase of necessary articles of furniture during the 
present year for the use of the Legislature and the various 
offices connected therewith, including a burglar-proof safe 
and locks for the treasury vault not to exceed the sum of 
five hundred dollars ; and that the same be expended under 
the direction of the sergeant-at-arms. [Ajjproved by the 

geant-at-arms. Q^^^^^^^or, May 18, 1852.] 



Under direc- 
tion of ser- 



1852. Chap. 78—79. 299 

Resolve concerning the Quartermaster-General's Department. ChciD. 78 

Resolved, That the sum of four thousand three hundred 
and fifty dollars be, and the same is hereby appropriated, to 
defray the expenses of the Quartermaster- General's de- 
partment for the current year, and that warrants be drawn 
accordingly. [Approved by the Governor, May 18, 1852.] 

Resolves concerning Boston Harbor and the Back Bay. Chan. 79 

Resolved, That the governor, with the advice of the Three commis- 
council, be authorized to appoint three commissioners to t|°"^^V*° ^^*' 
act for and in behalf of the Commonwealth, with full pow- rights and in- 
ers, for the following purposes : — latfve d°aims of 

First. To determine and settle, by agreement, arbitra- Common 
tion, or process of law, the relative rights and interests of the pa^r^til^s ^o" andl 
Commonwealth and all other parties, claimants, in the lands in Back Bay. 
and flats below high-water-mark, in the Back Bay, and 
under the mill-dam, and two hundred feet north thereof (to 
the harbor line established by law) ; to secure the interests 
of the Commonwealth therein against encroachments, or 
loss by adverse possession ; and with the approbation of 
the governor and council, to sell and release, by deeds to 
be duly executed and delivered, in the name and behalf of 
the Commonwealth, any or all of its rights and interests in 
the said lands and flats, or any part thereof, to such parties 
and for such considerations, in money, or land, or any cor- 
porate franchise or other rights, to be released to the 
Commonwealth, or in public improvements, as they shall 
deem just and conducive to the public welfare, as herein 
provided. 

Second. To devise or adopt a plan for changing the use to devise plan 
of the said lands and flats, or any part thereof, from mill ^^ ^l^i^^s "P- 
purposes to land purposes, and for filling up and improving 
the same, for building lots, with clean gravel or hard earth 
as high as the mill-dam, securing perfect drainage and 
spacious streets, squares, and ponds, if deemed expedient 
for public use and ornament, without toll, and with a 
strong, smooth sea-wall having ample sluicew^ays therein 
for the flow of the tide into and out of the full basin and 
any ponds which may be left in the empty basin, for pre- 
serving undiminished the scouring force of the water issuing 
from said basins, and increasing the same as much as pos- 
sible for the benefit of Boston harbor. 

Resolved, That all persons and corporations, owning or ^^u claimants 
claiminsr the said lands and flats, or any part thereof, or authorized to 

• 1 i_ i-j^\ • , , • / ,1 1 u make acree- 

any right, title, or interest in or to the same, are hereby mgnt with 
authorized to make any agreements with the said commis- commission- 
sioners for the purposes aforesaid, and in pursuance thereof 



300 1852. Chap. 79—81. 

to change the use of the said lands or flats, or any part 
thereof, from mill purposes to land purposes, and to fill up 
and improve the same according to said plan, and not 
otherwise, and the same to hold and dispose of in fee, when 
released by the Commonwealth, and in consideration of 
such release or agreements to surrender any franchise, or 
flowage, or toll, or other rights whatsoever, conformably to 
such agreements ; subject, however, to the rights of others 
not assenting thereto. 
Commission- Resolved., That the said commissioners shall appoint a 
time°and'pluce ^^^^ ^^^ place for the hearing of all parties interested in 
for hearing all the premises, on all matters preliminary to the execution of 
r^pon their their commissions, and shall give at least thirty days' notice 
acts to gov- thereof, by publication in three or more newspapers printed 
g«tany new^' i^ the city of Bostou ; and they shall report to the governor 
law,'&c., annually, or oftener, if required, during the continuance of 

their commission, their acts and proceedings in the pre- 
mises ; and it shall be their duty to suggest for consideration 
any new enactments of law which they may think needful 
for the purpose of carrying into full effect any agreements 
made or contemplated by them, and of securing the public 
objects aforesaid in the future improvement of said land 
and fiats, conformably to said plan ; and they shall keep 
count of ser- an account of all their actual services and of all expenses 
vices and ex- attending the execution of said commission, to be duly 
audited, and allowed by the governor and council, and paid 
by warrants upon the treasury duly drawn for that purpose 
by the governor, who is hereby authorized to draw the 
same. [Approved by the Governor^ May 20, 1852.] 

Chcip. 80 Resolve in favor of Increase N. Emerton. 

SoO per annum Resolvsd, That there be allowed and paid out of the 
for three rears treasury of the Commonwealth, to increase N. Emerton, of 
ton, for injury Lynn, the sum of fifty dollars a year for three years, for 
on military injuries sustained by him while in the performance of mili- 
tary duty ; the said sum to be paid annually, on and after 
the first day of May, in the year one thousand eight hun- 
dred and fifty-tsvo, and that warrants be drawn accordingly. 
[Approved by the Governor, May 20, 1852.] 

Char) 81 Resolve in favor of Moses Newell. 

S28 balance, RcsoIvcd, That there be paid out of the treasury of the 

for services in Commonwealth, to Moses Newell, of Essex county, the 

sena e 3 . ^^^ ^^ tsventy-eight dollars, being the balance due him for 

services rendered in the senate in the year one thousand 

eight hundred and fifty-one, and that a warrant be drawn 

accordingly. [Approved by the Governor, May 20, 1852.] 



1852. Chap. 82—86. 301 

Resolve on the Petition of Baring Brothers and Company. Chan. 82 

Resolved, For reasons set forth in the said petition, that Treasurer to 
the treasurer of the Commonwealth be authorized to pay P^y ^^^^ or 
Messrs. Baring Brothers and Company, of London, or their of interest due 
agent, the amount of interest due on the first day of Janu- Jan. i,i8-50,on 
ary, in the year one thousand eight hundred and fifty-two, of scrip, on 
on one certificate of scrip issued by the State of INIassachu- certain condi- 
setts for the benefit of the Eastern Raih-oad, numbered fif- 
teen, for five thousand dollars; the interest warrant of 
which certificate is supposed to be lost ; whenever the said 
Baring Brothers and Company, or their agent, shall furnish 
said treasurer with a satisfactory bond of indemnity to save 
the Commonwealth harmless firom any future claim for the 
interest due on said certificate of scrip on said first day of 
January. [Approved by the Governor, May 20, 1852.] 

Resolve concerning the Digest of the Militia Laws. Chan 83 

Resolved, That the sum of five hundred dollars be paid 5500 to adju- 
to the adjutant-general for the digest of the existing laws tant-generai 
of the Commonwealth in relation to the militia, recently 
prepared by virtue of the resolve of March 7, 1845, and 
that a warrant be drawn accordingly. [Apjproved by the 
Governor, May 20, 1852.] 

Resolve in favor of Leander Crosby. Chan 84 

Resolved, That there be allowed and paid, out of the 
treasury of the Commonwealth, to Leander Crosby, of ^/Jf.'k^Pf °'" 
Orleans, the sum of one hundred and ten dollars, in full for during session. 
expenses of sickness during the present session of the Le- 
gislature, and that a warrant be drawn accordingly. [Ap- 
proved by the Governor, May 20, 1852.] 

Resolve concerning the Punkapoag Indians. Chan 8t 

Resolved, That his excellency the Governor, with the 
advice and consent of the council, be, and he is hereby au- ap°po^iSi°guar- 
thorized to appoint a guardian of the Punkapoag Indians, dian. 
to fill the vacancy occasioned by the resignation of Thomas 
French, to hold office during the pleasure of the governor 
and council, and to receive such compensation for his ser- 
vices as they shall determine. [Approved by the Governor, 
May 20, 18o2.] 

Resolve in relation to the Old Colony Records. Chan 86 

Resolved, That the secretary of the Commonwealth be, secretary au- 
and he is hereby authorized to contract with the register of thorized to 
probate for the county of Plymouth for making a complete index of the old 



302 1852. Chap. 86—90. 

colony records, and commoii index of all the volumes of the old colony 
ceedin "«200^ records which are now severally indexed ; and also an in- 
dex of the book of court actions never indexed ; and of the 
book of births and burials : provided^ that the expense of 
the same shall not exceed the sum of two hundred dollars. 
[Approved by the Governor, May 20, 1852.] 

Chd)). 87 Resolve on the Petition of William Ramsdell. 

5887.68 to be Resolvcd, For reasons set forth in said petition, that Asa 
returned to -^ Farr, district attorney for the northern district, be, and 
he hereby is authorized, and directed, to return to William 
Ramsdell, of Maiden, in the county of Middlesex, the sum 
of eight hundred and eighty-seven dollars and sixty-eight 
cents, paid to said Asa W. Farr by said Ramsdell to re- 
deem certain lands set off to the Commonwealth after the 
expiration of the time of redemption. [Approved by the 
Governor, May 20, 1852.] 

Chap. 88 Resolve in favor of Nahum Ayres. 

S32, expenses Resolvcd, That there be allowed and paid out of the 
of sickness treasury of the Commonwealth, to Nahum Ayres, a repre- 

ciurinsr session* , •/ ' i 

' sentative from the town of New Braintree, the sum of 
thirty-two dollars, in full for the expense of his sickness 
while attending the present session of the Legislature, and 
that a warrant be drawn accordingly. [Approved by the 
Governor, May 20, 1852.] 

Chan 89 Resolve in relation to Lands adjacent to the State Prison. 

S620 for land Resolved, That the sum of six hundred and twenty dol- 
adjacent to lars be paid, in compliance with a certain contract made 
State prison. ^^ ^j^^ Commonwealth, for the purchase of lands adjacent 
to the State prison, and that the governor draw his war- 
rant therefor accordingly. [Approved by the Governor, May 
20, 1852.] 

Chai) 90 Resolve in favor of Amasa Holcomb. 

^21.70, ex- Resolved, That there be allowed and paid out of the 

penses of sick- treasury of the Commonwealth, to Amasa Holcomb, sena- 
session.""° *or from the Hampden district, the sum of twenty-one 
dollars and seventy cents, in full for the expenses of his 
sickness during the present session of the Legislature, and 
that a warrant be drawn therefor accordingly. [Approved 
by the Governor, May 20, 1852.] 



1852. Chap. 91—96. 303 

Resolve in favor of Chauncy S. Brown, of Blandford. Chan. 91 

Resolved^ That there be allowed and paid out of the S^^; expenses 
treasury of the Commonwealth, to Chauncy S. Brown, of during"ession. 
Blandford, the sum of fifty dollars, in full for expenses of 
sickness during the present session of the Legislature, and 
that a warrant be drawn therefor accordingly. [Approved 
by the Governor, May 20, 1852.] 

Resolve in favor of Josiah Seabury. Chap. 92 

Resolved, That there be paid to Josiah Seabury, a mem- ^25, medical 
bcr of this house, from the town of Brewster, the sum of fn^^"esTion '^'^' 
twenty-five dollars, for expenses incurred by him for medi- 
cal attendance during the present session, and that a war- 
rant be drawn accordingly. [Ajjproved by the Governor, 
May 20, 1852.] 

Resolve in favor of William Danforth, of Williamstown. Chap. 93 

Resolved, That there be allowed and paid out of the 525, expenses 
treasury of this Commonwealth, to William Danforth, a of sickness 
member of the present Legislature, twenty-five dollars, in o * • 
full for expenses of sickness during the present session, and 
that a warrant be drawn accordingly. [Approved by the 
Governor, May 20, 1852.] 

Resolve in favor of Thomas Stoddard. Chap. 9-i 

Resolved, That there be allowed to Thomas Stoddard, 530, expenses 
of Cohasset, a member of this house, the sum of thirty ?f illness dur- 
dollars, to defray the expenses of illness caused by an acci- ^ ^ s . 
dental injury incurred in the discharge of his legislative 
duties during the present session of the Legislature, and 
that a w^arrant be drawn accordingly. [Approved by the 
Governor, May 20, 1852.] 

Resolve In favor of William F. Bell, of Washington. Chap. 95 

Resolved, That there be allowed and paid out of the ^20, expenses 
treasury of this Commonwealth, to William F. Bell, of of sickness 
Washington, the sum of twenty-five dollars, in full for ^^"S^^®*"^ °- 
expenses of sickness during the present session of the 
Legislature, and that a wan-ant be drawn accordingly. 
[Approved by the Governor, May 20, 1852.] 

Resolve in favor of David Lawrence. Chap. 'dQ 

Resolved, That there be paid to David Lawrence the S20, expenses 

f 111 ,- /• Tijii of illness diir- 

sum 01 twenty dollars, for expenses of medical attendance jng session. 



304 1852. Chap. 96—99. 

incurred by him in consequence of illness during his at- 
tendance as a member of the Legislature during the present 
session, and that a warrant be drawn accordingly. [Ap- 
proved by the Governor^ May 20, 1852.] 

(Jhan. 9T Resolve on the Petition of Orrin Baker. 

Sole remaining Resolved, For reasous set forth in said petition, that the 
executor au- said Orrin Baker, sole remaining executor of the will of Otis 
wh Jie^of c° r-^ S. Baker, late of Easthampton, in the county of Hampshire, 
tain estate. deceased, be and he hereby is authorized to sell and con- 
vey the whole title and estate of which the said Otis S. 
Baker died seized and possessed in, and unto a certain 
piece of land, with the buildings thereon, situate in Spring- 
field, in the county of Hampden, bounded as follows, viz. : 
northerly by Howard street, easterly by Water street, 
southerly by land of Silas B. Bodfish, and westerly by 
Bond to judge land now or lately ow^ned by John J. Doherty: provided, 
of probate. ^|-jg^^ ^j^g petitioner shall first give bond, with surety or sure- 
ties, to the judge of probate for the county of Hampshire, 
to the satisfaction of said Judge, for the faithful execution 
of the power hereby conferred, and to apply and account 
for the consideration money received for said sale and con- 
veyance, according to law and said will. [Approved by the 
Governor, May 20, 1852.] 

Chan 98 Resolve for the appointment of Commissioners to examine Cape Cod 
^ * Harbor. 

Three commis- Resolved, That his excellency the governor, with advice 
sioners to ex- j^nd consent of the council, be requested and empowered to 

amine into the . , . . ^ ', '■ ^^ • ■ J r-^ /-i i 

dangers to the appoint a commission oi three persons to visit Cape Uod 
harbor. harbor during the recess of the Legislature, for the purpose 

of examining into the causes that do now, or are likely here- 
after to endanger or injure said harbor; and, should there 
be an appropriation by the general government for this 
purpose, to confer with its engineer or agent, as to the best 
mode of its expenditure, so as to secure the preservation of 
said harbor, and report to the next General Court. [Ap- 
proved by the Governor, May 20, 1852.] 

Chan. 99 Resolve for the appointment of a Committee concerning a Fire-Proof 
-' * Buildiag. 

Committee of Resolvdd, That a committee of three be appointed by 
three to pro- the president of the senate and the speaker of the house of 
estim'atTof^"*^ representatives, to procure plans and estimates for a fire- 
building, proof building, to be erected in the rear of the State house, 
and report the same to the next Legislature, in the early 
part of the session. [Approved by the Governor, May 20, 
1852.1 



1852. Chap. 100—101. 305 

Resolves relating to Public Lands. Chap. 100 

Resolved, That his excellency the governor, by virtue of Governor, ac- 
and in accordance with an act of the Commonwealth of of june /g, *'^* 
Massachusetts, passed on the nineteenth day of June, one 1819, relating 
thousand eight hundred and nineteen, entitled " An act ^^ Mafne^dU 
relating to the separation of the District of Maine from rected to re- 
Massachusetts proper, and forming the same into a sepa- "ion ,*^and^ give 
rate and independent State," and particularly the sixth sec- notice to 
tion of said act, be directed to renew and fill up, on the part 
of Massachusetts, the commission therein named, and give 
notice thereof to the State of Maine, agreeably to the pro- 
visions of the act aforesaid. 

Resolved, That the land agent, with the concurrence of Land agent 
the now land commissioners, and the commissioners on the and commis- 
part of Massachusetts,, to be appointed under the act re- ^^^^ to sell 
ferred to in the last resolve, have full power and authority, Massachusetts 
and the same is hereby granted, to sell and convey all the Maine. 
lands which Massachusetts now owns in Maine to said 
State of Maine, or to any individuals or corporation, if, in 
their opinion, a price equivalent to the value of the lands 
shall be paid, or satisfactorily secured to the treasurer of To be ap- 
the Commonwealth : joroy?'<ie<:/, the conditions of the con- ^^°oj and ^°^" 
tract shall be first approved by the governor and council. council. 

Resolved, That if the commissioners above named, with on certain 
the land a^ent, havinsr first obtained satisfactory informa- contingency 

„,o' r.?! 1 111 irj.1 n 1. commissioners 

tion of the value of the lands, shall, on or before the first to be discharg- 
day of February next, contract to sell the same to any ed. 
party, and neither the State of Maine, nor the party pur- 
chasing, shall desire a division of the lands, the commis- 
sioners aforesaid shall be discharged from any obligation 
to make said division. [Approved by the Governor, May 
20, 1852.] 

Resolves in relation to a New State Prison. Chap. 101 

Resolved, That his excellency the governor, with the ad- Governor to 
vice of the council, be requested and empowered to appoint appoint three 

, , , ' t . 1 I 11 -1 1 commissioners 

a board of three commissioners, who shall consider and t„ report on 
report upon the expediency of erecting a prison upon a expediency of 

r , i . „ ,' . . , . , 1 ^ -x J. 4- j-u erecting a new 

new location, of sufiicient extent and capacity to meet the ytate prison, 
prospective wants of the Commonwealth for many years to 
come, with a view to the advancement of the best moral 
and industrial interest of the State. 

Resolved, That the said commissioners, if, in theur opin- 
ion the interest of the State shall require the erection of a 
new prison, shall report upon a location. 

Resolved, That said commissioners be required to report JJf^^X'^''- 
the result of their inquiries and deliberations to his excel- favorof new 
39 



306 



1852. 



-Chap. 101—103. 



prison to make lency the govemor in season to be communicated to the 
ernor\n°sfrJon Legislature at the commencement of the next session, and 
for next Lcgis- the Said commissioners shall present also their accounts to 
the governor and council, to be by them allowed and ap- 
proved as they may deem just. [Approved by the Governor^ 
Blay 20, 1852.1 



lature. 



Chap. 102 



Resolve in favor of Rev. Jared Curtis. 

Resolved, That there be allowed and paid to the Rev. 
Jared Curtis, chaplain of the State prison, one quarter's 
salary after his resignation shall have taken place, and that 
the governor be authorized to draw his warrant for the 
same. [Approved by the Governor, May 21, 1852.] 



Chap. 103 

Every nation a 
right to form 
its own gov- 
ernment. 



Hungarian 
struggle enti- 
tled to appro- 
bation and 
sympathy. 



Intervention of 
Russia gross 
violation of 
law of nations. 



We sympa- 
thize with 
Hungary and 
her exiles. 



U. S. aid re- 
commended. 



Kossuth com- 
mended to the 
lovers of free- 
dom. 



Resolves in relation to National Intervention. 

Resolved, 1. That every nation has the right to form for 
itself such form of government as may seem to be best 
calculated to advance those ends for which all governments 
are in theory established. 

2. That the Hungarian nation, in the years 1848 and 
1849, was engaged in a proper and legitimate political 
movement, having for its object the improvement and ex- 
tension of free institutions, and was therefore entitled to 
the sympathy of the people of every country, who were 
themselves living in the enjoyment of those blessings which 
alone flow from such institutions. 

3. That the intervention of the czar of Russia in the 
contest between the people of Hungary and the House 
of Hapsburg Lorraine, was an act in gross violation of the 
law of nations, and ought to have been seriously considered 
by every nation interested in the maintenance of constitu- 
tional liberty. 

4. That we deeply sympathize with the oppressed peo- 
ple of Hungary, and with those Hungarians who are in 
exile, and that we hope and trust that the vindication of 
Hungarian rights will restore the exile to his country, and 
his country to freedom ; and that the United States would, 
in our opinion, be justified in making use of all proper 
means to advance an end so strictly in accordance with the 
principles of justice and humanity. 

5. That the part borne by Louis Kossuth in the great 
struggle for the preservation of the nationality of Hun- 
gary and the political rights of the Hungarian people, 
entitles him to the regard and confidence of all lovers of 
freedom ; and we rejoice that he does not despair of his 
country's restoration, but directs the whole power of his 



1852. Chap. 103—106. 307 

great mind to the advancement of that hour when Hungary 
shall stand before the world a nation free from Austrian 
tyranny, and constitutionally governed. 

6. That the czar of Russia, in giving up to judicial Conductor the 
butchery those Hungarian patriots who surrendered to ^n^emned" 
his armies, was guilty of an infamous act, revolting alike 

to the laws of God and the dictates of common humanity, 
which ranks him even beneath the emperor of Austria, 
by whom they were put to death ; they having never in- 
jured the former potentate, and having fought against the 
latter only in defence of their historical and inalienable 
rights, and to prevent him from establishing a despotism 
over their country. 

7. That it is the duty and the interest of all consti- Duty and in- 
tutionally governed nations to cultivate the most inti- governments 
mate relations with each other, to the end that, should the to cultivate in- 
emergency arise, they may the more easily combine their tl^^s^with each 
powers to repel the attacks of despots. other. 

8. That copies of these resolves be sent to our sena- Resolves sent 
tors and representatives in Congress, and that they be to senators and 
requested to make use of all proper means to advance the uveVin^Coii- 
ends which they recommend, and the principles they em- gress. 
body. [App7-oved by the Governor, May 22, 1852.] 

Resolve in favor of Otis H. Morrill. ChctD. 104 

Resolved, That there be allowed to Otis H. Morrill, a S50 for sick- 
member of the house of representatives from Lowell, the theseslion^ 
sum of fifty dollars, for expenses incurred by reason of 
sickness during the present session of the Legislature ; and 
that the governor be authorized to draw his warrant accord- 
ingly. [Approved by the Governor, May 22, 1852.] 

Resolve in favor of James T. Woodbury. Chan 105 

Resolved, That there be paid to James T. Woodbury, a ^20 for medi- 
member of this house from the town of Acton, the sum of cai expenses 
twenty dollars, for expenses incurred by him for medical gj^n"^ 
attendance during the present session, and that a warrant 
be drawn accordingly. [Approved by the Governor, May 
22, 1852.] 

Resolve relative to Citizens of Massachusetts sold into slavery in Texas. Chap. 106 

Resolved, That the governor of the Commonwealth be Governor to in- 
directed to make inquiry as to the arrest of four men, sup- quire as to four 

ij 1 -i- r Txr 1 11 ■ ly c\j.\ '^z. men sold in to 

posed to be citizens 01 Massachusetts, in the fetate 01 slavery in 
Texas, and under the laws of that State sold into slavery ; Texas— for 

wii&t crimes 

to ascertain for what crime they have thus been punished ; how tried, 



308 1852. Chap. 106—108. 

■whether con- whether they were fairly tried and had the advantage of 
^tuutionai, council ; whether their arrest and punishment was author- 
ized by the constitution and law^s of the United States, and, 
after due inquiry, if the governor, with the advice of the 
council, shall deem it right and proper for the Common- 
wealth to interfere for the release of said citizens, the 
governor is hereby authorized to procure, if possible, their 
release, and to draw on the treasury for such sum as may 
be necessary to defray the expense of the same. [Approved 
by the Governor, May 22, 1852.] 

Chai) 107 Resolve in aid of Amasa Whitney. 

S2o for expen- Resolvcd, That the sum of twenty-five dollars be paid 
ses of sickness out of the treasury of this Commonwealth to Amasa Whit- 
dunng session. ^^^^ ^ member of the house of representatives, from the 
town of Gardner, for expenses incurred for sickness during 
the present session of the Legislature, and that a warrant 
be drawn therefor accordingly. [Approved by the Governor, 
May 22, 1852.] 

ChciV. 108 Resolve upon the Petition of Frederick William Paine. 

Authorized to Resolved, Upou the petition of Frederick William Paine, 
sell to the ag trustee, under the will of William Paine, late of Wor- 
Nashua Rail- cester, in the county of Worcester, requesting authority to 
road certain gell and convey to the Worcester and Nashua Railroad 
held by hira as Company a certain portion of real estate held by him as 
trustee. gaid trustee, that for the reasons set forth in said petition, 

the said Paine be authorized to sell and convey in fee to 
the said Worcester and Nashua Railroad Company that 
portion of the real estate held by him as trustee, which the 
said railroad company were authorized by an award of the 
county commissioners of Worcester county, to take for the 
purposes of said railroad, the said Paine first giving a bond 
to the satisfaction of the court of probate having jurisdic- 
tion of the matter of said will or trust, to invest the proceeds 
of said sale for the benefit of those entitled to the said land, 
and the income thereof under the said William Paine' s 
will. [Approved by the Governor, May 22, 1852.] 



INAUGURAL ADDRESS 



OF 



HIS EXCELLENCY GEORGE S. BOUTWELL. 



Representatives' Chamber, Jan. 15th, 1852. 

At quarter past twelve o^clock, His Excellency the Governor, 
accompajiied by His Honor the Lieutenant-Governor, the 
members of the Executive Council, and the various officers of 
the government, attended by a Joint Committee of the two 
Houses, and the Sheriff of Suffolk, m,et the Senate and 
House of Representatives i?i convetition, and delivered the 
following 

ADDRESS: 

Gentlemen of the Senate 

and of the House of Representatives : 

The constitution of Massachusetts has wisely provided for 
the annual meeting of the Legislature. It is your good for- 
tune to assemble at a moment of general health, prosperity, 
and peace. 

The events of the past year have not diminished our con- 
fidence in republican institutions, but we have been called to 
lament the reaction in Europe, by which liberal sentiments 
have been temporarily overthrown. We are not, however, 
permitted to believe that the despotic plans of Russia and 
Austria will succeed, but that on the contrary, encouraged by 
the example and inspired by the sympathy of the United 
States, the people of Europe will yet establish and maintain 
constitutional governments. 



312 GOVERNOR'S ADDRESS. 

Our own government had its fonndation in general intelli- 
gence, and has been preserved by an universal system of 
education. 

The last returns show that the people of this State raised 
by taxation the sum of nine hundred and fifteen thousand dol- 
lars for the support of schools, being an increase of fifty-one 
thousand dollars over the appropriations of the preceding 
year. 

The report of the secretary of the board of education re- 
presents the common school system in a flourishing condition. 
There is no reason to doubt the correctness of this conclusion. 
The normal schools and teachers' institutes are educating and 
preparing for labor and usefulness, a large number of young 
men and women. 

We have no institution under the patronage of the State 
which more fully accomplishes the purposes of its foundation 
than the normal school. 

I concur with the secretary of the board of education in the 
opinion that the benefits of the teachers' institutes should be 
enjoyed by the cities, as they have been heretofore almost ex- 
clusively by the rural districts of the Commonwealth. Should 
you approve the recommendation an additional appropriation 
will be necessary. I feel it my duty, however, to say that, as 
there is no probability that the school fund, from its present 
source, can ever exceed a million and a half of dollars, and as 
all appropriations for educational purposes are charged to this 
fund, there should be equal economy at least as in the ordinary 
expenditures of the government. The school fund now 
amounts to nine hundred and fifty-five thousand dollars. 

Agreeably to a statute of 1851 there are now ten vacancies 
in the board of overseers of Harvard College. As these va- 
cancies have existed since the first Wednesday of this month, 
your early attention is solicited to that important subject. I 
may be allowed to add that there is a public expectation that 
the new board will be composed of men most distinguished 
for probity, learning, and devotion to the cause of education. 
^ The reports of the trustees and superintendent of the State 
reform school will soon be laid before you. In this institution 
the kindness of home is beautifully blended with the instruc- 
tion of the school and the discipline of the prison. 

The results are such as to present no occasion for complaint, 
but numerous reasons for thankfulness and hope. The build- 
ings were erected for the accommodation of three hundred 
boys, but there were in August three hundred and forty-two 
inmates, and many have been rejected. The success which 
has attended this effort naturally suggests the importance of 
enlarging the present accommodations for boys and estab- 
lishing a new institution for girls. Should you make an 



GOVERNOR'S ADDRESS. 3 

appropriation for the first of these objects I certainly should 
concur in it. It must, however, be borne in mind, that within 
two years, a debt of two hundred thousand dollars has been 
authorized for the enlari^ement of the State prison and the 
erection of a lunatic hospital. I think it wise to defray from 
the cuiTcnt revenue of the State, a portion of the expense of 
institutions even of charity and humanity. 

The enlargement of the State prison, contemplated by a 
statute of 1850, is nearly completed. I am informed by the 
commissioners that the expenditure will be about equal to the 
appropriation for that object, namely, one hundred and eight 
thousand dollars. 

In consequence of this enlargement, it is necessary to in- 
crease the extent of the prison grounds. As one side of the 
new octagonal building is within a few feet of the line, the 
prisoners are exposed to the observation of persons upon the 
outside. This exposure is highly pernicious to the discipline 
of the prison, if it does not endanger the safe-keeping of the 
convicts. The inspectors in 1850 and 1851 recommended the 
purchase of a parcel of land, and in the latter year the subject 
was submitted to the executive council. Although the council 
were advised that, under an act of 1817, the executive had 
power to make the contemplated purchase, yet, upon full con- 
sideration, it was thought proper to refer the subject to the 
Legislature. 

A conditional purchase has, however, been made. By this 
contract, the State has a right to complete the bargain at any 
time previous to the fourth of ]\Iarch next, by the payment of 
thirty-one thousand dollars. If the contract is not consum- 
mated, the State is bound to pay four months' interest on the 
aforenamed sum. The land is necessary to the prison. The 
price is believed to be reasonable. The purchase confirms a 
controverted claim to certain flats, and the ownership will 
prevent the erection of combustible structures, dangerous in 
case of fire to the buildings within the prison yard. I con- 
sider that the completion of the contract is highly important 
to the Commonwealth. 

The number of convicts in prison is rapidly increasing, and 
there is a melancholy prospect that the cells will all be occupied 
within three years. The reports of the inspectors and officers 
of the State prison will exhibit its condition in Septembej:^--'"''^ 
last. --^"^ 

The commissioners of alien passengers and State paupers 
have made an extended report, wiiich will be laid before you. 
It will present a saving of more than twenty thousand dollars in 
the pauper expenses of the year 1851. This reduction, however, 
is temporary, unless sustained by the energy and labor which 
have produced it. The commissioners recommend an entire 
40 



314 GOVERNOR'S ADDRESS. 

change in the pauper system. This change is to be accom- 
plished by the erection of several district almshouses, at which 
all foreign state paupers shall be maintained. They have made 
a careful examination of the New York system, and speak 
approvingly of its results. The report contains much valuable 
information upon this point. It is no doubt true, that, by 
bringing these unfortunate people, in considerable numbers, 
under the control of one head, their labor may be made much 
more productive than it is at present. 

The laws of New York permit the commutation of the 
bonds given for the maintenance of alien passengers in all 
cases whatsoever. Of course, the commutation money is 
much increased when the alien is aged, insane, sick, or imbe- 
cile, the amount being determined by the probable expense of 
maintenance. The proceeds constitute a fund for the support 
of paupers. This course is not permitted by our laws. The 
consequence is, that emigrant vessels discharge at New York, 
the commutation money is paid into their treasury, the business 
benefits that city, while many of those needing support, find 
their way to our territory and engross our charity. 

The evils of foreign pauperism we cannot avoid, and I think 
it wise to avail ourselves of the advantages of direct emigra- 
tion, which increases the business of the State, replenishes in 
some degree the treasury, and gives us the benefit of the in- 
telligent, active, and industrious portion of the foreign popu- 
lation. 

You will find it necessary to take some action upon the 
public lands in Maine. 

In 1851 the Legislature prohibited the sale of land, and 
Maine has prohibited the sale of timber. The result is a sus- 
pension of operations. I am assured by the authorities of 
Maine that they shall proceed to sell their interest in the lands, 
and thus Massachusetts, without her own agency, will become 
a co-tenant with individual purchasers. This Of course can- 
not be permitted. It is for you to determine the policy which 
ought to be pursued. We may claim a division under the 
act of separation, or renew the sales of land and timber under 
the joint authority of the two governments. In either case 
the mode of conducting the business is of the highest import- 
ance. 

The controversy with Rhode Island has received the atten- 
tion of the executive department of the government during 
the past year ; and the attorney-general is engaged in the 
necessary steps to obtain a judicial decision by a bill in equity 
in the supreme court of the United States. The importance 
of certain papers, which could only be obtained in England, 
led to some delay, but the suit will be prosecuted with all 
practicable despatch. 



GOVERNOR'S ADDRESS. 315 

Your predecessors recommended a revision of the constitu- 
tion of the State ; but a projjosition to assemble a convention 
for that piu-pose, was rejected by a vote of the people. The 
majority against a convention was small, while a considerable 
number of voters neglected to express their opinion upon the 
question. It is also very generally agreed, that important al- 
terations in our form of government are necessary, and I there- 
fore feel at liberty to recommend the subject anew to your 
consideration. The constitution contemplates its own amend- 
ment by the Legislature, bl^t this provision manifestly relates 
to those unimportant changes which time might render neces- 
sary. One of the first political questions settled in Massachu- 
setts, was, that the power to propose and establish a form of 
government was in the people, and not in the Legislature. 
Ln port ant changes are now contemplated. It is not so truly 
an amendment as a revision of the constitution that is desired. 
The members of the Legislature are not usually chosen with 
reference to fundamental alterations in the government, while 
a convention Avould accurately represent the views and judg- 
ment of the people. 

Heretofore, the representatives of cities and large towns 
have been chosen by a general ticket. This mode does not 
seem to be required by the constitution, and single districts are 
more in harmony with the general character of our representa- 
tive system, whether State or national. 

The report of the adjutant-general presents a flattering view 
of the condition of the militia of the Commonwealth. 

It is not important to maintain a large military force, but 
efficiency and discipline are necessary to secure the objects for 
which the system was established. 

Massachusetts has deferred a claim of considerable magni- 
tude against the United States, for services rendered, and ex- 
penses incurred, in the war of 1812. A portion of this claim 
was paid in 1830 ; and in 1836 Congress insti-ucted the secre- 
tary of war to reexamine the claim of Massachusetts. This 
was done, and the fiu-ther sum of $272,716 14 was declared to 
be due. In conformity with this decision the senate made an 
appropriation, in 1839, but it was rejected by the house of 
rei)resentatives. Since 1840 there has been no action by 
either government. The justice of this claim has been admit- 
ted, and there seems to be no reason why it should not be 
paid. But it will not be paid, unless the subject is fairly, 
earnestly, and consistently laid before the national Legislature. 
It is with the expectation that Congress will not allow a claim, 
so long since acknowledged, to remain unpaid, that I recom- 
mend such action on your part as will lead to a new eflbrt to 
obtain our just rights. It is proper to say that Maine is inter- 
ested in this claim, to the extent of one-third. 



316 GOVERNOR'S ADDRESS. 

Excluding the balance in the treasury on the first of January, 
1851, the ordinary receipts of that year were |566,432 09, and 
the ordinary expenditures were $642,105 38, showing a deficit 
of $75,673 29. 

Among the items are three of an unusual character, namely : 
the reception of the president, the valuation committee, and 
the enlargement of the state prison ; which, together, involved 
an expenditure of more than twenty-nine thousand dollars. 

In addition to this, the session of the Legislature of 1851 
was of unusual length and cost. 

The estimated receipts for the year 1852 are $617,000, and 
the estimated expenditures are $568,291 ; showing a balance 
in favor of the treasury of $48,709. 

Should you confirm the purchase of land for the State prison, 
and authorize the payment from the general treasury, the bal- 
ance will be reduced to $17,000. This estimate is based upon 
the supposition that no extraordinary appropriations are made, 
and that the session will not extend beyond one hundred and 
twenty days. Should you find it convenient, as it is believed 
you may, to reduce the length of the session, this balance will 
be increased. If, however, contrary to this estimate, the ap- 
propriations and expenditures should exceed the income of 
the year, I do not hesitate to recommend a direct tax to supply 
the deficit. This you can determine previous to your separa- 
tion. Expenses should not be incurred and appropriations 
made upon any other principle than that the people are willing 
to meet them by direct taxation in the absence of other 
resources. 

In view of the extraordinary appropriations which the State 
must soon make for institutions of charity and humanity, the 
most rigid economy should be observed. 

The property of the Commonwealth consists of 

Western Railroad Stock, (8 per cent.) . $1,176,400 00 

Five per cent, scrip, . . . 584,090 00 

County, city, and town scrip, (6 per cent.) . 269,800 00 

Notes and mortgages, (6 per cent.) . . 322,687 15 

Notes for land in Maine, (6 per cent.) . 335,636 58 

"Western Railroad Loan Sinking Fund rights, 258,808 00 

Lyman State Reform School Fund, . 70,000 00 

Natick Indian Fund, . . . 1,125 15 

Cash on hand, .... 76,822 33 



Productive property, . . . $3,095,369 21 

Lands in Maine unsold . $631,301 52 

Massachusetts claim, . 181,000 00 



GOVERNOR'S ADDRESS. 311 



Real estate, &c., . . $1,426,112 49 

Bonds and mortgages of rail- 
roads, . . . 5,049,555 56 



^287,969 57 
$10,383,338 78 



Debt of the Commonwealth on its own ac- 
count, January 1, 1852, . $1,341,475 00 
Scrip loaned to railroads, . 5,049,555 56 



6,391,030 56 
Balance in favor of the Commonwealth, $3,992,308 22 

But of this balance not more than a million of dollars is 
available for governmental purposes. 

No State is more interested in the existence and harmony of 
the American Union, than Massachusetts. She sustains im- 
portant relations to the federal government. Her industrial 
prosperity may be seriously affected by its policy, but I desire 
to express the opinion that her interests are not opposed to 
those of other states and other sections of the country. Every 
branch of labor is an element of our national character, and 
any injury to agriculture, commerce, or manufactures, is a 
national loss. Each profitable revolution of the spindle or 
motion of the shuttle increases our resources and power, as cer- 
tainly as the failure of the cotton, rice, or wheat crop diminish 
the public ^vealth. The manufacturer is interested equally in 
the agricultural prosperity of Ohio and Massachusetts, for the 
farmers of both States are his customers. Therefore a system 
of commercial policy which opens the markets of Europe 
to the whole or a part of the surplus produce of the West, is 
beneficial to the agriculture and manufactures of the North. 
Agriculture is a greater interest than manufactures, and as 
the latter is materially dependent upon the former, justice as 
well as good policy requires New England to pursue a liberal 
course towards other portions of the Union. This liberality 
will lead to a higher appreciation of our industrial resources, 
and their importance to the whole country. In this way the 
manufacturing system of Massachusetts may be sustained by 
national sense of justice and public policy, instead of being 
subject to the uncertain action of political parties. 

It is, however, just, that the duty laid upon foreign products 
which come in competition with our own, should be faithfully 
collected. This the manufacturing interest may properly 
demand. But the introduction of a highly protective system 
would lead to the rapid increase of manufacturing establish- 
ments, not only in the north, but in the south and west, and a 



318 GOVERNOR'S ADDRESS. 

more dangerous competition would spring up at home, than, 
under any circumstances, can come from abroad. The expenses 
of manufacturing are daily diminishing in this country, and 
the contest with other nations is soon to be determined by the 
intellectual and moral power, rather than the manual force of 
the laborers. That country which has the most intelligent 
laboring population will excel in every branch of industry. 
We have, also, to anticipate changes in our modes of business, 
which will diminish the cost of manufacturing. The active 
business will be performed by principals themselves, either as 
shareholders or copartner-owners, and the expensive and cum- 
brous system of agencies and factors abolished. This I antici- 
pate from the voluntary action of the proprietors themselves, 
and not from the interference of the Legislature. As a people, 
we must exist and prosper with the world, and not by exclusion 
from it. Cheap and rapid communication upon the'sea, and 
the removal of barriers to travel and transportation upon the 
land, are enemies to the restrictive system. The extent of our 
commerce is the evidence of our prosperity. Every vessel 
added to our commercial marine is not only a messenger of 
civilization, but it increases the value of each man's labor, and 
enables him to purchase and enjoy more of the necessaries 
and luxuries produced by the labor of other men. 

You have, gentlemen, authorized the executive to invite 
Louis Kossuth to this Commonwealth. This trust will be 
cheerfully and faithfully executed. Your action will be regarded 
as an expression of the sympathy of Massachusetts for the 
distinguished exile, and for the cause of European liberty, 
which he so truly represents. The common sentiment of 
America is on the side of constitutional governments. Nor 
will this sentiment be satisfied with an individual, unofficial 
expression. It will also demand, through the diplomatic agents 
of the country, a distinct declaration on the part of Austria 
and Russia as to their future purposes. If these governments 
shall assert the right of interference in the domestic affairs of 
European nations, or shall decline to make a distinct declara- 
tion upon this point, it would seem proper for our government 
to give them notice that we assert on our part an equal right 
to interfere in favor of republican or constitutional governments, 
reserving to ourselves of course the power to judge of circum- 
stances and the necessity of interference as events transpire. 
If, however, contrary to our expectations, Austria and Russia 
should assent to the doctrine of non-intervention, our object 
will have been gained. We cannot, in any view of the sub- 
ject, quietly submit to the absorption of the smaller states of 
Europe by the larger, and the final subjection of all to two or 
three aDied despotisms. 



MESSAGES. 319 

Snch a movement will not only be fatal to our commerce, 
but to the general industry and free principles of America. 

Gentlemen : 

Your action has increased and strengthened my obligation 
to the people. I shall seek to indicate my sense of its nature 
by a faithful discharge of the duties to which I have been 
called. I take this occasion to announce my determination 
not to be a candidate for reelection, and to assure you of my 
purpose, under Divine Providence, to labor in private life with 
equal zeal and greater freedom for the welfare and honor of 
the Connnonwealth. 



MESSAGES. 



To the President of the Senate: 

Sir, — I herewith transmit, for the use of the Legislature, the 
following reports and communications, which have been re- 
ceived by this department of the government, viz. : 

1. Resolutions of the State of New Hampshire in relation 
to the establishment of a bureau of agriculture in the depart- 
ment of the interior at Washington. 

2. Resolutions of the same State in relation to the compro- 
mise measm*es of the thirty-first Congress. 

3. Resolutions of the State of Delaware upon the same 
subject. 

4. Report of the commissioners of alien passengers and 
foreign paupers. 

^^- Report of the inspectors of the State prison. 

6. Report of the warden of the State prison. 

7. Report of the chaplain of the State prison. 

8. Report of the physician of the State prison. 

9. Preamble and resolution of the select and common coun- 
cil of the city of Philadelphia. 

10. The report of the trustees of the State reform school. 
^^ 11. The report of the superintendent of the State reforin 

school. 

12. The report of the treasurer of the State reform school. 

13. The report of the trustees of the State lunatic hospital. 

14. The report of the superintendent of the State lunatic 
hospital. 

15. The report of the adjutant-general of the Common- 
wealth. 

GEO. S. BOUTWELL. 
Council Cliamber, January 20, 1852. 



320 MESSAGES. 

To the Speaker of the House of Representatives : 

Sir, — I have the honor to transmit, for the use of the Legis- 
ture, the annual report of the land agent of the Common- 
wealth. 

GEO. S. BOUTWELL. 

Council Chamber, January 22, 1852. 

To the Speaker of the House of Representatives : 

Sir, — In compliance with the order of the house of the 6th 
instant, I have the honor to transmit a copy of the letter which 
I addressed to Louis Kossuth on the fifteenth of January, and 
also a copy of his reply to the same. 

And, that the Legislature may be in possession of all the 
proceedings which have taken place under the resolve empow- 
ering me to invite governor Kossuth to visit this Common- 
wealth, I herewith transmit a copy of Mr. Hopkins' communi- 
cation relative to the duties with which he was charged. 

GEO. S. BOUTWELL. 
Council Chamber, February 9, 1852. 

To the President of the Senate : 

Sir, — I herewith transmit to the honorable senate, for the 
use of the Legislature, the following communications, which 
have been made to this department of the government, viz. : 

1. Report of the agent for discharged convicts. 

2. Report of the superintendent of alien passengers. 

3. Preamble and resolutions of the State of New Jersey 
upon the compromise measures. 

GEO. S. BOUTWELL. 

Council Chamber, February 11, 1852. 

To the President of the Senate : 

Sir, — I herewith transmit to the honorable senate, for the 
use of the Legislature, the final report of the commissioners 
appointed under the resolves concerning Boston Harbor and 
Back Bay, approved May 3, 1850. 

GEO. S. BOUTWELL. 

Council Chamber, March 16, 1852. 

To the Speaker of the House of Representatives : 

Sir, — I herewith transmit to the house of representatives, 
for the use of the Legislature, a communication from the Gov- 



MESSAGES. 

ernor of Maine, and certain resolves recently passed by the 
Legislature of that State, concerning the public lands of Mas- 
sachusetts. 

GEO. S. BOUTWELL. 

Council Chamber, April 7, 1852. 

To the President of the Senate : 

Sir, — I herewith transmit to the senate, for the use of the 
Legislature, the following communications, which have been 
made to this department of the government : 

1. A communication from the governor of Maine, covering 
certain resolves of that State in support of a memorial to Con- 
gress, asking assistance from the United States government in 
behalf of the European and North American Railway. 

"2. A communication from the governor of New Hampshire, 
concerning obstructions in the Connecticut and Merrimack 
rivers, preventing the passage of salmon, shad, and other fish. 

3. A communication from the governor of Alabama, cov- 
ering certain resolutions of that State in reference to the con- 
struction of a ship canal across the peninsula of Florida. 

4. Joint resolutions of the State of Indiana, upon the African 
slave trade. 

GEO. S. BOUTWELL, 

Council Chamber, April 13, 1852. 

To the President of the Senate : 

Sir, — A bill entitled " An act concerning the Boston Wharf 
Company," has been laid before me for my revision ; but as I 
entertain objections to its passage, I herewith return it to the 
honorable senate with a brief statement of the reasons by 
which I am controlled. In 1851 the General Court passed a 
similar bill, which I declined to approve, and I now respectfully 
refer the senate to the communication I then made, and espe- 
cially to the considerations touching the preservation of the 
harbor of Boston. 

All the objections there presented apply to the bill before 
me, and it is my present purpose to state the particulars 
wherein the proposed measure will be more prejudicial to the 
public interests than that of 1851. By the existing laws this 
corporation is authorized to construct a wharf on the southerly 
side of Fore Point Channel to a point eleven hundred feet 
from a given angle in the commissioner's line. The bill of 
1851 provided for a further extension of one hundred and fifty 
feet, while the bill under consideration contemplates an exten- 
sion of four hundred feet, or to a point fifteen hundred feet 
from the aforenamed angle. It is true that this bill gives a 
41 



322 MESSAGES. 

direction to the line on the north-easterly end of the wharf, 
which, if continued, will restrain the adjacent shore-owners 
within limits more conformable to the ordinance of 1641. But 
there are two serious objections to the extension of this line 
as contemplated by the bill before me. 

In the first place a basin will be formed behind the Boston 
Wharf, and in front of the lands and wharves of adjacent pro- 
prietors. 

The water in this basin will be without cuiTent, and hence 
a deposit must inevitably take place in front of these lands 
and wharves. 

The second objection is, that while by this bill the Boston 
Wharf will have a front of fifteen hundred feet on Fore Point 
Channel, — a channel which can be used by vessels of mode- 
rate burden at all times of the tide, — the riparian proprietors 
in the rear of this wharf, having no access from their lands to 
any natural channel whatever, are to be restrained several 
hundred feet within the limits assigned to this corporation. It 
is my conviction that the Boston Wharf Company cannot take 
and exercise the privileges granted by this bill without an 
injury to public, and a wrong to private interests, which the 
State ought not to sanction. But I desire to express the opin- 
ion that such is the character of the proposed line as a harbor 
line, and its prospective injustice to riparian owners, it cannot 
be maintained. 

Our successors will feel bound to permit these owners to 
extend their wharves to a line corresponding with the extreme 
point of the Boston Wharf. Thus this bill not only makes a 
grant of flats to the Boston Wharf Company, four hundred 
feet in width on Fore Point Charmel, but necessarily leads to 
the extension of this grant along the line towards South Bos- 
ton, and involves a surrender of several hundred thousand feet 
of flats, in which the Commonwealth has a valuable vendible 
interest, without any compensation or consideration whatever. 

Hence I cannot agree to such a surrender of the public 
property, especially when considered in connection with its 
probable injurious effects upon the harbor of Boston. 

GEO. S. BOUTWELL. 

Council Chamber.) April 24, 1852. 

To the President of the Senate : 

Sir, — I herewith return to the honorable senate a bill en- 
titled " An act relating to Parishes and Religious Societies," 
which was laid before me on the 7th instant for my revision. 
My principal objections proceed from doubts of its constitu- 
tionality. 

1st. The bill appears to conflict with the eleventh article of 



MESSAGES. 

amendment to the constitution, or third article of the bill of 
rights. 

2d. The bill changes the conditions of grants heretofore 
made to such an extent as in my opinion to impair the obliga- 
tion of contracts. 

By a statute passed March 2oth, 1845, any corporation for 
religious purposes, was authorized to assess all parochial 
charges, including the support of public worship, upon the 
pews in any meeting-house they might thereafter erect or pro- 
cure, and collect such assessments agreeably to the thirty- 
second, thirty-third, and thirty-fourth sections of the twentieth 
chapter of the Revised Statutes. This law was entirely pros- 
pective, and no person could be involuntarily subjected to its 
operation. 

The bill before me extends the provisions of that act to any 
meeting-house erected prior to the 25th of March, 1845, pro- 
vided, that tliree-fourths of the pew-owners shall consent thereto. 

The third article of the bill of rights declares that " all per- 
sons belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such so- 
ciety a written notice declaring the dissolution of their mem- 
bership, and thenceforth shall not be liable for any grant or 
contract which may be thereafter made or entered into by such 
society." Every citizen has a right to the full benefit of this 
constitutional provision, except so far as he may have limited 
it by a voluntary contract of his own. Even if he is a propri- 
etor with others it cannot be controlled by a majority, or even 
three-fourths, of a corporation or body of men. The right is 
guaranteed to the individual, and no power but that which 
made the constitution can deprive him of it without his con- 
sent. The manifest intention of the constitution is, that each 
citizen shall be free to contribute or not for the support of re- 
ligious worship. 

In all cases to which the proposed law would be applicable, 
the pews were purchased or taken without any Icfcal obliga- 
tion annexed, to maintain religious instruction. Nor is this 
statpmont weakened, but rather strengthened, by the consider- 
ation that in special cases the proprietors of meeting-houses 
have agreed to defray the usual parochial expenses by an as- 
sessment upon the pews. The mere ownership of a pew in a 
meeting-house, unsustained by a special contract, imposes no 
legal obligation upon the owner to contribute to the parochial 
charges of the society usually worshipping therein. Yet the 
provisions of this bill are such that three-fourths of the pew- 
owners in any ineeting-house may compel the dissenting pro- 
prietors to contribute to the entire value of their proprietorship 
for the support of religious instruction, contrary, it may be, to 
their religions faith and opinions. 



MESSAGES. 

By the same article of the constitution each religious society 
is authorized to elect its pastor and contract with him for his 
support. The society is one of the contracting parties, and 
should fulfil for itself the obligations it assumes. But by this 
bill a person, not a member of the society, nor in any sense a 
party to the contract, may be brought in to perform stipula- 
tions to which he has never assented. Hence I find it difficult 
to reconcile this measure with the principles of justice or re- 
ligious freedom. 

And further, a religious society, with the concurrence of 
three-fourths of the pew-proprietors, acting under the authority 
of the Legislature, may impose liabilities upon the pews not 
specified in the original grant, nor at any subsequent time as- 
sumed or assented to by the individual owners. 

A grant made and accepted is a contract; the terms of the 
grant are the conditions of the contract ; and I feel bound to 
consider in which, if either, of the three bodies named, the 
power exists to change the conditions of a contract. Pews 
are held to be real estate, and pass by deed like lands and 
houses. There is of course a grantor and a grantee. The 
grantor is usually a religious society, though in some cases the 
proprietors acting jointly, or as a corporation, stand in the 
place of the grantor. In either case the grantor annexes his 
own conditions to the grant. The grantee accepts the title" 
upon these conditions, and both parties are bound by them 
unless they are in violation of law^ or against public policy. 
It appears to me that these conditions can be changed only by 
the mutual consent and action of the grantor and grantee. It 
is quite clear that the Legislature has not power to impair the 
obligation of contracts. A new condition imposed upon a 
contract, without the consent of both parties, most certainly 
impairs its obligation. Therefore it cannot impose upon a 
grantee, conditions and liabilities not originally imposed by 
the granior, and to which the grantee has never assented. 

Can the grantor, after the acceptance of the grant, impose 
new conditions ? Most certainly not. Such a doctrine would 
deprive contracts of all sacredness whatever. 

Nor will it be contended that a religious society, whether 
the grantor or not, has any such po^ver. 

If, then, neither the Legislature nor the gi^antor has the 
power separately to impose subsequent conditions to a grant, 
I feel bound to submit that these conditions cannot be imposed 
by their concurrent action. 

Hence, I conclude that there is no power to impose new 
conditions upon a grant of property without the consent of 
the grantor and grantee. 

If it is said tliat property in pews is peculiar in character, 
and ought therefore to contribute to the support of religious 



MESSAGES. 325 

worship, it must be considered that this peculiarity existed at 
tlie time the grant was made, if it exist at all, and will be 
recognized by the courts without any legislative action what- 
ever. It is a subject for the consideration of the judicial 
rather than the legislative department of the government. 

And I feel bound, also, to express the opinion that the pro- 
portion of three-fourths named in the bill is altogether arbitrary, 
and docs not rest upon any right which that number possesses, 
absolutely or relatively, as compared with the minority. If 
the Legislature has authority to declare that a less number 
than the whole of the pew-owners in a meeting house may 
assess parochial expenses upon the pews, that number is of 
course entirely within legislative discretion, and implies the 
existence of full and complete power in this respect. The 
Legislature may as well define the proportion to be one-half, 
one-fourth, one-eighth, or even that the expenses of all the 
religious societies in the Commonwealth shall be assessed 
upon the pe\vs in their respective meeting-houses. This broad 
and absolute principle appears to exist in the bill before me, 
yet no one would contend for its general application. 

In addition to the views I have presented there are consid- 
erations of public policy to which I attach great importance. 

The passage of this measure will inevitably lead to serious 
and vexatious controversies, for which the temporary advan- 
tages of this bill can afford no adequate compensation. 

It is a general opinion in Massachusetts that religious 
instruction ought to be maintained by the voluntary contribu- 
tions of the people, and any law calculated to unsettle this 
opinion will have disturbing effects upon the interests of re- 
ligion far beyond the immediate results of the measure itself. 

GEO. S. BOUTWELL. 

Council Chamber, May 12, 1852. 

To tlie President of the Senate : 

Sir, — A bill entitled " An act concerning the manufacture 
and sale of spirituous or intoxicating liquors," was laid be- 
fore me on the 14th instant, for my revision. I have duly con- 
sidered the measure, and now communicate to the honorable 
senate the objections I entertain to its passage. 

The will of the people is usually expressed through certain 
organisms called government. The harmonious and efficient 
action of the government is based upon the concurrence of the 
moral, political, and physical power of the people. If only 
one or two of these powers exist in reference to a particular 
law, its influence is proportionately weak. When our laws 
are based upon the constitution, and in harmony with well 



MESSAGES. 

settled principles of public policy, they need no popular ap- 
proval to give them validity and power. 

They rest upon the admitted moral and political judgment 
of the people, and may therefore command the physical force 
of the State. In the progress of events great and peculiar 
measures may be proposed, whose value depends entirely upon 
the popular judgment ; and under such circumstances, it is 
undoubtedly wise in the Legislature to seek an expression of 
public opinion. It is for this reason that in some States cer- 
tain grave questions, as the creation of a public debt, for 
example, are by the constitution submitted to the people. 

The moral power of a statute is greatly increased by the 
free and decisive approbation of those who are to be subjected 
to its operation. When, therefore, in addition to the import- 
ance of the subject legislated upon, the act contains new 
principles of legislation, or is of doubtful expediency, stronger 
reasons exist for ascertaining the public will. The measure 
before me is important, it contains new principles of legisla- 
tion, is of doubtful expediency, and I therefore concur with 
the Legislature in the propriety of its submission to the people. 

Mere political power and physical force are not sufficient to 
secure the perfect or even respectable administration of the law. 
Our experience as a State and as a member of, the American 
Union, furnishes sufficient evidence upon this point. All safe 
and wholesome legislation must have a moral basis in the 
hearts and minds of the people. More especially is this true 
when that legislation interferes with the principles, controls 
the habits, or regulates the morals of men. Whenever, in 
reference to great measures, it is doubtful whether such a 
basis exists, the question should be settled by an appeal to the 
people. 

Although I could not recommend the passage of the bill 
before me, the chief and sufficient objection of the present 
moment lies against the manner of ascertaining the popular 
will. As a point of principle, I think that all great questions 
should be determined by secret ballot. There is no domestic 
question more important than this. The use of the open ballot 
will divest the decision of the people of all moral power what- 
ever. It is not necessary to consider whether a single man 
even would be overawed or improperly influenced in his action. 
A subsequent allegation that many men had been thus influ- 
enced, or that the open ballot had been unfavorable to a full 
expression of opinion, would deprive the verdict of its moral 
strength. 

On the other hand, a decision by secret ballot would be final. 
If adverse to the law its friends could not complain. The de- 
cision would be conclusive that the people are not prepared for 
the measure, and thus save its advocates from numerous labors 



MESSAGES. 

and contests which must finally, under such circumstances, end 
in their discomfiture. 

Should the law be decisively sustained by the secret ballot, 
it would then possess amoral as well as political basis on which 
it might have a fair trial. A decision by open ballot may leave 
the law upon the statute-book, but necessarily shorn of its 
moral strength ; and I am fully conscious that it cannot stand 
upon mere political power and physical force. Legislation 
deals with men as they are. The province of law is to render 
certain and secure that which the moral judgment of men has 
approved, and moral reformation has acquired. 

After a careful view of the whole subject, I am brought to 
this conclusion : 

That a measure of this sort cannot rest safely and perma- 
nently upon the mere action of representative bodies of men, 
— that it must have the sanction of the people, — that that 
sanction must contain the moral as well as political power of 
the State, — that a decision by open ballot would possess very 
little moral force, — and, finally, that the secret ballot furnishes 
the only proper means of ascertaining the public judgment. 

Two considerations have had great influence upon my mind. 
I know of no government, either despotic or republican, which 
has permanently succeeded in limiting the use of intoxicating 
liquors, except so far as it was sustained by the conscientious 
opinions and practice of a majority of the people. 

And further, I cannot, by any process of moral reasoning, 
relieve myself of the duty of resisting the passage of a doubt- 
fal measure under such circumstances, that in the certain ulti- 
mate defeat which awaits it, is to be overthrown the cause it 
was intended to support. 

Guided in my course, and in the reasons I have presented, 
by a sense of duty to the Commonwealth which has honored 
me with its confidence, I respectfully return the bill entitled 
" An act concerning the manufacture and sale of spirituous or 
intoxicating liquors," to that department of the government 
in which it originated. 

GEO. S. BOUTWELL. 

Council Chamber.) May 19, 1852. 

To the President of the Senate : 

Sir, — Former and appropriate usage requires that notice of 
the official sanction of the executive to the several bills and re- 
solves which have been submitted to him, shall be given to the 
Legislature by an oral message delivered by the secretary of 
the Commonwealth. Having this day signed a bill entitled 
" An act concerning the manufacture and sale of spirituous 
or intoxicating liquors," I deem it proper to communicate the 



328 MESSAGES/ 

fact to the honorable senate, in which it originated, in a more 
solemn form. 

This bill appears to be identical, in all its features but one, 
with that which I returned to the senate on the 19th instant, 
with my objections to its passage. 

That provided for a reference to the people with the use of 
the open ballot. This rests entirely upon the action of the 
government. It seems to me highly proper that whenever a 
law is submitted to the people it should be in such a manner 
as to render the decision final. The first measure appeared to 
me calculated to impair the principle of the secret ballot, which 
I regard as important in a free government. In the communi- 
cation to which I have referred, I stated that my chief and 
sufficient objection was " against the manner of ascertaining 
the popular will." The bill now under consideration does not 
affect the principle of the secret ballot. I also stated that the 
bill contained new principles of legislation, was of doubtful 
expediency, and that the judgment of the people should be 
taken, and the use of the secret ballot required. To that 
opinion I adhere. The course I pointed out seemed to me 
necessary to bring the measure ^vithin the rule, that law is the 
embodiment of a preexisting and ascertained public senti- 
ment. 

But the Legislature, after a deliberate reconsideration of the 
subject, has expressed an opposite opinion. The point of dif- 
ference is one of expediency. I think it inexpedient to pass 
the bill without such a reference to the people as I have named. 
The Legislature thinks it inexpedient to pass the bill accord- 
ing to the usual forms. Upon this point of difference I do not 
feel at liberty, from doubts in my own mind, to withhold my 
assent to a measure intended to advance a sacred moral cause. 
I have therefore approved the bill entitled " An act concerning 
the manufacture and sale of spirituous or intoxicating liquors." 

GEO. S. BOUTWELL. 

Council Chamber, May 22, 1852. 



/ 



LIST OF THE 

CIYIL GOVERNMENT 

OF TUB 

COMMONWEALTH OF MASSACHUSETTS, 

AND OFFICKKS IMMEDIATELY CONNECTED THEREWITH, 

FOR THE POLITICAL YEAR 1852. 



HIS EXCELLENCY 

GEORGE S. BOUTWELL, 



GOVERNOR. 



HIS HONOR 

HENRY W. CUSHMAN, 

LIEUTENANT GOVERNOR. 



COUNCIL : 

JOHNSON GARDNER, 
NOAH GIBSON, 
RODOLPHUS B. HUBBARD, 
GERSHOM B. WESTON, 
FRANCIS R. GOURGAS, 
CYRUS GALE, 
FRANCIS W. BIRD, 
ALBERT G. BROWNE, 
AARON HOBART. 



A M A S A WALKER, 

Secretary of the Commonwealth. 

WiLi.i.viM TcFTS, 1st Clerk. Charles W. Lovett, 2tl Cleric. 

CHARLES B. HALL, 

Treasurer and Receiver General of the Commonwealth. 
Addison G. Fait, 1st Clerk. Rufus T. SlocoxMb, 2d Clerk. 

DAVID WILDER, Jr., 

Auditor of Accounts. 

Daniel II. Rogers, Clerk. 

TIMOTHY R. PAGE, 
Messenger to the Governor and Council. 



SENATE. 



HENRY WILSON. 

PRESIDENT. 



SUFFOLK DISTRICT. 

Charles Theodore Russell, Thomas G. Cary, 
George H. Kuhn, Charles H. Warren, 

Charles Hubbard, Francis Brinley. 

ESSEX DISTRICT. 

Edmund Kimball, Henry Osgood, 

Albert Currier, John B. Alley. 

Josiah Lovett, Jr., 

MIDDLESEX DISTRICT. 

Henry Wilson, Anson Burlingame, 

Charles C. Hazewell, Joseph Fuller, 

Ithamar W. Beard, Samuel E. Sewall. 

WORCESTER DISTRICT. 

Moses Wood, John S. C. Knowlton, 

Freeman Walker, Albert Alden. 

Elmer Brigham, 

HAMPSHIRE DISTRICT. 

Myron Lawrence, Noah L. Strong. 

FRANKLIN DISTRICT. 

Whiting Griswold. 



SENATE. 

HAMPDEN DISTRICT. 

Calvin Torrey, Amasa Holcomb. 

BERKSHIRE DISTRICT. 

Richard P. Brown, James T. Robinson. 

NORFOLK DISTRICT. 

Edward L. Keyes, Zenas French. 

Henry Hobart, 

PLYMOUTH DISTRICT. 

Jabez P. Thompson, Caleb W. Prouty. 

BRISTOL DISTRICT. 

John Crane, Oliver Ames, Jr. 

Christopher A. Church, 

BANRSTABLE DISTRICT. 

Zenas I). Bassett, Cyrus Weeks. 

NANTUCKET AND DUKES CO. DISTRICT. 

Daniel Fisher. 



FRANCIS H. UNDERWOOD, Clerk. 
CHARLES W. SLACK, Assistant Clerk. 
Rev. warren BURTON, Chaplain. 
BENJAMIN STEVENS, Sergeant at Arms. 
WILLIAM M. WISE, Doorkeeper. 
JAMES N. TOLMAN, Assistant Doorkeeper. 
TILSON FULLER, Page. 



HOUSE OF IlEPRESEN TAT IVES. 



Hon. NATHANIEL P. BANKS, Jr. 

SPEAKER. 



COUNTY OF SUFFOLK. 

Boston, William W. Allen, 

John Bigelow, 
Charles Boardman, 
Francis Boyd, 
Osmyn Brewster, 
Jonas Chickering, 
John Codman, 
Robert Colby, 
Samuel F. Coolidge^ 
John Cowdin, 
Thomas Curtis, 
Tisdale Drake, 
George Eaton, 
Henry H. Fuller, 
Henry J. Gardner, 
John C. Gray, 
William Hayden, 
Ralph W. Holman, 
Samuel Plooper, 
Isaac Jones, 
Samuel Kettell, 
Moses Kimball, 
Ezra Lincoln, 



HOUSE OF REPRESENTATIVES, 



Boston, 



Chelsea, 

North Chelsea, 
Winthrop, 



Thomas Mair, 
Robert Marsh, 
Abel B. Munroe, 
George Pahiier, 
Sewell F. Parcher, 
Aiirelius D. Parker, 
John F. Payson, 
Samuel S. Perkins, 
Silas F. Plimpton, 
William Pope, 
John P. Putnam, 
John G. Roberts, 
William Schouler, 
Nathaniel Seaver, 
Jacob Sleeper, 
J. Thomas Stevenson, 
Newell A. Thompson, 
Warren Tilton, 
Edward Warren, 
James S. Wiggin, 
Clement Willis, 
John H. Osgood, 
Horace E. Smith, 
John F. Fenno, 



Amesbury, 
Andover, 



COUNTY OF ESSEX. 



Jonathan B. Sargeant, 
Bailey Loring, 



Beverly, 

Boxford, 

Bradford, 

Danvers, 



Essex, 
Georgetown, 



Levi A. Abbott, 
John I. Baker, 
Samuel H. Batchelder, 
James A. Gilmore, 
Alfred A. Abbott, 
John Hines, 
Philemon Putnam, 
William Burnham, 2d, 
Jeremiah P. Jones, 



HOUSE OF REPRESENTATIVES. 



Gloucester, 


Jeremiah R. Cook, 




Jacob Bacon, 


Groveland, 


Albion M. Merrill, 


Hamilton, 


Benjamin Woodbury, 


Haverhill, 


Samuel Brainard, 




John B. Nichols, 


Ipswich, 


Foster Russell, 


Lawrence, 


E. B. Currier, 




Charles S. Newell, 




Josiah Osgood, 


Lynn, 


Ebenezer Brown, 




William Downing, 




Isaiah Hacker, 




James M. Sargent, 


Lynnjield, 


John Danforth, Jr., 


Manchester, 


Daniel W. Friend, 


Marhlehead, 




Methuen, 




Middleton, 




Newbury, 


Francis V. Noyes, 


Newhuryport, 


Isaac H. Boardman, 




Moses Davenport, 




Amos Wood, 


Rockport, 


Newell Burnham, 


Roivley, 


Thomas E. Payson, 


Salem, 


Otis P. Lord, 




Nathaniel B. Mansfield. 




William F. Nichols, 




George L. Newcomb, 




Joseph B. F. Osgood, 




Thomas Trask, 


Salisbury, 




Saugus, 


George H. Sweetser, 


Swampscot, 




Topsjield, 


Daniel Towne, 


Wenham, 


Moses Mildram, 


West Newbury, 


Benjamin Edwards. 



HOUSE OF REPRESENTATIVES. 



337 



COUNTY OF MIDDLESEX. 



Acton, 

Ashhy, 

Ashland, 

Bedford, 

Billerica, 

Boxhorough, 

Brighton, 

Burlington, 

Cambridge, 



Carlisle, 
Charlestown, 



James T. Woodbury, 
Hosea Kendall, 
James Jackson, 
John W. Simonds, 
Thomas Talbot, 
Granville Whitcomb, 
David Collins, 
David Skelton, 
Isaiah Bangs, 
Justin Jones, 
Stephen T. Far well, 
John Livermore, 
John S. Ladd, 
Joel Boynton, 
Timothy Fletcher, 
Philip B. Holmes, 



Chelmsford, 

Concord, 

Dracut, 

Dunstable, 

Framingha7n, 

Groton, 

Holliston, 

Hopkinton, 

Lexington, 

Lincoln, 

Littleton, 

Lowell. 



43 



Joseph Reed, 
Samuel Staples, 
Archibald O. Varnum, 
Ira Hall, 
Moses Edgell, 
Phineas G. Prescott, 
Alden Leland, 
William Claflin, 
William Chandler, 

Amasa Sanderson, 
Erastus Douglas, 
Luther Fames, 
Jesse E. Farnsworth, 
Luther B. Morse, 
Otis H. Morrill, 
William S. Robinson, 
James K. Fellows, 
Alpheus R. Brown, 



338 



HOUSE OF REPRESENTATIVES. 

Lowell^ Sidney Spauldrng, 



Maiden, 

Marlhoronghj 

Medfordy 

Melrose, 

Natick, 

Newton, 

Pepper ell J 

Reading, 

Sherbm'ny 

Shirley, 

Somerville, 

South Reading, 

Stonehanif 

Stow, 

Sudhiirtj, 

Teivkshury, 

Townsend, 

Tyngshoroiigfi , 

Waltham, 

Water town, 

Wayland, 

West Cambridge, 

Westford, 

Weston, 

Wilmington, 

Winchester, 

Wohiirn, 



Temple Dodge, 
Francis Brigham, 
Joseph P. Hall, 
Daniel W. Gooch, 
William B. Parmenter, 
Luther Paul, 
Isaac Hagar, 
Thomas J. Dow, 

Alpheus Clark, 
Daniel L. Chandler, 
Edward C. Purdy, 
John B. Atwell, 
George Cowdrey, 
Elbridge Gates, 
Jonathan R. Vose, 
Elijah M. Read, 
Samuel S. Haynes, 
Almond Bond, 
N. P. Banks, Jr., 
Seth Bemis, 
William R. Dudley, 
Mansir W. Marsh, 
Oliver Wright, 
Isaac Coburii, 
Joseph B. Putnam, 
Frederick O. Prince, 
Timothy Winn. 



COUNTY OF WORCESTER. 

Ashhnrnham, Joel H. Litch, 



Athol, 


Benjamin Estabrook, 


Auburn, 




Bar re, 


John Smith, 


Berlin, 


Lewis Sawyer, 


Blackstone, 


Laban Bates, 


Bolton, 


Edwin A. Whitcomb, 



HOUSE OF REPRESENTATIVES. 



839 



Boyhton^ 

BroolcficlJ., 

Charlton., 

Clinton., 

Dana, 

Douglas, 

Dudley, 

Fitchburg, 

Gardner, 

Grafton, 

Hardwick, 

Harvard, 

Holden, 

Hubbardston, 

Lancaster, 

Leicester, 

Leominster, 

Lunenburg, 

Mendon, 

Milford, 

Millbury, 

New Braintree, 

Northborough, 

Northbridge, 

North Brookfield, 

Oakham, 

Oxford, 

Paxton, 

Petersham, 

Phillipston, 

Princeton, 

Royalston, 

Rutland, 

Shrewsbury, 

Southborough, 

Southb ridge, 

Spencer, 

Sterling, 



Robert Andrews, Jr., 
Edward K. Pellet, 
Luther Litchfield, 
Horatio N. Bigelow, 
Orson Towne, 
Benjamin Whiting, 
Ira F. Jacobs, 
John T. Farwell, 
Joseph W. Mansur, 
Arnasa Whitney, 
Abraham M. Bigelow, 
Forister B. Aiken, 
Gideon C. Noble, 
George W. Bascom, 
William Bennett, Jr., 
Anthony Lane, 
Abraham Firth, 
J. a Allen, 
Isaac Harrington, 2d, 
Henry A. Aldrich, 
Charles F. Chapin, 
Orville E. Thompson; 
Nahum Ayres, 
Samuel Clark, 
Hiram Wing, 
Charles Adams, Jr., 
James B. Ware, 
Thomas Appleby, 

Lewis Whitney, 
Charles C. Bassett, 
Luther Crawford, 
Hiram W. Albee, 
David W. Fletcher, 
Luke B. Witherby, 
Lovett Fay, 
Sylvester Dresser, 
Alonzo Temple, 
Luther W. Rugg, 



340 



HOUSE OF REPRESENTATIVES. 



Sturhriclge, 

Sutton, 

Templeton, 

Upton, 

TJxhridge, 

Warren, 

Webster, 

Westhoroiigh, 

West Boylston, 

West Brookjield, 

Westminster, 

Winchendon, 

Worcester, 



Seneca Richardson, 
Timothy Burnap, 
John W. Work, 
John Forbush, 
Charles A. Thwing, 
Levi Merritt, 
Chandler Fay, 
Daniel H. Forbes, 
Ebenezer M. Hosmer, 
Horace G. Rawson, 
John Minott, 
Elisha Murdock, 
Isaac Davis, 
John Milton Earle, 
John F. Gleason, 
George F. Hoar, 
Putnam W. Taft. 



COUNTY OF HAMPSHIRE, 



Amherst, 

Belchertown, 

Chesterfield, 

Cunimington, 

Easthampton, 

Enfield, 

Goshen, 

Granhy, 

Greenwich, 

Hadley, 

Hatfield, 

Middlefield, 

Northampton, 

Norwich, 

Pelham, 

Plainfield, 

Prescott, 

South Hadley, 

Southajnpton, 



Oliver Watson, 
Henry A. Longley, 
Edseil Witherell, 
Nathan F. Orcutt, 
Horatio G. Knight, 
Timothy Brainard, 
Asahel Billings, 
Chester Smith, 
Ezra S. Gibbs, 
Lorenzo N. Granger, 
Elijah Bard well, Jr., 
Eliakim Root, 
Azariah Clapp, 
Erastus Hopkins, 
Henry Stanton, 
David Abercrombie, 
Wanton C. Gilbert, 
Liberty Crossett, 
Charles Peck, 
Samuel C. Pomeroy, 



HOUSE OF REPRESENTATIVES. 



341 



Ware, 

Westhampton, 
Willia ms burg, 
Worthington, 



Harrison French, 
Medad King, 
Samuel S. Wells. 
* William Ward. 



COUNTY OF HAMPDEN. 

Blandford, Channcy S. Brown, 

Brimjield, John Prouty, 

Chester, Samuel Henry, 

Chicopee, Jonathan R. Childs, 

James K. Fletcher, 

Alpheus Nettleton, 

William W. Bacon, 



Granville, 

Holland, 

Holyoke, 

Longmeadow, 

Ludlow, 

Monson, 

Montgomerij, 

Palmer, 

Russell, 

Southwick, 

Springfield, 



Tolland, 

Wales, 

Westfield. 

West Springfield, 

Wilbraham, 



George C. Ewing, 
Dimond Colton, 

Rufus F. Fay, 

Amos C. Billings, 
Henry K. Loomis, 
Abel Steer, 
Titus Amadon, 
Epliraim W. Bond, 
Joel Brown, 
Andrew Huntington, 

Warren Shaw, 
James Holland, 
Harvey Wolcott, 
Solomon C. Spelman. 



COUNTY OF FRANKLIN. 



Ashfield, 
Beimardston, 
Buckland, 
Charlemont, 



Henry S. Ranney, 
Samuel S. Wright, 
Bartlett Ballard, 



* Died at commencement of the session. 



342 



HOUSE OF REPRESENTATIVES. 



Coleraine^ 


Rominor Smith, 


Conway, 




Deerjieldj 


Asa Stebbins, 


Erving^ 


John H. Willis, 


Gill, 


, 


Greenfield, 


Wendell T. Davis, 


Hawlcy, 


Clark Sears, 


Heath, 


David Gould, 


Leverett, 


Horatio N. Watson, 


Leyden, 


E. Wing Packer, 


Monroe, 


Martin Brian t. 


Montague, 


Erastus Andrews, 


Neio Salem, 


Robert Andrews, 


Northfield, 


Earl Wildes, 


Orange, 


Rodney Hunt, 


Rowe, 


Noah Wells, 


Shelbiirne, 


John B. Whitney, 


Shutesbury, 


Samuel F. Dudley, 


Sunderlatid, 


Timothy Graves, 


Warwick, 


John G. Gale, 


Wendell, 


William Putnam, 


Whately, 


Chester Bardwell, 2d 


COUNTY 


OF BERKSHIRE. 


Adams, 


Stephen L. Arnold, 




Henry L. Dawes, 


Alford, 


Frederick Fitch, 


Becket, 


Joseph H. Mills, 


Cheshire, 


R. C. Brown, 


Clarksburg, 


Benjamin W. Clark, 


Dalton, 


Burr Chamberlin, 


Egrcnioiit, 


Pliny Karner, Jr., 


Florida, 


Jesse H. Kemp, 


Great Barrington, 


Noble B. Pickett, 


Hancock, 


Hiram S. Smith, 


Hinsdale, 


Elijah H. Goodrich, 


Lanesborough, 


Andrew J. Lewis, 


Lee, 


James H. Royce, 


Lenox, 


Eli Richmond, 



HOUSE OF REPRESENTATIVES. 



343 



Monterey, 

Mount Washington, 

New AsJiford, 

New Marlborough, 

Otis, 

Peru, 

Pittsjield, 

Richmond, 

Sandisjield, 

Savoy, 

Sheffield, 

Stockbridge, 

Tyringham, 

Wasliington, 

West Stockbridge, 

Williamstowji, 

Windsor, 



Amos Langdoii, 
William Wright, 3d, 
Noble F. Roys, 
Ammi Warner, 
Lorenzo Webb, 
Milo Stowell, 
Robert Francis, 
Ensign H. Kellogg, 
William H. Nichols, 
Chester Claflin, 
Robert Sturtevant, Jr. 
Charles Spurr, 

Ebenezer Beers, 
William F. Bell, 
William Jones, 
William Danforth, 
Luther Tower. 



COUNTY OF NORFOLK. 



Bellingham, 
Braintree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dorchester, 

Dover, 

Foxborough, 

Franklin, 

Medfield, 

Medway, 

Milton, 

Need ham, 

Quincy, 

Randolph, 



Edwin Fairbanks, 
*Jiidson Stoddard, 
William Aspinwall, 

Thomas Stoddard, 

Elisha Ford, 
Edward King, 
Calvin Richards, 

Hartford Leonard, 

Clark Partridge, 
Albert J. Mosher, 



Levi Mann, 

* Died duririK th.e session. 



su 



HOUSE OF REPRESENTATIVES. 



Roxhury, 



Ska?' on, 
Stoifghton, 
V/alpole, 
Weymouth, 

West Roxhury, 
Wrentham, 



S. Parkman Blake, 
Enoch Bartlett, 
Edwark D. Boit, 
Charles J. Hendee, 
Benjamin Perkins, 
Allen Putnam, 
Enoch Dickerman, 
Samuel W. Curtis, 
Palmer Morey, 
James Humphrey, 
Jobn W. Thomas, 



COUNTY OF BRISTOL. 



Attlehorough, 

Berkley, 

Dartmouth, 

Dighton, 

Easton, 

Fairhaven, 

Fall River, 



Freetown, 
Mansfield, 
New Bedford, 



Norton, 

Pawtucket, 

Raynham, 

Rehoboth, 

Seekonk, 

Somerset, 

Swanzey, 



Lyman W. Daggett, 
Giles L. Leach, 
Jireh Sherman, 
William L. Hathaway, 
Galen Sylvester, 
Elbridge G. Morton, 
Edward P. Buffington, 
Nathan B. Dean, 
Southard H. Miller, 
Iram Smith, 
Bradford Braley, 
William B. Bates, 
Abraham Gardner, 
George Howland, Jr., 
Cornelius Howland, 
Thomas Kempton, 
George B. Richmond, 
Andrew B. Randall, 
Alanson Thayer, 
Cassander Gilmore, 
Sylvester Hunt, 
William Ide, 
William L. Slade, 
Daniel Edson, 



HOUSE OF REPRESENTATIVES. 

Taunton, 



Westport, 



John Andrews, 
Harrison Tweed, 
Richmond Walker, 
Frederick Brownell. 



345 



COUNTY OF PLYMOUTH. 



Abington, 



Bj^idgewate?', 

'Carver, 

Duxhiwy, 

^ast Bridgeioater, 

Halifax, 

Hauovc?', 

Hanson, 

Hingham, 

Hull, 

S^ingston, 

MarsJifield, 

\Iiddleboroiigh. 

Vorth Bridgeioater, 

^embroke, 

°ly mouth, 

^lynipton, 

Rochester, 

^cituate, 

^ouili Scituate, 

Warcham, 

West Bridgewater, 



Isaac Hersey, 
James W. Ward, 
John A. Shaw, 
Benjamin Ransom, 
Joshua W. Hathaway, 
Jacob A. Rogers, 

Perez Simmons, 
Richard Howland, 
Martin Fearing, 
Martin Knight, 
Stephen Hohiies, 2d, 
Luther Hatch, 
Eliab Ward, 
Joseph T. Wood, 
Jesse Perkins, 
Martin Bryant, 
John Atwood, Jr., 
Lemuel Bradford, Jr., 
Joseph B. Nye, 
John A. Le Barron, 
Charles Curtis, 
James South worth, 
Darius Miller, 



COUNTY OF BARNSTABLE. 

Barnstable, 



Brewster, 
Jliatliani, 
Dennis, 
44 



Josiah Seabury, 
James Gould, 
Thomas Hall, 



346 



HOUSE OF REPRESENTATIVES. 



Eastham, 

Falmouth, 

Harwich, 

Orleans, 

Provincetown, 

Sandwich, 

Truro, 

Wellfleet, 

Yarmouth, 



David Lawrence, 
Nathaniel Doane, Jr., 
Leander Crosby, 
Enos Nickerson, 
Asahel Cobb, 
James Small, 
William Cleverly, 
Nathaniel S. Simpkins. 



Chilmark, 

Edgartoion, 

Tishury, 



DUKES COUNTY. 



William Vincent, 
Charles B. Allen. 



COUNTY OF NANTUCKET. 

Nantucket, William Barney, 

James H. Briggs, 
Henry C. Worth. 



Lewis Josselyn, Clerk. 

L. Ellis Josselyn, Assistant Clerk. 

Rev. Rufus W. Clark, Chaplain. 

Benjamin Stevens, Sergeant-at-Arms. 

Alexis Poole, Doorkeeper. 

David Murphy, Messenger. 

Joseph P. Dexter, Assistant Messenger. 

William Sayward, Postmaster. 

James N. Tolman, Jr., Page. 

Joseph P. Dexter, Jr., Assistant Page. 



(f'ninninnnipnltlj nf 3lia00flrIiiisBttji. 



SECRETARY'S OFFICE, July 17, 1852. 

I UEREBY Certify, That the printed Acts, Resolves, &c., contained in this 
pamphlet, are true copies of the originals. 

AMASA WALKER, 

Secretary of the Comniontvealth. 



ACTS • 



AND 



RESOLVES 



PASSED BY TILE 



General Coitrt of iltassad)tt0ctt0. 



IN THE YEAK 



18 5 3: 

TOGETHER WITH THE MESSAGES, 



PUBLISHED BY THE SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

WHITE & POTTER, PRINTERS TO THE COMMONWEALTH- 

1853. 



(t/^ The General Court of 1853 assembled in the State House in Boston, on 
Wednesday, the filth day of January, and was prorogued on Wednesday, the 
twenty-fifth day of May. 

The oaths of ofiice were administered to His Excellency, John H. Clifford, 
on the fourteenth day of January. 



GENERAL AND SPECIAL 
t a t tt t i 



OF 



MASSACHUSETTS. 

1853. 



An Act to authorize tlie Vermont and Massachusetts Raih'oad Company (JJidy)^ \ 
to issue preferred Stock. ^ 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Vermont and Massachusetts E-aUroad Com- 
pany is hereby authorized and empowered to create and sell 
or dispose of, at a price not less than one hundred dollars per $ioo per share, 
share, tweh'e thousand shares of perpetually preferred stock, 12,000 shares. 
the holders of which shall be entitled, like the holders of the 
other stock, to vote in the affairs of the company ; each and 
eveiy share being entitled forever, from the first profits of 
said road, to a dividend of six per cent, per annum, payable 
semi-annually. 

Sect. 2. Said corporation shall never hereafter create any no additional 

shfirGS to \}Q 

other or additional shares of preferred stock, nor shall they, issued. 

at any time, ahenate or mortgage said road or any part thereof, 

so as in any way to impair the interest of the holders of the prefemV^ 

preferred stock hereby authorized. to°be'i'mpaTr'ed.°' 

Sec. 3. No dividend shall be declared upon the capital Diridends. 
stock of this corporation heretofore issued, unless the income 
of said company shall be sufficient therefor, after paying its 
annual expenses and the full dividends on the preferred 
stock. 

Sect. 4. Any director, or other officer of this corporation. Penalty for 

violation. 



352 



1853.- 



-Chap. 1—2. 



Exchange of 
stock share for 
share. 



Five shares of 
common stock 
entitled to two 
shares of 
preferred stock. 



Act goes into 
operation. 



who shall violate the conditions of this act, shall be liable, for 
each and every offence, to a fine not exceeding the sum of five 
hundred dollars. 

Sect. 5. The holders of the preferred stock hereby cre- 
ated may, at any time, if they shall desii'e so to do, exchange 
the preferred stock for the common stock of said com- 
pany, share for share ; and in case of such exchange being 
effected, at the desire of the holders of the preferred stock, 
the company shall have the right to increase the number of 
shares of the common stock, equally with the number of 
shares of preferred stock so exchanged. 

Sect. 6. Each holder of the common stock of said company 
shall be entitled to take, if he so elect, on or before the first 
day of May next, two shares of the preferred stock, for every 
five shares of the common stock owned by him, he pacing for 
the same one hundi'cd dollars per share. 

Sect. 7. This act shall not go into operation until it shall 
be accepted by said corporation, by a stock vote of thi'ee- 
fouiths of the stockholders represented and voting thereon, at 
any meeting duly notified for the purpose. [Approved hy the 
Governor, February 8, 1853.] 



Chap. 2 



Corporators. 



Purpose. 



Privileges and 
liabiUties. 



Policies — when 
issued. 



Members entitled 
to share of funds. 



An Act to incorporate the Ware MutupJ Fire Insurance Company. 

Be it enacted hy the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, as 
follows : 

Sect. 1. Joel Rice, George H. Gilbert, S. A. Whitney, 
theu' associates and successors, are hereby made a corporation, 
by the name of the Ware Mutual Fire Insurance Company, 
to be established in Ware, for the term of twenty-eight years, 
for the purpose of insuring buildings, stock in trade, and all 
other kinds of personal property, on the mutual principle ; 
"vyith all the powers and privileges, and subject to all the du- 
ties, restrictions and liabilities, set forth in the thirty-seventh 
and forty-fourth chapters of the Revised Statutes, and in all 
other general laws wliich are now in force, or wliich may 
hereafter be enacted, relating to Mutual Fu'e Insurance Com- 
panies, so fai' as the same ai'e or may be applicable to said 
corporation. 

Sect. 2. No policy shall be issued by the said corporation, 
till the sum of fifty thousand dollar's shall have been sub- 
scribed to be insured. 

Sect. 3. Every member of said corporation shall, at the 
end of three years from and after the expu-ation of his policy, 
have a right to a share of the funds remaining at the end of 



1853. Chap. 2—S. 353 

said term, after all expenses and losses then incurred have been 
deducted, in proportion to tlie sums by liim actually paid on 
account of said policy. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 11, 1853.] 

An Act to incorporate the Taunton Gas Light Company. C/ldV, 3 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. WillardW. Fau-banks, William A. Crocker, and corporators. 
William Mason, their associates and successors, are hereby 
made a corporation, by the name of the Taunton Gas Light 
Company, for the purpose of manufacturing and selling gas Purpose. 
in the iovm. of Taunton ; with all the powers and privileges, 
and subject to all the duties, liabilities and restrictions, set 
forth in the thii-ty-eighth and forty-fourth chapters of the E-e- 
■\ased Statutes. 

Sect. 2. Said corporation may, for the purpose aforesaid, Real estate 
hold real estate not exceeding in value fifty thousand dollars, capital sioo,ooo. 
and the whole capital stock shall not exceed one hundred thou- 
sand dollars. 

Sect. 3. Said corporation with the consent of the select- May open 
men of the town of Taunton, shall have power and authority pipes, etc. 
to open the ground in any part of the streets, lanes, and high- 
ways in the said town, for the piu-pose of sinking and repair- 
ing such pipes and conductors as it may be necessaiy to sink 
for the purpose aforesaid -, and the corporation, after opening 
the ground in such streets, lanes, and highways, shall be held 
to put the same again into repah, under the penalty of being- 
prosecuted for a nuisance : provided that the said selectmen. Provided. 
for the time being, shall at all times have the power to regu- 
late, restrict and control the acts and doings of the said cor- 
poration, which may in any manner affect the health, safety 
and convenience of the inhabitants of said town. 

Sect. 4. No shares in the capital stock of said corporation vaiue of shares 
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. 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 11, 1853.] 



354 



1853.- 



-Chap. 4—6. 



Chap, 4 



Name changed. 



Chap. 5 



County 

Commissioners 
may estimate 
damages. 



In case of appeal 
a jury shall be 
simimoned. 



Assessment of 
damages. 



Chap. 6 



Corp orators. 



An Act to change the Name of the Andover Listitution for Savings. 

Tie it enacted hy the Senate and House of Representatives, 
in General Court assembled, and hy the authority of the same, 
as follows: 

The Andorer Institution for Savings, incorporated April 
second, one tliousand eight hundred and tliirty-four, shall be 
hereafter known and called by the name of " The Andover 
Savings Bank." [ApjJroved by the Governor, February 11, 
1853.] 

An Act relating to Raih-oad and Highway Damages in certain cases. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. In all cases in which the owner of lands, lying 
contiguous and in different counties, has suffered damage, or 
may hereafter suffer damage, by reason of the laying out, and 
making and maintaining of any railroad or highway through 
the same, such owner may have his damages estimated by the 
county commissioners of any county, in which a portion of 
said lands, taken for the use of such railroad or highway, is 
situated ; and the county commissioners of that county, in 
which any portion of lands so taken is situated, to whom ap- 
plication shall be first made to estimate such damages, shall 
have exclusive jurisdiction of the whole subject-matter of such 
application. 

Sect. 2. In case of an appeal by either party from the 
award of the county commissioners, in any case arising under 
the provisions of the preceding section, a jury shall be drawn, 
summoned and returned, from the county in which said 
commissioners reside, in like manner as is now provided by 
laAV, when lands taken as aforesaid lie wholly in the same 
county ; and such jury shall estimate the entire damages sus- 
tained, in the same manner as though such lands were situat- 
ed in one county only. 

Sect. 3. Nothing in this act contained shall be so con- 
strued as to extend the time now limited by law for an ap- 
plication by any party for the assessment of damages. [Ap- 
proved by the Governor, February 11, 1853.] 

An Act to incorporate the Pentucket Mutual Fire Lisurauce Company. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and hy the authority of the same, 
as follows : 

Sect. 1. William H. Hewes, Caleb D. Hunking and Ca- 
leb Hersey, their associates and successors, ai'e hereby made a 



1853. Chap. 6—7. 355 

corporation, by the name of tlic Pcntucket Mutual Fii'e Insur- 
ance Company, in the town of Haverhill, for the term of 
twenty-eight years, for the purpose of insuring, on the mutual Purpose. 
princi2)le, dwellings, stores, manufactories, mills, shops, tan- 
neries, public buildings, taverns, stables, and other buildings 
and their contents, and other property, real or personal, 
against loss or damage by fire, with all the powers and privi- privileges and 
leges, and subject to all the duties, liabilities and restrictions, i>a^b»ii*»«8- 
set forth in the thirty-seventh and forty-fourth chapters of the 
Revised Statutes, and all statutes subsequently passed, relat- 
ing to mutual fire insurance companies : jpromded, that no pol- Provided, 
icy shall be issued by this company, until the sum of one 
hundred thousand dollars shall have been subscribed to be 
insured. 

Sect. 2. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 12, 1853.] 



Chap. 7 



An Act in addition to " An Act to authorize the City of Charlestown 
and others to fill up certain Flats in Mystic River." 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The provision in the last clause of the fu'st sec- Release of flats. 
tion of said act shall be construed to require a release only of 
such flats as lie between the north channel and a line par- 
allel to, and distant two hundred feet northeasterly from, the 
first-described line in said act. 

Sect. 2. The sea-wall mentioned in the first section of sea ^aii— hoir 
said act shall be built throughout the lines prescribed in said ^"^'' 
section, below the southeasterly line of Johnson's AVharf ex- 
tended to the main channel ; and with the consent of the 
shore owners on the south channel above Elm street, said 
wall may be extended from the prescribed point of tormina- waii may be 
tion, across said south channel, to the shore in the line of the ^^ "^ "^ ■ 
northwesterly side of said Elm street. 

Sect. 3. The capital stock allowed by said act is hereby capital stock 

, •*■ */ »' increased. 

increased by an amount not exceeding three hundred thousand 
dollars. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 12, 1853.] 



356 



1853.- 



-Chap. 8—9. 



Chap. 8 



Corporators. 



To manufacture 
gas in Haverhill. 
Privileges and 
liabilities. 



Real estate 

$50,000. 



Capital $100,000 



May open 
ground, sink 
pipes, etc. 



Penalty. 
Provided. 



Value of shares. 



An Act to incorporate the Haverhill Gas-Light Company. 
5e it enacted hy the Senate and House of Representatives, 
in General Court assembled, and hy the authority of the same, 
as follows : 

Sect. 1. Francis G. Macy, George Odiorne, George B. 
Parrott, their associates and successors, are hereby made a 
corporation, by the name of the Haverhill Gas-Light Com- 
pany, for the purpose of manufactui-ing and selling gas, in the 
village of Haverhill ; with all the povs^ers and privileges, and 
subject to all the duties, liabilities and restrictions, set forth 
in the thiity-eighth and forty-fourth chajjters of the Revised 
Statutes. 

Sect. 2. Said corporation may, for the purpose aforesaid, 
hold real estate not exceeding in value fifty thousand dollars ; 
and the whole capital stock shall not exceed one hundred 
thousand dollars. 

Sect. 3. Said corporation, with the consent of the select- 
men of the town of Haverhill, shall have power to open the 
ground in any part of the streets, highways and lanes in the 
said town, for the purpose of sinking and repamng such pipes 
and conductors as it may be necessary to sink for the purpose 
aforesaid ; and the corporation, after opening the ground in 
such streets, lanes and highways, shall be held to put the same 
again into repair, under the penalty of being prosecuted for a 
nuisance : provided, that the said selectmen, for the time be- 
ing, shall at all times have the power to regulate, restrict and 
control the acts and doings of the said corporation, which may 
in any manner aifect the health, safety or convenience of the 
inhabitants of the said town. 

Sect. 4. No shares in the capital stock of said corporation 
shall be issued for a less sum or amount, to be actually p;iid 
in on each, than the par value of the shares which shall be 
first issued. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 12, 1853.] 



Chap. 9 



Location. 



Inconfistent 
acts repealed. 



An Act to authorize the Cochituate Bank, in Boston, to locate tlieir 
Bank in any part of the city of Boston. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloivs : 

Sect. 1. The president, directors and company of the Co- 
chituate Bank, in Boston, are hereby authorized to locate the 
said bank in any part of the city of Boston. 

Sect. 2. All acts and parts of acts mconsistent hercAvith, 
are herebv repealed. [Approved by the Governor, February 
12, 1853!^] 



1853. Chap. 10—11. 357 

An Act concerning the Globe Mutual Marine Insurance Company. Phnrt 1 A 
IBe it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as folloivs : 

Sect. 1. The Globe Mutual Marine Insurance Company, Additional 

privilcGS. 

in the city of Boston, in addition to its present powers and 
privileges, may make insurance on the mutual principle, against 
losses by fire ; and for this purpose shall have all the powers 
and privileges, and be subject to all the duties, liabilities and 
restrictions, set forth in the thirty-seventh chapter of the Re- 
vised Statutes, and in all subsequent acts relating to mutual 
fire insurance companies. 

Sect 2. If the said company shall file a notice of its ac- Notice of accep- 
ceptance of its act of incorporation, passed on the thirteenth 
day of April, in the year one thousand eight hundi-ed and fif- 
ty-two, with the secretary of the Commonwealth, within thir- 
ty days after the passage of tliis act, it shall be deemed to 
have fully complied, to all intents and purposes, with the 
provisions of the twenty-first chapter of the acts of the year 
one thousand eight hundred and forty -two, entitled " An Act 
concerning Insurance Companies." 

Sect. 3. The said company shall hereafter be known and ^^ame. 
called by the name of the Globe Insurance Company. 

Sect. 4. This act shall take eifect on and after its accept- Takes effect. 
ance, by a vote of a majority of the members of said com- 
pany present, and voting at a legal meeting called for that 
purpose. [Approved by the Governor, February 12, 1853.] 

An Act to incorporate the City Wharf Company in Boston. 0/lWD 11 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Josiah Quincy, Ellis Gray Loring and John E. corporators. 
Thayer, their associates and successors, are hereby made a cor- 
poration, by the name of the City Wharf Company ; with 
power to purchase and hold, in fee simple or otherwise, as May purchase- 
the title may be, any part or the whole of the estate on Com- 3^^^?^*^ '^^^ 
mercial street in Boston, and known as the City Whai'f estate, 
with all the privileges and appurtenances to the same belong- 
ing, and also any rights or estates lying between the Long 
Wharf and the estates of the Commercial Wharf Company 
and of the Mercantile Wharf Corporation, or belonging to 
either of the said corporations. And the said corporation may May construct 
construct docks, and wharves ; lay vessels within, and at the **'"^'"' *''*'■ 



358 



1853. 



-Chap. 11—13. 



ProTided. 



Shares not to 
exceed ten 
hundred. 

Shares 
transferable. 



May assess 
stockholders. 



Shares may be 
sold for 
non-payment 
of assessments. 
Provided. 



Notice of sale — 
how given. 



Surplus proceeds 
to be repaid to 
delinquent. 



Privileges and 
liabilities. 



side thereof, and receive dockage and whai-fage therefor ; erect 
buildings, lay out streets and passage-ways, and improve and 
manage said property for mercantile purposes, in such manner 
as to them shall seem expedient, and may sell and convey the 
same or any part thereof: provided, that notliing herein con- 
tained shall authorize the said corporation to infringe upon the 
legal rights of any person, or to build any wharf or other struc- 
ture on the premises which is not now authorized by law. 

Sect. 2. Said corporation may, at any legal meeting, agree 
upon the number of shai'es not exceeding ten hundred, into 
which their stock shall be divided, wliich shares shall be trans- 
ferable in a book, to be kept by the clerk of the corporation 
for that purpose ; may from time to time assess upon the stock- 
holders such sums of money, not exceeding in the whole one 
thousand dollars on each share, as may be necessary for the 
purchase, improvement and management of their estate, and 
may, in case any stockholder shall neglect to pay any such as- 
sessment, cause such of the shares of said stockholder as may 
be sufficient therefor to be sold, in such manner as the said 
corporation may, by their laws, determine : provided, however, 
such sale shall be by public auction to the highest bidder, 
after giving notice of the time and place , appointed for such 
sale and the sum due on each share, by advertising the same, 
three weeks successively, in some newspaper prmted in Bos- 
ton ; and the surplus proceeds of such sale, above the assess- 
ment so due, with interest and charges of sale, shall be repaid 
to such delinquent stockholder. 

Sect. 3. Said corporation shall have all the powers and 
privileges, and be subject to all the duties, restrictions and Ha- 
bilities, contained in the forty -fouilh chapter of the Re\ised 
Statutes. [Approved by the Governor, February 18, 1853.] 



Chap. 12 



Capital increased 
$200,000. 



$100,000 in 
real estate. 



Provided. 



All Act to increase the Capital Stock of the Boston and Sandwich Glass 

Company. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The Boston and Sandwich Glass Company is hereby author- 
ized to increase its capital stock, by adding thereto two hun- 
di'Cd thousand dollars, and to invest such portion thereof in 
real estate, not exceeding one hundred thousand dollars, as 
may be necessaiy and convenient to carry on the business for 
which the said company was incorporated : 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. [AjJproved by the Governor, February 18, 1853.] 



185,3. CiiAP. 13—14. 359 

An Act to incorporate the East Boston Gas Company. Chntt 1 ^ 

7?c it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as foUows : 

Sect. 1. George H. Plummer, Samuel Curtis, James T. Corporators. 
Fisher, their associates and successors, are hereby made a cor- 
poration, by the name of the East Boston Gas Company ; for 
the purpose of manufacturing and selling gas, in that part of 
the city of Boston called East Boston ; with all the powers Privileges and 
and privileges, and subject to all the duties, restrictions and '^"'"'^' 
liabilities, set forth in the thirty-eighth and forty-fourth chap- 
ters of the Revised Statutes. 

Sect. 2. Said corporation may, for the purpose aforesaid, '^f^J^"^*^ ^^^^ 
hold real estate not exceeding in value fifty thousand dollars, 
and the whole capital stock shall not exceed one hundi'ed and Capital $150,000. 
fifty thousand dollars. 

Sect. 3. Said coiTJoration shall have power and authority May open f^round 
to open the ground m any part 01 the streets, lanes and high- 
ways, in said East Boston, with the consent of the mayor and 
aldermen of said city of Boston, for the purpose of sinking 
and repairing such pipes and conductors as it may be necessary 
to sink for the purpose aforesaid, and the said corporation, 
after opening the ground in said streets, lanes and highways, 
shall be holden to put the same into repair, under the penalty Penalty, 
of being prosecuted for a nuisance : provided, that the mayor Provided. 
and aldermen of the said city of Boston, for the time being, 
shall, at all times, have the power to regulate, restrict and 
control the acts and doings of said corporation, wdiich may in 
any manner affect the health, safety or convenience of the in- 
habitants of the said cit}-. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 19, 1853.] 

An Act to change the Name and amend the Charter of the East Boston rij,^^ 1 A 
Iron and Gas Company. vnajJ. J.* 

Be it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, as 
follows : 

Sect. 1. The East Boston Iron and Gas Company is hereby change of name. 
authorized to take the name of the East Boston Iron Com- 
pany. 

Sect. 2. Said coi-poration shall continue to have all the Pnyiioges and 
powers and privileges, and be subject to all the duties, re- g^^',*! ^^t 
strictions and liabilities, which it now^ has and is subject to, ""•;'n"<"'«^'"''« °' 

' ~ 8cll gaj;. 

With the exception that it shall not hereafter manufacture or 
sell gas. 



360 



1853. 



-Chap. 14—16. 



Original 
act repealed. 



Sect. 3. So much of an act entitled " An Act to incorpo- 
rate the Massachusetts Solar Gas and Foundiy Company," 
passed on the eighteenth day of February, in the year one 
thousand eight hundi'ed and forty-seven, as is inconsistent 
hercAvith is hereby repealed. [Aj)proved by the Governor, 
February 19, 1853.] 



Chttp. 15 ^^ -^^^ ^° incorporate the Metropolitan Fire and Marine Insurance 
■^ Company. 

JBe it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, as 
follows : 

Sect. 1. Eben Cutler, Charles Scudder, and E.. W. Hol- 
man, their associates and successors, are hereby made a corpo- 
ration, for the term of tAventy years from the passage of this act, 
by the name of the ISIetropolitan Fire and Marine Insurance 
Company, to be established in the city of Boston, for the pur- 
pose of making insurance against losses by fire and against 
maritime losses ; with all the powers and privileges, and sub- 
ject to all the duties, liabilities and restrictions, set forth in 
the thirty-seventh and forty-fourth chapters of the Revised 
Statutes, and all other general laws which are now or may 
hereafter be in force relative to insurance companies. 

Sect. 2. The said corporation shall have a capital stock of 
to*l500,m^'^^'^ two hundred thousand dollars, divided into shares of one hun- 
dred dollars each, with liberty to pay in and increase the 
same to any amount not exceeding five hundred thousand 
dollars. [Approved by the Governor, February 19, 1853.] 



Corporators. 



Name. 



May insure 
against fire and 
marine losses. 

Powers 

privileges, duties 
and restrictions. 



Capital $200,000, 



Chaj). 16 



Capital 
increased. 



How invested. 



Provided. 



An Act to increase the Capital Stock of the Wamsutta Mills. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The AYamsutta ISIills are hereby authorized to increase their 
capital stock, by adding thereto a sum not exceeding three 
hundred thousand dollars, and to invest such portion thereof 
in real and personal estate, as may be necessary and conve- 
nient for the purposes for which they have been incorporated ; 
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, 
February 19, 1853.] 



1853. Chap. 17—18. 361 

An Act to incorporate the Brookline Gas Light Company. iyhdj). 17 

He it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect, 1. Harrison. Fay, John N. Turner, Charles "VV. Scud- corporatow. 
der, their associates and successors, are hereby made a corpo- 
ration, by the name of the BrookHne Gas Light Company, for 
the purpose of making and selHng gas, in the town of Brook- *^ay ^'^^^ *°d 
line ; with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities, set forth in the tliirty-eighth powers, etc. 
and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Siiid corporation may hold such real and personal May hold real 

1 ■, . p , ^ and personal 

estate, as may be necessary and. convenient lor the purpose estate. 
aforesaid, not exceeding in value the sum of one hundred 
thousand dollars. 

Sect. 3. No shares in the capital stock of said company shares not to be 
shall be issued for a less sum or amount, to be actually paid than par value 
in on each, than the par value of the shares which shall be Lued!'^^ 
first issued. 

Sect. 4. Said corporation, with the consent of the select- May open the 
men of the town of Brookline, shall have power and authority pipes" etc."^ 
to open the ground in any part of the streets, lanes and high- 
ways in said town, for the purpose of sinking and repairing 
such pipes and conductors as it may be necessary to sink for 
the purpose aforesaid ; and the said company, after opening 
the ground in said streets, lanes and highAvays, shall be held 
to put the same again in repair, under the penalty of being 
prosecuted for a nuisance : provided, that said selectmen, for provided, 
the time being, shall at all times have the power to regulate, Selectmen may 
restrict and control the acts and doings of said company, ^^^^ ««)«•=• 
which may, in any manner, affect the health, safety or conve- 
nience of the inhabitants of said town. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 19, 1853.] 

An Act to incoi-porate the Gloucester Gas Light Company. v/lCtp. xO 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. George Odiorne, George B. Parrott, and William corporators. 
F. Parrott, their associates and successors, are hereby made a 
corporation, by the name of the Gloucester Gas Light Com- Tomakoand seiL 
pany, for the purpose of making and selling gas in the town s'-^- 
of Gloucester ; with all the powers and privileges, and subject 

90 



362 1853. Chap. 18—19. 

to all the duties, restrictions and liabilities, set forth in the 

thirty-eighth and forty-fourth chapters of the Revised Statutes. 

to exe'cVd""'^ ""' Sect. 2. The Capital stock of said company shall not ex- 

$100,000. cced one hundred thousand dollars : and said corporation may 

Keal estate not to ,,, , T-irriiin 

exceed $50,000. hold rcal estate not exceeding in value nity thousand dollars. 
No shares issued Sect. 3. No sharcs iu the capital stock of said company 

for less than par • i /• i i n -j 

value of shares shall be issucd lor a less sum or amount, to be actually paid 
in on each, than the par value of the shares which shall be 
first issued. 

May open the Sect, 4. Said Corporation, with the consent of the select- 

groun ay pipes, ^^^^ ^^ ^^^ towu of Glouccster, shall have power and author- 
ity to open the ground in any part of the streets, lanes and 
highways in said town, for the purpose of sinking and repaii*- 
ing such pipes and conductors as it may be necessary to sink 
for the purpose aforesaid ; and the said corporation, after 
opening the ground in said streets, lanes and highways, shall 
be held to put the same into rejDair, under the penalty of 

Provided. being prosccuted for a nuisance: provided, that the said se- 

lectmen, for the time being, shall at all times have the power 

Power of to rcgulatc, restrict and control, all the acts and doings of said 

selectmen. corporation, which may in any manner affect the health, 

safety and convenience of the inhabitants of the said town. 

Takes effect. Sect. 5. Tliis act shall take effect from and after its pas- 

sage. [Approved by the Governor, February 19, 1853.] 

/77 -I A An Act to authorize the Fitchburt;- and Worcester Railroad Company to 
Ly/mp. IJ issue PrefeWed Stock. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Additional issue Sect. 1. The Fitcliburg aiid "Worcester Kailroad Com- 

of preferred stock. i -t i.^ • j j. • i i ij j nr^. 

pany are hereby authorized to issue ten hundred and hity- 
three shares of preferred stock, in addition to the one thou- 
sand shares authorized by the act, passed the twenty-ninth day 
of April, in the year one thousand eight hundred and fifty-one, 
of one hundi-ed dollars each, upon which they may guarantee 
Semi-annual the payment of three per cent semi-annually to the holders 
^nr^uarlntee" thereof, to be paid out of the profits of the company : provi- 
ded, however, that the said company shall not dispose of any 
of the stock authorized by this act at less than its par value. 
Both issues to Sect. 2. The stock authorized by the first section of this 

receive equal ^Lct, and the preferred stock authorized by the act passed the 

dividend.*. ' -it c \ •^ • i ii-i 

tAventy-ninth day oi April, in the year one thousand eight 
hundred and fifty-one, shall be entitled to receive equal divi- 
dends. 



1853. Chap. 19—20. 363 

Sect. 3. Holders of iniprcferred shares of stock in said Holders of unpre- 
company, shall have the exclusive right to subscribe for and subscribe^etc",*^ 
take the stock authorized by this act, until the first day of 
June, in the year one thousand eight hundred and fifty-four, 
in the proportion of one shai-e to each shaie of unpreferred 
stock held by thcni at the time of subscribing. 

Sect. 4. Whenever any holder of unpreferred stock shall shareholders to 
take a share of the stock authorized by the first section of this certificates. 
act, and pay for it according to the provisions thereof, he shall 
have the privilege of surrendering his certificate of one un- 
preferred share, and receive instead thereof a certificate of new 
stock, "which shall be denominated second class preferred Second class pre- 
stock, and shall be entitled to such semi-annual dividends as 
can be paid out of the earnings of the road, after paying inter- 
est on the unpaid debts of the company and three per cent, 
semi-annual dividends on the preferred stock which shall have 
been issued : provided, however, that the dividends on the Provided, 
second class preferred stock, authorized by this section, shall, 
not exceed the dividends on the preferred stock. 

Sect. 5. If, at any time after the passage of this act, the ah stock to be 

. . . JT o ' _ classed alike. 

company shall be in a condition to pay three per cent, semi- 
annual dividends, or more, on all its stock which shall have 
been issued, then and for that purpose all said stock shall 
be classed alike and receive the same dividends. 

Sect. 6. This act shall take effect when it shall have been when to take 
accepted by a vote of tkree-fourths of the stockholders, pres- * ^'^*' 
ent and voting at a meeting duly called for that purpose. 
[Approved by the Governor, February 21, 1853.] 

An Act to incorporate the Webster Fire and Marine Insurance Com- Chttf). 20 

pany. ■* 

Tie it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Tisdale Drake, Lewis Rice and Osmyn Brewster, Corporators. 
their associates and successors, are hereby made a corporation, 
for the term of twenty years fi-om the passage of this act, by 
the name of the Webster Fu"e and Mai'ine Insurance Company, 
to be established in the city of Boston, for the purpose of mak- To insure fire and 

. , T ^ n 1 • . • • marine risks. 

mg insurance against losses by nre and against maritime 

losses, with all the poM'ers and privilesres, and subicct to all Powers and 

, 1 . ,. ..... ^ , . .^ " , , . ,*' , . privileges, duties 

the duties, lial)ilitics and restrictions, set forth m tlie thirty- and restricUons. 
seventh and forty-fourth chapters of the Revised Statutes, and 
all other general laws, which are now or may hereafter be in 
force, relative to insurance companies. 



364 



1853.- 



-Chap. 20—21. 



Capital stock. 

•15100,000. 

May increase to 

S300,000. 

Each share $100. 



Sect. 2. The said corporation shall have a capital stock of 
one hundred thousand dollars, divided into shares of one 
hundred dollars each ; with liberty to pay in and increase the 
same to any amount not exceeding three hundred thousand 
dollars ; and may hold real estate for its use 
twenty thousand dollars. 

Sect. 3. This act shall take effect from and after its pas 
sage. [Approved by the Governor, February 21, 1853.] 



not exceeding 



Chap. 21 



Corporators. 



Making and 
supplying gas. 



May hold real 

and personal 

estate. 

Capital 

$100,000. 

No sliares issued 

for less than par 

value of shares 

first issued. 

May open the 
ground lay, 
pipes, etc. 



Provided. 



An Act to incorporate the Pittsfield Coal Gas Company. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. George S. Willis, Heniy Colt and Thomas F. 
Plunkett, their associates and successors, are hereby made a 
corporation, by the name of the Pittsfield Coal Gas Company, 
for the purpose of erecting gas works and manufacturing gas, 
in the town of Pittsfield, in the county of Berkshire, and sup- 
plying the said town and the inhabitants thereof with the 
same ; with all the rights and privileges, and subject to all 
the duties, liabilities and restrictions, set forth in the thirty- 
eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. Said corporation may take and hold such real 
and personal estate, as may be necessary for the purpose 
aforesaid ; but the capital stock of said company shall not ex- 
ceed one hundred thousand dollars, and no shares in the capi- 
tal stock shall be issued for a less sum or amount, to be paid 
in on each, than the par value of the shares first issued. 

Sect. 3. The said corporation, with the consent of the se- 
lectmen of the said town, shall have power and authority to 
open the ground in any part of the streets, lanes and high- 
ways of the said town, for the purpose of sinking and repair- 
ing such pipes and conductors, as it may be necessary to sink 
for the purpose aforesaid ; and the said corporation, after 
opening the ground in such streets, lanes and highways, shall 
be held to put the same in repair again, under the penalty of 
being prosecuted for a nuisance : provided, that the said se- 
lectmen, for the time being, shall at all times have the power 
to regulate, restrict and control the acts and doings of the said 
corporation, which may in any manner affect the health, safe- 
ty or convenience of the inhabitants of the said town. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Ajyproved by the Governor, February 23, 1853.] 



1853. Chap. 22—24. 365 

An Act to confirm certain Acts done by Joseph Ciimmings as Justice of Chap. 22 

the Peace. ^ 

Be it enacted by the Seriate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

All acts done by Joseph Ciimmings, of Ware, in the Acts made valid 
county of Hampshire, as a justice of the peace within and for "" 
said county of Hampshire, between the first day of March, in 
the year one thousand eight hundred and fifty-two, and the 
first day of July, of the same year, be, and they hereby aie, 
made valid and confirmed, to the same extent as they would 
have been valid, had he been during that interval duly quali- 
fied to discharge the duties of the said office. [Approved by 
the Governor, February 23, 1853.] 

An Act concerning Decress of Alimony. Ohctp. 23 

Be it enacted by the Senate and House of Representatives, 

in General Court assembled, and by the authority of the same, 

as follows : 

Sect. 1. The Supreme Judicial Court shall have power. Supreme Judicial 

- 1 />!• ini 1 111 Court may decree 

after any decree of divorce shall have been granted, by tne alimony upon 

said court, upon the libel or suit of any married woman, to ^^ ' '°"' 

make at any time, upon petition or proper process therefor, 

any such decree of or respecting alimony, or other provision 

for her maintenance, or for the benefit of the children of the 

piuties, as the said court might have made in the original suit ; 

notwithstanding no such decree of alimony or other provision 

were made in the original decree of divorce, or prayed for in 

such libel or suit : and the coui't, from time to time, may re- '^°"'"' may >-evise 

' •' _ • 1 decree if circum- 

vise and alter any such decree, as the circumstances of the stances require, 
pai-ties and the benefit of their children shall require. 

Sect. 2. Upon every such petition for a decree, or for the ^°^*^ awarded. 
revision or alteration o£ a decree, the court may award costs 
to either part)', as justice and equity shall requu-e. [Approved 
by the Governor, February 23, 1853.] 

An Act to authorize the Charlestovvn Gas Company to extend their ChdP. 24 
Pipes and Conductors into the Town of Somerville. -* * 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Charlestown Gas Company are hereby author- May supply 
ized to extend their pipes and conductors into the town of g°™"" ®^' 
Somerville, for the purpose of supplying the inhabitants of said 

30* 



366 1853. Chap. 24—26 

tOAvn with gas ; and for this purpose, said corporation, with the 
consent of the selectmen of the said town, shall have power 
and authority to open the ground in any part of the streets, 

May open laucs and highways in said town, for the purpose of sinking and 

grouna,iay pipes, j-gpf^^j-ji^g g^ch pipos and conductors as it may be necessary to 
sink for the purpose aforesaid. And the said corporation, 
after opening the ground in such streets, lanes and highways, 
shall be held to put the same again in repair, under the 

Provided. penalty of being prosecuted for a nuisance : provided, that the 

said selectmen, for the time being, shall have power at all 
times to regulate, restrict and control the acts and doings of 
said corporation in said town, which may in any manner affect 
the health, safety or convenience of the inhabitants thereof. 

Takes effect. Sect. 2. Tliis act shall take effect from and after its pas- 

sage. [Approved by the Governor, February 2'S, 1853.] 

CllCLV 25 ■^^ ^^^ concerning the Norfolk County Railroad Company. 

_Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as folloivs : 

May unite with Sect. 1. The Norfolk Couuty Railroad Company are lierc- 

iiaiiroad. by authorized and empowered to unite their railroad, by prop- 

er turnouts and switches, with the Dedham Branch Railroad, 
now constructed and maintained by the Boston and Providence 
Railroad Corporation, through West Roxbury, to said Boston 

May use, etc. and Provideuce Railroad, at the Toll Gate station, and also to 
use said Dedham Branch Railroad, and said Boston and Prov- 

Agreeabiy to the idcucc Railroad, agreeably to the provisions of the general 
statutes of the Commonwealth, regulating the use of railroads 
in such cases, and all such statutes, that shall hereafter be 
passed, relating to such use. 

Sect. 2. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 23, 1853.] 

ClldB. 26 •'^" ^^^ ^" addition to "An Act to incorporate the Newton Theological 
^' Institution." 

Re it enacted by the Senate and Hou^e of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Not more than 48 Sect. 1. The act to incorporate the Newton Theological 
than as. ^°' *** Institution, passed in the year eighteen hundred and twenty- 
six, is so far amended, that the number of trustees shall here- 
after never exceed forty-eight, nor be less than thirty-six. 
Members of Sect. 2. The trustees of said institution may, if they think 

board — how •' •' 

chosen. 



1853. Chap. 26—28. 367 

fit, give the power of filling vacancies in their board to some 
other corporation or body of persons beside themselves, and 
may prescribe the mode in which elections shall be made, and May prescibe 
may also provide that members of the board shall be chosen imiito°/eieTtfons. 
for a prescribed limited period ; and make any other reasona- 
ble regulations in regard to the election of members of the 
board and their term of office, and change the same whenever 
thev judge it expedient. [Approved by the Governor, Feb- 
rmnj 23, 1853.] 

An Act to prevent Gambling in and about Muster-Fields, and Places of 1 ' * 
Public Gathering. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect, 1. Any person who, during the time of, or within S°pubuf^a^es"5 
twelve hours of the time of holding any cattle-show, military 
muster or public gathering, shall, within one mile of the place 
of such show, muster or gathering, practise or engage in any 
gambling or unlawful game, shall forfeit for each offence a 
sum not exceeding twenty dollars, to be recovered on com- 
plaint made to any justice of the peace of the county in which 
the oflfence is committed. 

Sect. 2. Any person, who shall be discovered in the act Mode of arrest. 
of violating the provisions of the first section of this act, may 
be arrested by any sheriff, deputy sheriff, constable or other ^^y be 
civil officer, and thereupon be lawfully detained, by imprison- ii"P"so»ied. 
ment in jail or otherwise, until a complaint can be made against 
him for the offence of which he was arrested, and he be taken 
on a warrant issued upon such complaint : provided, that such ProTided. 
arrest and detention, without warrant, shall not continue be- 
yond the space of twenty-four hours. [Approved by the 
Governor, February 23, 1853.] 

An Act to extend the Act incorporating the Plymouth County Mutual Chap. 28 
Fire Insurance Company. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
OS follows : 

The act passed on the twenty-eisjhth dav of Februarv, in incorporation 

1 1 • 1 1 T 1 1 ^ • 1 ^ continued to 

the year one thousand eight hundred and tAventy-eight, en- Feb. 28, 1884. 
titled an act to incorporate the Plymouth County Mutual Fu-e 
Insurance Company, shall be and remain in force for the term 
of tAventy-eight years, from and after the twenty-seventh day 
of Fcbruaiy, in the year one thousand eight hundred and fif- 
ty-six ; and the said company shall be continued as a corpor- 



368 



1853.- 



-Chap. 28—29. 



Powers and 
privileges. 



ation, with all the powers and privileges granted to the same, 
by an act in addition to the act aforesaid, passed on the thir- 
tieth day of January, in the year one thousand eight hundred 
and thirty-two ; and also with all the powers and privileges, 
and subject to all the duties, liabilities and restrictions, set 
forth in the thirty-seventh and forty-fourth chapters of the 
Revised Statutes, and all other general laws which are now 
or may hereafter be in force, applicable to insurance compa- 
nies. [Approved by the Governor, February 23, 1853.] 



C7iaj?. 29 



Corporators. 



To make and sell 
gas in Brighton. 



Capital stock 
$50,000. 
Real estate may 
equal SflSjOOO. 

No shares issued 
for less than par 
value of shares 
first issued. 



May open ground 
lay pipes, etc. 



Provided. 



An Act to incorporate the Brighton Gas Light Company. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. William G. Wilson, N. W. Turner, and Freder- 
ick S. Jones, their associates and successors, are hereby made 
a corporation, by the name of the Brighton Gas Light Com- 
pany, for the purpose of making and selling gas in the town 
of Brighton, with all the powers and privileges, and subject 
to all the duties, restrictions, and liabilities, set forth in the 
thirty -eighth and forty-fourth chapters of the Revised Statutes. 

Sect. 2. The capital stock of said company shall not ex- 
ceed fifty thousand dollars, and said corporation may hold real 
estate not exceeding in value fifteen thousand dollars. 

Sect. 3. No shai-es in the capital stock of said company 
shall be issued for a less sum or amount to be actually j)aid in 
on each, than the par value of the shares which shall be first 
issued. 

Sect. 4. Said corporation, with the consent of the select- 
men of the town of Brighton, shall have power and authority 
to open the ground in any part of the streets, lanes, and high- 
ways in said town, for the purpose of sinking and repairing 
such pipes and conductors as it may be necessary to sink for 
the purpose aforesaid ; and the said corporation, after opening 
the ground in said streets, lanes, and highways, shall be held 
to put the same into repair, under the penalty of being prose- 
cuted for a nuisance : provided, that the said selectmen for the 
time being, shall at all times have the power to regulate, re- 
strict and control all the acts and doings of said corporation, 
which may in any manner affect the health, safety and conve- 
nience of the inhabitants of the said town. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 23, 1853.] 



1853. Chap. 30—32. 369 

An Act to authorize the IVlatfield Manufacturing Company to manufac- Chdl). 30 
ture certain kinds of Machinery and to increase its Capital Stock. -^ " 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Matfield jSIanufactviring Company is hereby fopj'^n^t^g 
authorized to make every description of locomotive machinery, machinery. 

Sect. 2. The said company is also authorized to increase caplurstock 
its capital stock, by adding thereto a sum not exceeding one ^^' *ioo,ooo. 
hundred thousand dollars, and to invest fifty thousand dollars «50,ooo in real 
of the said sum in real estate : provided, that no shares of said pro^j^ed 
capital stock shall be issued for a less sum or amount, to be 
actually paid in on each, than the par value of the shares first 
issued. 

Sect. 3. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, February 25, 1853.] 

An Act concerning the Adoption of Children. Chat) 31 

J5e it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

When a petition is presented to the judge of probate, for petition for 
the adoption of a child, according to the provisions of " An Act chiid!'°'^ ° ^ 
to proA'ide for the Adoption of Children," passed on the twenty- 
fourth day of May, in the year one thousand eight hundred and 
fifty-one, such child having no knoAvn parent or next of kin, 
and no legal guardian, — the judge of probate may appoint some j^^g^ of probate 
discreet and suitable person to act in the proceedings as the ^'^y appoint 

, . • • 1 1 1 1 some discreet 

next friend of such child, and to give or withold the consent person to act. 
required by the second section of the act aforesaid ; and in 
such case, notice of the petition shall be given, by the publi- Notice to be 
cation thereof three weeks successively before the day of hear- p" ^ "^ • 
ing thereof, in some newspaper published in the Common- 
wealth. [Approved by the Governor, February 25, 1853.] 

An Act to alter the Dividing Line of the Towns of Lincoln and Lexington. (^Lnn 32 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The dividing line of the towns of Lexington and Lincoln Division line 
is hereby altered and established as follows, viz : Beginning at nuw line 
the stone monument at the corner of the towns of Waltham, '^^^'^^ " 
Lincoln and Lexington, and running north, sixteen degrees 
and fifty-eight minutes east, one huncbcd and twenty-two and 



370 



1853. 



-Chap. 32—35. 



six-tenths rods, to the northerly side of the county road lead- 
ing from Lexington to Weston ; thence north, one degree and 
forty-seven minutes west, one hundi-ed and sixty-two and four- 
one-hundreth rods, to a stone monument on the hill near the 
house of Charles Brown in Lincoln ; thence by the dividing 
line of said towns, as heretofore established, to the corner of 
the towns of Lincoln, Lexington and Bedford. [Approved 
by the Governor, February 28, 1853.] 

An Act to secure more Equal Taxation. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

In addition to the statement now required by the ninety- 
thrma"rkerva^ue eighth chapter of the statutes, passed in the year eighteen 
hundred and forty-three, and the three hundred and eighth 
chapter of the statutes, passed in the year eighteen hundi-ed 
and fifty, to be made by certain corporations therein named, 
in their returns to the assessors of taxes ; such returns shall 
firrther contain a statement, according to the best knowledge 
and belief of the officer making them, of the cash market 
value of all shares named in such returns at the time of 
making the same. [Approved by the Governor, February 
28, 1853.] 



Chap. 33 



Corporations to 
make returns of 



Chap. 34 



Convicts not to 
be confined, etc. 



Sheriff and 
overseers to be 
informed 



An Act in i-elation to the Powers and Duties of Jailers and Masters of 
Houses of Correction. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

No keeper of any jail, nor master of any house of correc- 
tion, shall confine by solitary imprisonment, any convict in his 
custody, for more than three days at any one time, without 
informing the sheriff of the county, or the overseers of the 
house of correction, of such confinement and the reasons 
therefor. [Approved by the Governor, February 28, 1853.] 



Chap. 35 



Corporators. 



An Act to incorporate the Lynn Gas Light Company. 
Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : - . 

Sect. 1. James N. Buffum, Gardner Warren, Stephen 
Oliver, Jr., George W. Keene and Nathan Breed, their asso- 
ciates and successors, are hereby made a corporation, by the 



1853. Chap. 35—36. 371 

name of the Lynn Gas Light Company, for the purpose of 
making and selling gas in the city of Lynn ; with all the To make and 
powers and privileges, and subject to all the duties, restric- ^""^ ^'^' 
tious and liabilities, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2. The capital stock of said company shall not ex- capital stock not 
cecd two hundred thousand dollars ; and said corporation |2"oo,ooo.'' 
may hold real estate not exceeding in value one hundred ^eai estate not 

.1 ' 1 J n more than 

thousand dollars. «;ioo,ooo. 

Sect. 3. No shares in the capital stock of said company no stock issued 
shall be issued for a less sum or amount to be actually paid in ""^'^^ p'*'' 
on each, than the par value of the shares which shall be first 
issued. 

Sect. 4. Said corporation, with the consent of the mayor May lay and 
and aldermen of the city of Lynn, shall have power and ^u- '"'^''''" ^'^*''' 
thority to open the ground in any part of the streets, lanes, 
and highways, in said city, for the purpose of sinking and re- 
pairing such pipes and conductors as it may be necessaiy to 
sink for the purpose aforesaid ; and the said corporation, after 
opening the ground, in said streets, lanes, and highways, shall 
be held to put the same into repair, under the penalty of being 
prosecuted for a nuisance ; provided, that the said mayor and Provided. 
aldermen for the time being, shall at all times have the power 
to regulate, restrict and control all the acts and doings of said 
corporation, which may in any manner affect the health, safety 
or convenience of the inhabitants of the said city. 

Sect. 5. This act shall take effect" from and after its pas- 
sage. [Approved by the Governor, February 28, 1853.1 

An Act concerning the Manner of Voting at certain Elections. Chart RPi 

J5e it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. All votes and ballots for Governor, Lieutenant Manner of roting 
Governor, Senators and Eepresentatives of the Common- 
wealth, Electors of President and Vice President of the 
United States, and Representatives in Congress, and all votes 
and ballots to be given at the meetings to be held on the first 
monday of March of the present year for the election of del- 
egates to be chosen under the provisions of an act relating to 
the calling of a convention of delegates of the people for the 
purpose of revising the constitution of the Commonwealth, 
may be deposited in the ballot-box in a sealed envelope, or 
without any envelope, at the option of each voter ; and if in with or without 
any case more than one vote or ballot is found in any one en- "'^"^ "^' 



STZ 



1853. 



-Chap. 36—37. 



Votes may be 
rejected. 



State envelopes to 
be used. 



Inconsistent 
acts repealed. 



velope, bearing the name of the same person, for the same 
office, all but one vote or ballot shall be thrown out ; and if 
tAvo or more votes or ballots be found in one envelope bearing 
the names of different persons for the same office, all such 
votes and ballots shall be rejected ; and any envelope found 
to contain only a blank, shall not be counted as a vote or 
ballot. 

Sect. 2. Self-sealing envelopes of uniform size and color, 
bearing the emblematic seal of the Commonwealth, shall be 
furnished at the expense of the state, (as heretofore, in ac- 
cordance with the provisions of a law passed in the year 1851,) 
to all persons who may desire, at any election hereinbefore 
sjiecified, to deposit their ballots therein, and no other envel- 
opes shall be used at the polls. 

Sect. 3. The act entitled, " An Act for the better Security 
of the Ballot," passed on the twenty-second day of May, in 
the year one thousand eight hundred and fifty-one ; and the 
act entitled " An Act in addition to an Act for the better Se- 
curity of the Ballot," passed on the twentieth day of May, in 
the year one thousand eight hundred and fifty-two, and all 
other acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. 

Sect. 4. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 2, 1853.] 



Chap. 37 



Corporators. 



To construct 
Marine Pvailway. 
Powers and 
privileges. 



Real estate 
fl5,000. 



Officers liable in 
certain cases. 



An Act to incorporate the Beverly Marine Railway. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. F. W. Choate, A. T. Leach, Edward Kilham, 
their associates and successors, are hereby made a corporation, 
by the name of the Beverly INIarine Railway, in Beverly ; — for 
the purpose .of constructing and maintaining a railway, suit- 
able for repairing vessels : — with all the powers and privileges, 
and subject to all the duties, liabilities and restrictions, set forth 
in the forty-fourth chapter of the Revised Statutes. 

Sect. 2. The said corporation may hold real and personal 
estate, necessary for the purpose aforesaid, not exceeding in 
amount fifteen thousand dollars : — provided, that no shares in 
the said corporation shall be issued for a less sum or amount, 
to be actually paid in on each, than the par value thereof when 
first issued. — And the debts of said corporation shall not at 
any time exceed the amount of its cajiital stock actually paid 
in ; and in case of any such excess, the officers contracting 
the same shall be jointly and severally liable therefor. 



1853. Chap. 37—39. 373 

Sect. 3. This act shall in no wise impair the legal rights xorigutsto 
of any person whomsoever. [Approved by the Governor, ® '"*''*'''' 
March 9, 1853.] 

An Act to authorize the City of Boston, to found and maintain a Public (Jl/yjj Qg 

Library. J ' 

Be it enacted by the Senate and House of Representatives, 
171 General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The city of Boston is hereby authorized to found city councu may 
and maintain a Public Libraiy, and to make such expenditures, ™res anr°*'" 
establish such regulations, fix such penalties for the breach reguiationa. 
thereof, and do all such acts and things as may be deemed 
necessaiy or proper to that end ; and the powers hereinbefore 
named, may be exercised by the City Council of the said city, 
in any manner which they may prescribe, and by the agency May appoint an 
of any persons to whom they may delegate the same : provided, p^oYided 
however, that the expenditures hereinbefore mentioned, shall 
not exceed the sum of one hundred and fifty thousand dollars, 
within four years from the first clay of January, in the year 
eighteen hiuidred and fifty -three ; nor the sum of ten thou- 
sand dollai-s in any one year after that time. 

Sect. 2. The fifty-second chapter of the statutes of the Former act 
year eighteen hundred and forty-eight, entitled, " An Act to ^^^^ 
authorize the City of Boston to establish a Public Library," 
is hereby repealed. 

Sect. 3. This act shall take effect from and after its ac- Takes effect. 
ceptance by the Cit}' Council of the said city of Boston. [Ap- 
proved by the Governor, March 12, 1853.] 

An Act to authorize the Salem Gas Light Company to extend their C/iap. 39 

Pipes. ^ ' 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Salem Gas Light Company, a corporation corporation may; 
established by law, are hereby aitthorized to extend their pfpe" to'i)anwr«. 
pipes and conductors into the town of Danvers, and to estab- 
lish a Gasometer in said town, for the purpose of supplying 
the inhabitants of said town with gas : And for this purpose, 
said company, with the consent of the selectmen of said town, 
shall have power and authority to open the ground in any po„„ and 
part of the streets, lanes and highAvays, in said town, for the ""t^^^ity. 
purpose of sinking and repairing such pipes and conductors 
as it may be necessary to sink for the purpose aforesaid : And 



374 



1853.- 



-Chap. 39—42. 



Corporation to 
repair streets. 



Provided. 



Chaj). 40 



PersoBS 
iucorporatcd. 



the said corporation, after opening tlie ground in sucli streets, 
lanes and highways, shall be held to put the same again in 
repair, under the penalty of being prosecuted for a nuisance : 
provided, that the said selectmen for the time being, shall 
have poAver at all times to regulate, restrict and control the 
acts and doings of said company, in said town, which may in 
any manner, affect the health, safety or convenience of the 
inhabitants thereof. 

Sect. 2. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 15, 1853.] 

An Act to incorporate the Cambridgeport Institution for Savings. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

T. B. Bigelow, Benjamin Tilton, George C. Kichardson, 
their associates and successors, are hereby made a corporation, 
by the name of the Cambridgeport Savings Bank, to be es- 
tablished and located in Cambridgeport, with all the powers 
and privileges, and subject to all the duties, liabilities and 
restrictions, set forth in the thirty-sixth chapter of the Revised 
Statutes, and in all other laws of this Commonwealth relating 
to Institutions for Savings. [Approved by the Governor, 
March 15, 1853.] 



Chap. 41 



Wharf may be 
built ia 
Provincetown. 



Provided, etc. 



An Act to authorize James Emery, to build a Wharf. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

James Emeiy is hereby authorized to build and maintain a 
wharf, from his own land, adjoining the harbor of Province- 
town, and to extend the same to eight feet of water at low 
tide, and to lay vessels at the said wharf, and receive wharf- 
age and dockage therefor : provided, that this act shall in no 
wise impair the legal rights of any person. [Approved by the 
Governor, March 15, 1853.] 



Chap. 42 



Corporators. 



An Act to incorporate the Central Square Baptist Society in Boston. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Noah Sturtevant, H. A. Stevens, B. L. Crocker 
and James Cutler, their associates and successors, are hereby 



1853. Chap. 42—44. 375 

made a corporation, by the name of the Central Square Bap- 
tist Society in Boston ; uith all the poAvers and privileges, and 
sxibject to all the duties, restrictions and liabilities, set forth in 
the tAventieth chapter of the Revised Statutes, and in that part 
of the forty-fourth chapter of said statutes Avhich relates to 
]iarishes and religious societies, and also in all other general 
luAvs which relate to parishes and religious societies. 

Sfx'T. 2. Said corporation may hold real and personal ^s*'^*'' ""**" 

. , ^ TCI 1 exceed $40,000. 

estate, or either, to an amount not exceeding lorty thousand 
dollars ; provided, the income thereof shall be applied to pa- P''<'^>'^«d. 
rochial purposes, except so much of said income as may be 
needed to pay the principal and interest of any sums of mon- 
ey Avhich may be hired on mortgage of the real estate of said 
society or otherAvise. 

Sect. 3. This act shall take effect from and after its pas- Takes ciTect. 
sage. [Approved by the Governor, March 15, 1853.] 

An Act to incorporate the Yarmouth-port Ice Company. ChciJ). 43 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Xathaniel S. Simpkins, Amos Otis, JohnEldrich, Corporators. 
their associates and successors, are hereby made a corporation, 
by the name of the Yarmouth -port Ice Company, in the toAvn 
of Yarmouth ; for the purpose of cutting, storing, transjjorting 
and A-cnding ice ; and for tliis purpose they shall have all the Powers and 
poAvers and priA'ileges, and be subject to all the duties, liabil- ^"^ ^^^ ' 
ities and restrictions, set forth in the thirty-eighth and forty- 
fourth chapters of the Revised Statutes. 

Sect. 2. The capital stock of the said corporation shall not capiui not 

to exceed 

exceed fifty thousand dollars, and the same may be invested $50,ooo. 
and held in such real and personal estate as shall be necessary 
and convenient for cariying on the business of said corpora- 
tion ; provided, that no shares in the capital stock shall be is- No stock issued 
sued for a less sum or amount, to be actually paid in on each, 
than the par A'alue of the shares which shall be first issued ; 
and provided, also, that this act shall in no Avise impair the legal No legal rights 
rights of any person. [Approved by the Governor, March 15, 
1853.] 

An Act to change the Name of the South Precinct in BridgeAvater, and Chcip. 44 
for other purposes. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The religious society in the toAvn of Bridge- Title changed. 
AA'atcr in the county of Plymouth, Avhich Avas originally incor- 



376 



1853. 



-Chap. 44—45. 



Transactions 
under former 
name 



porated by tlic name of the South. Precinct in Bridgewater, 
may hereafter take the name of the First Congregational So- 
ciety in Bridgewater. 

Sect. 2. All the previous transactions of said society un- 
ma™ TOiid. dcr or by the name of the First Congregational Society in 
Bridgewater, or any other name they may have used in the 
transaction of their business, are hereby confirmed and made 
valid in laAV, so far as relates to the name under or by which 
they may have acted. 

Sect. 3. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 15, 1853.] 



Chap 



Territory set off 
and annexed. 



Payments of 
taxes heretofore 
.assessed. 



Provision for 
support of 
paupers. 



Taxes — how 
proportioned. 



^rt An Act to set off a Part of the Town of Stoneham and annex the same 

to the Town of Melrose. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. So much of the town of Stoneham in the county 
of Middlesex, as lies easterly of a line commencing at the 
stone monument between the towns of Stoneham and Melrose 
at the corner of the " Wilson Place," and thence running 
North thirteen degrees thirty minutes. East two hundred and 
seventy-four rods, to a stone monument between the towns of 
Stoneham and South Peading, with all the inhabitants and 
estates thereon, is hereby set off from said town of Stoneham 
and annexed to said town of Melrose. 

Sect. 2. The said inhabitants and estates so set off shall 
be liable to pay all taxes that have been legally assessed on 
them by the town of Stoneham, in the same manner as if this 
act had not been passed. 

Sect. 3. If any persons wdio have heretofore gained a le- 
gal settlement in said town of Stoneham, by reason of resi- 
dence on the territory set off as aforesaid, or who may derive 
such settlement from any such residence, shall hereafter come 
to want, and stand in need of relief or support, as paupers, 
they shall be relieved and supported by the town of Melrose 
in the same manner as if they had gained a legal settlement 
in that town. 

Sect. 4. The town of Melrose shall pay to the treasurer 
of the town of Stoneham until the next decennial census, the 
just proportion of all state and county taxes, which may be 
assessed upon said Stoneham, in proportion to the vahxation of 
the polls and estates hereby set off" to Melrose. The said 
proportion shall be fixed by the valuation of the said polls and 
estates next preceding the passage of tliis act. 



1853. Chap. 45—46. 377 

Sect. 5. In case the surplus revenue ot the United States — how tobr°"* 
heretofore received by said town of Stoneham should ever '*'^"''^''''' 
be refunded, the town of Melrose shall pay such proportion 
of the same as the valuation of the polls and estates of said 
territory bears to the whole valuation of said town of Stone- 
ham. 

Sect. 6. The school house with the lot of land on School houfe to 
which it stands in said territory, shall be the property oi the three years with 
town of IMclrosc from and after the passage of this act ; "* ^"^^^ " 
the said towTi of ^Melrose shall pay the said town of 
Stoneham the sum of fifteen hundred and thirty-one dollars, 
as the price of the same in three years after the passage of 
this act, with interest annually. 

Sect. 7. Peter Green, Jonathan Green, Joshua Green, Jesse ChiWren may 
Green second, and James S. H. Green, who reside in Stoneham, expenses, how 
neai* the territory hereby set oft' to Melrose, and any other occu- ° ® p*" • 
pants of the houses in which the said Greens reside, shall have 
the privilege of sending their children to the school house in 
said territory, and the tow^n of Stoneham shall every year pay 
to the to-v\Ti of Melrose for the schooling of said children, so 
much of the whole sum expended by the town of Stoneham 
for. schools and schooling in every year, as the number of the 
chikken so sent to school out of Stoneham into Melrose, bears 
to the whole number of children belonging to Stoneham at- 
tending school during the same year. 

Sect. 8. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 15, 1853.] 

An Act to incorporate the Mutual Safety Fire Insurance Company. Chctp. 46 
Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

William Locke Brown, William H. Willis, John T. Paine, corporators. 
their associates and successors, are hereby made a corporation, 
by the name of the Mutual Safety Fire Insurance Company, 
in the town of South Reading, for the term of twenty-eight 
years, for the purpose of insuring, on the mutual principle. Principle of 
dwelling houses and other buildings, and personal property, 
against loss by fire, with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions, set forth in Duties, Uawutiw, 
the thirty-seventh and forty-fourth chapters of the Revised 
Statutes, and all other general laws which have been or shall 
be hereafter enacted, relating to mutual fire insurance compa- 
nies. [Approved by the Governor, March 15, 1853.] 

47* 



378 



1853.. 



-Chap. 47—50. 



Chap. 47 



Wharf in 
Dennis. 



Provided. 



An Act to authorize Seth Collins to build a Wharf. 

jBc it enacted hy the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Scth Collins is hereby authorized to build and maintain a 
wharf, from his land on Bass River, in the town of Dennis, 
and to extend the same to the channel ; and shall have the 
right to lay vessels at 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 Gov- 
ernor, March 15, 1853.] 



C/mp. 48 



Wharf in 
Provincetown. 



Provided. 



An Act to authorize Reuben Ryder, 2d, to build a Wharf 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Reuben Ryder, 2d, is hereby authorized to build and main- 
tain a wharf, froan his OAvn land, adjoining the harbor of Prov- 
incetown, and to extend the same into the harbor as far as low 
water mark, loAvest ebb, and to lay vessels at the said wharf, 
and receive wharfage and dockage therefor : provided, that 
this act shall in no wise impair the legal rights of any person. 
[Approved by the Governor, March 15, 1853.] 



Chap. 49 An Act in addition to an Act in relation to the Office of Secretary of the 

Board of Education. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The secretary of the Board of Education, in addition to his 
present salary, shall receive the sum of four hundred dollars, 
to be paid in quarterly payments, out of the treasury of the 
commonwealth, commencing from the termination of payments 
under the will of the late Edmund Dwight. [Approved by 
the Governor, March 15, 1853.] 



Salary of 
Secretary 
increased. 



C/ucj). 50 



Corporators. 



An Act to incorporate the Ware Gas Light Company. 

Be it enacted by the Se7iate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Arthur L. Devens, George H. Gilbert, and Charles 
A. Stevens, their associates and successors, are hereby made a 
corporation, by the name of the Ware Gas Light Company, 



1853. Chap. 50—51. 379 

for the pui-pose of manufacturing and selling gas in tlic town To make and 

of Ware, in the county of Hampshire ; "with all the powers 

and privileges, and subject to all the duties, liabilities and re- Duties, uabmues, 

strictions, set forth in the thirty-eighth and forty-fourth chap- ^^'^' 

ters of the Kevised Statutes. 

Sect. 2. Said corporation may, for the purposes aforesaid, Real estate not to 
hold real estate not exceeding fifty thousand dollars, and the ' 

•whole capital stock shall not exceed one hundred thousand capital stock 

- ,, -i $100,000. 

dollars. 

Sect. 3. Said corporation, with the consent of the select- May open ground 
men of said town, shall have power and authority to open the ^'^^*' 

ground in any part of the streets, lanes and highways of said 
town, for the purpose of sinking and repairing such pipes and 
conductors as it may be necessary to sink for the purpose 
aforesaid ; and the corporation, after opening the ground in 
such streets, lanes and higliAvays, shall be held to put the 
same again in repair, under the penalty of being prosecuted 
for a nuisance : provided, that the said selectmen, for the time Pro^"ied. 
being, shall at all times have power to regulate, restrict and 
control all such acts and doings of the said corporation, which 
may in any manner affect the health, safety or convenience of 
the inhabitants thereof. 

Sect. 4. No shares in the capital stock of said corporation No stock issued 
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. 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 17, 1853.] 

An Act to incorporate the Pawtucket Gas Light Company. Chap. 51 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Claudius B. Fanisworth, John B. Read, and Ellis corporators. 
B. Pitcher, their associates and successors, are hereby made a 
corporation, by the name of the Pawtucket Gas Light Com- 
pany, for the purpose of supplying the inhabitants of the town 
of Pawtucket with gas ; and for this purpose may erect gas privileges, 
works in said town, or contract with any other gas company, 
within or without the commonwealth, or with any individual 
or individuals, for a supply of gas ; with all the powers and Duties, uabUiUes, 
privileges, and subject to all the duties, liabilities and restric- 
tions, set forth in the thirty-eighth and forty-fourth chapters 
of the Revised Statutes. 

Sect. 2. Said corporation may, for the purposes aforesaid, iicai cstMe not to 



380 



1853. 



-Chap. 51—52. 



Capital 
$100,000. 



May open ground 
and lay pipes. 



ProTJded. 



No shares issued 
under par. 



hold real estate not exceeding in value fifty thousand dollars ; 
and the whole capital stock shall not exceed one hundi-ed 
thousand dollars. 

Sect. 3. Said corporation, with the consent of the select- 
men of the town of Pawtucket, shall have power and authority 
to open the ground in any part of the streets, lanes and high- 
ways in the said town, for the purpose of sinking and repairing 
such pipes and conductors, as it may be necessaiy to sink for 
the purpose aforesaid ; and the corporation, after opening the 
ground in such streets, lanes and highways, shall be held to 
put the same again into repair, under the penalty of being 
prosecuted for a nuisance : provided, that the said selectmen, 
for the time being, shall at all times have the power to regu- 
late, restrict and control the acts and doings of the said corpora- 
tion, which may, in any manner, affect the health, safety or 
convenience of the inhabitants of said town. 

Sect. 4. 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. 5. This act shall take effect from and after its pas- 
sage. [Ajjproved by the Governor, March 17, 1853.] 



List of voters to 
be furnished. 



Cliap. 52 An Act ill addition to "An Act to set off a part of the Town of Dedham, 
and to annex the same to the Town of Wal[)ole." 

5e it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

The list of voters required to be furnished by the selectmen 
of the town of Walpole, to the selectmen of the town of Ded- 
ham, by the second section of the one hundred and sixty-sixth 
chapter of the acts passed in the year one thousand eight 
hundred and fifty-two, entitled "An Act to set off" a Part of 
the Town of Dedham, and to annex the same to the Town of 
Walpole," shall be made up, and delivered, annually, not 
more than twenty, nor less than fifteen days before the sec- 
ond INIonday of November in each year ; and for every neg- 
lect by the said selectmen of Walpole so to furnish such list, 
the said selectmen of Walpole shall forfeit the sum of one 
hundred dollars ; and for the making of any false return, in 
respect to any part of such list, the said selectmen of Walpole, 
shall forfeit the sum of twenty dollars for every name, in re- 
spect to which, a false return shall have been made. [Approv- 
ed by the Governor, March 17, 1853.] 



And at what 
time. 



Fine for neglect, 
etc. 



1853. Ciivr. 53—54. 381 

An Act to incorporate the Rlagonsett Fishing Company. CJlClV 53 

Be it enacted hij the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Charles S. Nye, James Withercll, and Charles O. Corporators. 
Nye, citizens of North Falmouth, their associates and succes- 
sors, are hereby made a corporation, by the name of the Ma- 
fTonsctt Fishing Company, and are empowered to regulate the 
Ih-ook running from Dam Fond, so called, to Wild Harbor, in 
said Falmouth, so far as is necessary for the purpose of an ale- 
wive fishery ; and for this purpose, shall have all the powers Powers and 
and privileges, and be sidiject to all the duties, restrictions and ^"^' '^^°^' 
liabilities, set forth in the forty-fouth chapter of the Revised 
Statutes. 

Sect. 2. If any person, Avithout the permission of the corpo- Liabiuty to fines, 
ration, shall take, catch, or haul on shore any alewives in said 
brook, or within one-eighth of a mile, in any direction from 
the mouth of said brook, he shall forfeit and pay for the use 
of said corporation, a sum not exceeding two dollars, if the 
quantity so taken be less than one barrel ; but if the quantity 
so taken be more than one barrel, the person so offending shall 
forfeit and pay for each barrel of fish so taken, five dollars, to 
be recovered in any court proper to try the same. 

Sect. 3. If any damage shall be done by said corporation to Liability for 
the property of any individual, not a member of the corpora- pr™)eft"\ 
tion, such individual shall be entitled to reasonable damage, to 
be estimated in the same manner as damages occasioned by 
the laying out of highways. 

Sect. 4. This act shall take effect from and after its passage. Takes effect. 
[Approved by the Governor, March 17, 1853.] 

An Act to incorporate the Abington Savings Bank. C/ldJ). 54 

Be it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, as 
follows : 

Ezekiel Thaxter, Isaiah Noyes, J. N. Giles, their associates corporators. 
and successors, are hereby made a corporation, by the name of 
the Abington Savings Bimk, to be established and located in 
the town of Abington ; with all the powers and privileges, and Duties, liabilities 
subject to all the duties, liabilities and restrictions, set forth in 
the thirty-sixth chapter of the Revised Statutes, and in all 
other laws of this Commonwealth relating to institutions for 
savings. [Ajyproved by the Governor, March IT, 1853.] 



1853. 



-Chap. 55—56. 



An Act to revive tlie Charter of the Taunton and Middleborough Rail- 
road Corporation. 

JBe it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The charter of the Taunton and Middleborough 
Raih'oad Corporation, granted by the act of one thousand eight 
hundred and forty-eight, chapter one hundi'ed and sixty-two, 
is hereby revived ; and the said company are hereby author- 
ized to locate and construct the road mentioned in said char- 
ter ; with all the privileges, and subject to all the liabilities, 
in said act mentioned : provided, that said location shall be 
filed before the first day of January next, and said road com- 
pleted before the first day of September, in the year one thou- 
sand eight hundred and fifty-four. 

Sect. 2. The said company are hereby authorized to take, 
and shall hereafter be known by the name of the " Middle- 
borough and Taunton Railroad Corporation." 

Sect. 3. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 17, 1853.] 



Policies not to be 
Rsued nor 
lividends to be 
nade till, etc. 



An Act to incorporate the Commercial Mutual Marine Insurance Com- 
pany. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Charles R. Tucker, Edward D. Mandell, George 
O. Crocker, their associates and successors, are hereby made a 
corporation, by the name of the Commercial Mutual Marine 
Insurance Comj^any, to be established in the city of New Bed- 
ford, for the purpose of making maritime loans and insurance 
against maritime losses, on the principle of a mutual insurance 
company ; and for this purpose shall have all the powers and 
privileges, and be subject to all the duties, restrictions and 
liabilities, set forth in the thirty-seventh and forty-fourth chap- 
ters of the Revised Statutes, so far as the same are applicable 
to the corporation hereby created ; to continue for the term 
of ten years. 

Sect. 2. No policy shall be issued, until the sum of one 
hundred thousand dollars shall have been subscribed ; and no 
division of any funds or profits shall be made to the subscrib- 
ers or stockholders, until the expiration of their charter ; but 
such funds or profits shall be invested in such securities or 
stocks, as are required by law of insurance companies now in- 
corporated. 



1853. CiiAr. 56—57. 383 

Sect. 3. The said corporation may hold real estate to the SSiJnnn^*® 

n 1 1111 ®<iO,OUO. 

amount oi tAventy thousand dollars. 

Sect. 4. The said corporation shall be restricted to an Risks restricted 
amount not exceeding ten thousand dollars on any one risk, etc. ' ^^^ ' 
until its funds or invested capital shall reach the sum of one 
hundred and fifty thousand dollars. [Approved by the Gov- 
ernor, March 17, 1853.] 

An Act for the better Establishment of the Police Court of Salem. C/ldt) 57 
Be it enacted hy the Senate and House of Representatives, 

in General Court assemhled, and hy the authority of the same, 

as follows : 

Sect. 1. The standing justice of the Police Court, of the Salary of stand- 
city of Salem, shall receive an annual salary of not less than *°^ ^"^ "^''' 
tM'elve hundred dollars, the amount of which, if above that 
sum, shall be determined, not oftener than once in each year, 
by the concurrent vote of the two branches of the city council 
of said city ; and said salary shall be paid to him, in equal 
quarterly payments, out of the treasury of said city, and shall To be paid 
be in full for all ser\aces which he now is, or may hereafter *i"^'''" ^ 
be required or authorized to perform as said justice. 

Sect 2. The mayor and aldermen of the city of Salem, awermenlo 
shall forthwith, and hereafter in the month of May, annually, of PoUce'^court 
and whenever a vacancy may occur, appoint a suitable person 
to be clerk of said Police Court, who shall be paid for his \ 

services as said clerk, as hereinafter provided ; and in the case of 
the absence or death of said clerk, the said justice may appoint justice may 
a clerk pro tempore, who shall be paid at the rate of tAvo dol- app™"' "■ "lerk 

-i,-t' /»ii . P^° tempore to 

lars per diem, to be deducted from the salary of the standing i>e paid. 
clerk, and for whose official acts and doings the said justice 
shall be responsible, and who shall officiate as clerk until the 
standing clerk shall resume the performance of liis duties, or 
until another clerk shall be duly appointed. 

Sect. 3. The clerk shall be sAvorn to the faithful perform- cierk to be swom 
ancc of his duties, and shall give bond to the city of Salem, in felthfuT perform- 
such sum as the board of mayor and aldermen of said city '^°'^® °^ '^'^'"^^' 
shall from time to time order, Avith a surety or sureties to the 
acceptance of the city treasurer, Avith condition for the faith- 
ful performance of the duties of his office, and of the duties 
prescribed to him in this act. 

Sect. 4. The clerk shall attend all sessions of said court, cierktokeepa 
AA'hether for the transaction of criminal or civil business, and crhnLai and 
shall keep a record of all the proceedings of said court ; and separate books!^ 
the records of proceedings in civil cases shall be kept in a 
different book and separate fi'om the records of proceedings in 
matters of a criminal nature. 



384 1853. Chap. 57. 

Clerk to make all Sect. 5. The saicl clcrk shall make all warrants, writs and 

warrants, etc., i-iini i ii -i ^»v«. 

and to tax bills processes wliich shall be ordered by said court, and tax all bills 

of cost, receive ^ ^ , • ^^ n i^i'-i t r -, 

fines, forfeitures, oi costs, and rcceivc ail iines and lorieitures, and rees, aAvard- 
***'■ ed and payable in said court, and all fees for blanks, and for 

copies in civil and criminal suits. 
Clerk to account Sect. 6. All fccs and chargcs, both in civil and criminal 
trclsurer quar- pi'ocecdings, now by law received by or payable to the said 
teriy for fees and standing iusticc, shall be received by said clerk, and bv him 

charges received. iz- i i c-i- J-''"- 

accounted lor quarterly to the treasurer of said city of Salem, 
and he shall forthwith pay over the amounts due thereon to 
said treasurer. 
Fines, costs, etc., Sect. 7. All fiiics and forfeitures received by said clerk or 
ispose . i^y g,^^^ justice, and all costs in criminal prosecutions so received, 
except the fees and charges named in the sixth section of this 
act, shall be accounted for and paid over by said clerk, in the 
same manner and under the same penalties for neglect, as are 
now prescribed with regard to the standing justice of said court. 
And all costs and charges arising in criminal prosecutions, 
which shall not be paid by said clerk, as above provided, shall 
by said clerk be taxed, certified, allowed and paid in like 
manner, as is now provided with regard to said standing 
justice. 
Fees of special Sect. 8. Whenever the said Police Court shall be held by 

holding courts, either of the special justices thereof, the said special justices 
shall receive, in compensation for their services, the fees to 
which they are by law entitled ; provided, however, that 
have'been'^earned ^^'^^^ tlic sum of ouc hundred dollars sliall havc been thus 
to receive $4. earned in any one year, by either, or both of said special jus- 
tices, the said special justices shall thereafter be paid, in full 
for their services as such justices, at the rate of four dollars 
To be deducted per diem, to be deducted from the salary of the standing jus- 
the^tending" ticc, and the fees to which they or either of them would other- 
justice. ^vise be entitled, shall be received by the clerk and by him 
accounted for, and paid to the city treasurer, as hereinbefore 
provided, with regard to the standing justice. 
Clerk to receive Sect. 9. The Said clcrk shall receive, in full compensa- 

an annual salary . -j i i 'r i f^ "■ 

of Si 00. tion tor all nis services as said clerk, except tor such copies as 

he' is not by law bound to furnish, an annual salary of not less 

than seven hundred dollars, the amount of which, if above 

that sum, shall be determined not oftcner than once in each 

To be paid ycai'j by the concurrent vote of the two branches of the City 

quarterly by Couucil of Said citv of Salcm, aiid said salary shall be paid in 

trG3.surcr of tiic •/ ^ •/ x 

cityofsaum. cqual quarterly payments, out of the treasury of the city of 

Salem. 
Jurisdiction and Sect. 10. The Said PoHcc Court, in addition to the juris- 
court.° °^'^'^ diction which it now has, shall have exclusive jurisdiction of 

all crimes, offences and misdemeanors, committed within the 



1853. -Chap. 57. 385 

said city of Salem, whereof the said Police Covirt and justices 
of the peace for the county of Essex now have jurisdiction ; 
and said Police Court shall also have original jurisdiction and 
cognizance of all suits and actions whereof any justice of the 
peace in the county of Essex now has or hereafter may have 
jurisdiction, and exclusive jurisdiction, whenever any person 
summoned as trustee in any such action resides in the city of Sa- 
lem, and service has been duly made on said supposed trustee ; ProTided, etc. 
provided, that nothing in this act contained shall prevent any jus- 
tice of the peace, within the county of Essex,from issuing a war- 
rant in any criminal suit or prosecution within said county, re- 
turnable before said court ; but no fees shall be allowed to any 
justice of the peace for any such warant, unless it shall appear to 
the court that there was just and reasonable cause for issuing it. 

Sect. 11. The standing justice of the said court, or either -n-an-ants how 
of the special iustices, or any justice of the peace of the county issued, returned, 

^ •'. "^ '' ■, T n -11 n ^"'^ disposed of 

of Essex, may issue a warrant under the lorty-nnith chapter oi 
the Revised Statutes, and such warrant may be made returna- 
ble before said Police Court ; but no justice of the peace 
within the city of Salem shall exercise any further jurischction 
than to issue such warrant ; and any party aggrieved by the 
judgment of said court, in any case, whether civil or criminal, 
may appeal therefrom to the Court of Common Pleas, lor Party aggrieved 
said county of Essex, in the same manner now provided for °^^^ *^^*^^ 
appeals from said Police Court. 

Sect. 12. Neither the standing justice, nor the clerk, shall ^'^'/>°'■°*■*'l^ 

o J ' ^ ^ _ justices nor 

be retained or employed as counsel or attorney, in any suit, ^lerk to be 

• ••• einuloved. liis 

complaint, application, petition, or other proceeding whatever, counsel. 
before said court, nor in any which shall have been heard or 
examined therein ; and neither of the special justices shall be 
retained or employed as counsel or attorney in any matter 
which shall have been heard or examined before them respec- 
tively. 

Sect, 13. A court shall be holden by the said standing court to hoid 

/» 1 . 1 . . •11 n daily sessions 

justice, or one oi the special justices, at some suitable and except Sunday. 
convenient place, to be provided at the expense of the city of 
Salem, on every day of the week, Sundays excepted, at nine 
of the clock in the forenoon, to take cognizance of crimes, 
offences and misdemeanors, and on one fixed day of each week, 
at ten of the clock in the forenoon, and by adjournment as 
much oftener as may be necessary, for the entry and trial of 
civil actions, the hearing of motions, and such other civil busi- 
ness as may come before it. 

Sect. U. The jurisdiction of the Police Court of the city ?o"be1i^*ue°drefe. 
of Salem shall not be Kmited by reason of any interest on the 
part of the justices of said court, or either of them, in the 

43 



386 



1853. 



-Chap. 57—59. 



Inconsistent acts 
repealed. 



V\Tien to take 
effect. 



pajanent of fines and costs into the treasmy of the city of Sa- 
lem, or of the county of Essex. 

Sect. 15. All acts and parts of acts, inconsistent with this 
act, are hereby repealed. 

Sect. 16. This act shall be in force and take effect from 
and after its acceptance by the city of Salem, by the concur- 
rent vote of the two branches of the city council of said city 
of Salem. [Ajjproved by the Governor, March 17, 1853.] 



Chap. 58 A" -^ct to authorize the Taunton Branch Railroad Corporation to Sub- 
scribe to the Middleborough and Taunton Raihoad Corporation. 

He it enacted by the Senate and House of Representatives, 
in General Court assembled, and! by the authority of the same, 
as follows : 

The Taunton Branch Raiboad Corporation is hereby au- 
thorized to subscribe for the stock of the Middleborough and 
Taunton Railroad Corporation, to an amount not exceeding 
twenty -five thousand dollars : provided, that this act shall not 
take effect until the same shall have been accepted by a vote 
of at least three-fourths of the stockholders in said Taunton 
Branch Railroad Corporation, present and voting at a meeting 
called for that purpose. [Approved by the Governor, March 
17, 1853.] 



May subscribe 

S25,000. 



To take effect 
■when accepted 
by three-fourths 
of the stock- 
holders of T. B. 
Railroad. 



Chaj). 59 



Corporators. 



To make and 

sell gas. 



Real estate not to 
exceed $50,000. 



No shares issued 
under par. 



An Act to incorporate the Northampton Gas Light Company. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. William H. Stoddard, Samuel A. Fiske, and 
Daniel Kingsley, their associates and successors, are hereby 
made a corporation, under the name of the Northampton Gas 
Light Company, for the piupose of making and selling gas 
in the town of Northampton ; with all the powers and priv- 
ileges, and subject to all the duties, restrictions and liabili- 
ties, set forth in the thirty-eighth and forty-fouith chapters of 
the Revised Statutes. 

Sect. 2. Said corporation may hold such real and personal 
estate, as may be necessary and convenient for the purpose 
aforesaid, not exceeding in value the sum of fifty thousand 
dollars. 

Sect. 3. No shares in the capital stock of said company 
shall be issued for a less sum or amount, to be actually paid 
in on each, than the par value of the shares which shall be 
first issued. 



1853. CiiAr. 59—60. 387 

Sect. 4. Said corporation, with tlic consent of tlic select- ?^"y ?i'<^'* ^''^'^'^'^ 

f tCt 1 1 lay pipes, &c. 

men of the toAvn ot JNortlianipton, shall have power and au- 
thority to open the ground in any part of the streets, hmes 
and highways in said town, for the purpose of sinking and 
repairing such pipes and conductors as it may be necessary 
to sink for the purpose aforesaid ; and the said company, 
after opening the ground in said streets, lanes and highways, 
shall he held to put the same again in rej)air, under the penal- 
ty of being prosecuted for a nuisance : provided, the said se- provideJ. 
lectmen, for the time being, shall at all times have the power 
to regulate, restrict and control the acts and doings of said 
company, ^^'hich may, in any manner, affect the health, safety 
or convenience of the inhabitants of said town. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 19, 1853.] 

An Act to incorporate the Woi'cester County Carpet ]\Iills. Cluiy). 60 

5e it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. William M. Bickford, George Bowen, Timothy corporators. 
"\V. Bancroft, William Barker, their associates and successors, 
nve hereby made a manufacturing corporation, by the name of 
the AVorcester County Carpet Mills, for the purpose of manu- Purpose, 
facturing cotton and woolen fabrics and machinery, and other 
articles necessary or convenient to be used therefor, and carry- 
ing on the business thereof, in the city of Worcester, in the 
county aforesaid ; and for this purpose shall have all the pow- Powers, etc. 
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, for the purposes I'eai estate not to 

•' exceed S150 000 

aforesaid, real estate, in amount not exceeding one hundred nor capuai ' 

and fifty thousand dollars, and their whole capital stock shall *° ' 

not exceed five hundi-ed thousand dollars : provided, that no ^, , . , 

, •! .1 ir--! -iiii- 1 >o shares issued 

snares in the capital stock ot said corporation shall be issued under par. 
for a less sum or amount, to be actually paid in on each, than 
the par value of the shares which shall be first issued. 

Sect. 3. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 19, 1853.] 



388 



1853. 



-Chap. 61—63. 



Terminus of 
Canal. 



Capital stock to 
be diviJeil. 



Chap. 61 -^" ^^t i" addition to " An Act concerning tlie Maiden Canal Company." 
J5e it enacted hy the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The southerly side of the Saugus Branch Rail- 
road, in Maiden, to which the Maiden Canal is now completed, 
shall be the northerly terminus of said canal. 

Sect. 2. Said Maiden Canal Company shall have pow- 
er to divide their capital stock into such number of shares 
fe^toa""^ ^^^^°'^ ^^ ^^^^ stockholders by vote shall determine : provided, that no 
■"aiue. share of said capital stock shall be issued for a less sum or 

amount to be actually j^aid in on each, than the par value to 
be fixed by said stockholders. 

Sect. 3. All provisions contained in the Act passed April 
sixteenth, one thousand eight hundred and forty-six, entitled, 
" An Act to establish the ]\Ialden Canal Company," and also 
in an act passed INIarch twenty-third, one thousand eight 
hundred and fifty, entitled, " An Act concerning the Maiden 
rrTi^d'*"^' ^"^^^ Canal Company," not consistent with the foregoing sections, 
are hereby repealed [Approved by the Governor, March 19, 
1853.] 



Vhctp. bZ An Act to authorize Lewis L. Sellew to build a Wharf in Truro. 

3e it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same, 
as follows : 

Lewis L. Sellew is hereby authorized to build and maintain 
a wharf at Pond Village, in the town of Truro, 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 
act shall in no wise impair the legal -rights of any person. 
[Approved by the Governor, March 19, 1853.] 



May build a 
wharf iu Truro 



Provided, etc. 



C/iap. 63 



Corporators. 



May make and 

.sell ga.* in West 
Roxbury. 



An Act to incorporate the Jamaica Plain Gas Light Company. 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. Mclancthon Smith, John C. Pratt, and David S. 
Greenough, their associates and successors, are hereby made a 
corporation, by the najne of the Jamaica Plain Gas Light Com- 
pany, for the purpose of manufacturing and selling gas in the 
town of West Poxbury ; with all the powers and privileges, and 
subject to all the duties, liabilities and restrictions, set forth 



1853. CiiAr. 63—64. 

in the tliirty-clglith and forty-fourth chapters of the Revised 
Statutes. 

Sect. 2. Said corporation may, for the purpose afoi'csaid, Heai estate 
hold real estate not exceeding in value eighty thousand dollars ; *^*''^^^- 
and the whole capitid stock shall not exceed one hundred Capitni 8tock 
thousand dollars. *^°«'«««- 

Sect. 3. Said corporation, with the consent of the select- Mayopenground, 
men of the town of West Eoxbury, shall have power and ^'^^ ^^^^^' *''''■ 
authority to open the ground in any part of the streets, lanes 
and highways in the said town, for the pi^rpose of sinking and 
repairing such pipes and conductors as it may be necessary to 
sink for the purpose aforesaid ; and the corporation, after open- 
ing the ground in such streets, lanes and highways, shall be 
held to put the same again into repair, under the penalty of 
being prosecuted for a nuisance : provided, that the said select- ProyUed 
men, for the time being, shall at all times have the power to 
regulate, restrict and control the acts and doings of the said 
corporation, which may in any manner affect the health, safety 
or convenience of the inhabitants of said town. 

Sect. 4. No shares in the capital stock of said corporation xo shares issued 
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 
fii'st issued. 

Sect. 5. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 19, 1853.] 

An act in addition to the several Acts respecting the Bostou and C/lCCj). o4 
Maine Raih'oad. 

Be it enacted hy the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Sect. 1. The Boston and jNIaine Hailroad are hereby commissioner 
authorized to alter the draw in their bridge over Charles River, aiter'drawor°con- 
or to construct another draw by the side of the present draw, ^*™''' another. 
as shall be determined by the commissioner hereinafter men- 
tioned, in such a manner, as to enable them to connect and 
use the side tracks now on said bridge. 

Sect. 2. Said draw shall be altered, under the direction commissioner— 

f, '111 1 li"^ appointed 

a commissioner, to be appointed by the governor and and paid. 

council, who shall be paid by said Boston and Maine Rail- 
road ; — and said road shall be held liable to keep said draw 
in good repair, and to open the same and afford all proper 
accommodations to vessels having occasion to pass the same vessels may pass 

, , , . , <-' •■• draw by day or 

by day or by night. by night. 

Sect. 3. This act shall take effect from and after its pas- 
sage. [Approved by the Governor, March 19, 1853.] 

4a» 



390 .. 1853. Chap. 65—67. 

Chcip. 65 An Act to authorize Isaac Bea and others to buihl a Wharfs 

Be it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same, 
as folloivs : 

Corporators. Isaac Bea, Joseph Young, Oliver A. Nickerson and their 

associates, are hereby authorized to build and maintain a 

Wharf in Chat- wharf froui their land, at the south-west branch of the old 

feeTinto the*^ ^'^^ harbor in Chatham, and to extend the same two hundred feet 

harbor. ^^-^j-q j.]-^g harbor ; and they shall have the right to lay vessels 

at the said wharf and to receive dockage and wharfage there- 

Provided, etc. for : provided, that the said wharf shall in no way obstruct 

the anchorage for vessels in said harbor ; and provided also, 

that this grant shall not interfere with the legal rights of any 

person. [^Approved by the Governor, March 19, 1853.] 

Chttp. 66 An Act to incorporate the Waltham Savings Bank. 

Re it enacted by the Senate and House of Representatives , 
in General Court assembled, and by the authority of the same, 
as follows : 

Corporators. Eliplialct Pcarsou, George Bigelow, Leonard P. Frost, their 

associates and successors, are hereby made a corporation, by 

Xameof the name of the Waltham vSavings Bank, to be established 

corpora ion. ^^_^^ locatcd in "Waltham ; with all the powers and privileges. 

Duties, liabiuties, and subjcct to all the duties, liabilities and restrictions, set 

forth in the thirty-sixth chapter of the Revised Statutes, and 

in all other laws of this commonwealth relating to institutions 

for savings. [Approved by the Governor, March 19, 1853.] 

Lhcip. O i An Act to incorporate the Dorchester Savings Bank. 

Re it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

Corporators. William Ricliardson, Oliver Hall, Lems Pierce, their asso- 

ciates and successors, are hereby made a corporation, by the 
name of the Doixhester Savings Bank, to be established and 
located in. the town of Dorchester ; with all the powers and 
pri\T.leges, and subject to all the duties, liabilities and restric- 
tions, set forth in the thirty-sixth chapter of the Revised Stat- 
utes, and in all other laws of this commonwealth relating to 
institutions for sa\ings. [Approved by the Governor, March 
19, 1853.] 



Duties, liabilities 

etc. 



1853. Chap. 68—69. 391 

An Act to incorporate the Dedham Gas Light Compan}'. Chcip. 68 

Be it enacted by the Seiiate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows: 

Sect. 1. Joseph W. Clcorke, Horatio Chickering, Ebcn S. Corporators. 
Fisher, their associates and successors, are hereby made a cor- 
poration, by the name of the Dedham Gas Light Company, 
for the purpose of making and selHng gas in the town of Ded- 
ham, with all the powers and privileges, and subject to all the duties, liabilities, 
duties, liabilities, and restrictions, set forth in the thirty-eighth 
and forty-fourth chapter of the Kevised Statutes. 

Sect. 2. . Said corporation may hold real estate to an amount i^^ai estate not to 

T nr ^ Tin t i it • exceed $50,000. 

not exceeclmg titty thousand dollars ; and the whole capital nor capital 
stock not to exceed one hundred thousand dollars. §^100,000. 

Sect. 3. No shares in the capital stock of said company shares not to be 
shall be issued for a less sum or amount, to be actually paid in *^^"'* ^^ ^^ ^^^' 
on each, than the par value of the shares which shall be first 
issued. 

Sect. 4. Said corporation, with the consent of the select- ^lay ope° t^^e 
men of the town of Dedham, shall have power and authority etc. ' ' ' 
to open the ground in any part of the streets, lanes, and high- 
ways in said to"v\ni, for the purpose of sinking and repairing 
such pipes and conductors as it may be necessary to sink for 
the purpose aforesaid. And the said company, after opening 
the ground in said streets, lanes and highways, shall be held 
to put the same again into repair, under the penalty of being 
prosecuted for a nuisance : provided, that said selectmen, for Pro'^i'ieij^ etc. 
the time being, shall, at all times, have the power to regulate, 
restrict, and control the acts and doings of said company, 
which may, in any manner, affect the health, safety, or con- 
venience of the inhabitants of said town. 

Sect. 5. Tliis act shall take effect from and after its jDas- 
sage. [Approved by the Governor, March 19, 1853.] 

An Act in relation to Sheriff's Bonds. CJuiJ). 69 

Be it enacted by the Senate and House of Representatives, 
in General Court assembled, and by the authority of the same, 
as follows : 

It shall not be lawful for any sheriff to enter upon the du- bond^L^'tr'lasur 
ties of his office, or perform any official act by himself or any erss office. 
deputy, until the bond of such sheriff, required by law, shall 
be filed in the office of the treasurer of the commonwealth. 
[Approved by the Governor, March 19, 1853.] 



392 - 1853. Chap. TO. 

Chan. 70 ^" ^^^ ^^ establish the City of Lawrence. 

Be it enacted by the Senate and House of Represcntati'ves, in 
General Court assembled, and by the authority of the same, as 
folloivs : 
Lawrence to be Sect. 1. The iiiliabitants of the town of Lawrence shall 
continue to be a body politic and corporate, under the name 
of the city of LaAvrence, 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 incum- 
bent upon and appertaining to the said town, as a municipal 
corporation. 
Administration, Sect. 2. The administration of all the fiscal, prudential 
in a mayor, 6 and municipal affairs of the said city, with the government 
18 common'^ thcrcof, shall be vested in one municipal officer, to be stjded 
councihnen. ^^^ mayor ; one council of six, to be called the board of alder- 
men ; and one council of eighteen, to be called the common 
council ; which boards, in their joint capacity, shall be de- 
nominated the city council, and the members thereof shall be 
sworn to the faithful performance of their respective duties. 
A majority of each board shall constitute a quorum for the 
No compensation, transaction of busiucss. And no member of either board shall 

receive any comj)ensation for his services. 
^x wards'"'"^ ^"*° Sect. 3. The city shall be, and the same is hereby divided 
into six wards, as follows : — All that portion of the city north 
of the Merrimack River, and east of a line drawn from said 
river northerly through the centre of Newbury Street to 
Ward one. Mcadow Street, thence through the centre of Meadow Street 

to the bridge over the Spicket River, on the Haverhill road, 
thence tlirough the centre of the Haverhill road to Prospect 
Street, thence northerly through the centre of Prospect Street 
to the city line, shall be one ward, and known as Ward One. 

All west of said line, and east of a line drawn from Merri- 
mack River northerly through the centre of Lawrence Street 
until it reaches the city line, shall be one ward, and known as 
Ward Two. 

All that portion west of the centre of said Lawrence Street 
and east of a line drawn through the centre of Hampshire 
Street northerly from the Merrimack River until it reaches 
Pine Street, thence through the centre of Pine Street until it 
reaches Lawrence Street, near the city line, shall be one ward, 
and known as Ward Three. 

All that portion of the city west of said line drawn tlu-ough 

Hampshire Street, and east of a line drawn through the centre 

Ward four. of Tumpikc Street northerly from the Merrimack River until 

it reaches the city line, shall be one ward, and known as 

Ward Four 



Ward two. 



Ward three. 



1853. Chap. 70. 393 

All that portion of the city north of the Merrimack River, 
and Avcst of a line drawn through the centre of Tnrnpike Ward fire. 
Street northerly from said river, shall be one ward, and known 
as AVard Five. 

All that portion of the city south of the Merrimack Eiver, ward six. 
shall be one ward, and known as Ward Six. 

It shall be the duty of the city council, in the 5^ear eig'hteen city council shaii 

, ,, ifc • '' 1 r '^ ' r ii revise the wards 

hundretl and ntty-six, and alter that, once m live years, and not in I85t5,and once 
oftener, to revise, and if it be needful, to alter the boundaries thereafter." 
of the several wards in such manner that they may contain, 
as nearly as may be, an equal number of inhabitants. 

Sect. 4. On the first ^Monday of December, annually, Election of cicrks. 
there shall be chosen by ballot, in each of said wards, a inspectors. 
Avai'dcn, clerk, and three inspectors of elections, residents of 
the wards in which they are chosen, who shall hold their of- 
fices for one year, and until others shall have been chosen in 
their places and qualified to act. It shall be the duty of such 
warden to preside at all ward meetings, with the powers of 
moderators of town-meetings. And if, at any meeting, the in absence of 
warden shall not be present, the clerk of such ward shall call ^ay^preslde^ 
the meeting to order, and preside until a warden pro tempore 
shall be chosen by ballot. And if, at any meeting, the clerk cierk pro tem. 
shall not be present, a clerk pro tempore shall be chosen by ^'^^ ^^ etosen. 
ballot. The clerk shall record all the proceedmgs and certity 
the votes given, and deliver to his successor in office all such 
records and journals, together with all other documents and 
papers held by him in said capacity. 

And it shall be the duty of inspectors of elections to assist Duties of 
the warden in receiving, sorting, and counting the votes, '"^p^^'o'"^- 
And the warden, clerk, and inspectors of elections, so chosen, 
shall respectively make oath or affirmation, faithfully and im- 
partially to discharge their several duties, relative to all elec- 
tions ; which oath may be administered by the clerk of such oaths of ward 
ward, to the warden, and by the warden to the clerk and in- administered. 
specters, or by any justice of the peace for the county of 
Essex. 

All warrants for meetings of citizens for municipal pur- warrants for 
poses, to be held either in wards or in general meetings, shall issued, etc. 
be issued by the mayor and aldermen, and shall be in such 
form, and shall be served, executed, and returned, in such 
manner, and at such times, as the city council may, by any by- 
law, direct. 

Skct. 5. The mayor and six aldermen, one alderman to Kicction, quaiie- 
be selected from each ward, shall be elected by the qualified of office ot mayor, 
voters of the city at large, voting in their respective wards ; ''^^■ 
and tluee common council men, and one person to be an over- 



394 



1853.- 



-Chap. 70. 



Procpedings at 
flections. 



Certificates of 
election to be 

issued. 



Provided, etc. 



Mayor to be 
notified. 



Proceedings in 
ease of failure 

to elect. 



Vacancies — how 
to be supplied. 



^fotice to 
aldermen. 



seer of the poor, and one person to be a member of the school 
committee, and one person to be an assistant assessor, shall be 
elected by the qualified voters of each ward, and shall be resi- 
dents of the wards wherein they are elected. All said officers 
shall be chosen by ballot, and shall hold their offices for one 
year from the first ]Monday in January, and until others 
shall be elected and quahfied in their places. 

Sect. 6. On the first Monday of December, annually, the 
qualified voters in each ward shall give in their votes for 
mayor, aldermen, common council men, overseer of the poor, 
school committee, and assistant assessor, as provided in section 
five of this act ; and all the votes so given, shall be sorted, 
counted, declared, and registered in open ward-meeting, by 
causing the names of the 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 shall, within twenty- 
four hours after such election, deliver to the persons elected 
members of the common council, overseer of the poor, school 
committee, and assistant assessor, certificates of their elections, 
signed by the warden and clerk, and by a majority of the in- 
sj)ectors of elections for such ward, and shall .deliver to the 
city clerk a copy of the records of such elections, certified in 
like manner : provided, however, that if the choice of common 
councilmen, overseer of the poor, school committee, or assist- 
ant assessor, shall not be effected on that day, the meeting 
may be adjourned from time to time, but not more than seven 
days at any one time, until such election is completed. The 
board of aldermen for the time being, shall, as soon as con- 
veniently may be, within seven days after such election, ex- 
amine the copies of records of the several wards, certified as 
aforesaid, and shall cause the person who may have been 
elected mayor to be notified, in writing, of his election ; but 
if it shall appear that no j)erson has received a majority of all 
the votes, or if the person elected shall refuse to accept the 
office, the board of aldermen shall issue their wan'ant for a 
new election, and the same proceedings shall be had as are 
hereinbefore provided for the choice of mayor, and repeated 
from time to time, until a mayor shall be chosen, and shall ac- 
cept the office. In case of the decease, resignation, or absence 
of the mayor, or his inability to perform the duties of his office, 
it shall be the duty of the board of aldermen and the common 
council, in convention, to elect a mayor to serve during the 
unexpired term, or until the occasion, causing the vacancy, be 
removed. And if it shall appear that the number of aldermen 
have not been elected, the same proceedings shall be had as 
are hereinbefore provided for the choice of mayor. Each alder- 



1853. Chap. 70. 395 

man shall be notified, in writing, of his election by the mayor 
and aldermen for the time being. 

The oath, prescribed by this act, shall be administered to 
the mayor by the city clerk, or by any justice of the peace for 
the county of Essex. 

The aldermen and common council men elect, shall, on the oath of office 
first ]Monday in January, at ten o'clock in the forenoon, meet ana recorded. 
in convention, "when the oath requii-ed by this act shall be ad- 
ministered to the members of the two boai*ds present, by the 
mavor, or by any justice of the peace for the county of Essex ; 
and a certificate" of such oath having been taken shall be en- 
tered in the journal of the mayor and aldermen, and of the 
common council, by their respective clerks. 

And M"henevcr it shall appear that no mayor has been elected in case of failure 

1 1 •tnliT■\•^-^^ i*o choose mayor, 

previously to the said nrst Monday m January, the mayor and etc. 
aldermen, for the time being, shall make a record of that fact, 
an attested copy of which the city clerk shall read at the open- 
ing of the convention to be held as aforesaid. 

After the oath has been administered as aforesaid, the two Organization of 

, , , ,, -, ■, •! 1 n 1 common council. 

boards shall separate, and the common council shali be organ- 
ized by the choice of a president and a clerk, who shall be 
sworn to the faithful discharge of their duties. 
- In case of the absence of the mayor elect, on the first Mon- Proceedings in 

- , . *^ 111 ••!!•• absence of may or. 

day 01 Januaiy, the city government shaii organize itseli m 
the manner hereinbefore provided, and may proceed to busi- 
ness 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 Mayor pro ^fw;. 
choose a chairman pro tempore, who shall preside at joint 
meetings of the two boards. 

Each board shall keep a record of its own proceedings, and Each board to 
judge of the election of its own members ; and in case of fail- ^^^^ ^^''°^ ' ^^' 
ure 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 Duty of mayor. 
the chief executive officer of the city ; it shall be his duty to 
be vigilant in causing the laws and regulations of the city to 
be enforced, and to exercise a general supervision over the 
conduct of all subordinate officers, and to cause their neglect 
of duty to be punished ; he may call special meetings of the 
board of aldermen and common council, or either of them, 
when necessary in his opinion, by causing notices, in writing, 
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 measm-es, as, in his 



396 



1853.- 



-Chap. 70. 



Compensation. 



Executive power 
of mayor and 
aldemien. 



Bonds required 
of constable, etc. 



Powers of mayor, 
aldermen, and 
common council. 



Appointments of 
certain officers. 



Sittings to be 
public. 



Safe keeping of 
city property. 



opinion, tlie interests of tlie city may require ; he shall pre- 
side in the board of aldermen, and in convention of the two 
boards, but shall have a casting vote only. His salary for the 
first year under this charter shall be five hundi-ed dollars, and 
no more. He shall afterwards receive for his services, such 
salaiT as the city council shall determine, and shall receive no 
other compensation ; but such salary shall not be increased or 
diminished during the year for which he is chosen. 

Sect. 8. The executive power of the said city generally, 
and the administration of the police, with all the power here- 
tofore vested in the selectmen of Lawrence, shall be vested in, 
and may be exercised by, the mayor and aldermen, as fully as 
if the same were herein specially enumerated. The mayor 
and aldermen shall have full and exclusive power to appoint a 
constable and assistants, or a city marshal and assistants, with 
the powers and duties of constables and all other police offi- 
cers, and the same to remove at pleasure. Aiid the mayor 
and aldermen may require any person who may be appointed 
marshal or constable of the city, to give bonds for the faithful 
discharge of the duties of the office, with such security and to 
such amount as may be deemed reasonable and proper ; upon 
which bonds the like proceedings and remedies may be had as 
are by law provided in the case of constables' bonds taken by 
the selectmen of towns. 

All other powers now vested in the inhabitants of the said 
town, and all poAvers granted by this act, shall be