Acts and resolves passed by the General Court

PRIVATE AND SPECIAL STATUTES

OP THE

eommonUieaUtl at iiAauu^t^u»tttu<

PRIVATE AiND SPECIAL

STATUTES

Commontocaltl) of .iili^a^^ac|)u.^ett^.

FROM MAY 1822, TO MARCH 1830

REVISED AND PUBLISHED

BY AUTHORITY OF THE LEGISLATURE,

IN CONFORMITY TO A RESOLVE,

PASSED APRIL 16, ISSG.

VOL. V!.

13 0 .^ 1 0 n :

PU151,ISHE1) RY DUTTON AND WENTWORTH, STATE PRINTERS,

Nos. 10 and 12 Exchange Street.

1837.

NOTICE.

The Legislature, by a resolve, passed April 16, 1836,
ordered the Special Acts, passed since February 1822, to
be collated and published in volumes, as nearly as may
be, in conformity with the volumes of the Special Laws
heretofore published ; and authorized the Governor to ap-
point a Commissioner to carry the provisions of the resolve
into effect.

The undersigned having been appointed by His Excel-
lency the Governor to perform that duty, has in conformity
to the directions of the resolve, inserted in this collection,
which makes the sixth and seventh volumes of the series of
Private and Special Statutes of the Commonwealth, all the
Special Acts passed since February, 1822. When it has
appeared doubtful to which class, public or private, a par-
ticular act belonged, or when some of its provisions have
partaken of the character of both, it has been inserted in
this collection from a belief that redundancy in a work like
this, would be more readily excused than deficiency. Acts,
and parts of acts, which have been repealed, are printed
in a smaller letter.

The most scrupulous care has been taken to preserve
the original text, which is uniformly printed in the Roman
letter. Where one word has been supposed accidentally
to have been inserted for another, and also where a word
was supposed to have been omitted, the word which was
thought necessary has been inserted immediately after the
word mistaken, or in the place of the one omitted, and

VI

printed in italics and enclosed in brackets. Where a word
in the original was deemed superfluous, or injurious to the
sense, it has been printed in the common Roman letter,
and merely inclosed in brackets, but this liberty has been
very sparingly used, and only where the general phraseol-
ogy of the Statutes, or the original papers in the Secre-
tary's office seemed to authorize, and the connexion to
require it. In all cases when a form of expression,
which was intelligible, but not strictly accurate, has been
often repeated, no change has been made.

Especial pains have been taken to make the references
at the head and foot of each act complete, thereby render-
ing it in some measure an index to all the legislation upon
the same subject, and, in general, saving the necessity of
referring to five different indexes. This last observation,
however, must be taken with a very few exceptions, and
especially in the references to the acts passed in the year
1837, as a part of the sixth volume had been actually
printed before those acts were passed. In printing the
Statute 1830, chapter 58, the general act for the renewal
of the bank charters, which is constantly referred to in the
margin of the other acts, references to the preceding and
subsequent acts connected with it have been omitted, from
inability to make such references intelligible in a moderate
space.

The Acts in these volumes have been printed from the
pamphlet edition published annually by the Secretary of
the Commonwealth, and certified by him to be true copies
of the originals, engrossed on parchment. They have been
carefully examined throughout, and when any inaccuracy
w^as apparent or suspected, reference has been made to the
original parchments. In this way a large portion of the
acts have been examined, and numerous errors, especially
in the earlier volumes of that edition, have been detected ;

VII

and no labor short of an entire collation of every act
with the original has been spared, to make the acts printed
in these volumes exact copies of the originals. For these
examinations the Secretary of the Commonwealth has
furnished every needed facility.

A few acts passed before the first session of the General
Court under the Constitution in 1780, which are referred
to, or connected with the acts printed in these volumes,
and which have not been printed in any of the five pre-
ceding ones, will be found in an Appendix to the seventh
volume.

An index to the matters contained in it has been in-
serted in each volume, according to the directions of the
resolve.

SAMUEL B. WALCOTT.

November, 1837.

PRIVATE AND SPECIAL

OP

3i^®l

An Act lo cede to the United States the jurisdiction of a part of Billingsgate Island. CJlOl'). 1 .

BE it enacted by the Senate and House of Representatives, in Gen-
eral Court assembled, and by the authority of the same, That Cession of part
the consent of this Cominonvvealth be, and hereby is granted to the i[if,|'(i"'t|'*tj"s
United States, to purchase a tract of land, not exceeding four acres,
which shall be found necessary for the light house authorized by
Congress to be built, on Billingsgate Island, in Barnstable Bay ; and
may hold the same during the continuance of the use and appropri-
ation aforesaid ; provided, that this Commonwealth shall retain, and
does hereby retain concurrent jurisdiction with the United States, in Concurrent ju-
and over said land, so far as that all civil and criminal processes issu- ^'*y '^ '°° •'^'a""-
ed under the authority of this Commonwealth, or any officer thereof,
may be executed on any part of said land, or any buildings which
may be erected thereon, in the same way and manner as though this
consent had not been granted as aforesaid. [June S, 1822.]

An Act to extend liie powers of the Religious Charitable Society, in the County of Wor- (^hfirt 2
caster. / *

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same, That
the Religious Charitable Society, in the county of Worcester, be,
and they hereby are authorized and empowered to receive and hold May hold real
money or any other property, both real and personal, by gift, grant, ^n^^ personal
devise, or bequest, or otherwise, for any other charitable object,
besides those specified in their act of incorporation, and to apply the
same, or the proceeds and income thereof, to the particular object
or objects, designated by the donor : Provided, however, that the Proviso,
whole amount of their annual income, do not exceed the sum limited
in their said act of incorporation. [June 13, 1S22.]

An Act to incorporate the Associated Housewrights in Boston. C^hnn A

Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority of the

same, That Augustus Octavius Barton, Thomas Barry, Seth Cope- Persons incor-
porated.
VOL. VI. 1

1 822.-

■Chap. 4 — 6.

General pow-
ers.

land, Oliver Downing, John Drayton, Jose|)h Eustis, William God-
dard, Edward Gray, Joab Hunt, Isaac Jenkins, Foster Low, Nelie-
niiah Lovejoy, Ephraiin INIarsh, Oliver Mills, Alexander Parris,
Caleb Piatt, James Sargent, Jesse Sliaw, Joseph Siodder, Seih
Thaxter, William Todd, Mark Weare, together with their associ-
ates and successors, be, and ihey are hereby incorporated, by the
name of the Associated Housewrights in Boston ; with power to
have and use a common seal, and to make by-laws lor the govern-
ing the affairs of the said association, and the management and appli-
cation of its funds ; and also for promoting inventions, and improve-
ments in their art, by granting premiums ; to assist mechanics with
loans of money, and to relieve the distresses of unfortunate mechan-
ics and their families ; and shall have and use, all other privileges in-
cident and usually given by acts of incorporation to charitable socie-
ties. And the said association may hold real estate, not exceeding
in value two thousand dollars, and personal estate, not exceeding ten
thousand dollars-

Sect. 2. Be it further enacted^ That any two of the persons
First meeting, herein named, are hereby empowered to call the first meeting of the
said association, at such time and place as they may appoint, by giv-
ing personal notice to each of their associates, to choose iheir offi-
cers ; at which meeting the mode of calling future meetings, shall be
regulated and settled.

Sect. 3. Be it furllicr enacted^ That this act may be amended,
revised, and repealed, at the pleasure of the Legislature. [June
13, 1822.]

Real and per
sonal estate.

Legislative con
trol.

Chap. 5.

Persons incor-
porntcd.

Powers and
duties.

1808 cli. 65.

Capital Stock.
Real estate.

Chap. 6.

Persons incor-
porated.

An Act to incorporate the Boston Iron Conipan}'.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the
same. That Horace Gray, David Moody, and Samuel Dow, Junior,
their associates, successors and assigns, be, and they hereby are
made a coi'poralion, by the name of the Boston Iron Company, for
the purpose of rolling, cutting, and otherwise working iron, at Bos-
ton, in the county of Suffolk, and at Roxbury, in the county of
Norfolk ; and for this pin-pose shall have all the powers and privi-
leges, and be subject to all the duties and requirements, contained in
an act passed the third day of March, one thousand eight hundred
and nine, entitled " an act defining the general powers and duties of
manufacturing corporations, "and the several acts in addition thereto.

Sect. 2. Be it further enacted. That the capital slock of said
corporation shall not exceed four hundred thousand dollars ; and they
may be lawfully seized and possessed of such real estate as may be
necessary and convenient for the purposes aforesaid, not exceeding
in value the sum of one hundred thousand dollars, exclusive of the
buildings and improvements, that may be made thereon by the said
corporation. [June 13, 1822.]

An Act to incorporate the Salem Charitable Mechanic Association.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same,
That .Tohn Howard, Nathaniel Frothingham, Samuel Gray, and
John Derby, Junior, and all those who have associated, or may

1822. Chap. 6—7. 3

hereafter associate with them, be, and they are hereby incorporated
and made a body politic, for the term of twenty years, by the name
oftiie Salera Charitable Mechanic Association ; and by that name
shall be known in law, and shall be capable of suing and being sued,
and shall have power to have and keep a common seal, to make by- General pow-
laws, for the election of their members and officers, the collection of
assessments, the regulation of their meetings, and the appropriation of
their funds for charitable uses, and to effect the objects of their asso-
ciation.

Sect. 2. Be it further enacted, That the said corporation shall Real or person-
have power, and be capable in law, to purchase, take, have, hold,
use, retain and enjoy, in fee simple or otherwise, any real or person-
al estate within this Commonwealth, not exceeding twenty thousand
dollars in value in real estate, and ten thousand dollars in personal
estate ; and the same to sell, alien and dispose of at their pleasure.

Sect. 3. Be it further enacted, That the funds of said corpora- Disirihuiion of
tion shall only be employed in relieving the distresses of unfortunate *^^'"^''-
mechanics and their families, in promoting inventions and improve-
ments in the mechanic arts, by granting premiums for such inven-
tions and improvements, and in assisting young mechanics with loans
of money.

Sect. 4. Be it further enacted, That John Howard be, and he First Meeting-.
hereby is authorized to call the first meeting of said corporation, by
giving public notice of the time and place thereof, in the newspapers
printed in the town of Salem, fourteen days, at least, before the
time of said meeting. [June 14, 1822.]

An Act to incorporate the Trustees of the Nantucket Lancastrian School. f^Jin71 7

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same.
That there be, and hereby is established in the town of Nantucket, School estab-
in the county of Nantucket, a school, by the name of the Nantucket ''shed.
Lancastrian School, for the purpose of promoting piety and virtue,
and to give youth a proper English education, in such way as to
make the terms of tuition as low as possible, that the poor may be
acconmiodated, and the whole to be regulated, as the trustees here-
in after provided shall order and direct.

Sect. 2. Be it further enacted. That John Jenkins, Perez Jen-
kins, John Webster, Jonathan Smith, Job Colman, Thomas Daven-
port, and William Jenkins, be, and they hereby are appointed trus- Trustees,
tees of said school ; and they are hereby incorporated into a body
politic, by the name of the Trustees of die Nantucket Lancastrian
School ; and they and their successors shall be, and continue a body Corporate pow-
politic and corporate, by the same name forever ; and they shall ^'■^•
annually hold a meeting in March or April, for the choice of offi- Choice of offi-
cers, and as much oftener as may be necessary, to transact their '^"^'
business ; which meetings, after the first, shall be called in such way
and manner as the trustees shall direct.

Sect. 3. Be it further enacted, That the said trustees and their General pow-
successors, shall have one common seal, which they may break,
change and renew, from time to time, as they shall see fit ; and they
may sue and be sued, in all actions, real, personal or mixed, and pro-

4

1822.

■Chap. 7—8.

Trustees may
appoint officers.

secute and defend the same to final judgment and execution, by the
name of the Trustees of the Nantucket Lancastrian School ; and
may appoint an agent or agents to prosecute and defend such suits.

Sect. 4. Be it further enacted, That the said trustees and their
successors, shall and may, at any legal meeting, elect a president,
and a secretary to record the doings and transactions of the trustees,
and also a treasurer to receive and apply the monies of the said cor-
poration, as hereinafter directed, and they are hereby made ihe visit-
ors, trustees and governors of said school, in peipetual succession
forever, to be continued in the way and manner liereafier specified ;
with full power and authority to elect an inspecting committee, and
such other officers of said school as tiiey shall judge necessary and
convenient ; and to make and ordain such laws, orders and rules, not
repugnant to the laws of this Commonwealih, for the good gov-
ernment of said school, as to them shall seem fit and requisite.

Sect. 5. Be it further enacted, That the number of the trustees
aforesaid, shall not, at any one time, be more than nine, nor less
than five ; and five shall be necessary to constitute a quorum for
transacting business.

Sect 6. Be it further enacted, That as often as one or more of
the trustees aforesaid shall die or resign, the trustees then surviving
shall elect one or more persons from among the proprietors, to fill
such vacancy or vacancies.

Sect. 7. Be it further enacted, That the trustees aforesaid, and

their successors, be, and they hereby are rendered ca|)able in law,

to lake and hold, by gift, grant, devise, bequest or otherwise, any

Real or person- ] ^j^ tenements, or otVier estate, real or personal, which hath here-

al estate. ,. , . -i i i • i i r i

tofore been given or subscribed, or which may horealier be given or
subscribed, for the purpose aforesaid : provided, that the annual in-
come of the said estate, whether real or personal, shall not exceed
three thousand dollars, and that such gift or subscription be faithfully
aj)plied according to the real intention of the donor ; and all deeds
and instruments which the said trustees may lawfully make, shall be
signed by their treasurer, and sealed with their seal, and shall bind
the trustees, and be valid in law.

Sect. 8. Be it further enacted. That George Cannon, Esquire,
be, and hereby is authorized and empowered to appoint the time
and place for holding the first meeting of the said trustees, and notify
them thereof. [June 14, 1822.]

Inspecting^
Commiitee.

Rules and or-
ders.

Number of trus-
tees limited.

Vacancies filled
up.

Appropriation
of funds.

First Meeting.

^j Q An Act in further addition to an Act entitled "An Act to incorporate a Religious Society,

l^ll(ip» O. by tiie name of the First Parish in the town of Charlestown."

1802 ch. 107. Sect. 1. BE it enacted by the Senate and House of Representa-

(v. 3. p. 15G.] lives, in General Court assembled, and by the authority of the same^

I8it ch. 14 . rpj^^^^ j-^.^^^^ g^^j ^^^^^, ^j^g passing of this act, all persons who may

Who shall be
members.

Assessments.

usually attend the public worship of God, in the meeting-house of
the First Parish, in the town of Charlestown, not being proprietors
of appropriated pew s in said house, shall be, and hereby are declared
to be members of said corporation ; and they, with their estates,
shall, in common with the proprietors of pews, who are usual wor-
shippers in said house, be liable to a just proportion of all assess-
ments and taxes that may be necessary to defray the charges and ex-

1822. Chap. 8—10. 5

penses of said parish, over and above the income arising from the
pews as now taxed ; provided, however^ that no greater sum than
seven hundred and fifty dollars shall be so assessed and collected in
any one year. And all persons so becoming members of said cor-
poration, not being pi'oprietors of pews, and paying such assessments
as may be made to them in manner aforesaid, shall have a right t» ^. , ^ _ .
one vote in all the concerns of said parish, (except such matters and '^' " ^"""'?
things as may relate exclusively to the pews in said house,) and shall
also be entitled to all other rights and privileges, and subject to all [^.^"3"' '^"^''
duties aj)portaining to members of said coiporation.

Sect. 2. Be itfurHier enacted, That whenever said corjioration
shall vole and grant any sum of money, for the defraying of necessa-
ry parochial cl)arges, no unintentional error in assessing the same by
the enumeration of persons not members of said corporation, or the Validity of as-
omission of those who are, shall vitiate or annul such assessment, sessments.
with respect to those who shall be otherwise duly assessed. [^June
15, 1822.]

An Act to incorporate the City Blanufacturing' Company. CJldV' 9.

Sect. 1. BE it enacled by the Senate and House of Representa-
tives., in General Court assembled, and by the authority of the same,
That Otis Everett, .John French, and Eli Richardson, Junior, their Persons ineor-
associates, successors and assigns, be, and they are hereby incor- ^""^^ ^ '
porated, by the name of the City IManufacturing Company, for the
purpose of making cotton and woollen goods, in Franklin, in the
county of Norfolk ; and for this purpose shall have all the powers
and privileges, and shall be subject to all the duties and requirements. General powers.
prescribed and contained in an act passed on the third day of March,
in the year of our Lord one thousand eight hundred and nine, en- 1808 eli. 65.
titled ^'- an act defining the general jiowers and duties of manufacturing
corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said City Manufac-
turing Conipany, in their corporate capacity, may lawfully hold and
possess such real and personal estate, as may be necessary and con- Real and per-
venient, for carrying on said manufactures ; provided, the value of sonal estate.
the same do not exceed the sum of two hundred thousand dollars.
[June 15, 1822.]

An Act to incorporate the Dighton Manufacturing Company. CllttV 10.

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
That Israel Brayton, Oliver Chase, Eliab B. Dean, Josiah Dean, Persons incor-
EHsha Lincoln, Nahum Mitchell, James Maxwell, Clark Shove, P°'^'^^-
Nathaniel Wheeler, Nicholas Stephens, and Nathaniel Williams,
together with such others as may hereafter associate with them, and
their successors and assigns, be, and they are hereby incorporated,
by the name of the Dighton Manufacturing Company, for the manu-
facturing of cotton goods, at their manufactory, situated in the towns
of Wellington and Taunton; and for this purpose shall have all the General powers.
powers and privileges, and shall also be subject to all the duties and
requirements prescribed and contained in an act passed in the year of
our Lord one thousand eight hundred and nine, entitled " an act 1808 ch. 65.

6 1822. Chap. 10—11.

defining ilie general powers and duties of manufacturing corpora-
tions," and also the several acts supplementary thereto.
Real and per- Sect. 2. Be it further enacted, That the said corporation may
sonal estate. {^g lavvfuily seized of such real estate, not exceeding the value of
thirty thousand dollars, and of such peisonal estate, not exceeding
fifty thousand dollars, as may be necessary and convenient for carry-
ing on the manufacture aforesaid. [June 15, 1822.]

/^/i/Y-ri 1 1 An Act to incorporate the Tiuslces of the Ministerial Fund in the Second Parish in West
f^llUp. 1 1. Springfield.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General, Court assembled, and by the authority of the same,
Persons incor- That Timothy Allyn, Gad Warriner, Samuel Lathrop, Justin Ely,
porated. ^^^ Jonathan Smith, all inhabitants of West Springfield, be, and

they hereby are constituted a body politic and corporate, by the
name of the Trustees of the Agawam Congregational Fund ; and by
General powers that name sliall have perpetual succession, and may sue and be sued,
oM le trustees, pjgg^j gpj [-^q impleaded, may have a common seal, and shall possess
and enjoy such other powers and privileges, as are incident to cor-
porations, of a like nature.
May receive ^^07. 2. Be it further enacted, That the said trustees shall have

power to take and receive into their hands and possession, all such
sums of money, or the securities therefor, as have been paid or
secured to be paid, by any of the inhabitants of the Second Parish
in West Springfield, towards the suj)port and maintenance of a con-
gregational minister in said parish ; and may receive and hold such
further subscriptions, donations, grants, bequests, and devises, as
may hereafter be made to them, or the inhabitants of said parish, for
the same purpose, so that the annual income of said fund shall not
Shall appropri- Gxcced eight hundred dollars ; the interest of which fund shall be
ale interest only, forever appropriated, annually, towards the support of such congre-
gational minister, as shall from time to time be ordained and settled
over that denomination of christians in said parish, or in case of
vacancy, towards the payment of such candidate as maybe employed
by a majority of the people of that denomination to preach within
said parish, and (o no other purpose whatever. It shall not be lawful
for the said trustees to appropriate any part of the principal of said
fund, and they shall use their endeavors to preserve the same entire
and unimpaired. And if the said trustees, or citlier of them, shall
suffer the said fund to be impaired or diminished, through their per-
sonal misconduct or misapplication, they shall severally be respon-
sible to make good such loss out of their private estate.

Sect. 3. Be it further enacted, that the said trustees shall have

Fill up vacan- power, and it shall be their duty, to fill up all vacancies which may

'■'^s- happen in their board, by death, resignation or removal from the town

of West Springfield. And the said trustees may, if they think

proper, increase their number to seven ; but shall never suffer their

number to be reduced below three.

Sect. 4. Be it further enacted, That the said trustees shall

Appoint clerk appoint a clcrk, who shall be under oath faithfully to record all the

and treasurer. yQ^gg r^^id transactions of the board, and a treasurer, who shall give

bond to the trustees, and their successors, with sufficient surety or

sureties, with condition to do and perform all the duties incumbent

1822. Chap. 11 — 13. 7

oil him as treasurer ; wliich officers shall liold their respective offices
until others shall be chosen to succeed them.

Sect. 5. Be it further enacted^ That the records and proceed- Rrmnis lo he
ings of the said trustees shall at all times be open lo the inspection i'"'*'"^-
of any committee that may be appointed for that purpose by the
congregational denomination of christians in said parish.

Sect. G. Be it further enacted, That Timothy Allyn, Esquire,
be, and he hereby is authorized to call the first meeting of the trus- First meeting,
tees, at which time they may appoint the officers required by this
act, and may also determine on the mode of calling future meelings
of their board ; which they may change or alter at any subsequent
meeting : And it shall always be in the power of any two of the
trustees to call a nieeting of the board, when they shall think it Special meet-
necessary, by leaving a written notification at the dwelling-house of "'*^^"
each of the trustees, seven days previous thereto, designating the
time and place, and specifying ihe object of the meeting. [June
15, 1822.]

An Act in addition to an Act, entitled " An Act to regulate the Administration oC Justice (~^}iftr) ] <9
witliin the County of Suffolk, and for other purposes."' -l' "'

Sect. 1. BE. it enacted by the Senate and House of Represen- ^"'^ ^^' '°^'
tatives, in General Court assembled, and by the authority of the same,
That the Clerk of the Police Court within and for the city of Boston, C'erk of Police
shall also be clerk of the Justices' Court of the county of Sufifoik. clerk also oT the
All writs, summonses, and processes issuing from said last mentioned Justices' Coun.
court may be tested by either of the justices thereof, not a party
thereto ; and shall be signed by the clerk. And said clerk, or his
assistant, shall attend all sessions of said justices' court, and record
all proceedings therein had. And said clerk shall make out all writs
and processes which the said justices, or either of then), may order,
and tax all bills of cost. And said clerk shall receive and keep a
true and faithful account of all fees taxable by law, and payable for
blanks, fees of court, and copies in civil suits and actions ; and ren-
der a true and just account thereof quarter yearly, to the board of
accounts ; and all sums of money by him so received, shall be ac-
counted for and paid into the city treasury. And it shall be the duty Duty of clerk,
of said clerk to make a true and faithful record, according to law, of
the proceedings in every trial and process of a civil nature which
may be had before said justices' court. And said quarterly account
of said clerk shall be filed and recorded by the city treasurer, as is
provided in the fifth section of the act, providing for the administra-
tion of justice within the county of Suffolk, and for other purposes,
lo which this act is in addition. And said clerk shall be sworn, give
bond, and receive a compensation, as is provided in the fifth section
of the act aforesaid.

Sect. 2. Be it further enacted, That so much of the act afore- l^epeal.
said, as is inconsistent herewith, be, and the same hereby is repealed.
[June 15, 1822.] Add. act, 1831 ch. 65.

An Act respecting the Municipal Court of the city of Boston, and regulating the selections, (JJldf), \ 3.
the empannclling and services of Grand, Traverse, and Petit Jurors. *

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same.

1822.-

-Chai'. 13—14.

1799 ch. 81.

Adjouniment of
the court by
the clerk.

Attendance of
jurors.

Repeal of form-
er laws.

Powers of may-
or and alder-
men.

1807 ch. 140.

Chap. 1 4.

Suffolk.

Essex.

That the court of criminal jurisdiction, established by an act passed
on the fourth day of March, in the year of our Lord one thousand
eight hundred, and styled the Municipal Court for the town of Boston,
the jurisdiction of which was afterwards extended to the county of
Suffolk, shall hereafter be known and styled, " The Municipal Court
of the city of Boston," with all the jurisdiction, power and authority
vested in the said court.

Sect. 2. Be it further enacted^ That if it shall so hajjpen, that
the judge of the said court shall be unable to attend from sickness or
any other cause, on any day upon which said court shall be by law,
to be held, or to which said court shall stand adjourned, it sIk'II and
may be lawful for the clerk of said court to adjourn the same, either
to the next stated term, or to such earlier time, and to such place,
as the public convenience may, in his judgment, require. Audit
shall be the duty of the sheriff in attendance, or his deputies, to give
notice of such adjournment by proclamation, and by posting or pub-
lishing notice thereof, or in such manner as tiie said court may, by
any order or rule thereof, direct or a[)point.

Sect. 3. Be it further enacted^ That the said court shall have
power and authority to issue writs of venire facias, for tiie return of
traverse jurors from the city of Boston, conformably to law, whose
duty it shall be to attend the said municipal court, and to serve in all
cases where, by law, trial by jury is required therein ; and the said
traverse jurors, who may be drawn and returned for the respective
terms of said court, held in January, April, July and October, in each
year, shall be held and required to serve as such at the said terms
respectively, and also at the two terms next succeeding the said
respective terms.

Sect. 4. Be it further enacted^ That so much of the laws here-
tofore made, as required the traverse jinors drawn and returned to
the court of common pleas for the county of Suffolk, to serve at
any term of the said municipal court, be, and the same hereby are
repealed.

Sect. 5. Be it further enacted, That all the duties required of,
and powers given to towns, by the several laws " regulating the
selections, the impannelling, and the services of the grand, traverse,
and petit jurors," shall be exercised by the mayor and aldermen of
the city of Boston. [June 15, 1822.]

An Act to change the names of the persons therein described.

BE it enacted by the Senate and House of Rcprcsentatii-es, in
General Court assembled, and by the authority of the same, That
from and after the passing of this act, the several persons herein
named, shall be known and called by the names they are respectively
allowed to assume, namely : That George Howe, of Boston, book-
binder, may take the name of George Gedney Howe ; that Jesse
Holbrook, of Boston, merchant, may take the name of Henry I.
Holbrook ; both of the county of Suffolk ; that Richard Wheatland,
the third, of Salem, gentleman, may take the name of Richard Good-
hue Wheatland ; that John Tarbox Balsh, of Newburyport, mer-
chant, may take the name of John Theodorick Balsh ; that Amos
Buss, of Salem, trader, may take the name of Amos Sawyer Thorn-

1822. Chap. 14—16. 9

ton ; that Francis Huntress, of Salisbury, a minor, may take the
name of Joshua Follensbee ; all of the county of Essex ; that Time- Middlesex,
thy Brown, of Reading, j)aintcr, may take the name of Timothy
Noyes Brown ; that Sarah Hrown, of Billerica, may take the name of
Sarah Putnam Brown ; children of Timothy Brown of Tewksbury, all
ofthe county of Middlesex ; that Daniel Hunt of Weymouth, cord wain- Norfolk.
er, may take the name of A Ibert Hunt, ofthe county ofNorfolk ; that Jah- Plymouth,
leel 15renton, of Plymouth, in the county of Plymouth, printer, may
take the name of James Jahleel Brenton ; that Joseph Carpenter, Bristol,
the second, of Rehoboth, housewright, in the county of Bristol, may
take the name of Joseph Carpenter Brown ; that Sherebiah Hunt, Worcester.
Junior, of Ashburnham, may lake the name of Charles S. Hunt;
that Benjamin Savage, of Grafton, husbandman, may take the name
of Benjamin Dillingliam Phelps ; that Zenas Studley, of Western,
housewright, may take the name of Henry Zenas Studley ; that
Squire Wood, of Grafton, may take the name of Abijah Wood, all
of the county of Worcester ; that George Williams, of Deerfield, Franklin.
in the county of Franklin, may take the name of John George Wil-
liams : and the said several persons herein named, shall hereafter be
called and known by the names, which, by this act, they are respect-
ively allowed to assume as aforesaid ; and the same shall be consid-
ered as their only proper and legal names. [June 15, 1822.]

An Act Io empower the Court of Sessions in the County of Middlesex to authorize the erec- C/Jl(tT), \ 5,
tion of a Bridge across Charles River. -^

BE it enacted by the Senate and House of Representatives^ in
General Court assembled^ and by the authority ofthe same, That
the justices of the Court of Sessions, within and for the county of
Middlesex, may, and they are hereby empowered to authorize and
direct any person or persons, corporation or corporations, on appli- Court of Ses-
cation therefor, at their discretion, to erect and maintain a bridge, sions mav au-
either with or without a draw, across Charles River, from Water- to btT buiit'^ovlr
town to Brighton, to be open and free for all persons whomsoever, Charles River,
to travel over and upon at their pleasure ; provided, that no part of town to Brigh-
the expense of erecting and supporting such bridge shall ever be *°"-
chargeable upon the county of Middlesex, or any of the towns belong-
ing thereto, without their consent. [June 15, 1822.]

An Act to provide for the erection of Two Story Wooden Building-s in the city of Boston. C^Jl(tY) Ifi

Sect. 1. Be it enacted by the Senate and House of Representa- i8i7ch 171
tives, in General Court assembled, and by the authority ofthe same, 1821 ch. 26: 31.
That from and after the passing of this act, it shall be lawful to erect,
within the city of Boston, two story wooden buildings, to be used Two story
for dwelling-houses and for no other purpose, except for such pur- ^^oo'^c" '^"'i^-
poses as may be approbated by the firewards of said city of Boston, erected,
ofthe following description, to wit : The posts to be not more than
eighteen feet — the roof to be of a regular pitch of one third ; the
bottom of the sills to be elevated not exceeding eighteen inches
above the level of the street, or above the point where such level
shall be determined on by the city authorities ; such buiic/ings in no
case to be more than thirty feet in height from the bottom of the
sill to the highest point of the roof ; and in no case to be more than

VOL. VI. 2

10

1822.-

-Chap. 16—17.

Brick partllion
walls.

Slated roofs.

forty by twenty-five feet on the ground : — The roof to be slated, and
to have at least one window or scuttle in the same.

Sect. 2. Be it further enacted, That whenever two or nriore
buildings as aforesaid shall be joined together, there shall be a parti-
tion wall of brick, at least eight inches in thickness, to extend in
height at least to an even surface with the under side of the slating of
the roof; and whenever any such building shall be erected within
five feet of the boundary line of the owMier or owners of the land on
which it may be built, unless such boundary line be on the highway,
it shall have a brick wall of like thickness on the side so adjoining :
provided, that no two story wooden buildings provided for in this act,
shall be erected within ten feet of each other, unless one of them
have a brick wall on the side next adjoining, of the dimensions afore-
said.

Sect. 3. Be it further enacted, That whenever any outbuild-
ings shall be connected with the dwelling-houses provided for in
this act, of more than eleven feet in height, the roof of such out-
buildings shall be covered with slate.

Sect. 4. Be it further enacted, That from and after the pass-
ing of this act, no wooden building shall be erected within the city
of Boston, except in that part called South Boston, in a range of
more than fifty feet extent, without the intervention of a brick parti-
tion wall, of at least eight inches in thickness, such wall to extend
six inches at least above the surface of the roof; and no wooden
buildings shall be placed within four feet of each other, unless the
wall of one of them so adjoining, be of brick or stone, of the thick-
ness aforesaid.

Sect. 5. Be it further enacted. That any person who shall be
convicted in due course of law, of violating any of the ))rovisions of
this act, either by himself or agent, shall forfeit and pay for each and
every such violation, not less than fifty, nor more than five hundred
dollars ; which penalty he shall pay annually, until such building
shall be removed, or constructed according to law ; one half of said
penalty to enure and be paid to the person who shall complain or
sue for the same, and the other half to said city of Boston ; the same
to be recovered in an action of the case, or by indictment.

Sect. 6. Be it further enacted. That all laws now in force, so
Repeal of laws. f^j. gg jj^gy g,.g inconsistent with the provisions of this act, be, and
the same are herebv repealed. [June 15, 1822.] Add. act —
1826 ch. 144 : 1829 ch. 34 : 1835 ch. 139.

Reslrictions.

Penalties.

Chap. 17.

Persons incor-
porated.

An Act to incorporate the Second Congregational Society in Lynn.

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same.
That Samuel Brimblecom, Ezra Hitchings, William Badger, Hen-
ry Newhall, Henry A Breed, James Phillips, Junior, William
Chadwick, George Bracket, and Benjamin Clitibrd, with their asso-
ciates and successors, be, and they hereby are incorporated as a
religious society, by the name of the Second Congregational Society
in Lynn ; with all the privileges, powers, and inmuinities, to which
other relisiious societies in this Commonwealth are by law entitled.

Sect. 2. Be it further enacted, That said society shall be capa-

1822. Chap. 17—19. 11

ble in law, to purchase, hold and dispose of any estate, real or per-
sonal, for the use of said society ; provided, the annual income there- Estate,
of shall not exceed at any time, the sum of three thousand dollars.

Sect. 3. Be it further enacted, That the said society may have
power to elect all necessary ofilcers, and to order and establish such
regulations, rules and by-laws for their government, and for the man- Ru1„ and by-
agement of their jiroperty and concerns, as they may see fit ; pro- Jaws.
vided, the same be not repugnant to the constitution and laws of this
Commonwealth.

Sect. 4. Be it further enacted, That the persons named in the
first section of this act, or either of them, may cause the first meet- First Meeting,
ing of said society to be called, for any purpose specified by them, to
be posted up in some public place in said Lynn, giving notice of
the time and place of said meeting ; at which meeting said society
may agree on the mode of notifying future meetings. [June 15,
1S22.]

An Act to incorporate the Amesbury Flannel Manufacturing Company. C^ltrtTt 1 P

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same.
That Amos Lawrence and Abbott Lawrence, their associates, sue- Persons incor-
cesors and assigns, be, and t!iey are hereby made a corporation, by porated.
the name of the Amesbury Flannel Manufacturing Company, for the
purpose of manufacturing wool, at Amesbury and Salisbury, in the
county of Essex ; and for this purpose shall have all the powers and
privileges, and be subject to all the duties and requirements, contain- General pow-
ed in an act passed on the third day of March, In the year of our ^"•
Lord one thousand eight hundred and nine, entitled "an act defining
the general powers and duties of manufacturing corporations," and isosch. 65.
the acts in addition thereto.

Sect. 2. Be it further enacted, That the capital stock of said Capital stock,
corporation shall not exceed the sum of one hundred and fifty thou-
sand dollars ; and they may, in addition to the sum aforesaid, be law-
fully seized and possessed of such real estate, as may be necessary
and convenient for the purpose aforesaid, not exceeding the value of
seventy five thousand dollars, including the buildings and improve-
ments that may be made thereon, bv the said corporation. [June
15, 1822.]

An Act in addition to an Act, entitled '' An Act to incorporate certain persons into a C/JlClJ}, 19,
Companj', by the name of the Leclimere Point Corporation." * *

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
That an act, entitled " An Act to incorporate certain persons into a
company, by the name of the Lechmere Point Corporation," be. Continuation of
and the same is hereby revived and continued in force, for the term <"o''PO''aie pow-
of six months from the passing of this act, and no longer, to the end
of enabling said corporation to sell and dispose of their estate, by
partition or otherwise, and to settle their affairs.

Sect. 2. Be it futher enacted, That it shall be, and hereby is
made lawful for the proprietors of the Canal Bridge, so called, to
purchase of said Lechmere Point Corporation, all the flats belonging Purchase of
to the said proprietors, and also such part of the upland belonging to ^^'^-

12 1822. Chap. 19—24.

the said proprietors, not exceeding ten acres in the whole, as they
may judge to be convenient and advantageous to their interest in said
bridge, and to hold, improve, or sell the same, as they may see fit.
Sect. 3. Be it further enacted, That it sliall be lawful for the
said proprietors, and their legal representatives, and for the guar-
dians of minors interested in said land, if need be, to grant, sell and

Rights may be convey to the said corporation, their respective rights, title and inter-
est in said land, to the end that the same may be revested in said
corporation, in the same manner, and to the same uses and intent as
if the said act, to which this is in addition, had not expired : pro-

Proviso. vided always, that this act shall not be in force or take effect, until

all and each of said proprietors, or their legal representatives, and
the said guardians of minors, shall by writing, under their hands, have
expressly consented to the same. [/»ne 15, 1822.]

ChWD 23 ^"^ ^*^^ '" '^'^'''^ '° ''*® United Stales the jurisdiction of a site for a Light House on the Island
-» * * of Kutta Huni<.

BE it enacted by the Senate and House of Representatives, in

General Court assembled, and by the authority of the same, Tliat

the jurisdiction of two acres of land on the north western extremity

Cession of land, of the Island of Kutta Hunk, in this Connnonwealth, be, and hereby

tor a liffht house . , itt-ioica • r \ c

onKuitaHunk. IS granted to the United States oi America, lor the purpose oi erect-
ing a light house on the same ; provided, that this Comtnonwealih
shall retain, and does hereby retain, concurrent jurisdiction with the
United States, in and over said land, so far, as that all civil and
criminal processes issued under the authority of this Commonwealth,
or any officer thereof, may be executed on any part of said land, or
in any building which may be erected thereon, in the same way and
manner, as if jurisdiction had not been granted as aforesaid. [June
15, 1822.

/~tt o » -^^ ^'^'^ '" incorporate the Trustees of the Ministerial Fund in the Town of Pitisfied, in the

Cfiap. Z4<. County of Berkshire.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same,
^oraTe"d '"'^°'' ^^^^^^ Deacon Daniel Crowfoot, Calvin Martin, Samuel M. McKay,
Thomas B. Strong, Joseph Shearer, Nathan Willis, and John C.
Williams, Esquires, all of said Pittsfield, be, and they are hereby
appointed trustees for the prudent management ol the fund of the
congregational society in the said town ; and for that purpose shall
be a body corporate and politic, by the name of the Trustees of the
Congregational Ministerial Fund in Pittsfield ; and they and their
successors in that office, shall have and use a common seal, and by
General powers, the same name may sue and be sued in all actions, real, personal or
mixed, and may prosecute and defend the same to final judgment
and execution ; and shall exercise all other powers and privileges
incident to similar corporations : and the same trustees, and their
Annual election succcssors, may and shall annually elect a president, and a treasurer,
of president and to rcccive and apply the monies which may be given to the said
treasurer. fund, as he may from time to time be directed by the trustees ; of

which receipts and expenditures, he shall keep a correct account,
open at all times to the inspection of the said trustees.
Clerk and other Sect. 2. Be it further enacted. That the said trustees, and
officers. their successors in office, shall annually elect a clerk, who shall be

1822. Chap. 24. 13

sworn (iiithrully to record the doings of the said trustees, and may
also elect and appoint any other needful ofhcers or agents, for the
better management of their concerns ; and all such elections shall be
by written votes.

Sect. 3. Be it further enacted, That the number of trustees Number of trus-
shall never exceed seven, nor be less than five, any lour of whom ^'^e^-
may be a quorum for doing business ; and they shall have power,
from time to time, to fill vacancies in their number, happening by
death, resignation, or removal from said town of Pittsfield ; and the
said trustees, and each of ihem, shall be responsible to the said Responsibiiiiy
society for their personal misconduct or neglect, and liable to prose-
cution for any loss or damage to the said funds, arising thereby ; and
the debt or damage recovered in such case, shall be considered as
belonging to the said fund, and applied accordingly. And the said
trustees shall hold a meeting yearly in March or April, and as often Yearly meeting,
as the affairs of the said fund may require ; which meeting shall be
notified and called in such way and manner as the said trustees, at
any meeting, may order and direct ; and the treasurer of the said fund
shall give bond to the acceptance of the said trustees, whose duty it Treasurer to
shall be to obtain the same, for the fliithful performance of his duty, g'vebond.
and be at all times responsible for the faithful application and expen-
diture of monies which may come into his hands, conformably to the
true intent and meaning of this act, and for all negligence or miscon-
duct of any kind in said office.

Sect. 4. Be it further enacted, That the said trustees be, May sell and
and they are hereby empowered to sell and convey the ministerial ^'^''j'lg^^l"'"'^'®'
lot of land, lying in said Pittsfield, appropriated for the use of the
ministry, and to make, execute, and acknowledge good and sufficient
deeds thereof ; which deed or deeds, subscribed by the treasurer,
and countersigned by the clerk, with the seal affixed, shall be good
and effectual in law, to convey the fee simple from said parish to the
purchasers ; and the proceeds of such sale shall constitute a part of
said fund ; and the said trustees shall be holden to render to the
said congregational society a true account of their doings respecting
said fund, yearly, and the amount of its income, and to provide that Appropriation
the income thereof shall be duly and regularly applied to the use of'un^s.
designed, to wit, to the support of the public worship of God in the
said society. And the said trustees and others, who may be em-
ployed by them in the business of the said fund, shall receive no
compensation therefor from the monies of the said fund, but a reason-
able compensation may be made to them by the parish, at their
discreUon.

Sect. 5. Be it further enacted, That the said trustees and their Real and per-
successors be, and they are hereby empowered to take and hold, by
gift, grant, or otherwise, any real or personal estate, for securing the
interest of said fund ; provided, the annual income thereof shall not
exceed the sum of two thousand dollars.

Sect. 6. Be it further enacted. That if said trustees, or their Misapniicaiion
successors in office, shall ever wittingly and designedly apply any
part of said fund, or any part of the interest thereof, to any other
use or purpose than is provided for in this act, then their authority
and power as trustees shall become void ; or should the said town of

14 1822. Chap. 24—25.

Pittsfield, into whose treasury the interest aforesaid is to be paid,
apply the same contrary to the intent of the donors, then the said
Ibnd shall revert to the original donors respectively, and their heirs,
in the sanfie proportion as first given by them.
First meeting. Sect. 7. J3e it further enacted, That any justice of the peace
for the county of Berkshire, upon application therefor, is hereby em-
powered to issue a warrant to one of the trustees before named,
requiring him to notify and call the first meeting of the said trustees, at
such convenient time and place as shall be appointed in said warrant,
to organize the said corporation, by the election and appointment of
its officers. [June 15, 1822.]

diet]). 25. ^^" ^^^ '° cstablisli the Essex Mill Corporation.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same,
Persons incor- That Jolin Dcxtcr, Wiuihrop Low, William Andrews, Junior,
poratei. Gcorge Clioat, Dudley Cheat, Enoch Low, Ezra Perkins, Joshua

Low, John Cheat, and James Perkins, their associates, successors
and assigns, be, and they hereby are made a body politic and cor-
porate, by the name of the Essex Mill Corporation ; and by that
name may sue and be sued, prosecute and be prosecuted to final
judgment and execution thereon, in any court or courts within this
General powers. Commonwealth ; and said corporation shall have power to make and
use a common seal, and the same to break and alter at pleasure ; and
may, from time to time, make such by-laws, not repugnant to the
constitution and laws of this Commonwealth, and appoint such officers
and agents, and give them such authority as may be necessary for
Real and per- the due regulation of their affairs ; and to promote the objects of
the corporation, may hold real and personal estate, not exceeding in
value the sum of ten thousand dollars, and may do and suffisr all other
acts and things which bodies corporate may or ought to do or suffer.
May i)uiki dam Sect. 2. Be it further enacted, That said corporation may
with passage for build a dam across Chebacco river, at or near the Great Bridge, so

boats, and erect ,, , • , c i^ • i r t^ • i

mills, called, in the town oi Essex, ni the county ot Essex, with gates

twenty feet wide, for the passage of large boats and other water craft,
free of toll, and sluice ways and other erections necessary to admit
and detain the tide waters from the upland, on the north side of said
river, to the upland at Thompson's Island, so called, on the south
side thereof, at the heighth of the surface of the marshes ; and may
erect a saw mill and other mills thereon ; provided, said corporation
shall make in or at the end of said dam a good and sufficient lock
or locks, fifteen feet wide and fifty feet in length, for the passage of

Boats to pass flat bottom boats, gondolas, and other water craft, and shall attend

tree of toll. g,-|j aji^^jt ^\■^Q game, free of toll, through said lock, for the ordinary
purposes of business, at all times when requested, except Sundays ;

Waste gate. and provided, also, that said corporation shall make a waste gate,
twelve feet wide, and eighteen inches deep from the top of said dam,
which shall be kept open at all times when the high marshes are
flowed above said dam. And said corporation may keep and main-
tain all their said mills and works forever, and no person shall dispose
of said waters, without the consent of said corporation.

Shares of stock. Sect. 3. Be it further enacted, That the stock and property

1822. Chap. 25. 15

of said corporation shall be divided into one hundred shares, and
shall be deemed and taken to be personal estate ; certificates of
which shares shall issue under the seal of said corporation, signed by
the president, and countersigned by the treasurer thereof; and said
shares may be transferred by deed duly executed and acknowledged
before any justice of the peace, and recorded by the clerk of said
corporation, in a book to be kept for that purpose.

Sect. 4. Be it further enacted^ That John Dexter, Winthrop First meciing.
Low, and William Andrews, Junior, or the major part of them, may
call the first meeting of said corporation, by posting up notifications
of the time and place of holding the same, in two or more public places
in said town of Essex, ten days at least before the time of holding
the same ; at which meeting a clerk shall be chosen and sworn to
record the doings thereof, and a committee of three persons shall be
raised to open a subscription for said shares ; and when sixty shares Subscripiions.
shall be subscribed for, (no person being permitted to subscribe for
more than twenty-five shares), the said committee shall call a meet-
ing of the subscribers, at some convenient time and place, for the
purpose of more fully organizing said corporation ; at which meeting,
each subscriber shall be entitled to as many votes as he has shares.

Sect. 5. Be it further enacted, That said corporation, or its Assessments,
officers duly authorized by its by-laws, may lay such assessment on
the shares subscribed for, not exceeding one hundred dollars on
each share, as may be necessary to effect the object of said corpora-
lion ; and in case the sum so raised shall be insufficient for that pur-
pose, the said corporation, or its officers aforesaid, may raise the
necessary funds by selling any of said shares that shall not be taken
up by subscription, or by creating and selling any number of shares
over and above the number of one hundred herein before provided
for. And if any assessment shall not be paid within thirty days from Shares of delin-
the time appointed therefor, the treasurer shall sell the share or shares s"ij" ^
on which such assessment remains due, or so many of them as shall
be necessary to raise the amount due from any proprietor, with in-
terest and charges, at public vendue, first giving notice of the time Notice of sale,
and place of sale, by posting up notifications thereof in two or more
public places in said town of Essex, and in two or more adjoining
towns, ten days at least, previous to said sale ; and the surplus of
the proceeds of such sale, after paying the amount due as aforesaid,
shall be paid to the former owner of the share or shares sold ; and
the treasurer's deed of such shares, duly executed, acknowledged
and recorded, by the clerk of the corporation as aforesaid, shall pass
the said share or shares to the purchaser, to all intents and purposes,
and shall entitle him to a certificate thereof; or said corporation may Action of debt.
have an action of debt in any court competent to try the same, to
recover the amount of said assessment, with interest and cost, at
their election.

Sect. 6. Be it further enacted, That if said corporation shall Limitation of
not build, or cause to be built, the dam aforesaid, and shall not erect ^'"* »'^^-
a saw mill or other mills, within five years from the passing of this
act, then the same shall be void. [June 15, 1822.]

16 1822 Chap. 26—27.

Ckftl) 26 ^^^ ^^^ authorizing an extra Term of llio Court of Sessions, in the County of Hampshire.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same, That
Extra term. there be an extra term of the Court of Sessions in the county of
Hampsliire, on Thursday, the sixteenth day of January current ; and
that the justices of said court be, and they are hereby empowered to
act upon all such subjects as may then be brought before them, in
the same way and manner as at any regular term thereof : Provided,
that any matters or things now pending in said court, shall be pro-
ceeded in, heard, and determined, as if this act had not been passed.
[Jan. 7, 1823.]

ChcfT)' 27. "^" ^^^ ''^ incorporate the Blackstone Canal Company.

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
Persons incor- That John Davis, William E. Greene, John W. Lincoln, Lemuel
porated. J)^y\s^ Edward D. Bangs, John Warren, John M. Earl, Daniel

Waldo, Isaiah Thomas, Rejoice Newton, Reuben Sikes, Oliver
Fisk, Theophilus Wheeler, John Green, Asa Hamilton, Benjamin
F. Heywood, their associates, and successors, are hereby constituted
and made a body politic, and shall be and remain a corporation for-
ever, under the name of the Blackstone Canal Company ; and
enera powers, j^^ ^|j^j^ name may sue and prosecute, and be sued and prosecuted to
final judgtnent and execution; and may have a common seal, and the
same may break, alter and renew, at pleasure ; and shall be, and
hereby are vested with all the power [powers'] and privileges which
are by law incident to corporations of a similar nature, and which are
necessary to carry into effect the objects of the association,
canal loT-"^"*^' Sect. 2. Be it further enacted. That the said corporation may,
&,c. ' ' and hereby is authorized to locate, construct, and fully complete a
navigable canal, with locks, tow-paths, basins, wharves, dams, em-
bankments, toll-houses, and other necessary appendages, commenc-
ing in or near the village of Worcester, and from thence down the
Direction of ca valley of the Blackstone River, in a direction toward tide-water, in
such place or places, as may be deemed most convenient for said
company, to the boundary line, between the States of Massachusetts
and Rhode Island ; with further power to employ and use, as reser-
voirs for the purpose of supplying with water said canal, or such works
as may have any portion of their waters diverted from them to supply
said canal, North Pond, so called, in the northerly parts of Wor-
cester, Quinsigamond, or Long Pond, so called, lying partly in
Worcester and partly in Shrewsbury, and Dorety Pond, so called,
lying in Millbury, with such other ponds as lie upon or near said
route, and also to save the flood and other waters in said ponds,
Artificial rescr- and to construct artificial reservoirs for the purposes aforesaid. And
^'°"'^- J the said corporation shall have power to connect with said canal,

by feeders, or by navigable canals, any or all said ponds and reser-
Damagcs. voirs : Provided, however, that all damages which may be occasioned

to any person or persons, by any of said canals, reservoirs, or
feeders, in the construction thereof, shall be satisfied by said cor-
poration, in manner hereinafter mentioned.

Sect. 3. Be it further enacted. That if at any time after said

1822. Chap. 27. 17

canal, or any of its branches or feeders are located, unforeseen ob-
stacles, impediments, or inconveniences occur, on the route located,
the said corporation shall have power to deviate from the course May alter loca-
marked out, so Air, and in such manner, as may be best calculated "°"-
to surmount, overcome, or avoid such obstacles or inconveniencies ;
said corporation satisfying all damages which may be occasioned
thereby, in the manner hereinafter provided. And said corporation
may, lioni time to lime, make such alterations in the course of
said canal, its feeders, and branches, as may be found necessary
or expedient, satisfying all damages in manner aforesaid.

Sect. 4. Be it further enacted^ That said corporation be, and
hereby is authorized and empowered to purchase and hold, to them Limitation of
and their successors forever, real estate, not exceeding the value of ^'^^
three hundred thousand dollars, and may erect mills and other works,
on the waters connected with said canal, feeders, and reservoirs.

Sect. 5. Be it further enacted^ That a toll be, and hereby is
granted and established for the sole benefit of said corporation for-
ever, according to the rates following, viz. ; for every ton, (compu- Rates of toll,
ting by weight or admeasurement, at the election of said corporation,)
that shall be transported upon said canal, or any of its branches, after
the rate of six cents per mile. And all boats or other vessels navi-
gating said canal, or any of its branches, whether empty, or loaded
in part only, shall be subject to pay the same toll for every ton ,

burthen they are capable of carrying : and the right to take toll shall
commence as soon as said canal, or its branches, or any part thereof
shall be completed.

Sect. 6. Be it further enacted^ That the said corporation shall
have power, from time to time, to make and ordain such by-laws. By-laws, &c.
rules and regulations as may be necessary, touching the premises,
especially to fix upon and determine the size of boats, rafts, and all
vessels, that shall be used for the purpose of navigating said canal ;
to determine the passing the locks, and what commodities shall not
be transported, during a want of water, should such an event happen,
on any portion of said canal ; provided, the same be not repugnant
to the constitution and laws of this Commonwealth : and the penalties
provided by said rules, by-laws and regulations, may be sued for and Penalties,
recovered by the treasurer of said corporation, or by any other per-
son by them authorized, to their use and benefit, by an action of the
case, before any justice of the peace, or any court proper to try the
same, which penalties shall in no case exceed the sum of ten dollars:
and said corporation shall cause all such by-laws, to the breach of
which penalties are affixed, to be printed, and a copy thereof to be
placed in some conspicuous situation at each toll-house ; and if any
person or persons, shall wantonly or maliciously mar, deface, or pull
down any copy so set up, said corporation may sue for and recover to
their own use, in manner aforesaid, a sum not exceeding five dollars,
of any such person or persons.

Sect. 7. Be it further enacted, That if any person or persons, Damages for in-
shall wilfully, maliciously, or wantonly, and contrary to law, obstruct j^f^'ng i''e canal,
the water or navigation, or in any way spoil, injure, or destroy said
canal, or its branches, feeders, or reservoirs, or any part thereof,

VOL. VI, 3

18 1822. Chap. 27.

or any thing belonging thereto, or any material to be used in the con-
struction thereof, he, she, or they, or any person or persons, assisting,
aiding or abetting in such trespass, shall forfeit and pay to said cor-
poration, for every such offence, treble such damages as shall be
proved before the justice, court, or jury, before whom the trial shall
be had, to be sued for and recovered before any justice or in any
court proper to try the same, by the treasurer of said corporation, or
other officer, whom they may direct, to the use of said corporation :
Oflenders pun- ^nd such oflendcr or offenders shall be liable to punishment bv the

ished by fine, , . r i ■ i r -itt r r,^ ''

&;c. grand inquest lor the said county ot Worcester, lor any oltence or

offences, contrary to the above provisions, and on conviction thereof,
either in the supreme judicial court, or any court of common pleas,
to be holden in said county, shall pay a fine not exceeding five hun-
dred dollars, and not less than thirty dollars, to the use of the Com-
monvveallh, or may be imprisoned for a term not exceeding three
years, at the discretion of the court before w hoin the conviction may
be had.
Location lo be tSECT 8. Be it further enacted, Thni whcDCvev sa.\(] corpornuon
reported to the g|jg]| ^^^^ located Said canal, or any part thereof, or the feeders or

court of aession>. , , , ^ ', / ' , ' , r

branches tliereto, or any ol ihem, they may make a report thereot to
any court of sessions, then to be holden, within and for the said
county of Worcester, or to any adjourned term thereof, wherein they
shall particiilaily describe the bearings of the intended route, or any
section thereof, its width, including tow-paihs, embankments, basins,
wharves, excavations, the reservoir intended to be constructed or
used, and the names of the owners of the land, so far as the same
can be ascertained ; which said report so made of the whole, or of
any section, or of any one or more of the feeders, or branches, or res-
ervoirs, shall be placed on the files of said court, and notice be given
thereof to the owners of the land embraced therein, if known, in
such manner as the court shall direct, at the expense of said cor-
Comniissloners poraiion. And the said court shall thereupon appoint three discreet,
to e appointed. .^^^ disinterested freeholders of said county of Worcester, (vacancies,
if any happen, to be filled by the said court,) to estimate all damages
which any person or persons, whose lands are described and men
tioned in such report, shall sustain ; provided, such canal, or any
branch, or feeder thereof, or basin, wharf, or other appendage or
appurtenant, be constructed thereon. And the said commissioners,
before they proceed to execute their duties, shall be sworn to a
faithful and impartial discharge thereof, and shall give public and
seasonable notice, in such manner as said court shall direct, to all
ciaiinsfordam- persons interested, to file their claims, if any they have, which have

ages to be filed. ^ i i j ^ -j .■ •.! r -j

not been released to said corporation, with some one oi said commis-
sioners, or with the clerk of the courts for said county of Worcester,
within thirty days from the date of said notice. At the end of the
term allowed for filing such claims for damages, the commissioners,
or a majority of them, having previously given notice to all parties
interested, of the time, and of the extent of the route to be examined,
by publishing in one or more of the public newspapers printed in
Worcester, in the county of Worcester, an advertisement thereof in
three successive papers at least, shall pass over the premises so intend-
ed to be used by said corporation, for the purposes aforesaid, and after

1822. Chap. 27. 19

hearing the parties in interest, shall, according to tlic best of their skill

and judgment, estimate all such damages as they shall think any person

or persons, coi()oralion or corporations, shall sustain by the opening Estimate of

of such canal, or any of its branches or feeders, through his, her, or ^*'"^&^8-

their land, or by the construction of any reservoirs, embankments,

tow-paths, basins, wharves, oj- any other appendages, over and above

the benefits and advantages which the said commissioners shall judge

may accrue to such person or persons, corporation or corporations,

from opening said canal. And the said commissioners, or a major part Commissioners

of them, shall make return of their doings as soon as may be, to the !° "^^^.^ f^'""""

• 1 r ■ I 111 1 "^n 1 to court of ses-

said court ol sessions, to the end that the same may be allowed, ac- sions.
cepted, and recorded ; and the said court shall thereupon order the
said report, or the substance thereof, to be forthwith published in
one or more of the newspapers printed in said Worcester, tiiree
weeks successively, at the expense of the corporation. And if the
said corporation, or any person or persons interested, shall be dis-
satisfied with the estimate of said commissioners, application may be
made by such dissatisfied party at the next term of said court of
sessions after the return and acceptance of such report, and after its
publication as aforesaid, for a jury to hear and finally determine upon
the amount of damages to be assessed in the case complained of;
which said jury shall be summoned by the sheriff, under the direction juries may be
of the court, in manner prescribed by law in case of complaints for f/'"*^'^' '^ "^^^^'^
damages occasioned by tlie laying out of highways, and ihey shall be ' "'"
under oath according to the provisions of law in such cases ; and if
the party injured in his, her or their estate, apply for such jury, and
fail to obtain increased damages, such party shall be liable for all
legal costs arising after the entering of such application for a jury,
and said court shall enter judgment and issue execution accordingly :
and if said corporation apply for a jury, and fail to obtain a diminu-
tion of damages, it shall in like manner be liable for costs, and said
court may enter judgment, and issue execution for such costs ; and
if within ninety days after the said corporation shall have entered
upon the land of any person or persons, and commenced the process
of excavation or embankment for the purpose of constructing said
canal, or any of its branches, feeders, or reservoirs, it shall not pay or
cause to be paid the damage (if any) so assessed in manner afore-
said by said commissioners or such jury, such person or persons, on
whose land such operations are so commenced may have an action of
debt against said corporation, in any court proper to try the same to Corporation
recover such damages, and executions from whatever court the same "^^^ ^^ ^"^^•
may issue for damages assessed as aforesaid, or costs, shall be in
common form, mutatis mutandis^ and may be levied upon the goods,
estate, or lands of said corporation, or any member thereof; and in
case it issue from the court of sessions aforesaid, for costs as afore-
said, it shall be made returnable at the term of said court then next
ensuing: and the report of said commissioners, when accepted and
recorded, and not appealed from in manner aforesaid, or the verdict
of a jury being returned and recorded, shall forever be a bar to any
other action commenced for damages against said corporation on
account of the injury for which such damages were awarded, other
than as is herein provided, saving only that when yearly damages are

1822..

■Chap. 27.

Alterations
made after loca-
tion.

Proviso.

Referees.

Capital Stock.

Organization of
company.

Oflicers to be
cliosen.

Right to vote.

Shares.

assessed, the party in whose favor they are assessed or ascertained
by jury, shall have his action of debt to recover the same when pay-
able, during the continuance thereof.

Sect. 9. Be it further enaeted^ That if after said canal shall
be located, and a report of commissioners be made thereon, in man-
ner aforesaid, any alterations shall be made in the course thereof, or
in the course of any of its branches or feeders, or if any new reser-
voirs, branches or feeders shall be made in aid of said canal, the
damages may be estimated in the same way and the same proceedings
had in manner provided in this act : Provided, Jiou-ever, that in all
cases it shall be competent for said corporation, and any person or
persons, corporation or corporations, injured by the location of said
canal, or any of its tributaries or appendages, to submit the question
of damage *o such referees as they may agree upon, whose award,
when returned to the said court of sessions and accepted, shall be
final, and said court may enter judgment accordingly ; and said com-
missioners in all cases shall be allowed three dollars a day for their
services.

SccT. 10. Be it further enacted, That the said corporation
shall be and hereby arc authorized to raise sufficient funds for the
accomplishment of the objects aforesaid, and for that purpose they
may, as soon they shall see fit, after the passing of this act, open
books at some suitable place or places wherein subscriptions may be
entered for shares in the capital stock of said corporation, each
share to be of the amount of one hundred dollars, and each person
so subscribing to be a member of said corporation, for all purposes ;
and as soon as one thousand shares have been subscribed, said cor-
poration may be organized in manner following, to wit : the peti-
tioners or any three of them may make application to any justice of
the peace for the county of Worcester, requesting him to call a
meeting of the proprietors to be holden at some convenient place
within the said town of Worcester, whereupon such justice may
issue his warrant to any one of said members, directing him to notify
them to meet at such convenient time and place, in said Worcester,
as he may therein appoint, to do and transact all such matters and
things as may be expressed in said warrant ; and the member to
whom such warrant shall be directed, shall give notice to the other
members by causing said warrant to be published in one or more
of the newspapers printed in W^orcester, and in one or more of the
newspapers printed in Providence, in the state of Rhode Island ;
and the proprietors may, at the same meeting, or at a subsequent
one, choose a clerk, treasurer, and such other officer or officers,
committee or committees as they shall judge necessary for regulating
the affairs of said corporation. And every member shall have a right
to vote at said meeting, and at all other meetings by himself or proxy,
duly authorized in writing, in the following ratio, one share one vote ;
and every two additional shares one vote ; provided, no stockholder
shall be entitled to more than ten votes.

Sect. 11. Be it further enacted, That the said books of subscrip-
tions shall remain open as long as said corporation shall see fit, but
no assessment shall ever be made so as to make any subscriber liable
to pay more than one hundred dollars for a share, nor shall the stock

1822. Chap. 27—28. 21

and property of said corporation be liable to any species of taxation
for eight years, from and after the passing of this act. if after the
closing of said books, or at any time, it shall appear that sufficient
funds have not been raised, the corporation, or its officers duly au-
thorized, may at any time, and from lime to time, raise the neces-
sary funds by creating and selling new shares upon the best terms New Shares,
that can be obtained.

Sf.ct. 12. Be it further enacted, That if any subscriber shall
neglect to pay his subscription, or any portion thereof, for the space
of thirty days after he is required so to do by a vote of the corpora- simresmaybe
tion, the corporation, or any officer duly authorized for that purpose, j^.°'<^ ^'^'^r ade-
may make sale of such share or shares at public auction, to the high- thirty days,
est bidder, and the same shall be transferred by the treasurer, in
manner hereinafter provided to the purchaser. And such delinquent
subscriber shall be held accountable to the corporation for the bal-
ance, if his share or shares shall be sold for less than their nominal
value, and shall be entitled to the overplus, if any there shall be,
beyond the nominal value.

Sect. 13. Be it further enacted, That any share or shares of any
member may be transferred by deed acknowledged and recorded Transfer cf
by the clerk of said corporation in a book to be kept for that pur- S''^""^^-
pose, and the treasurer is hereby authorized to make transfer in like
manner of the shares of members sold according to the provisions of
the last preceding section of this act.

Sect. J 4. Be it further enacted, That when the land or other
property or estate belonging to infants, femmes covert, or persons Minors proper-
non compos mentis, shall be taken and appropriated for the use and *>"^''^"-
purposes of said canal as aforesaid ; the husbands of such femmes
covert, and the guardians of such infants or persons non compos
mentis, respectively, may execute any deeds, enter into any con-
tracts, or do any other matter or thing respecting such lands, or oth-
er estate, to be taken and appropriated as aforesaid, as they might
do if the same were by them holden in their own rights respectively.

Sect. 15. Provided, and be it further enacted, That from and
after the expiration of ten years from the passing of this act, if the
corporation hereby created, shall not have completed the said canal. Limitation of
the legislature of this Commonwealth may, upon the application of ^'''^»<='-
any other company for the privileges hereby granted, incorporate
such other company for the purpose of making said canal. [Jan.
14, 1823.] Add. acts, 1823 ch. 77 : 1825 ch. 144 : 1826 ch.
74.

An Act to incorporate the Boston Cordage Manufactory. CIlOp. 28.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Winslow Lewis, Joseph W. Lewis, Samuel A us- Persons Incor-
tin, Junior, David Henshaw, Ezra Hyde, George Brown, Henry P°''ated.
Lewis and Joseph P. Bradlee, together with such others as may
hereafier associate with them, and their successors, be, and they are
hereby made a corporation, by the name of the Boston Cordage
Manufactory, for the purpose of manufacturing cordage ; and for that Powers and pri-
purpose shall have all the powers and privileges, and also be subject Alleges.

22

1822.-

■Chap. 28—29.

1808 oil. 65.

Real and per-
sonal estate.

Chap. 29.

[This act, so far
as it relates to
Sandwich, is re-
pealed by St.
1825, eh. 2.]

Preamble.

to all the duties and requirements prescribed and contained in an act,
passed the third day of March, in the year of our Lord one thousand
eight hundred and nine, entitled " an act defining the general powers
and duties of manufacturing companies," ['■'■ corporations'''] and the
several acts in addition thereto.

Sect. 2. Be it further enacted^ That the said corporation may
be lawfully seized and possessed of such real estate, not exceeding
the value of eighty thousand dollars, and such personal estate, not
exceeding the value of one hundred thousand dollars, as may be
necessary and convenient for carrying on the manufacture of cord-
age. [Jan. 14, 1823.]

An Act to regulate the buriiin? of Coal Pits, in the towns of Pl3'niouth, Kingfslon, Carver,
and Wareham, in the county of Plymouth, and Sandwich, in the county ol']5arnstablc.

WHEREAS great damage has been sustained by the public, as
well as by the proprietors of wood lands lying in the towns of Ply-
mouth, Kingston, Carver, and Wareham, in the county of Plymouth,
and in Sandwich, in the county of Barnstable, by the fires which
have frequently spread, from the negligence of those who have been
employed in burning wood for charcoal, or in burning brush wood
for other purposes :

Sect. 1. BE it enacted hy the Senate and House of Representa-
tives, in General Court assembled, and by the aidhority of the same,
That no person or persons, shall hereafter be permitted to set fire
to any coal pit, or to any pile of wood, for the pmpose of charring
the same, within the tract of wood land lying in the aforesaid towns,
or either of them, between the first day of April, and the fifteenth
day of September, annually.

Sect. 2. Be it further enacted. That if any person or persons,
their agent or agents, shall set fire to any pit or pits, for burning
coal, on any part of the tract of wood land above mentioned, lying
in either of the towns aforesaid, between the said first day of April,
and the fifteenth day of September, annually, such person or per-
sons, so offending, shall forfeit and pay the sum of one hundred dol-
lars for every such offence.

Sect. 3. Be it further enacted, That if any person or persons,

their agent or agents, shall, between the times aforesaid, set fire to

any brush wood, or bushes, on any part or parcel of the aforesaid

wood lands, or on any land adjoining thereunto, so as to cause the

Penalty for fir- burning thereof, such person or persons, so offending, shall forfeit
ing brush wood, g^^^, ^^^ ^j^^ ^^^^^^ ^j- ^j-^^. j^jj^^.^ j-^^. ^^^^^^ ^^^j^ offence.

Sect. 4. Be it further enacted, That all ])enalties incurred by the
breach of this act, may be sued for and recovered in any court pro-
per to try the same ; and one moiety of all the sums so recovered,
shall be appropriated to the use of the town in which such pit or pits,
brush wood, or bushes, were burned, or attempted to be burned, and
the other moiety to the use of him or them, who shall prosecute
therefor. [Jan 14, 1823.] Add. act relative to Sandwich,
1825 ch. 2. Add. act 1827 ch. 73.

Time of char
ring coal.

Forfeitures.

Recovery of
fines.

1822. Chap. 30—31. 23

An Act in nddition to an Act entitled " An Act to incorporate the Proprietors of Nahant C/hftJ)> 30.
Hotel, in the town of Lynn." ■*

Sect. 1. BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of the same.
That the corporation known and called by the name of the Propri-
etors of Nahant Hotel, in Lynn, be, and the said corporation liere-
by is authorized and empowered to purchase and hold, twenty acres
of land, at the place called Nahant, in the town of Lynn, in addition Authorized to
to the quantity of land which the said corporation is empowered to P"'"'^^ '"='« 'anJ-
have and to hold. In virtue of the act to which this act is in addition,
under the same limitations and restrictions, and with the like powers,
as in the said act to which this act is in addition, are expressed, any
thing in said act to the contrary notwithstanding.

Sect. 2. Be it further enacted, That the said corporation be,
and the same hereby is authorized and empowered to divide its cor-
porate property into any number of shares which said corporation Shares,
may see fit ; provided, that the whole ntnnber of shares shall not
exceed, in their nominal amount of value, the sum of forty thou-
sand dollars, that being the sum at which the real and personal estate
of said corporation is limited by the aforesaid act. [Jan. 14,
1823]

An Act to incorporate the Trustees of the Methodist Episcopal Ciiurch, in Nantucket. C/lCip. 31 .

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
That Oliver C Bartlett, John Jenkins, Perez Jenkins, Jonathan
Smith, Solomon Folger, Walter Cure, Nathaniel Rand, Frederick Trustees.
Worth, and William Jenkins, all of Nantucket, in the county of
Nantucket, be, and they hereby are constituted a body corporate
and politic, by the name of the Trustees of the Methodist Episcopal
Chui'ch, in Nantucket, for the promotion of piety religion, and
moraliiy ; and they and their successors shall be and continue a body
politic and corporate, by that name, forever ; and they shall have a General pow-
common seal, subject to be altered at their pleasure ; and they may
sue and be sued, in all actions, real, personal, or mixed, and prose-
cute and defend the same to final judgment and execution, by the
name aforesaid.

Sect. 2. Be it further enacted, That the aforesaid trustees and
their successors shall and may, annually, elect a president, and a Election ofoffi-
secretary to record the doings and transactions of the trustees, and a *^'"'^-
treasurer to receive and apply the monies or property, hereinafter
mentioned, as hereinafter directed, and any other officers, that may
be necessary for the managing of their business ; and they may make
rules, regulations, and by-laws, not repugnant to the laws of this
Commonwealth.

Sect. 3. Be it further enacted. That the number of trustees, Number of tms-
shall not, at any one time, be more than nine, nor less than seven ;
five of their number shall constitute a quorum for transacting busi-
ness ; and they may and shall, from time to time, fill up vacancies
in their number, which may happen by death, resignation, or other-
wise, as hereinafter provided. And such trustees shall, annually. Meetings,
hold a meeting in March or April, and at such other times as may

24

1822.-

■Chap. 31—32.

May hold pro-
perly of M. E.
Church in Nan-
tucket.

Vacancies to be
filled up.

Bequests.

Real and per-
sonal estate.

Deeds.

First Meeting.

Chap, 32.

Persons incor-
porated.

General pow-
ers.

Number of trus-
tees.

be necessary ; which meetings, after the first, shall be called in such
way and manner as the trustees aforesaid shall hereafter direct.

»Sect. 4. Be it further enacted^ That the aforesaid trustees and
their successors, are hereby made capable in law to possess and
hold all the property, both real and personal, belonging to the iMeth-
odist Episcopal Church, in Nantucket, in trust forever, for the use
and benefit of the members, for the sole purpose of promoting the
public worship of Almighty God, according to the doctrines and
discipline of said church. And in further trust and confidence, that
whenever one or more of said trustees shall die, or from any cause
cease to be a member or members, of said corporation, then and in
that case, the vacancy shall be supplied according to the direction
given in the discipline of said church ; that is, the minister or preach-
er, who shall be regularly appointed to the pastoral charge of the
members of said church, for the time being, shall have a right to
nominate, and the trustees may confirm or reject such nomination.

Sect. 5. Be it further enacted., That any gift, grant, bequest, or
devise made, or that hereafter may be made, to the said trustees, or
their successors, shall be valid and effectual to all intents and pur-
poses whatever, and they are hereby empowered to hold real and
personal estate, the annual income of which shall not exceed si.x
hundred dollars : provided, that the entire income be strictly appro-
priated to promote the objects of this corporation, and also that the
gift, grant or donation be faithfully applied according to the real
intent and design of the donor.

Sect. 6. Be it further enacted, That all deeds and instruments,
which the said trustees may lawfully make in their said capacity,
shall, when made in their name, and signed and sealed with their
common seal, and delivered by their treasurer, be binding on said
trustees and their successors, and be valid in law.

Sect. 7. Be it further enacted, That George Cannon, Esquire,
be, and he is hereby authorized to appoint the time and place for
holding the first meeting of said trustees, and to notify them thereof.
[Jan. 16, 1823]

An Act to establish a Fund for the support of ihe Gospel I\Iinistry, in the First Parish, in
the Town of Haverhill, in the County of Essex, and to appoint Trustees for the manage-
ment thereof.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same,
That Bailey Bartlett, Israel Barllett, Nehemiah Emerson, John
Dow, and Stephen Minot, be, and hereby are constituted a body
politic and corporate, by the name of the Trustees of the Haverhill
Congregational Ministerial Fund ; and that they and their successors
shall continue a body politic and corporate, forever, and by the same
name may sue and be sued in all actions, and may prosecute the
same to final judgment and execution.

Sect. 2. Be it further enacted. That said parish, at their an-
nual meeting, in March or April, may choose five trustees, who
shall be successors to those named in this act ; and they and their
successors shall hold their offices until others shall be chosen and
have accepted the trust, by entering upon the duties of their office ;
and that said parish may also, at any legal meeting, holden for that

1822. Chap. 32. 25

purpose, choose a trustee or trustees to supply any vacancy that may
happen.

Sect. 3. Be it further enacted, That any gift, grant, bequest, Bequests,
or devise, which may hereafter be made to said Trustees, shall be
valid and effectual to all intents and purposes whatever ; and they,
and their successors as aforesaid, are hereby empowered, by pur-
chase or operation of law, to take, have, hold, use, improve, and Estate,
manage any estate, real or personal, the annual income of which,
shall not exceed the sum of two thousand dollars, in trust, for the
support and maintenance of the gospel ministry in said congregation-
al parish ; and during any vacancy in said parish, of a regular, or-
dained, and settled minister, they shall appropriate such income or
interest to the increase of their principal fund, any thing herein to
the contrary notwithstanding.

Sect. 4. Be it further enacted, That the said trustees may as- Board of irus-
semble and meet together as often as they may think it necessary, ^^'^^'
for the promotion of their trust, any three of whom shall constitute
a board for doing business ; but the concurrence of three, at least,
shall be requisite to every act and proceeding whatever ; they may
determine the manner of calling meetings ; they may appoint a clerk,
an agent or agents, and other needful officers and committees ; they Officers and by-
may make reasonable rules, regulations and by-laws, and annex pen- ^^^^'
alties for the breach thereof, not repugnant to the laws of this Com-
monwealth ; they may have a common seal, and change the same at
their pleasure ; they may alienate, by good and sufficient deeds at Alienation of
law, any of the parsonage land belonging to said parish, which said fa"ds""^°
parish may, at a legal meeting, holden for that purpose, from time
to time, direct, agreeably to a resolve of the general coin-t, passed
in .Tune, in the year of our Lord one thousand eight hundred and
nine ; and they may also alienate, by good and sufficient deeds at
law, any real estate, the title w-hereof shall be vested in them by
way of mortgage, or by operation of law.

Sect. 5. Be it further enacted, That the clerk of said cor-
poration, who shall be a member thereof, and shall be sworn in the
same manner as town officers are, to the faithful performance of the cierk.
duties of their offices, shall have the care and custody of all papers
and documents belonging to said trustees, and shall carefully and fair-
ly record all their votes and proceedings in a book kept for that pur-
pose, and shall certify the same when thereto required ; and he may
call meetings, when he may think the same necessary, or when there-
to directed by said trustees, and do whatever else may be incident to
said office ; and he shall, on demand, deliver to his successor in of-
fice, as soon as may be, all the records, papers and documents in his
hands, in good order and condition ; and if he shall neglect so to do penalties for
for thirty days next after such detnand, he shall forfeit and pay a fine neglect of duty.
of fifty dollars, and the further sum of thirty dollars per month for
such neglect afterwards.

Sect. 6. Be it further enacted. That the treasurer of said par-
ish shall always be the treasurer of said trustees, and the receiver Treasurer.
of all money, the effiicts due, owing and coming to them, and may
demand, sue for, and recover the same in their name, unless prohib-
ited by them ; and he shall have the care and custody of all the
VOL. VI. 4

26 1822. Chap. 32.

money and effects, obligations and securities for the payment of
money or other things, and all evidences of property belonging to
said trustees, and be accountable to them therefor ; and shall dispose
of the same as they shall order and direct, and shall render an ac-
count of his doings, and exhibit a fair and regular statement of the
properly and evidences of proi)erty in his hands, whenever they shall
require the same to be done ; and he shall deliver to his successor in
office, as soon as may be, after demand, all the books and papers,
property, and evidence of property in his hands, in good order and
Treasurer shall Condition; and shall give bonds to said trustees and their successors,
give bonds. ^vji|) sufficient sureties, to be approved by iheni, in the penal sum of
ten thousand dollars at least, conditioned to do and perform all the
duties incumbent on him as their treasurer ; and if he shall fail to de-
liver to his successor, as aforesaid, for the space of thirty days next
after such demand, or to give bonds as aforesaid, for thirty days next
after such treasurer shall be duly chosen, and have accepted the of-
Penaitiesforne- fice, he sliall, for either neglect, forfeit and pay a fine of fifty dollars,
gecto cu V. ^^j ^1^^ further sum of thirty dollars per month for such failure or
neglect afterwards.

Sect. 7. Be it further enacted, That it shall be the duty of said
trustees, to use and iniprove such funds or estate as shall be vested in
them, by virtue of this act, with care and vigilance, so as best to
Duties aiui lia- promote the design thereof; and they shall be amenable to the in-
tees^° '^^' habitants of said parish for negligence or misconduct in the manage-
ment or disposition thereof, whereby the same shall be impaired, or
suffer loss or diminution. And the inhabitants of said parish may
have and maintain a special action on the case, against the proper
persons of said trustees, and their goods and estate, jointly or seve-
rally, or against any two or more of them, for such negligence or
misconduct, and recover adequate damages therefor ; and every sum
so recovered shall be deemed to be for the benefit of said fund, and
shall be paid to said treasurer, who may have an action of debt
therefor accordingly.

Sect. 8. Be it further enacted., That the said trustees shall
cause to be recorded, and kept in their book of records, by their
Statement of clerk, a Statement of the funds and estate in their hands, wherein
the funds. gj^^jj j^g particularly designated the nature and amount of each origi-

nal grant or donation, the period when made, the design thereof, and
the donor's or grantor's name, and place of abode, with such other
circumstances as they shall think useful and proper, to distinguish
the same, and perpetuate the remembrance thereof; and they shall
make report of such statement, to the inhabitants of said parish, at
their meeting in March or April, annually, where the same shall be
publicly read, or to a select committee, if said parish shall choose
one for that purpose ; together with a specific statement of what es-
tate they actually hold, and by what tenure, what money and effects
are due to them, and how the same are secured, and what receipts
have been obtained, and disbursements made by them the preceding
year.

Sect. 9. Be it further enacted, That the said trustees shall
Loan of the always loan, upon interest, all the money belonging to said fund, in
fuud. sums not less than one hundred dollars, and for a term not exceed-

1822. Chap. 32—33. 27

ing five years, upon the bond or note of the borrower, with a mort-
gage of real estate to three times the value of the sum loaned, as
collateral security for the repayment of the principal sum, with inter-
est annually, till paid.

Sect. 10. Be it further enacted, That it shall never be in the Capital fund

n • t • 1 •! -i^r. not to be alien-

power oi said trustees, or said congregational parish, to alienate any ^i^^

part of the capital fund thereof; but the interest or income, if the

parish, at a legal meeting holden for that purpose, so direct, may be

applied for the support of a regular, ordained, gospel minister, and Disposition of

for no other purpose whatever, until the interest or income of said the income.

fund shall amount to the sum of six hundred dollars per annum ;

after which time, the surplus income, over and above that sum, may

be applied for other parochial purposes, if said parish, at a legal

meeting holden for that purpose, so direct.

Sect. 11. Be it further enacted, That said trustees shall be
entitled to receive a reasonable compensation for their services in compensation
managing and taking care of said funds and estate, to be paid by said of trustees.
congregational parish ; but no part of said funds or estate, or of the
income thereof, shall ever be appropriated for that purpose.

Sect. 12. Be it further enacted That all fines and forfeitures,
incurred for any breach of this act, shall and may be recovered, in Fines may be
an action of debt, by the inhabitants of said parish, if they shall sue s"ed for.
for the same within one year after the same shall be incurred, to the
use and benefit of said fund.

Sect. 13. Be it further enacted, That Stephen Minot, Esquire, F'^^t Meeting,
is hereby authorized and directed to appoint the time and place for
holding the first meeting of said trustees, and to warn such meeting
accordingly. [Jan. 16, 1823.]

An Act to establish the First Baptist Socielj' in Weston. y^i qo

Sect. 1. BEit enacted by the Senate and House of Representa- -* *

fives, in General Court assembled, and by the authority of the same,
That Deacon Samuel Train, Deacon Uriah Gresi;ory, JMoses „

arrington, Samuel Lovewell, Amasa r^anderson, Daniel San- porated.
derson, Widow Lydia Upham, Abijah Upham, Lydia Upham,
Silas Upham, Aitios Lanison, Daniel lland, James Lentell,
Isaac Jones, Charles Morse, Widow Sarah Morse, Widow
Sarah Leadbeiter, Colonel Samuel Train, Otis Train, Abigail
Childs, Betsey Childs, Hannah Childs, .loel Harrington, Paul
Pratt, Widow Hepzibah Pratt, William Pratt, Joseph Winship,
Joseph Winship, Junior, John Marsh, Betsey Bacon, Widow^ Ke-
ziah Hammond, Charles Damon, Elijah Travis, and Widow Nan-
cy Bigelow, with their families and estates, be, and they are hereby
incorporated as a distinct religious society, by the name of the First
Baptist Society, in Weston, for religious purposes only ; and as such, powprs and
shall have and enjoy all the rights, powers and immunities of other privileges.
parishes, or religious societies, according to the constitution and laws
of this Commonwealth.

Sect. 2. Be itfurther enacted, That any person belonging: to the
town of Western, or to either of the towns adjoining said Weston,
who may hereafter be desirous of joining in religious worship, and of
becoming a member of said Baptist Society, shall have liberty so to

28

1822.-

-Chap. 33—35.

Conditions of
secession.

Conditions of (Jq, by Complying with the requisitions of the second section of the
'"!^ "Y^g act, passed on the eighteenth day of June, in the year of our Lord
one thousand eight hundred and eleven, entitled " an act respecting
public worship, and religious freedom."

Sect. 3. Be it Jurther enacted, That whenever any member of
said Baptist Society shall see cause to leave the same, and to unite
with some other religious society, the like notice and process shall
be made and given, mutatis muta^idis, as is prescribed in the second
section of this act : provided, always, that in every case of secession
from one socieiy, and joining to another, the person so seceding,
shall be holden to pay his or her proportion of all parochial expenses,
voted and not paid, prior to the leaving of said society.

Sect. 4. Beit further enacted. That any justice of the peace for
the county of Middlesex, is hereby authorized to issue a warrant,
directed to any member of said Baptist Society, requiring him to
First Meeting, notify the first meeting of said society, to meet at such convenient
time and place, as shall be expressed in said warrant, for the choice
of such officers, as parishes, or religious societies, are accustomed to
choose and appoint, at their annual meetings. [Jan. 17, 1823.]

ChctP- 34i. An Act to aiuliorize the Boston and Roxbury Mill Corporation to widen their Dam.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same. That the
Boston and Roxbury Mill Corporation be, and they hereby are
authorized to widen their dam, leading from Boston to Sewall's
Point, so called, in Brookline, by extending it one hundred feet on
the northerly side thereof, upon the flats and tide-waters, where it
can be done without interfering with the rights of individuals, or oth-
er corporations, for the purpose of forming landing places, making
wharves, erecting storehouses, and other necessary buildings : jiro-
vided, that nothing herein contained, shall authorize the widening of
said dam, in any part thereof, more than one hundred yards to the
northward and eastward of the present easternmost sluiceway. [Jan,
17, 1823.] Add. act 1833 ch. 120.

1814 ch. 30.
1816 ch. 40.
1819 ch. G5.

Dam may be
widened.

Proviso.

Chap. 35.

1807 ch. 52.

Application of
funds.

Corporation
continued.

Proviso.

An Act in addition to an Act, entitled '' An Act to ineorporate a Socieiy, by the name of

the Massachusetts Missionary Society."

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
That the Massachusetts Missionary Society be, and they hereby are
atithorized and empowered to appropriate and apply the funds which
they are by law entitled to hold, or any part thereof, for the pm-pose
of diffusing the knowledge of the gospel of .Tesus Christ, among the
heathen and others, in destitute places ; any thing contained in the
act of incorporation, to which this is in addition, to the contrary
notwithstanding.

Sect. 2. Be it further enacted, That this act, and the act to
which it is in addition, and all and singular the powers, privileges,
rights, and duties of said corporation, as the same are limited and
defined in this and the aforesaid original act, shall continue and re-
main in full force and virtue, from and after the expiration of the
term in said original act mentioned ; any thing iherein contained to
the contrary notwithstanding : provided nevertheless, that it shall be

1822. Chap 35—37. 29

in the power of this, or any future Legislature of this Commonwealth,
to alter, modify, or repeal any, or all of the provisions of this act,
and of the aforesaid original act, or either of them, whenever it
shall be deemed expedient so to do. [Jan. 21, 1823.]

An Act to incorporate the Penitent Females' Refuge, in the City of Boston. ChciJJ SG

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same,
That Horace Fox, Edmund Parsons, Abraham A. Dame, Thomas Persons inror-
Vose, William .Tenks, John C. Proctor, Pliny Culler, John Tappan, P°'^'*''^-
Aaron P. Cleveland, Charles Tappan, Plenry Homes, Geor2,e Odi-
orne, Heman Lincoln, Edmund A. Winchester, George J. Homer,
Francis Wayland, Junior, Moses Grant and Alden Bradford, to-
gether with such others as may hereafter be associated with them,
and their successors, be, and they hereby are incorporated by the
name of the Penitent Females' Refuge, in the City of Boston ; and
by that name shall be a corporation forever, for the purpose of afford-
ing relief, assistance and protection to penitent females ; with power I'owers and
to have a conniion seal, to receive and hold any sum or sums of P'''^"^e^''-
money, from persons disposed to promote the intentions of said so-
ciety ; to make contracts relative to the objects thereof, to sue and
be sued, to establish by-laws and orders for the regulation of said
society, and the due preservation and application of its funds: pro-
vided, tlie same be not repugnant to the constitution and laws of this
Commonwealtb ; and to take and hold real and personal estate, not
exceeding the sum of twenty thousand dollars.

Sect, 2. Be it further enacted, That said corporation shall an-
nually meet in Boston, at such time and place as they may from lime
to time appoint, for the purpose of electing, by ballot, such officers Election of offi-
as they may think proper, who ><hall hold I heir respective offices for ''^"'
the term of one year, and until others shall be elected and qualified
in their stead, with such powers and duties as may be prescribed by
the by-laws of said cor|)oralion.

Sect. 3. Be it further enacted, That any two of the persons
above named be, and they hereby are authorized to call the first First meeting,
meeting of said corporation, by advertisement printed in any newspa-
per published in the city of Boston, at least seven days prior to the
appointment of such meeting.

Sect. 4. Be it further enacted, That the present officers of said
association shall continue to execute their several duties until an elec- Duiyof officers.
tion of officers shall have taken place, agreeably to the provisions of
said act : provided, nevertheless, that the Legislature may alter or re-
peal this act, whenever ii shall be deemed expedient. [Jan. 21,
1823. J

An Act to incorporate the Central Universalist Society, in the City of Boston. CJlCtt) 37

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authoriti/ of the same,
That James Davis, Abraham A. Dame, Stillman Willis, .*^amiiel Person* incor-
Gray, Abner Joy, Aaron Coojpy, Heiny D. Gniy, JcMiedi;i!i B!an- P""'««'-
chard, Isaac Dupee, Jacob Todd, John Roulstone, Thomas Hud-
son, WilUam Wright, Charles Holmes, Michael Roulstone, WiUiam

30

1 822.-

-CiiAP. 37—38.

Powers and
privileges.

Real and per-
itonal estate.

First meeting.

B. Daniels, Joseph S. Rogers, Edward Russell, Stephen Parker,
Amos Penniman, Nicholas Little, Calvin Haskell, Edward Prescott,
David Vinal, Jonathan Loring, l,evi Brigham, John Biaiichard, Otis
Briggs, Jonathan Liverrnore, John Ladd, James Fillebrown, Elijah
Trask, Junior, Isaac K. Wise, Otis Claflen, Jonathan Jewit, Noah
Harrington, Thomas Gaffield, Simeon Hawkes, Ebenezer Smith,
John Muzzy, William Lawrence, John Hatch, James Page, Mor-
decai L. Wallis, Joseph Stuart, .John Peirce, Theophilus Burr,
Charles M. Domett, Isaac Davis, Benjamin M. Bramhall, Ezekiel
Jones, Walter Cannel, Frederick W. Clapp, Charles Veazie, and
Joshua Davis, and all otiiers who may associate with them, and their
successors, be, and they are hereby incorporated as a religious soci-
ety, by the name of the Central Oniversalist Society, in the city of
Boston ; with all the privileges, powers and immunities, to which
other religious societies in this Commonwealth are entitled by law.

Sect. 2. Be it further enacted, That the said society shall be
capable in law to purchase, hold and dispose of any estate, real or
personal, for the use of said society: provided, the annual income
thereof shall not exceed, at any time, the value of five thousand dol-
lars.

Sect. 3. Be it further enacted, That any justice of the peace
for the county of Suffolk be, and he hereby is authorized to issue his
warrant to some member of said society, requiring him to warn the
members thereof to meet at such convenient lime and place, in said
city of Boston, as shall be therein directed, to choose a moderator, a
clerk, a treasurer, and such other officers, committee or committees,
as they shall deem needful. [Jan. 21, 1823.]

Chap. 38.

1819 ch. 133.

Location of
privileges re-
stricted.

Fish not to be
impeded.

Fines.

An Act in addition to an act. entitled " An Act to regulate the Fishery in Taunton Great
River."

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
That from and after the passing of this act, it shall not be lawful for
the purchaser or purchasers of any privilege of catching shad or ale-
wives of any of the towns situated on Taunton Great River, to locate
the place or places on said river, for the purpose of catching said fish,
or sweep, or use seines or nets for that purpose, within one hundred
rods of the mill dam lately erected across said river by Samuel
Crocker and others, near King's Bridge, so called, any thing in the
act, entitled " an act to regulate the fishery in Taunton Great River,"
to which this is an addition, to the contrary notwithstanding.

Sect. 2. Be it further enacted. That it shall not be lawful for
the said purchaser or purchasers, or any other person, to impede, in-
terrupt, or turn the course of the fish within the distance of one him-
dred rods of the mill dam aforesaid, for the pm-pose of taking said
fish without or beyond that distance.

Sect. 3. Be it further enacted. That any person duly convicted
of a breach of the second section of this act, shall forfeit and pay the
sum of fifty dollars for each and every such offence, to be recovered
and appropriated in the manner provided in the fourth section of the
act to which this is in addition. [Jan. 21, 1823.] Add. act 1829
ch. 55: 1832 ch. 44: 120.

1822. Chap. 39—41. 31

All Act aiitlioriziiig Samuel Ciorkcr and others lo oslabli.sli a Dam across Taunton Great /^/i//r» 39
River. i '

BE it enacted hy the Senate and //oif^e of Representatircs, in
General Court assembled, and by the authority of the same, That
Samuel Crocker, Charles Richtiiond, Dolly Caswell, all of Taun- f <'7''"'' anti.or-
ton, and Horatio Leonard, ot liaynhani, together with tiieir asso- (jam.
ciates and assigns, be, and they lierehy are authorized to build,
have and maintain a dam across Taunton Great River, so called, on
the land of the said Crocker and his associates, in the towns of Taun-
ton and Raynham ; said dam to be erected and maintained at some Location.
place not more than ten rods below King's Bridge, on said river,
for the purpose of establishing and carrying on mills and manufacto-
ries: provided, however, that the said right to erect said dam shall be Ucstrictions.
subject to all the restrictions, limitations and provisions, which are
contained in an act, entitled "an act authorizing Stephen King and 1813 ch. 43.
his associates to establish a dam across Taunton Great River, so
called," passed on the fourteenth day of June, in the year of our
Lord one thousand eight hundred and thirteen. [Jan. 2i, 1823.]

An Act in addition to an act. entitled "An Act to establish the First Baptist Society, in Cjjinr) AQ
Framingham." J

BE it enacted by the Senate and House of Representatives, in 1812 ch. 2.x
General Court assembled, and by the authority of the same, That
any person belonging to the town of Framinghani, or to either of the
adjoining towns, who may hereafter wish to join in religious worship,
and to become a member of the First Baptist Society in Framing- Conditions of
ham, shall have liberty so to do, by giving notice of such desire and memijeishii).
intention, in writing, to the clerk of the society where such person
has formerly attended on public worship, and also a copy of the said
notice, in writing, to the clerk of the said Baptist Society, fifteen
days at least previous to the annual meeting ; and such person, from
the date aforesaid, shall be considered a member of the said Baptist
Society. [Jan. 22, 1823.]

An Act to incorporate the Boston Gas Light Company. C^hfltl 4.1

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
That William Prescott, Alexander Parris, Bryant P. Tilden, Na- i^ersons incor-
than Hale, John C. Gray, and all such persons as are, or shall be i'"''^'^*'-
associated with them, and their successors, be, and they are hereby
incorporated for the purpose of furnishing gas light in the city of
Boston, by the name of the Boston Gas Light Company ; and by
that name may sue and prosecute, and be sued or prosecuted to final Powers and
judgment and execution, and do and suffer all other matters and things P"^'®?^^-
which bodies politic may, and ought to do or suffer ; and may have
and use a common seal, and the same break and alter at their pleas-
ure ; and by their said corporate name, may purchase, take and hold Real and per-
il •' , r !• • I 1 1 1 . sonal estate.

real and personal estate, not exceeding in the whole value, seventy-
five thousand dollars.

Sect. 2. Be it further enacted, That the said corporation may Directors,
elect so many directors and other officers, and divide their capital ^^^^J^^ ^'^ ^y*
stock into such number of shares, and establish and put in execution
such by-laws and regulations, as the members thereof may judge

32 1822. Chap. 41—42.

necessary: provided, the same are not repugnant to the laws and

constiiuiion of this Coinnionv.eahh.

Right to sink Sect. 3. Be it further enacted, That the said corjDoraiion, with

^'^'^^' the consent of the mayor and aldermen of said city of Boston, shall

have power and authority to open the ground in any part of the

streets, lanes and highways, in said city, for the purpose of sinking

and repairing such pipes and conductors as [W] may be necessary to

sink for the purpose aforesaid. And that the said corporation, after

opening the ground in the said streets, lanes or highways, shall be

held to put the same again into repair, under the penalty of being

Mavor and ai- prosecutcd for a nuisance: provided, that the said mayor and alder-

dcrmen may re- men, for the time being, shall at all times have the ijowcr to regulate,

slrjct the corpo- . , , .^ i i • r • i • i • i

ration. restrict and control the acts and doings ol said corporation, which

may, in any manner, affect the health, safety or convenience of the
inhabitants of said city.

Sect. 4 Be it further enacted, That said corporation shall have

Assessments, full power, from time to lime, to make aiKJ assess such assessments
and taxes, as they shall deem necessary, on the shares in said cor-
poration ; and on neglect or refusal to pay the same, to sell such
shares at vendue, for the payment thereof, afier advertising the same
in two of the newspapers published in Boston, for the space of twen-
ty days previous to the sale, paying the overplus, if any there be,
after the payment of such assessments and taxes, and of the charges
of sale, to the owner of the share or shares so sold.

Sect. 5. Be it further enacted. That the said William Pres-
cott, or Alexander Parris, be, and they are hereby empowered to

First meeting, call the fiist meeting of the said corporation, by a notification in one
of the newspapers of Boston, aforesaid, fourteen days previous to
such meeting ; and the said corporation, at such meeting, shall agree
upon the mode of calling future meetings. [Jan. 22, 1823.] Add.
act, 1S36 ch. 17.

/^/ f,c} An Act to establish the Baptist Religious Society, in Belcherlown, in the County of Hamp-

Sect. I. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
Persons incor- That Abiam Westou, Asa Clark, Eleazer Owen, Roger Upham,
porated. .foseph Billing, Benjamin Burden, Samuel Leach, Giles Perkins,

.John Shaw, William Chamberlin, .John Giddins, Smith Barret,
Harvey Wright, Michael W. Hill, .Jonathan Paine, Peter Daniels,
Moses Hayden, Reuben Barton, Reuben Cleveland, Josiah Ken-
field, Ebenezer Green, .Tames Downing, Abram R. Murdock, Peter
Leach, Orsamus Kenfield, Joel Kenfield, Celina Darling, Benjamin
R. Darling, Enoch Thayer, .Tohn Nutting, Lucretia Nickerson, Jo-
seph Howard, Moses Reckard, .Jeremiah Weston, Simeon Clark,
Samuel Perry, Elam Wright, Isaac Robinson, Elijah Clark, Russell
Jenks, Samuel ICimball, Junior, James Snow, Nathan Rice, Enos
Clark, Robert Fowler, Daniel Poole, Charles Barret, David Smith,
Alpheus Plomly, Clark Weston, .Jonathan Thayer, Junior, Rozil
Thompson, Samuel Perkins, Richard Mason, Andrew Howard,
Randall Stanton, Jonathan Thayer, Nathaniel Ivellogg, Willis Ar-
nold, Reuben Thayer, William Clark, together with their associates,
their families, polls and estates, be, and they hereby are incorporated,

1822. Chap. 42—43. 33

for religious purposes only, by the name of the Baptist Religious So-
ciety iu Belchertovvn ; with all the powers, privileges, and imniuni- iWcrs and
ties of other parishes, or religious societies, agreeably to the constitu- i"''^"^S'^*-
tion and laws of this Commonwealth.

Sect. 2. Be it further enacted, That any person, who may
hereafter wish to join in religious worship, and become a member of
said Baptist Religious Society, in Belchertown, or any person, who conciitionof.se-
may wish to leave the same, and unite with some other religious so- cession.
ciety, shall have liberty so to do, by complying with the formality
prescribed in the second section of an act, passed on the eighteenth
day of June, in the year of our Lord one thousand eight hundred and J^'' 'h. 6.
eleven, entitled "an act respecting public worsliip and religious free-
dom:" provided, also, that every person who may leave said society
shall be holden to pay his or her proportion of all monies voted and
not paid, prior to the leaving of said society.

Sect. 3. Be it further enacted, That any three of the persons
named in this act, are hereby authorized to call the first meeting of First mceimg.
said society, by posting a notification at their meeting-house in Bel-
chertown, giving at least seven days notice of the time and place of
such meeting, ibr the purpose of choosing the officers necessary to
manage their prudential afiairs, and of determining the mode of calling
and notifying future meetings of said society. [Jan. 22, 1823.]

An Act to incorporate the Berkshire Medical Insliiution. Ch(tp> 43.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same.
That there be established in the town of Pittsfield, in the county of Persons incor-
Berkshire, a medical institution, and that Heman Humphrey, .Tohn i'°'^^^ •
P. Bachelder, Henry Hubbard, Samuel M. McKay^ and Henry
H. Childs, and their associates and successors, be, and they are
hereby constituted a body politic and corporate, by the name and
style of the Trustees of the Berkshire Medical Institution ; with a
corporate seal, which they may alter and change at their pleasure ;
and shall in law be capable of suing, and being sued, in all actions, po^ers ami
real, personal or mixed, and prosecute and defend the same to final privileges,
judgment and execution, in all courts and places whatsoever, and of
holding real and personal property, and of filling and supj^lying all
vacancies, which shall occur in said corporation ; and may also have Removal of
power to remove any member or trustee, who, by age, infirmity, or '"'"'"'^ers.
any other cause, is incapable of discharging the duties of his office,
or who shall neglect or refuse to perforin the same : provided, that
the real estate, which said trustees shall be entitled to hold, shall not
exceed the sum of fifty thousand dollars, and the personal estate Limitation of
shall not exceed the sum of fifty thousand dollars : and provided, estate and of ihe
further, that the number of trustees shall not exceed fifteen, nor be tees,
less than seven ; and that five shall constitute a quorum to do busi-
ness.

Sect. 2. Be it further enacted, That the said trustees, and their May elect offi-
associates and successors in office, or a majority of them, shall have ^I'^is"" "^ ^
power to elect all such officers, and to make such by-laws, rules and
regulations, for the proper management of said corporation, and for
the good government of said institution, as they shall deem expedient

VOL. VI. 6

laws.

34 1822. Chap. 43—45.

and proper ; provided, the same be not repugnant to the constitution
and laws of this CoinrnonueaUh.

Sect. 3. Be it further enacted. That the objects of this cor-
poration shall be confined to the promotion of medical science, and
the sciences immediately connected therewith ; and for this purpose
Lyceum of Nat- the said trustees shall be authorized to establish a Lyceum of Natural
ural History. JJistory, vvitl) power to elect such and so many members thereof,

as they may deem expedient and proper.
Degrees confer- Sect. 4. Be it further enacted, that all medical degrees, con-
ferred upon the students in said institution, shall be conferred by the
president and trustees of Williams College, under the same rules
and restrictions, as are adopted and recognized, in conferring degrees
of the same nature, by the University at Cambridge. [Jan. 24,
1823.] Add. act, 1826 ch. 101.

\^llCip» ^Af, An Act in establish the Taunton Blanufacluring Company.

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
Persons inror- That Samuel Crocker, John McLean, Charles Richmond, Israel
porated. Tbomdike, Edmund Dwight, Israel Thorndike, Junior, Harrison

Gray Otis, Junior, William Havard Eliot, and James W. Otis,
together with such other persons as have associated, or may here-
after associate with them, their successors and assigns, be, and they
are hereby made a corporation, by the name of the Taunton ^Nlanu-
facturing Company, for the purpose of rolling copper and iron, and
manufacturing nails, and other modifications of iron ; and also for the
purpose of manufiicturing cotton and wool in the town of Taunton,
General powers, and coiiuty of Bristol ; and for this purpose sliall liave all the powers
and privileges, and be subject to all the duties and requirements con-
I808ch. C5. tained in an act, passed in the year of our Lord one thousand eight
hundred and nine, entitled "an act defining the general powers and
duties of manufacturing corporations," and in the several acts passed
in addition thereto.
Real and per- Sect. 2. Be it further cuactcd. That the said corporation may
sonai estate. j^g lawfully scized of such real estate, not exceeding the value of
two hundred thousand dollars, and such personal estate, not exceed-
ing four hundred thousand dollars, as shall be necessary and con-
venient for establishing and carrying on the manufactures aforesaid.
[Jan. 24, 1823.] Add. act, 1831 ch. 58.

C^hfiry 4iT ^" ^"-^ '° establish the Bridge between the towns of Scituale and Cohasset, next above
^""r • ^' the Gulf Mill Dam, so called.

BE it enacted by the Senate and House of Represetitatives, in
General Court assembled, and by the authority of the same. That
the bridge erected by the inhabitants and proprietors of Farm Neck,
so called, between the towns of Scituate and Cohasset, next above
the Gulf Mill Dam, so called, be, and hereby is authorized and
established by law ; and shall continue so long as the aforesaid in-
habitants and proprietors of Farm Neck shall keep the aforesaid
bridge in repair, at their own expense ; provided, that the aforesaid
Draw to be con- inhabitants and proprietors shall construct a draw in said bridge, for
structe . ^^^ convenience of any vessels to pass through, when required so to

do by the legislature. [Jan. 24, 1823.]

1822. Chap. 46—47. 36

An Act to incorporate the Columbian Charitable Society of Shipwrights and Caulkers, of (Jhfij) AQ
Boston and Charlestown. -/

Sect. 1. BE it enacted by the Senate and House of Representa-
tives^ in General Court assembled^ and by the authority of the sanie,
That Thomas Wliitman, Benjamin Turner, Seih Grammar, Samuel Persons incor-
Holbrook, William Learned, together with their associates and sue- p°'^^^' ■
cessors, be, and they are hereby incoiporated by the name of the
Columbian Charitable Society of Shipwrights and Caulkers, of Bos-
ton and Charlestown ; with power to have and use a common seal, Powers and
and to make by-laws for tlie governing of the affairs of the said P"^' ^^^^'
association, and the management and application of its funds ; and
also for promoting inventions and improvements in their art, by Premiums,
granting pren)iiims ; to assist mechanics with loans of money, and to Loans.
relieve the distresses of unfortunate mechanics, and their families ;
and shall have and use all other privileges incident to, and usually
given by acts of incorporation, to charitable societies. And the said Limitation of

• . 1 1 I I !• • I 1 I real and pcr-

association may hold real estate not exceedmg m value two thousand sonai estate.
dollars, and personal estate not exceeding five thousand dollars.

Sect. 2. Be it further enacted^ That any two of the persons First meeting.
herein named, are hereby empowered to call the first meeting of the
association, at such time and place as they may appoint, by giving
personal notice, to each of their associates, to choose their officers ;
at which meeting the mode of calling future meetings shall be regu-
lated and settled.

Sect. 3. Be it further enacted^ That this act may be amended, Legislative con-
revised, and repealed at the pleasure of the legislature. [Jan. 24,
1823.]

An Act to incorporate the First Congregational Society, in Windsor. Ch(tV» 47»

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
That all the inhabitants of the town of Windsor, with all the lands
in said town, (except such inhabitants, and such lands, as do, by
law, belong to some other parish or religious society, or are by law
exen)pt from parish charges in said town of Windsor,) be, and
they are hereby incorporated as a parish, by the name of the First
Congregational Parish in Windsor ; and are hereby vested with all Powers and
the rights and privileges, and subject to all the duties of other par- P^^''^^^^^-
ishes or religious societies, according to the constitution and laws of
this Commonwealth: And the said first congregational parish in May hold parish
Windsor shall hold all its property in such manner as to secure to P''<»p®'"*>'-
the use of the said first parish, all the real and personal estate now
belonging to the town of Windsor, considered as a congregational
parish ; and so as that said first parish shall be taken and held as the
lawful successor of said town of Windsor, so far as respects all parish
concerns : provided, hoioever, that nothing in this act shall take from Proviso.
the town of Windsor aforesaid, any rights or property, to which they
are now legally entitled.

Sect. 2. Be it further enacted. That the first meeting of the First meeting.
said parish shall be convened by warrant, to be issued by a justice of
the peace for the comity of Berkshire, upon application therefor,
directed to a freehold inhabitant and member of said parish, directing
him to notify and warn the members of said parish to meet at such

36 1822. Chap. 47—52.

convenient time and place, as shall be appointed in the said warrant ;
and the said parish, being thus assembled, may agree upon and settle
the method of calling future meetings. [Jan. 25, 1823.]

Chap.

), 4b. An Act to incorporate the Boston and Springfield Manufacturing Conipan}".

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
Persons incor- That Israel E. Trask, Jonathan Dwight, .Junior, Edmund Duiglit,
porate . Joseph Hall, Junior, Benjamin Day, James Hrewer, Joseph Broun,

John W. Dwight, .Jonathan Dwight, the third, James S. Dwight,
and Samuel Henshaw, their successors and assigns, are hereby in-
[Name changed corporated, by the name of the Boston and Springfield Manufactur-
1826 ch. 113.] ing Company, in the town of Springfield, and county of Hampden,
for the purpose of manufacturing cotton and iron ; with all the powers
General powers and privileges, and subject to all the duties and requirements j)re-
and require- scribed in an act, entitled " an act defining the general powers of
manufacturing corporations," passed the third day of March, in the
I808ch. G5. year of our Lord one thousand eight hundred and nine, and the sev-
eral acts in addition thereto.
Limitation of Sect. 2. Be it further enacted, That the said corporation may

sonai esutc' '^'^ ^^^"^ personal estate to the amount of four hundred thousand dollars,
and real estate, not exceeding one hundred thousand dollars, to be
f^harcs. divided into shares of one thousand dollars each. [Jan. 27,

1823.] Add. acts, 1825 ch. 46 : 182G ch. 113.

ChcLD 50 ■'^" ^^"^ '° incorporate the Salisbury Woollen Manufacturing Company-.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same,
Person^s incor- rpijgt George Jenkins, John Willis, Junior, Edward S. Rand, and
James Horion, their associates, successors and assigns, be, and they
[Name changed g^g hereby made a corporation, by the name of ihe Salisbury Wool-
Targe'd^isss ch. Icn INIanufacturing Company, for the purpose ol manufacturing wool,
^^H at Salisbury and Amesbury, in the county of Essex ; and for this

Powers and purpose, shall liavc all the powers and privileges, and be subject to
privi eges. ^jj ^^^^ Jutjes and requirements, contained in an act, passed on the third

1808 ch. 65. (Jay of March, in the year of our Lord one thousand eight hundred
and nine, entitled "an act defining the geneial powers and duties of
manufacturing corporations," and the acts in addition thereto.
Capital stock. Sect. 2. Be it further enacted. That the capital stock shall not
exceed the sum of one hundred thousand dollars, and they may, in
addition to the sum aforesaid, be lawfully seized and possessed of
Real estate. such real estate, as may b^ necessary and convenient for the pur-
poses aforesaid, not exceeding the value of seventy-five thousand
dollars, including the buildings and improvements that may be made
thereon, by the said corporation. [Jan. 30, 1823.] Add. act,
1825 ch. 131.

dlftn ^2 ^" ^^"^ '° auihorize the BInyor and Aldermen of the city of Boston, to increase the number
ir' ' of Engine IMen, in certain cases.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same, That
whenever the firewards of the city of Boston, shall represent in
writing to the mayor and aldermen of said city, that an increase of
the number of men, now by law authorized to be appointed, to any

1822. Chap. 52—53. 37

particular engine, within said city, may be required, in consequence
of suction-hose, or any increased power of such engine, or the addi-
tional apparatus thereto, for the more speedy and effectual extin-
guishment of fire, within said city, it shall be lawful for the said mayor Mayor and al-
and aldermen to nominate and appoint such additional number of ''crmcn may

,. . ' ' , , , , appoint addi-

men, not exceed mg ten m any one case, to the number now by law ti„nai numijcr
authorized lo be appointed ; who shall be held to perform all the "' engine men.
duties, and enjoy all the privileges and exemptions, other engine
men are entitled to, by the several laws now in force. [Jan. 30,
1823.]

An Act to incorporate tlie I'ropiietors of ihe Grighlon School Fund. /"'A/v-m ^i*^

Sect. 1. BE it enacted by the Senate and House of Represen- -* '

tatives,in General Court assembled, and by the authority of the same,
That Goiham Parsons, Nathaniel Champney, and Francis Winship, Persons incor-
all of Brighton, in the county of Middlesex, together with their po^^^^d.
associates, being the proprietors of a school fund, in the said town,
and such other persons as shall hereafter become members of said
association, according to the rules and conditions which shall be es-
tablished by the by-laws and regulations of the corporation herein-
after created, be, and they hereby are made a body politic and cor-
porate, by the name of the Proprietors of the Brighton School
Fund ; and by that name shall sue and be sued, plead and be im- Powers and pri-
pleaded, defend and be defended, in any court of law or elsewhere, ^''^S*^*-
in all manner of actions whatsoever ; and in their corporate capacity,
they and their successors shall be capable to purchase, hold and en-
joy, in fee simple, or otherwise, lands, rents, and hereditaments ;
and likewise to take and hold, by donation, bequest, subscription, or Donations,
otherwise, any kind of personal [)roperty, and the same to give,
grant, sell and dispose of at their pleasure, so that all the estate afore-
said, and the income and proceeds thereof, shall, at all times, be
appropriated solely to the purpose of maintaining and supporting a
school, or schools, in said town of Brighton : provided., that the Limitation of
whole of said real and personal estate shall never exceed, in value, ^^'^'e-
the sum of thirty thousand dollars ; and the said corporation shall
have power to have and use a common seal, and the same to alter,
change or renew at pleasure.

Sect. 2. Be it further enacted, That the said corporation shall
have power to determine the place and times of their meetings, and
the manner of notifying and calling the same, and to elect once in
every year, or oftener, from amongst the said proprietors, such offi- Election of offi-
cer or officers, as they may think expedient, and to establish any f^'f' *"*^^y"
by-laws for the due and proper management of the affairs of said cor-
poration, and the same, at pleasure, to alter or repeal ; provided,
the same be not repugnant to the constitution and laws of this Com-
monwealth.

Sect. 3. Be it further enacted, That either of the persons nam-
ed in this act may call the first meeting of said corporation, by post- First meeting,
ing up a notification at the meeting house in said Brighton, as here-
tofore practised by said proprietors, seven days at least, before the
day of such meeting ; at which meeting, the said proprietors may

38

1822.-

■Chap. 53 — 55.

Fishing inter-
dicted.

Fines.

Towns may sus-
pend tliis act.

Prosecutions
limited.

proceed to execute any of the powers vested in them by this act.
[Jan. 30, 1823.]

CiKip, 04^. -'^'i ^^'^ 1° prevent the destruction of the Fish called Piciicrel or Pike, in the Ponds in the
towns of Braintree, Canton and Randolph, in the county- of Norfolk.

Sect. 1, BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same,
That from and after the first day of March next, it shall not be law-
ful for any person or persons to take any fish, called pickerel or pike,
in any of the ponds called the Great Pond, in the towns of Brain-
tree and Randolph, and the Little Pond in the town of Braintree,
and the pond called Ponkapoag, in the towns of Canton and Ran-
dolph, fiom the first day of December, to the first day of April, in
each and every year ; and every person offending contrary to the
true intention and meaning of this act, upon conviction thereof be-
fore any justice of the peace within the county of Norfolk, shall pay
a fine of fifty cents for each and every pickerel, or pike, so taken,
to and for the use of the person who shall sue for the same, together
with all legal costs of prosecution : provided nevertheless, that either
of the towns of Braintree, Canton or Randolph, may, at their annual
meetings in the month of March or April, suspend the aforesaid act,
so far as respects the ponds in their respective towns, for the term
of one year.

Sect. 2. Be it further enacted, That all prosecutions for any
violations of the provisions of this act shall be instituted within thirty
days from the time of committing the same. [Jan. 31, 1823.]

Chap. B5. ^'^ ^^^ '" incorporate the President, Directors and Compan_y of the Exchange Bank.

Sect I. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same.
That William P. Richardson, Charles Saunders, George Cleveland,
Gideon Tucker, .John H. Andrews, William Silsbee, William Fet-
ty|)lace, and Stephen White, and their associates, successors and
assigns, shall be, and hereby are created a corporation, by the name
of the President, Directors and Company of the Exchanije Bank,
and shall so continue until the first Monday in October, which will
be in the year of our Lord one thousand eight hundred and thirty
one ; and the said corporation shall always be subject to the rules,
restrictions, limitations, taxes and provisions, and be entitled to the
same rights, privileges and immunities, which are ccntained in an act
entitled "an act to incorporate the President, Directors and Com-
pany of the Merchants' Bank," a bank established and kept in the
town of Salem, except as the same are so far modified, or altered,
by this act, as fully and effectually as if the several sections of said
act were herein specially recited and enacted.

Sect. 2 Be it further enacted, That the capital stock* of the
said corporation shall consist of the sum of two hundred thousand
dollars, divided into shares of one hundred dollars each, twenty five
per centum of which shall be paid, in gold and silver, in ninety days
after the first meeting of the said corporation, and the residue in three
instalments of fifty thousand dollars each, the first in six months, the
second in nine months, and the third in one year after said first meet-
ing, or at such earlier time, or times, as the stockholders may direct

Persons incor-
porated.

Powers.

1811 ch.82. and
1811 ch. 86.

Capita! stock.

[* Increased by
St. 1823 ch. 8,
reduced by st.
1829 ch. 82.]

Payment of :
stahnents.

1822. CiiAP. 55. 39

at said meeling ; and no dividend shall be made or declared on the Condition of di-
capital stock of said bank, until tlie sum of two hundred thousand ^"iciids.
dollars shall have been paid in, according to the provisions of this act.
And the stockholders, at their first meeting, sliall, by a majority of
votes, determine the mode of transferring and disposing of the said Transfers.
stock, and the profits thereof, which being entered in the books of
the said corporation, shall be binding on the stockholders, their suc-
cessors and assigns, until they shall otherwise determine. And the
said corporation are hereby made capable in law to have, hold, pur- Limitation of
chase, receive, possess, enjoy, and retain to them, their successors '''■'^' ^*'^'®
and assigns, lands, tenements, and hereditaments, to the amount of
twenty thousand dollars, and no more, at any one time, with power
to bargain, sell and dispose of the saine, and loan and negotiate
their monies and effects by discounting, on banking principles, on
such security as they shall think advisable : provided^ hoicever, that Proviso,
nothing herein contained shall restrain or prevent said corporation
from taking and holding real estate on mortgage, or execution, to
any amount, as security for, or in payment of any debts due to the
said corporation ; and provided further, that no monies shall be loan-
ed, or discounts made, nor shall any bills, or promissory notes be
issued from said bank, until the capital subscribed, and actually paid Capital necessa-
in, and existing, in gold and silver, in their vaults, shall amount to ryo issue notes.
fifty thousand dollars, nor until said capital stock actually in said vaults Vaults to be ex-
shall have been inspected and examined by three commissioners, to m]'ssioncrs.'^°"^"
be appointed by the governor, for that purpose, whose dtity it shall
be, at the expense of the corporation, to examine the monies actu-
ally existing in the vaidts, and to ascertain, by the oath of the direct-
ors, or a majority of them, that said capital stock has been bona fide
paid in by the stockholders of said bank, and towards payment of
their respective shares, and not for any other purpose, and that it is
intended to remain therein as part of said capital, and to return a cer-
tificate thereof to the governor. And no stockholder shall be allow-
ed to borrow any money at said bank, until he shall have paid in his
full proportion of the whole of said capital stock as herein before pro-
vided and required.

Sect. 3. Be it further enacted, That the said bank shall be Location,
established and kept in the town of Salem.

Sect. 4. Be it further enacted, That whenever the legisla-
ture shall require it, the said corporation shall loan to the Comnion-
wealth any sum of money which may be required, not exceeding ten giaiemay de-
per centum of the capital stock then paid in, at any one time, reim- mand loans,
bursable by five annual instalments, or at any shorter period, at the
election of the Commonwealth, with the annual payment of interest,
not exceeding rive per centum : provided, however, that the Com- proviso,
monwealth shall never stand indebted to said corporation, without
their consent, for a larger sum than twenty per centum of their
capital then paid in.

Sect. 5. Be it further enacted, That William P. Richardson, First meeting
George Cleveland, and Stephen White, or any two of them, are o°fj-eer°s'an/
authorized to call a meeting of the members and stockholders of said making by-
corporation, at such time and place as they may see fit to appoint, '^"*-
by advertising the same in the Salem Gazette and Essex Register,

40 1822. Chap. 55—56.

printed in Salem, for the purpose of making, ordaining and estab-
lishing such by-laws and regulations, for the orderly conducting the
affairs of the said corporation, as the stockholders shall deem neces-
sary, and for the choice of a board of directors, to consist of nine
persons, and such other officers as they shall see fit to choose.

Sect. 6. Be it further enacted^ That the Commonwealth shall
have a right, whenever the legislature shall make provision therefor.
Slate may sub- by law, to subscribe, on account of the Commonwealth, a sum not
scribe. exceeding one half part of the stock actually paid in, to be added to

the capital stock of said corporation, subject to such rules, as to the
management thereof, as shall be by the legislature made and estab-
lished.

Sect. 7. Be it further enacted, That the caj)ital stock of said
Stock not trans- bank shall not be sold, or .transferred, but shall be holden by the
^yeaj.^ '"'^ ""'^ original subscribers thereto, for and during the period of one year
from the time of passing this act. And in case the same shall not
be put in operation, according to the provisions thereof, within the
year aforesaid, it shall be void. [Jan. 31, 1S23.] Add. act, 1823,
ch. 8: 1829ch.82.

i^llCip, oh. A21 Act concerning the House of Industry in the city of Boston.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the same,
Directors of (lie That the city council of the city of Boston shall choose annually, in
try."^^° "' '* ^''^ month of May, by ballot, nine discreet and suitable citizens to
be directors of the liotise of industry, in said city.

Sect. 2. Be it further enacted, That the said directors shall
Powers of di- have and exercisc the like authority and power, in using, regulating
rectors. ^^^ governing said house of industry, as are had and exercised by

overseers of the poor within this Commonwealth, and mav send such
persons to said house, and for such purposes, as overseers of the
poor are by law authorized to do.
Justices of f)o- Sect. 3. Be it further enacted, That the justices of the police
I'^mm-rl^'!"^ court in the city of Boston, in the county of Suffolk, shall have and
bonds, (fcc. exercise the like authority and power, in ordering conmiitments to
said house of industry, as are now vested in justices of the peace,
as to conmiitments to houses of correction, according; to the provis-
1787 ch. 51.. ions of an act, entitled "an act for su|)|)ressing and punishing of
rogues, vagabonds, common beggars, and other idle, disorderly and
lewd persons," passed on the twenty-sixth day of March, one thou-
sand seven hundred and eighty -eight.

Sect. 4. Be it further enacted. That the said directors shall,
Annual report in the month of April, in every year, make report, in writins;, to the

of directors. • -i r i i i n r i ■ i ^. .1

City council, ot the persons who shall have been resident in said
house of industry, during the next preceding twelve months, and of
the manner in which such persons shall have been employed during
their residence therein ; and the said directors shall also render to
the city council, in the month of April, annually, an account of all
monies received and paid on account of the said house.
Rules and or- Sect. 5. Be it further enacted. That all rules and orders for
*^®"- the governing and managing said house of industry, shall, within two

months after the same shall have been made, be submitted to the

1822. Chap. 56—57. 41

city council ; and such rules and orders shall be in force until re-
pealed or altered by said directors, or until disapproved of by vote
of the said city council.

Sect. G. Be it further enacted^ That no rules or orders shall Same suNject.
be established for the governing and managing said house of industry
by the directors thereof, unless at a meeting at which five or more
of the said directors are present.

Sect. 7. Be it further enacted, That the city council of the
city of Boston be, and the same hereby is authorized and emjjowered,
as soon after the passing of this act as they may see fit, to choose
nine directors of said house of industry, to continue in office until
the election of directors, which may be made, pursuant to this act, city Council lo
in the month of May, in the year one thousand eight hundred and choose first di-

• . • rectors

twenty-four, any thing in this act to the contrary notwithstanding.
[Feb. 3, 1S23.] Add. act, 1826 ch. Ill: 1833 ch. 12G.

All Act to incorporate the Members of ihc Protestant Episcopal Society of St. Luke's (JJidj), 57.
Church, in the town of Ivanesborougli. -*

Sect. 1. BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same.
That Laban Lasell and Nehemiah Talcott, church wardens, and Persons incor-
Ephraim Bradley, Peter B. Curtis and Sheldon C Curtis, vestry- P"'^'^''-
men, of the Episcopal Church of St. Luke, in the town of Lanes-
borough, together with such others as have or may hereafter join
said parish or society, and their successors, together with their polls
and estates, be, and they hereby are incorporated into a society, or
body politic, by the name of the Protestant Episcopal Parish of St.
Luke's Church, in Lanesborough ; and the said parish are hereby
invested with full power and authority to assess and collect of the
men)bers belonging to said parish, from time to time, such monies Powers and
as are, or may be necessary for maintaining the public worship of pf^'leges.
God therein, and for maintaining an instructor of piety, religion and
morality, and for erecting and keeping in repair a house for public
worship, when they may judge the same necessary ; and the said
Episcopal Parish are hereby vested with all the powers, privileges
and immunities of other religious societies, according to the consti-
tution and laws of the Commonwealth.

Sect. 2. Be it further enacted, That when any person or per-
sons belonging to Lanesborough, or the towns adjoining, may here-
after wish to become inembers of the said Episcopal Parish in Lanes- Conditions of
borough, they shall have a right so to do, by complying with the membership,
requisitions contained in the second section of an act, entitled "an isiich. 6.
act respecting public worship and religious freedom," passed the
eighteenth day of June, in the year of our Lord one thousand eight
hundred and eleven. And every person, who shall thus become a
member of the said Episcopal Parish in Lanesborough, shall be
exempt from taxation, for religious purposes, in every other corpo- Exemption,
ration whatsoever, so long as he shall continue a member of the said
Episcopal Parish in Lanesborough.

Sect. 3. Be it further enacted. That the said Protestant Epis- May raise a
copal Parish be and they hereby are empowered to raise and estab- ^"""^•
lish a fund, in such way and manner as they may see fit, the annual

VOL. VI. 6

42 1822.— Chap. 57—59.

income or interest of which shall not exceed the sum of two thousand
dollars ; the said income or interest, or so much thereof as shall be
Appropriaiion necessary, to be appropriated to the support of a l*rotesiant Episcopal
of fund. priest, or priests, in said parish. And the wardens and vestry-men

of the said parish, for the lime being, shall be ihe trustees of the said
fund belonging to said parish, and shall have the care and manage-
ment thereof, together with all other property, subject to the control
Wardens may and direction of the said parish ; and shall have power to sue for,
sue for debts, and rccover and collect, any monies which may be due and owing
to said parish.

Sect. 4. Be it furiher enacted^ That the first meeting of said
parish shall be convened, by a warrant, to be issued by any justice of
First meeting, ihc peace for the county of Berkshire, directed to one of the war-
dens or vestry-men of said parish, requiring him to notify and warn
the members of the said St. Luke's Parish, to meet at such conve-
nient time and place, as shall be appointed in the said warrant ; and
the members of the said i)arish, being so met, and duly organized,
may agree upon and fix the way and manner of calling future meet-
ings. [Feb. 3, 1823.]

/^/ FiQ ^" ■'^^^ '" Pfcvcnt the destruction of Fish in the Hoosick River, within ihe towns of Wil-

\yH(ip, OO. lianislown and Adams.

Sect. 1 . BE it enacted by the Senate and House of Representa-
tives, in General Court assembled, and by the authority of the same^
Fishing' with That from and after the first day of INIay next, it shall not be lawful
nets prohibited. ^^ ^^\^^^ ^^, catcli any fish, with nets or seines, in the Hoosick River,
within the towns of Williamstown and Adams ; and every person so
offending, contrary to the true intent and meaning of this act, upon
conviction thereof, before any court of competent jurisdiction, shall
Fine. P^y a fine of two dollars, one half to the complainant, and the other

half to the town in which such offence is committed.

Sect 2. Be it further enacted. That the inhabitants of the
aforesaid towns of Williamstown and Adam'^, may, at their annual
Act may be March or x\pril meeting, by a concurrent vote, suspend the opera-
suspended, tion of the prohibitions and restrictions contained in this act, for such
term of time, not exceeding one year, as to them shall seem expedi-
ent : provided, however, that the foregoing act shall not be so sus-
pended within two years from the passing of the same. [Feb. 3,
1823.]

Chnn ^Q '^" ''^^^ *° incorporate the Hampshire and Hampden Canal Company.

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the sajne.
Persons incor- That Samuel Hinckley, Ebenezer Hunt, Ferdinand H. Wright,
porated. Isaac Damon, Eliphalet Williams, Samuel Fowler, Elijah Bates,

William Atwater, Enos Foote, John Mills, and Heman Laflin, their
associates and successors, be, and they are hereby constituted and
made a body politic and corporate, and shall be and remain a corpo-
ration forever, under the name of the Hampshire and Hampden
Canal Company ; and by that name may sue and prosecute, and be
sued and prosecuted, to final judgment and execution, and may
. have a common seal, and the same may break, alter and renew at

1822. Chap. 59. 43

pleasure ; and shall be, and hereby are vested with all the powers Powers and pri-
and privileges, which are by law incident to corporations of a sinii- Alleges.
lar nature, and which are necessary to carry into effect the objects of
the association.

Sect. 2. Be it further enacted, That the said corporation may,
and the same is hereby authorized to locate, construct, and fully com- Location of ca-
plete a navigable canal, with locks, tow-paths, basins, wharves, "^'"
dams, embankments, toll houses, and other necessary appendages,
commencing at Connecticut River, in Northampton, in the county of
Hampshire, and thence, passing through the towns of Easthampton
and Southampton, in the county of Hampshire, and Westfield and Boundaries.
Sonthwick, in the county of Hampden, in such course, or courses,
as may be deemed most convenient for said company, to the boun-
dary line between Massachusetts and Connecticut ; with power to
em])loy and use, as reservoirs, or feeders, for the purpose of sup-
plying with water said canal, or such works as may have any por-
tion of their water diverted from them to supply said canal, the
different ponds, rivers, and streams of water, near or over which May use ponds
the said canal may pass, and also to save the flood, and other ^°^ ^<^^^^'^^-
waters of the ponds, rivers and streams, so used as aforesaid, and
to construct artificial reservoirs for the pui'poses aforesaid. And
the said corporation shall have power to connect with said canal,
by feeders, oi- by navigable canals, any or all of said ponds, riv-
ers, streams, and reservoirs : provided, hoivever, that all damages proviso,
which may be occasioned to any person, or persons, by any of
said canals, reservoirs, or feeders, or in the construction thereof,
shall be satisfied by said corporation, in manner hereinafter provided.

Sect. 3. Be it further enacted, That if at any time after said
canal or any of its branches or feeders, are located, any unforeseen
obstacles, impediments, or inconveniences occur on the route locat- May deviate
ed, the said corporation shall have power to deviate from the course from original
marked out, so far, and in such manner, as may be best ca'.culated '^°"^^"
to surmount, overcome, or avoid such obstacles, or inconveniences,
said corporation satisfying all damages which may be occasioned
thereby, in the manner hereinafter provided ; and said corporation
may, from time to time, make such alterations in the course of said
canal, its branches, and feeders, as may be necessary or expedient,
satisfying all damages in manner aforesaid.

Sect. 4. Be it further enacted, That the said corporation be,
and is hereby authorized and empowered to purchase and hold, to
them and their successors, forever, real estate, not exceeding in May hold real
value, the sum of three hundred thousand dollars, and may erect estate, and

• ' •' GrGct nulls.

mills, and other works, on the waters connected with said canals,
feeders, and reservoirs : provided, however, that when, by reason of Proviso,
the construction of said canal in any of the towns before mentioned,
there shall be no grist mill remaining therein, said corporation shall ~
not be authorized to construct any other mills, or works, to be car-
ried by water, in such town, or towns, respectively, until provision
shall have been made for a grist mill therein, for the convenience and
accommodation of the inhabitants of the same.

Sect. 5. Be it further enacted, That a toll be, and hereby is Tolls.

44 1822. Chap. 59.

granted and established, for the sole benefit of said corporation, for-
ever, viz : for every ton, (computing by weight or admeasurement,
at the election of said corporation,) that shall be transported upon
said canal, or any of its branches, after the rate of not less than six
cents, nor more than ten cents, per mile, the precise rate of toll
claimable by said corporation, to be determined by the Court of
Sessions for said county of Hampshire, after a full consideration of
the probable expense of said canal, and the probable extent of its
business, and upon application to said court for that purpose by the
corporation, at any lime prior to the completion of the whole or
any part thereof; and all boats, or other vessels, navigating said
canal, or any of its hranches, whether enipty, or loaded in |)art only,
shall be subject to pay the same toll for every ton burthen they are
capable of carrying ; and the right to take toll shall commence as
soon as said canal, or its branches, or any part thereof, shall be com-
pleted.

Sect. G. Be it further enacted^ That the said corporation shall
By-laws and have power, from time to time, to make and ordain such by-laws,
regulaiioiis. rulcs and regulations, as may be necessary, touching the premises ;
especially to fix upon and determine the size and form of boats, rafts,
and all other vessels, that shall be used for the purpose of navigating
said canal ; to determine the times and manner of their passing the
locks, and what connnodities shall not be transported during a want
of water, should such an event happen on any portion of said canal :
provided, the same be not repugnant to the consiiiution and laws of
this Commonweahh. And the penalties provided by said by-laws,
rules, and regulations, may be sued for and recovered by the treasur-
er of said corporation, or any other person thereunto by said corpo-
ration authorized, to their use and benefit, before any justice of the
Penalties. peace, or any court proper to try the same, which penalties shall in

no case exceed the sum of ten dollars. And said corporation shall
cause all such by-laws, to the breach of which penalties are affixed,
to be printed, and a copy thereof to be placed in some conspicuous
situation at each toll house. And if any person, or persons, shall
wantonly or maliciously mar, deface, or pull down any copy so set
up, said corporation may sue for and recover, to iheir own use, a
sum not exceeding five dollars, of any such person, or persons.

Sect. 7. Be it further enacted, That if any person, or persons,
shall wilfully, maliciously, or wantonly, and contrary to law, obstruct
the water, or navigation, remove, or in any way spoil, injure, or de-
stroy said canal, or its branches, feeders, or reservoirs, or any part
thereof, or any thing belonging thereto, or any material to be used in
the construction thereof, he, she, or they, (or any pei'son, or per-
sons, assisting, aiding, or abetting in such trespass,) shall forfeit and
Trespassers lia- P"y ^o Said corporation, for every such offence, treble such damages,
bie to treble as shall be proved before the justice, court, or jury, before whom the
(amages— ^^_.^j ^j^^jj j^^ j^^^^ ^^ ^^ ^^^^ j-^^^. ^^^j recovered before any justice, or

in any court proper to try the same, by the treasurer of said corpora-
tion, or other officer whom they may direct, to the use of said cor-
poration. And such offender, or offenders, for any offence, or
offences, contrary to the above provisions of this act, shall be liable
to indictment by the grand inquest of the county, wherein the offence

1822. Chap. 59. 45

was committed, and on conviction thereof, either in the supreme "?"'' ?^^ ^°

. .. . , c , 1111-'., "iioicied.

judicial court, or any court ol common pleas, to be holden in said
county, shall )iny a Hne, not exceeding five liundred dollars, and not
less than thirty dollars, to the use of the Comnionvvealth, or may be
imprisoned for a term not exceeding tliree years, at the discretion of
the court, before which the conviction may be had.

Sect. 8. Be it further enacted, That whenever said corporation Koport of loca-
shall have located said canal, or any part thereof, or the feeders or madfto'coun of
branches thereto, or any of them, they may make a report thereof to sessions.
any court of sessions within and for the said county of Hampshire,
at any regular or adjourned term thereof, wherein they shall particu-
larly describe the bearings of the intended route, or any section
thereof, its width, including low paths, embankments, basins, wharves,
excavations, the reservoirs intended to be constructed or used, and
the names of the owners of the lands, so fai^as the same can be as-
certained ; which said report, so made, of the whole, or any section
of said canal, or of any one or more of the feeders, branches, or res-
ervoirs, shall be placed on the files of said court, and notice be given
thereof to the owners of the land embraced therein, if known, in such
manner as the said court shall direct, at the expense of said corpora-
ration. And the said court shall thereupon appoint three disinterest- Commissioners
ed and discreet freeholders of the said counties of Hampshire or "> ''« ;ippointe.i
Hampden, one of whom shall be an inhabitant of Hampsliire, and age^and
one of Hampden, (vacancies, if any ha])pen, to be filled by said *>^°™'
court,) to estimate all damages, which any person, or persons, whose
lands are described or mentioned in such report, will sustain, provided
such canal, or any branch, or feeder thereof, or basin, wharf, or oth-
er appendage, or appurtenant, be constructed thereon. And the said
commissioners, before they proceed to execute their duties, shall be
sworn to a faithful and impartial discharge thereof, and shall give
public and seasonable notice, in such manner as said court shall di-
rect, to all persons interested, to file their claims (if any ihey have, claims to bo
which have not been released to said corporation,) with some one of filed,
said commissioners, or with the clerk of the courts for the said coun-
ty of Hampshire, within thirty days from the date of said notice.
At the end of the term allowed for filing such claims for damages,
the commissioners, or a majority of them, having previously given
notice to all parties interested, of the time, and of the extent of the
route to be examined, by publishing in one or more of the newspa- Noiicepub-
pers |)rinted at Springfield, in the county of Hampden, and in one ''shed.
newspaper printed in said Northampton, an advertisement thereof, in
three successive papers at least, shall pass over the premises so in-
tended to be used by said corporation for the purposes aforesaid ;
and after hearing the parties in interest, or such of them as desire to
be heard, shall, according to their best skill and judgment, estimate
all such damages, as they shall think any person, or persons, corpo- Rule in assess-
ralion, or corporations, will sustain by the opening of such canal, or '"g damages,
any of its branches, or feeders, through his, her, or their land, or by
the construction of any reservoirs, embankments, tow paths, basins,
wharves, or other appendages, or by the diversion of the water from
any of the ponds, rivers or streams herein before mentioned, over
and above the benefit and advantases which said commissioners shall

46 1822. Chap. 59.

adjudge may accrue to sucli person, or persons, corporation, or cor-
porations, from opening said canal ; and the said commissioners, or
a major part of them, shall make return of their doings, as soon as
Commissioners may be, to said court of sessions, to the end that the same may be

to make return accepted, allowed, and recorded. And the said court shall there-
to court olses- ' , , . , ■ i , r i r i • u

sions. upon order the said report, or the substance thereol, to be torthvvitn

published in one or more of the newspapers printed in said Spring-
field, and in one newspaper printed in said Northampton, three weeks
successively, at the expense of the corpijration. And if the corpo-
ration, or any person or persons interested, shall be dissatisfied with
the estimate of said commissioners, application may be made by such
dissatisfied party to the court of sessions within and for the county,
in which the damage complained of has been sustained, at the term
thereof next after the return and acceptance of such report and its
publication as aforesaid, for a jury to hear and finally determine upon
the airiount of damages to be assessed in the case complained of ;
which said jury shall be summoned by the sherifl", under the direction
of the court, in manner prescribed by law in case of complaints for
Juries may i>e damages Occasioned by the laying out of highways; and they shall
dama'^es.'^'^^' *^ be under oath, according to the provisions of the law in such cases.
And if the party injured in his, her or their estate, api)Iy for such
jury, and fail to obtain increased damages, such party shall be liable
for all legal costs arising after the entering of such application for a
jury ; and said court shall enter judgment and issue execution accord-
ingly. And if said corporation apply for a jury, and fail to obtain a
diminution of damages, it shall in like manner, be liable for costs ;
and said court may enter judgment and issue execution for such costs.
Damages to be And if withiu ninety days after the said corporation shall have entered
ninety'da"«. "P^" ^'^^ ^^ud of any pcrsou, or persons, and cotnmenced the process
of excavation, or embankment, for the purpose of constructing said
canal, or any of its branches, feeders, or reservoirs, it shall not pay,
or cause to be paid, the damages, if any, so assessed in manner
aforesaid, by such commissioners, or such jury, or awarded by refer-
ees, mutually agreed on by the parties, as hereinafter provided, as
well such person, or persons, on whose land operations are so com-
menced, as others whose water privileges shall be thereby injured,
Action of debt, may have an action of debt against said corporation, in any court
proper to try the same, to recover such damages. And execution,
from whatever court the same may issue, for damages assessed as
aforesaid, or costs, shall be in common form, mutatis imitandis, and
may be levied upon the goods, estate, and lands of said corporation,
['Property of or any member thereof;* and in case it issue from the court of ses-
mdividuaisex-' gious aforcsaid, for costs as aforesaid, it shall be made returnable at
1825 ch. II.] the term of said court then next ensuing. And the report of said
commissioners, when accepted and recorded, and not appealed from
in manner aforesaid, or the verdict of a jury, being returned and re-
Report and ver- corded, shall forever be a bar to any action commenced for damages
diet to be filial, ggainst said corporation, on account of the injury for which such
damages were awarded, other than as is herein provided, saving only,
that when yearly damages are assessed, the party in whose favor they
are assessed, or ascertained, by a jury, shall have his action of debt
to recover the same when payable, during the continuance thereof:

1822. Chap. 59. 47

and provided always, that wherever the water privileges of any per- Proviso,
son, or persons, are sucli, that the commissioners shall not be able
before the canal is actually opened, to determine, with reasonable
certainty, the damages which the opening of the canal will occasion,
and the party injured may request it, the said commissioners shall
assess the damages which such persons will sustain during a limited
period, at the expiration of which time a new application may be
made by such jierson, or jiersons, to the court of sessions for the
county of Hampshire, and a new assessment of damages shall be
thereupon made, in the manner herein before provided. And any
person, or persons, whose water privileges shall be injuriously afiect-
ed by the constiuction of s'aid canal, and who shall not have exhibited
his or their claims for damages, at the time herein before provided
for the exhibition of claims for damages, may, nevertheless, at any
subsequent period, make application to the court of sessions for the
county of Hampshire, and thereupon the said commissioners shall
proceed to assess the damages sustained by such person, or persons,
in manner aforesaid.

Sect. 9. Be it further enacted. That said corporation shall Bridges to be

, .,, J , . ^' , . . ,\ . • I -J l^u'lt and kept

build, and keep m good repair, suitable and convenient bridges over in repair,
said canal, in all places where said canal shall pass any existing public
highway, or road, or any new one which may be hereafter laid out
for public use, and such other bridges over said canal, for the accom-
modation of such persons as may own lands on both sides of the canal,
at such place and places, and of such diniensions, as the court of
sessions for the respective counties may, on application of the parties
interested, order and direct.

Sect. 10. Be it further enacted. That if after said canal shall
be located, and a report of commissioners be made thereon, in man-
ner aforesaid, any alteration shall be made in the course thereof, or
in the course of any of its feeders, or branches, or if any new reser-
voirs, branches or feeders, shall be made in aid of said canal, the
damages may be estimated in the same way, and the same proceed- Estimate of
ings had, in manner provided in this act : Provided, hou-ever, that in ''a"ias.''s whm

,p • 1 11 1 ' [• -1 -1 alteralions arc

all cases it shall be competent lor said cor[)oration, and any person made.

or persons, corporation or corporations, injured by the location of

said canal, or any of its tributaries, or appendages, to submit the

question of damages to such referees, as they may agree upon, whose Referees.

award, when returned to the court of sessions, within and for the

county wherein the damage has been sustained and accepted, shall

be final ; and said court may enter judgment accordingly. And said Compensation

commissioners shall be allowed three dollars a day for their services, o^^ '^o'"™'"'""'

to be paid by the said corporation.

Sect. 11. Be it further enacted. That the said corporation sliall
be, and is hereby authorized to raise sufficient funds for the accom-
plishment of the objects aforesaid ; and for that purpose it may, as
soon as it shall see fit, after the passing of this act, open books at
some suitable place, or places, wherein subscriptions may be enter-
ed for shares in the capital stock of said corporation, each share to Capital stock,
be of the amount of one hundred dollars, and each subscriber to be
a member of the corporation for all purposes ; and as soon as one
thousand shares shall have been subscribed, said corporation may be

48 1822. Chap. 59.

organized in manner following, to wit : — The petitioners, or any
three of them, may make application to any justice of the peace for
First nieeiing-. the cotinty of Hampshire or Hampden, requesting him to call a meet-
ing of the proprietors, to be holden at some convenient place within
either of the aforesaid counties ; wdiereupon such justice may issue
his warrant to any one of said applicants, directing him to notify the
))roprietor3 to meet at such time and place in either of said counties,
as the said justice may therein appoint, to do and transact all such
matters and things, as may he expressed in such warrant; and the
individual to whotn such warrant shall be directed, shall give notice
of such meeting, by causing the said warrant to be published in one
or more of the newspapers in each of said counties of Hampshire
and Hampden, and also in one or more of the newspapers printed
in New Haven, in the state of Connecticut ; and the proprietors may
at the same meeting, or at a subsequent one, choose a clerk, treas-
Officers to be urer, and such other officer, or officers, committee, or committees,
chosen. gg [[jey gij,iii judge necessary for regulating the affairs of said cor-

poration •, and every member shall have a rigiit to vole at said meet-
Ri^^ht of voting, ing, and at all other meetings, by himself or proxy, duly authorized
[Earh share cii- jj^ writing, in the foliowine; ratio : one share, one vote, and every

mien to a vote. i i- • i i

1825 ch. 11.] two additional shares, one vote.

Books of sui)- Sr.CT. 12. Be it further enacted, That the books of subscrip-
scription. tion shall remain open as long as said corporation shall see fit ; but

no assessments shall ever be made so as to render any subscriber
liable to pay more than one hundred dollars for a share , nor shall
the stock or property of said corporation be liable to any species of
Stock not to be taxation for the term of eight years from and after the passing of this
yc&Ts. °' *^'°' ^^^- If fif'er the closing of said books, or at any lime, it shall ap-
pear, that sufficient fimris have not been raised, the corporation, or
its officers, duly authorized, may, at any time, and from time to time,
raise the necessary funds, by creating and selling new shares upon
the best terms that can be obtained.

Sect. 13. Be it further enacted, That if any subscriber shall
neglect to pay his subscription, or any portion thereof, for the space
of thirty days after he is required so to do, by a vole of the corpora-
Shares of delin- tion, the corporation, or any officer duly authorized for that purpose,
quents may bo piay make sale of such share, or shares, at public auction, to the
highest bidder, and the same shall be transferred by the treasurer, in
manner hereinafter provided, to the purchaser ; and such delinquent
subscriber shall be held accountable to the corporation for the bal-
ance of his share, if his share, or shares, shall so be sold for less
than their nominal value, and shall be entitled to the surplus, if any
there shall be, beyond the nominal value.

Sect. 14. Be it further enacted, That any share, or shares,
Shares transfer- of any meinber may be transferred by deed acknowledged and re-
^'^'®- corded by the clerk of said corporation, in a book to be kept for

that purpose : and the treasurer is hereby authorized to make trans-
fers, in like manner, of the shares of members sold according to the
provisions of the last preceding section of this act.

Sect. 15. Be it further enacted. That when the land, or other
property or estate, belonging to infants, femmes covert, or persons
non compos mentis, shall be taken and appropriated for the use and

1822. Chap. 59—64. 49

purposes of said canal as aforesaid, the husbands of such femmes

covert, and the guardians of such infants or persons non compos

mentis, respectively, may execute any deeds, enter into any con- Minors' proper-

tracts, or do any other matter or thing respectuig such lands, or

other estate, to be taken and ajjpropriated as aforesaid, as they

might do if the same were by them holden in their own rights

respectively.

Sect. 16. Be it further enacted. That all expenses that have
been, or shall be incurred, in procuring the inspection, examina-
tion, and surveying the location of said canal, and also all expen-
ses that have been, or shall be incurred, preparatory to the in-
corporation and organization of the company, shall be refunded Expenses to be

I 1 -IP r \ r • \ J .1 pai" '''O'Ti the

to those who paid the same, out ol the nrst instalment ; and tlie corporate funds,
amount thereof shall be entered on the books of the company,
and become a part of the capital stock.

Sect. 17. Be it further enacted, That from and after the
expiration of ten years, from and after the passing of this act, if Time limited for

I • 1 1 I 1 11 1 1 11 • 1 opening canal.

the corporation hereby created shall not have completed the said
canal, the Legislature of this Commonwealth may, upon applica-
tion of any other company for the privileges hereby granted, in-
corporate such other company for the purjjose of making said
canal. [Feb. 4, 1 823.] Add. acts— 1S25 ch. 11: 1829 ch. 50:
1832 ch. 47. See also 1836 ch. 199.

An Act in addition to an Act, to provide a salary for the County Attorney for the (Jhnr) Q^
County' of Suffolk. -t^*

Sect. 1. BE it enacted by the Senate and House of Repre- i82i ch. 104.
sentatives, in General Court assembled, and by the authority of
the same, That the sum of twelve hundred dollars be established Salary.
as the annual salary of the attorney of the Commonwealth within
and for the county of Suffolk, to be paid out of the treasury of
said county, in quarterly payments ; and to be in full compensa-
tion for his services, and in lieu of all fees and charges heretofore
received by him, and also for services for administering oaths to
witnesses, as commissioner, or otherwise, inclusive.

Sect. 2. Be it further enacted, That said attorney shall ac- Attorney shall
count to the treasurer of said county for all fees received by him ; fees"""
and the amount shall be deducted from his salary ; or if they ex-
ceed the amount thereof, the balance shall be paid by him into
the county treasury ; and in the settlement of the accounts for
expenses in criminal proceedings between the Commonwealth
and said county, there shall no more be charged to the Common-
wealth, for the services of said attorney, than his salary as afore-
said. [Feb. 8, 1823.] Add. act, 1834 ch. 202.

An Act to incorporate the Northampton Manufacturing' Company. ChcLt) 64

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assem,bled, and by the authority of
the same, That Nathan Storrs, Josiah D. Whitney, Charles Persons incor
Tappan, James Bull, Eliphalet Williams, Isaac Damon, Theo- P°'^'^'^-
dore Strong, and Jonathan H. Lyman, their successors and as-
signs, be, and they are hereby incorporated, by the name of the

VOL. VI. 7

50 1822. Chap. 64—65.

Northampton Manufacturing Company, for the purpose of manu-

Powers and re- facturing cotton, iron, and wool, in tlie town of Norii)an)pton ;

quirements. ^^,jjjj ^jj ^^^^ powers and privileges, and subject to all the duties

1808 ch. 65. and requirements, prescribed in an act, entitled "an act defining

the general powers of manufacturing corporations," passed the

third day of March, in the year of our Lord one thousand eight

hundred and nine, and the several acts in addition thereto.

Sect. 2. Be it further enacted^ That the said corporation

Real and per- may hold personal estate, to the amount of one hundred thousand

sonal estate. dollars, and real estate, not exceeding fifty thousand dollars, to

be divided into shares of five hundred dollars each. [Feb. 8,

1823.]

ChdT) 65 ■^" ^^^ '" incorporate the Proprietors of Bass River Lower Bridge, in the County of
x^* * Barnstable.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Abiel Akin, David Akin, Thomas Akin, Isaiah
Persons incor- Crowell, Seth Kelley, Zeno Kelley, Benjamin Tripp, and
porate . Robert Wing, with their associates, successors and assigns, be,

and they are hereby incorporated, for the purpose of building a
bridge over Bass river, between the towns of Yarmouth and
Dennis, in the county of Barnstable ; and the said persons be-
fore named, with their associates, shall be a corporation and body
Pow;ers and politic, with all the powers and privileges, and subject to all the
pnvi eges. duties and requirements, of other corporations for building bridges ;

and shall also be further subjected and required to conform to the
Conditions and Conditions, provisions and restrictions, following, viz.: First —
restrictions. That the Said bridge shall be built directly across the said Bass
river, from Lewis Crowell's wharf, in Yarniouth, to the shore in

said Dennis. Second That said bridge shall be built wholly

on piles, with the exception of a suitable abutment from the east-
Draw, ern shore ; that the said bridge shall have a sufficient draw, not
less than thirty feet wide, and not less than thirteen feet above
common high water ; that the propiietors of the bridge, and their
heirs and assigns, forever, shall be bound to open the draw, for
all vessels to pass through, with permanent masts, too high to sail
under with the masts standing ; and the said proprietors, their
Fines for deten- he\rs and assigns, shall forfeit twenty dollars to the master or

tion 01 v'6sscls. /•

owner of every vessel that may suffer unreasonable detention
from the draw, for each and every instance such vessel is de-
Buoys, tained ; and the proprietors shall place two buoys, well anchored,
the one above, and the other below the bridge, with a ring in
each, for warping through, and shall continue them there, so long
as the bridge shall remain, at their own expense ; and if the said
bridge shall cause shoals under, or on either side of the draw, so
as to obstruct the passage of vessels, the draw shall be removed,
from time to time, to where is the best water ; and if the said
Bridge may be bridge shall cause a bar across the said river, so as to render it

rcrnov6c[ in ^

case, &c'. 1 difficult fof vessels to pass in any place, and it shall be thought
best by the vessel owners above the bridge, to take the bridge
out of the river altogether, it shall be done at the expense of the

1822. Chap. 65, 51

proprietors. Third — The proprietors of said bridge, their heirs
and assigns, shall, at their own expense, purchase, fence, make
and keep in good repair, an open road from the end of the bridge, Road to be
touching the shore of Dennis, to the ferry road ; and that the r^a^^e and kept
town of Dennis shall be forever free from all charges and expen-
ses arising from the said road, or said bridge.

Sect. 2. Be it further enacted, That the said bridge shall
be well built, with sound and durable materials, twenty- four feet
wide, at least, and be floored with plank or timber suitable for
such a bridge, with sufficient rails on each side, for the safety of
passengers, and shall be at all times kept in good, safe and passa-
ble repair ; and the proprietors, at the place or j)Iaces where the
toll shall be received, shall erect, and keep constantly exposed
to view, a sign, or board, with the rates of toll, of all tollable
articles, fairly and legibly written and marked thereon : and all
persons, with their carriages and horses, passing to or from their Persons ex-
usual places of public worship, and all persons going to and re- ^^''iJf'^ton'"
turning from military duly, and all persons passing to and from
funerals, be, and hereby are exempted from paying toll, as re-
quired by this act. And if the said proprietors neglect to build Limiiaiion of
and complete said bridge, within five years from the passing of
this act, then it shall be void, and of no effect.

Sect. 3. Be it further enacted, That for reimbursing the
said proprietors the monies by them expended, or that may here-
after be expended, in building and supporting said bridge, a toll
is hereby granted and established for the sole benefit of said pro-
prietors, according to the rates following, viz.: — For each foot Rates of toll,
passenger, three cents ; for each horse and rider, eight cents ;
for each horse and chaise, chair, or sulky, or one horse wagon
or sleigh, twenty cents ; for each coach, chariot or phaeton, or
other carriage with four wheels, twenty-five cents ; for each cart,
sled, or other carriage of burden, drawn by one beast, twelve
cents and five mills ; and if drawn by two beasts, seventeen cents ;
and if drawn by more than two beasts, twenty-five cents ; for
each horse without a rider, and neat cattle, four cents each ; for
sheep or swine, twelve cents by the dozen, and in proportion for
a less number ; and one person, and no more, shall be allowed
for each team, to pass free of toll ; for each hand cart or wheel-
barrow, six cents : And at all times when the toll gatherer is not
attending to his duty, the gate or gates shall be left open. And
the taking of toll shall commence on the day of opening said
bridge for passengers, and shall continue, for the benefit of said
corporation, forever : provided, that at any time hereafter the rate
of toll shall be subject to the regulations of the Legislature.

Sect. 4. Be it further enacted, That upon application of
any two of the proprietors aforesaid, to either of the justices of
the peace for the county of Barnstable, such justice may issue a
warrant, directed to some member of the said corporation, re-
quiring him to notify and warn a meeting of said proprietors, to First meeting.
be holden at such time and place, as shall be appointed in said
warrant, to choose such officers, as corporations for building

62 1822. Chap. 66—67.

bridges are empowered to choose and appoint. And the said
corporation, at the same or any subsequent meeting, may order
the mode of notifying and calHng future meetings, and may make
By-laws. and adopt such by-laws, rules and regulations, as may be neces-

sary and convenient for the management of their affairs : provided,
they are are not repugnant to the constitution and laws of this
Commonwealth. [Feb. 8, 1823.]

f^hnn fifi -^" '^^^ incori)oraling' the Wcslporl Blanufaclnring Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled^ and by the authority of
Persons incor- the same, That Samuel Allen and Richard Allen, together with
porated. g^^^jj others as may hereafter associate with them, their successors

and assigns, be, and they are hereby made a corporation, by the
name of the Westport Manufacturing Company, for the purpose
of manufacturing cotton yarn and cloth, in the town of Westport,
Powers and re- in the county of Bristol ; and for that purpose shall have all the
quiremenis. powers and privileges, and be subject to all the duties and re-
1808 ch. 65. quirements, contained in an "act defining the general powers and
duties of manufacturing corporations," passed on the third day of
March, in the year of our Lord one thousand eight hundred and
nine, and the acts in arldition thereto.

Sect. 2. Be it further enacted, That said corporation may
Real and per- be lawfully seized and possessed of such real estate, not exceed-
ing the value of thirty thousand dollars, and personal estate, not
exceeding fifty thousand dollars, as may be necessary and conve-
nient for the purposes aforesaid. [Feb. 8, 1823.]

r^hnrt Pn ^" Act, in further addition to an act, entitled " An .4ct establishing the Ninth Massa-
LyflCip* D/. chusetls T'uriipike Corporation."

1799 ch. 34.. Sect. 1. BE it enacted by the Senate and House of Repre-

1800 d). 4. 3(3. sentatives, in General Court asscmbledj and by the authority of
(v. 2. p. 387, the same. That the Ninth Massachusetts Turnpike Corporation

1801 ch. 51. 'iiay erect a turnpike gate on the road belon2;ing to the said cor-
(v. 2. p. 493.) poration, between the line of the town of Uxbridge and the house
May erect a of Clark Cook, in Mendon ; and shall be entitled to receive from
^^'^' each traveller or passenger, at said gate, the following rate of
Rates of toll, toll, to vvit : — For every coach, phaeton, chariot, or other four

wheel spring carriage, drawn by two horses, twelve and an half
cents; and if drawn by more than two horses, two cents for each
additional horse ; for every chaise, chair, sulky, or other car-
riage for pleasure, drawn by one horse, six cents and one quar-
ter ; for every cart, wagon, sled, or sleigh, drawn by two horses
or oxen, five cents ; and if drawn by more than two, one cent
for each additional^ horse or ox ; for every cart, wagon, sled, or
sleigh, drawn by one horse, three cents; for each man and horse,
two cents ; for all horses, mules, or neat cattle, led or driven,
besides those in teams or carriages, one half cent each ; for all
sheep or swine, at the rate of one cent and an half by the dozen.
Sect. 2. Be it further enacted, That when the said corpo-
ration shall have erected a turnpike gate as aforesaid, and shall
begin to receive toll at the same, the rate of toll at the turnpike

1822. Chap. 67—68. 53

gate in Bellingbam, belonging to the said corporation, shall be Ke'iuciion oi
reduced. And it shall be lawful, from and alter that time, for
the said corporation to receive at its said turnpike gate in Bel-
lingbam, of all travellers and passengers, the same rate of toll
mentionerl in the first section of this act, and no greater.

SilCT. 3. Be it further enacted, That the said Ninth Mas-
sachusetts Turnpike Corj)oration, with relation to the turnpike
gates aforesaid, shall have all the powers and privileges, and be Powers, privii-
subject to all the duties, requirenienls and penalties, contained in fics!'^"*^ pena-
an act, entitled "an act defining the general powers and duties
of turnpike corporations," passed the sixteenth day of March, in isoich. 125.
the year of our Lord one thousand eight hundred and five.
[Feb. 8, 1823.]

An Act to incorporate the President, Directors and Company of the Oxford Bank. Chott 68

Sect. 1. BE it enacted by the Senate and House of Rep -
resentatives, in General Court assembled, and by the authority of
the same, That Samuel Slater, Jonathan Davis, Richard Olney, Persons incor-
Jeremiah Kingsbury, Simeon Burt, John Spurr, Daniel Turte- porated.
lott, Edward Howard, William Sigourney, Henry Sargent,
James Smith, Joseph Thayer, Francis Sibley, and Orra Good-
ale, with their associates, successors and assigns, shall be, and
are hereby created a corporation, by the naiTie of the President,
Directors and Company of the Oxford Bank; and shall so con-
tinue until the first day of October, in the year of our Lord one
thousand eight hundred and thirty-one ; and by that name shall
be, and are hereby made capable in law to sue and be sued,
plead and be impleaded, defend and be defended, in any court
of record, or any other place whatever ; and also to make, have Powers and
and use a common seal, and to ordain, establish and put in exe- P"^'''*^S'^-^-
cntion, such by-laws, ordinances and regulations, as to them shall
appear necessary and convenient for the government of said cor-
poration, and the prudent management of its concerns ; provided,
such by-laws, ordinances and regulations, shall be in no wise
contrary to the constitution and laws of this Commonwealth :
and the said corporation shall be always subject to the rules, re-
strictions, limitations and provisions, herein contained.

Sect. 2. Be it further enacted. That the capital stock of capital Stock,
said bank shall consist of the sum of one hundred thousand dol-
lars, in gold and silver, in shares of one hundred dollars each, to Shares.
be paid in, in the following manner, viz. : — One fourth part thereof
on or before the first day of July next, one fourth part thereof
on or before the first day of October next, one fourth [)art thereof
on or before the first day of January next, and the residue on or instalments,
before the first day of July thereafter, or at such earlier time as
the stockholders, at any meeting, may order. And no dividend
of profits shall be declared or paid on the capital stock of said
bank, until the whole of said stock shall have been paid in, con-
formably to the provisions of this act. And the stockholders, at transfer and
their first meeting, shall, by a majority of votes, deterniine the disposition of
mode of transferring and disposing of the stock and profits of ^'°^'' ^"'^ P^°'

54

1822.-

-Chap. 68.

Real estate.

Loans.

Proviso.

said bank ; which being entered on the books of said corporation,
shall be binding on the stockholders, their successors and assigns.
And the said corporation are hereby made capable in law to have,
hold, purchase, receive, possess, enjoy and retain, to them, their
successors and assigns, lands, rents, tenements and heredita-
ments, to the amount of four thousand dollars, and no more, at
any one time, with power to bargain, sell and dispose of the
same, and to loan and negociate their monies and effects, by dis-
counting on banking principles, on such security as they shall
think proper : Provided, hoivever, that nothing herein contained
shall prevent said corporation from taking and holding real estate
on mortgage, or on execution, to any amount, as security for, or
in payment of any debt due to said corporation : ^Ind provided
further, that no money shall be loaned, or discounts made, nor
shall any bills be issued from said bank, until the capital sub-
scribed, and actually paid in, and existing, in gold and silver, in
the vaults of the same, shall amount to twenty-five thousand
dollars.

Sect. 3. Be it further enacted, That the rules, limitations
proviMoiis, . ^^j provisions, which are provided in and by the third section of
1811 ch. 84. 3" 8ct, entitled "an act to incorporate the President, Directors
and Company of the State liank," shall be binding on the bank
hereby established, in the same manner as though specially re-
cited in this act, excepting that the bond to be given by the
cashier, shall be given in the penal sum of twenty thousand dol-
lars ; and the number of directors to be annually chosen, shall be
nine, and be inhabitants of, and residents within this Common-
wealth, and accountable for the doings of the whole board, five
of whom may constitute a quorum for transacting business : Pro-
Bills in circula- vided, that the amount of the bills of the said bank in circulation,
shall not, at any time, exceed fifty per centum beyond the
amount of the capital actually paid in.
Location. Sect. 4. Be it further enacted. That said bank shall be

established and kept in the town of Oxford, in the county of
Worcester.
Examination of Sect. 5. Be it further enacted. Thai nny comm\ttee spec\a]\y
^o^ s, \au s, appointed by the Legislature, for that purpose, shall have a right
to examine into the doings of said corporation, and shall have
free access to all their books and vaults ; and if upon such exam-
ination, it shall be found, and after a full hearing of said corpora-
tion thereon, be determined by the Legislature that the said
corporation have exceeded the powers herein granted them, or
failed to comply with any of the rules, restrictions or conditions,
Forfeiture of in this act provided, this act of incorporation shall thereupon be
declared to be forfeited and void.

Sect. 6. Be it further enacted, That the persons herein
before named, or any one of them, are authorized to call a meet-
ing of the stockholders of said corporation, at a convenient time
and place, by advertising the same, three w^eeks successively, in
the Massachusetts Spy and Na ional -'Egis, two papers printed
in Worcester, for the purpose of making, ordaining and estab-

Limitations,

Bond of cashier.

Number and
eleciion of di-
rectors.

charter,
First meeting.

1822. Chap. 68. 55

lishing such bv-l:nvs, ordinances and rceulations, for the orderly %-.iav\s and

.'^ . ,-',,..' , ., P ', I 1 1 1 "^ choice of ofli-

conducting ihe aiiairs ot said corporaiion, as ine siockliolders cers.
shall deem necessary, and for the choice of the first board of
directors, and such other officers as they shall see fit to choose.

Sect. 7. Be it further enacted. That the Conuiionweahh siaie Stock,
shall have a right, whenever the Legislature shall provide there-
for, to subscribe on account of said Coninionwealth, a sum not
exceeding fifty thousand dollars, to be added to the capital stock
of said corporation, herein before provided for. And whenever
the Commonwealth shall become so interested in said bank, the
governor and council shall have a right to appoint four additional State Directors'
directors, for the management of the same.

Sect 8. Be it further enacted, That the said corporation J^^^'|| [^"jP^^ ^^"
shall be liable to pay to any bona fide holder, the original amount
of any note of said bank, altered to a larger aiDOunt in the course
of its circulation, notwithstanding such alteration.

Sect. 9. Be it further enacted, That the said corporation, State tax.
from and after the first day of October next, shall pay, by way
of tax, to the treasurer of this Commonwealth, for the use of the
same, Vvithin ten days after the first Monday of October and
April, annually, the half of one per centum on the amount of
stock which shall have been actually paid in.

Sect. 10. Be it further enacted, That one tenth part of the
whole capital of said bank, may always be appropriated to loans,
to be made exclusively to citizens of this Commonwealth, wherein
the directors shall particularly regard the agricultural and manufac-
turing interest in the same ; which loans shall be made in sums
not exceeding five hundred dollars, nor less than one hundred,
to be secured by the personal bond of the borrower, and a satis- Loans on secu-
factory mortgage of real estate, as collateral security, for the "'y of real es-
term of not less than one year ; the interest on all such loans to
be paid annually, and the estate so mortgaged, subject to the
same forfeitures, and entitled to the same rights of redemption,
as is by law provided in other cases.

Sect. 11. Be it further enacted, That whenever the legis-
lature shall require it, the said corporation shall loan to the Com-
monwealth any sum of money which may be required, not ex- Loans to State.
ceeding twenty per centum of the caj)ital stock actually paid in,
reimbursable by five annual instalinents, or at any shorter period,
at the election of the Commonwealth, with the annual payment
of interest, at a rate not exceeding five per centum per an-
num.

Sect. 12. Be it further enacted. That the capital stock of
the said bank shall not be sold or transferred, but be holden by
the original subscribers thereto, for and during the term of one Condition of
year, from the time of passing this act ; and in case the same charter,
shall not be put into operation, according to the provisions there-
of, within the year aforesaid, it shall be void-, [Feb. 8, 1823.]
Add. act, 1830 eh. 73.

56

1822.-

•CiiAP. 69—72.

Chap. 69.

1812 ch. 40.

Increase of caj)-
ilal slock.

Condition of in-
crease.

Chap. 70.

Alteration of
Parish name.

Chap. 72.

Persons incor-
porated.

Location.

Powers and re-
quiremenls.
1808 ch. G5.

Real estate.

Capital stock.

An Act in addition to an .\ct, entitled " An Act to incorporate the President, Direct-
ors and Company of the .Sak-in Bank."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority oj the
same, That llie president, direciors and Company of the Salem
Bank, be, and they hereby are authorized to increase tiieir pre-
sent capital stock, by an addition of fifty thousand dollars thereto,
which sliall be paid in, on or before the first Monday of April ne.xt.

Sect. 2. Be it further enacted., That the additional stock
aforesaid, shall be subject to the like tax, regulations, restrictions
and provisions, as the present capital stock of said corporation is
now holden, by virtue of the act, to which this is in addition.
[Feb. 8, 1823.]

An Act to chang'e the name of the Parish, called the North Parish of Bridg-ewater.

BE it enacted by the Senate and Hoiise of Representatives, in
General Court assembled, and by the authority of the same, That
the parish heretofore known and called by the name of the North
Parish in Bridgewater, lying chiefly in the town of North Bridge-
water, in the county of Plytnouth, and partly in the town of Ab-
ington, in said county, and partly in the town of Stoughton, in
the county of Norfolk, shall no longer bear that name, but hence-
forth shall be called and known by the name of the First Parish
in North Biidgewater ; and all officers of said parish shall hold
and exercise their respective offices, in the same manner as they
would have done, had not the name of said parish been changed.
[Feb. 8, 1823.]

An Act to incorporate the Bclvidere Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Edward St. Loe Livermore, .John Bellows,
and Thomas Cordis, with their associates, successors and as-
signs, be, and they hereby are incorporated, by the name of the
Belvidere Manufacturing Company, for the purpose of manufac-
turing cotton and woollen cloths, and stamping calicoes, at a
place called Belvidere, adjoining Hunt's Fails, in Merrimack
river, in the town of Tewksbury ; and shall have all the powers
and privileges, and be subject to all the duties and requirements,
prescribed and contained in an act, passed in the year of our
Lord one thousand eight hundred and nine, entitled " an act
defining the general powers and duties of manufacturing corpora-
tions," and also the several acts supplementary thereto, or that
may hereafter be passed, in addition to (he same.

Sect. 2. Be it further enacted. That the said corporation
may be lawfully seized [of] and hold in fee simple, such real estate
as may be necessary for their aforesaid purposes ; provided, the
first cost, or sums paid for the same, shall not exceed in value
the total amount of fifty thousand dollars ; and shall also have
liberty to raise and establish a fund, or capital stock, for erecting
suitable buildings, and defraying the expenses incident to such
an establishment ; provided, the same shall at no time exceed
six hundred and fifty thousand dollars. [Feb. 8, 1823.]

1822. Chap. 73—74. 57

An Act to establish the First Baptist Society in Littleton. ChCLt) 73

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives in General Court assembled^ and by the authority of
the same, Tliat Jonathan Whitcomb, William Lapham, Asahel Persons incor-
Farnsvvorth, Aaron Tiittle, Matthew Brooks, Joseph Dadmun, ''"'^^'^ "
Nathan Brown, Daniel Burnham, Calvin Blanchard, Jonathan
Peirce, Hezekiah Sprague, Seth M. Bobbins, Samuel White,
John Clark, Joseph Dadmun, Junior, Alden Wheeler, John
Blanchard, Abner Wheeler, John Dodge, Barnabas Dodge,
Samuel Reed, Samuel Peirce, Stephen Pingery, Junior, Aaron
Brown, George Vinal, Abigail Peirce, Abigail Blanchard, and
George Jeffords, together with their families and estates, be,
and they are hereby incorporated as a distinct religious society,
by the name of the First Baptist Society in Littleton ; with all Powers and
the powers, privileges and immunities of other parishes or re- P"^'^S^^-
ligious societies in this Commonwealth.

SiiCT. 2. Be it further enacted^ That any person who may
hereafter wish to join in religious worship, and become a member
of said First Baptist Society in Littleton, shall have liberty so Conditions of
to do, by giving notice, in writing, of such desire and intention, inembership.
to the clerk of the parish or religious society, where such person
has formerly attended public worship ; also a copy of said notice,
in writing, to the clerk of said Baptist Society, fourteen days,
at least, previous to the annual meeting of said Baptist Society ;
and such person, from the date aforesaid, shall be consideretJ a
member of said Baptist Society.

Sect. 3. Be it further enacted^ That whenever any person
shall see cause to leave said society, and join some other religious Conditions of
society, the like notice and process shall be made and given, recession.
mutatis mutandis^ as is prescribed in the second section of this
act : provided, also, that every person so leaving, shall be holden
to pay his or her proportion of such parochial expenditures, as
shall be voted or assessed, and not paid prior to the leaving of
any society.

Sect. 4. Be it further enacted, That any three of the per-
sons named in this act, are hereby authorized to call the first
meeting of said society, for the purpose of choosing the officers First Meeting,
necessary to manage the prudential affairs, and of determining
the mode of calling future meetings, by posting a notification at
their usual place of worship, specifying the time and place of said
meeting, fourteen days previous thereto. [Feb. 8, 1823.]

An Act to continue in force the Act incorporating the Essex Fire and Marine Insu- f^Uftin 7A
ranee Company. K^lia[J. I^»

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the act, entitled "an act to incorporate William Gray, i802ch. no.
Junior, Esquire, and others, into a company, by the name of the (v-3-p-i6i.)
Essex Fire and Marine Insurance Company," passed on the
seventh day of March, in the year of our Lord one thousand
eight hundred and three, and the act in addition thereto, passed 1814 ch. 9.
on the ninth day of June, one thousand eight hundred and four-

VOL. VI. 8

68

1822.-

-Chap. 74—77.

1789 ch. 51.
(v. l,p.272.)

1792 ch. 78.
(v. l.p. 442.)

1795 ch. 10.

(v. 2. p. 35.)

1812 ch. 84.

Chap. 76.

D. Coney and
estate annexed
toWarc.

Charter extend- teen, shall be and remain in force for the term of twenty years,
^'^' from and after the seventh day of March, in the year of our Lord

one thousand eight hundred and twenty-three ; with all the pow-
1817 ch. 120. ers and privileges, granted by an act, entitled "an act to define
the powers, duties and restrictions of insurance companies,"
passed the sixteenth day of February, in the year of our Lord
one thousand eight hundred and eighteen : provided, hoicever,
that said corporation shall be subject to all the duties and require-
ments prescribed and contained in the said act, entitled "an act
to define the powers, duties and restrictions of insurance com-
panies ;" and that the said Fire and Marine Insurance Company
May be taxed, shall be liable to be taxed by any general law providing for the
taxation of all similar corporations. [^Feb. 8, 1323.]

/^Jt IK ^^ Act regulating the catching of Salmon, Shad and Alewives, in Merrimack River,

KyflCtp, I O, at the mouth of Shawshecn River, in the town of Andover.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That all the laws heretofore made for regulating the catching of
salmon, shad and alewives, in Merrimack river, so far as they go
to prevent their being taken at or near the mouth of Shawsheen
river, in the town of Andover, be and the same are hereby re-
pealed. [Feb. 8, 1823.] Add. act, 18-32 ch. 56.

An Act to annex Uaniel Coney, with his Estate, to the town of Ware.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Daniel Coney, with so much of his estate as is w ithin the
bounds of the towns of Brookfield and Western, in the county
of Worcester, be and they are hereby set ofi' from said towns,
and annexed to the town of Ware, in the county of Hampshire ;
and he shall hereafter be subject to all the duties, and entitled to
all the privileges, of an inhabitant of said town of Ware : pro-
vided, however, said Daniel Coney shall be liable to pay all
taxes that have been legally assessed on him, by said towns of
Brookfield and Western. [Feb. 8, 1823.]

>-,. — ~ An Act to authorize the sale of Parsonage Lands, which belong to the North Parish

K^fldp. lit in the town of Haverhill, in the county of Essex, to raise a Fund lor the support of

the Gospel Ministry in said Parish, and to appoint Trustees for the management

thereof.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Aaron Carleton, Jr. Peter Whittaker, John
Brickett, Benjamin Clement, and Moses Merrill, be, and they
are hereby appointed trustees to manage such funds as shall be
raised and appropriated, given or bequeathed, to the use afore-
said, or to other parochial uses, in and for said parish ; and for
that purpose they are hereby constituted a body politic and cor-
porate, by the name of the Trustees of the ^linisterial Fund, in
the North Parish in Haverhill ; and they and their successors, to
be chosen and appointed in the manner hereafter prescribed,
shall be and continue a body politic and corporate forever, by
that name ; and may have a common seal, and may alter the

Trustees.

Corporate
name.

1822. Chap. 77. 59

same at pleasure ; and by that name may sue and be sued, in General pow-
all actions, real, personal or mixed, and prosecute and defend "^"•
the same to final judgment and execution ; and the said trustees,
and their successors in office, may and shall annually elect a Election of
clerk, who shall be sworn to the faithful performance of the du- <='"'' 5
ties of his office, and a treasurer, who shall give bond to the —treasurer,
said trustees, in such sum, not less than five thousand dollars, as
the said trustees shall deem adequate, with sufficient surety or
sureties, faithfully to account for the monies, and all other prop-
erty he may receive by virtue of this act.

Sect. 2. Be it further enacted., That the real estate belong-
ing to said parish be and hereby is vested in said trustees and
their successors ; and the said trustees be and hereby are au-
thorized to sell and convey the whole or any part of said real Trustees may
estate, and the whole or any part of the wood thereon standing, es^a°e*'° ^^^
and to order and cause their treasurer to make, execute and ac-
knowledge a good and sufficient deed or deeds thereof; which
deed or deeds, subscribed by their treasurer, with the seal of
said trustees thereto affixed, and by their direction, shall be good
and effectual in law to pass and convey all the right of said par-
ish in and to said real estate, to the purchaser thereof, to all
intents and purposes whatsoever : Provided, however, that in Proviso,
any sale as aforesaid, the approbation of the said parish shall be
first expressed at a legal meeting duly convened for that purpose.

Sect. 3. Be it further enacted, That the number of said Number of
trustees shall not at any time be more than five, nor less than
three, a major part of whom shall constitute a quorum for trans-
acting business ; and the inhabitants of said parish may, at any
lawful meeting, duly warned and called for that purpose, remove
any of said trustees from their said office ; and whenever any
vacancy shall happen in said board of trustees, either by death,
resignation or removal, the said parish, at any parish meeting,
legally warned for that purpose, may, by ballot, fill said vacancy Vacancies, how
within one year after it shall happen ; and if the said parish neg- ^'^^'^ "P-
lect so to do within that time, then the said trustees, by a major
vote, shall have power to fill such vacancy ; and the said trus-
tees shall annually hold a meeting in the month of March or
April, and as much oftener as necessary, to transact their busi-
ness.

Sect. 4. Be it further enacted. That any gift, grant, be- Bequests, &c.
quest, or devise, hereafter made to said trustees, shall be valid valid, g '
and effectual to all intents and purposes whatsoever ; and said
trustees shall hold, use and appropriate said gifts, grants, bequests
and devises, according to the directions, intentions and limitations
of the donors, testators and devisors. And said trustees and
their successors in office, are hereby empowered to take, have,
hold, purchase and exchange, use and improve any estate, real
or personal, the annual income whereof shall not exceed the sum Fund limited,
of one thousand dollars, in trust, for the support and maintenance
of the congregational gospel minister of said parish ; and when-
ever, and as long as said parish shall be destitute of such regular

60

1822.-

-Chap. 77.

Provision for
minister.

Proviso.

Expenditure of"
income.

Proviso.

Fund unalien-
able.

Disposition of
income.

Pav of officers,

Duties of clerk.

ordained minister, one third part of the net yearly income or in-
terest of said fund or estate shall, by said trustees, be annually
added to the principal fund to increase the same ; and during the
vacancy of such setded and ordained minister, the other two
thirds of the said income may, by vote of the parish, be appro-
priated to the payment of the ministry for the lime being, and
may be placed in the hands of the parish treasurer, for that pur-
pose : and during the settlement of such ordained minister, the
whole or any part of the income or interest of said fund may be
appropriateti to the use of the ministry, and to the payment of
the salary of the minister, and may be placed in the hands of the
parish treasurer, annually, for that purpose : provided^ the parish,
at a legal meeting, shall vote the appropriation ; and if the parish
do not, during said settlement, annually appropriate the whole,
or any part of said fund, for said use of the minister, or niinislry,
then the same, or any part thus unappropriated, shall annually be
added to the principal, or capital fund.

Sect. 5. Be it further enacted, That the income of said
fund shall be expended exclusively for the supjiort of public wor-
ship, as well for the use and benefit of the members of the con-
gregational society, in Plaistow, in New Hampshire, who usually
worship with said north parish, as for said parish, in the same
manner as the income of the parsonage land has hitherto been
enjoyed, under the limitations and conditions mentioned in this
act : provided, however, that the members of said congrega-
tional society, in Plaistow, shall pay their just proportion of all
additional sums, over and above the income of said fund, which
may be necessary for the support of public worship, and other
parochial purposes. And if said congregational society in Plais-
tow shall, by any means, acquire any funds for the support of
public worship, the income of the same shall be expended, as
well for the use and benefit of said north parish, as for them-
selves.

Sect. 6. Be it further enacted, That the said fund shall
always be holden and claimed to be unalienable, and the princi-
pal thereof shall never, in any part, be expended, but always be
kept entire, and whatever is added to the principal, shall be con-
sidered as principal : provided, nevertheless, that whenever the
annual income shall exceed four hundred and fifty dollars, the
parish may appropriate the surplus to other parochial purposes
than the payment of the minister. And the said trustees, or
their officers, agents or attorneys, for the services they may per-
form, shall be entitled to no compensation out of the monies
arising from the funds aforesaid ; but if entitled to any, shall
have and receive the same of said parish, as may be annually
agreed upon.

Sect. 7. Be it further enacted, That the said trustees shall
cause to be recorded and kept in their books of records, one of
which shall be kept by their clerk, and the other by their treasu-
rer, an account of all their fiscal and parochial transactions what-
ever. The clerk, who shall always be one of the members of

1822. Chap. 77. 61

said corporation, sliall record all meetings, votes and doings of
said trustees, and certify the same \vlien required : he shall al-
ways call meetings of said trustees, when he may think necessa-
ry, or when required hy any one or more of said trustees. The
treasurer shall record and keep in his book of record a statement Duties of ireas-
of the funds and estates in his hands, wherein shall be particu- ^'^'''
larly designated the amount arising from the sale of parsonage
lands, the nature and amount of every grant or donation, the pe-
riod when made, the design thereof, and the grantors' and do-
nors' name and place of abode, at large, with such other circum-
stances as said trustees may think useful ; and he shall make Annual report
report of such statements to said parish, at their meetings in the to parish,
month of March or April, annually, where the same shall be
publicly read, or to a select committee, if said parish shall choose
one for that purpose, together with a specific estimate of what
estate they actually hold, and by what tenure, what money and
effects are due to him or said trustees, and how the same are
secured, what receipts have been obtained, and what payments
made by him or them, the preceding year.

Sect. 8. Be it further enacted, That the said trustees shall Funds to be
always loan upon interest all the money belonging to said fund, J^ept at interest,
in sums not less than fifty dollars each, and for a term not more
than three years, upon the bond or note of the borrower, with a
mortgage of real estate, of not less than double the value of said
loan, as collateral security for the repayment of the principal
sum, with interest annually, till paid : provided, Jioucver, that Proviso,
where any of the aforesaid parsonage lands shall be sold upon a
credit, and with the expectation that improvements will imme-
diately be made upon it, it shall be sufficient to have a mortgage
of the estate sold, with an approved surety with the principal.
And if any debtor to said corporation shall fail to pay the inter-
est due on said loan or note, for the space of thirty days, after
the same shall become due, it shall be the duty of said treasurer
to cause the interest due on such bond, note or inortgage, to be
put in suit, and to be prosecuted until it shall be paid.

Sect. 9. Be it further enacted. That it shall be the duty of
said trustees to use and improve such fund or estate, as shall be
vested in them by virtue of this act, with care and vigilance, so
as best to promote the design thereof; and they shall be amena- Responsibility
ble to the parish aforesaid for negligence or misconduct in the °^ trustees,
management or disposition thereof, whereby the same shall be
impaired, or suffer loss, waste or diminution. And the inhabi-
tants of said parish may have and maintain a special action of the
case against the proper persons of said trustees, or against any
one or more of them, or their goods and estate, for such negli-
gence or misconduct, and recover adequate damages therefor :
and any sum so recovered, shall be for the benefit of said fund,
and shall be paid accordingly.

Sect. 10. Be it further enacted^ That Moses Merrill, Esq.
be and he hereby is authorized to appoint the time and place of
the first meeting of said trustees, and to notify them accordingly ; First meeting.

62 - 1822. Chap. 77—79.

and said meetings, after the first, shall be called in such way and
manner as the said trustees shall direct. [jFc6. 8, 1S23.]

CyhCtp. 7o. All Act to iiicorporaip ilie fllarhleliead Free School Association.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the autliority
Persons incor- qJ ^/jg same, That the Reverend John Bartlett and his associ-
^""^^^ ■ ates, their successors and assigns, be, and they are hereby incor-

])orated and made a body politic, by the name of the Marblehead
Powers and Free School Association; with power to have a common seal,
privileges. jq g^g g^^j jjg sued, lo make and ordain from time to lime, by-

laws, rules and regulations, for the government and management
of the said corporation : provided, the same be not repugnant to
the constitution of this Commonwealth ; and that they have all
the |)rivileges usually given by acts of incorporation to charitable
societies.

Sect. 2. Be it further enacted. That the said corporation
may take by purchase, gift, grant or otherwise, and hold real es-
Rcai and per- late, uot exceeding the value of four thousand dollars, and per-
sonal estate not exceeding the value of five thousand dollars, for
the purposes and uses of the association.

Sect. 3. Be it further enacted, That any justice of the
peace in the town of Marblehead be, and is hereby authorized to
First meeting-, call the first meeting of said corporation, by posting notifications
thereof in three public places in said Marblehead, one week pre-
vious thereto, and appoint the time and place thereof; at which
meeting, the manner of calling future meetings shall be regulated,
[Feb. 8, 1S23.]

CflCip. 79. An Act to ciiange the Names of the persons therein mentioned.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the several persons herein named, shall hereafter be known
and called by the names they are hereby allowed to assume,
viz. : — That Grace Baker, single woman, may take the name of
Lucretia Baker ; that Isaac Brown, druggist, may take the name
Suffolk. of John Isaac Brown ; that Ebenezer Dorr Child, son of David

W. Child, may take the name of Edward Vernon Child ; that
Charles Fessenden may take the name of Charles Phillips Fes-
senden ; that Charles Lee, merchant, may take the name of
Charles Henry Lee ; that William Parker, son of Jonas Parker,
of Pepperell, may take the name of William Gay Parker ; that
Isaac Osgood, counsellor at law, may take the name of Isaac
Peabody Osgood ; that George Roulstone, son of John Roul-
stone, riding-master, may take the name of .John Stephen Roul-
stone ; that Lucy Parsons, daughter of the late Honorable The-
ophilus Parsons, may take the name of Lucy Greenleaf Parsons ;
that George Shepherd, trader, may take the name of George
Adams Shepherd ; that Robert Gibbs Southack may take the
name of Robert Southack Gibbs ; that Edward Williams, mer-
chant, may take the name of Edward Alexander Williams ; that
William Winchester, son of Edmund Winchester, may take the

1822. Chap. 79—80. 63

name of William Parsons Winchester; all of Boston, in the
county of Suffolk : that Benjamin Deland Cox, of Lynn, cord- Essex,
vvainer, may take the name of William Benjamin Dana ; that
Edward Stanley Dean, son of Thomas Dean, of Salem, mariner,
may take the name of Edward Dean ; that Jonathan Osborn, the
third, son of Richard Osborn, of Danvers, may lake the name of
Jonathan W. Osborn ; that Paine Sargent, of Newbury, chaise
maker, may take the name of Paine Wingate Sargent ; that
Cornelius L. Wyatt, laborer, of Wenham, may take the name
of Cornelius Larcom Preston ; that Samuel Wyatt, laborer, of
said Wenham, may lake the name of Samuel Preston ; all of the
county of Essex : that Elizabeth Hedley, of Rochester, in the Plymouth,
county of Plymouth, may take the name of Elizabeth Wing Hed-
ley ; that Harriot Dinsmore, daughter of Amos Parker, of Read- Middlesex,
ing, may take the name of Harriot Brigden Parker ; that Elijah
Bingham Wright, of Pepperell, house-wright, may take the
name of William Otis ; botli of the county of Middlesex : that
James Carter, of Lancaster, son of James Carter, of Leomin- vvoreester.
ster, may lake the name of James Gordon Carter ; that Henry
Hills, of Leominster, may take the name of George Henry
Hills ; both of the county of Worcester : that Nathan Fisher, of Norfolk.
Dover, trader, may take the name of Nathan Mason Fisher ;
that James Thayer, of Weymouth, cordwainer, may take the
name of James Eliphas Thayer ; both of the county of Norfolk :
that Rebecca Smith Rice, adopted daughter of Moses Smiih, Franklin,
physician, of Hawley, in the county of Franklin, may take the
name of Rebecca Ann Smith ; that Henry Sheldon, son of Hampden.
Charles Sheldon, late of Springfield, deceased, may take the
name of Henry W. Sheldon. And the several persons herein
named, shall hereafter be called and known by the names, which,
by this act, they are respectively allowed to assume as aforesaid ;
and the same shall be considered as their only proper and legal
names. [Feb. 8, 1823.]

An Act to iiicorporale llie Franklin Insurance Company. CflCtp. 80.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That Francis Welsh, John Bellows, James T. Aus- ^^j/"'"""-
tin, and Horace Gray, with their associates, successors and
assigns, be, and they are hereby incorporated into a company
and body politic, by the name of the Franklin Insurance Com-
pany ; with all the powers and privileges granted to insurance ^i^ilies! ^" '^'
companies, and subject to all the restrictions, duties and obliga-
tions, contained in a law of this Commonwealth, entitled " an '^•'^ *^'^- ^^^•
act to define the powers, duties and restrictions, of insurance
companies," passed on the sixteenth day of February, in the
year of our Lord one thousand eight hundred and eighteen, and in a
law of this Commonwealth, entitled " an act authorizing the several '^'^ '^'^- '*^-
insurance companies of this Commonwealth to insure against fire, "
passedon the twenty first of February, in the year of our Lord one
thousand eight hundred and twenty, for and during the term of

64

1822.

•Chap. 80.

Limitation of
charter.

Real and per-
sonal estate.

Capital Stock.

Stock to be hol-
den one year
by original sub-
scribers.

Number of Di-
reetors.

Election of offi-
cer*.

Votes.

twenty years after the passing of this act ; and by that name may
sue and be sued, plead and be impleaded, appear, prosecute and
defend to final judgment and execution ; and may have a common
seal, which they may alter at pleasure ; and may purchase, hold
and convey any estate, real or personal, for the use of said com-
pany : provided, the said real estate shall not exceed the value
of fifty thousand dollars, excepting such as maybe taken for
debt, or held for collateral security for money due to said com-
])any.

Sect. 2. Be it further enacted, That the capital stock of
said company, shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, one hundred
and fifty thousand dollars of which shall be paid, in money, with-
in ninety days after the first meeiing of the said compatiy, and
the residue within one year fiom the passing of this act, in such
instalments, and under such penaliies, as the President and Di-
rectors shall, in their discretion, direct and appoint. And the
said capital stock shall not be sold or transferred, but shall be
holden by the original subscribers thereto, for and during the
term of one year after the said company sl);ill go into operation ;
and if the provisions of this act shall not be complied with in one
year from the first meeting, then the same shall be void.

Sect. 3. Be it further enacted, That the stock, property,
affairs and concerns of the said company, shall be managed and
conducted by nine directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until others
are chosen, and no longer, and who shall, at the time of their
election, be stockholders in said company, and citizens of this
Commonwealth, and shall be elected on the second Monday of
March, in each and every year, at such time of the day, and in
such place in Boston, as a majority of the directors, for the time
being, shall appoint ; of which election public notice shall be
given in two of the newspapers printed in Boston, and continued
for the space of ten days immediately preceding such election ;
and the election shall be made, by ballot, by a majority of the
stockholders present, allowing one vote to each share in the
capital stock : provided, that no stockholder shall be allowed
more than thirty votes ; and absent stockholders may vote by
proxy, under such regulations as the said company shall pre-
scribe. And if, through any unavoidable accident, the said
directors shall not be chosen on the second INIonday of March,
as aforesaid, it shall be lawful to choose them on any other day,
in the manner herein provided. And it shall be the duty of the
secretary of said company, at any time, upon application, in
writing, of the proprietors of twenty per centum of the capital
stock, to call a tneeting of the stockholders, to be holden at
such time and place in said Boston, as they shall direct, for the
purposes mentioned in such application, by giving like notice
thereof, as is herein required for the election of directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be after every election, and

1822. Chap. 80. 65

shall choose out of their body, one person to be president, who
shall be sworn, or affirmed, to the faithful discharge of the du-
ties of his office, and who shall preside for one year. And in Choice of Prcsi-
case of tiie death, resignation, or inability to serve, of the '^*^"'-
president, or any directors, such vacancy or vacancies shall be
filled for the remainder of the year in which they happen, by a
special election for that purpose, to be held in the same manner
as herein before directed, respecting annual elections of direc-
tors.

Sect. 5. Be it further enacted. That the president and four
of the directors, or five of them in his absence, siiall be a board t^oard of direc-
competent to the transaction of business ; and all questions before
them sliall be decided by a majority of votes ; and they shall
have power to make and prescribe such by-laws, rules and regu- Rules and ref-
lations, as to them shall appear needful and proper, touching the "'^"°"*-
management and disposition of the stock, property, estate and
effects of said company, and the transfer of the sliares, and
touching the duties and conduct of the several officers, clerks,
and servants employed, and the election of the directors, and all
such matters as appertain to the business of insuiance ; and shall
also have power to appoint a secretary, and so many clerks and Clerks, their
servants for carrying on the said business, and with such salaries
and allowances to them and to tlie president, as to the said
board shall seem meet : provided, such by-laws and regulations
shall not be repugnant to the constitution and laws of this Com-
monwealth.

Sect. 6. Be it further enacted, That any two or more of
the persons named in this act, are hereby authorized to call a
meeting of said company, by advertising the same, for two sue- First meeting,
cessive weeks, in the Columbian Centinel, Boston Patriot, and
Daily Advertiser, printed in Boston, for the purpose of electing
their first board of directors, who shall continue in office till the
second Monday of March, in the year of our Lord one thousand
eight hundred and twenty-four, and until others shall be chosen
in their stead: provided, however, that this charter shall be void,
and of no efl^ect, unless put into operation agreeably to the terms Conditions of
of it, within one year from and after the passing of this act : arid ^^^'"'«'■•
provided, also, that the said company shall not take any risk, or Proviso,
subscribe any policy, by virtue of this act, until one hundred and
fifty thousand dollars of the capital stock of said company shall
have actually been paid in.

Sect. 7. Be it further enacted, That said company shall
never take, on any one risk against fire, or other risk, or loan,
on respondentia or bottomry, on any one bottom, at any one
time, including the sum insured in any other way on the same
bottom, a sum exceeding ten per centum on the capital stock of i^imitaiion of
said company, actually paid in, agreeably to the provisions of "^'^ *'
this act.

Sect. 8. Be it further enacted. That the said Insurance Location.
Compa^iy shall be located and kept in the city of Boston.

VOL. VI. 9

ee

1822.-

■Chap. 80—84.

Sect. 9. Be it further enacted^ That the said Franklin In-

May be taxed, surance Company shall be liable to be taxed by any general law

providing for the taxation of all similar corporations. [Feb. 10,

1823.]

Chap. 83.

1802 ch. 126.
(v. 3. p. 185.)

Renewal of
charter.

1817 ch. 120.

Proviso.

May be taxed.

Chap. 84.

Tax on pews.

Valuation of
pews.

Assessment of
taxes.

Proviso.

All Act to continue in force the "Act incorporating the Marbiehead Insurance Com-
pany."

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the act, entitled " an act to incorporate Robert Hooper,
and others, by the name of the Marblehead Insurance Compa-
ny," passed on the eighth day of March, in the year of our Lord
one thousand eight hundred and three, shall be and remain in full
force for the term of twenty years, from the eighth day of March
in the year of our Lord one thousand eight hundred and twenty-
three ; with all the powers and privileges granted by said act,
and also with all the powers and privileges granted by an act, en-
titled, "an act to define the powers, duties and restrictions of
insurance companies," passed the sixteenth day of February, in
the year of our Lord one thousand eight himdred and eighteen :
provided, however, that the said corporation shall be subject to
all the duties, restrictions and requirements, prescribed and con-
tained in the said act, entitled "an act to ilefine the powers, du-
ties and restrictions of insurance companies ;" and that said
Marblehead Insurance Company shall be liable to be taxed by
any general law providing for the taxation of all similar corpora-
tions. \_Feb. 10, 1823. J

An Act authorizing tiie taxing of Pews in the Congregational Meeting-house, la
Dover.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the Congregational Society in the district of Do-
ver, in the county of Norfolk, be, and hereby are empowered to
raise any sum or sums of money, which the members of said so-
ciety may hereafter, at any legal meeting called for the purpose,
vote to raise for the support of public worship in said society,
by a tax on the pews in their meeting-house in said Dover.

Sect. 2. Be it further enacted. That, for the equitable
apportionment of the taxes to be assessed on said pews, the
members of said society shall cause a valuation thereof to be
made by a committee to be chosen by them for that purpose ;
and the report of such committee, stating the respective numbers
and value of said pews, shall, when accepted and recorded, be
binding on all persons interested, for the purpose of taxation as
aforesaid.

Sect. 3, Be it further enacted, That the sums voted to be
raised on said pews shall, within ten days after such vole, be ap-
portioned and assessed thereon by the assessors of said society
for the time being, if such assessors there be, otherwise by the
assessors of said district of Dover, according to such valuation :
provided, hoicever, that said society may, by vote, except from
taxation such pews as they may think fit, not exceeding three in

1822. Chap. 84. 67

number, and instruct said assessors accordingly, who shall omit
such pews in the assessment.

Sect. 4. Be it further enacted^ That said assessors shall,
as soon as may be, make out a fair and correct list of the taxes
assessed on each of said pews, according to this act, and deliver List of taxes to
the same to the treasurer of said society, if any such there be, treasur'Jr!'^'^ '**
otherwise to the treasurer of said district of Dover. And it shall
be the duty of said treasurer to give notice of such taxation and
assessment to all concerned, by posting a copy of said list at the
meeting-house door, at least thirty days before the expiration of
the time limited, by vote of said society, for the payment thereof,
and calling on all persons interested therein, to pay to him the
several sums so assessed, according to the vote aforesaid.

Sect. -5. Be it further enacted, That in case any person,
having a right to any pew, taxed as aforesaid, as tenant thereof,
for a term of time not exceeding one year, and standing on rec-
ord as such tenant, and notified in manner aforesaid, shall neglect
or refuse to pay said tax, according to the vote of said society, it
shall be the duty of said treasui'er, (who shall also be collector,)
and he is hereby authorized and empowered to enforce payment Payment of tax-
thereof, by any of the legal means by which payment of ordinary ^^ ^" "'*^^ '
town or parish taxes may be enforced.

Sect. 6. Be it further enacted, That if any person or per-
sons at present entitled, or who shall hereafter become lawfully
entitled to any of said pews, either as owner in fee, or as tenant
for a term of time exceeding one year, shall neglect or refuse to
pay any tax assessed as aforesaid, after notice thereof, as herein
above provided, in the manner, and within the time prescribed
by vote of said society, it shall be the duty of said treasurer, and
he is hereby authorized and empowered to sell the pews thus
owned or lield in tenancy, and all the right and title of such own-
er or tenant, upon which such tax, or any part thereof, shall
remain unpaid, at public auction, to the highest bidder ; and his Pews of ddin-
deed to the purchaser, recorded in the records of the society, or sold" at auction,
of said district of Dover, shall give to the purchaser all the right,
title and interest in such pew, which said former owner or tenant
had in and to the same : provided, however, that the treasurer Proviso,
aforesaid shall, after the expiration of the time limited by vote of
the society for the payment of such tax, give at least twenty days
notice of the time and place of the vendue, by posting one adver-
tisement at said meeting-house, and one at some other public
place in said district, stating the number of the pew to be sold,
and the tax due upon it ; and the remedy provided in this section
shall be the only mode of collecting said taxes, in all cases
where the owner or tenant has, or shall have a right, as owner or
tenant, to any pew so taxed, for a term of time exceeding one
year.

Sect. 7. Be it further enacted, That in case the treasurer
shall deem an adjournment of his sales necessary, he may adjourn Adjournment of
from time to time, not exceeding seven days at one time, until *^'*^^-
they be completed ; and in all cases he shall pay over to the for-

68

1822.

Chap. 84—88.

Chap. 85.

City Council
may lay taxes.

Chap. 88.

Persons inror-
poraled.

Powers and
liabilities.

1817 cli. 1:0.

1819 ch. Ml.

Liniiialion of
charier.

Real and per-
sonal estate.

Capital stock.

mer owner or tenant the balance of monies in his hands, arising
from such sale, after deducting the taxes due, and iiis own rea-
sonable cliarges for advertising and selling the same. \^Feb. 10,

1823.]

An Act providing for the assessment of taxes in llic coinily of Snifolk.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the City Council of ilie city of Boston shall l)ave power,
from time to time, to lay and assess taxes in the county of
Suflblk, for all purposes for which county taxes may be levied
and assessed, so long as the toun of Chelsea shall continue not
to be liable to taxation for any county purposes. \^Feb. 10,
1823.]

An Act to incorporate the Mcrcliants' Insurance Company, in Salem.

Sect. 1. BE it enacted by the Senate and Bouse of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Peter Lander, John Fol•re^ter, Nathaniel West,
VVillard Peele, Pickering Dodge, Stephen Phillips, and Edward
Lander, wiih their associates, successors and assigns, be, and
they are hereby incorporated into a company and body politic,
by the name of the Merchants' Insurance Company, in Saletn ;
with all the powers and privileges granted lo insurance compa-
nies, and subject to all the restrictions, duties and obligations,
contained in a law of this Commonwealth, entitled " an act to
define the powers, duties and restrictions of insurance compa-
nies," passed on the sixteenth day of February, in the year of
our Lord one thousand eight hundred and eighteen, and in a law
of this Commonwealih, entitled "an act authorizing the several
insurance companies ol this Commcnwealih, to insure against fire,"
passed on the twenty-first day of February, in the year of our
Lord one thousand eight hundred and twenty, for and during the
term of twenty years after the passing of this act ; and by that
name may sue and be sued, plead and be impleaded, appear,
prosecute and defend to final judgment and execution ; and may
have a conimon seal, which they may alter at plcasuie ; and may
purchase, hold and convey any estate, real or personal, for the use
of said company : pt'ovided, the said real esiaie shall not exceed
the value of fifteen thousand dollars, excepting such as may be
taken for debt, or held for collateral security for money due to
said company.

Sect. 2. Be it further enacted, That the capital stock of
said company, exclusive of premium notes, and profits arising
from business, shall be one hundred and fifty thousand dollars, and
shall be divided into shares of one hundred dollars each, filty per
centum of which shall be paid, in money, within ninety days after
the first meeting of the said company, and the residue, in money,
in one year, in such instalments, and under such penalties, as the
president and directors shall in their discretion direct and appoint.
And the said capital stock shall not be sold or transferred, but
shall be holden by the original subscribers thereto, for and during

1822. Chap. 88. 69

the lerni of one year after the said company sliall go into ope-
ration.

Sect. 3. Be it further enacted, Tliat tlie stock, property, Numher of di-
afiairs and concerns of tlie said company, shall he managed and '■*''"'°'"^-
conducted by nine directors, one of wiiom shall be president
thereof, who shall hold their offices for one year, and until others
are chosen, and no longer, and who shall, at the lime of their
election, be stockholders in said company, and citizens of this
Commonwealth, and shall be elected on the second Monday of Eieeiion of di-
April in each and every year, and at such time of the day, and rectors,
in such place in Salem, as a majority of the directors, lor tlie
time being, shall appoint ; of which election, public notice shall
be given by publication in some newspaper, printed in Salem,
ten days at least previous to such meeting ; and the election shall
be made by ballot, by a majority of the votes of the stockholders
present, allowing one vote to each share in the capital slock :
provided, that no stockholder shall be allowed more than ten Votes,
votes ; and absent stockholders may vote by proxy, under such
regulations as the said company sliall prescribe. And if, through
any unavoidable accident, the said directors shall not be chosen
on the second Monday of April, as aforesaid, it shall be lawful to
choose them on any other day, in the manner herein provided.
And it shall be the duty of the secietary of said company, at any
time, upon application, in writing, of the proprietors of twenty
per centum of the capital stock, to call a meeting of the stock-
holders, to be holden at such time and place in said town of
Salem, as they shall direct, for the purposes mentioned in such
application, by giving like notice thereof, as is herein required
for the election of directors.

Sect. 4. Be it Jurther enacted, That the directors, when Choice of pres-
chosen, shall meet as soon as may be after every election, and "'^"''
shall choose out of their body, one person to be president, w ho
shall be sworn, or affirmed, to the laithful discharge of the duties
of his office, and who shall preside for one year. And in case
of the death, resignation, or inability to serve, of the pi'esident
or any directors, such vacancy or vacancies shall be filled for
the remainder of the year in which they happen, by a special
election for that purpose, to be held in the same manner as here-
in before directed, respecting annual elections of directors.

Sect. 5. Be it further enacted, That the president and four Board of direc-
of the directors, or five of them in his absence, shall be a board tors.
competent to the transaction of business ; and all questions before
them shall be decided by a majoiity of voles ; and they shall
have power to make and prescribe such by-laws, rules and regu- By-laws, rules
lations, as to them shall appear needful and proper, touching the ^"^ regulations.
management and disposition of the stock, property, estate and
effects of said company, and the transfer of the shares, and touch-
ing the duties and conduct of the several officers, clerks and ser-
vants employed, and the election of the directors, and all such
matters as appertain to the business of insurance ; and shall also
have power to appoint a secretary, and so many clerks and ser-

70

1822..

■Chap. 88—89.

Clerks, their
salaries.

First meelins

Conditions of
this charier.

Limitation of
risks.

Location.
May be taxed.

Cliap. 89.

Persons incor-
porated.

Powers and lia-
bilities.

1817 ch. 120.

1819 ch. Ul.

Limitation of
charter.

vanls for carrying on the said business, and with such salaries and
allowances to tlieni and to the president, as to the said board shall
seem meet ; provided^ such by-laws and regulations shall not be
repugnant to the constitution and laws of this Commonwealth.

Sect. G. Be it further enacted^ That any two or more of the
persons nau)ed in this act, are hereby authorized to call a meet-
ing of said company, by advertising the same, in some newspaper,
printed in Salem, in two successive j)apers, for the purpose of
electing their first board of directors, who shall remain in office
till the second Monday of April, in the year of our Lord one
thousand eight hundred and twenty-four, and until others shall be
elected in their stead : provided^ however^ that this charter shall
be void and of no effect, unless put into operation agreeably to
the terms of it, within one year from and after the passing of this
act : and, provided, also, that the said company shall not take
any risk, or subscribe any policy, by virtue of this act, until one
moietv of the capital stock of said company shall have actually
been paid in.

Sect. 7. Be it further enacted, That the said company shall
never take on any one risk or loan on respondentia or bottomry,
on any one bottom at one time, including the sum insured, in any
other way, on the same bottom, a sum exceeding ten per centum
of the capital stock of said company, actually paid in, agreeably
to the provisions of this act.

Sect. 8. Be it further enacted. That the said insurance
company shall be located and kept in the town of Salem.

Sect. 9. Be it further enacted. That the said merchants'
insurance company shall be liable to be taxed by any general law
providing for the taxation of all similar corporations. [Feb. 10,
1823.]

An Act to incorporate the Commercial Insurance Comjiany.

Sect. 1. BE it enacted by the Senate and Home of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That John Bryant, Ebenezer Francis, Phineas Upham,
Edmund Dwight, William Appleton, William Lawrence, Amos
Lawrence, Ebenezer Breed, George Bond, Thomas Motley, Dan-
iel P. Parker, with their associates, successors and assigns, be, and
they hereby are incorporated into a company and body politic,
by the name of the Commercial Insurance Company ; with all
the powers and privileges granted to insurance companies, and
subject to all the restrictions, duties and obligations, contained in
a law of this Conimonwealih, entitled " an act to define the pow-
ers, duties and restrictions of insurance companies," passed on
the sixteenth day of February, in the year of our Lord one thou-
sand eight hundred and eighteen, and in a law of this Common-
wealth, entitled "an act authorizing the several insm-ance com-
panies in this Commonwealth to insure against fire," passed on
the twenty-first day of February, in the year of our Lord one
thousand eight hundred and twenty, for and during the term of
twenty years after the passing of this act ; and by that name may
sue and be sued, plead and be impleaded, appear, prosecute and

1822. Chap. 89. 71

defend to final judgment and execution ; and may have a com-
mon seal, which ihey may alter at pleasure ; and may purchase, Real and per-
hold and convey any estate, real and personal, for the use of said *°"^' ^^'*'*''
company : provided^ the said real estate shall not exceed the value
of twenty thousand dollars, excepting such as may be taken for
debt, or held as collateral security for monies due to said com-
pany.

Sect. 2. Be H further enacted^ That the capital stock of Capital stock,
said comj)any shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per
centum of which shall be paid, in money, within ninety days af-
ter the first meeting of the said company, and the residue, in
money, to be paid, twenty-five per centum thereof in six months,
and twenty-five per centum in one year, after said first meeting ;
and the said capital stock shall not be sold or transferred, but
shall be holden by the original subscribers thereto, for and during
the term of one year, after the company shall go into operation :
provided, honever, thai the said conipany shall not take any risk, Condition of
or subscribe any policy, by virtue of this act, until one moiety of 'akmgnsks.
the capital stock of said company shall have actually been |)aid in.

Sect. 3. Be it further enacted, That tiie stock, property,
affairs and concerns of said company, shall be managed and con-
ducted by nine directors, one of whom shall be president thereof. Directors,
who shall hold their offices for one year, and until others are
chosen, and no longer, and who shall, at the time of their elec-
tion, be stockholders in said company, and citizens of this Com-
monwealth, and shall be elected on the second Monday of Election of dl-
March, in each and every year, at such time of the day, and at ''*"^'°''^-
such place in the city of Boston, as a majority of the directors,
for the time being, shall appoint ; of which election, public no-
tice shall be given in two or three newspapers, printed in the
city of Boston, and continued for the space of ten days, imme-
diately preceding such election ; and the election shall be made
by ballot, by a majority of the votes of the stockholders present,
allowing one vote for each share in the capital stock : provided. Votes,
that no stockholder shall be allowed more than ten votes ; and
absent stockholders may vote by proxy, under such regulations
as the said company shall prescribe. And if, through any una-
voidable accident, the said directors shall not be chosen on the
second Monday in March, as aforesaid, it shall be lawful to
choose them on any other day, in the manner herein prescribed.
And it shall be the duty of the secretary of said company, at
any time, upon application in writing of the proprietors of twenty
per centum of the capital stock, to call a meeting of the stock- Secretary lo
holders, to be holden at such time and place in the city of Bos- [^^J ^oXho^d-^^
ton, as he shall direct, for the purposes mentioned in such ap- ers.
plication, by giving like notice thereof, as is herein required for
the election of directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet so soon as may be, after every election, and Choice of presi-
shall choose, out of their body, one person to be president, who ^^°^'

72

1822.-

-Chap. 89—91.

By-laws, rules
and regulations.

Appointment of
secretary, itc.

shall be sworn faithfully to discharge the duties of his office, and
who shall preside for one year. And in case of the death, re-
signation, or inability to serve, of the president or any directors,
such vacancy or vacancies shall be filled for the remainder of the
year in which they happen, by a special election for that purjjose,
to be held in the same manner as herein before directed, respect-
ing annual elections of directors.

Sect. 5. Be it further enacted. That the President and
four of the directors, or five directors in the absence of the pres-
ident, shall be a board competent for the transaction of business,
and all questions before them shall be decided l)y a majority of
votes ; and they shall have power to make and prescribe such
by-laws, rules and regulations as to them shall appear needful and
proper, touching the management and disposition of the stock,
properly, estate and effects of said com|)any, and the transfer of
the shares ; and touching the duties and conduct of the officers,
clerks and servants employed, and the election of directors, and
all such matters as a|)pertain to the business of insurance ; and
also shall have power to a[)point a secretary, and so many clerks
and servants, for carrying on the said business, and with such
salaries and allowances to them and the president, as to the said
board shall seem meet : provided, such by-laws and regulations
shall not be repugnant to the constitution and laws of this Com-
monwealth.

Sect. 6. Be it further enacted. That any two or more of
the persons named in this act, are hereby authorized to call a
meeting of the said company, by advertising the same, for two
successive weeks, in two of the newspapers [irinted in Boston,
for the purpose of electing the first board of directors, who shall
continue in office until the second Monday of March, in the
year of our Lord one thousand eight hundred and twenty-four,
and until others are chosen : provided, however, that this charter
shall be void and of no effect, unless put into operation, agreeably
to the terms of it, within one year from and after the passing of
this act.

Sect. 7. Be it further enacted, That the said company shall
never take on any one risk, or loan on respondentia or bottomry,
on any one bottom at one time, including the sum insured, in
any other way, on the same bottom, a sum exceeding ten per
centum of the capital stock of said company, actually paid in,
agreeable to the provisions of this act.

Sect. 8. Be it further enacted. That the said insurance
company shall be located and kept in the city of Boston.

Sect. 9. Be it further enacted. That the said Commercial

May be taxed. Insurance Company shall be liable to be taxed by any general

law providing for the taxation of all similar corporations. [Feb.

10, 1823.]

\yhCip. y 1 . An Act io continue in force the Act incorporating the Union In<;urance Company.

^^ '^ cjjoc/ef? hij the Senate and House of Ixepresentatives,

(v. 3. p. 323.) in General Court assembled, and by the authority of the same.

That the act, entitled ''an act to incorporate Nathaniel Fellows

First meeting'.

Limitation of
risks.

Location.

1822. Chap. 9j— 94. 73

and others, into a company by the name of the Union Insurance
Company," passed on the tvventy-ciglith day of February, in
the year of our Lord one thousand eight hundred and four, shall
be and remain in force for the term of twenty years, from and Renewal of
after the fifth day of March, one thousand eight hundred and ^ '^''"''"
twenty-three, with all the powers and privileges granted by the
said act, and also with all the powers and privileges granted by
"an act, entitled an act to define the powers, duties, and restric- I8i7ch. 120,
tions of insurance companies," passed the sixteenth day of Feb-
ruary, in the year one thousand eight hundred and eighteen :
provided, hoioever, that the said corporation shall be subject to Proviso.
all the duties and requirements prescribed and contained in the
said act, entitled "an act to define the powers, duties and re-
strictions of insurance companies ;" and that the said Union In-
surance Company shall be liable to be taxed by any general law May be taxed,
providing for the taxation of all similar corporations. [Feb. 10,
1823.]

An Act to incorporate the New England Domestic Insurance Company. f^hnrt Q4

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Lewis Tappan, Samuel Hubbard, and Ebenezer Persons Incor
Francis, with their associates, successors and assigns, be, and po^ated.
they are hereby incorporated into a company and body politic,
by the name of the New England Domestic Insurance Compa-
ny ; with power to insure manufactories and other buildings and
property against fire, and to be governed and controlled by the
provisions contained in a law of this Commonwealth, entitled
" an act to define the powers, duties, and restrictions of insur- Powers and lia-
ance companies," passed the sixteenth day of February, in the '"''"*^*-
year of our Lord one thousand eight hundred and eighteen, so I8i7ch. 120.
far as the same may apply to a corporation established for the
sole purpose of insuring against the risk of fire, and with author-
ity to make insurances against fire, on buildings, machinery and
stock employed in manufacturing, and on dwelling-houses, and
all other buildings and property liable to be burned or injured by
fire, for and during the term of twenty years after the passing of
this act ; and by that name may sue and be sued, plead and be Limitation of
impleaded, appear, prosecute, and defend to final judgment and '^'^'■^*^'"-
execution ; and may have a common seal, which they may alter
at pleasure ; and may purchase, hold and convey any estate, real •^eai and per-
or personal, for the use of said company : provided, their real
estate shall not exceed the value of fifty thousand dollars, except-
ing such as may be taken for debt, or held as collateral security
for monies due to said company.

Sect. 2. Be it further enacted. That the capital stock of Capital stock.
said company shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per shares.
centum of which shall be paid in money, within ninety days after
the first meeting of said corporation, and the residue, in money,
within one year, twenty-five per centum thereof in six months,

VOL. VI. 10

74 1822. Chap. 94.

and twenty-five per centum in one year from and after said first
Proviso. meeting : provided, however, that said corporation shall not make

any insurance until fifty per centum of their capital stock shall
have heen actually paid, in money, hy the several stockholders ;
and the said capital stock shall not be sold or transferred, but
shall be holden by the original subscribers thereto, for and during
the term of one year after the said company shall go into opera-
tion.

Sect. 3. Be it further enacted, That the property, afFairs
and concerns of said company shall be managed and conducted
Number of <ii- by sevcu directors, one of whom shall be president thereof, who
rectors. gj-j^jj j^q|j jjjgjj, Q^i^^gg (q^ q^c year, and until others are chosen,

and who shall be stockholders in said company, and citizens of
this Commonwealth, at the time of their election, which shall be
on the second Monday of March, in every year, at such time of
the day, and place, in Boston, as a majority of the directors, for
the time being, shall appoint ; notice of which election shall be
given in two newspapers printed in Bostoti, at least ten days
previous to the election, which shall be made by written ballots,
and by a majority of the votes of the stockholders present, al-
lowing one vote to each share in the capital slock : provided,
Votes. that no stockholder shall be allowed more than thirty votes, and

absent stockholders may vote by proxy. And if, from any
cause, the directors shall not be chosen on the second Monday
of March, as aforesaid, it shall be lawful to choose them on any
other day, in the manner herein provided.

Sect. 4. Be it further enacted, That the said directors shall
meet as soon as may be, after every election, and choose from
Choice of pros- their own board, one person to be president, who shall be sworn
"^*^"'" to the faithful discharge of the duties of his office ; and every

vacancy in the office of president or directors, that may occur
in the interim of the annual meetings, may be filled by a special
election, in the manner herein prescribed for the annual elections.
Sect. 5. Be it further enacted, That the president and
three directors, or four directors, in the absence of the presi-
Board of direc- dent, shall be a board competent to transact the business of the
^°^^' company ; and all questions before them, shall be decided by a

majority of the board ; and they shall have power to make such
By-laws. rules and by-laws, as they may deem proper, for the manage-

ment of the aftairs, and security of the property of said compa-
ny, and have power to appoint a secretary, and such other offi-
Clerks, and cers as they think expedient, and make such compensation as
their salaries, ^j^^^ ^^^^^ deem adequate to the services performed: provided,
that such rules and by-laws be not repugnant to the constitution
and laws of this Commonwealth.

Sect. 6. Be it further enacted. That any two of the per-
First meeting, gons named in this act, are hereby authorized to call the first
meeting of said company, for the purpose of organizing and put-
ting the same into operation, by giving notice in two newspapei-s
printed in Boston, three days previous to the time of holding
such first meeting.

1822. Chap. 94—95. 75

Sect. 7. Be it further enacted, That the said company shall
never take on any one risk, a sum exceeding ten per centum on Limiiailon of
the capital stock of said company, actually paid in, agreeably to ■''*''=*.
the provisions of this act.

Sect. 8. Be it further enacted, That this charter shall be
void, and of no effect, unless put into operation, agreeably to the Condiiions of
terms of it, within one year from and after the passing of diis act. '''af'^'"-

Sect. 9. Be it further enacted, That the said insurance
company shall be located and kept in the city of Boston. Location.

Sect. 10. Be it further enacted. That the said company
shall be liable to be taxed by any general law providing for the May be taxed.
taxation of all similar corporations. [Feb. 11, 1823.]

An Act to incorporate the General Interest Assurance Company. ChctTJ. 95.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Joseph Otis, William Brown, Samuel Sanford, Persons incor-
Samuel Fales, and William D. Sohier, with their associates, po^^'^d.
successors and assigns, be, and they hereby are incorporated into
a body politic, by the name of the General Interest Assurance
Company, for and during the term of twenty years, from and af-
ter the passing of this act ; with all the powers and privileges Powers and
granted to insurance companies, and subject to all the restric- ''^'^'''^'^^•
tions, duties and obligations contained in a law of this Common-
wealth, eniided "an act to define the powers, duties and restric- 1817 ch. 120.
tions of insurance companies," passed on the sixteenth day of
February, in the year of our Lord one thousand eight hundred
and eighteen, and in a law of this Commonwealth, entitled " an I8i9ch. 141.
act authorizing the several insurance companies in this Cotnmon-
wealth to insure against fire," passed on the twenty-first day of
February, in the year of our Lord one thousand eight hundred
and twenty ; and by that name, may sue and be sued, plead and
be impleaded, appear, prosecute and defend to final judgment
and execution ; and have a common seal, which they may alter
at pleasure ; and may purchase, hold and convey any estate, real Real and per-
or personal, for the use of said company: provided, they shall
not hold real estate exceeding the value of fifty thousand dollars, ''"^'^°-
excepting such as may be taken for debt, or held as collateral
security for monies due to said company.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said company, exclusive of premium notes, and profits arising
from business, shall be three hundred thousand dollars, and shall Shares.
be divided into shares of one hundred dollars each, fifty per
centum of which shall be paid, in money, within ninety days af-
ter the first meeting of said company, and the residue, in money,
to be paid, twenty-five per centum thereof in six months, and
twenty-five per centum in one year from and after said first meet-
ing, under such penalties as three-fourths of the directors may
determine : and the said capital stock shall not be sold or trans-
ferred, but shall be holden by the original subscribers thereto,
for and during the term of one year after said company shall go
into operation as aforesaid.

76 1822. Chap. 95.

Sect. 3. Be it further enacted, That the properly, affairs

and concerns of said company shall be nnanaged and conducted

Number of di- by ujne directors, one of whom shall be president thereof, wlio

shall hold their offices for one year, and until others are chosen,

and who shall be stockholders in said company, and citizens of

this Commonwealth, at the time of their election ; which shall be

Election of di- on the sccoud Monday of March, in every year, at such time of

rectors. ^j^^ ^^^^^ ^^^^ place, in Boston, as a majoriiy of ihe directors, for

the time being, shall appoint ; notice of which election shall be

given in two newspapers printed in Boston, at least ten days

previous to the election ; which shall be made by written ballots,

and by a majority of the votes of the stockholders present, al-

Votes. lowing one vote to each share in the capital stock : provided,

that no stockholder shall be allowed more than thirty votes ; and

absent stockholders may vote by proxy. And if from any cause,

the directors shall not be chosen on the second Monday in March

aforesaid, it shall be lawful to choose them on any other day, in

Secretary may the manner herein provided. And it shall be the duty of the

T" WioWerf * '*' secretary of said company, upon application in writing, made by

the proprietors of twenty per centum of the capital slock, to call

a meeting of the stockholders, by giving like notice thereof as is

herein prescribed for the election of directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be, after every election, and
Choice of presi- shall clioose out of their body one person to be president, who
^°'' shall be sworn faithfully to discharge the duties of his office, and

who shall preside for one year ; and in case of death, resignation,
or inability to serve, of the president, or any director, such va-
cancy or vacancies may be filled, for the remainder of the year,
by the surviving and continuing directors.

Sect. 5. Be it further enacted, That the president, and

two of the directors, or three directors, in the absence of the

Board of direc- president, shall be a board competent to the transaction of the

*°"- business of the company ; and all questions before them shall be

decided by a majority of the board ; and they shall have power

By-laws. to make such rules and by-laws as they may deem proper, for

the management of the affairs, and security of the property of

said company ; and have power to appoint a secretary, and such

Clerks, and Other officers as they may think expedient, and make such com-

their salaries.) pensation as they may deem adequate to the services performed:

provided, that such rules and by-laws be not repugnant to the

constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted, That any two of the per-
First meeting, sons named in this act, are hereby authorized to call a first meet-
ing of this company, for the purpose of organizing and putting
the same into operation, by giving notice in two newspapers
printed in Boston, three days previous to the time of holding
such first meeting : provided, however, that this charter shall be
Conditions of void, and of no effect, unless put into operation, agreeably to the
charter. tcrms of it, within one year from and after the passing of this

Proviso. act: provided, also, that the said company shall not take any

1822. Chap. 95—97. 77

risk, or subscribe any policy, by virtue of this act, until one
moiety of the capital slock of said company shall have actually
been paid in.

Sect. 7. lie it further enacted^ That tlic said insurance
company shall be located and kept in the city of Boston. Location.

Sect. 8. Be it further enacted^ That the said company
shall "never take, on any one risk, or loan on respondentia or
bottomry, on any one bottom, at any one time, including the
sum insured in any other way, on the same bottom, a sum ex- Limitation of
ceeding ten per centum on the capital stock of said company "'
actually paid in, agreeably to the provisions of this act.

Sect. 9. Be it further enacted^ That the said General In-
terest Assurance Company shall be liable to be taxed by any Riay be taxed,
general law providing for the taxation of all similar corporations.
IFeh. 11, 1823.]

An Act to continue in force the Acts incorporating' the New England Marine Insur- f^hn'ri Q(K
ance Compajy. K^fUlff. VG.

BE it enacted by the Senate and House of Representatives , iso2ch. lOG.
in General Court assembled, and by the authority of the same. (^-S- p-isi.)

. • •/i/ 'I Pn3 fn 115

That the act, entitled "an act to incorporate William Phillips, (v. 3. p. 378.)
Junior, and others, by the name of the New England Marine
Insurance Company," passed on the fifth day of Slarch, in the
year of our Lord one thousand eight hundred and three, and the
act in addition thereto, passed on the sixth day of March, one
thousand eight hundred and four, shall be, and remain in force Renewal of
for the term of twenty years, from and after the fifth day of '^^'^''^^r.
March, one thousand eight hundred and twenty-three, with all
the powers and privileges granted by "an act, entitled an act to isiTch. I'iO.
define the j)owers, duties and restrictions of insurance compa-
nies," passed the sixteenth day of February, in the year of our
Lord one thousand eight hundred and eighteen : provided^ hoic-
ever, that said corporation shall be subject to all the duties and
requirements prescribed and contained in the said act, entitled
"an act to define the powers, duties and restrictions of insurance
companies ;" and that the said Nev/ England Insurance Compa-
ny shall be liable to be taxed by any general law providing for ^^^y ^<^ taxed,
the taxation of all similar corporations. \_Feb. 11,1823.] Add.
act, 1824 ch. 111.

An Act relative to tiie Fishery in the town of West Cambridge. dlCip, 97.

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
That an act, passed the twenty-second day of February, in the
year of our Lord one thousand eight hundred and twelve, enti-
tled "an act to regulate the fishery in the town of West Cam- isii ch. 129.
bridge, and to empower said town to dispose of the privilege of
taking the fish called shad and alewives, within the limits there-
of," be, and the same is hereby repealed. [Feb. 11, 1823.] Act repealed.

78

1822.-

-Chap. 98—99.

Persons iiicor-
poruted.j

C^hnt) ^n ■'^" ^^^^ '° incorporate the Second Society of Univcrsalists,in tlie town of Cambridge.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Calvin Brooks, William Bogle, George C Car-
ter, Frederick Cambridge, John Coles, Asa Davis, David Da-
ley, Thomas Ditson, Tiiomas Dowley, James Frost, Charles
Gordon, Jesse Hall, Watson Hastings, Nathaniel Ireland, Jo-
siah Johnson, Isaac Lyon, Joshua Lovell, William F. Marshall,
James Niven, Levi Orcutt, Lyman Peck, Joseph Pulcifer,
Clark Reed, Ezra Stone, Simeon Southwick, Joshua Thorp,
Samuel Whittemore, Edward Wheeler, and Edward Walker, to-
gether with such others as already have, or may hereafter associate
with them, and their successors, be, and they are hereby incor-
porated as a religious society, by the name of the Second Soci-
ety of Universalists in the town of Cambridge ; with all the
powers and privileges, to which other religious societies are
entitled by the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That the said society shall
be capable in law to purchase, hold and dispose of any estate,
real or personal, for the use of said society: provided, the annual
income thereof shall not exceed, at any time, the value of three
thousand dollars.

Sect. 3. Be it further enacted. That the committee of the
said society, chosen at any legal meeting thereof, shall have
power to raise, by assessment on each member of said society,
such sum or sums of money as may be by them considered a
proportionate part of the expenses of settling and maintaining
such a minister or ministers of the gospel, as the said society may
call and elect, and the contingent expenses of the society ; and
generally to provide, and do all other business for the said soci-
ety, as they may think proper.

Sect. 4. Be it further enacted, That any justice of the
peace for the county of Middlesex, be, and he is hereby empow-
ered, upon application therefor, to issue a warrant, directed to a
member of the said Universalist Society, requiring him to notify
and warn the members thereof to meet at such convenient time
and place, as shall be appointed in said warrant, to choose a
moderator, treasurer, clerk, and such other officers as they may
think needful ; and the said society, being duly organized, may
then determine and settle the manner of notifyiag and calling fu-
ture meetings. [Feb. 11, 1823.]

Powers anil
privileges.

Real and per-
sonal estate.

Assessmcnls.

First meetini:

Chap, 99.

Persons incor-
porated.

An Act to incorporate the Mariners' Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Stephen Glover, Russell Glover, John Chan-
dler, Junior, Henry Oxnard, .Tohn Bussey, Henry Prince, Ju-
nior, Atkins Adams, Abel Coffin, Henry Bancroft, Philip Fox,
James Percival, Tilden Crooker, Winslow Lewis, Charles
Tracy, Richard Urann, and George G. Jones, with their asso-
ciates, successors and assigns, be, and they hereby are incorpo-

1822. Chap. 99. 79

rated into a company, and body politic, by the name of the
Mariners' Insurance Company ; with all the powers and privi- General powers
leges granted to insurance companies, and subject to all the re- meniTT''^'
strictions, duties and obligations, contained in a law of this
Commonwealth, entitled "an act to define the powers, duties iSHch. 120.
and restrictions of insurance companies," passed on the sixteenth
day of February, in the year of our Lord one thousand eight
hundred and eighteen, and in a law of this Commonwealth, enti-
tled "an act authorizing the several insurance companies of this 1819 ch. MI.
Commonwealth to insure against fire," passed on the twenty-first
day of February, in the year of our Lord one thousand eight
hundred and twenty, for and during the term of twenty years. Limitation of
after the passing of this act ; and by tliat name may sue and be *^ ^^^^^'
sued, plead and be impleaded, appear, prosecute and defend to
final judgment and execution ; and may have a common seal,
which they may alter at pleasure ; and may purchase, hold and
convey any estate, real or personal, for the use of said company : Real andoer-
provided, the said i-eal estate shall not exceed the value of thirty ^°"^' *^^^^^^*
thousand dollars, excepting such as may be taken for debt, or
held as collateral security for monies due to said company.

Sect. 2. Be it further enacted^ That the capital stock of Capital stock,
said company shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per cen- Shares.
tum of which shall be paid, in money, within ninety days after
the first meeting of the said company, and the residue, in money,
in two equal instalments, one payable in six months, and the
other in one year from the lime of such first meeting, under such
penalties as the president and directors shall, in their discretion,
direct and appoint. And the said capital stock shall not be sold
or transferred, but shall be holden by the original subscribers
thereto, for and during the term of one year, after the said com-
pany shall go into operation.

Sect. 3. Be it further enacted^ That the stock, property,
affairs and concerns of said company, shall be managed and con-
ducted by nine directors, one of whom shall be president thereof. Directors.
who shall hold their offices for one year, and until others are
chosen, and no longer, and who shall, at the time of their elec-
tion, be stockholders in said company, and citizens of this Com-
monwealth, and shall be elected on the second Monday of March, Election of dl-
in each and every year, at such time of the day, and in such ^^'^^°'^-
place in the city of Boston, as a majority of the directors, for
the time being, shall appoint ; of which election, public notice
shall be given, by publication in two newspapers printed in the
city of Boston, ten days at least previous to such meeting ; and Notice.
the election shall be made by ballot, by a majority of the votes
of the stockholders present, allowing one vote to each share in
the capital stock : provided^ that no stockholder shall be allowed
more than ten votes ; and absent stockholders may vote by Votes.
proxy, under such regulations as the said company shall pre-
scribe. And if, through any unavoidable accident, the said di-
rectors shall not be chosen on the second Monday in March, as

80

1822.-

-Chap. 99.

call meetin
the stockhoTd
ers.

Choice of piesi
dent.

By-laws.

aforesaid, it shall be lawful to choose them on any other day, in
the manner herein provided. And it shall be the duty of the
secretary of said comj)any, at any time, upon ajjplication in writ-
ing of the proprietors of twenty per centum of the capital stock,
Secretary may to call a meeting of the stockholders, to be holden at such time
^^ and place, in the city of Boston, as they shall direct, for the
purposes mentioned in such application, by giving like notice
thereof, as is herein required for the election of directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet so soon as tnay be, after every election, and
shall choose out of their body, one person to be president, who
shall be sworn or affirmed, to the faithful discharge of the duties
of his office, and who shall preside ibr one year. And in case
of the death, resignation, or inability to serve, of the president or
any directors, such vacancy or vacancies shall be filled for the
remainder of the year in which they happen, by a special election
for that purpose, to be held in the same manner as herein before
directed, respecting annual elections of directors.

Sect. 5. Be it further enacted, That the president and four
of the directors, or five of them in his absence, shall be a board
competent for the transaction of business, and all questions before
them shall be decided by a majority of votes : and they shall
have power to make and prescribe such by-laws, rules and regu-
lations, as to them shall appear needful and proper, touching the
management and dis[)osition of the stock, property, estate and
effects of the said company, and the transfer of the shares ; and
touching the duties and concTuct of the officers, cleiks and ser-
vants employed, and the election of directors, and all such mat-
Clerks and their ters as appertain to the business of insurance ; and also shall have
power to appoint a secretary, and so many clerks and servants
for carrying on the said business, and with such salaries and al-
lowances to them and to the president, as to the said board shall
seem meet : provided, such by-laws and regulations shall not be
repugnant to the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted, That any two or more of
the persons named in this act, are hereby authorized to call a
meeting of the said company, by advertising the same in two
newspapers printed in the city of Boston, ten days prior to the
day of such meeting, for the purpose of electing the first board of
directors, who shall continue in ofiice until the second Monday of
March, in the year one thousand eight hundred and twenty-four,
and until others shall be chosen in their stead : provided, ho\e-
ever, that this charter shall be void and of no effect, unless put
into operation, agreeably to the terms of it, within one year from
and after the passing of this act : provided, also, that the said
company shall not take any risk, or subscribe any policy, by vir-
tue of this act, until one moiety of the capital stock of said com-
pany shall have actually been paid in.

Sect. 7. Be it further enacted, That the said company shall
never take on any one risk, or loan on respondentia or bottomry,
on any one bottom at one time, including the sum insured, in any

salaries.

First meeting

Conditions of
this charter.

Limitation of
risks.

1822. Chap. 99—100. 81

othei* way on the same bottom, a sum exceeding ten per centum
on the capital stock of said company, actually paid in, agreeably
to the provisions of this act.

Sect. 8. Be it further enacted^ That the said Mariners' May be taxed.
Insurance Company shall be liable to be taxed by any general law
providing for the taxation of all similar corporations.

Sect. 9. Be it furtlier enacted, That the said insurance Location,
company shall be located and kept in the city of Boston. \_Feh.
11, 1823.]

An Act to incorporate the Boston and Salem Insurance Company. C/lCtD 1 00.

Sect. 1. BE it enacted by the Senate andHouse of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Peter P. F. Degrand, John Pedrick the ^^'^°"j' ""''"'
Third, Jeremiah Briggs, Willard Peele, John Bumstead, and
Elisha Copeland, Junior, with their associates, successors and
assigns, be, and they are hereby incorporated into a company and
body politic, by the name of the Boston and Salem Insurance
Company ; with all the powers and privileges granted to insur-
ance companies, and subject to all the restrictions, duties and
obligations, contained in a law of this Commonwealth, entitled
"an act to define the powers, duties and restrictions of insurance Powers and lia-
companies," passed on the sixteenth day of February, in the biimes.
year of our Lord one thousand eight hundred and eighteen, and '^''^ '=•'• ^^^
in a law of this Commonwealth, entitled "an act authorizing the i8i9ch. 141.
several insurance companies in this Commonwealth, to insure
against fire," passed on the twenty-first of February, in the year
of our Lord one thousand eight hundred and twenty, for and
during the term of twenty years, after the passing of this act ; and Limitation of
by that name may sue and be sued, plead and be impleaded, ap- "^ ^'^"^''
pear, prosecute and defend to final judgment and execution ; and
may have a common seal, which they may alter at pleasure ; and
may purchase, hold, and convey any estate, real or personal, for
the use of said company : provided, the said real estate shall not Real estate,
exceed the value of twenty thousand dollars, excepting such as
may be taken for debt, or held for collateral security for money
due to said company.

Sect. 2. Be it further enacted. That the capital stock of Capital stock
said company shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per cen-
tum of which shall be paid, in money, within ninety days after the
first meeting of the said company, and the residue, in money,
[*tiventy-Jive per centum in six months and] twenty-five per cen- * This provision
turn in one year after the said first meeting. And the said is in the original
capital stock shall not be sold or transferred, but shall be holden Jj („ t'he°"en-
by the original subscribers thereto, for and during the term of one grossed act.
year, after the said company shall go into operation : provided, proviso.
however, that the said company shall not take any risk, or sub-
scribe any policy, by virtue of this act, until one moiety of the
capital stock of said company shall have actually been paid in.

VOL. VI, 11

82 1822. Chap. 100.

Number of di- Sect. 3. Be it further enacted, That the stock, property,
rectors. afiairs and concerns of the said company, shall be managed and

conducted by thirteen directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until others
are chosen, and no longer, and who shall, at the time of their
election, be stockholders in said company, and citizens of this
Election of di- Commonwealth, and shall be elected on the second Monday of
rectors. March in each and every year, at such time of the day, and in

such place, in Boston, as a majority of the directors, for the time
being, shall appoint ; of which election, public notice shall be
given by publication in two newspapers printed in Boston, and
two in 8alem, ten days at least previous to such meeting ; and
Votes. the election shall be made by ballot, by a majority of the votes

of the stockholders present, allowing one vote to each share in
the capital stock : provided, that no stockholder shall be allowed
more than ten votes ; and absent stockholders may vole by
proxy, under such regulations as the said company shall prescribe.
And if, through any unavoidable accident, the said directors
should not be chosen on the second Monday of INIarch, as afore-
said, it shall be lawful to choose them on any other day, in the
Secretary may manner herein provided. And it shall be the duty of the sec-
u^" "tockhoid"'^ retary of said company, at any time, upon application, in writing,
ers. of the proprietors of twenty per centum of the capital stock, to

call a meeting of the stockholders, to be holdcn at such time and
place, in the city of Boston, as they shall direct, for the purposes
mentioned in such application, by giving like notice thereof, as is
herein reqm'red for the election of directors.
Choice of presi- Sect. 4. Bc it further enacted, That the directors, when
«>ent. chosen, shall meet as soon as may be, after every election, and

shall choose out of their body, one person to be president, who
shall be sworn, or affirmed, to the faithful discharge of the duties
of his office, and who shall preside for one year. And in case
of the death, resignation, or inability to serve, of the president,
or any directors, such vacancy or vacancies shall or may be
filled for the remainder of the year in which they happen, by
a special election for that purpose, to be held in the saine man-
ner as herein before directed, respecting annual elections of di-
rectors.
Board of dircc- Sect. 5. Be it further cnactcd, Tliat the president and three
tors. of the directors, or four of the directors, in the absence of the

president, shall be a board competent to the transaction of busi-
ness ; and all questions before them, shall be decided by a ma-
By-laws. jo''Jty of votes ; and they shall have power to make and prescribe
such by-laws, rules and regulations, as to them shall appear need-
ful and proper, touching the management and disposition of the
stock, property, estate and effects of the said company, and the
transfer of the shares, and touching the duties and conduct of the
several officers, clerks and servants employed, and the election
of the directors, and all such matters as appertain to the business
Clerks and their of insurance *, and shall also have power to appoint a secretary,
salaries. and SO many clerks and servants for carrying on the said business,

1822. Chap. 100—106. 83

and with such salaries and allowances fo ihein and to the presi-
dent, as to the said board shall seetn meet : provided, such by-
laws and regulations shall not be repugnant to the constitution
and laws of this Commonwealth.

Sect. 6. Be it further enacted, That any two or more of
the persons named in this act, are hereby authorized to call a
meeting ol'said comjjany, by advertising the same, for two sue- First Meeting,
cessive weeks, in two of the newspapers printed in Boston, and
two in Salem, for the purpose of electing their first Board of
Directors, who shall continue in office till the second Monday of
March, in the year of our Lord then next ensuing, and until oth-
ers shall be chosen in their stead : provided, however, that this Conditions of
charter shall be void, and of no effect, unless put into operation
agreeably to the terms of it, within one year from and after the
passing of this act.

Sect. 7. Be it further enacted, That the said company
shall never take on any one risk, or loan, on respondentia or Limitation of
bottonny, on any one bottom at one time, including the sum in- '"'^''^•
sured, in any other way on the same bottom, a sum exceeding
ten per centum on the capital stock of said company, actually
paid in, agreeably to the provisions of this act.

Sect. 8. Be it further enacted. That the said insurance Location.
company shall be located and kept in the city of Boston.

Sect. 9. Be it further enacted. That the said Boston and Maybe taxed.
Salem Insurance Company shall be liable to be taxed by any
general law providing for the taxation of all similar corporations.
iFeh. 11, 1823.]

An Act to incorporate a Religious Society, hv the name of the Boston Society of the r^Un/n 1 Hfi
New Jerusalem. S J, . C/l«p iUD.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Thomas Worcester, Henry Gardner Foster, Persons incor-
Barnabas Thayer Loring, Sampson Reed, Samuel Worcester, po^^'^d.
John Hubbard Wilkins, Tilley Brown Hay ward, Timothy Har-
rington Carter, Caleb Reed, Warren Goddard, Simeon Child,
Lemuel Little, Adonis Howard, and Nathaniel Balsh, Junior,
together with their polls and estates, and such others as may as-
sociate with them, and their successors, be, and they hereby are
incorporated and established as a religious society, by the name
of the Boston Society of the New Jerusalem ; with all the pow- Powers and
ers and privileges, and subject to all the duties of other religious pf'vi'eges.
societies, according to the constitution and laws of this Com-
monwealth.

Sect. 2. Be it further enacted. That said society may have
and use a common seal, and the same may break, alter and renew
at pleasure ; shall be capable of sueing, and being sued, in any
actions, real, personal, or mixed, in any court proper to try the
same ; shall and may take and hold in fee simple or otherwise,
by gift, grant, devise or purchase, any estate, real or personal. Real and per
the aggregate amount of which shall not exceed ten thousand *°"*' estate,
dollars, and may sell and dispose of the same at pleasure.

84

1822.— Chap. 106—109.

1821 ch. 110.

Maj'or and al-
dermen to be
surveyors of
highways.

Mayor and al-
dermen to ap-
point places for
meetings.

Sect. 3. Be it further enacted^ That any justice of the
peace for the county of Suffolk, upon a])i)lication therefor, is
herehy authorized to issue a warrant, directed to a member of
said society, requiring him to notify and warn the members of
First meeting. Said religious society in Boston, to meet at such time and place
as shall be expressed in said warrant, for the choice of such offi-
cers, as religious societies have a right to choose, at their annual
meetings. [Feb. 11, 1823.]

ChctV 107. -^^ Act, in addition to an Act, entitled " An Act establishing the city of Boston."

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives., in General Court assembled, and by the authority of
the same, That the act establishing the city of Boston, be so far
altered and amended, as to vest ail the duties and powers of sur-
veyors of highways for said city, in the mayor and aldermen of
said city.

Sect. 2. Be it ftirther enacted, Thui the said mayor and
aldermen be, and they are hereby authorized to appoint the place
of meeting for the inhabitants of any ward or wards in said city,
without the limits of the ward in which such inhabitants dwell, in
any adjoining ward, when in the opinion of the mayor and alder-
men, the inhabitants can be more conveniently accommodated,
than they can be within the limits of their respective wards :
provided, that a distinct place of meeting shall be appointed for
the inhabitants of every ward.

.Sect. 3. Be it further enacted, That the lists of all the
citizens of each ward, qualified to vote in any election, shall be
completed before sunset the day previous to every election ; and
when the election shall happen on Monday, the said lists shall
be completed before sunset on the Saturday evening j)receding;
and that after the delivery of such lists to the clerks of the re-
spective wards, no name shall be placed on such lists.

Sect. 4. Be it further enacted. That the mayor and alder-
men of said city may elect the officer of police from their own
board, if they see fit.

Sect. 5. Be it further enacted, That this act shall be void,
unless the inhabitants of the city of Boston, at a legal meeting
called for that purpose, shall, by a written vote, determine to
adopt the same within thirty days. [Feb. 11, 1823.] Add.
act, 1823 ch. 2: 1834 ch. 158: 1835 ch. 128.

When lists of
voters shall be
completed.

Police officer.

When this act
shall take eflect

Chap 109,

Persons incor-
porated.

An Act to incorporate certain persons by the name of the Boston and Concord Boat-
ing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That William Sullivan, and Richard Sullivan, and
their associates and successors, be, and they are hereby incorpo-
rated, and shall be a corporation, under the name of the Boston
and Concord Boating Company ; and by that name may sue and
prosecute, and be sued and prosecuted to final judgment and ex-
ecution ; and shall be and hereby are vested with all the powers

1822. Chap. 109. 85

and i)rivileges which arc by law incident to corporations for the Powers and
l)urposes, and only purposes in this act providerl for. privileges.

Sect. 2. Be it further enacted, That the said William Sul-
livan, and Ricliard Sullivan, their associates and successors, shall,
under this act, have power and authority to have, own and use
boats, landinc: places, and all necessary equipments, for the pur- May use i. oats,
pose of transporiing goods, wares and merchandize, and all other 'ending places,
articles, from Boston and Charlestown to the upper end of the
Middlesex Canal, and tlience by the river Merrimack to the
northerly line of this State, and from said northerly line to Bos-
ton, and all the intermediate places.

Sect. 3. Be it further enacted, That the said William and
Richard may make application to any justice of the peace in the
county of Suffolk, to call a meeting of proprietors, to be holden
at some convenient place in the city of Boston ; and such justice
is thereupon empowered to issue his warrant, directing the said
William and Richard, or either of them, to warn said proprietors First meeting.
to meet at such time and place as the said justice may direct, to
agree on such mode of calling future meetings as such proprietors
may see fit ; and to do and transact all such other business re-
lating to said corporation as said warrant may express. And the
said proprietors, at such meeting, or at any future legal meeting,
may choose a president, clerk, and any other officers of such Choice of offi-
corporation, which they may deem expedient and proper, for the '^^^^^
ordering and regulating the business and affairs of said corpora-
tion ; and every proprietor shall have a right to vote in a propri-
etary meeting, according to the number of shares by him held,
either personally or by representation.

Sect. 4. Be it further enacted, That the said corporation
be and the same is hereby authorized and empowered to pur-
chase, and to hold to them and their successors, so much per-
sonal estate, consisting of boats, tackle, apparel, engines, and Real and per-
implements, as may be necessary for the transportation aforesaid ; so»=^' estate.
and so much of real estate as may be necessary for landing places
and store-houses : provided, the whole amount of property, real ^''^^'^o.
and personal, shall not exceed fifty thousand dollars, nor com-
prehend more than twenty acres of land, and not more than two
of which shall lie in Boston ; and all property held by said cor-
poration may be divided into any number of shares, which said Shares,
corporation may see fit, not less than one hundred, and not ex-
ceeding five hundred shares.

Sect. 5. Be it further enacted, That all the real estate held Real estate lia-
by said corporation within any town or city, shall be liable ^q ^'*^'°'^'''^"°""
taxation in such town or city, as other real estate is therein, or
may be liable to be taxed ; and that in any action which may be
brought, or in any judgment which may be rendered against said
corporation, the plaintiff, or adverse party, not being able to find
sufficient property of said corporation to attach on mesne pro-
cess, or whereon to levy his execution, shall have the right of
attaching on mesne process, and of levyins: his execution upon P''opertyof

c 1 '■ r n 1 • 1 ■ • r 1 1 ft members may

any ol the properly ot any ot the mdividuals, members oi the be attached.

86

1822.

■Chap. 109—111.

Limltalion of
charter.

Warning of
first meeliiisr

67m;;lll

Persons incor-
porated.

Powers and lia-
bilities.

1817 cli. 120.

1819 eh. Ml.

Limitation of
charter.

Real and per-
sonal estate.

Capital stock.
Sliares.

said corporation, in the same manner as though the action had
been brou^lit, and the jtidgnieiit rendered agninst them in their
private and individual capacity.

Sect. 6. Be it further enacted^ That this corjioraiion shall
exist and continue so long as the Middlesex Canal shall be kept
open and in operation, and no longer.

Sect. 7. Be it further enacted^ That the proprietor who
may be enipowered to warn the proprietors aforesaid of the first
meeting, herein before provided for, shall give notice thereof, by
publishing such warrant as may be to him directed for such pur-
poses, in one or more of the newspapers printed in Boston, to-
gether widi notice in conformity thereto, and shall make return
thereof, under his hand, to the first meeting, to be recorded in
the book of the corporation ; the said publication to be made
ten days before the day appointed for such meeting. [Feb. 11,
182.-J.]

An ,VcT to incorporate the Mercantile Marine Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
srntatives, in General Court assembled^ and by the authority
of the same., That Benjamin Marston Watson, Charles C. Par-
sons, Samuel Fales, Thomas Welsh, Junior, and John Odin,
all of Boston, with their associates, successors and assigns, be,
and they hereby are incorporated into a company, and body pol-
itic, by the name of the Mercantile INIarine Insurance Company;
with all the powers and privileges granted to insurance compa-
nies, and subject to all the restrictions, duties and obligations,
contained in a law of this Commonwealih, entitled " an act to
define the powers, duties and restrictions of insurance compa-
nies," passed on the sixteenth day of February, in the year of
our Lord one thousand eight hundred and eighteen, and in a law
of this Commonwealth, entitled "an act authorizing the several
insurance companies in this Commonwealth to insure against
fire," passed on the twenty-first day of February, in the year of
our Lord one thousand eight hundred and twenty, for and during
the term of twenty years, after the passing of this act ; and by
that name may sue and be sued, plead and be impleaded, appear,
prosecute and defend to final judgment and execution ; and may
have a common seal, which they may alter at pleasure ; and
may purchase, hold and convey any estate, real or personal, for
the use of said company : provided, the said real estate shall not
exceed the value of twenty thousand dollars, excepting such as
may be taken for debt, or held as collateral security for monies
due to said company.

Sect. 2. Be it further enacted, That the capital stock of
said company shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per cen-
tum of wdiich shall be paid, in money, within sixty days after the
first meeting of the said company, and the residue, to be paid, in
money also, one half thereof in six months, and one half thereof
in twelve months, after said first meeting, under such penalties
as the president and directors shall, in their discretion, direct

1822. Chap. 111. 87

and appoint : provided^ however^ that the said company shall not Proviso,
take any risk, or subscribe any policy, by virtue of this act, until
one moiety of the capital stock of said company shall have actu-
ally been paid in.

Sect. 3. Be it further enacted, That the slock, property, Number of di-
affairs and concerns of said company, shall be managed and con- '■^<^'°^s-
ducted by eleven directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until others
are chosen, and no longer, and who shall, at the time of their
election, be stockholders, and citizens of this Commonwealth,
and shall be elected on the second Monday of March, in each Election of di-
and every year, at such time of the day, and at such place in the '■'^'^'°"-
city of Boston, as a majority of the directors, for the time being,
shall appoint ; of which election, public notice shall be given in
two newspapers, prin'ed in the city of Boston, and continued for
the space of ten days, injmediately preceding such election ; and
the election shall be made by ballot, by a niajority of the votes
of the stockholders present, allowing one vote to each share in
the capital stock : provided, that no stockholder shall be allowed Votes.
more than ten votes ; and absent stockholders may vote by
proxy, under such regulations as the said conipany shall prescribe.
And if, through any unavoidable accident, the said directors shall
not be chosen on the second Monday of March as aforesaid, it
shall be lawful to choose them on any other day, in the manner
herein prescribed.

Sect. 4. Be it further enacted, That the directors, when choice of presi-
chosen, shall meet so soon as may be, after every election, and '^'^"'•
shall choose out of their body, one person to be president, who
shall be sworn faithfully to discharge the duties of his office, and
who shall preside for one year. And in case of the death, re-
signation, or inability to serve, of the president or any director,
such vacancy or vacancies shall be filled for the remainder of the
year in which they happen, byasj)ecial election for that purpose,
to be held in the same manner as herein before directed, respect-
ing annual elections of directors.

Sect. 5. Be it further enacted, That the president and five
of the directors, or six directors in the absence of the president,
shall be a board competent for the transaction of business, and all
questions before them shall be decided by a majority of votes ;
and they shall have power to make and prescribe such by-laws, rules By-laws,
and regulations, as to them shall appear needful and proper, touch-
ing the management and disposition of the stock, property, estate
and effects of the said company, and the transfer of the shares ;
and touching the duties and conduct of the several officers, clerks
and servants employed, and the election of directors, and all such
matters as appertain to the business of insurance ; and also shall
have power to appoint a secretary, and so many clerks and ser-
vants for carrying on the said business, and with such salaries and cierks^aiul their
allowances to them and to the president, as to the said board
shall seem meet : provided, such by-laws and regulations shall

88

1822.-

■Chap. 111—112.

First meeting.

Conditions of
this charter.

Limitatiim of
risks.

Location.
May be taxed.

Chap l\2.

Persons incor-
porated.

Powers and

privileges.

Limitation of
charter.

Officers to be
chosen.

not be repugnant to the constitution and laws of this Common-
weahh.

Sect. 6. Be it further enacted, that any three or more of
the persons named in this act of incorporation, are hereby au-
thorized to call a meeting of the said company, as soon as may be,
in Boston, by advertising the same for two successive weeks, in
two of the newspapers printed in Boston, for the purpose of
electing the first board of directors, who shall continue in office
until the second Monday of March, in the year of our Lord then
next ensuing.

Sect. 7. Be it further enacted, That the capital stock of
said company shall not be sold or transferred ; but shall be holden
by the original subscribers thereto, for and during the term of one
year after this charter shall be put into operation as aforesaid;
and in case the same shall not be put into operation, according to
the provisions thereof, within one year from the passing of this
act, it shall be null and void.

Sect. 8. Be it further enacted, That the said company shall
never take on any one risk or loan on respondentia or bot-
tomry, on any one bottom at one time, including the sum insur-
ed, in any otiier way on the same bottom, a sum exceeding ten
per centum on the capital stock of said company, actually paid
in, agreeably to the provisions of this act.

Sect. 9. Be it further enacted, That the said insurance
company shall be located and kept in the city of Boston.

Sect. 10. Be it further enacted, That the said Mercantile
Marine Insurance Company shall be liable to be taxed by any
general law providing for the taxation of all similar corporations.
[Feb. 11, 1823]

An Act incorporating the Worcester Mutual Fire Insurance Company.

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Aaron Tufts, Nathaniel Jones, Salem Town,
Junior, John Shepley, Jonas Sibley, Rufus Bullock, James
Humphreys, Benjamin Adams, Stephen P. Gardner, Jacob
Fisher, Levi Lincoln, Bezaleel Taft, Junior, Abraham Lincoln,
Calvin Ammidown, Charles Parkman, Gideon Delano, Dexter
Fay, John Hobart, and their associates, being owners of build-
ings, shall be a corporation, under the name of the Worcester
Mutual Fire Lisurance Company ; and enjoy all [the] privileges
and powers incident to such corporations, for twenty-eight years,
from and after the passing of this act.

Sect. 2. Be it further enacted. That, for the well ordering
and governing the affairs of the said cor|)oration, they shall have
power to choose a president, treasurer and directors, to manage
the concerns of the said corporation, and such other officers as
they may deem necessary : provided, nevertheless, thit no policy
of insurance shall be made by said corporation, until the sum
subscribed by the associates to be insured shall amount to two
hundred thousand dollars ; and at all such meetings of said cor-

1822. Chap. 112. 89

poration, every matter shall be decided by a majority of votes, Votes,
each member having as many votes as he has policies, with the
right of voting by proxy.

Sect. 3. Be it further enacted^ Tliat the said corporation
may, as soon as the said two hundred thousand dollars shall be
subscribed to be insured, and they are hereby authorized to in-
sure for the term of froin one to seven years, any mansion house,
or other building within the county of Worcester, against dam-
age arising to the same by fire, originating in any cause except
that of design in the insured, and to any amount, not exceeding
three fourths of the value of any building ; and in case any mem- Limitation of
ber shall sustain damage by fire over and above the then existing '''^''^•
funds of the said corporation, the directors may assess such fur-
ther sum or sums upon each member, as may be in proportion to
the sum b}' him insured, and the rate of hazard originally agreed
upon : provided^ nevertheless, that no member, during the term Proviso,
of seven years, shall be held to pay, by way of assessment, more
than two dollars for each dollar by him advanced as premium
and deposite.

Sect. 4. Be it further enacted, That the monies advanced by Investment of
each person insured, shall, within sixty days after such advance- ™°"'^ "
ment, be vested in the stock of some incorporate [incorporated]
bank, stocks of the United States, or notes and bonds secured by
mortgages, at the discretion of the president and directors ; and
the proceeds of the same shall be appropriated and applied to pay
the damages or loss that any member may sustain by fire, and to
defray the expenses of the corporation ; and each of the insured
shall, at the expiration of his policy or policies have a right to
demand and receive from the corporation, his share of the re-
maining funds, in proportion to the sum or sums, by him actu-
ally paid.

Sect. 5. Be it further enacted, That when any member of Payment of
the said corporation so insured, shall sustain any loss for which "^^^^'
the same corporation shall be held to indemnify him, and he shall
recover judgment therefor, against it, he shall have a right to levy
his execution issued on such judgment, on any of the funds of
the said corporation ; and when he shall not find sufficient funds
of the said corporation to satisfy the same, and all costs thereon,
and the said directors shall neglect, or refuse, for the space of
thirty days from rendering such judgment, to inake an assessment
agreeably to the principles herein expressed, and deliver the
same to the treasurer of said corporation, and direct him to col-
lect the same, in such manner as the said corporation may point
out, to satisfy such execution as far as the said funds and assess-
ments may extend, then, and in that case, it shall be lawful for
such judgment creditor to levy or extend his said execution on
the private property of any of the said directors, to the amount property of di-
of the damage and costs he shall be entitled to recover and re- rectors may be

■-^1 • J !• ^ 1 ^ ^ 1 attached, on un-

ceive, on such execution ; and any du'ector, whose estate, real satisfied execu-
or personal, shall be so taken, may recover compensation there- t'on.
for, by an action of the case against the said corporation.

VOL. VI. 12

90

1822.-

■Chap. 112—113.

the corporation,
for loss by fire

Sect. 6. Be it further enacted, That wheneverany person
shall sustain any loss of property by fire so insured, he shall,
within sixty days next after, give notice of the same, to such of
the directors as shall be agreed upon by the said corporation for
that purpose, whose duty it shall be immediately to view where
the fire happened, and to inquire into the circumstances attend-
ing the same, and determine, in writing, under their hands, the
amount (if any) of the said corporation's liability for such loss ;
and if the sufferer shall not acquiesce in their determination, he
Actions may be or she, within thirty days next after such determination be made
brought against ^novvn by said directors, may bring an action at law against said
corporation, for such loss, before any court of competent juris-
diction, within the said county of Worcester. And in case the
sufferer shall not by verdict of a jury recover more than the
damage determined on by the directors as aforesaid, the plaintiff
in such action shall have judgment upon the verdict, but the cor-
poration shall recover their costs, and execution shall issue for
the balance in favor of the party entitled to recover it.

Sect. 7. Be it further enacted, That so soon as the amount
of the corporation's liability shall be ascertained in either of the
ways mentioned in this act, (and the funds on hand not being
sufBcient,) the said directors shall make an assessment upon the
members of the said corporation, agreeably to the principles of
this act, and deliver the same to the treasurer of the said corpo-
ration to collect. And the said corporation shall have power to
make such by-laws, rules, and regulations, for the due manage-
ment of the concerns thereof, as may be thought proper, not re-
pugnant to the constitution and laws of this Commonwealth.

Sect. 8. Be it further enacted, That any two of the per-
sons herein named, are hereby authorized to call a meeting
of the members of said corporation, at such time and place as
they shall think fit, by advertising the same in the newspapers
printed at AVorcester, fourteen days at least, previous to said
meeting.

Sect. 9. Be it further enacted. That the said Worcester
INIutual Insurance Company shall be liable to be taxed by any
general law providing for the taxation of all similar corporations.
[Feb. 11, 1823.] Add. act, 1823 ch. 125.

Assessments.

By-laws.

First meeting.

Liability to lax
alien.

ChapUS.

Persons incor-
porated.

Powers and
privileges.

An Act to incorporate the Springfield Fire Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Jonathan Dwight, Justin Ely, George Bliss,
Daniel Bontecou, Oliver B. Morris, John Hooker, Moses Bliss,
Jonathan Dwight, .Junior, and Edmund Dwiglit, their associates,
successors and assigns, be, and they hereby are incorporated into
a company and body politic, by the name of the Springfield Fire
Insurance Company, for and during the term of twenty years
after the passing of this act ; and by that name may sue and be
sued, plead and be impleaded, appear, prosecute and defend to
final judgment and execution ; and have a common seal, which

1822. Chap. 113. 91

they may alter at pleasure ; and may purchase, hold and convey

any estate, real or personal, for the use of said company: pro- Real and per-

vided^ they shall not hold real estate exceeding the value of ten sonal estate.

thousand dollars, excepting such as rnay be taken for debt, or

held as collateral security for debts due to said company.

Sect. 2. Be it further enacted, That the capital stock of Capital stock.
said company .shall be one hundred thousand dollars, divided into
shares of one hundred dollars each, fifty per centum of which Shares.
shall be paid, in money, within ninety days from the first meet-
ing of said company, and the residue in one year from and after
the first meeting of said company.

Sect. 3. Be it further enacted, That the stock, property,
affairs and concerns of said company, shall be managed and con-
ducted by seven directors, one of whom shall be president Directors,
thereof, who shall hold their offices for one year, and until oth-
ers are chosen, and no longer; and shall, at the time of their
election, be stockholders of said company, and citizens of this
Commonwealth, and shall be elected annually on the first Mon- Election of di-
day of May, at such time of the day, and at such place within rectors,
the town of Springfield, as a majority of the directors for the
time being shall appoint ; of which election ))ublic notice shall
be given, in any newspaper printed in said town, for the space
of ten days immediately preceding such election ; and the elec-
tion shall be made by ballot, by a majority of the votes of the
stockholders present, allowing one vote to each share in the cap-
ital stock : provided, no stockholder shall be allowed more than
ten votes : and the stockholders not present may vote by proxy. Votes.
under such regulations as the company shall prescribe ; and if,
through any accident, the directors should not be chosen as
aforesaid, it shall be lawful to choose them in manner aforesaid,
on any other day.

Sect. 4. Be it further enacted, That the directors so cho-
sen, shall meet as soon as may be, after every election, and shall
choose out of their number, one person to be president, who Choice of pre-
shall be sworn faithfully to discharge the duties of his office, dur- ^"^®"'-
ing the period for which he is elected ; and in case of the death,
resignation, or inability to serve, of the president, or any direc-
tor, such vacancy, or vacancies, shall be filled for the remainder
of the year in which they happen, by a special election, to be
notified and held as is herein before directed, in the case of an-
nual elections.

Sect. 5. Be it further enacted. That the president and
three of the directors, or four of the directors in the absence of
the president, shall be a board competent for the transaction of
business ; and all questions before them shall be decided by a
majority of votes ; and they shall have power to make and pre-
scribe such by-laws, rules and regulations, as to them shall ap- By-laws,
pear needful and proper, in respect to the management and dis-
position of the stock and property of said company, and the
transfer of shares therein, and the powers, duties and conduct of
the several officers, clerks and servants employed in the service

92

1822.-

-Chap, 113.

Proviso.

Directors may
appoint treasu-
rer, &c.

Shall not trade
in goods, &.C.

Statement of
profits.

Statement of
afiairs to be
laid before the
Legislature,
when required.

Directors' prop-
erty accounta-
ble for losses, in
certain cases.

Dividends.

of the company, and the election of directors, and the making
of policies, and all such matters as appertain to the business of
insurance : provided, such by-laws, rules and regulations be nci
repugnant to ihe laws or consliuuion of the United Stales or this
Commonwealth. And they shall also have power to appoint a
treasurer, secretary, and so many cleiks and servants as shall be
needful, with such compensation to them, severally, and to the
president, as to them shall seem fit ; and they shall also have
power and authority, in behalf of said company, to make insur-*
ance on any property or buildings against damage to the same by
fire, oiiginaling in any cause, except design in the assured, for
such time, and on such conditions, as the parties may agree to:
provided, that the said company shall not insure, on any one
risk, more than ten per centum on the amount of the capital
stock paid in ; and all policies of insurance by them made, shall
be subscribed by the president, or two of the directors, and
countersigned by the secretary, and shall be binding and obliga-
tory upon the said company, and have the like efl'ect and force
as if under the seal of said company ; and all losses duly arising
under policies so subscribed, may be adjusted and settled by the
president and board of directors, or such agent as they shall au-
thorize ; and such adjustment shall be binding on said company.

Sect. 6. Be it further enacted, That the said com])any
shall not, directly or indirectly, deal or trade in buying or selling
any goods, wares, merchandize or commodities whatever.

Sect. 7. Be it further enacted, That once in three years,
and oftener if required by a majority of the votes of the stock-
holders, the directors shall lay before the stockholders, at a gen-
eral meeting, an exact and particular statement of the profits, it
any there be, after deducting losses and dividends ; and the said
company shall, when and as often as required by the Legislature
of this Commonwealth, lay before the Legislature a statement of
the afiairs of said company, and submit to an examination con-
cerning the same, under oath.

Sect. 8. Be it further enacted, That in case of any loss
or losses taking place, which shall be equal to the amount of the
capital stock of the said company, and the president or directors,
after knowing of such loss or losses taking place, shall subscribe
to any policy of assurance, their estate, jointly and severally,
shall be accountable for the amount of any and every loss which
shall take place under policies thus subscribed ; and the said
president and directors shall cause to be printed or written, on
every policy they shall make, the amount of the capital stock,
and the largest sum they take on a risk.

Sect. 9. Be it further enacted. That it shall be the duty
of the directors, on the first Monday of May and October, in
every year, to make dividends of so much of the interest arising
from the capital stock, and of the profits of the said company,
as to them shall appear advisable ; but the monies received, and
notes taken for premiums of risks w'hich shall be undetermined
and outstanding at the time of making such dividends, shall not

1822. Chap. 113—114. 93

be considered as parts of the profits of said company ; and in
case of any loss whereby the capital slock shall be lessened, no
subsequent dividend shall be made, until a sum equal to such
diminution shall have been added to the capital.

Sect. 10. Be it furlher enacted, That any three of the
persons named in the first section of this act, are hereby author-
ized to call a meeting of the said company in Springfield, by First meedng.
advertising the same, for the purpose of electing the first board
of directors, who shall hold their ofiices until another board shall
be chosen.

Sect. 11. Be it further enacted ., That no transfer of stock
in the incorporation shall take place within one year from the
passing of this act ; and that if the provisions of this act shall Condiiions of
not be complied with in one year from the first meeting, then '^ ^"'^'^'
the same shall be void.

Sect. 12. Be it further enacted, That the said company May be taxed,
shall be liable to be taxed by any general law providing for the
taxation of all similar corporations. [Feb. 11, 1S23.]

An Act to incorporate the Boston Insurance Company. Clinil 114

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Lemuel Pope, Junior, William H. Board- Persons incor-
man, James Perkins, John Bellows, and James Freeman, with po''«'eci.
their associates, successors and assigns, be, and they Ijereby are
incorporated into a company and body politic, by the name of
the Boston Insurance Company ; with all the powers and privi-
leges granted to insurance companies, and subject to all the re-
strictions, duties and obligations, contained in a law of this Com-
monwealth, entitled "an act to define the powers, duties and isiTcli. I20.
restrictions of insurance companies," passed on the sixteenth Powers and lia-
day of February, in the year of our Lord one thousand eight '^'''^'^^•
hundred and eighteen, and in a law of this Commonwealth, enti-
tled "an act authorizing the several insurance companies in this isi9 ch. 14^1.
Commonwealth to insure against fire," passed on the twenty-first
day of February, in the year of our Lord one thousand eight
hundred and twenty, for and during the term of twenty years,
after the passing of this act ; and by that name may sue and be
sued, plead and be impleaded, appear, prosecute and defend to
final judgment and execution ; and may have a common seal,
which they may alter at pleasure ; and may purchase, hold and Real and per-
convey any estate, real or personal, for the use of said con)pany : s°""i estate.
provided, the said real estate shall not exceed the value of twen-
ty thousand dollars, excepting such as may be taken for debt, or
held as collateral security for monies due to said company.

Sect. 2. Be it further enacted, That the capital stock of Capital stock.'
said company shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per cen- [Capital in-
tum of which shall be paid, in money, within sixty days after the ci^Tts^i'^^^'
first meeting of the said company, and the residue to be paid, in
money also, one half thereof in six months, and one half thereof

94

1822.-

-Chap. 114.

Directors.

Election of cli
rectors.

Votes.

Choice of presi-
dent.

Board of direc-
tors.

By-laws.

Secretary, &c.
to be appointed.

in twelve months, after said first meeting, under such penalties
as the president and directors shall, in their discretion, direct
and appoint : provided, lioicever, that the said company shall not
take any risk, or subscribe any policy, by virtue of this act, un-
til one moiety of the capital stock of said company shall have
actually been jiaid in.

Sect. 3. Be it further enacted, That the stock, property,
affairs and concerns of said com|jany, shall be managed and con-
ducted by nine directors, one of whom shall be president there-
of, who shall hold their offices for one year, and until others are
chosen, and no longer, and who shall, at the time of their elec-
tion, be stockholders, and citizens of this Conmionwealth, and
shall be elected on the second Monday of March, in each and
every year, at such time of the day, and in such place in the
city of Boston, as a majority of the directors, for the time
being, shall appoint ; of which election, public notice shall be
given in two newspapers printed in the city of Boston, and con-
tinued for the space of ten days immediately preceding such
election ; and the election shall be made by ballot, by a major-
ity of the voles of the stockholders present, allowing one vote to
each share in the capital stock : provided, that no stockholder
shall be allowed more than ten votes ; and absent stockholders
may vote by proxy, under such regulations as the said company
shall prescribe. And if, through any unavoidable accident, the
said directors shall not be chosen on the second Monday in
March, as aforesaid, it shall be lawful to choose them on any
other day, in the manner herein prescribed.

Sect. 4. Be it further enacted. That the directors, when
chosen, shall meet as soon as may be, after every election, and
shall choose out of their body one person to be president, who
shall ]m sworn faithfully to discharge the duties of his office, and
who snail preside for one year ; and in case of the death, resig-
nation, or inability to serve, of the president, or any director,
such vacancy or vacancies shall be filled, for the remainder ot
the year in which they happen, by a special election for that pur-
pose, to be held in the same manner as herein before directed,
respecting annual elections of directors.

Sect. 5. Be it further enacted, That the president and four
of the directors, or five of them in his absence, shall be a board
competent for the transaction of business, and all questions be-
fore them, shall be decided by a majority of votes ; and they
shall have power to make and prescribe such by-laws, rules and
regulations, as to them shall appear needful and proper, touching
the management and disposition of the stock, property, estate
and effects of the said company, and the transfer of the shares ;
and touching the duties and conduct of the several officers,
clerks and servants employed, and the election of directors, and
all such matters as appertain to the business of insurance ; and
also shall have power to appoint a secretary, and so many clerks
and servants, for carrying on the said business, and with such
salaries and allowances to them and to the president, as to the

1823. Chap. 1. 95

said board shall seem meet : provided, such by-laws and regula- Proviso,
lions shall not be repugnant to the constitution and laws of this
Commonwealth.

Sect. 0. Be it furiher enacted, That any three or more
persons named in this act of incorporation are hereby authorized
to call a meeting of the said company as soon as may be, in Bos- ^"^^ Meeting.
ton, by advertising the same, for two successive weeks, in two
newspapers printed in Boston, for the purpose of electing the
first Board of Directors, who shall continue in office untd the
second Monday of March, in the year of our Lord then next
ensuing.

Sect. 7. Be it further enacted. That the capital stock of said
company shall not be sold or transferred, but shall be holden by
the original subscribers thereto, from and during the period of
one year after the charter shall be put into operation as aforesaid ; Conditions of
and in case the same shall not be put into operation, according to ctiarter.
the provisions thereof, within one year from the passing of this
act, it shall be null and void.

Sect. 8. Be it further enacted, That the said company Limitation of
shall never take, on any one risk, or loan on respondentia or
bottomry, on any one bottom at one time, including the sum
insured, in any other way on the same bottom, a sum exceeding
ten per centum on the capital stock of said company, actually
paid in, agreeably to the provisions of this act.

Sect. 9. Be it further enacted, That the said insurance Location,
company shall be located and kept in the city of Boston.

Sect. 10. Be it further enacted. That the said Boston May be taxed.
Insurance Company shall be liable to be taxed by any general
law providing for the taxation of all similar corporations. \^Feb.
11, 1323.] Add. act, 1833 ch. 175.

An Act to incorporate tlie Bunker Hill Monument Association. ^ LyflCtp, 1.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Joseph Story, Jesse Putnam, Daniel Webster, Persons incor-
Edward Everett, Samuel D. Harris, Samuel Swett, Theodore ^"'^
Lyman, Junior, Stephen Gorham, Junior, Thomas H. Perkins,
William Tudor, Henry A. S. Dearborn, Benjamin Gorham,
Franklin Dexter, William Sullivan, George Ticknor, Charles
R. Codman, Warren Dutton, Isaac P. Davis, Thomas Harris,
Seth Knowles, Benjamin Welles, John C. Warren, George
Blake, and Francis C. Gray, their associates and successors, be,
and they are hereby made a body politic and corporate, by the
name of the Bunker Hill Monument Association ; with all the Powers and
powers, and subject to all the duties of aggregate corporations,
and for the purposes hereinafter named.

Sect. 2. Be it further enacted. That said corporation shall ^^^i estlt'^e^'^'
have power to take and hold, by gift, grant or devise, such real
and personal estate and property, as may be necessary or conve-
nient to promote the object of the incorporation, the construction
of a monument in Charlestown, to perpetuate the memory of the
early events of the American revolution.

96

1823.-

-Chap. 1 — 4.

First incelii)5

By-laws.

Monument may
be transferred
to the Stale.

Ckap. 2.

1821 ch. 110.

1822 ch. 107.

Chap.

o.

Persons incor-
porated.

Powers and
duties.

1880 ch. G5.

Capital and real
estate.

Chap. 4.

1793 ch. 55.
(v. l.p. 505.)
1798 ch. 31.
(v. 2. p. 258.)
1817 ch. 101.

Sect. 3. Be it further enacted^ That the said Henry A. S.
Dearborn, William Tudor, and Theodore Lyman, Junior, or
any two of them may call the first meeting of said corporation,
by giving three days previous notice thereof in two public news-
papers printed in Boston ; at which, or at any subsequent meet-
ing, the said corporation may choose such officers, agents and
trustees as they may think proper, and establish such by-laws
and regulations for their own government and the management of
their concerns, not repugnant to the laws and constitution of this
Commonwealth, as they may deem necessary ; and the same
may modify and annul at pleasure.

Sect. 4. Be il further enacted^ That said corporation may,
at any time, after said monument shall be completed, assign and
transfer the same, with the land on which it stands, and the ap-
purtenances, to the Commonwealth, and that the Commonwealth
will accept the same : provided^ that the Commonwealth shall
not thereby become liable for debts contracted by said corpora-
tion. [June 7, 1823.]

An Act concerning Surveyors of Highways in Boston.

BE it enacted by the Senate and House of Representatives^ in
General Court assembled^ and by the authority of the same^
That the city council of tiie city of Boston shall have the power
and authority of electing, if they see fit, the mayor and aldermen
of said city, surveyors of highways for said city, any thing in the
act establishing the city of Boston to the contrary notwithstand-
ing. [June 10, 1823.]

All Act to incorporate the Canal Manufacturing Company.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Patrick T. Jackson and David ISIoody, their successors
and assigns, be, and they are hereby incorporated, by the name
of the Canal Manufacturing Company, for the purpose of making
machinery, and manufacturing cotton, iron and wool, in the town
of Chelmsford, with all tlie powers and privileges, and subject to
all the duties and requirements prescribed in an act, entitled "an
act defining the general powers and duties of manufacturing cor-
porations," passed the third day of March, in the year of our
Lord, one thousand eight hundred and nine, and the several acts
in addition thereto ; and said corporation may take and hold real
and personal estate to the amount of six hundred thousand dol-
lars, their real estate not to exceed fifty thousand dollars, exclu-
sive of the improvements to be made thereon. [June 10, 1823.]

An Act to authorize the Trustees of the Baptist Education Fund to divide the same.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That the Trustees of the Baptist Education Fund be, and they
hereby are authorized to pay over and deliver one moiety of all the
properly in their hands, belonging to said fund, to the Education
Society of the Warren Baptist Association, and the other moiety

182^. Chap. 4—7. 97

thereof to the Massachusetts baptist echicalion society : provided,
however, that the whole of said pioperty siiall always be appro-
priated to the objects for which it was originally designed. \June
]0, 1823.J

An Act in addition to an Act, entitled " An Act to incorporate the Proprietors of the (^ficij), 5.
Charlestown Bleachcry." -* *

Sect. 1. BE it enacted by the Senate and House of Repre- I82i ch. 28.
sentatives, in General Court assembled, and by the authority of
the same, That the said corporation be, and the same hereby is Powers en-
further authorized and empowered to manufacture and print cotton '^'"oet'-
and other goods, continuing subject, however, to all the duties
and requirements prescribed in the original act of incorporation.

Sect. 2. Be it further enacted, That the said corporation Increase of
shall be authorized to increase their capital, in a sum not exceed- ^^P''^'-
ing in amount the sum of thirty thousand dollars. [June 10,
1823.] Add. act, 1824 ch. 85.

An Act to incorporate the Leicester Manufacturing Company. C^lifin fi

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That James Anderton, Richard C. Cabot, Edmund Persons incor-
Baylies and Phillips Payson, with their associates, successors po^ated.
and assigns, be, and they hereby are incorporated, by the name
of the Leicester Manufacturing Company, for the purpose of
manufacturing woollen cloths in the town of Leicester ; and shall po„,ers and
have all the powers and privileges and be subject to all the duties privileges,
and requirements prescribed and contained in an act passed in the
year of our Lord one thousand eight hundred and nine, entitled 1S08 ch. 65.
"an act defining the general powers and duties of manufacturing
corporations," and also the several acts supplementary thereto.

Sect. 2. Be it further enacted. That the said Leicester Real and per-
manufacturing company, in their corporate capacity, may hold sonai estate,
and possess such real and personal estate as may be necessary or
convenient for carrying on the manufactures aforesaid ; provided
the value of the same shall not exceed the sum of one hundred
and fifty thousand dollars. [June 12, 1823.]

An Act in addition to an Act, entitled "An Act to incorporate the Linen and Duck Cflitp, / .
Manufacturing Company."

Sect. 1. BE it enacted by the Senate and House of Repre- 1813 ch. I5i.
sentatives, in General Court assembled, and by the authority of
the same, That .Joseph R. Newhall be authorized to call a meet- Meeting, how
ing of the Stockholders and Proprietors of the Linen and Duck '^^"*^'^"
Manufacturing Company at such time and place within the town
of Boston as he may think proper, by giving personal notice to
said stockholders and proprietors four days before said meeting.

Sect. 2. Be it further enacted. That at such meeting said Corporation re-
proprietors and stockholders may proceed to organize their cor- °''sa"'zed.
poration, to choose officers, make by-laws, and do all acts and
things, that grantees of a charter of incorporation may usually, by
law, do at their first meeting, and not repugnant to the laws and
constitution of this Commonwealth. And all acts, matters and

VOL. VI. 13

9a

1823.-

•Chap. 7—9.

Chap. 8.

1822 ch. 55.

Increase of cap-
ital stock.

[Capital
reduced 1829
ch. 82]

Conditions.

Chap. 9.

Persons Hncor-
porated.

Powers and
privileges.

Trustees may
take and hold
funds.

Provisos.

things done at said meeting, and afterwards, upon the reor-
ganization, shall be legal and binding to all intents and purposes,
in the same manner that they would have been if said corporation
had been originally, and ever afterwards had kept legally organ-
ized and in operation. [^June 12, 1823.]

An Act in addition to an Act, entitled " An Act to incorporate the President, Direc-
tors and Company of the Exchange Bank."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the President, Directors and Company of the
Exchange Bank, be, and hereby are authorized and empowered to
increase their present capital stock, by an addition of one hun-
dred thousand dollars thereto, which shall be paid, in such instal-
ments and at such times, as the president and directors of said
bank may direct and determine : provided, however, that the
whole amount shall be paid in, on or before the twentieth day of
February next.

Sect. 2. Be it further enacted, That the additional stock
aforesaid shall be subject to the like tax, regulations, restrictions
and provisions as the present capital stock of said corporation is
now holden, by virtue of the act to which this is in addition.
[June 12, 1823.] Add. act, 1829 ch. 82.

An Act to incorporate the Trustees of the Ministerial Fund of the First Congrega-
tional Society in Wendell.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority oj
the same, That Joshua Green, Clark Stone, Samuel Brewer,
Josiah Richardson, John Andrews, Lewis Stone, and Daniel
Rogers, all inhabitants of Wendell, be and they are hereby con-
stituted and made a body politic and corporate, by the name of
" The Trustees of the INIinisterial Fund of the First Congrega-
tional Society in Wendell," and by that name shall have perpet-
ual succession, may sue and be sued, plead and be impleaded,
may have a common seal, and shall possess and enjoy such other
powers and privileges as are incident to corporations of a like
nature.

Sect. 2. Be it further enacted. That the said trustees
shall have power to take and receive into their hands and posses-
sion, all money, notes, bonds, or other securities now constitu-
ting the fund of said congregational society, and may receive and
hold such further subscriptions, donations, grants, bequests and
devises as may hereafter be made to increase said fund, and the
same to manage and put on interest, and to apply the income and
interest thereof, annually, for the support of the minister of said
society forever : provided, however, the annual income of said
fund shall not exceed one thousand dollars ; and if at any time
the income of said fund shall exceed the amount of the annual
salary of the minister, the surplus may be applied to the increas-
ing the said fund, or appropriated under a vote of the society to
the promotion and encouragement of sacred music, or other pa-

1823. Chap. 9—10. 99

rochial expenses, jind provided, also, that no appropriation of
any gift, grant, or donation shall ever be made contrary to the
express intention and direction of the donor.

Sect. 3. Be it further enacted, That the number of trus- Number of trus-
tees shall never be more than seven nor less than five ; and in all '^^^•
cases the attendance of a majority of the board of trustees shall
be requisite for the transaction of business ; and they shall have
power to fill all vacancies that may haj)pen by death, resignation,
removal or otherwise from the inhabitants of said society : pro-
vided, however, that the said congregational society, at any legal Proviso,
meeting thereof, niay remove any member of said board of trus-
tees, who, through age, infirmity, misconduct or other cause,
shall become unfit or incapable of discharging his duly.

Sect. 4. Be it further enacted. That the said trustees may Appointment of
appoint all such officers as may be necessary for the management oncers and by-
of their affairs, and may make, adopt and execute all reasonable
by-laws and regulations that may be necessary and proper for the
government of the said corporation, and not repugnant to the
constitution and laws of this Commonwealth ; and they shall
never receive any compensation for their services in managing
the affairs of said corporation, other than what shall be allowed
by the society at their annual meeting.

Sect. 5. Be it further enacted. That the records and pro- Records and
ceedings of the said trustees, shall at all times be open to the in- proceedings,
spection of any committee that may be appointed for that purpose,
on behalf of the said society ; and the said trustees shall, whenever
called upon by a vote of said society, make a report of the state
of the fund : And if said trustees, or either of them shall suffer Responsibility
the said fund to be impaired or diminished, through their per- °^ 'rus'ees.
sonal misconduct or misapplication, they shall be severally liable
and responsible to the said society to make good such loss out of
their private estate.

Sect. 6. Be it further enacted, That the Hon. Joshua First meeting.
Green be, and he hereby is authorized to call the first meeting of
said trustees. [Jitne 12, 1823.]

An Act to incorporate the Trustees of the Ministerial Fund of the Baptist Religious (^hfif) 1 Q
Society in Haverhill. Jr'

Sect. 1. BE it enacted by tite Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of the
same. That David How, James H. Duncan, Leonard White, Persons incor-
Jonathan K. Smith, Charles White, be, and they are hereby po'"^*®'^-
constituted a body politic and corporate, by the name of the
Trustees of the Ministerial Fund of the Baptist Religious Soci-
ety in Haverhill ; and they and their successors shall be and
continue a body politic and corporate by that name forever ; and
may have acomtnon seal, and may sue and be sued, in all actions, Powers and pri-
real, personal and mixed ; and may prosecute and defend the ^''^^es.
same to final judgment and execution by the name aforesaid ; and
their deed, sealed with their common seal, subscribed by a ma-
jority of said trustees, and duly acknowledged, shall be valid in
law.

JOG

1823.-

-ClIAP. 10.

Number and du-
ties of the trus-
tees.

Clerk and
treasurer.

Power to hold
properly.

Proviso.

Application of
funds.

Proviso.

Sect. 2. Be it further" enacted, That tlie niin)ber of said
trustees shall never bo more than seven nor less than five, a ma-
jority of whom shall be a quorum for transacting business, and
they shall have power to remove any one of their number, who,
from age, infirmity or misconduct, shall become disqualified to
discharge the duties of a trustee ; and any trustee shall be deem-
ed to have vacated his office, who shall cease to be a member of
said society ; and the vacancy so made, and all vacancies which
may happen by death, resignation or otherwise, shall be filled by
the members of the Baptist Religious Society in Haverhill, at a
legal meeting duly warned for that purpose, by ballot from the
members of said society : and any donor to said fund, to an
amount not less than one thousand dollars, shall have the right of
appointing one trustee, by certifying such appointment to said
society at their annual meeting, which trustee shall succeed to
the first vacancy in the board.

Sect. 3. Be it further enacted. That the said trustees shall
meet annually in March or April, and at such other times as may
be necessary to transact their business ; and at all meetings the
senior member present shall preside ; and they shall, at their an-
nual meeting, elect from their number a clerk, who shall be
sworn to the faithfid performance of his duties, and a treasurer,
who shall give bond with sufficient sureties, to the acceptance of
the trustees, faithfully to do and perform all the duties of his
office.

Sect. 4. Be it further enacted, That the said trustees and
their successors be, and they are hereby einpowered to take,
receive and hold all lauds, goods or monies or the interest or
income of them, which have been, or may hereafter be given,
contributed, devised or bequeathed to them or to the said Baptist
Religious Society in Haverhill, for the sup|)ort of the gospel min-
istry in said society, oi' for any other laudable or pious uses con-
nected with said society : provided, that the annual income of
their funds shall never exceed the sum of fifteen hundred dollars ;
and said trustees and their successors or the major part of them
shall have power to sell and convey all such real estate as they
may become seized of, when duly authorized by said society,
at a legal meeting warned for that purpose ; and all sums of
money which said trustees shall receive, ))ursuant to this act,
shall be loaned upon interest and secured by mortgage of land
to twice the amount of the sum loaned, or by sufficient sureties
with the principal, or invested in public funded securities or
bank stock, as they may judge expedient.

Sect. 5. Be it further enacted, That the interest or in-
come of said fund, shall be appropriated and applied to the sup-
port of a settled ordained gospel minister in said society of the
particular baptist sentiments, and shall be annually paid over to
the society's treasurer for that purpose : provided, however, that
no part of the annual interest shall be expended, but shall be
added to the principal, until the fund amounts to the sum of two
thousand dollars ; and not more than two thirds of the annual in-

1823. Chap. 10—11. 101

terest shall be expended, until the fund amounts to the sum of
three thousand dollars ; and whenever said society shall be desti-
tute of a settled minister, no part of the interest of said fund shall
be expended, but shall be added to the principal ; and whatever
is once added to the principal, shall be considered as principal ;
and provided that in all cases in which the donors, or testators
shall limit and a[)point the uses and appropriation of the money or
other property, or the interest or income thereof, by them re-
spectively given or bequeathed, it shall be the duly of said Trus-
tees to use and appropriate the same agreeably to the intention
and appointment of said donors or testators ; and it shall never be
in the power of said trustees, or of said society, to alter or
change the appropriation of said fund, or alienate the same, or
expend any jiortion of the principal thereof.

Sect. 6. Be il further enacted, That it shall be the duly of
said trustees to manage the said fund with care and vigilance, so
as best to promote the design thereof, and to report annually to said
society, at their annual meeting, or to a select committee, if the
society choose one for that purpose, the state of the fund, what
property they hold, and how the same is vested or secured, and
the receipts and expenditures of the preceding year. Their
clerk shall record all votes and doings of the trustees in relation Duties of clerk
to the fund, and certify the same, and shall notify meetings of said ^" "■^"*"'■^'■•
trustees when required by any two of them. The treasurer
shall record and keep an accurate statement of the funds and es-
tate in bis hands, and the nature and amount of every donation or
bequest, the time when made, the design thereof, and the donor's
or testator's name and place of abode at large, with such other
circumstances as said trustees may think proper ; and shall pay
over promptly to the society's treasurer, the interest or income
appropriated to the support of a minister when duly required ;
and the said trustees shall be severally and individually liable to Responsibility
said society, in a special action on the case, for any violation of ° """^^^^■
the provisions of this act, or for any negligence or misconduct in
their respective offices, and the damages recovered shall be for
the benefit of said fund.

Sect. 7. Be it further enacted, That the said trustees shall Compensation
receive no compensation for their services, excepting such as may °*'*''"stees.
be voted them by said society, at a legal meeting ; and David
How, Esquire, is hereby authorized to fix the time and place of
holding the first meeting, and to notify the trustees of the same.
[June 12, 1823.]

An Act to incorporate tlie Elliot Manufacturing Companj'. C^hftll 1 1

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Frederick Cabot, Samuel Cabot, and James Per- poi^ated. '"'^"'^'
kins, their associates, successors, and assigns be, and they here-
by are made a corporation, by the name of the Elliot Manufactur-
ing Company, for the purpose of manufacturing cotton goods at
Newton, in the county of Middlesex ; and for this purpose, shall

102 1823. Chap. 11—14.

Powers and have all the powers and privileges, and be subiect to all the du-

privileges. . , '. ' . y . ' '' , i i • i j

ties and requirements contained in an act passed on the third day
of March, in the year of our Lord, one thousand eight hundred
1808 ch. 65. and nine, entitled "an act defining the general powers and du-
ties of manufacturing corporations," and the several acts in addi-
tion thereto.
Real and per- Sect. 2. Be it further enacted, That said corporation may
sonai estate. |jg lawfully scizcd and possessed of such real estate, not exceed-
ing thirty thousand dollars in value, exclusive of buildings and
improvements that iriay be made thereon by the said corporation,
and of such personal estate, not exceeding three hundred thou-
sand dollars in value, as may be necessary and convenient for
carrying on the manufacture aforesaid. [June 12, 1823.]

(JIldTf, 1 2. -^" ^^"^ ^^ cede to the United Slates the jurisdiction of a site for a Light-House
* on Monamoy Point.

BE it enacted by the Senate and House oj Representatives^
in General Court assembled, and by the authority of the same.
Cession. That the consent of this Commonwealth be, and hereby is

granted to the United States to purchase a tract of land, not
exceeding four acres, which shall be found necessary for the
light-house, authorized by Congress to be built on Monamoy
Point, in the county of Barnstable ; and may hold the same dur-
ing the continuance of the use and appropriation aforesaid : pro-
Proviso, vided, that this Commonwealth shall retain, and does hereby retain,
concurrent jurisdiction with the United States, in and over said
land, so far as that all civil and criminal processes issued under
the authority of this Commonwealth, or any officer thereof, may
be executed on any part of said land, or any building which may
be erected thereon, in the same way and manner as though this
consent had not been granted as aforesaid. [June 12, 1823.]

f^hntt 1A An Act in addition to the Act, entitled, " An Act to incorporate the Union Marine
K^llUjJt 1^. Insurance Conipan}^" and the several acts in addition thereto.

1803 ch. 92. BE it enacted by the Senate and House of Representatives,

1804 hlg"^^ m General Court assembled, and by the authority of the same,
(v. 3. p. 485.) That the act entitled "an act to incorporate Jonathan Mason
Jol!^ '^u' fn' and others, into a company, by the name of the Union Ma-

1816 ch. 59. . -, ' „ ,, 1 1 -11 r

rine Insurance Company, ' passed on the twenty-ninth day oi
February, in the year of our Lord one thousand eight hundred and
four, and an act in addition thereto, passed on the fourth day of
February, one thousand eight hundred and five, also an act in
tended."^ ^''' further addition thereto, passed on the fourth day of December,
one thousand eight hundred and sixteen, shall be and remain in
force for the term of twenty years, from and after the twenty-
ninth day of February, in the year of our Lord one thousand eight
hundred and twenty-four, with all the powers and privileges

1817 ch. 120. granted by an act entitled " an act to define the powers, duties,

and restrictions of insurance companies," passed the sixteenth day

of February, in the year of our Lord one thousand eight hundred

Proviso. and eighteen : provided, however, that said corporation shall be

subject to all the duties and requirements prescribed and con-

1823.— Chap. 14—16. 103

tallied in the said act, entitled " an act to define the powers, du-
ties, and restrictions of insurance companies," and that the said
Union Marine Insurance Company shall be liable to be taxed by Liable to laxa-
any general law providing for the taxation of all similar corpora- ^'°°-
lions. [June 12, 1823.] Add. act, 1830, ch. 3.

An Act in addition to an Act, entitled "An Act to incorporate the Proprietors of Mu- fj/i/ijj 1 Pf
seum Hall, in the town of Boston." I

Sect. 1. BE it enacted by the Senate and House of Rep- isigch. 138.
resentatives, in General Court assembled, and by the authority
of the same, That from and after the passing of this act, the
name of the Proprietors of the Museum Hall shall be changed. Name changed
and the said corporation shall assume, and ever after bear the '" f'^^^y Associ-
name of the Fifty Associates.

Sect. 2. Be it further enacted, That the said corporation Power to in-
may, at any time when they deem it expedient, increase their '^'■^^"^ shares.
present number of shares by a number not exceeding four hun-
dred, and that said four hundred shares shall be held as the com-
mon property of the corporation, until they shall be either divided
among the said fifty associates, pro rata, according to the number
of shares which said associates may at the time possess, or sold,
or otherwise disposed of, in such manner as said associates may
hereafter determine.

Sect. 3. Be it further enacted. That the said corporation Real estate,
is hereby declared and made capable to have, hold, and possess
real, leasehold, or other estate, without and beyond their present
described limits, with full power to build, improve, alter, pull
down, and rebuild, and to manage, exchange, and dispose of the
same, according to the general powers heretofore granted to said
corporation : provided, always, that the provisions hereafter en- proviso,
acted for the purchase of said real estate, shall never be ex-
ceeded.

Sect. 4. Be it further enacted. That when a purchase of Assessments.
real estate is to be made, such an assessment as may be deemed
necessary for said purchase, may be laid on the above mentioned
shares : provided, always, that the amount of all the assessments Proviso,
taken together, on said shares, shall never exceed the sum of two
hundred dollars on each share. [Jtme 12, 1823.]

An Act to incorporate certain persons by the name of the Proprietors of Brookline C/fldTf, \Q,
Classical School. -^

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That John Pierce, Richard Sullivan, Elisha Penni- Persons incor-
man, Henry Coleman, Henry A. S. Dearborn, Henry Oxnard, P"""^^^
Charles Tappan, Lewis Tappan, John Tappan, William R. Lee,
John Robinson, Oliver Whyte, Elijah Corey, Timothy Corey,
Thomas Griggs, Samuel Craft, David S. Greenough, Junior,
Joseph Sevvall, Ebenezer Crafts, James Leeds, Ebenezer Fran-
cis, Ebenezer Heath, Augustus Aspinwall, and Charles Wild,
and their associates and successors be, and they hereby are made
a body politic and corporate, by the name of the Proprietors of
Brookline Classical School ; and by that name may sue and be

104 1823. Chap. 16.

sued in all actions, real, personal, or mixed, and prosecute and de-
fend tlie same to final judgment and execution, and by that name
shall be and continue a body politic forever.
Election of ofii- Sect. 2. lie U further enacted, That said corporation shall
cers andby- ij^ve full power to clcct from time to time such officers as it may
determine to be necessary and convenient for the management of
its concerns, to ascertain their duties and fix ,the tenure of their
offices : and to ordain and establish rules, orders and by-laws not
regugnant to the laws of this Commonwealth, for the regulation
and government of said school.
Amount of cs- Sect. 3. Be it further enuctecl, That said corporation may
tate to be ho!- |jg j^wfully seized and possessed of real estate, the annual income
of which shall not exceed two thousand dollars, and of per-
sonal estate, the annual income of which shall not exceed five
thousand dollars,
g. Sect. 4. Be it further enacted, That the property of said

corporation shall be divided into such number of shares as the
corporation shall, at its first or any subsequent meeting, deter-
mine ; that the shares shall be numbered in progressive order,
and every proprietor shall have a certificate under the seal of the
corporation, signed by the president, and countersigned by the
secretary, certifying his property in such share ; and any share
may be alienated by the proprietor, by deed under his hand and
seal, acknowledged before a justice of the peace, and recorded by
the clerk, in a book to be kept for that purpose : each share shall
entitle the proprietor thereof to one vote at the corporation meet-
ings.
Assessments on Sect. 5. Be it further enacted, That the said corporation
s.hares. may, from time to time, at any legal meeting, assess upon each

share such sum or sums of money as shall be judged by the said
corporation necessary for the building a school-house, keeping the
same in repair, and making such additions thereto, and improve-
ments as the said corporation may from time to time deem expe-
dient. And if the sum assessed on any share shall be in arrear
Shares of tieiin- and unpaid for ten days after the same shall be due, the treasurer
soid"^^ ""^^ ^^ ^^^''^^ ^^^^'^ ^^^^ power and authority to sell such share at public
auction to the highest bidder, the time and place of such sale being
made public at least five days before such sale, in such manner as
the corporation shall have before directed, by some uniform rule
or by-law made for that purpose : and the treasurer shall deduct
from the purchase money so much of the said assessment as shall
be in arrear, and the reasonable charges of sale, and the residue
he shall pay to the delinquent proprietor.
Common seal. Sect. 6. Be it further enacted. That ihe said corporation

may have a common seal, and the same may alter at pleasure.
First meeting-. Sect. 7. Be it further enacted, That the Reverend John
Pierce be, and he hereby is authorized and empowered to call
the first meeting of said corporation, and to fix. the time and place
for holding the same, giving to each proprietor named in this act
a written notice thereof. [June 13, 1823.]

1823. Chap. 17—19 105

All Act in addition lo an Act, entitled "An Act to incorporate the Merrimac Manufac- (7^0». 1 7.
taring Company." -* *

BE it enacted by the Senate and House of Representatives, in I82i ch. 4C.
General Court assembled, and by the authority of the same, That
the Merrimac Manufacturing Company be, and they are hereby increase of cap-
authorized to increase its capital stock by adding thereto the sum "^' stock,
of six hundred thousand dollars, or any smaller sum, and may pur-
chase therewith real estate, not however exceeding in value one
quarter of the sum hereby permitted to be added, exclusive of
buildings and improvements made by said corporation. [June
13, 1823.]

An Act to incoiporatc tiie IBojIston Medical Society of Harvard University. C^flClI). 1 8«

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same. That Enoch Hale, Junior, Zabdiel Boylston Ad- Persons incor-
ams, John Ware, John Phillips Spooner, and David W. Gor- P"""^ ^
tiam, together with such other persons as now are or hereafter
may be associated wiih them, be, and they hereby are incorpora-
ted into a society by the name of the Boylston Medical Society of
Harvard University, for the purpose of promoting emulation and
inquiry among the students at the Medical School connected
with Harvard University, and others ; and by that name shall be Powers and
a corporation forever, with power to have a common seal, to sue P"^'^^®^-
and be sued, to establish by-laws not repugnant to the constitu-
tion and laws of this CommonweaUh, to choose a president and
such other officers, as may be deemed expedient, and to take and
hold any real or personal estate, by gift, grant, purchase, or oth- Real and per^
erwise, and the same to alien or convey, provided the annual in- *°°^' estate,
come thereof sluill not exceed the sum of five hundred dollars.

Sect. 2. Be it further enacted, That the members of said so- Election oftrus-
ciety shall have power to elect annually, seven trustees, who shall
be practising physicians in this Commonwealth, and the Board of
trustees shall have the sole management and control of all the per-
manent funds of said society, but the annual income thereof shall
be disposed of in such manner as the society shall direct.

Sect. 3. Be it further enacted, 'i'hat the persons named ^''■«' Meeting,
in this act, or any three of them, shall have power to call the first
meeting of said society, at such time and in such manner as they
may think proper. [June 13, 1823.]

An Act to incorporate the Trustees of the Ministerial Fund of the First Parish in Long- CkciP, 1 9.
meadow. * *

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That David Booth, Calvin Burt, William White, Persons incor-
Ethan Ely, and Alexander Field, all inhabitants of the first parish P*"'^'®
in Longmeadow, be, and they hereby are constituted a body pol-
itic and corporate, by the name of the Trustees of the Ministerial
Fund in the First Parish in Longmeadow ; and by that name Powers and
shall have perpetual succession , may sue and be sued, plead and P"^'^§f^^'
be impleaded, may have a common seal, and shall possess and

VOL. VI. 14

106

1823.-

-Chap. 19.

May receive and
hold funds.

Provisos.

Number of trus-
tees.

Vacancies, how
filled.

Clerk and treas-
urer.

Trustees to
make report,'
and be responsi-
ble for the fund.

enjoy such other powers and privileges as are incident to corpo-
rations of a like nature.

Sect. 2. Be it further enacted, That the said trustees shall
have power to take and receive into their hands and possession
the whole of the funds at present belonging to said parish, and to
sell the ministry lands, or any part thereof, belonging to said par-
ish, at such time, and in such manner, as the inhabitants of said
parish shall authorize and direct, and to make and execute deeds
thereof to the purchasers, and may receive and hold such further
subscriptions, donations, grants, bequests, and devises, as may
hereafter be made to them, or the inhabitants of said parish ; the
interest of which fund shall be forever appropriated annually
towards the support of such Congregational minister as shall or may
from time to time be ordained over the church and society in said
first parish : provided, however, the annual income of said fund
shall not exceed twelve hundred dollars : and provided, also, that
if the income of said fund shall at any time exceed the amount of
the annual salary of the minister, the surplus may be appropriated
under a vote of the parish to the promotion and encouragement of
church music, and other parochial expenses.

Sect. 3. Be it further enacted. That the inhabitants of said
parish, at any legal meeting to be called for that purpose, within
one year from the passing of this act, may increase the number of
trustees, by electing by ballot, an additional number, not exceed-
ing two, to those named in this act. And if the said inhabitants
shall neglect to make such election, the trustees herein named,
are hereby authorized, if they see fit, to choose an additional
number of trustees, so that the whole number shall never exceed
seven ; and in all cases the attendance of a majority of the board
of trustees shall be requisite for the transaction of business.

Sect. 4. Be it further enacted, That whenever any va-
cancy shall happen among said trustees, by death, resignation,
removal, or otherwise, the said parish, at any legal meeting called
for that purpose, may fill up the vacancy, but if the parish shall
neglect to fill up any such vacancy for the space of three months
after it shall happen, the said trustees are authorized to elect
some suitable inhabitant of said parish, to fill up the vacancy in
their board.

Sect. 5. Be it further enacted, That the said trustees shall
appoint a clerk, who shall be under oath faithfully to record all
the votes and transactions of the board, and a treasurer, who shall
give bond to the trustees and their successors, with sufficient
surety, with condition to do and perform all the duties incumbent
on him as treasurer ; which officers shall hold their respective
offices, until others shall be chosen to succeed them.

Sect. 6. Be it further enacted. That the records and pro-
ceedings of the trustees shall, at all times, be open to the inspec-
tion of any committee, that may be appointed for that purpose on
behalf of the parish, and the trustees shall, whenever called upon
by vote of the parish, make a report of the state of the fund.
And if the said trustees, or either of them, shall suffer the said

1823. Chap. 19—26. 107

fund to be impaired or diminished through their personal miscon-
duct or misapphcation, they shall be severally responsible to the
parish, to make good such loss out of their private estate.

Sect, 7. Be it further enacted, That David Booth be, and First meeting.
he hereby is authorized to call the first meeting of the trustees.
[June 14, 1823.]

An Act for annexing a Gore of land tlierein described with Abel Wesson and John ChCLT), 20.
Wesson, living on the premises, to the town of Grafton. ■*

BE it enacted by the Senate and House of Representatives., in
General Court assembled, and by the authority of the same,
That Abel Wesson and John Wesson, with the following de-
scribed Gore of land, be annexed to the town of Grafton, to wit :
beginning at the northwest corner of the town of Grafton, on
MilJburyline, thence on said Milibury line to the northeast corner
of said town, thence on the same course, north two degrees west,
to Flint's pond, (so called,) thence bounding down said pond to
the outlet thereof, thence down the thread of said outlet, until it
meets Little Blackstone river, thence down the centre of said
river, until it intersects the line of said Grafton, thence on said
Grafton line to the first bounds : and that in future, the said Abel
and John shall be entitled to all the privileges, and subject to all
the duties incident to the inhabitants of said town of Grafton.
[June 14, 1823.]

An Act authorizing the taxing of Pews in the North Meeting-house in Marshfield. Chtttf, 26*

Sect. 1 . BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That the North Parish in Marshfield, in the county of P™ f°^ ""aise
Plymouth, be and hereby are empowered to raise any sum or pairs by tax on
sums of money, which the members of said parish may hereafter, P^^^-
at any legal meeting, called for the purpose, vote to raise for the
repairing and taking care of said meeting-house, and for ringing
and tolling the bell, by a tax on the pews in said meeting-house
in Marshfield.

Sect. 2. Be it further enacted, That, for the equitable Valuation of
apportionment of the taxes to be assessed on said pews, the miuee.'^ ^ *'°'"'
members of said parish or society shall cause a valuation thereof
to be made by a committee, to be chosen by them for that pur-
pose ; and the report of such committee, stating the respective
numbers and value of said pews, shall, when accepted and re-
corded, be binding on all persons interested, for the purpose of
taxation as aforesaid.

Sect. 3. Be it further enacted. That the sums voted to be Money voted,
raised on said pews shall, within six months after such vote, be {"obe^raised.^"
apportioned and assessed thereon, by the assessors of said socie-
ty for the time being, according to such valuation : provided,
however, that said society may by vote except from taxation such
pews as they may think fit, not exceeding three in number on
the lower floor, and as many in the gallery as they may think
proper, and instruct said assessors accordingly, who shall omit
such pews in the assessments.

108 1823. Chap. 26.

Notice of as- Sect. 4. Be it further enacted, That said assessors shall,

sessments. gg ^^^^ gg ^^^ y^^^ make Out a fair and correct hst of the taxes

assessed on each of said pcvvs, according to this act, and dehver
the same to the treasurer of said society ; and it shall be the duty
of said treasurer to give notice of such taxation and assessment
to all concerned, by posting a copy of said list in three public
places in said town, at least twenty days before the expiration of
the time limited by vote of said society for the payment thereof,
and calling on all persons interested therein to pay him the seve-
ral sums so assessed according to the vote aforesaid.
Payment of as- Sect. 5. Be it further enacted, That in case any person,
sessments. having a right to any pew taxed as aforesaid, as tenant thereof,
and notified in manner aforesaid, shall neglect or refuse to pay
said tax according to the vote of said society, it shall be the duty
of said treasurer, (who shall also be collector,) and he is hereby
authorized and empowered to enforce payment thereof by any of
the legal means by which payment of ordinary town or paiish
taxes may be enforced.
Pews may be Sect. 6. Bc it fxirlhcr enacted, That if any person or per-

soid lor taxes, gons, at present entitled, or who shall hereafter become lawfully
entitled to any of said pews, either as owner in fee, or as tenants
for a term of lime exceeding one year, shall neglect or refuse to
pay any tax assessed as aforesaid, after notice thereof as herein
above provided, in the manner and within the time prescribed by
vote of said society, it shall be the duty of said treasurer, and he
is hereby authorized and emj)owcred to sell the jiews thus owned
or held in tenancy, and all the right and title of such owner or
tenant upon which such lax or part thereof shall remain unpaid,
at public auction to the highest bidder ; and his deed to the pur-
chaser, recorded according to law, shall give to the purchaser all
the right, title and interest in such pew, which said former owner
Proviso. or tenant had in and to the same : provided, however, that the

treasurer aforesaid shall, after the expiration of the time limited
by vote of the society for the payment of such tax, give twenty
days notice of the time and place of the vendue, by posting ad-
vertisements in two public places in said town, stating the number
of the pew to be sold, and the tax due upon it ; and the remedy
provided in this section shall be the only mode of collecting said
taxes, in all cases where the owner or tenant has, or shall have
a right, as owner or tenant, to any pew so taxed for a term of
time exceeding one year.
Adjournment of Sect. 7. Be it ftirther enacted, That if the treasurer shall
sales. deem an adjournment of his sales necessary, he may adjourn

from time to time, not exceeding seven days at one time, until
they be completed ; and in all cases he shall pay over to the
former owner or tenant, the balance of monies in his hands aris-
ing from such sales, after deducting the taxes due, and his own
reasonable charges for advertising and selling the same.
Owner may re- Sect. 8. Be it further enacted. That the owner or propri-
deem pew sold. gj^j. q(" g^y. pg^y g^jj gg aforesaid, may, at any time before the
expiration of six months from the time of said sale, redeem the

1823. Chap. 26—27. 109

same by paying to the purchaser, liis heirs or assigns the amount
of the purchase money with interest, who shall thereupon recon-
vey the same to such owner or proprietor, iiis heirs or assigns.
[June 14, 1823.]

An Act to incorporate the North Parish CongregationaJ Funding Society in Wrent- (Jh/iri 27

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That Caleb Sayles, Daniel Cook, Ebenezer Blake, Persons incor-
Claudius D. Hayward, Anson Mann, Duty Sayles, Asa Hard- pofa'"'-
ing, .Joseph Ware, Benjamin Rock wood, David Pond, Metcalf
Merrifield, .Tosiah Codding, Asa Ware, Josiah Ware, Asa
Ware, Junior, Jacob Pond, Darius Ware, Solomon Blake,
Stephen Turner, Samuel Pond, Jared Wilson, Enoch Wilson,
Amos Ware, George Blinn, Simeon Thompson, Junior, with
such as may hereafter be associated with them, be, and they
hereby are incorporated into a society, by the name of the North
Parish Congregational Funding Society in Wrentham ; with
power to have a common seal, to sue and be sued, and to make Powers and
by-laws, rules and regulations for the government of said society : privileges.
provided, the same be not repugnant to the constitution and laws
of this CoiTimon wealth.

Sect. 2. Be it further enacted, That said society, at a legal Number of trus-
meeting thereof, may have power to choose five trustees, who '^^^"
shall have the management of the prudential affairs of the society,
call annual meetings and all other meetings thereof, by causing
notifications of the same to be posted by their clerk, at the parish
meeting-house, seven days at least before said meetings ; a clerk. Clerk,
who shall be sworn by the moderator of the meeting, or some
justice of the peace, to the faithful discharge of his duty, and who
shall record all the votes of the society, and notify all meetings,
when thereunto directed by the trustees as aforesaid ; a treasurer. Treasurer—
who shall give bonds in such manner as the trustees shall direct,
and receive into his hands all notes, monies and other property nioney°wi?hout
of said society, and, under the direction of the trustees aforesaid, orderoftrusiees.
shall put the same to use, or vest the same in stocks, or banks, ^ ' ■'
or loans on interest, as they may direct.

Sect. 3. Be it further enacted. That said society shall Time of meet-
meet annually for the transaction of business, and the choice of '"^'
their officers, at or about the time of the annual parish meetings,
at which time the trustees shall exhibit a fair statement of their
proceedings, and of the state of the funds of said society ; and
the income of the same, after deducting society charges, shall be
annually appropriated for the support of a calvinistic congrega-
tional minister in said north parish ; and for that purpose the Appropriation
treasurer of said parish is hereby authorized to demand and re- °^ '"come.
ceive the same annually.

Sect. 4. Be it further enacted. That said society shall be. Power to re-
and hereby are made capable in law of receiving and holding any *^^'^'® '"°'^*"
grants or devises of lands or tenements in fee simple, and any do-
nations and bequests of money, or other personal estate, to any

no 1823. Chap. 27—29.

amount, for the purposes aforesaid : provided, the annual income
thereof shall not exceed the sum of six hundred dollars.

Membership. Sect. 5. Be it further enacted, That said society, at any-

legal meeting thereof, may have the power of admitting new
members, by their paying or securing to the treasurer thereof a
sum of money, not less than sixteen dollars and sixty-seven cents
each ; and of dismissing any member therefrom, by returning the
capital of his subscription, whenever he may remove from said
parish, not having owned any real estate therein.

First nicctiii". Sect. G. Be it further enacted, That Caleb Sayles be here-
by authorized to call the first meeting of said society, by posting
up a notification of the time and place for the same, at said parish
meeting-house, seven days at least previous to said meeting.
[June 14, 1S23.] Add. act, 1825 ch. 39.

CIl(lV> 28. ^^" '"^''^ '" **"' of '^i"^iS''i I>;iilcy and Caleb Bailc3-, Junior, with their estates, from the
-t ' ' town of Scituale, and annex ihcm to the town of Cohasset.

BE it enacted hy the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
A.andC.Baiiey That Amasa Bailey and Caleb Bailey, Junior, with their dwell-
hasTe't^ '° ° J"oi buildings, and homestead, containing about ninety acres of
land, be, and they hereby are set off from said town of Scituate,
in the counly of Plymouth, and annexed to the town of Cohasset,
in the county of Norfolk : and they shall hereafter be subject to
all the duties, and entitled to all [the] privileges of inhabitants of
said town of Cohasset: provided, nevertheless, said Amasa Bailey
and Caleb Bailey, Junior, shall be liable to pay all taxes that
have been legally assessed upon them bv said town of vScituate.
[June 14, 1823.]

y-f» oQ An Act in addition to an Act, entitled "An Act to incorporate the West Boylston

K^flCip. Zi7. Manufacturing Company."

1813 ch. 84. Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority of

Meeting of the samc. That Alpheus Smith be authorized to call a meeting

^"'n 'd'**''^^''* of the stockholders and proprietors of the West Boylston Manu-
facturing Company, at such time and place within the town of
West Boylston, in the county of Worcester, as he may think
proper, by publishing the same three weeks successively, in the
Massachusetts Spy, printed in Worcester, the last publication to
be seven days at least previous to said meeting.

Reorganization. Sect. 2. Be it further enacted by the authority aforesaid,
That, at such meeting, said proprietors and stockholders may
proceed to organize their corporation, choose officers, make by-
laws, and do all acts and things that grantees of a charter of in-
corporation may usually by law do at their first meeting, con-
formably to the constitution and laws of this Commonwealth.
And all matters and things done at said meeting, and afterwards
upon the organization of said corporation, shall be legal and bind-
ing to all intents and purposes, in the same way and manner they
would have been, if said corporation had continued legally organ-
ized and in operation. [June 14, 1823.]

1823. Chap. 30. Ill

An Act to incorporate the Proprietors of the ftleetiiiof-house of the Second Conefreira- /"'/i/^»-, Qr\
tional Society In Lynn. ^° CUap. ^0.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Benjamin Massey, Henry A. Breed, Winilirop Persons incor-
Newhall, William B. Breed, William Chadvvcll, and their asso- P^^atcd.
ciates, successors and assigns, are hereby constituted and made
a body politic and corporate, by the name of the Proprietors of
the Second Congregational Church in Lynn, and may by that Powers and
name sue and be sued, defend and be defended, in all actions, P'''^''^g^^-
real, personal or niixed, in which the said corporation may be
concerned, and may establish by-laws and regulations, not repug-
nant to the constitution and laws of the Commonwealth ; and
shall, in the month of March or April, annually, choose by bal-
lot, a board of trustees, consisting of not less than five, and not Board of trus-
more than seven, a majority of whom shall be a quorum for doing '^^^'
business ; and the said trustees shall, at their first meeting, and
annually afterwards, choose a president from their own number,
who shall preside at all meetings of the trustees, and of the cor-
poration. And the secretary, treasurer and collector, chosen by
the society, shall be secretary, treasurer and collector for the
corporation.

Sect. 2. Be it further enacted, That the proprietors, at Way raise mon-
their first meeting, and at their annual meetings afterwards, may ^yior expenses,
vote and raise such sum or sums of money as shall be necessary
for the enlarging their meeting-house, and keeping the same in
repair, and for all other purposes necessarily incident to the ex-
penses of said society ; especially for the support and mainte-
nance of public worship : which sum or sums shall be assessed
on the said proprietors, according to a valuation of their pews in
the said meeting-house. And any person purchasing a pew, or
half of a pew in said meeting-house, shall be a proprietor, who
may vote in all the concerns of the said corporation, which pew,
or part of a pew, shall be holden for the payment of all assess-
ments : and any proprietor neglecting or refusing to pay the same Pewsmaybe
for three months after it shall become due, the collector may sold fomon-
sell the same at public auction, by posting notices of such sale at sessments°
the meeting-house seven days at least before the day of sale, and
by notifying the proprietor in writing at least two days before the
time of sale, and the overplus (if there be any) after paying the
expenses, shall be paid to the said proprietor. And any person, Owner may re-
whose {)ew, or share in a pew, shall be sold as aforesaid, may '^''*''"-
redeem the same, by paying to the purchaser the amount of the
purchase money, with interest, at any time before the expiration
of six months from the time of said sale, and the purchaser shall
thereupon reconvey the same to such proprietor.

Sect. 3. Be it further enacted, That all deeds of pews or Deeds,
other property shall be signed by the president of the board of
trustees, and attested by the secretary, and by him shall be re-
corded in a book to be kept for that purpose ; which record
shall be valid in law, and equivalent to being recorded in the

112

1823.-

-Chap. 30—31.

Responsibility
of trustees.

Chap. 31.

Town incorpo-
rated.

Payment of ar-
rears of taxes.

Entitled to pro-
portion of prop-
erty.

Support of the
poor.

First meetins

registry for the county : and all monies arising from the sale of
pews, (after paying for building the meeting-house and all other
expenses) and donations made to the proprietors, or however
otherwise, shall be placed in a fund, the interest of which shall
be for the support of public worship (excepting otherwise appro-
priated by the donor,) which fund shall be under the care and
direction of the trustees, who shall be held individually accounta-
ble for the funds with which they are entrusted during the term
of their continuing in office, and shall annually render an account
of the funds to the corporation : provided, hoicever, that the an-
nual income of said fund shall not exceed one thousand dollars.
[June 14, 1823.]

An Act to establish the town of East Kridgewater.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That the P^ast parish of Bridgewater, according to
the territorial limits thereof, be, and the same is hereby incorpo-
rated into a town, by the name of East Bridgewater, and invested
with all the powers and privileges, and subject to all the duties
and requisitions, to which towns in this Commonwealih are by
the constitution and laws entitled and subjected.

Sect. 2. Be it further enacted, That the inhabitants of
said town of East Bridgewater shall be holden to pay all arrears
of taxes, which have been assessed, or directed to be assessed,
upon them by the town of Bridgewater, and shall be entitled to
receive, hold, and enjoy such proportion of all debts and taxes
now due, and assessments voted to said town of Bridgewater, and
such proportion of all the privileges and ])roperty, real or per-
sonal, now belonging to said town of Bridgewater, of what kind
soever it may be, as the property of the said inhabitants of East
Bridgewater bears to the property of all the inhabitants of said town
of Bridgewater, according to the latest valuation thereof ; and they
shall be holden to pay their proportion, to be ascertained as afore-
said, of all the debts now due and owing from said town of Bridge-
water.

Sect. 3. Be it further enacted. That the said town of East
Bridgewater shall be holden to support their proportion of the
poor of the town of Bridgewater, which are now chargeable to said
town, which proportion shall be ascertained by the present valu-
ation of said town, and all persons who may hereafter become
chargeable as paupers to the said town of Bridgewater, or East
Bridgewater, shall be considered as belonging to that town, on the
territory of which they had their setdement at the time of passing
this act, and shall in future be chargeable to that town only.

Sect. 4. Be it further enacted, That any justice of the
peace for the county of Plymouth is hereby authorized to issue
his warrant, directed to any freeholder of said town of East
Bridgewater, requiring him to warn the inhabitants thereof 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. [June 14, 1823.]

1823. Chap. 32—34. 113

An Act to incorporate the Uristol County Agricultural Society. Chctt). 32.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the authority of
the same, That Samuel Crocker, Pitt Clark, Otis Thompson, Persons incor-
Francis Baylies, Alvin Cobb, David G. W. Cobb, James L. P°'^'° "
Hod2;es, Horatio Leonard, Peter Thacher, Asahel Bliss, Ro-
land Howard, Thomas Almy, Luther Hamilton, Jesse Smith,
Junior, Dan Wilmuth, Junior, together with such others as are
now associated, or may hereafter associate with them, and their
successors, be, and tiiey are hereby made a corporation by the
name of the Bristol County Agricultural Society; and for this
purpose, shall have the same powers and privileges, and be sub- Powers and
ject to the like duties and restrictions, as the other incorporated pf'^iieges.
agricultural societies in this Commonwealth ; and the said corpo-
ration may lawfully hold and possess real estate, not exceeding Real and per-
tvventy thousand dollars, and personal estate, the annual income ^''"^ estate,
whereof shall not exceed five thousand dollars, and also have
power to sell, alien, and dispose of the same estate, real and per-
sonal, not using the same in trade or commerce.

Sect. 2. Be it further enacted, That Samuel Crocker, Es- First meeting,
quire, of Taunton, in said county, be, and he is hereby author-
ized to notify and call the first meeting of the society aforesaid,
for the purpose of organizing the same, and for establishing rules
and by-laws for the government of the same, not repugnant to the
constitution and laws of this Commonwealth, by giving public no-
tice of the time and place of holding said meeting, two weeks in
the newspaper printed in said Taunton. [June 14, 1823.]

An Act lor the relief of the Danvers Cotton Factory, in Danvers. f^hrtn ^*^

BE it enacted by the Senate and House of Representatives, in
General Court assembled^ and by the authority of the same, That ^^^^ *^''im'\
the laws heretofore passed relative to alewives in the waters run- i8io c'h. ii7.
ning into Ipswich river, be, and they hereby are repealed, so far }3!?'^{''9|^'
as not to require the continuance offish-ways at the Danvers Cot-
ton Factory, in the town of Danvers, or in the stream running
thither from Humphrey's pond. [June 14, 182.3.]

An Act in addition to an Act to incorporate the Massachusetts Hospital Life Insu- v_//tt*p» O^.
ranee Company.

BE it enacted by the Senate and House of Representatives, in c . .
General Court assembled, and by the authority of the same, That
the said corporation may from time to time invest all monies held modes"^"*
by them for the purchase of annuities, or in trust for, and during
the lives of any person or persons, in notes secured by mortgage
of real estate, or by collateral assignment of any of the species of
stocks mentioned in the fifth section of an act, entitled " an act 1817 ch. 180.
to incorporate the Massachusetts Hospital Life Insurance Com-
pany," passed February twenty-fourth, in the year of our Lord
one thousand eight hundred and eighteen, and also, that all poli-
cies, contracts, or other instruments, whether under seal or not,
made in the name of said corporation, and signed by the secretary
or actuary, shall be as good and valid, to all intents, as if the

VOL. VI. 15

114

1823.-

-Chap. 34—36.

Chap 35.

Persons incor-
porated.

Powers and
privileges.

Real and per-
sonal estate.

Election of
officers.

By-lawg.

First meeting.

same had been made and executed by the president and directors
of said corporation. [June 14, 1823. J Add. act, 1823, ch. 51.

An Act to incorporate the Second Baptist Society in Haverhill.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Benjamin Chase, Cutting Moody, Wilham D.
S. Chase, with their associates and successors, be, and they
hereby are incorporated, for reli2,ious purposes only, into a
society, by the name of the Second Baptist Society in Haverhill,
with all the powers, privileges, and immunities to which other re-
ligious societies are entitled by the constitution and laws of this
Commonwealth. And said corporation is hereby authorized and
empowered to take, purchase, and hold all real and personal estate
necessary and convenient for the purposes aforesaid : provided,
that the income of the whole estate of said corporation, exclusive
of the meetiug-house and land tinder the same, shall not ex-
ceed one thousand dollars.

Sect. 2. Be it further enacted, That the said society may
have power to elect all necessary officers, and to order and estab-
lish such regulations, rules, and by-laws for their government, and
for the management of their property and concerns as they may
see fit : provided, the same be not repugnant to the constitution
and laws of this Commonwealth.

Sect. 3. Be it further enacted, That any justice of the
peace for the county of Essex, upon application therefor, is
hereby empowered to issue a warrant directed to a member of the
said baptist society in Haverhill, requiring him to notify and warn
the members thereof, to meet at such convenient time and place
as shall be appointed in said warrant, to organize the said society
by the appointment of its officers. [June 14,1823.]

Chap. 36.

Persons'^incor-
porated.

Powers and
privileges.

Eeal and per-
sonal estate.

First meeting.

An Act to incorporate a religious society by the name of the Christian Society, in the
city of Boston.

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That .Jacob Tidd, Moses Howe, William Gridley,
Junior, Benjamin Binney, Thomas Mickle, Loring Newcomb,
John G. Loring, Abner Bowman, Lewis Wilder, and Ezra Bur-
ley, and all others who may associate with them, and their suc-
cessors, be, and they hereby are incorporated as a religious
society, by the name of the Christian Society in the city of Bos-
ton, with all the privileges, powers, and immunities, to which
other religious societies in this Commonwealth are by law entitled.

Sect. 2. Be it further enacted, That the said society shall
be capable in law to purchase, hold, and dispose of any real or
personal estate, for the use of said society, the annual income of
which shall not exceed four thousand dollars.

Sect. 3. Be it further enacted. That Jacob Tidd, Moses
Howe, and William Gridley, Junior, or either of them, may call
a meeting of said corporation, by an advertisement printed in a
public newspaper in said Boston, ten days at least before the time

1823. Chap. 36—38. 116

of such meeting ; at which meeting said corporation may agree
upon the mode of calHng future meetings, elect a moderator, clerk,
treasurer, and such other officers as they may deem necessary,
and establish by-laws for the government of said society. [June
14, 1823.]

An Act empowering the Massachuselts Mutual Fire Insurance Company to invest L'flCip, Ol,

their funds.

BE it enacted by the Senate and House of Representatives, ll^l'^^'^i^'
in General Court assembled, and by the authority of the same, i82i ch. 33."
That the corporation, known by the name of the Massachusetts Funds, how in-
Mutual Fire Insurance Company, be, and the same hereby is vested,
authorized and empowered to invest the funds of said corporation
to such extent as said corporation may see fit, in promissory
notes of the treasurer of the city of Boston, in the county of Suf-
folk. [June 14, 1823.] Add. act, 1829, ch. 14.

An Act to change the names of [//le] persons therein mentioned. i^lKXTO. 00»

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That from and after the passing of this act, the several persons
herein named, shall be known and called by the names they are
respectively allowed to assume, namely, — that William Adams, Persons whose
of Boston, schoolmaster, may take the name of William .Joseph changed^^
Adams ; that Guy Middleton, of Lee, laborer, may take the name
of John Middleton ; that John Andrews, of Boston, founder,
may take the name of George Canning Franklin Andrews ; that
Mary Poor, of Haverhill, single-woman, may take the name of
Mary Sargent Poor ; that Minerva Parker, of Hawley, may take
the name of Catharine Minerva Lilley ; that John Bridge, Junior,
of Boston, may take the name of John Dana Bridge ; that Tim-
othy Morrill, Junior, of Salisbury, trader, may take the name of
Timothy Pilsbury Morrill ; that Catharine Hannah Adams Wil-
lard, of Charlestown, may take the name of Catharine Hannah
Adams ; that Peter Dow, of Haverhill, housewright, may take
the name of Charles W. Dow ; that Ezra Gates, of Ashby, may
take the name of Ezra Coolidge Gates ; that John Stevens, of
West Newbury, may take the name of Luther Green Stevens ;
that Reuben Stack pole, of Boston, may take the name of Reu-
ben Markham Stackpole ; that Tabitha Henderson, of Charles-
town, single-woman, may take the name of Tabitha Wilder ;
that Elisha Williams, of Boston, may take the name of Elisha
Scott Williams ; that Edmund Colburn, of Boston, may take the
name of Edmund Wesley Colburn ; that William Trowbridge, of
Worcester, mechanic, may take the name of William Frederick
Trowbridge ; that Mariet Jones, of Boston, single-woman, may
take the name of Maria Jones ; that Asa Green, of Northborough,
may take the name of Asahel Wood Green ; that Oliver Web-
ster, of Otis, a minor, may take the name of Oliver Post Web-
ster ; that George Wells, a member of Harvard University, may
take the name of George Wadsworth Wells. And the said sev-
eral persons before named shall hereafter be called and known by

116

1822.-

-Chap. 38—42.

Chap. 41

No person to
use seines.

Who are privi-
leged to take
fish.

Penalties, how
recoverable.

Chap. 42.

Persons incor-
porated.

Powers and
privileg-es.

1808 ch. 65.

Real and per-
sonal estate.

the names, which by this act they are respectively allowed to as-
sume as aforesaid ; and the same sliali be considered as their only
proper and legal names. [June 14, 1823.]

An Act to regulate the fishery in Neponset river, in the towns of Dorchester and

Milton.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That from and after the passing of this act, no person
or persons shall be allowed to put or draw any seine, or seines,
whatever, in Neponsei river, so far as that river forms any part of
the dividing line between the towns of Dorchester and Milton,
for the taking of fish called sn)elts and eels ; and every person
who shall presume to lake any fish, called smelts and eels, with
a seine, from said river, shall incur and pay a penalty of five dol-
lars for every such offence.

Sect. 2. Be itfurtJier enacted. That no person or persons,
excepting the inhabitants of the towns of Dorchester and Milton,
shall be allowed to take from said river, within the limits afore-
said, in any way whatsoever, any of the fish called smelts and
eels, unless by permission of one or more of the selectmen of
said towns, and any person not an inhabitant of said towns who
shall presume to take any of said fish, unless by such permission,
shall incur a penalty of five dollars for every offence.

Sect. 3. Be it further enacted. That all penalties incurred
by a breach of this act, may be prosecuted and sued for before
any justice of the peace for the county of Norfolk, by any of the
inhabitants of either of said towns, for the use of him or them who
shall sue for and recover the same, [June 14, 1823.]

An Act incorporaling the Newlon Factories.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Rufus Ellis, David Ellis, .Jonathan Chap-
man, and Jonathan Mason, together with such others as have
associated, or may hereafter associate with them, their successors
and assigns, be, and hereby are made a corporation, by the name
of the Newton Factories, for the purpose of manufacturing wool-
len, cotton, and iron ; and for those purposes, shall have all the
powers and privileges, and be subject to all the duties and require-
ments contained in an act " defining the general powers and duties
of manufacturing corporations," passed the third day of March in
the year of our Lord one thousand eight hundred and nine, and
the several acts in addition thereto.

Sect. 2. Be it further enacted. That the said corporation
may lawfully hold and possess such real estate, not exceeding the
value of one hundred thousand dollars, and such personal estate
not exceeding the value of two hundred thousand dollars, as may
be convenient and necessary for carrying on the said manufacto-
ries. [Jimel4, 1823.]

1823. Chap. 43. 117

An Act to establish a fund for the support of the gospel ministry in the South Parish {^jfi/jri AQ
of (he town of Reading-, in the county of Middlesex, and to appoint trustees for the '»'"/'• 'xnJ.
management theicof.

Sect. I. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Edmund Parker, Esquire, John Bachelor, Ebe- Persons incor-
nezer Emerson, Capt. Timothy Wakefield, Junior, and Thomas po^ated.
Svveetser, be, and ihey are hereby constituted a body politic and
corporate, by the name of the Trustees of the South Parish in
Reading Ministerial Fund ; and they and their several successors
in their respective offices, shall continue a body politic and cor-
porate by that name forever ; and by the same name, may sue Powers,
and be sued in all actions, and pursue and defend the same to final
judgment and execution : provided, always, that, at the expiration Proviso,
of five years from the first Thursday of March, A. D. 1823, and
once in five years forever after, the legal voters of said parish, at
their annual meeting in March, may elect a new board of trustees,
or fill any vacancies which may happen in the old board, by
death, resignation, or otherwise ; all vacancies that may happen
in the board of trustees, during the term of five years for which
they were chosen, shall be filled by the remaining trustees.

Sect. 2. Be it further enacted. That any gift, grant, be- Real and per-
quest, or devise hereafter made to said trustees, shall be valid and *°"*' estate,
effectual to all intents and purposes whatever ; and they and their
successors, as aforesaid, are hereby empowered by purchase or
operation of law, to take, have, hold, use, and improve and man-
age any estate, real or personal, the annual income whereof shall
not exceed the sum of two thousand dollars, in trust for the sup-
port and maintenance of the gospel ministry in said parish ; and
whenever the net annual income or interest of such fund or estate Appropriation
shall amount to the sum of three hundred dollars, and not before, of'^come.
the said trustees shall proceed to pay the same quarterly, to such
teacher of religion as shall be regularly ordained and settled in said
parish, by the joint concurrence of the inhabitants and church
thereof : and such teacher of religion shall be entitled to recover
the same by action of debt against said trustees ; and during any
vacancy, in said parish, of a regular ordained and settled minister,
they shall appropriate such income or interest to the increase of
the principal fund, any thing herein to the contrary notwithstand-
ing-

Sect. 3. Be it further enacted, That it shall be, and it is Ministerial
hereby made the duty of the said trustees and their successors to '^"'^^^
use, manage, and improve all ministerial lands of said parish, ex-
cept what may be improved by their minister, in such way and
manner as in their discretion and judgment will best obtain and
secure the end of their incorporation ; and they are also hereby
authorized and empowered to lease, sell, or convey in fee simple,
or otherwise, all, or any part of said ministerial land, and for that
purpose, to make, execute, and acknowledge any good and suffi-
cient deed or deeds thereof.

Sect. 4. Beit further enacted^ That the said trustees may Meetings,
assemble and meet together as often as they may think necessary

118 1823. Chap. 43.

for the promotion of their trust, any three of whom shall consti-
tute a board for doing business, but the concurrence of three, at
least, shall be requisite for every act and proceeding whatever ;
they may determine tlie manner of calling meetings, they may ap-
May appoint ne- point a clcrk and agent, or agents, and other needful officers, and
cessary officers, committees, they may make reasonable rules, regulations, and

and make by. ' •' "^ , • r i i i i °r

laws. by-laws, and annex penalties lor the breach tliereot, not repug-

nant to the laws of this Commonwealth ; they may have a com-
mon seal, and change the same at pleasure, and they may alienate,
by good and sufficient deeds in law, any real estate, the title
whereof shall be vested in them by way of mortgage, or by ope-
ration of law.
Duty of clerk. Sect. 5. Be it furthc)' enacted, That the clerk of said cor-
poration, who shall be a member thereof, and shall be sworn in
the same manner as town officers are, to the faithful performance
of the duties of his office, shall have the care and custody of all
papers and documents belonging to said trustees, and shall care-
fully and fairly record all their votes and proceedings in a book
kept for that purpose, and shall certify the same when thereunto
required ; and he shall call meetings when he may think the
same necessary, or when thereto required by said trustees ; and
do whatever else may be incident to said office ; and he shall
deliver up to his successor in office, as soon as may be, all the
records, papers and documents in his hands, in good order and
Penally for ne- Condition ; and if he shall neglect so to do for the space of thirty
e'^<='- days next after such successor shall be duly appointed, he shall

forfeit and pay a fine of fifty dollars, and a further sum of thirty
dollars per month for such neglect.
Duly of ireasur- Sect. G. Be it further enacted, That said trustees shall ap-
*^''" point one of their board to be treasurer for said trustees and the

receiver of all monies and effects due, owing and coming to them,
and may demand, sue for and recover the same in liieir name,
unless prohibited by them ; and he shall have the care and cus-
tody of all the money and effects, obligations and securities for
the payment of money or other things, and all evidences of prop-
erty belonging to said trustees, and be accountable to them
therefor, and shall dispose of the same as they shall order and
direct, and shall render an account of his doings, and exhibit a
fair and regular statement of the property and evidences of prop-
erty in his hands whenever they shall require the same to be
done ; and he shall deliver up to his successor in office, as soon
as may be, all books and papers, property and evidences of
property in his hands, in good order and condition ; and shall
give bonds to said trustees and their successors, with sufficient
sureties to be approved by them in the penal sum of ten thousand
dollars, at least, conditioned to do and perform all the duties
Penalty for ne- incumbent On him as treasurer ; and if he shall fail to deliver up
s'^*^'" the same as aforesaid, or neglect to give bond as aforesaid, for

the space of thirty days next after such treasurer shall be duly
chosen, he shall forfeit and pay a fine of fifty dollars, and a fur-
ther sum of thirty dollars per month for such failure or neglect
afterwards.

1823. Chap. 43. 119

Sect. 7. Be it further enacted^ That it shall be the duty of Duty ofims-
said trustees to use and improve such fund or estate as shall be ^^^^'
vested in them by virtue of this act with care and vigilance, so
as best to promote the design thereof; and they shall be amena-
ble to the inhabitants of said parish for negligence or misconduct
in the management or disposition thereof, whereby the same shall
be impaired, or suffer loss, waste or diminution ; and the inhabi- Responsibility
tants of said parish may have and maintain a special action of the *"■ "^s '&^"*=®-
case against the proper persons of said trustees, and their goods
and estates, jointly and severally, for such negligence or mis-
conduct, and recover adequate damages therefor ; and any sum
recovered shall be deemed to be for the benefit of said fund, and
shall be paid to said trustees who may have an action of debt
therefor accordingly.

Sect. 8. Be it further enacted^ That the said trustees shall Funds.
cause to be recorded and kept in their book of records by their
clerk a statement of the funds and estate in their hands, wherein
shall be particularly designated the nature and amount of each
original grant or donation, the period when made, the design
thereof, and the donor's or grantor's name and place of abode at
large, with such other circumstances as they may think useful or
proper to distinguish the same, and perpetuate the remembrance
thereof; and they shall make report of such statement to the
inhabitants of said parish at their meeting in the month of March
or April annually, where the same shall be publicly read, or to a
select committee if said parish shall choose one for that purpose,
together with a specific estimate of what estate they actually
hold, and by what tenure : what money and effects are due to Receipts and
them, and how the same are secured, and what receipts have ^''P^"^'^"''^^-
been obtained, and disbursements made by them the preceding
year.

Sect. 9. Be it further enacted, That the said trustees shall Money to be
always loan upon interest all money belonging to said funds, in g°t."^ onmer-
sums of not less than two hundred dollars each, and for the term
of one year, upon the bond or note of the borrower, with a mort-
gage of real estate to three times the value of the sums loaned as
collateral security for the repayment of the principal sum, with
interest annually till paid ; and if any debtor to said corporation
shall fail to pay the interest due on his bond or note for the space
of ten days after the same shall become due, it shall be the duty
of said treasurer to cause such bond or note and mortgage, to be
put in suit, and prosecuted, until it shall be obtained.

Sect. 10. Be it further enacted, That if the said trustees Trustees to pay
shall fail to pay the annual income of said fund to the settled over the income,
minister as herein before provided, for the space of thirty days
after the same shall become payable as aforesaid, or if they shall
neglect to make report to said parish in the month of March or
April annually, or to a select committee as in this act directed,
they shall severally forfeit for each offence the sum of fifty dol- Penalty for ne-
lars, and the further sum of thirty dollars per month afterwards, ^®*^"
until they shall make payment of said income as aforesaid, saving

120

1823,

-Chap. 43—44.

Compensation
of trustees.

Fines recovera-

always that the trustees shall not be liable for the forfeiture afore-
said for non-payment of said income, if they shall prosecute, as
before in this act provided, within thirty days after the same shall
become due for tlie recovery thereof.

Sect. 11. Be it further enacted, That the said trustees shall
be entitled to receive a reasonable compensation to be paid by
said parish, for their services in managing and taking care of said
funds and estate ; but no part of such funds or estate, or the in-
come thereof, shall ever be appropriated to that purpose.

Sect. 12. Be it further enacted., That all fines and forfeit-

bie by action of u,-es, incurred for any breach of this act, shall and may be recov-
ered by action of debt by the inhabitants of said parish, if they
shall sue for the same within six months after the same shall be
incurred, to the use and benefit of said fund, to be paid to said
trustees accordingly, otherwise by any person who shall sue
therefor, one moiety thereof to his own use, and the other moiety
thereof to the use and benefit of said fund, and shall be paid to
said trustees accordingly, and by this act they may have an action
of debt, to recover the same.

First Meeting. Sect. 13. Be it further enacted. That Timothy Wakefield,
Esquire, is hereby authorized and directed to appoint the time
and place for holding the first meeting of said trustees, and to
warn such meeting accordingly. [^June 14, 1S23.] Add. act,
1824 ch. 25.

Chap, 44.

Persons incor-
porated.

Powers and
privileges.

Real and per-
sonal estate.

First meeting.

An Act to incorporate the Twelfth Congregational Society in the city of Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That George W. Otis, Benjamin French, Thomas
Powers, Samuel B. Doane and .Tohn de Wolf, and all others
who may associate with them, and their successors, be, and they
hereby are incorporated as a religious society, by the name of the
Twelfth Congregational Society in the city of Boston, with all
the privileges, powers and immunities, to which other religious
societies in this Commonwealth are entitled by law, and the con-
stitution thert^of.

Sect. 2. Be it further enacted. That the said society shall
be capable in law to purchase, hold and dispose of any estate,
real or personal, for the use of said society : provided, the annual
income thereof shall not exceed at any time the value of five
thousand dollars.

Sect. 3. Be it further enacted. That any justice of the
peace for the county of Suffolk be and he hereby is authorized
to issue his warrant to any member of said society, requiring hira
to warn the members thereof to meet at such convenient time
and place in the city of Boston as shall be therein directed, to
choose a clerk, a treasurer, and such other officers, committee
or committees as they may deem needful. [June 14, 1823.]

1823. Chap. 45—46. 121

An Act to incorporate the Braiiitrec Manufactory. ChcLTI 4^

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same., That Ezra Hyde, Jacob Perkins, Increase Robinson, Persons incor-
Nathan Lazel), Junior, with such other persons as have ah-eady P"''^'*^''-
or may hereafter associate with them, their successors and assigns,
be, and they hereby are made a corporation, by the name of the
Braintree Manufacturing Company, for the purpose of manufac-
turing cotton gins, ironworks, and machinery, in the town of
Braintree, in the county of Norfolk ; and for those purposes, powers and
shall have all ilie powei's and privileges, and be subject to all the pr'^^'ieges.
duties and requirements contained in an act made and passed on
the third day of March, in the year of our Lord, one thousand 1808 ch. 65.
eight hundred and nine, entitled " an act defining the general
powers and duties of manufacturing corporations," and the sev-
eral acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may be lawfully seized and possessed of such real estate, not ex- ^<'"^' ^^'ate.
Deeding fifty thousand dollars, and such personal estate, not ex-
ceeding one hundred thousand dollars, as may be necessary and
convenient for the purposes aforesaid. [June 14, 1823.]

An Act to incorporate the Trustees of the Methodist Religious Society in Cambridge. (JJinr) Afi

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Amos Binney, John Clark, William Granville, Persons incor-
Deming Jarves, Atherton H. Stevens, Joseph Capewell, and po'atcd.
Joseph Stone, be, and they hereby are incorporated into a body
politic, by the name of the Trustees of the Methodist Religious
Society in Cambridge, and by that natne, they and their succes-
sors in oflice, shall be a corporation forever.

Sect. 2. Be it further enacted. That the said trustees may Real and per-
have and hold any real or personal estate in the town of Cam- *°"^'^^*^'e-
bridge, not exceeding the sum of fifty thousand dollars, for the
benefit and in behalf of the Methodist Religious Society in Cam-
bridge, and the same, manage and improve, or sell and convey as
the case may require, subject, moreover, to such rules and regu-
lations as may be prescribed and adopted by a majority of the
male members of said Methodist Religious Society, at any annual
meeting thereof, not inconsistent with the constitution or laws of
this Commonwealth.

Sect. .3. Be it further enacted. That whenever any va- Vacancies in
cancy may occur in the board of trustees hereby constituted, by |rust^e°e^'^'* °'
death or resignation, the said Methodist Religious Society, by a
majority of the votes of the male members, at any meeting called
for that purpose, may elect one or more persons for [from ] the
male members of said society, of twenty one years of age and up-
wards, to fill such vacancy, so that the number of trustees be kept
up to seven forever, any four of them duly assembled shall be
competent to transact any business.

VOL. VI. 16

122

1823.

Chap. 46—48.

Officers and
by-laws.

First Meetino

Sect. 4. Be it further enacted, That the said trustees shall
meet at least once in each }ear, and elect such ofluers, and pre-
scribe such rules and regulations, and by-laws, as they may deem
expedient for the management of their affairs, always keeping a
fair record of all their proceedings.

Sect. 5. Be it further enacted, That John Clajk, and Dem-
ing Jarves be, and they are hereby authorized to call the first
meeting of said board of trustees, at such time and place as they
may appoint ; at which first meeting there shall be chosen a sec-
retary, a treasiH-er, and a president ; and also rules, regulations,
and by-laws shall be adopted, which shall remain in force for one
year, and until altered or amended at any future annual meeting.
[June 14, 1823.]

C^hflV) 47 ■'^" ^''^ '° 3""^'"^' '"' A*"*) eniillcfl "An Act lo incorporale the Nantucket Phcenix In-
Jr' ' surance Coiripnny."

1818 ch. 17.

Time of divi-
dend chan£;ed.

Persons incor
porated.

BE it enacted by the Senate and House of Representatives,
in General Court assembled^ and by the authority of the same,
That so much of an act, entitled " an act to incorporate the Nan-
tucket Phoenix Insurance Company," as requires one of the
semi-annual dividends to be made on the second Monday in June,
be, and the same is liereby repealed ; and in lieu thereof, the
said dividend shall be made on the second Monday of July in
every year, the said act to the contrary notwithstanding. [June
14, 1823.]

ChctV. 48. ^" ^^^ '** incorporate the Mansfield Union Cotton and Wool Manufactory.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Ethan Cobb, Adam Smith, and Henry Hatch,
with such others as have already associated, or may hereafter as-
sociate with them, their successors and assigns, be, and they
hereby are made a cor))oraiion, by the name of the INIansfield
Union Cotton and Wool Manufactory, for the purpose of man-
ufacturing cotton and woollen goods in the town of Mansfield, in
the county of Bristol ; and for that purpose, shall have all the
powers and privileges, and be liable to all the duties and require-
ments contained in an act, entitled " an act defining the general
powers and duties of manufactin-ing corporations," passed the
third day of March, in the year of our Loid one thousand eight
hundred and nine, and the several acts in addition thereto.

Sect. 2. Be it further enacted. That said corporation may
be lawfully seized and possessed of such real estate, not exceed-
ing in value thirty thousand dollars, and such personal estate not
exceeding in value fifty thousand dollars, as may be necessary and
convenient for carrying on the manufactures aforesaid.

Sect. 3. Be it further enacted. That any one or more of
the persons abovenamed are hereby authorized and empowered
to call the first meeting of the members of said corporation, at
such time and place as they may see fit to appoint, by adverti-
sing the same in any newspaper printed in the city of Boston, for

Powers and pri
vileges.

1808 ch. (55.

Real and per-
sonal estate.

First meetinsr.

1823. Chap. 48—50. 123

the purpose of choosing officers, and making by-laws for the
regulation of the officers of said corporation. \June 14, 1823.]

An Act in adcliiioii to an Act, entitled "An Act to incorporate the New-England Re- f^hriYt AQ
ligious Tract Society." K^IUip. 'VJ,

BE it enacted by the Senate and House of Representatives^ isic ch. 72.
in General Court assembled, and by the authority of the same,
That the corporation known by the name of the New-England Name changed.
Religious Tract Society, be henceforth called and known by the
name of the iVinerican Tract Society, any thing in the original
act of incorporation, entitled "an act to incorporate the New-
England Religions Tract Society," passed December ninth, in
the year of our Lord one thousand eight hundred and sixteen, to
the contrary thereof notwithstanding. [June 14, 1823.]

An Act in acklilion to an Act, entitled "An Act tn incorporate the Trustees of Phil- CJldt), oO.
lips Academy in Andover," and the several acts in addition thereto. ^

Sect. 1. BE it enacted by the Senate and House of Repre- isoicL 22.
sentatives, in General Court assembled, and by the authority 0/ '^13 ch. 125.
the same. That Moses Brown, Wm. Bartlett, George Bliss, Persons incor-
Calvin Chapin and .Teremiah Day, visitors of the Theological P"*"^^^'-
Institution in Phillips Academy in Andover, and their successors,
be, and they hereby are constituted a corporation, by the name
of the Visitors of the Theological Institution in Phillips Acade-
my in Andover, to be the guardians, overseers and protectors of '^'° "^^ ^.Y^'"^^^'"^

•' . ' o , r 1^1 !• of donations.

sucti donations as nave been, or hereatter may be niat^e subject
to their inspection, with the assent of the trustees of said acade-
my, according to the terms and conditions prescribed by the
statutes of the founders thereof, agreeably to the intentions of the
founders of said academy ; and as such corporation may do and
perform all acts and things requiied of thetn by such statutes :
provided, that the corporation hereby created shall have no pow- Proviso,
er to take or hold real or personal estate without the consent of
the Commonwealth expressly given therefor.

Sect. 2. Be it further enacted, That the first meeting of First meeting.
said visitors may be called by either of the members of said
board, and at such, or any future meeting duly called for that
purpose, they may establish such rules and regulations for the
government of said board as they may think proper : provided,
the same shall not be repugnant to the constitution and laws of
this Commonwealth, nor to the statutes of the founders of said
institution.

Sect. 3. Be it further enacted. That, if the said visiters Appeals to s. J.
shall at any time act contrary to the statutes of the founders of
said institution, or exceed the limits of their jurisdiction, the
party aggrieved may appeal to the supreme judicial court, to be
holden within and for the county of Essex, and the said supreme
judicial court, which may be authorized to decide questions of Power of court,
law in civil actions, is hereby authorized to declare null and void
any decree or sentence of the visitors, which they may consider
contrary to the statutes of the founders, and beyond the just
limits of the power prescribed to them thereby ; provided, hoic-

124

1823.-

-Chap. 50—62.

Choice of presi-
dent.

1817 ch. 180.

Agreement of
trustees.

Proviso. ever, that nothing herein contained shall be construed to linnit or

restrain the supreme judicial court from exercising all such juris-
diction in relation to this corporation, as by law they might ex-
ercise, had not this special provision been made. [Jan. 17,
1S24.]

Chat). 51 . ^^ ^^"^ '" fuf^'ier addilioii to an Act to incorporate liie Massacliuselts Hospital Life
* Insurance Company,

1817 ch. 180. Sect. 1. BE it enacted by the Senate and House of Rcpre-

sentatives, in General Court assembled, and by the authority of
the same, That at the next meeting of the stockholders of the said
corporation, they shall elect one of said stockholders to be pres-
ident of the said corporation ; and that so much of the third sec-
tion of the act entided, "an act to incorporate the Massachusetts
Hospital Life Insurance Company," passed February twenty-
fourth, in the year of our Lord one thousand eight hundred and
eighteen, as provides that the directors of said corporation, at the
first meeting after their election, shall choose one of their own
number as president of the said corporation, be, and the same
is hereby repealed.

Sect. 2. Be it further enacted, That the agreement entered
into, between the trustees of the Massachusetts General Hospi-
tal, and the Massachusetts Hospital Life Insurance Company, in
the words following, to wit : — " That the trustees of the Massa-
chusetts General Hospital do agree to receive one third part of
the net profits accruing to said company from insurance on lives
by sea and on land, reversionary payments, and generally from
all kinds of contracts in which the casualties and contingencies of
life, and the interest of money are principally involved, after de-
ducting for the use of the said stockholders, legal interest on the
amount of capital actually paid in by them and invested in pursu-
ance of the provisions of their said act, said interest not being
calculated on any part of the profits of said stock : provided, the
said insurance company shall bind itself in writing, to pay over
annually to the trustees of the IMassachusetts General Hospital,
for the use of said hospital, one third part of all their net profits,
computed on the principle above stated, as well on reversionary
payments and all other contracts made by said company in which
the casualties of life and interest of money are principally con-
cerned, as on insurances on lives," which alone are mentioned in
the seventh section of the act to which this is in addition, be,
and the same is hereby confirmed. [Jan. 17, 1824.]

An Act to incorporate the Evangelical Tract Society.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Thomas Baldwin, Daniel Sharp, Francis Way-
land, Charles Train, Lucius Bolles, Nathaniel W. Williams,
Joseph Grafton, Bela Jacobs, Ensign Lincoln, Levi Farwell,
Ward Jackson, Thomas Kendall and .John B. .Tones, with their
associates and successors, be, and hereby are incorporated and
made a body politic, by the name of the Evangelical Tract So-

Proviso.

Chap^ 52.

Persons incor-
porated.

1823. Chap. 52— 54. 125

ciety, for the purpose of publishing pious and useful books and
tracts for distribution among the ignorant and destitute ; and by
that name may sue and be sued, plead and be impleaded, appear Powers,
in court, defend and prosecute to final judgment and execution ;
and in their said corporate capacity, they may have and use a
common seal ; and they and their successors forever may take,
possess, and apply to the purposes of said corporation, any mon-
ies which may be given for immediate use, and may hold as a Real and per-
permanent fund any estate, whether real or personal, the yearly *°"^ estate.
income of which shall not exceed one thousand dollars, and the
same shall be faithfully appropriated to the object aforesaid, and
not otherwise.

Sect. 2. Be it further enacted^ That the said corporation Rules and by-
may make and establish such rules and by-laws as shall be found ^''''^'
expedient for the management of their concerns, which are not
repugnant to the constitution and laws of this Commonwealth :
provided, however^ that the Legislature may alter or repeal this
act at their pleasure.

Sect. 3. Be it further enacted.. That Thorr;as Baldwin is F'rsi meeting.
authorized to call the first meeting of said corporation, by giving
public notice thereof in one of the newspapers printed in Boston.
[Jan. 27, 1824.]

An Act in addition to an Act, entitled an Act to ii^coiporate the Boston Asylum for (^fldjj, SS,
Indigent Boys. -«

BE it enacted by the Senate and House of Representatives, I8I3 eh. 153.
in General Court assembled, and by the authority of the same,
That the power recognized in the act to incorporate the Boston
Asylum for Indigent Boys, of the parent or guardian of any indi-
gent boy or boys, to surrender in writing him or them to the
managers of said asylum, for the purposes mentioned in said act,
shall, in case said boy or boys have no parent or guardian within
the city of Boston, nor legal settlement in any other town in this
Commonwealth, be possessed and exercised by the overseers of
the poor of the city of Boston, and that the managers of said asy-
lum shall have the same authority and control over boys surren-
dered in the manner herein prescribed, as they now have over
boys surrendered by their parents or guardians. [Jan. 27,
1824.] Add. act, 183.5 ch. 28.

An Act in addition to an Act, entitled an Act to establish the Barre Turnpike Corpo- (^hriv) P^h,

BE it enacted by the Senate and House of Representatives, i82ich.45.
in General Court assembled, and by the authority of the same,
That the proprietors of the Barre Turnpike Corporation be, and
they hereby are authorized to erect a gate at any place within
fifty rods of the dwelling-house of .lohn Davis, in Princeton,
when said turnpike road shall have been completed, any thing in
the general turnpike law to the contrary notwithstanding. [Jan.
28, 1824.] Add. act, 1825 ch. 70.

126

1823.-

■Chap. 55 — 56.

Chap. 55.

J. Ward an.l
olliers annexed
to Ashbuniham

Chap. bOt.

Persons incor-
porated.

Powers.

Election of offi-
cers.

By-laws.

Number of trus-
tees.

An Act to annex John Ward, with his family and estate, and the estate of William
Barrell and others to the town of Asliburnham.

BE it enacted by the Senate and House of Representatives^ in
General Court assembled^ and by the authority of the same,
That John Ward, of Westminster, with his family, and so much
of his real estate, and of the real estate of William Barrell, Ohio
Whitney, Silas Whitney and Samuel Whitney, as lies within the
said town of Westminster, be, and the same hereby are annexed
to the town of Asliburnham, and the real estate aforesaid made a
part of said Ashburnham ; and that the said John Ward and fam-
ily shall hereafter be considered inhabitants of said town of Ash-
burnham, and shall there exercise and enjoy all the rights and priv-
ileges, and be subject to the like duties and requisitions, as the
other inhabitants olsaid Ashburnham: provided^ that the persons
and estate aforesaid shall be holden to pay all taxes now assessed
upon the same, in the same manner as if this act had not been
passed, and also the proportionate part of all state and county
taxes, which shall be laid upon the said town of" Westminster,
until another general valuation shall be made. [Jan. 28, 1824.]

An Act to incorporate ihe Trustees of the Methodist Episcopal Church in Duxbury.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Studley Sampson, Joseph Winsor, Snow
Magoun, Henry Chandler, Seth Sprague, Seth Sprague, Jr.,
George Winsor, Solomon Washburn and Lemuel Hailow, all
of Duxbury, in the county of Plymouth, be, and they hereby
are constituted a body corporate and politic, by the name of the
Trustees of the Methodist Episcopal Church in Duxbury, for
the promotion of piety, religion and morality; and they and their
successors shall be and continue a body politic and corporate by
that name forever : and they shall have a common seal, subject
to be altered at their pleasure ; and they may sue and be sued,
in all actions, real, personal or mixed, and prosecute and defend
the same to final judgment and execution by the name aforesaid.

Sect. 2. Be it further enacted. That the aforesaid trustees
and their successors shall and may annually elect a president, and
a secretary to record the doings and transactions of the trustees,
and a treasurer to receive and apply the monies or property
hereinafter mentioned, as hereinafter directed, and any other
officer that may be necessary for the managing of their business ;
and they may make rules, regulations and by-laws not repugnant
to the laws of this Commonwealth.

Sect. 3. Be it further enacted. That the number of trustees
shall not at any one time be more than nine, nor less than seven ;
five of their number shall constitute a quorum for transacting busi-
ness, and they may and shall, from time to time, fill up vacancies in
their number, which may happen by death, resignation or other-
wise, as hereinafter provided. And such trustees shall annually
hold a meeting in March or April, and at such other times as
may be necessary ; which meetings, after the first, shall be called
in such way and manner as the trustees aforesaid shall hereafter
direct.

1823. Chap. 56—57. 127

Sect. 4. Be it further enacted, That the aforesaid trustees May iioid the
and their successors arc hereby made capable in law to possess M'frchuich'in
and hold all the property, both real and personal, belonging to Duximry.
the Methodist Episcopal Church in Duxbury, in trust forever,
for the use and benefit of the members, for the sole purpose of
promoting the public worship of Almighty God, according to
the doctrines and discipline ol" said church. And in further trust Vacancies sup-
and confidence, that whenever one or more of said trustees shall P''^''"
die, or from any cause cease to be a member or members of said
corporation, then, and in that case, the vacancy shall be supplied
according to the direction given in the discipline of said church,
that is, the minister or preacher who shall be regularly appointed
to the pastoral charge of the members of said church, for the time
being, shall have the right to nominate, and the trustees may con-
firm or reject such nomination.

Sect. 5. Be it further enacted, That any gift, grant, bequest Gifts, «Stc. to i.e
or devise made, or that hereafter may be made to the said trus- ^
tees or their successors, shall be valid and effectual to all intents
and purposes whatever, and they are hereby empowered to hold Real and per-
real and personal estate, the annual income of which shall not ^*^"^ esidie.
exceed six hundred dollars : provided, that the entire income be
strictly appropriated to promote the objects of this corporation,
and also that the gifts, grants or donations be faithfully aj)plied,
according to the real intent and design of the donor.

Sect. 6. Be it further enacted, That all deeds and instru- Deeds of trus-
ments, which the said trustees may lawfiilly make in their said '*^^^"
capacity, shall, when made in their name, and signed and sealed
with their common seal, and delivered by them, be binding on
said trustees and their successors, and be valid in law.

Sect. 7. Be it further enacted. That Seth Sprague, Esq. First meeting.
be and he is hereby authorized to appoint the lime and place for
holding the first meeting of said trustees, and to notify them
thereof. [Jan. 2S, 1824.]

An Act empowering liie Centre School Disirici, in the town of Worcester, to raise f^hriY) ^V
money. K^IIU^. Ul .

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That the inhabitants of the centre school district, in the town of Power to raise
Worcester, in the county of Worcester, be, and they hereby "'^"^y-
are authorized and empowered, at legal meetings called and held
for that purpose from time to time, to vote and raise money, in
addition to the monies voted and raised by the town, to be ap-
propriated to the support of schools within said district, in such
manner as the inhabitants of said district may direct ; and the
said district shall have the same power and authority to grant and
raise money for the support of schools in said district, as school
districts now have by law to grant and appropriate money for
the building and repair of school-houses within the same, and
shall proceed in the same manner in relation thereto ; and the
like proceedings shall be had in the assessment and collection
thereof : provided, nevertheless, that nothing in this act contained Proviso.

128

1823.-

-Chap. o7— 68.

Chap. 58,

Persons incor-
porated.

Powers and
privileges.

Real and per-
sonal estate.

First meelini;

Amount and
conditions of
shares.

shall be construed to impair, or in any wise affect the rigl)ts and
obligations of the town, in relation to the manner of granting and
appropriating money to the support of schools within said town,
nor the right of said district to a distributive share thereof, but
the same shall be and remain as though this act had not been
passed. [Jan. 27, 1824.] Add. act, 1825 ch. 94.

An Act to incorporate the Columbian Society in Marblehead.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William B. Adams, Russell Bailey, John Roun-
dy, .John Sparhawk, Jr., Samuel Homan, Nathaniel Brimble-
com, Jr., John Orne, Jr., and their associates, successors and
assigns, be, and hereby are incorporated and made a body politic
forever, by the name of the Columbian Society of Marblehead,
with power to have a common seal, to sue and be sued, to make
and ordain from time to time a constitution, by-laws, rules and
regulations for the government and management of the said cor-
poration : provided, the same are not repugnant to the constitu-
tion of this Commonwealth ; and that they have all the privileges
usually given by acts of incorporation to literary societies.

Si:cT. 2. Be it further enacted, That said corporation may
take, by purchase, gift, grant or otherwise, and hold real estate
not exceeding the value of five thousand dollars, and personal
estate not exceeding the value of ten thousand dollars, for the
purposes and uses of said corporation.

Sect. 3. Be it further enacted, That any justice of the
peace in the town of Marblehead be and is hereby authorized to
call the first meeting of said society under this act, by posting
notifications thereof in three public places in said Marblehead,
which meeting shall be held at the hall of said society, at which
the constitution and by-laws of said corporation shall be read,
after which no alteration, amendment or addition to the constitu-
tion of said society shall be lawful, except the same shall have
had three readings at three regular meetings of said corporation,
and shall be agreed to by at least two thirds of the whole number
of legal members who shall be resident on shore in said Marble-
head.

Sect. 4. Be it further enacted. That whenever the amount
of five hundred dollars shall be subscribed for by any person or
persons, the treasurer of said corporation shall issue certificates
to such persons, for as many shares which they shall have sub-
scribed for, and paid in to said treasurer, calculating said shares
at ten dollars each, which certificate [certificates~\ shall be made
payable to the holders thereof, in twenty-one years from the
eighth of January, in the year one thousand eight hundred and
twenty-four, and bear interest thereon not exceeding half the rate
of interest established by the laws of this Commonwealth, which
interest, if any, shall be payable on the thirty-first day of Decem-
ber, annually, which fund shall be placed in the hands of one or
more trustees appointed by said corporation, and the principal

1823. Chap. 68—61. 129

thereof held inviolate and untouched : provided^ that said certifi-
cates shall be countersigned by the president of said corporation.

Sect. 5. Be it further enacted, That the funds and property Division of
of said corporation shall never be divided among the members '^""*'^'
thereof, without the approbation of the Legislature of this Com-
monwealth, two thirds of the whole number of members of said
corporation requesting the same. [Jan. 28, 1824.]

An Act to establish the First Parish in West Newbury. ChCL'D 59

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the parish in West Newbury, which was formerly known
and styled as the Second Parish in Newbury, shall hereafter be
known and styled the First Parish in West Newbury, and hold,
possess and enjoy all the rights and privileges now to them be-
longing, together with all the powers incident to parishes. [Jan.
28, 1824.]

An Act to incorporate the Saxon Factory. CJldT) 60

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Jeremiah Gore, John S. Harris, Stephen Gore, Persons incor-
Jr., Ephraim Jones, Abner Wheeler, Benjamin Wheeler and Pof^ie'J-
Eliphalet Wheeler, their associates, successors and assigns, be,
and they are hereby made a corporation, by the name of the
Saxon Factory, for the purpose of manufacturing wool at Fra-
mingham, in the county of Middlesex, and for this purpose shall Powers and
have all the powers and privileges, and be subject to all the du- P^^'^^s®^-
ties and requirements, contained in an act passed on the third day isos ch. 65.
of March, in the year of our Lord one thousand eight hundred
and nine, entitled " an act defining the general powers and duties
of manufacturing corporations," and the several acts in addition
thereto.

Sect. 2. Be it further enacted, That said corporation may Reaiandper-
be lawfully seized of such real estate, not exceeding the value of ^°'^^^ estate,
one hundred thousand dollars, and of such personal estate, not
exceeding two hundred thousand dollars, as may be necessary
for carrying on the factory aforesaid. [Feb. 4, 1824.]

An Act in addition to an Act, entitled an Act to incorporate the Proprietors of the (~^Ji(tr) Q\
New-England Museum, and Gallery of Fine Arts. J '

Sect. 1. BE it enacted by the Senate and House of Rep- I8i7ch. 74.
resentatives, in General Court assembled, and by the authority of
the same, That the Proprietors of the New-England Museum Rights and priv-
and Gallery of Fine Arts, their successors and assigns shall have 'leges restored,
restored to them, and there hereby are restored to them, all the
rights and privileges to them granted in their act of incorporation,
and which they were entitled by said act to enjoy at the time of
its being granted : provided, the doings of said proprietors have Proviso.
not been contrary to the provisions of said act of incorpora-
tion.

Sect. 2. Be it further enacted. That said proprietors of the Real and per-
New-England Museum and Gallery of Fine Arts, are hereby au- ^°"^ ^^'^'^'

VOL. VI. 17

130

1823.-

■Chap. 61—63.

Chap. 62.

Persons incor-
porated.

Powers and
privileges.

1808 cli. G5.

Real and per-
sonal estate.

Chap. 6^

Persons incor-
porated.

Powers and
privileges.

1808 ch. 66.

Real and per-
sonal estate.

thorized and made capable in law in iheir corporate capacity, to
hold and possess personal estate to the amount of forty thousand
dollars, and real estate to the amount of thirty thousand dollars.

{Feb. 4, 1824.]

An Act to incorporate the Norfolk Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of the
same, That John Lemist, Samuel H. Babcock, George Bird,
I. Farnsworth, and Frederick A. Taft, together with such others
as may hereafter associate with them, their successors or assigns,
be, and they hereby are made a corporation, by the name of the
Norfolk Manufacturing Company, for the purpose of manufactur-
ing cotton goods in the town of Dedham, in the county of Nor-
folk, and for this purpose, shall have all the powers and privileges,
and shall be subject to all the duties and requirements prescribed
and contained in an act passed the third day of March, in the year
of our Lord one thousand eight hundred and nine, entitled "an
act defining the general powers and duties of manufacturing cor-
porations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said Norfolk Man-
ufacturing Company may lawfully hold and possess such real and
personal estate as may be necessary and convenient for carrying
on the said manufacture : provided, the value of such real estate
shall not exceed the sum of fifty thousand dollars, and the value
of such personal estate shall not exceed one hundred thousand
dollars. [Feb. 4, 1824.]

An Act to incorporate the New-England Crown Glass Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Deming .Taivis, Edmund Munroe, Daniel Has-
tings, Amos Binney, and their associates, successors, and assigns,
be, and they are hereby made a corporation, by the name of the
New-England Crown Glass Company, for the purpose of manu-
facturing crown window glass in tlie city of Boston, and town of
Cambridge ; and for the purpose aforesaid, shall have all die
powers and privileges, and be subject to all the duties and require-
ments contained in an act passed the third day of March, in the
year of our Lord one thousand eight hundred and nine, entitled
" an act defining the general powers and duties of manufacturing
corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted. That the said corporation
may be lawfully seized and possessed of such real estate, not ex-
ceeding one hundred thousand dollars in value, and such personal
estate, not exceeding two hundred thousand dollars, as may be
necessary and convenient for carrying on the manufacture afore-
said. [Feb. 4, 1824.]

1823. Chap. 64—65. 131

An Act (o incorporate the Middlesex Iron Founding Company in the city of Boston, /^hrirt f\A
and town of Cambridge. V^/tUjW. U'*.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Ezra Stone, Jonah Tenney, William Gran- Persons incor-
ville, A. P. Sherman, Joseph Shed, Amos Binney, William ^^'^ ^
Rogers, and their associates, successors, and assigns, be, and
they are hereby made a corporation, by the name of the Middle-
sex Iron Founding Company, for the purpose of casting and
founding iron of all kinds, in the city of Boston, and town of
Cambridge; and for the purpose aforesaid, shall have all the Powers and
powers and privileges, and be subject to all the duties and re- P^'^'eges.
quirements contained in an act passed the third day of March, in 1808 ch. 65.
the year of our Lord one thousand eight hundred and nine, en-
titled '* an act defining the general powers and duties of manufac-
turing corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may be lawfully seized and possessed of such real estate, not ex- *°"^ estate,
ceeding one hundred thousand dollars in value, and such personal
estate, not exceeding two hundred thousand dollars, as rnay be
necessary and convenient for carrying on the manufacture afore-
said. [Feb. 4, 1824.]

An Act to incorporate the Boston and Ipswich Lace Company'. CKctTJ 65.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, Tliat Joseph Farley, William H. Sumner, Augustine Persons incor-
Heard, and George W. Heard, with all such others as have al- P*"'*'® •
ready associated, or may hereafter associate with them, their suc-
cessors and assigns, be, and they hereby are made a corporation,
by the name of the Boston and Ipswich Lace Company, for the
purpose of manufacturing lace, and other articles made of linen,
silk, cotton, and woollen materials, in the town of Ipswich, in the
county of Essex ; and for that purpose, shall have all [the'] powers Powers and
and privileges, and be liable to all the duties and requirements con- P"viieges.
tained in an act, entitled " an act defining the general powers and
duties of manufacturing corporations," passed the third day of 1808 ch. 65.
March, in the year of our Lord one thousand eight hundred and
nine, and the several acts in addition thereto.

Sect. 2. Be it further enacted. That said corporation may Real and per-
be lawfully seized and possessed of such real estate, not exceed- ^°"^' ^^'^'®'
ing in value fifty thousand dollars, and such personal estate, not
exceeding one hundred thousand dollars, as may be necessary
and convenient for carrying on the manufactures aforesaid.

Sect. 3. Be it further enacted. That any one or more of First meeting,
the persons above named are hereby authorized and empowered
to call the first meeting of the members of said corporation, at
such time and place as they may see fit to appoint, by advertising
the same in any newspaper printed in the city of Boston, for the
purpose of choosing officers, and making by-laws for the govern-
ment of said corporation. [Feb. 4, 1824.]

132

1823.-

•Chap. 66.

Persons incor-
porated.

Power to ac-
quire and hold
real and person-
al estate.

C^hnn fifi An Act to incorporate and confirm the Proprietors of pews in tlie Meeting-house of
JT* * the Second Church and Society in Boston, a religious Society by the name of the

Second Church and Society of Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Samuel Parkman, James Foster, Enoch Patter-
son, Robert M. Barnard, and Gedney King, with all others,
proprietors of pews in the meeting-house of the second church
and society in Boston, who may become their associates in this
behalf, and their successors, proprietors as aforesaid, be, and they
are hereby made and constituted a body politic and corporate, by
the name of the Second Church and Society of Boston ; by
which name, they may sue and be sued ; and the said corpora-
tion shall have power to provide and use a common seal, to hold
and acquire real estate, not exceeding the yearly income of four
thousand dollars, and personal estate not exceeding the capital sum
of fifty thousand dollars, and shall be, and they hereby are deemed
in law to be seized and possessed of the said meeting-house, with
all the lands under and adjoining the same, and thereto belonging,
with the privileges and appurtenances, and all other real and per-
sonal estate, which the said Parkman, Foster, Patterson, Bar-
nard, and King, and their associates as aforesaid, have in their
capacity, as said proprietors, heretofore holden in common and
undivided, as fully as the same meeting-house and other real and
personal estate have, by them, heretofore been holden and pos-
sessed, reserving, however, to the several proprietors of pews in
the said meeting-house, their right and interest in said pews, re-
spectively.

Sect. 2. Be it further enacted, That the said corporation
shall be entitled to all the rights and privileges, and be subject to
all the contract's and obligations, heretofore by the said proprie-
tors enjoyed and contracted, and shall be, and hereby are em-
powered, from time to time, to make such farther contracts, and
to raise such sum or sums of money as they shall judge necessary
for the maintenance and support of the public worship of God, and
for the erection, maintenance, and repair of churches or other
buildings, and for all other parochial and incidental charges what-
ever.

By-laws. Sect. 3. Be it further enacted, That said corporation shall

have, and hereby is deemed in law to have power to make and
ordain all such rules and by-laws, for the purpose of holding
meetings, establishing offices, and fixing the powers and duties
thereof, and determining the mode of electing and appointing the
officers therein, assessing and collecting taxes, and whatever else
may be necessary and proper for the purpose for which said cor-
poration is hereby created, as a majority of the members of
said corporation shall agree to make and ordain : provided, the
same be not repugnant to the constitution or laws of this Com-
monwealth.

First meeting. Sect. 4. Be it further enacted. That the said Samuel Park-
man, James Foster, Enoch Patterson, Robert iNI. Barnard, and

To make con-
tracts and raise
monies.

1823. Chap. 66—69. 133

Gedney King, or any three of them, may cause the first meet-
ing ol' the said proprietors to be called, for the purpose of ma-
king such rules and by-laws, and cairyiiig into effect this act of
incorporation, by causing a notification thereof, and of the time
and place, to be posted up at the door of said meeting-house, at
least seven days before the said meeting shall be holden. [Feb.
4, 1824.]

An Act to iiicorporale the South Boston Crown Glass Company. L/flCtp. OO.

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Jonathan Hunnewell, Samuel Gore, Samuel H. Persons incor-
Walley, Henry G. Foster, and .John S. Foster, with such other
persons as already have or hereafter may associate with them,
their successors, or assigns, be, and they are hereby made a cor-
poration, by the name of the South Boston Crown Glass Com-
pany, for the purpose of manufacturing glass ; and for that pur- Powers and
pose, shall have all the powers and privileges, and be subject to P"^'''<^ges.
all the requirements in an act passed the third day of March in the
year of our Lord one thousand eight hundred and nine, entitled 1808 ch. 65.
" an act for defining the general powers and duties of manufac-
turing corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That said corporation may Real and per-
be lawfully seized and possessed of such real estate, not exceed- sonai estate,
ing fifty thousand dollars, and such personal estate, not exceeding
two hundred thousand dollars in value, as may be necessary and
convenient for carrying on the manufacture of glass. [Feb. 4,
1824.]

An Act to incorporate the First Conoregatioiial Society in Marblehead, in the county f^L^m P,0

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the persons who now are, or who hereafter shall
be proprietors of the north meeting-house, in Marblehead, in the Persons mcor-
county of Essex, wherein the Reverend Samuel Dana officiates,
and of the land under and adjoining the same, or of any other
building which shall be provided and maintained by the same re-
ligious society, for their public worship, and of the land under and
adjoining the same, be, and they hereby are incorporated and
made a body politic and religious society, by the name of the
First Congregational Society in Marblehead ; and in that name
may sue and be sued ; and shall be invested with all the powers, Powers and
privileges and immunities to which other religious societies in privileges,
this Commonwealth are entitled by law ; and shall be capable of
purchasing and holding estate, real and personal : provided, that Proviso,
the annual income of the whole estate of said corporation, beside
the meeting-house, shall not at any time exceed the value of three
thousand dollars.

Sect. 2. Beit further enacted. That said proprietors be, power to raise
and are hereby authorized and empowered to raise, by an assess- money by tax
ment on the pews and seats in their meeting-house, such sum or °"P''^*-

134

1823.-

■Chap. 69—70.

Proviso.

— And to sell
pews of delin-
quents.

Previous con-
tracts to be
binding.

Chap. 70.

Persons incor-
porated.

Powers and
privileges.

1808 ch. 65.

Real and per-
sonal estate.

sums of money for the settlement and maintenance of a minister,
or ministers, repairing the house, and defraying the other expen-
ses of public worship, with incidental charges, as they shall agree
on, at any legal meeting, called for that purpose, and the same
may assess, or cause to be assessed upon such pews and seats as
the proprietors, at any such meeting, shall determine on, accord-
ing to the respective valuation thereof, as recorded in the propri-
etors' book : provided^ however^ that exemptions from said as-
sessment shall be extended to all such pews and seats as may be
agreed on by the proprietors of the meeting-house, at their an-
nual meeting : and the sums so assessed shall be paid by the
proprietors of such pews and seats : and if any proprietor of a
pew or seat shall neglect to pay any assessment which shall be
legally made thereon, for one year after the same shall have been
made, the standing committee of said proprietors shall be author-
ized and empowered to sell and convey such said pew or seat of
any such delinquent proprietor, at public auction, first giving no-
tice thereof, fourteen days, at least, previous to the sale, by
posting up a notification at the door of said meeting-house, and
upon such sale, to execute a good and sufficient deed or deeds
thereof; and after deducting the amount of said delinquent's as-
sessment, together with the legal interest thereon, from the time
the same was made, and all inciilental charges, the said commit-
tee shall pay the surplus, if any there be, to such delinquent pro-
prietor.

Sect. 3. Be it further enacted^ That all contracts hereto-
fore made by the said proprietors, with their minister or others,
shall devolve and be binding upon them by their name and in their
corporate capacity aforesaid ; and all the votes and doings of said
proprietors, so far as the same are not repugnant to the laws of
this Commonwealth, shall be good and valid in law, and of the
same force and virtue as though they had been passed under this
act. [Feb. 7, 1824.]

An Act to incorporate the Dudley Woollen ftlanufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John Brown, Nathaniel Lyon, Perez B. Wol-
cott, and Samuel H. Babcock, their associates, successors, and
assigns, be, and they are hereby made a corporation, by the name
of the Dudley Woollen Manufacturing Company, for the purpose
of manufacturing wool at Dudley, in the county of Worcester :
and for this purpose, shall have all the powers and privileges, and
be subject to all the duties and requirements, contained in an act
passed on the third day of March, in the year of our Lord one
thousand eight hundred and nine, entided " an act defining the
general powers and duties of manufacturing corporations, "and the
several acts in addition thereto.

Sect. 2. Be it further enacted. That the said corporation
may be lawfully seized and possessed of such real estate, not ex-
ceeding the value of fifty thousand dollars, and such personal es-

1823. Chap. 70—71. 135

tate, not exceeding the value of one hiindied thousand dollars, as
may be necessary and convenient for carrying on the manufacture
aforesaid.

Sect. 3. Be it further enacted, That John Brown be, First meeting.
and he is hereby authorized to appoint the time and place for hold-
ing the first meeting of said corporators, and to notify tliem
thereof, either by personal notice, or otherwise. \_Feb. 6,
1824.]

An Act to incorporate liie Alias Insurance Company. CilCip, 71.

Sect. 1 . BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Samuel Adams Wells, William Savage, William ^^S '"*^°''
H. Bordman, Jeremiah Fitch, Charles P. Curtis, and Samuel
Austin, .Junior, with their associates, successors, and assigns, be,
and they hereby are incorporated into a company and body pol-
itic, by the name of the Atlas Insurance Company, with all the
powers and privileges granted to insurance companies, and sub- Powers and
ject to all the restrictions, duties, and obligations contained in a P"^''''S®®-
law of this Commonwealth, entitled "an act to define the powers, isiTch. 120.
duties, and restrictions of insurance companies," passed on the
sixteenth day of February, in the year of our Lord eighteen
hundred and eighteen, and in a law of this Commonwealth,
entided "an act authorizing the several insurance companies in i8i9ch. I4i.
this Commonwealth to insure against fire," passed on the twenty-
first day of February, in the year of our Lord one thousand eight
hundred and twenty, for and during the term of twenty years after
the passing of this act ; and by that name, may sue and be sued,
plead and be impleaded, appear, prosecute, and defend to final
judgment and execution ; and may have a common seal, which
they may alter at pleasure ; and may purchase, hold, and convey Real andper-
any estate, real or personal, for the use of said company : provi- ^°"^' estate.
ded, the said real estate shall not exceed the value of thirty thou-
sand dollars, excepting such as may be taken for debt, or held
as collateral security for money due to said corporation.

Sect. 2. Be it further enacted, That the capital stock of Capital stock
said company shall be three hundred thousand dollars, and shall shares.
be divided into shares of one hundred dollars each, fifty per cen-
tum of which shall be paid in money within ninety days after the
first meeting of the said company, and the residue within one
year from the passing of this act, in such instalinents and under
such penalties as the president and directors shall in their discre-
tion direct and appoint. And the said capital stock shall not be Condition of
sold or transferred, but shall be holden by the original subscribers charter,
thereto for and during the term of one year after the said compa-
ny shall go into operation ; and if the provisions of this act shall
not be complied with, in one year from the first meeting, the
same shall then be void.

Sect. 3. Be it further enacted, That the stock, property, Directors,
affairs and concerns of the said company, shall be managed and
conducted by nine directors, one of whom shall be the president

136 1823. Chap. 71.

thereof, who shall hold their offices for one year and until others
are chosen, and who shall, at the time of their election, be stock-
holders in said company and citizens of this Commonwealth: and
Planner of clcc- shall be elected on the second Monday in March in each and
^'°"- every year, at such time of the day and in such place in Boston as

a majority of the directors present at any legal meeting thereof, from
time' to time, shall appoint ; of which election public notice shall
be given in two of the newspapers printed in Boston, and contin-
ued for the space of ten days immediately preceding such election ;
and the election shall be made by ballot, by a majority of the
Right of voting. Stockholders present, allowing one vote to each share in the capital
stock : provided, that no stockholder shall be allowed more than
thirty votes ; and absent stockholders may vote by proxy, under
such regulations as the said company shall prescribe. And if,
through any unavoidable accident, the said directors shall not be
chosen on the second Monday in March as aforesaid, it shall be
lawful to choose them on any other day, giving notice in manner
Secretary may aforesaid. And it shall be the duty of the secretary of the com-
st^ockiiokiers^ "' P^'""}'? ^t ^"7 time, upon application in writing of the j)roprietors
of one fifth part of the capital stock, to call a meeting of the
stockholders, to be holden at such time and place in said Boston
as they shall direct, for the purposes mentioned in such applica-
tion, by giving like notice thereof, as is required for the election
of directors,
ciioice of presi- Sect. 4. Be it further enacted, That the directors, when
'''^"'' chosen, shall meet as soon as may be after every election, and

shall choose out of their body one person to be president, who
shall be sworn (or affirmed) to the faithful discharge of the duties
of his office, and shall remain in office one year, and until another
shall be chosen. And in case of the death, resignation or inabil-
ity to serve, of the president or any director, such vacancy or
vacancies shall be filled for the remainder of the year in which
they happen, by a special election for that purpose, to be notified
and held in the same manner as is herein prescribed respecting
annual elections of directors.
Board of direc- Sect. 5. Be it further enacted, That the president, and
i°''^- in his absence one of the directors, shall preside at all meetings

of the corporation and of the board of directors, and the president
and four directors, or five of them in his absence, shall be a board
competent to the transaction of any and all business, and all ques-
tions before them shall be decided by a majority of votes ; and
By-laws. they shall have power to make and prescribe such rules, regula-

tions and by-laws, as to them shall appear needful and proper,
touching the management and disposition of the stock, property,
estate and eflects of said company, and the transfer of the shares,
and the duties and conduct of the several officers, clerks and
servants employed, and the election of the directors, and all such
matters as appertain to the business of insurance ; and shall also
have power to appoint a secretary, and as many clerks and ser-
Saiaries of offi- vants for carrying on the said business, and with such salaries
*=^"- and allowances to them and to the president, as to the said board

1823. Chap. 71—72. 137

shall seem meet : provided^ such by-laws and regulations shall
not be repugnant to the constitution and laws of this Common-
wealth.

Sect. 6. Be it further enacted^ That the said Insurance Company liable
Company shall be located and kept in the city of Boston, and it '° taxation,
shall be liable to be taxed by any general law providing for the
taxation of all similar corporations, which are by law liable to be
taxed.

Sect. 7. Be it further enacted^ That the said company Limitation of
shall never take on any one risk against fire or other risk, or loan '''^'''^•
on respondentia or bottomry, on any one bottom, at any one
lime, including the sum insured in any other way on the same
bottom, a sum exceeding ten per centum of the capital stock of
the said company actually paid in, agreeably to the provisions of
this act.

Sect. 8. Beit further enacted, That any two or more of First meeting,
the persons named in this act are hereby authorized to call the
first meeting of the said company, by advertising the same for
two successive weeks in two newspapers printed in Boston, for
the purpose of electing their first board of directors, who shall
continue in office till the second Monday in March, in the year
of our Lord eighteen hundred and twenty-five, and until others
shall be chosen in their stead : provided, that the said company Proviso,
shall not take any risk, nor subscribe any policy by virtue of this
act, until one hundred and fifty thousand dollars of the capital
stock aforesaid shall have been actually paid in : and provided,
further, that this charter shall be null and void unless put in ope-
ration within one year from the passing of this act. [Feb. 6,
1824.]

An Act to change the names of the persons therein mentioned. f^hfin 79

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That the several persons herein named, shall hereafter be known
and called by the names they are hereby allowed to assume, viz. :

That William Cleverly, of Weymouth, may take the name of Names
William Coolidge ; that Rachel Cleverly, wife of William Clev- changed,
erly of Weymouth, may take the name of Rachel Coolidge ;
that Phebe Thayer Cleverly, of Weymouth, minor, may take
the name of Phebe Thayer Coolidge ; that William Beal Clev-
erly, of Weymouth, minor, may take the name of William Beal
Coolidge ; that Charles Cleverly, of Weymouth, minor, may
take the name of Charles Coolidge ; that Lucy Ann Cleverly, of
Weymouth, minor, may take the name of Lucy Ann Coolidge ;
that Thomas Haskins, may take the name of Thomas Waldo
Haskins ; that Mary Holden Jackson, may take the name of
Mary Howard .Tackson ; that James Brewer, of Boston, a minor,
son of Elizabeth Brewer, may take the name of James Hamilton
Brewer; that Elam Clark, Jr., of Easthampton, may take the
name of Elam Calhoun Clark ; that George Callender, of Bos-
ton, son of the late Joseph Callender, grocer, may take the name

YOL. YI. 18

138 1823. Chap. 72.

of George Henry Callander ; that Ashbell Brigham, of Boston,
may take the name of William Ashbell Brigham ; that John
Andrews, of Boston, may lake the name of John Brooks An-
drews ; that Jesse J. Sleeper, of Boston, may take the name of
Romanzo Warwick Montgomery ; that Hervey Dival, of Win-
chendon, county of Worcester, may take the name of Abel
Hervey Wilder ; that Lilbourne Boyd Drane, a member of
Harvard University, may take the name of Robert Brent Drane ;
that William Metcalf Cobb, of Holden, minor, may take the
name of William Cobb Metcalf; that Bela Burns, of Boston,
may take the name of William Lovejoy Burns ; that Jeremiah
Sprague, of Boston, may take the name of George James
Sprague ; that John Haven Dexter, of Boston, merchant, son
of Aaron Dexter, physician, may take the name of John Coffin
Dexter ; that Elizabeth Knapp, of Newbury port, a minor, daugh-
ter of Mary Knapp, widow, may take the name of Jane Knapp ;
that Mary Adams, of Newburyport, may take the name of Mary
Hills Adams ; that Lyman Stetson, son of Bela Stetson, of
Chesterfield, may take the name of William Lyman Stetson ;
that Mary Emerson Knight, daughter of Joseph Knight, of
Newbury, minor, may take the name of Mary Jane Knight ;
that John Peirce Batchelder, of Danvers, may take the name of
John Batchelder Peirce; that James New, of Boston, may take
the name of James Edwards New ; that Shepherd GifFord, of
Westport, may take the name of Charles Shepherd Gifford ;
that Barker Gifford, of Westport, may take the name of Stephen
Barker Gifford ; that James I^aha, of Gloucester, may take the
name of James Green ; thai Jonathan Hitchcock, of West
Stockbridge, may take the name of Jonathan Wright Hitchcock ;
that Josiah Foster, fifth son of Josiah Foster, 3d, of Beverly,
may take the name of Josiah Lovett Foster ; that Benjamin
Knight Dunbering, of Salem, may take the name of Benjamin
Knight; that Tryphosa Kenrick, of Newton, may take the name
of Mary Eleanor Kenrick ; that Archelaus Fuller, of Middleton,
may take the name of Archelaus Putnam Fuller ; that Samuel
Hazen, of Wesiborough, cooper, may take the name of Henry
Otis ; that Stephen Glover Spurr, of Quincy, may take the
name of Stephen Elisha Glover ; that Russell Glover Spurr, of
Quincy, may take the name of Russell Edward Glover ; that
Ebenezer Tarbox, Jr., of Charlestown, may take the name of
Ebenezer Thorndike ; that Nathaniel Tarbox, son of Ebenezer
Tarbox, Jr., of Charlestown, may take the name of Nathaniel
Thorndike ; that Ebenezer Tarbox, son of Ebenezer Tarbox,
Jr., of Charlestown, may take the name of Ebenezer Thorndike;
that Catherine Tarbox, daughter of Ebenezer Tarbox, Jr., of
Charlestown, may take the name of Catharine Thorndike. And
the several persons herein named shall hereafter be called and
known by the names which by this act they are respectively al-
lowed to assume aforesaid ; and the same sliall be considered as
their only proper and legal names. [Feb. 7, 1824.]

1823. Chap. 75—76. 139

An Act continuing in force the Act establishing the Massachusetts Bay Canal Corpo- (^fi/i'T) "1 tk

BE it enacted by the Senate and House of Representatives^ in i8i7rh. 152.
General Court assembled., and by the authority of the same.,
That the act passed in the year of our Lord one tliousand eight
hundred and eighteen, entitled an act to establish the Massachu-
setts Bay Canal Corporation, with all and every article, clause,
matter and thing therein contained, shall continue and be in full
force, until the first day of January, which will be in the year of
our Lord one thousand eight hundred and thirty ; any thing in the
said act to the contrary notwithstanding. [Feb. 7, 1824. J

An Act to incorporate the President, Directors and Company of the Mendon Bank, r^hftin n(\

Sect. 1. BE it enacted by the Senate and House of Repre- "'

sentatives, in General Court assembled, and by the authority of
the same, That Seth Hastings, Esek Green, Daniel Fiske, Jr., Persons incor-
Seth Davenport, John Claflin, Jr., Benjamin Davenport, Eli P"""^'^
Warren, Daniel Farnam, Warren Rawson, Amariah Taft, Sam-
uel Wood and Caleb Hayvvard, with their associates, successors
and assigns, shall be, and are hereby created a corporation, by
the name of the President, Directors and Company of the Men-
don Bank ; and shall so continue until the first day of October,
in the year of our Lord one thousand eight hundred and thirty-
one ; and by that name shall be and are hereby made capable in
law to sue and be sued, plead and be impleaded, defend and be
defended in any court of record, or any other place whatever,
and also to make, have and use a common seal, and to ordain,
establish and put in execution, such by-laws, ordinances and reg- By-laws,
ulations, as to them shall appear necessary and convenient for
the government of said corporation, and the prudent management
of its concerns : provided., such by-laws, ordinances and regula- Proviso,
tions shall in no wise be contrary to the constitution and laws of
this Commonwealth : and the said corporation shall be always
subject to the rules, restrictions, limitations and provisions herein
contained.

Sect. 2. Be it further enacted. That the capital stock of Capital stock,
said bank shall consist of the sum of one hundred thousand dol-
lars, in gold and silver, in shares of one hundred dollars each,
one fourth part of which shall be paid in ninety days, one fourth
part in six months, one fourth part in nine months, and the resi-
due in one year, after the first meeting of said corporation, or at
such earlier time as the stockholders, at any meeting, may direct,
and no dividend of profit shall be declared or paid on the capital
stock of said bank, until the whole of said stock shall have been
paid in, conformably to the provisions of this act. And the Transferor
stockholders, at their first meeting, shall, by a majority of votes, *'°*^ '
determine the mode of transferring and disposing of the stock
and profits of said bank, which, being entered on the books of
said corporation, shall be binding on the stockholders, their suc-
cessors and assigns. And the said corporation are hereby made Real estate,
capable in law to have, hold, purchase, receive, possess, enjoy
and retain to them, their successors and assigns, lands, rents,

140 1823. Chap. 16.

tenements and hereditaments, to the amount of three thousand
dollars, and no more, at any one time, with power to bargain,
sell and dispose of the same, and to loan and negotiate their
monies and effects, by discounting on banking principles, on such
Provisos. security as they shall think proper : provided^ lioicever, that

nothing heiein contained shall prevent said corporation from tak-
ing and holding real estate in mortgage or on execution, to any
amount, as security for, or in payment of any debt due to said
corporation : and provided, further, that no money shall be loan-
ed, or discounts made, nor shall any bills be issued from said
bank, until the capital subscribed, and actually paid in, and ex-
isting in gold and silver, in the vaults of the same, shall amount
to twenty-five thousand dollars.

Sect. 8. Be it further enacted, That the rules, limitations

and provisions, which are provided in and by the third section of

1811 ch. 81. an act, entitled "an act to incorporate the President, Directors

and Company of the State Bank," shall be binding on the bank

Bond of cashier, hereby established, exce|)ting that the bond, to be given by the

cashier, shall be in the penal sum of twenty thousand dollars, and

Number of di- the number of directors to be annually chosen, sliall be nine, five

rectors. q|- YyijQ,j^ gj^g)] constitute a quorum foi- the transaction of business :

Proviso. provided, that the amount of the bills of said bank in circulation,

shall not at any time exceed fifty per centum beyond the amount

of the capital actually paid in.

Location. Sect. 4. Be it further enacted. That said bank shall be

established and kept in the town of Mendon.
Committee of Sect. 5. Be it further enacted, That any committee, spe-
ma ^xa'minT'' ^ially ajjpointcd for that purpose by the Legislature, shall have a
into the doings right to examine into the doings of said corporation, and shall
of the banli. jj^^.g f^.gg access to all their books and vaults ; and, if upon ex-
amination it shall be found, and after a full hearing of said corpo-
ration thereon, be determined by the Legislature, that the said
corporation have exceeded the powers herein granted them, or
failed to comply with any of the rules, restrictions or conditions
in this act provided, this act of incorporation may thereupon be
declared forfeited and void.
First meeting. Sect. 6. Be it further enacted. That the persons herein
before named, or any of them, are authorized to call a meeting
of the members and stockholders of said corporation, at a conve-
nient time and place, by advertising the same, three weeks suc-
cessively, in the Massachusetts Spy and National -Egis, two
papers printed at Worcester, for the purpose of making, ordain-
ing and establishing such by-laws, ordinances and regulations for
the orderly conducting the affairs of said corporation, as the
stockholders shall deem necessary, and for the choice of the first
board of directors, and such other officers as they shall see fit to
choose.
Commonwealth Sect. 7. Be it further enacted, That the Commonwealth
may subscribe shall havo a right, whenever the Legislature shall provide there-

to ranitAl stock . (d i

^ ' for, to subscribe, on account of said Commonwealth, a sum not

exceeding twenty-five thousand dollars, to be added to the capi-

1823. Cfiap. 76—77. 141

tal stock lierein before provided for. And whenever the Com-
monwealth shall hecome so interested in said bank, the Governor
and Council shall have a right to appoint four additional directors
for the management of the same.

Sect. 8. Be it further enacted^ That the said corporation Corporation to
shall be liable to niiy to any bona fide holder, the original amount P^y ""guja' a-
of any note of said bank altered to a larger amount in the course notes.
of its circulation, notwithstanding such alteration.

Sect. 9. Be it further enacted, That the said corporation Tax.
shall pay, by way of tax, to the treasurer of this Commonwealth,
for the use of the same, within ten days after the first Monday of
October and April, annually, the half of one per centum on the
amount of stock, which shall have been actually paid in.

Sect. 10. Be it further enacted, That one tenth part of the Loans.
whole capital of said bank shall always be appropriated to loans,
to be made exclusively to citizens of this Commonwealth, where-
in the directors shall particularly regard the agricultural and man-
ufacturing interest in the same ; which loans shall be made in siniis
not exceeding five hundred dollai's, nor less than one hundred
dollars, to be secured by the personal bond of the borrower, and
a satisfactory mortgage of real estate, as collateral security, for a
term not less than one year ; the interest on all such loans to be
paid annually, and the estate so mortgaged, subject to the same
forfeitures, and entitled to the same rights of redemption as is by
law provided in other cases.

Sect. 11. Be it further enacted, That whenever the Legis- Loans to the
lature shall require it, the said corporation shall loan to the Com- State.
monweahh any sum of money which shall be required, not ex-
ceeding twenty per centum of the amount of the capital stock ac-
tually paid in, reimbursable by five annual instalments, or at any
shorter period, at the election of the Commonwealth, with the
annual payment of interest, at a rate not exceeding five per cen-
tum per annum.

Sect. 12. Be it further enacted, That the capital stock of Condition of
the said bank shall not be sold or transferred, but beholden by the ^^after.
original subscribers thereto, for and during the term of one year
from the passing of this act ; and in case the same shall not be put [Time enlarged.
into operation, according to the provisions thereof, within the 1824 eh. 142.]
year aforesaid, it shall be void. [Feb. 7, 1824.] Add. acts,
1824, ch. 142 : 1830, ch. 58 : 1832, ch. 119.

An Act in addition to "An Act to incorporate the Blackstone Canal Company." (^flCiP' 77.

Sect. 1. BE it enacted by the Senate and House of Repre- i822ch. 27.
sentatives, in General Court assembled, and by the authority of
the same, That the Blackstone Canal Company be, and it is S,Tom"''''
hereby authorized and empowered to open books in the manner Worcester to
pointed out in the act to which this is an addition, to receive sub- ^'''^' *"*'^'
scriptions for stock to construct and complete a canal from the
village in Worcester to tide-water in the town of Providence, in
the state of Rhode Island, and to create, if necessary, new stock
for that purpose in the manner in said act mentioned ; and the

142

1823.-

-Chap. 77—79.

Meetings.

Organization.

Chap. 19.

Persons incor-
porated.

Powers and
privileges.

Possession of
property con-
firmed.

subscribers or owners of such shares or stock, shall be members
of said corporation, in the same manner as if the subscriptions had
been made for stock in a canal from said village to the boundary
line of this state, as in said act is provided ; and all monies so
raised by subscription or by the sale of new stock may be applied
to constructing a navigable canal from said village in Worcester,
to tide-water in said Providence, and also to constructing any of
the works in said act mentioned, whenever the same may be
found necessary on said route. And the said corporation may be
organized and transact its concerns by subscribers or owners of
such stock, and hold its meetings in such places as may be
deemed expedient, whether in this state or not : provided^ how-
ever, that nothing contained in this act shall have the eflbctof di-
minishing the power or jirivileges granted by the act to which this
is an addition.

Sect. 2. Be it further enacted, That the corporation of
said Blackstone Canal Company may be organized in the manner
pointed out in the tenth section of the act to which this is an ad-
dition, whenever one hundred shares in the capital stock of said
corporation shall be subscribed for : any thing in the said act to
which this is in addition to the contrary notwithstanding. \^Feb.
7, 1824.] Add. acts, 1825 ch. 144 : 1826 ch. 74.

An Act to incorporate the Easton Grammar School and Chapel.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That there be, and hereby is established in the town
of Easton, in the county of Bristol, a grammar school by the
name of the Kaston Grammar School and Chapel, for the pur-
j)ose of promoting religion and morality, and for the education of
youth in such of the liberal arts and sciences, as the trustees for
the time being shall direct, and that Rev. Luther Sheldon, How-
ard Lothrop, and deacon Abijah Reed, are nominated and ap-
pointed trustees ; and they are hereby incorporated into a body
politic, by the name of the Easton Grammar School and Chap-
el, and they and their successors shall be a body politic by that
name forever.

Sect. 2. Be it further enacted, That the said trustees of
said institution may have a common seal, which they may change
at pleasure, that the trustees may sue and be sued in all actions
real or personal and mixed, and prosecute and defend the same
to final judgment and execution, by the name of the Trustees of
the Easton Grammar School and Chapel, and may appoint an
agent or agents to prosecute and defend such suits.

Sect. 3. Be it further enacted. That all lands, monies, or
other property heretofore given or subscribed, for the purpose of
erecting or establishing a grammar school and Chapel, or which
shall hereafter be given, granted, or assigned to the said trustees,
shall be confirmed to the said trustees and their successors in that
trust forever, for the uses which in such instruments are or shall
be expressed, provided such uses shall not be repugnant to the

1823. Chap. 79—80. 143

design of this act. And the said trustees shall be further capa-
ble of having, taking, and holding in fee simple, by gift, grant,
devise, or otherwise, any lands, tenements, or other estate, real
or personal : provided^ the annual income of the whole shall not Proviso,
exceed the sum of three thousand dollars, and shall apply the in-
terest, rents, and jjrofits, so as most efiectually to promote the
design of the institution.

Sect. 4. Be it further enacted, That the said trustees for Trustees may
the time being, shall be the visitors and governors of said institu- anti'm^'ifby.
tion, shall have full power, from time to time, to elect such ofR- laws,
cers thereof as they shall judge necessary, and fix the tenure of
their respective offices, to remove from office any trustee, when
he shall become incapable, from age or otherwise, of discharging
the duties of his office, the trustees then surviving shall elect one
or more persons to fill the vacancy or vacancies, and to make
and ordain reasonable orders, rules, and by-laws, not repugnant
to the laws of this Commonwealth, for the good government of
said institution, as to them may seem fit and requisite.

Sect. 5. Be it further enacted, That the nunjber of trus- NumiieroC trus-
tees aforesaid shall not at any one time, be more than five, nor '*'°*'
less than three, a majority of whom shall be necessary to consti-
tute a quorum for transacting business.

Sect. 6. Be it further enacted, That Cyrus Lothrop, Esq. I'irst meeting,
be, and he is hereby authorized and empowered to appoint the
time and place for holding the first meeting of said trustees, and
notify them accordingly. [Feb. 7. 1824.]

An Act to incorporate an Academy in tlie town of Wilb-aham, hy tlie name of the f^rtftji Q()
Wesleyan Academy. jr * ^*

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That there be, and hereby is established in the Persons incor-
town of Wilbraham, in the county of Hampden, an academy for P"''*^^'^-
the purpose of promoting religion and morality, and for the edu-
cation of youth in such of the liberal arts and sciences, as the
trustees for the time being shall direct ; and that Aitios Binney,
Abel Bliss, Abraham Avery, Calvin Brewer, Enoch Mudge,
Jr., Wilbur Fisk, Joshua Crowell, William Rice, John Lind-
sey, be nominated and appointed trustees, and they are hereby
incorporated into a body politic, by the name of die Trustees of
the Wesleyan Academy ; and they and their successors shall be
and continue a body politic, by that name forever.

Sect. 2. Be it further enacted, That all lands, monies, or Gifts, &c. cou-
other property, heretofore given, or subscribed, for the purpose fi''"'^''-
of erecting or establishing an academy as aforesaid, or which shall
hereafter be given, granted, or assigned to the said trustees, shall
be confirmed to the said trustees, and their successors in that
trust, forever, for the uses, which in such instruments shall be
expressed ; and the said trustees shall be capable of having, hold-
ing, and taking in fee simple, by gift, grant, devise, or otherwise,
any lands, tenements, or other estate, real or personal : provided, proviso,
the annual income of the same shall not exceed the sum of ten

144

1823.-

-Chap. 80—81.

Power and du
ty of trustees.

Common seal

Number of trus-
tees.

First Meeting

Chap. 81,

Persons incor-
porated.

thousand dollars ; and shall apply the profits thereof, so as most
effectually to promote the designs of the institution.

Sect. 3. Be it further enacted^ That the said trustees for
the time being, shall be the governors of said institution ; shall
have full power from time to time, to elect such officers thereof,
as they shall judge necessary and convenient, and fix the tenure
of their respective offices ; to remove from office any trustee,
when he shall become incapable, from age or otherwise, of dis-
charging the duties of his office : or when, in the judgment of a
majority of the trustees, he is an improper person to hold such
office ; to fill all vacancies that may happen in the board of trus-
tees, to determine the times and places for holding their meetings,
the manner of notifying the trustees, the method of electing mem-
bers of the board : to elect instructors and prescribe their duties ;
to make such by-laws as they may think proper, with reasonable
penalties, for the government of the institution, provided the
same be not repugnant to the laws of this Commonwealth.

Sect. 4. Be it further enacted^ That the trustees of said
academy may have a common seal, which they may change at
pleasure ; and all deeds, sealed with said seal, and delivered and
acknowledged by the secretary of said trustees, l)y their order,
shall be good and valid in law ; and said trustees may sue and be
sued in all actions, and prosecute and defend the same to final
judgment and execution, by the name of the Trustees of the Wes-
leyan Academy.

Sect. 5. Be it further enacted, That the number of said
trustees shall never exceed fifteen, nor be less tiian nine, five of
whom shall be necessary to constitute a quorum for doing business,
but a less number may from time to time adjourn until a quorum
can be constituted.

Sect. 6. Be it further enacted, That Amos Binney and
John Lindsey be, and they are hereby authorized and empow-
ered to fix the time and place for holding the first meeting of the
trustees, and to notify them thereof. [Feb. 7, J 824.]

An Act establishing the Waterlown Turnpike Corporation.

Sect. l. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That William Gray, Marshall B. Spring, David
Moody, Thomas Bartlett, and Amos Lawrence, together with
their associates, successors, and assigns, be, and they are hereby
incorporated, by the name of the Waterlown Turnpike Corpo-
ration, for the purpose of making a turnpike road, from the ter-
mination of the road made by the Boston and Roxbury mill cor-
poration, in Brighton, to a point on the southern bank of Charles
river, nearly opposite to the lower wharf of the United States'
arsenal, thence, with the consent of the proper authorities of the
government of the United States, and not otherwise, across Charles
river, by a bridge, to the land adjoining said arsenal above the
said wharf, and through the same land in the course and manner
prescribed by the said authorities ; and thence in the straightest

1823. Chap. 81—82. 145

convenient course to the square in Watertown, with all the pow- Powers and
ers and privileges, and subject to all the duties, requisitions, and l*r'^''f&es.
penalties, established by the act entitled "an act defining the 1804011.12.5.
general powers and duties of turnpike corporations," and the sev-
eral acts in addition thereto. And the same corporation shall
have power to occupy so much of the marshes over which said
road shall pass, as shall be requisite for the purpose of making
canals where the same are necessary : provided, that neither of Proviso,
the towns of Watertown or Biighton, shall ever be compelled to
support any part of said road or bridge without their own con-
sent.

Sect. 2. Be it further enacted,, That the corporation here- Tolls.
by established, may erect any toll gate upon the said road, at
such place as they may find most convenient for collecting the
tolls, and shall be entitled to demand and receive from each trav-
eller or passenger the same tolls which the Ninth Massachusetts
Turnpike Corporation is now authorized to receive at its gate in
Bellingham, by an act passed on the eighth day of Febru- i822ch.G7.
ary last, and no greater : provided, however, that the Legislature Proviso.
may at any time reduce the said rates of toll, so that the net pro-
ceeds thereof may not exceed six per cent, per annum, calcu-
lating upon the average dividends of the three preceding years.

Sect. 3. Be it further enacted, That the joint committee commitieeof
of the Senate and House of Representatives, on the subject of Legislature
bridges, turnpikes and canals, or a majority of them, be, and J^ad and make
they hereby are authorized to perform all the duties of a com- return,
mittee, for laying out the road herein above described, and their
return, made to the court of sessions, in the county of Middlesex,
shall be as valid and effectual in law, as that of any conunittee
which might be apjjointed by said court for the same purpose.
[Feb. 7, 1 824.]

An Act to incorporate the First Universalist Society in Bernardston. (^fHXp. O^i.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Joseph Bascom, Stephen Webster, Joseph porS '"*'°^"
Davis, David Ryther, George Alexander, Samuel Picket, Jon-
athan Connable, David Newell, Dorus Bascom, Elizur Cham-
berlain, Horace Atherton, Solomon Allen, Izatus Sheldon,
James Doly, Rufus Horsley, Anson Hitchcock, Charles .T.
Ryther, John T. Goodrich, Joel Lyons, Smith Hodges, Ros-
well Purple, Lyman Darling, John Lyon, Louis C. Scott, Li-
nus Stephen Prouty, Nathaniel Tyler, Simeon Allen, Oliver
Cook, Jr., Isaac Burrows, Ezra Shattuck, Gideon Ryther, Oli-
ver Wilkinson, Wass Hillman, Amos Davis, Israel Phillips,
Israel Phillips, Jr., Samuel Picket, Jr., Pierce Chase, Francis
Munn, Phillip Newell, Phny Warner, Solomon Chapin, Henry
Bascom, Jonathan Atherton, Quartus Nash, Ezra Connable,
Chester Bascom. Amos Carrier, Benjamin Smith, Joseph Pick-
et, Rufus Scott, Joab Scott, Stephen N. Scott, Alexander Ry-
ther, John Clark, Joseph Atherton, Jr., Josephus Slate, Calvin

VOL. VI. 19

146

1823.

-Chap. 82—83.

Powers and
privileges.

Real estate.

Record of
deeds.

First meeiiii"

Ciishman and Aaron Spaulding, being inhabitants of several
towns in the county of Franklin, with their families and estates,
together with such others, living within the said county, as may
hereafter associate with them, and their successors, be, and they
hereby are incorporated into a society, by the name of the First
Universalist Society in Bernardston, with all the privileges,
powers and immunities, which other religious societies in this
Commonwealth are by law entitled to ; and may purchase, re-
ceive by gift, or otheivvise, real estate, the value of which shall
not exceed the sum of four thousand dollars.

Sect. 2. Be it further enacted^ That it shall and may be
lawful, for all deeds hereafter to be given, on the sale of any
interest in the meeting-house erected for the use of the said so-
ciety, to be recorded by the clerk of said society, in a book to
be especially provided for that j)inpose ; and all deeds, legally
executed and recorded as aforesaid, shall be deemed sufficient in
law, any law or usage to the contrary notwithstanding.

Sect. 3. Be it further enacted^ That any justice of the
peace for the county of Franklin, upon application therefor, be,
and hereby is authorized and empowered to issue his warrant to
some member of said society, requiring him to notify the first
meeting of said society, at such convenient time and place as
may be appointed in said warrant, for the election of officers,
and to transact such other parochial business as may be author-
ized in said warrant. [Feb. 7, 1824.]

An Act to enable the First Cong-regational Society in the town of Falmouth to dispose
of certain real estate.

Sect. 1 . BE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the authority of
the same^ That the First Congregational Society in Falmouth
be, and they are hereby authorized and empowered to sell and
convey in fee simple, all the real estate of said society, consist-
ing of the ministerial or parsonage lands thereof ; and for this
purpose, at any legal meeting of the said society, to choose a
committee, consisting of not less than five, nor more than twelve
members of the society, whose duty it shall be to sell and dis-
pose of the lands aforesaid, either at public or private sale, for
cash or on credit as they may deem best, and to make, execute
and acknowledge a good deed or deeds thereof in behalf of said
society, which deed or deeds shall be good and effectual in law,
to pass and convey the fee simple from said society, to the pur-
chaser, to all intents and purposes whatever.
Income of funds Sect. 2. Be it further enacted, That the proceeds arising
t^h'e'suppono/° ^'"O"! the sale of said lands, shall be placed by the committee be-
the ministry. fore named, in some public fund or bank stock, or put out at in-
terest, at the discretion of said committee, the income arising
from which fund shall be appropriated towards the support of the
gospel ministry in said society.

Sect. 3. Be it further enacted, That the said society may,
and shall, at a legal meeting thereof, held within one year after
the said monies and proceeds shall so have been invested, and

Chap. 83.

May sell par-
sonage lands.

Committee to
manage funds

1823. Chap. 83—84. 147

ihereafterwards, annually, choose a committee of the members of
said society, whose duty it shall be to manage said fund for the
purposes aforesaid, and wiio shall hold their offices for one year,
and until others are elected in their stead. [Feb. 7, 1824.]

An Act to incorporate the Salem Lead ]Maiiufacturing Company. Cflttt) 84

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority/ of
the same, That Joseph Peabody, John Derby, Jarathmiel Pierce, Persons incor-
Pickering Dodge, Stephen Phillips, and their associates, sue- P"*"^*^ •
cessors and assigns, shall be, and they are hereby constituted a
body politic and corporate, by the name of the Salem Lead
Manufacturing Company, and by that name may sue and be sued,
plead and be impleaded, defend and be defended in any court of
record, or in any place whatsoever, and shall and may do and
suffer all matters, acts and things, which bodies politic ought to
do and suffer : and shall have power to make, have and use a
common seal ; and the same again at pleasure to break, alter and
renew. And the said company shall have all the powers and f'°"'e''s and
privileges, and be subject to all the duties, contained in an act, ,„

.M Ad * J c • .1 1 J J • r 1808 ch. 65.

entitled " an act dehnmg the general powers and duties oi manu-
facturing corporations," passed on the third day of March, in
the year of our Lord one thousand eight hundred and nine, and
any other acts additional thereto, which shall have been passed
from time to time.

Sect. 2. Beit further enacted. That the said corporation be,
and the same is hereby empowered to establish, manage and carry
on the manufacture of lead and copper, in their various branches,
and such other lawful manufactures, as can be conveniently man-
aged and carried on by the said company ; and to purchase, take, Real and per-
hold and convey real and personal estate of every kind, to such s°"^' estate,
an amount as they may find necessary or convenient in the man-
agement of their concerns : provided, the same shall not exceed Proviso.
the sum of filty thousand dollars in real estate, nor one hundred [Amount in-
and fifty thousand dollars in personal estate ; and the same to Ysmlh 23 1
manage, improve, change and sell at their pleasure, and to erect
on their real estate, to be purchased and held by them as afore-
said, all such buildings, machines, works and improvements, as
they may deem necessary or useful in carrying on and managing
their manufactures and works, and in conducting the business of
the corporation. And the whole of the corporate property shall Shares.
be divided into shares, as the said corporation shall direct.

Sect. 3. Be it further enacted. That the said corporation Power to raise
be, and are hereby authorized to raise such sums of money, sessm^nt^on'
as may, from time to time, be necessary for effecting the shares.
objects of the said corporation, by equal assessments on the sev-
eral shares therein ; and the time when such assessments become
due and payable, shall be made known to each proprietor, by the
clerk of the said corporation, by written notice, left at his last
and usual place of abode, or by letter addressed to him, by mail,
or by public notice as the corporation may direct. And the

148

1823.-

•Chap. 84—85.

Election of
officers, and
by-laws.

Sale of shares of treasurer of said corporation is hereby authorized to sell at public
einquens. auction, the share or shares of any proprietor, who shall neglect
to pay the assessments laid thereon, within ten days after the
same shall become due and payable, as aforesaid ; or so many of
such shares, as shall be necessary for that purpose, giving notice
of the time and place of such sale, in one of the newspapers printed
in Salem, or in one, in which the laws of this Commonwealth are
ordered to be printed for the time being, thirty days, at least,
before the time of such sale ; and a deed of such share or shares,
duly executed and acknowledged by the treasurer and recorded,
shall be a valid conveyance of such delinquent proprietor's share
or shares, to the purchaser thereof ; and the surplus money,
arising from such sale, if any remain (after paying the assessments
due and interest thereon, from the time when the same became
due, as also all the charges and expenses of such sale,) shall be

Assessments re- paid to sucli delinquent proprietor, or his assigns ; or the said

tion^ofdebu**^ Corporation may recover the amount of such assessments and in-
terest with costs in an action of debt, in any court having jurisdic-
tion thereof, as they shall elect and determine.

Sect. 4. Be it further enacted., That the proprietors afore-
said, shall meet at such limes, as shall be provided for, in their
by-laws, for the purpose of electing such officers, as they shall
find necessary, and for transacting any other business, relating to

Right to vote, the objects of their incorporation ; and every proprietor present,
or represented, at any such meeting, shall be entitled to as many
votes as he has shares. And in voting for assessments on the
shares of the said corporation, three fourths of the votes cast,
shall be required, to make such assessments binding on the mem-
bers thereof.

First meeting. Sect. 5. Be it further enacted., That the said Joseph Pea-
body, or either of the aforementioned persons, is hereby author-
ized to call the first meeting of the said corporation by written
notice, to be left at the last and usual place of abode of each
proprietor, or by letter addressed by mail, or by public notice,
at least seven days previous to the said meeting ; at which first
meeting, the proprietors present shall choose a clerk, who shall
be sworn to the faithful discharge of his duties. [Feb. 7, 1824.]
Add. act, 1830 ch. 25.

C/hdV' 85. ^" ^^"^ ^° incorporate the Washington Fire and Marine Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the same, That Oliver Keating, Tobias Lord, Benjamin Guild,
porate . John Skinner and Ralph Haskins, with their associates, succes-

sors and assigns, be, and they are hereby incorporated into a
[Name changed company and body politic, by the name of the Washington Fire
1836 ch. 262.] ^^^ Marine Insurance Company, with all the powers and privi-
Powersandpri- ]go.gg granted to insurance companies, and subject to all the re-
vieges. strictions, duties and obligations, contained in a law of this Com-

monwealth, entitled "an act to define the powers, duties and
1817 ch. 120. restrictions of insurance companies," passed on the sixteenth day

1823. Chap. 85. 149

of February, in the year of our Lord one thousand eight hundred
and eighteen, and in a law of this Commonweahli, entitled "an
act authorizing the several insurance companies of this Common- 1819 ch. ui.
wealth to insure against fire," passed on the twenty-first day of
February, in the year of our Lord one thousand eight hundred
and twenty, for and during the term of twenty years after the
passing of this act ; and by that name may sue and be sued,
plead and be impleaded, apj)ear, prosecute and defend to final judg-
ment and execution ; and may have a common seal, which they
may alter at pleasure ; and may purchase, hold and convey any Real estate,
estate, real or personal, for the use of said company : provided,
the said real estate shall not exceed the value of fifty thousand
dollars, excepting such as may be taken for debt, or held for col-
lateral security for money due to said company.

Sect. 2. Be it further enacted, That the capital stock of ^^P'^a' *'ock.
said company shall be two hundred thousand dollars, and shall be
divided into shares of one hundred dollars each, one hundred siiares.
thousand dollars of which shall be paid in money, within sixty
days after the first meeting of the said company, and the residue
within one year from the passing of this act, in such instalments, instalments,
and under such penalties, as the president and directors shall in
their discretion direct and appoint. And the said capital slock
shall not be sold or transferred, but shall be holden by the origi-
nal subscribers thereto, for and during the term of one year after
the said company shall go into operation ; and if the provisions
of this act shall not be complied with, within one year from the
first meeting, then the same shall be void.

Sect. 3. Be it further enacted, That the stock, property. Number and
affairs and concerns of the said company shall be managed and directors!
conducted by nine directors, one of whom shall be president
thereof, who shall hold their offices for one year and until others
are chosen, and no longer, and who shall, at the time of their
election, be stockholders in said company and citizens of this
Commonwealth, and shall be elected on the first Monday of May
in each and every year, at such time of the day, and in such
place in Boston, as a majority of the directors for the time being
shall appoint, of which election public notice shall be given in
two of the newspapers printed in Boston, and continued for the
space of ten days immediately preceding such election ; and the
election shall be made by ballot, by a majority of the stockhold-
ers present, allowing one vote to each share in the capital stock : Votes.
provided, that no stockholder shall be allovied more than thirty
votes ; and absent stockholders may vote by proxy, under stich
regulations as the said company shall prescribe. And if, through
any unavoidable accident, the said directors shall not be chosen
on the first Monday in May as aforesaid, it shall be lawful to
choose thern on any other day, in the manner herein provided.
And it shall be the duty of the secretary of said company, at any Secretary siiall
time, upon application in writing of the proprietors of twenty per onappHcatfoT"
centum of the capital stock, to call a meeting of the stockhold- of proprietors,
ers, to be holden at such time and place in said Boston, as they

150

1823.-

■Chap. 85.

Choice of presi-
dent.

Board of dircc
tors.

Kj-Iaws.

Proviso.

First nieelins

Provisos.

Limitation of
risks.

Location.

shall direct, for the purposes mentioned in such iipphcation, by
giving like notice thereof as is herein required for the election of
directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be after every election, and
shall choose out of their body one person to be president, who
shall be sworn or affirmed, to the faithful discharge of the duties
of his office, and who shall preside for one year. And in case
of the death, resignation, or inability to serve, of the president,
or any director, such vacancy or vacancies shall be filled for the
remainder of the year, in which they haj)pen, by a special elec-
tion for that purpose, to be held in the same manner as herein
before directed, respecting annual elections of directors.

Sect. 5. Be it further enacted, That the president and
four of the directors, or five of them in his absence, shall be a
board competent to the transaction of business ; and all questions
before them shall be decided by a majority of votes ; and they
shall have power to make and prescribe such by-laws, rules, and
regulations as to them shall appear needful and proper, touching
the management and disposition of the stock, pro()erty, estate,
and efiects of said company, and the transfer of the shares, and
touching the duties and conduct of the several oflicers, clerks,
and servants employed, and the election of directors, and all such
matters as appertain to the business of insurance ; and shall also
have power to appoint a secretary, and as niany clerks and ser-
vants for carrying on the said business, and with such salaries and
allowances to them and to the president as to the said board shall
seem meet : provided, such by-laws and legulations shall not be
repugnant to the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted. That any two or more of the
persons named in this act, are hereby authorized to call a meet-
ing of said company, by advertising the same for two successive
weeks in the Columbian Centinel, Boston Patriot and Daily Ad-
vertiser, printed in Boston, for the purpose of electing their first
board of directors, who shall continue in office till the first Mon-
day in May in the year of our Lord then next ensuing, and until
others shall be chosen in their stead : provided, hoicever, that
this charter shall be void and of no effect, unless put into opera-
tion agreeably to the terms of it, w ithin one year from and after
the passing of tliis act : and provided, also, that the said compa-
ny shall not take any risk, or subscribe any policy, by virtue of
this act, until one hundred thousand dollars of the capital stock
of said company shall have actuallv been paid in.

Sect. 7. Be it further enacted. That said company shall
never take on any one risk against fire, or other risk, or loan on
respondentia, or bottomry on any one bottom, at any one time,
including the sum insured, in any other way on the same bottom,
a sum exceeding ten per centum on the capital stock of said com-
pany actually paid agreeably to the provisions of this act.

Sect. 8. Be it further enacted, That the said insurance
company shall be located and kept in the city of Boston.

1023. Chap. 05—86. 151

Sect. 9. Be it further enacted, Tliat the said Washing- Liable lo taxa-
tori Fire and Marine insuiance Company sliall be hablc to be """•
taxed by any general law, providing for tlie taxation of all similar
corporations, which are by law liable to be taxed. [Feb. 7,
1824.] Add. act, 183Gch. 262.

An Act to incorporate the Globe Fire and Marine Insurance Company. Cyfldp, OD.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled^ and by the authority of
the same, That Enoch Silsby, Lewis Tappan, and Robert Wa- Persons incor-
terston, with their associates, successors, and assigns be, and they poraied.
are hereby incorporated into a body politic, by the name of the
Globe Fii'e and Marine Insurance Company, tor and during the
term of twenty years, from and after the passing of tliis act, with
all the privileges granted to insurance companies, and subject to Privileges and
all the restrictions, duties, and obligations contained in a law of ^"^^ "^ "'
this Commonwealth, entitled " an act to define the powers, du-
ties, and restrictions of insm-ance companies," passed on the six- ini7 ch. I20.
teenth day of February, in the year of om- Lord one thousand
eight hundred and eigliteen, and in a law of this Commonwealth,
entitled " an act authorizing the several insurance companies
in this Commonwealth to insure against fire," passed on the jgjc) ^h. 141.
twenty-first day of Februaiy, in the year of oin- Lord one thou-
sand eight hundred and twenty ; and by that name, may sue
and be sued, plead and be impleaded, appear, prosecute, and de-
fend to final judgment and execution ; and have a common seal,
which they may alter at pleasure ; and may purchase, hold, and
convey any estate, real or personal, for the use of said company :
provided, they shall not hold real estate exceeding the value of Real estate,
seventy thousand dollars, excepting such as may be taken for
debt, or held as collateral security for monies due to said com-
pany.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said company, exclusive of premium notes and profits, arising t?.f{'7*'ni
from business, shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per centum
of which shall be paid in money, within ninety days after the first
meeting of said company, and the residue in money to be paid, instalments.
twenty-five per centum thereof in six months, and twenty-five [Time for pay-
per centum in one year from and after said first meeting, under ing last instal-
such penalties as tiiree-fourths of the directors may determine ; by st. 1824 cii.
and the said capital stock shall not be sold or transferred, but ^"^. and 1829 ch.
shall be holden by the original subscribers thereto, for and during " "■'
the term of one year after said company shall go into operation as
aforesaid.

Sect. 3. Be it further enacted, That the property, af- Number and e-
fairs, and concerns of said company shall be managed and con- lection of direc-
ducted by nine directors, one of whom shall be president thereof,
who shall hold their offices for one year, and until others are cho-
sen, and who shall be stockholders in said company, and citizens
of this Commonwealth, at the time of their election, which shall
be on the second Monday of March in every year, at such time

152

1823.-

■Chap. 86.

Right of voting

Secretary, upon
application, to
call meeting of
stockholders.

Choice of presi-
dent.

Board of direc-
tors.

By-laws, &c.

Proviso.

First Meeting:.

Condition of
charter.

Location.

Limitation of
risks.

of the day, and place in Boston, as a majority of the directors, for
the time being, shall appoint : notice of which election shall be
given in two newspapers printed in Boston, at least ten days pre-
vious to the election, which shall be made by written ballots ;
and by a majority of the votes of the stockholders present, allow-
ing one vote to each share in the capital stock : provided, that
no stockholder shall be allowed more than thirty votes ; and ab-
sent stockholders may vote by proxy. And if from any cause,
the directors shall not be chosen on the second Monday in March
aforesaid, it shall be lawful to choose them on any other day in
manner herein provided. And it shall be the duty of the secre-
tary of said company, upon application in writing, made by the
]n-oprietors of twenty per centum of the capital stock, to call
a meeting of the stockholders, by giving like notice thereof, as is
herein prescribed for the election of directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be, after every election, and
shall choose out of their body one person to be president, who
shall be sworn faithfully to discharge the duties of his office, and
who shall preside for one year ; and in case of death, resignation,
or inability to serve, of the president, or any of the directors,
such vacancy or vacancies may be filled, for the remainder of the
year, by the surviving and continuing directors.

Sect. 5. Be it further enacted, Thai the president and
two of the directors, or three directors in theabsenceof the pres-
ident, shall be a board competent to the transaction of the busi-
ness of the company ; and all questions before them shall be de-
cided by a majority of tlie board ; and they shall have power to
make such rules and by-laws as iliey may deem proper for the
management of the affairs, and security of the property of said
company ; and have power to appoint a secretary, and such other
officers as they may think expedient, and make such compensa-
tion as they may deem adequate to the services performed : pro-
vided, that such rules and by-laws be not repugnant to the consti-
tution and laws of this Commonwealth.

Sect. G. Be it further enacted, That any two of the per-
sons named in this act are hereby authorized to call a first meet-
ing of this com[)any, for the purpose of organizing and putting the
same into operation, by giving notice in two new^spapers printed
in Boston, three days previous to the time of holding such first
meeting : provided, however, that this charter shall be void, and
oi no effect, unless put into operation agreeably to the terms of
it, within one year from and after the passing of this act : provi-
ded, also, that the said company shall not take any risk, or sub-
scribe any policy, by virtue of this act, until one moiety of
the capital stock of said company shall have actually been paid in.

Sect. 7. Be it further enacted, That the said insurance
company shall be located and kept in the city of Boston.

Sect. 8. Be it further enacted. That the said company shall
never take on any one risk, or loan, on respondentia, or bottom-
ry, on any one bottom, at any one time, including the sum in-

1823. Chap. 86—88. 153

siired in any other way, on the same bottom, a sum exceed-
ing ten per centum on the capital stock of said company actually
paid in, agreeably to the provisions of this act.

Sect. 9. Be it further enacted, That the said Globe Fire Liable to taxa-
and Marine Insurance Company shall be liable to be taxed by "<>"•
any general law providing for the taxation of all similar corpora-
tions, which are by law liable to be taxed. [JPefe. 9, 1824.]
Add. act, 1824 ch. 72 : 1829 ch. 28 : 1834 ch. 9.

An Act to incorporate the Boston Copper Manufacturing Company. C/lCtVt 8T.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That George C. F. Andrews, James Bartlett, and Persons incor-
Isaac Washburn, and their associates, successors, and assigns, be, pof^'cd.
and they hereby are made a corporatioir, by the name of the
Boston Copper Manufacturing Company, for the purpose of smelt-
ing and rolling sheet copper and copper bolts, and casting cop-
per composition and metals of all kinds, in the town of Boston
and Cambridge ; and for the purposes aforesaid, shall have all the Powers,
powers and privileges, and be subject to all the duties and require-
ments contained in an act passed the third day of March, in the
year of our Lord one thousand eight hundred and nine, entitled 1808 ch. 65.
" an act defining the general powers and duties of manufacturing
corporations ; " and the several acts in addition thereto.

Sect. 2. Be it further enacted. That the said corporation Real and per-
may be lawfully seized and possessed of such real estate not ex- so"ai estate,
ceeding one hundred thousand dollars in value, and such personal
estate, not exceeding two hundred thousand dollars, as may be
necessary and convenient for carrying on the manufacture afore-
said. [Feb. 9, 1824.]

An Act to establish the Salem Marine Railway Corporation. r^hnrt ftft

Sect. 1. BE it enacted by the Senate and House of Repre- "'

sentatives, in General Court assembled, and by the authority
of the same. That Stephen Phillips, William P. Richardson, Persons incor-
Pickering Dodge, James Cook and Joseph A. Peabody, all of P*""^'^^-
Salem, in the county of Essex, and such other persons as have
associated, and may hereafter associate themselves with them,
be, and they hereby are made a body politic and corporate, by
the name of the Salem Marine Railway Corporation, for the pur-
pose of making and supporting a marine railway in the town of
Salem ; and by that name, they and their successors may sue
and be sued, and generally do and execute whatever by law shall
appertain to bodies politic and corporate, and shall be capable in
law to take, and hold, in fee simple or otherwise, any lands, tene-
ments and hereditaments, not exceeding in the whole the value of
five thousand dollars, and shall also be capable in law to take and Real and per-
hold personal estate, not exceeding in the whole the sum of ten ^°"^ estate.
thousand dollars ; and shall also have power to sell, demise, ex-
change, and otherwise dispose of or manage all or any part of
their lands, tenements, hereditaments and personal estate afore-
said, for the benefit of said corporation, and shall also have a

VOL. VI. 20

154

1823.

■Chap. 88—89.

Number and
value of shares

Sale of the
shares of delin
quenls.

common seal, which they may break, alter and renew at their
pleasure ; and shall also have power to make by-laws with suitable
penalties, and not repugnant to the laws of this Commonwealth.

Sect. 2. Be it further enacted, That the whole property
of said corporation shall be divided into one hundred and fifty
shares, not exceeding the value of one hundred dollars each, and
said shares shall be considered in all respects as personal estate ;
and the said corporation shall have power, from time to time, to
assess upon each of said shares such sums of money as may be
deemed necessary for the purposes of said corporation ; and for
the payment of any such assessment, the said corporation shall
have power, after notice given pursuant to their by-laws in that
behalf, to sell and dispose of the shares of delinquent proprietors,
at such time and manner as the said corporation n)ay determine ;
and in case of any sale of such shares aforesaid, a deed or deeds
duly executed and acknowledged by the president of said corpo-
ration, or by any person authorized by said corporation, and re-
corded in their records, shall be as effectual to convey such de-
linquent proprietor's estate and interest in such shares, as if such
deed had been made -.md executed by such proprietor himself.

Sect. 3. Be it further enacted, That the first meeting of
said corporation shall be called either by personal notice to each
of the proprietors, or by advertisement in any of the public news-
papers printed in Salem aforesaid, such notice or advertisement
to be at least seven days before the day of such meeting ; and at
the said first meeting, or any other legal meeting, the said corpo-
ration may agree on the mode of calling and warning their annual
and other meetings ; and may elect a president, and such other
officers as they may judge proper for the orderly conducting of
their affairs and the management of their property, and may
Right of voiiug. change or remove such officeis at pleasure ; and at all meetings,
each proprietor jiresent shall be entitled to one vote for each of
his shares, and any absent proprietor shall be entitled to vote in
like manner by proxy authorized in writing.

Sect. 4. Be it further enacted. That the several persons
herein before named, or any two of them, be, and they hereby
are authorized to call the said first meeting in manner aforesaid.
[Feb. 9, 1824.]

First meeting.

Choice of offi
cers.

Chap. 89.

Persons incor-
porated.

An Act to incorporate the First Baptist Society in Dighton.

Sect. 1. BE it enacted by the Senate cmd House of Rep-
resentatives, in General Court assembled, and by the authority
of the sayne. That Peleg Francis, Nathan Simmons, George
Horton, Jonathan P. Sears, Ebenezer Lee, Gideon Hicks,
Daniel Witherell, Leander T. Wing, James Paull, Stephen
Smith, Jr., Caleb Paull, David S. Sinith, Percy N. Perce,
Anson Horton, Seth Horton, Elisha K. Paull, Baylies Horton,
Elisha Moulton, Philip Nichols, Thomas Lawton, Crummell
Goff, George A. Goff, Ezekiel Smith, Simeon Percy, Ephraim
R. Witherell, Asa Smith, Benjamin Pidge, Thos. Francis,
Thos. H. Francis, Stephen Smith, Benjamin Smith, Constant

1823. Chap. 89—90. J66

Simmons, George B. Simmons, G. Briggs, George Briggs, Jr.,
Nathan Briggs, Israel Lee, Sctli S. Horton, Abdiel Bliss, Sol-
omon Horlon, Jathniel Peck, William W. Waldron, Cromwell
Peck, Stephen Moullon, .Joseph jNichols, Golon Nichols, Otis
Nichols, Cyius M. Wheaion, Alancy R. Lawton, Richard Gofi]
Jr., Richard Goff, Nelson Goff, Leonard Goff, Horatio Goff,
Joseph Bowen, Darius Goff, George L. Horton, Grin N. Hor-
ton, Abdiel Bliss, Seth Talbert, Aaron M. Smith, Otis Peck,
Nathan Hicks, Jotham Hicks, Stephen Bowen, Seneca Bliss,
Talbot Horton, Darius Perry, Robert Whitmarsh, Enoch
Wheeler, Ebenezer Gooding and Israel Pierce, their associates,
successors and assigns, be, and they hereby are incorporated as
a religious society, by the name of the First Baptist Society in
Dighton, with all the powers and privileges, and subject to all the Powers and

,v , ', ., ', ,",.. *' .. privileges.

duties and liabilities o[ parishes and other religious societies, ac-
cording to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That any justice of the First meeting-.
peace, for the county of Bristol, is hereby empowered, upon ap-
plication therefor, to issue a warrant, directed to any freeholder
and member of said First Baptist Society, requiring him to notify
and warn the members thereof, to meet at such convenient time
and place, as shall be appointed in said warrant, to organize said
society, by the appointment of its officers. [Feb. 9, 1824.]

All Act to incorporate tlie Boston Mcclianics' and Traders' Insurance Company. CfldJ). 90.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Samuel T. Armstrong, William Parker, Persons incor-
Stephen Fairbanks, Uriel Crocker and Charles Ewer, with their
associates, successors and assigns, be, and they hereby are incor-
porated into a company and body politic, by the name of the
Boston Mechanics' and Traders' Insurance Company, with all Powers and re-

,1 „ • •! 1 . 1 . • ' • J strictions.

the privileges and powers granted to insurance companies, and
subject to all the restrictions, duties and obligations, contained in
a law of this Commonwealth, entitled "an act to define the povv- I8i7ch. 120.
ers, duties and restrictions of insurance companies," passed on
the sixteenth day of February, in the year of our Lord one thou-
sand eight hundred and eighteen, and in a law of this Common-
wealth, entitled " an act authorizing the several insurance com- I8i9ch. !41.
panies in this Commonwealth to insure against fire," passed on
the twenty-first day of February, in the year of our Lord one
thousand eight hundred and twenty, for and during the term of
twenty years after the passing of this act ; and by that name may
sue and be sued, plead and be impleaded, appear, prosecute and
defend to final judgment and execution ; and may have a common
seal, which they may alter at pleasure ; and may purchase, hold Real estate,
and convey any estate, real or personal, for the use of said com-
pany : provided, the said real estate shall not exceed the value of
thirty thousand dollars, excepting such as may be taken for debt,
or held as collateral security for monies due to said company.

156

1823..

-Chap. 90.

Capital stock.

Shares.
Instalments.

Proviso.

Number and
election of
directors.

Right of voting,

Choice of presi-
dent.

Vacancies.

Board of direc-
tors.

By-laws, &c.

Sect. 2. Be it furtJier enacted^ That the capital stock of
said company sliall be three hundred tliousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per
centum of which shall be paid in money within ninety days
after the first meeting of the said company, and the residue
to be paid in money also, within one year from the passing
of this act, under such penalties as the president and directors
shall in their discretion direct and appoint : provided, hou-ever,
that the said company shall not take any lisk, or subscribe any
policy by virtue of this act, until one moiety of the capital stock
of said company shall have actually been paid in.

Sect. 3. Be it further enacted, That the stock, property,
affairs and concerns of said company shall be managed antl con-
ducted by twelve directors, one of whom shall be president thereof,
who shall hold their oflices for one year, and until others are
chosen, and no longer; and who shall at the time of th^ir election
be stockholders and citizens of this Commonwealth, and shall be
elected on the second Monday of March, in each and eveiy year,
at such time of the day and in such place in the city of Boston,
as a majority of the directors, for the time being, shall appoint ;
of wliich election public notice shall be given in two news-
papers printed in the city of Boston, and continued for the space
often days inmiediately preceding such election, and the election
shall be made by ballot, by a majority of the votes of the stock-
holders present, allowing one vote to each share in the capital
stock : provided, that no stockholder shall be allowed more than
ten votes, and absent stockholders may vote by proxy, under
such regulations as the said company shall prescribe ; and if,
through any unavoidable accident, the said directors shall not be
chosen on the second Monday in March, as aforesaid, it shall be
lawful to choose them on any other day in the manner herein
prescribed.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be, after every election, and
shall choose out of their body one person to be president, who
shall be sworn faithfully to discharge the duties of his office, and
who shall preside for one year ; and in case of the death, resig-
nation, or inability to serve, of the president or any director,
such vacancy or vacancies shall be filled, for the remainder of
the year in which they happen, by a special election for that pur-
pose, to be held in the same manner as herein before directed,
respecting annual elections of directors.

Sect. 5. Be it further enacted. That the president and four
directors, or five of them in his absence, shall be a board com-
petent for the transaction of business, and all questions before
them, shall be decided by a majority of votes, and they shall have
power to make and prescribe such by-laws, rules and regulations,
as to them shall appear needful and proper, touching the manage-
ment and disposition of the stock, property, estate and effects of
the said company, and the transfer of the shares ; and touching
the duties and conduct of the several officers, clerks and servants
employed, and the election of directors, and all such matters as

1823. Chap. 90—92. 157

appertain to llie business of insurance, and shall also have power
to appoint a secretary, and so many clerks and servants for car-
rying on the said business, and with such salaries and allowances
to them and to the president as to the said board shall seem meet :
provided, such by-laws and regulations shall not be repugnant to Proviso,
the constitution and laws of this Commonwealth.

Sect. G. Be it further enacted, That any three or more First meeiing.
persons named in this act of incorporation are hereby authorized
to call a meeting of the said company as soon as may be, in
Boston, by advertising the same for two successive weeks, in
two newspapers printed in Boston, for the purpose of electing
the first board of dii'eclors, who shall continue in office until the
second Monday of March, in the year of our Lord then next en-
suing.

Sect. 7. Be it further enacted, That the capital stock of <-o"<l'''on of
said company shall not be sold or transferred, but shall be holden
by the original subscribers thereto, for and during the period of
one year, after the charter shall be put into operation as aforesaid ;
and in case the same shall not be put into operation, according to
the provisions thereof, within one year from the passing of this
act, it shall be null and void.

Sect. 8. Be it further enacted, That the said company Limitation of
shall never take on any one risk, against fire, or other risk, or '^''^^■
loan on respondentia or bottomry, on any one bottom, at any
one time, including the sum insured in any other way on the
same bottom, a sum exceeding ten per centum on the capital
stock of said company, actually paid in agreeably to the provi-
sions of this act.

Sect. 9. Be it further enacted. That the said insurance Location.
company shall be located and kept in the city of Boston.

Sect. 10. Be it further enacted, That the said Boston Liable to taxa-
Mechanics' and Traders' Insurance Company shall be liable to '""'
be taxed by any general law providing for the taxation of all sim-
ilar corporations. [Feb. 9, 1824.]

An Act to provide for the appointment of the Treasurer of the county of Nantucket, f^hnn 91 .

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That, from and after passing this act, the treasurer of the
town of Nantucket shall be ex-officio the treasurer of the county
of Nantucket, any law of this Commonwealth to the contrary
notwithstanding. [Feb. 7, 1824.]

An Act for the preservation of Westport Harbor. f^hnn Q^

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That, from and after the passing of this act, it shall not No person al-
be lawful for any person or persons whatsoever, to dig or carry '°^^*^ '° ^^^
away any sand from the beach called Horse-neck, within sixty
rods of the east side of the mouth of the harbor, or the most
westerly end of said Horse-neck beach, in the town of West-
port, in the county of Bristol.

158 1823. Chap. 92—93.

Penalty. Sect. 2. Be it further enacted^ That if any person or per-

sons shall offend against the provisions of this act. he or they
shall forfeit and pay the sum of fifteen dollars for each and every
such offence, to be recovered by action of debt in any court
proper to try the same, one moiety to the use of any person who
shall sue for and recover the same, and the other moiety to the
use of said town of W'estport. [Fe6. 7, 1824.]

f^hntt Q'? All Act to authorize Nathan Bridge to dispose of certain real estate in Charleslown,
KyliajJ. VO. a,)j for other purposes.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
May sell real the same, That Nathan Bridge, of Charlestown, in the county of
estate. Middlesex, merchant, be, and he hereby is duly authorized and

empowered, at any lime within three years, to sell and dispose of
the dwelling house, with the land and appurtenances occupied by
the said Bridge, in said Charlestown, and which were devised to
him ior life, renuiinder to his children, by his late father, Matthew-
Proceeds of sale Bridge, late of said Charlestown, deceased ; and to invest the
how to be in- proceeds to arise from said sale or sales, in real estate, situate in
the city of Boston, or in the United States' stock, or stocks of
one or more of the banks within this Commonwealth, to be
placed in the hands of three trustees, to be appointed by the judge
of probate, for the said county of Middlesex ; and to be by them
holden in trust to pay over the rents, interest, and income of said
real estate and stocks to the said Nathan Bridge, or his assigns,
during his life ; and after his decease, then in trust to hold said
estates and stocks, to the use of the children of the said Nathan,
and their personal representatives, their heirs and assigns, forever :
Toffiveboiid provided, the said Nathan Bridge first give bond, with sufficient
lojud^e of pro- sureties, to the judge of probate, for the county of Middlesex,
^^^' that he will faithfully endeavor to cause said land and tenements

to be sold to the best profit and advantage ; and will well and
truly invest or cause to be invested, the proceeds that shall arise
from said sale or sales, in the manner herein above provided ; and
place the same in the hands of trustees to be appointed as afore-
said, upon the trust aforesaid, immediately from and after said
Deeds. sale or sales ; and any deed or deeds made and executed by the

said Nathan Bridge, of the said lands and tenements in pursuance
of the powers to him herein granted, and duly acknowledged and
recorded in the registry of deeds for the county of Middlesex,
shall make a complete and legal title in fee to the purchaser or
purchasers thereof.
Power of courts. Sect. 2. Be it further enacted. That the said judge of
probate for the county of Middlesex, and the supreme court of
probate of the Commonwealth, shall have all the power and au-
thority over the said trust, and the funds and the trustees thereof,
which by law they now have in cases of trusts for the benefit of
minors or other persons, arising under any last will and testament.
[Feb. 10, 1824]

1823. Chap. 94—95. 159

An Act to alter and amend an Act, entitled "An Act to establish the First Baptist So- QJidj)^ 94.
ciety in VVcstborough." ■'■

Sect. 1. BE it enacted by the Senate and House of Rep- i8iGch.70.
resentatives, in General Court assembled, and by the authority of
the same^ Thai any person who may hereafter wish to unite in
religious worship, and become a member of said society ; or who
may wish to leave said society, and join some other parish, or re-
ligious society, shall at any lime have liberty so to do, by com-
plying with the formalities prescribed by the act of which this
is an amendment.

Sect. 2. Be it further enacted, That so much of the act, of 1816 ch. 70.
which this is an amendment, as is inconsistent with this act, be
repealed. [Feb. 10, 1824.]

An Act to incorporate the Proprietors of the Mill-pond Wharf in Boston. CHcW 95

Sect. 1. BE it enacted by the Seriate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Israel Thorndike, Joseph Sewall, and John Persons incor-
Bumstead, and their associates, successors, and assigns, be, and po^ated.
they hereby are constituted a body politic and corporate, by the
name of the Proprietors of the Mill-pond Wharf; and the said
corporation, by the same name, are hereby declared and made Powers and
capable in law to sue and be sued, to plead and be impleaded, to Pf'^'eges.
have a common seal, and the same to alter and renew at pleasure ;
to make rules and by-laws for the regulation and management of
their corporate property and estate, consistent with the laws of
the Commonwealth, and generally to do and execute whatever
by law shall appertain to bodies politic.

Sect. 2. Be it further enacted, That the property of the Shares.
said corporation shall be divided into shares, not exceeding three
hundred in number, as the said corporation may find to be most
expedient, and certificates of the shares shall be signed by the
president of the corporation, and issued to the proprietors respec-
tively : and the shares in said corporation shall be transferable by Manner of
endorsement on said certificates, and the property in such shares "■a"^^^''-
shall be vested in the assignee or vendee thereof, when a record
shall be made thereof by the clerk of the corporation, and new
certificates shall be issued accordingly ; and such shares shall be
considered in all respects personal estate.

Sect. 3. Be it further enacted. That the said corporation Assessments,
shall have power from time to time, to assess such sums of money
as may be deemed necessary for building or repairing any build-
ing or other property of said corporation, or necessary for the
building of any new wharves or tenements, or for the improve-
ment and good management of the corporate estate, agree-
ably to the true intent and meaning of this act. And in case any Saie of shares
proprietor shall refuse or neglect to pay any assessment, the said of delinquents,
corporation may cause such of the shares of such proprietor, as
may be sufficient therefor, to be sold at public auction, after ten
days notice, to the highest bidder ; and after deducting the amount
assessed and unpaid, together with the charges of the sale, the
surplus, if any, shall be paid over to such proprietor ; and the

160

1823.-

-Chap. 95—96.

Real and per-
sonal estate.

Riffht of votin"

First meeting.

Election of offi-
cers.

Chap, 96.

Persons incor-
porated.

Powers and
privileges.

purchaser of such share or shares so sold shall be entitled to and
receive a certificate of the share or shares by him purchased.

Sect. 4. Be it further enacted^ That the said corporation,
by virtue of this act, shall have power to hold and possess real
and personal property, not to exceed the value of two hundred
thousand dollars, at one time, and in all meetings of the members
of said corporation for the transaction of business, each mem-
ber or proprietor shall be entitled to one vote for every share
by him held in said corporation : provided^ always^ that no
member shall ever be entitled to more votes than shall be equal
to one third part in value of the corporate property : and pro-
vided^ further, that no assessment shall be made at any meet-
ing, unless the same shall be agreed to by two-thirds at least in
number and value of those present or represented at such meet-
ing, nor unless public notice shall have been given, at least, ten
days previous to such meeting, by publication thereof in one or
more of the newspapers printed in Boston. Proprietors may ap-
pear and act at any meeting by proxy in writing.

Sect. 5. Be it further enacted, That either of them, the
said Thorndike, Sewall, or Bumstead, may call a meeting of said
corporation, by advertising the same in any of the newspapers
printed in Boston, ten days, at least, before the time of meeting,
and that the said corporation may at such, or any other meet-
ing, agree on the mode of calling future meetings, and elect a
president and clerk, and may elect all such other officers as said
corporation may think fit for conducting and managing the corpo-
rate affairs and estate, and the same may change and remove as
said corporation shall see fit. [Feb. 10, 1824.]

An Act lo incorporate the First Universalist Society in Marlborough.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Ephraim How, .lames Wood, Lyman Morse,
William Annet, Micah Sherman, Silas Temple, Ephraim Dru-
ry, Jedediah Wood, Samuel Winchester, Phineas Hall, Truman
Hagar, John Maynard, Benjamin Parker, Silas Eelton, Silas
Winch, John Sawin, Samuel M. Sherman, Benjamin Lufkin,
John Arnold, Amory Cotting, Eli Maynard, Stephen Ames,
William Felton, .Tr., Truman Stow, Sullivan Thayer, .Jonathan
Sawin, Ephraim Maynard, Jr., William Rice, .lohn Cotting,
George E. Monson, Eliphalet Spurr, Jonathan Smith, Willard
Morse, Bezaleel Hayden, Abel Brigham, Edward Hager, .Tohn
Nurse, Samuel Jennisson, .Tr., Abijah Brown, John G. Bar-
nard, Elijah Puffer, Pierce Burnham, Samuel Arnold, and Eli-
jah Hale, with their families, polls, and estates, together with all
others who may hereafter associate with them, and their succes-
sors, be, and they are hereby incorporated into a religious soci-
ety, by the name of the First Universalist Society in Marlbor-
ough, with all the privileges, powers and immunities to which
other religious societies in this Commonwealth are entitled by
law.

1823. Chap. 96—97. 161

Sect. 2. Be it further enacted, That the said society shall Real and per-
be capable in law, to purchase, hold, and dispose of any estate, sona' estate,
real or personal, for the use of said society : provided, the annual
income thereof, shall not exceed at any one time, the sum of two
thousand dollars.

Sect. 3. Be it further enacted, That the said society may By-laws,
have power to order and establish such regulations, rules, and
by-laws for their government, and for the management of their
concerns, as they may see fit : provided, the same are not repug-
nant to the laws and constitution of this Commonwealth.

Sect. 4. Be it further enacted. That all taxes for building Assessments.
and repairing a house for public worship, supporting a minister or
ministers, and all other incidental charges attending the same, may
be levied and collected by assessments on the polls and estates
of the members of said society, or on the pews in such house as
they may build or purchase, in such manner as the society shall
hereafter determine at a meeting legally notified for said pur-
poses.

Sect. 5. Be it further enacted, That any justice of the First meeting,
peace, for the county of Middlesex, is hereby authorized to issue
a warrant directed to some member of said society, requiring him
to notify and warn the members thereof, to meet at such conven-
ient time and place as shall be appointed in said warrant, for the
choice of such oflicers, as parishes are by law empowered to
choose at their annual meetings, and to transact all such business
as religious societies have a right to transact. [Feb. 10, 1824.]

An Act more efFectually to prevent the destruction of Shad and Alewives, in the Sau- CuCtp, 9 i •
gus river, and its tributary streams, within the towns of Lynn, Saugus, South Read-
ing, and Lynufield. ^ j3q1 ^^ gj_

Sect. 1. BE it enacted by the Senate and House of Repre- (v. 2, p.304.)
sentatives, in General Court assembled, and by the authority of i^^^pl 393.)
the same. That the towns of Lynn, Saugus, South Reading, and „
Lynnfield, shall be, and they are hereby respectively empowered ered to choose
and directed, at their annual meetings for the choice of town offi- committees,
cers, to choose in each town, three persons, inhabitants thereof,
to see that the laws respecting the passage ways for shad and ale-
wives, be observed, and each person so chosen shall be sworn to
the faithful discharge of his duty. And the said committees of
said towns shall meet together annually, on or before the first day
of April, at such time and place as the person first chosen by the
town of Lynn shall appoint, to be by him duly notified. And Power of com-
the major part of those of the said committees who shall be pres- """*"•
ent at such meeting, are hereby authorized and empowered to
order the times, places, and manner in which said fish may be
taken in Saugus river and streams, in each of said towns. And
the members of the said committees shall have joint and concur-
rent jurisdiction in each of said towns, so far as respects said river
and streams. And in case either of said towns shall neglect to
choose the committee assigned to it, the committee or commit-
tees which shall be duly chosen and sworn within the other towns,
or either of them, shall have the powers and shall perform the

TOL. VI. 21

162

1823.-

■Chap. 97.

Regulations to
be posted.

Passage ways
for fish to be
opened.

Penalty,

Fine for taking
fish irregularly.

Fines for ob-
structing river,
or molesting
committee.

duties hereby required. And the regulations which shall be so
agreed upon by said committees shall be written and posted, in
three public places at least, in each of said towns.

Sect. 2. Be it further enacted, That the said committees,
or the n)ajority of the members, not less than three in number,
who shall be present at any meeting duly notified by the first cho-
sen or eldest member of the committee, which shall be chosen in
the town of Lynn, or by the request of any three members of
said committees, shall be, and they are hereby authorized and
empowered to require of the ow-ner or occupant of any dam or
sluice-head of any mill, erected, or that may be erected over said
river or streams, to open and keep therein a sufficient passage
way for said fish, at such time on or after the first day of April,
annually, as the said committees, or the major part present, as
aforesaid, shall think necessary ; and may also require 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 the
said fish ; and upon neglect or refusal of such owner or occupant
of any dam, or sluice-head, or canal, as aforesaid, to comply with
this act, the said committee, or major part who shall be present
at any meeting as aforesaid, shall and may cause such sufficient
passage way and opening as they shall judge necessary for the
purposes aforesaid, to be inade in such dam, sluice-head, or ca-
nal, with least prejudice to the owner or occupant, and at his ex-
pense. And such passage and opening shall and may be contin-
ued at the discretion of the said committee, from the time they
shall order the same, as aforesaid, and until they shall order or
l)ermit the closing of the same, not exceeding the fifteenth day of
June in every year. And if any person or persons shall obstruct
the passage way or opening, required or allowed by the said com-
mittees, or the major part of them, as aforesaid in any dam,
sluice-head, or canal, within their jurisdiction as aforesaid, such
offender or offenders shall forfeit and pay a sum not exceeding
sixty dollars, nor less than thirty dollars.

Sect. 3. Be it further enacted^ That if any person or per-
sons shall be found taking any of the aforesaid fish on any day, or
in any place, or in any manner contrary to the regulations of the
said committees, or of otherwise killing and wasting such fish,
such offender shall forfeit and pay a sum not exceeding two dol-
lars nor less than one dollar for each offence.

Sect. 4. Be it further enacted, That it shall be the duty
of the said committees, jointly, and of each committee in their
respective towns, to see the observance of this act, and they shall
have authority therefor to go upon the land bordering upon the
said river or streams, and shall not be considered as trespassers
therein. And any person who shall molest said committees, or
either of them, in the execution of their office, or shall injurious-
ly obstruct the said river and streams, shall forfeit and pay a sum
not exceeding three dollars, nor less than one dollar, according
to the aggravation of the offence. And all fines and forfeitures

1823. Chap. 97—100. 163

given by this act shall and may be sued for and recovered, by
action of debt, in any court proper to try the same, by the said
committees, or any one of them ; one moiety to the use of the
prosecutors, and the other moiety to the use of the poor of the
town in which the offence shall happen.

Sect. 5. Be it further enacted. That all laws heretofore Repeal offor-
made for regulating the fishery in the said river and streams in "^^^ '^*^-
Lynn, Saugus, Soudi Reading, and Lynnfield, with joint or sep-
arate authority, are hereby repealed : provided, nevertheless, that Provisos,
nothing in this net shall be so construed as to affect, in any way, j^^^ ^^ ^j
an act passed March third, one thousand eight hundred and two, (v. 2. p! 504.)
so far as it respects the stream leading from the flax-pond and
emptying into said Saugus river, or any other streams within the
said town of Lynn : provided, also, that said joint committee
shall have no control nor jurisdiction over any stream within the
town of Lynn, other than said Saugus river. [^Feb. 10, 1824.]

An Act to establish the division line between Dighton and Wellington. f^hoT) ^Q

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the line of division between the towns of Welling- Line altered.
ton and Dighton, in the county of Bristol, be so altered, in the
western extremity thereof, as to run from the corner near Abie-
zer Briggs' house, west seventeen degrees and one half north,
until it strikes the line of Rehoboth, in such course that the said
line of division between Wellington and Dighton, being thus al-
tered, may run straight from the corner near the house of Con-
stant Simmons, to Rehoboth line ; and that all that part of the
territory of the town of Dighton lying north of the line aforesaid,
be set off from the town of Dighton, and annexed to the town of
Wellington.

Sect. 2. Be it further enacted. That any person who may paupers.
have gained an inhabitancy, at any time before the passing of this
act, within that part of the town of Dighton, which is, by this act,
annexed to the town of Wellington, and who now is or hereafter
may need to be supported as a pauper, shall be supported by the
said town of Wellington ; and all such persons, together with those
who may derive their settlement from or under them, shall be
deemed and taken to have their settlement in the town of Wel-
lington, aforesaid. [Feb. 12, 1824.]

An Act authorizing the taxing of the Pews in the Congregational Meeting-house in (^/ir/j) ]f)0
New-Bedford. 1

Sect. \. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the members of the Congregational Society Power to raise
known by the name of the Bedford Precinct, in the town of New- "»°iey by tax
Bedford, in the county of Bristol, be, and they hereby are em-
powered to raise any sum or sums of money, which the said
members may hereafter, at any legal meeting called for that pur-
pose, vote to raise, for the support of a gospel minister in the
said society, and for other necessary expenses, by a tax upon the

164 1823. Chap. 100.

Proviso. pews in said meeting-house : provided, hoicever, that said so-

ciety may by vote except from taxation such pews as they may
think fit, not exceeding six in number on the lower floor, and as
many in the gallery as they may think proper, and instruct the
assessors accordingly, who shall omit sucli pews in the assess-
ments.
Valuation of Sect. 2. Be it further enacted, That for the equitable ap-

pews. portionment of the taxes to be assessed on said pews, the mem-

bers of said society shall cause a valuation thereof to be made, by
a comniittee to be chosen by them for that purpose ; and the report
of that committee, stating the number and value of said pews shall,
when accepted and recorded, be binding on all persons inter-
ested, for the purpose of taxation as aforesaid ; and the sums vo-
ted to be raised on said pews, shall be apportioned and assessed
thereon, by the assessors for the time being, according to such
valuation.
Assessment and Sect. o. Be it further enacted, That the assessors of said
collection of society shall make out a fair list of the taxes assessed on pews,
according to this act, and commit said list to the treasurer of the
society, to receive and collect the taxes ; and it shall be the duty
of the said treasurer, as soon as may be, after receiving the said
list, to give notice thereof, by posting a copy of said list, at said
meeting-house door, stating the number of each pew and the
amount of taxes set against it, with a notification written thereon,
for persons interested in said pews, to pay the tax upon the same
Sale of pews of within thirty days from the date of the said notification ; and if
delinquents. ^j^g ^g^ upon any j)ew shall not be paid to the treasurer within
thirty days, according to his notification as aforesaid, it shall be
the duty of the treasurer, and he is hereby empowered to sell the
pew upon which such tax, or any part of it, shall remain unpaid,
at public auction to the highest bidder ; and his deed to the pur-
chaser lecorded in the records of the town of New-Bedford, shall
give to the purchaser a perfect right and title to said pew ; and
he or she shall afterwards be considered the legal owner thereof :
Proviso. provided, however, that the treasurer shall, after the expiration of

said thirty days, give at least ten days notice of the time and place
of vendue, by posting up one advertisement at said meeting-
house, and one at some other public place in said town, stating
the number of the pew to be sold, and the tax due upon it.
Adjournment of Sect. 4. Be it further cnactcd. That in case an adjourn-
salesofpews. ment of the sale of pews shall appear to the treasurer to be ne-
cessary, he may adjourn his sale for a time not exceeding seven
days at a time, until his sales are completed ; and in all cases he
shall pay over, on demand, to the former owner of pews, the bal-
ance in his hands, arising from the sales, after deducting the taxes
due, and his reasonable charges for advertising and selling the
same. [Feb. 12, 1824.]

1823. Chap. 102. 163

An Act to incorporate tlio Trustees of the Green Foundation. ChflT1 1 02

Whereas the heirs of Thomas Green, late of Boston, in the preamble,
county of Siilfolk, deceased, in pursuance of a design formed
by the said Green in his life time, have made a donation of a cer-
tain sum to the ministers, wardens and vestry of Trinity Church,
in said Boston, for the time being, in trust, as a fund for the
support of an assistant minister for said church ; and the pres-
ent minister, wardens and vestry of said church, have by their
petition,- prayed this Legislature to incorporate them trustees '

for the due management of said fund, and vest them with the
power necessary to carry into effect the pious purpose of the
donors :

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the minister, wardens and vestry of Trinity Persons incor-
Church, in Boston, for the time being, be, and they are hereby poratea.
incorporated as trustees, by the name of the Trustees of the Green [e final annexed
Foundation, and by that name they and their successors in office '° ^^^ "^™^ °^
shall be and continue a body corporate forever, and they shall 22.]
have a common seal, subject to alteration at their pleasure, and Powers,
they may sue and be sued in all actions, real, personal and mixed,
and prosecute and defend the same to final judgment and execu-
tion, and plead and be impleaded by the name aforesaid.

Sect. 2. Be it further enacted, That said trustees and their Election of
successors shall annually elect from their number, a president, ^f^rk!^"'^"
and clerk to record the doings and transactions of the trustees at
their meetings, and a treasurer to receive and pay the monies
belonging to the said fund, or which n)ay hereafter be given, or
added thereto, and to invest the same according to the direction
of the trustees thereof; and all other officers necessary for the
management of their business.

Sect. 3. Be it further enacted, That the trustees and their Power of trus-
successors be and hereby are invested with full power, to hold
all sums of money, notes, bonds or obligations, and all deeds,
bequests, legacies, devises and donations that may be given or
made to them in trust, for the benefit of said fund : provided,
that ihey shall not at any one time hold real estate to an amount Real estate. ,
exceeding fifty thousand dollars, and to collect the interest or
rents and profits of the same, and also to collect the principal
sum when due and payable, or require security for the pay-
ment, when in their apprehension the debts are in danger of being
lost. And they are hereby authorized to add the annual interest
to the principal, and place the whole at interest on good securi-
ty ; or invest it, either wholly or in part, in such other manner
as to them shall seem expedient. But nothing in this act shall
authorize the said trustees to use or apply any money given for
the purpose aforesaid, in any manner contrary to the direction of
the donors, as set forth in their deed of donation.

Sect. 4. Be it further enacted. That the said trustees may
hold, sell or lease any real estate (not exceeding the amount
above mentioned) which may be given, devised, sold, mortgaged

166

1823.

■Chap. 102—108.

May execute
deeds of sale.

Meetings of
trustees.

[See St. 1824
ch. 22.]

B^'-laws.

First meelin"'.

C%;103.

Preamble.

Persons incor-
porated.

Powers and
privileges.

May hold
estate.

Appropriation
of income.

or set off on execution to them, or vvhicli shall he otherwise
vested in them for the support of said fund, and they may make,
execute and acknowledge a good and sufficient deed or deeds
thereof, which deed or deeds, subscribed by their treasurer, and
acknowledged by him by direction of said trustees, with their
seal thereto affixed, shall be good and effectual in law, to pass
and convey the fee simple, or any less interest according to the
tenor of said deed or deeds to the purchaser, to all intents and
purposes whatever. And the said trustees may assemble and
meet as often as they think necessary for the promotion of their
trust, any seven of whom shall constitute a board for doing busi-
ness, but the concurrence of ten at least shall be requisite to
every act and proceeding whatever, except the adjournment of
a meeting, for which purpose any number may be sufficient.
And they may make rules, regulations and by-laws, not repug-
nant to the laws of this Commonwealth,

Sect. 5. Be it further enacted, That the said trustees,
treasurer, clerk, or other officers employed by them, shall be
entitled to receive no compensation for the services they may
perform out of any monies belonging to said fund.

Sect. 6. Be it further enacted, That .Joseph Head, Esq.
of said Boston, be, and he is hereby authorized to call the first
meeting of the said trustees, at such time and place as he shall
judge expedient. [Feb. 12, 1824.] Add. act, 1824 ch. 22.

An Act to incorporate the Trustees of the Congregational Ministerial Fund in the
town of Hadley.

Whereas, William Porter and others, members of the Con-
gregational Church in Hadley, are desirous of establishing a
fund, to be raised by subscription, for the purpose of aiding
in the support of an orthodox minister of the gospel in said
town, and in behalf and at the request of said church, have pe-
titioned that they may be incorporated as trustees for the
management and application of said fimd when raised :
Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That William Porter, Esq., .Jacob Smith, Erastus
Smith, Jason Stockbridge, Mathaniel Coolidge, Jun., William
Dickinson and Elisha Dickinson, all inhabitants of the town of
Hadley, be, and they are hereby constituted a body politic and
corporate, by the name of " the Trustees of the Congregational
Ministerial Fund in Hadley," and by that name may sue and be
sued, plead and be impleaded, and may have a common seal,
and shall possess and enjoy all such other powers and privileges,
as are incident to corporations of a like nature.

Sect. 2. Be it further enacted. That the said trustees shall
have power to take into their hands and hold all such subscrip-
tions, donations, grants, bequests and devises, as may hereafter
be made to them : provided, however, the annual income thereof
shall not exceed the sum of twelve hundred dollars ; and said in-
come shall be by them appropriated in manner following, to wit :
no part of said income shall be expended until it shall amount to

1823. Chap. 103. 167

one hundred dollars, and when it shall amount to one hundred
dollars, fifty dollars thereof and so much more of said income as
said trustees shall deem expedient, shall be annually added to the
principal, until the annual income shall exceed five hundred dol-
lars, after which the whole income may be expended if necessa-
ry ; and the said trustees, subject to the aforesaid limitations,
shall annually appropriate the income of the fund vested in them
to the support of such congregational minister of the church in
Hadley, as they shall by their by-laws and regulations, to be
made at their first meeting, limit and appoint.

Srct. 3. Be it further enacted^ That the said trustees, at Rules and reg-
their first meeting, to be called as hereinafter provided, and u|fauJrab°e'^^
within three months from the passing of this act, shall adopt such
rules and regulations for the management and appropriation of
said fund, as they shall deem wise and expedient, and such rules
and regulations, when so adopted, shall be forever afterwards
unalterable and binding as well upon said trustees as upon the
contributors to the fund aforesaid : provided, however, that such Proviso,
rules and regulations shall not be repugnant to the constitution
and laws of this Commonwealth ; and the said trustees at such
first meeting shall prescribe the mode of calling future meetings,
and appoint a clerk, who shall be sworn faithfully to record all
their votes and proceedings, and also a treasurer, who shall give
bond to the said trustees and their successors, with suflicient
surety conditioned to perform all the duties incumbent upon him
as treasurer ; and such officers, so appointed, shall hold their
offices, until others are appointed and qualified in manner afore-
said to succeed them.

Sect. 4. Re it further enacted, That the number of trus- Number of
tees shall never be more than seven, nor less than three ; and ^^'^^^^*^^-
the said trustees, whenever any vacancy shall happen by death,
resignation, removal or otherwise, shall at their next meeting,
after such vacancy occurs, elect some person to fill the same,
and shall not suffer any vacancy to remain unfilled more than
twelve months, and shall have power to remove any member,
who may from age, infirmity or misconduct become unfit to dis-
charge the duties of a trustee.

Sect. 5. Be it further enacted, That in no case shall the Principal of
principal of said fund be expended, but the same shall be unalien- expended.
able ; and whereas the same fund is created by the voluntary do-
nation and contribution of individuals, the said trustees shall keep
and preserve a list of the donations and of the names of the do-
nors thereto, and in case the same shall be mismanaged or not ap-
propriated according to this act and the permanent regulations to
be adopted as aforesaid, any one or more of the donors, or his or
their heirs, or any of them, may have and file a bill in equity
against the said trustees, or any one or more of them, therein
specifying as distinctly as may be such mismanagement or neglect,
before the supreme judicial court holden for the county of Hamp- p- J- p""""* '«
shire, and the said court is hereby authorized to hear and determine uon in cases of
the same, and to exercise jurisdiction thereon, according to the mismanage-

168

1823.-

-Chap. 103—104.

Appointment of
trustees.

Rules to be filed
in town clerk's
office.

First meeting'.

C/mp 104.

1821 ch. 100.

Increase of
stock.

Part of former
act repealed.

rules of proceeding in chancery, and to decree as equity and good
conscience shall require, each of said trustees to be responsible
for his own acts and not one for another ; and any sum of money
awarded or decreed to be paid by any of said trustees shall be
for the benefit of said fund and be paid over accordingly, and a
final decree against any one of said trustees for mismanagement
in said office, shall ipso facto be a disqualification for his acting
as a trustee ; and in case all of said trustees shall be at once so
disqualified, new trustees may be appointed by the male n)embers
of the congregational church in Hadley, which shall by law be
deemed the same with or successor to the present congregational
church, said appointment to be made at a meeting for that pur-
pose, warned at least seven days previously, and said trustees,
so appointed, shall have the powers and be subject to the duties
of the trustees herein first mentioned.

Sect. 6. Be it further enacted, That the said trustees,
within four months from the passing of this act, shall file in the
clerk's office of the town of Hadley a copy of their permanent
rules and regulations, attested by their clerk, which copy shall
and may be used as evidence in all cases where the original would
be evidence ; and the said trustees, their officers, agents or at-
torneys shall never receive any compensation for their services
from the proceeds of said fund.

Sect. 7. Be it further enacted, That any four of the per-
sons herein before named as trustees, may call the first meeting
of the trustees, giving to each of the other of said trustees seven
days previous notice of the time and place of holding the same.
[Feb. 12, 1824.]

An Act in addition to au Act to incorporate the President, Directors and Company of
the City Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That the President, Directors and Company of the
City Bank be, and hereby are authorized and empowered to in-
crease their present capital stock, by an addition of two hundred
and fifty thousand dollars thereto, in shares of one hundred dol-
lars each, which shall be paid in such instalments, and at such
times as the president and directors of said bank may direct and
determine : provided, however, that the whole amount shall be
paid in, on or before the first day of June next.

Sect. 2. Be it further enacted, That the additional stock
aforesaid shall be subject to the like tax, regulations, restrictions
and provisions, as the present capital stock of said corporation is
now holden, by virtue of the act to which this is in addition.

Sect. 3. Be it further enacted. That so much of the tenth
section of the act incorporating the President, Directors and
Company of the City Bank, as prohibits them from paying or
receiving any bill or note of any other bank, for any less sum
than the nominal value expressed in such bill or note, be, and
the same is hereby repealed. [Fe6. 13, 1824.]

1823. Chap. 105—107. 169

An Act authorizing the inhabitants of the town of Berlin to lax the pews in the Con- QJidj) \ 05.
gregfalional Meeting-house of said town.

BE it enacted by the Senate and House of Representatives,
in General Court assembled^ and by the authority of the same,
That the inhabitants of the congregational society in the town of May tax pcwi.
Berlin, in the county of Worcester, be, and they hereby are em-
powered to raise one third part of any sum, which said inhabitants
of said congregational society may, at any legal meeting called for
that purpose, vote to raise for the purpose of repairing said con-
gregational meeting-house in said town, by a tax on the pews in
said house, according to an appraisal now made on said pews in
said house, the other two thirds being assessed on the inhabitants
of said society. [Feb. 16, 1824.]

An Act to incorporate the Trustees of the Ministerial Fund in the Parish in Foxbo- CiKipiOit
rough.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Ebenezer Forrest, Stephen Rhoads, Melatiah P^™ incor-
Everett, Jacob Leonard, Oliver Comer, and Isaac Winslovv, and
their successors, be, and they hereby are made a body politic,
by the name of the Trustees of the Ministerial Fund in the Par-
ish in Foxborough, and by that name to remain a corporation
forever, capable and liable in law to sue and be sued in any ac-
tion real, personal, or mixed, and shall have power to appoint a Powers and
clerk who shall be sworn, and a treasurer who shall give bonds P^'vileges.
for the faithful performance of his trust, and all such other officers
as may be necessary for the management of their affairs, and
make, adopt, and execute all reasonable by-laws and regulations
that may be necessary and proper for the government of said cor-
pora'.ion, and not repugnant to the laws and constitution of this
Commonwealth.

Sect. 2. Be it further enacted. That said trustees shall have Trustees may

full power to receive and hold all eifts, grants, donations, or sub- ^°^'^ ^^^} . .

.f^. , 1111^ t,. personal estate,

scriptions, real or personal, that may be hereatter made lor a

ministerial fund, and the same to manage, and to apply the income
thereof, annually, for the support of a congregational minister in
said parish in Foxborough : provided, the amount of said fund
shall never exceed the sum of fifteen thousand dollars : and pro-
vided, also, that no appropriation of any gift, grant, or donation,
or the income thereof, shall ever be made contrary to the express
intention and direction of the donor.

Sect. 3. Be it further enacted. That said trustees shall ^f^^^ °^*"**'
keep a fair record of their proceedings, which shall be open to any
committee of the congregational church or parish in Foxborough ;
and they shall annually exhibit to said church and parish, a cor-
rect statement of the funds in their possession, and of the expen-
diture of the income thereof, and shall be liable individually for Their liability
any waste or misapplication of said fund, and shall receive no fof^^*'*-
compensation for their services, unless the annual income of said
fund exceed the sum of five hundred dollars.

VOL. VI. 22

170 1823. Chap. 107—109.

Number of irus- Sect. 4. Be it further enacted, That the number of said

^®"' trustees shall never be less than five, nor more than seven, and

no person shall he a trustee, unless he be a member of the congre-
gational parish in Foxborough ; and whenever any trustee shall, by

Vacancies. age, removal, or infirmity, be rendered incapable of performing
the duties of his office, the trustees shall declare his office vacant,
and shall have power to fill all vacancies that may happen in their
board.

Deeds. Sect. 5. Be it further enacted, That all deeds and in-

struments requiring a seal which the trustees shall have lawfully
determined to make, shall be sealed with their seal ; and being
signed and acknowledged by the treasurer thereof, shall bind the
said trustees and their successors, and be valid in law.

First meeting. Sect. 6. Be it further enacted , That Melatiah Everett,
Esq., is hereby authorized and empowered to issue his warrant,
directed to some one of the trustees named in this act, requiring
him to notify the first meeting of said corj)oration, to organize the
same by the establishment of by-laws, and the appointment of its
officers. [Feb. 16, 1824.]

Chap 1 Oo. An Act to change ttie name of ilie " Bedford Precinct/' in tlie town of New-Bedford,
and to confirm the doings of tiic said Precinct.

Sect. I. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority oj the

^]iangeof same. That the name of the "Bedford Precinct," in the town
of New-Bedford, shall cease, and the said precinct shall forever
hereafter be called and known by the name of the First Congre-
gational Society in New-Bedford, any law to the contrary not-
withstanding ; and nothing in this act contained, shall be construed
to impair any rights of the said corporation ; but the inhabitants
and members of said precinct shall have, enjoy, and exercise all

Powers and jis powers and privileges, by the name of the First Congrega-

privieges. tional Society in New-Bedford, in as full and ample a manner,

as though the name of the said precinct had not been changed.

Records made Sect. 2. Be it further enacted, That the records of the said
Bedford Precinct, or otherwise the said First Congregational So-
ciety, from the third day of January, eighteen hundred and twen-
ty-three, to the third day of January, eighteen hundred and
twenty-four, shall be deemed and taken to be valid and effectual,
to all intents and purposes, as if the said precinct, and the offi-
cers thereof, had proceeded according to the laws regulating their
proceedings in this behalf, in relation to parish or precinct meet-
ings. [Feb. 16, 1824.]

r^hmi 1 OQ ^'^ ^^^ '° allow the Alford and Egremont Turnpike Corporation to alter the location

1805 ch. 96. Sect. 1. BE it enacted by the Senate and House of Rep-

resentatives, in General Court assembled, and by the authority of
Authorized to the Same, That the Alford and Egremont Turnpike Corporation
make altera- j^p^ g,-,(j ^j^gy a,.g hereby authorized and empowered to make the
following alteration in the location of their road, viz : beginning at
the old sign post at the dwelling-house occupied by Daniel Mes-

name.

1823. Chap. 109—110. 171

senger, in Egremont, in tlie county of Berkshire, thence running
south, twenty-one and a quarter degrees east, three chains to a
stake opposite the office of C. Leaverisvvorth, Esq., thence soutU
thirty-two degrees east, one chain and sixty-five links, to the
south-west corner of an old store, thence south forty and an half
degrees east, six chains and twenty -five links, to a stake, thence
south, forty-four and an half degrees east, eight chains and sixty-
four links, to a stake, thence south, forty-four and one quarter de-
grees east, fifteen chains, and fifty-five links, to a stake, thence
south, forty-three and three-fourih degrees east, twenty-four chains
and eight links, to a stake and stones, a corner of the turnpike, op-
posite the dwelling-house of Nicholas Race, the line aforesaid, to be
the east line of the road, and the road to be four rods wide, ex-
cept at the place where It passes between the dwelling-house and
horse-shed of Daniel Messenger, in said Egremont, and the same
is hereby established a part of said turnpike-road, and all parts of
said road, as now located and established, which interfere with
the alteration aforesaid, be, and they hereby are discontinued.

Sect. 2. Be it further enacted, That said corporation shall Corporation to
be holden to pay all damages which may arise to any person by {'oYtakinl^and.
taking his land aforesaid, and when not ascertained by voluntary
agreement, to be estimated by a committee to be appointed by
the court of sessions for the county of Berkshire, saving to either
party the right of trial by jury, according to the law which pro-
vides for the recovery of damages accruing by laying out public
highways. [Feb. 16,1824.]"

An Act to prevent the 'destruction of Fish in the town of Lincoln. ChttV 110.

Sect. 1 . BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That from and after the passing of this act, it shall not Persons forbid-
be lawful for any person to set or use more than one liook at any •^'^n to fish with

"^ ' r ^ I'l rT-1'i 'Tiore than one

one time, on any ot the ponds in the town oi Lincoln, in tlie 1,00k.
county of Middlesex, between the first day of December, and the
first day of April, annually : and if any person or persons shall,
after the passing of this act, be found setting or using more than
one hook at any one time, such person or persons shall, for each
hook so set or used, after the first, forfeit and pay a sum of not
less than one dollar, nor more than two dollars.

Sect. 2. Beit further enacted, That all penalties incurred Recovery of
by any breach of this act, may be recovered by any person who penalties,
shall sue for the same, in any court in said county of Middlesex,
proper to try the same ; and if any minor or minors shall offend
against the provisions of this act, and shall thereby incur any of
the penalties aforesaid, the parent, master, or guardian of such
minor or minors, shall be answerable therefor, in which case, the
action shall be commenced against such parent, master or guar-
dian (as the case may be) of such minor or minors, and judgment
rendered accordingly : provided, however, that the inhabitants of Proviso,
the said town of Lincoln may, at their meeting in March or April,

172

1823.-

-Chap. 110—114.

ChaplU,

Persons incor-
porated.

Powers and
privileges.

Real and per-
sonal estate.

Election of offi-
cers, and by-
laws.

First meeting.

annually suspend, in whole o^ in part, the provisions and restric-
tions of the act aforesaid, for any term of time not exceeding one
year. [Feb. 16, 1824.]

An Act to incorporate the First Baptist Society in Methuen.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That George W. Wilson, Stephen Barker, Ebe-
nezer Whittier, William Richardson, Matthew Messer, William
Whittier, Lewis Gage, Joseph F. Kimball, Thomas Thaxter,
Abraham Tilton, Ebenezer Whitmarsh, Ebenezer Carlton, Jr.,
John Watson, John Pecker, Jr., Benjamin F. Bodwell, Sam-
uel Parker, Joseph W. Carlton, Daniel Frye, Jonathan Merrill,
Stephen Gage, Michael Gage, Jonathan Swan, Richard Whit-
tier, James Fry, Jr., Simon Hibberd, Samuel Richardson, Jr.,
Jonathan Merrill, 2d, William Richardson, 2d, Cyrus Robinson,
Jeremy B. Parker, .Tohn A. Bodwell, George A. Waldo, Chris-
topher Messer, Alpheus Bodwell, Philip How, Theodore Par-
ker, David Clark, John L. Bodwell, Benjamin Wilson, Jacob
Messer, Stephen Messer, and Thomas How, with their associ-
ates and successors, wheiher inhabitants of said town of Methuen,
or of the adjacent towns within this Commonwealth, be, and they
hereby are incorporated, for religious purposes only, into a soci-
ety, by the name of the First Baptist Society in Methuen, with
all the powers, privileges, and immunities to which other religious
societies are entitled by the constitution and laws of this Com-
monwealth. And said incorporation is hereby authorized and em-
powered to take, purchase, and hold all real and personal
estate necessary and convenient for the purposes aforesaid :
provided, the annual income of such real estate of said incorpora-
tion, exclusive of the meeting-house, and the land under the same,
shall not exceed seven hundred dollars.

Sect. 2. Be it further enacted. That said society shall
have power to elect all necessary officers, and to order and es-
tablish such regulations, rules, and by-laws for their government,
and for the management of their property and concerns as they
may see fit : provided, the same are not repugnant to the consti-
tution and laws of this Commonwealth.

Sect. 3. Be it further enacted, That any justice of the
peace, for the county of Essex, upon application therefor of any
five of the members of said society, in WTiting, is hereby em-
powered to issue his warrant, directed to one of the members of
said society applying therefor, requiring him to notify and warn the
members of said society to meet, at such time and place as shall
be appointed in said warrant, to organize the said society by the
appointment of its officers, and to transact such other business as
may be found necessary at such meeting, the purport of which
having been previously inserted in the warrant for calling the
same. [Feb. 18, 1824.]

1823. Chap. 115—116. 173

An Act to annex tlie estates of John Bronson and Levi Ilare to the town of Egre- f^hfiv) 1 1 'S

BE it enacted by the Senate and House of Representatives^ in
General Court assembled, and by the authority of the same,
That so much of the real estate of John Bronson and Levi Hare,
as lies in the town of Sheffield, in the county of Berkshire, be
set off from said town of Sheffield, and annexed to the town of
Egremont : provided, that the said Bronson and Hare shall pay
all taxes assessed upon them respectively, in the said town of
Sheffield, before the passing of this act. [Feb. 16, 1824.]

An Act to incorporate the President, Directors and Company of the Mechanics' and (^hrtr) 1 Ifi
Traders' Bank. "

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Charles Ewer, William Parker, John Rayner, Persons incor-
Abner Phelps, Timothy Bedlington, Thomas Gaffield and Law- P°'^^^'^-
son Valentine, their associates, successors and assigns, shall be,
and hereby are created a corporation, by the name of the President,
Directors and Company of the Mechanics' and Traders' Bank,
and shall so continue from the third Wednesday of April [nea-^]
and until the first Monday of October, which will be in the year
of our Lord one thousand eight hundred and thirty-one, and the Restrictions and
said corporation shall always be subject to the rules, restrictions, Pf'^'''eg«s-
limitations, taxes and provisions, and be entitled to the same
rights, privileges and immunities, which are contained in an act,
entitled "an act to incorporate the President, Directors and isiich. 84.
Company of the State Bank," except so far as the same are
modified or altered by this act, as fully and effectually as if the
several sections of said act were herein specially recited and en-
acted : provided, however, that the amount of bills issued from Proviso,
said bank at any one time, shall not exceed fifty per centum, be-
yond the amount of the capital stock actually paid in.

Sect. 2. Be it further enacted. That the capital stock of Capital stock,
said corporation shall consist of the sum of five hundred thousand
dollars in gold and silver, to be, besides such part as this Com-
monwealth may subscribe in manner hereinafter mentioned, di-
vided into shares, of one hundred dollars each, which shall be Shares.
paid in manner following, that is to say : one fourth part thereof Instalments.
on or before the first day of August next, one fourth part thereof
on or before the first day of October next, one fourth part thereof
on or before the first day of December next, and the residue on
or before the first day of February next ; and no dividend shall
be declared on the capital stock of said bank, until the whole of
said stock shall have been paid in, conformably to the provisions
of this act. And the stockholders, at their first meeting, shall Transfer of
by a majority of votes determine the mode of transferring and ^^°'^^'
disposing of said stock, and the profits thereof, which being en-
tered on the books of said corporation shall be binding on the
stockholders, their successors and assigns until they shall other-
wise determine. And the said corporation are hereby made Real estate,
capable in law to have, hold, purchase, receive, possess, enjoy,

174

1823.-

■Chap. 116.

Loans.

Issue of notes.

Examination!
and return of
commissioners.

Loans to stock-
holders.

Location.

Loans to the
State.

First Meeting

and retain to them, their successors and assigns, lands, tene-
ments and hereditaments to the amount of fifty thousand dollars,
and no more at any one time, with power to bargain, sell, dispose
[of] and convey the same by deed, under the seal of said corpo-
ration, and signed by the president or two of the directors ; and
to loan and negotiate their monies and effects by discounting on
banking principles, on such security as they may think advisable :
provided, lioioever, that nothing herein contained shall restrain or
prevent said corporation from taking and holding real estate in
mortgage, or on execution, to any amount, as security for, or
in payment of any debts due to the said corporation : and
provided, furtJier, that no monies shall be loaned, or discounts
made, nor shall any bills or promissory notes be issued from
said bank, until the capital subscribed and actually paid in, and
existing in gold and silver in their vaults, shall amount to one
hundred and twenly-five thousand dollars, nor until said capital
stock, actually in said vaults, shall have been inspected and ex-
amined by three commissioners to be appointed by the governor
for that purpose, whose duty it shall be at the expense of the
corporation to examine the monies actually existing in said vaults,
and to ascertain by the oath of the directors of said bank, or a
majority of them, that said capital stock hath been bona fide paid
in by the stockholders of said bank, and towards the payment of
their respective shares, and not for any other purpose ; and that
it is intended therein to remain as a part of said capital, and to
return a certificate thereof to the governor. And no stockholder
shall be allowed to borrow money at said bank, until he shall
have paid in his proportion of the said capital stock, as herein
before provided and required.

Sect. 3. Be it further enacted, That the said bank shall
be established and kept in Boston.

Sect. 4. Be it further enacted, That whenever the Legisla-
ture shall require it, the said corporation shall loan to the Com-
monwealth, any sum of money which shall be required, not ex-
ceeding ten per centum of the capital stock actually paid in, at
any time, reimbursable by five annual instalments, or any shorter
time at the election of the Commonwealth, with annual payment
of interest at a rate not exceeding five per centum per annum :
provided, however, that the Commonwealth shall never stand in-
debted to said corporation, without their consent, for a larger
sum than twenty per centum of their capital paid in.

Sect. 5. Be it further enacted, That the persons herein
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as they may see fit to
appoint, by advertising the same in any two of the newspapers
printed in Boston, for the purpose of making, ordaining and es-
tablishing such by-laws and regulations for the orderly conducting
the affairs of said corporation, as the stockholders shall deem
necessary, and the choice of the first board of directors, and
such other officers as they shall see fit to choose.

1823. Chap. 116—117. 175

Sect. 6. Be it further enacted, That the Commonwealth R'si't of State
shall have a right, whenever the Legislature shall make provision
therefor, by law, to subscribe on account of the Commonwealth,
a sum not exceeding two hundred and fifty thousand dollars, to
be added to the capital stock of said corporation, subject to such
rules, regulations and provisions as to the management thereof, as
shall be by the Legislature made and established.

Sect. 7. Be it further enacted, That whenever the Com- State may ap-
monwealth shall subscribe to the capital stock of said corpora- ^°'"
tion, in manner herein before provided for, in addition to the
directors by law to be chosen by the stockholders, the Legisla-
ture shall have a right from time to time to appoint a number of
directors to said bank, in proportion as the sum paid from the
treasury of the Commonwealth shall be to the whole amount of
stock actually paid into said bank, if at any time hereafter they
shall see fit to exercise that right.

Sect. 8. Be it further enacted, That the cashier, before he Bond of cashier.
enters upon the duties of his office, shall give bond with sureties
to the satisfaction of the board of directors, in a sum not less than
fifty thousand dollars, with conditions for the faithful discharge of
his office.

Sect. 9. Be it further enacted, That the said corporation, Siatetax.
from and after the first day of October next, shall pay by way of
tax to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday of October and
April annually, the half of one per centum on the amount of
stock which shall have been actually paid in.

Sect. 10. Be it further enacted. That the said corporation Shall pay oHgi-
shall be liable to pay any bona fide holder the original amount of "j't'erXwies!
any note of said bank counterfeited or altered in the course of its
circulation, to a larger amount, notwithstanding such alteration.
And that the said corporation shall not at any place whatever,
directly or indirectly purchase, receive, pay or exchange, any
bill or note of said bank for any less sum than the nominal value
expressed in such bill or note.

Sect. 11. Be it further enacted, [ T/t«i] the capital stock of ^^on^^'t'^ns of
the said bank shall not be sold or transferred, but shall be holden
by the original subscribers thereto, for and during the term of one
year, from the time of [the^ passing of this act, and in case the same
shall not be put into operation according to the provisions thereof,
within the year aforesaid, it shall be void. \_Feb. 19, 1824.]

An Act to incorporate the Congregational Parish in Topsfield. ChciV 117.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That all the inhabitants of the town of Topsfield, with P^^'^°"J '"*^°''"
all the lands in said town, (except such inhabitants and such lands
as do belong to some other parish or religious society, or are
exempt by law from parish charges in said town of Topsfield,)
be, ?nd they hereby are incorporated into a parish, by the name
of the Congregational Parish in Topsfield, subject to all the du- Rights and

privileges.

176

1823.-

■Chap. 117—120.

Town votes
confirmed.

Proviso.

First meeting

Chaj) 120.

Persons incor-
porated.

Restrictions
and privileges.

1811 ch. 84.

Amount of bills.

Capital stock.

[Increased
1826 ch. 134,
reduced 1830
ch. 14.]

Payment of
shares.

ties and vested with all the rights and privileges to which parishes
are by law entitled.

Sect. 2. Be it further enacted^ That the votes and proceed-
ings of the said town of Topsfield relative to parish business, are
hereby confirmed and made valid to all intents and purposes.
And the said congregational parish shall be deemed and taken to
be successors to the said town of Topsfield, as far as relates to
parochial proceedings, rights and privileges, and subject to all
contracts of a parochial nature which may have been made by
said town : provided^ however^ that nothing herein contained shall
take from any persons inhabitants of said Topsfield, not included
in this act, any legal rights or property they now possess.

Sect. 3. Be it further enacted^ That the first meeting of
said parish shall be convened by a warrant to be issued by any
justice of the peace in the county of Essex, directed to any
member of said parish, requiring hiin to warn the members of
said parish to meet at a suitable time and place to be appointed
in said warrant. \_Feh. 19, 1824.]

An Act to incorporate the President, Directors, and Company of the American Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled; and by the authority of
the same, That Ralph Huntington, Sherman Leland, Joseph B.
Henshaw, Samuel D. Harris, Charles F. Kupfer, Elijah D.
Harris, Samuel F. Coolidge, and William Whitney, their asso-
ciates, successors, and assigns, shall be, and hereby are created a
corporation, by the name of the President, Directors, and Com-
pany of the American Bank, and shall so continue from the third
Wednesday in April next, until the first Monday of October,
which will be in the year of our Lord, one thousand eight hun-
dred and thirty one ; and the said corporation shall be always
subject to the rules, restrictions, limitations, taxes, and provis-
ions, and be entitled to the same privileges and immunities,
which are contained in an act, entitled " an act to incorporate the
president, directors, and company of the state bank," except in
so far as the same are modified or altered by this act, as fully and
effectually as if the several sections of said act were herein spe-
cially recited and enacted : provided, hoicever, that the amount of
bills issued from said bank at any one time, shall not exceed fifty
per centum beyond the amount of the capital stock actually paid
in.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of the sum of five hundred thousand
dollars in gold or silver, to be, besides such part as the Common-
wealth may subscribe in manner hereinafter mentioned, divided
into shares of one hundred dollars each, which shall be paid in
manner following, that is to say, one fourth part thereof, on or
before the fourth day of May next, one fourth part thereof on or
before the first day of August next, one fourth part thereof on or
before the first day of November next, and the residue on or be-
fore the first day of February next, and no dividend shall be de-

1823. Chap. 120. 177

clared on the capital stock of said bank, until the whole of the
said stock shall have been paid in, conformably to the provisions
of this act ; and the stockholders, at their first meeting, shall, by Transfer of
a majority of votes, determine the mode of transferring and dis- *^°'^''-
posing of said stock, and the profits thereof, which being entered
on the books of said corporation, shall be binding on the stock-
holders, their successors and assigns, until they shall otherwise
determine ; and the said corporation are hereby made capable in Real estate,
law, to have, hold, purchase, receive, possess, enjoy, and retain
to them, their successors and assigns, lands, tenements, and he-
reditaments, to the amount of fifty thousand dollars, and no more
at any one time, with the power to bargain, sell, dispose, and
convey the same by deed under the seal of said corporation, and
signed by the president and two of the directors, and to loan and Loans,
negotiate their monies and effects, by discounting on banking
principles, on such security as they may think advisable : provid-
ed, hoicever, that nothing herein contained shall restrain or pre-
vent said corporation from taking and holding real estate in mort-
gage or on execution, to any amount as security for, or in pay-
ment of any debts due to the said corporation : and provided^
further, that no monies shall be loaned or discounts made, nor ^^^"^ of notes,
shall any bills or promissory notes be issued from said bank, until
the capital subscribed and actually paid in, and existing in gold
and silver in their vaults, shall amount to one hundred and tweniy-
five thousand dollars ; nor until said capital stock actually in said Examination
vaults shall have been inspected and examined by three commis- commissioners,
sioners, to be appointed by the Governor for that purpose, whose
duty it shall be, at the expense of the corporation, to examine the
monies actually existing in said vaults, and to ascertain by the
oath of the directors of said bank, or a majority of them, that
said capital stock hath been bona fide paid in by the stockholders
of said bank, and towards payment of their respective shares, and
not for any other purpose ; and that it is intended therein to re-
main as a part of said capital, and to return a certificate thereof
to the Governor. And no stockholder shall be allowed to bor- Loans to stock-
row any money at said bank until he shall have paid in his full ''°'^^''*-
proportion of the whole of said capital stock, as herein before
provided and required.

Sect. 3. Be it further enacted, That the said bank shall Location,
be established and kept in Boston.

Sect. 4. Be it further enacted, That whenever the Legisla- Loans to the
ture shall require it, the said corporation shall loan to the Common- **'"
wealth any sum of money which shall be required, not exceeding
ten per centum of the capital stock actually paid in at any one time,
reimbursable by five annual instalments, or any shorter time, at the
election of the Commonwealth, with the annual payment of inter-
est, at a rate not exceeding five per centum per annum : provided,
however, that the Commonwealth shall not stand indebted to the
said corporation without their consent for a larger sura than twen-
ty per centum of their capital stock then paid in.

VOL. VI. 23

178

1823.-

■Chap. 120.

First meeting.

Right of State
to hold stock.

State may ap-
point directors.

Bond of cashier.

State Tax.

Original amount
of altered notes
to be paid.

Conditions of
charter.

Sect. 5. Be it further enacted, That the persons herein
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, and at such time and place, as they may see fit
to appoint, by advertising the same in any two of the newspapers
printed in Boston, for the purpose of making, ordaining and es-
tablishing such by-laws and regulations for the orderly conduct-
ing the affairs of said corporation, as the stockholders shall deem
necessary, and the choice of the first board of directors, and of
such other officers as they shall see fit to choose.

Sect. 6. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall make provision
therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding two hundred and fifty thousand dollars, to
be added to the capital stock of said corporation, subject to such
rules, regulations, and provisions, as to the management thereof
as shall be by the Legislature made and established.

Sect. 7. Be it further enacted, That whenever the Com-
monwealth shall subscribe to the capital stock of said corporation
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a right from time to time to a|)point a number of directors to
said bank, in j)roportion as the sum paid from the treasury of ihe
Commonwealth, shall be to the whole amount of stock actually
paid into said bank, if at any time hereafter they shall see fit to
exercise that right.

Sect. 8. Be it further enacted. That the cashier, before
he enters on the duties of his office, shall give bond with sureties
to the satisfaction of the board of Directors, in a sum not less
than fifty thousand dollars, with conditions for the faithful dis-
charge of his office.

Sect. 9. Be it further enacted, That the said corporation
from and after the first day of October next, shall pay, by way of
tax, to the treasurer of this Commonwealth, for the use of the same,
within ten days after the first Monday of October and April, an-
nually, the half of one per centum on the amount of stock, which
shall have actually been paid.

Sect. 10. Be it further enacted. That the said corporation
shall be liable to pay to any bona fide holder, the original amount
of any note of said bank, counterfeited or altered in the course
of its circulation to a larger amount, notwithstanding such altera-
tion.

Sect. 11. Be it further enacted, That the capital stock of
said bank shall not be sold or transferred, but shall be holden
by the original subscribers thereto, for and during the period of one
year from the time of passing this act ; and in case the same shall
not be put into operation, according to the provisions thereof,
within the year aforesaid, it shall be void. [Feb. 20, 1824.]
Add. acts, 1826 ch. 134 : 1830 ch. 14. 58.

1823. Chap. 121 — 125. 179

An Act to set ofl" a Gore of Laud from Bridgewater to Halifax. CflUT) 121

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That a gore of land lying within the corporate bounds of the town Gore described,
of Bridgewater, according to the following described line, be,
and hereby is set off from the town of Bridgewater, and annexed
to the town of Halifax, according to the mutual consent and
agreement of the said towns, viz : beginning at a stake standing
on the west side of the road, which is a corner of said towns,
where was formerly an oak tree, and to extend easterly across
said gore, it: the same direction as the line runs from Bridgewater
river to the aforesaid stake, in the laying out of the town of Hal-
ifax, until it strikes the line of Bridgewater and Halifax ; and the
said land, with all the buildings and the inhabitants living thereon,
or who may hereafter live thereon, shall be considered a part of
the said town of Halifax, as fully and completely as if it had been
originally incorporated therewith. [Feb. 20, 1S24.]

An Act to incorporate Charles Grinnell and otliers, as Proprietors of the Purchase f^hfin^'^h,
street School-house, in New-Bedford. v.^/iu.^ i ^-f-.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That Abraham Barker, William Beetle, Ichabod Clap, Charles Persons incor-
Grinnell, Roger Haskell, Benjamin Hill, Manasseh Kempton, P^''^'^'^-
Elisha W. Kempton, Ephraiin Kempton, Thomas Kempton,
John Avery Paiker, and Jireh Perry, together with the present
owners and proprietors, and such others as may hereafter asso-
ciate and become proprietors in the said school-house, their
heirs, successors, and assigns, be, and they are hereby made and
declared to be a corporation, by the name of the Proprietors of
the Purchase street School-house, and they, their heirs, succes- powers and
sors, and assigns are hereby vested with all the powers and priv- privileges,
ileges usually given and exercised by other corporations of a like
nature and purpose. [Feb. 20, 1824.]

An Act in addition to an Act incorporating the Worcester Mutual Fire Insurance /^/.^^lOC
Company. Lyfiap 1 ZlD,

Sect. 1. BE it enacted by the Senate and House of Repre- .„,-,„
sentatives, in General Court assembled, and by the authority of ~ ' '
the same. That the said corporation of the Worcester Mutual Additional pow-
Fire Insurance Company be, and hereby is authorized to insure ers granted,
household furniture in any mansion-house or other building with-
in the county of Worcester, against damage arising to the same
by fire, upon like terms and conditions, and under the same lim-
itations and restrictions as are provided in the act to which this is
in addition, in relation to insurance against damage by fire in any
mansion-house or other building within the said county.

Sect. 2. Be it further enacted. That whenever the said Conditions of
corporation shall make insurance upon any mansion-house or
other building, the said mansion-house or other building insured,
together with the land under the same, shall be held by the said
corporation as security for the sum of the deposit money required
to be paid, or secured upon such insurance, together with such

insurance.

180

1823.-

■Chap. 125.

Proviso.

assessment or assessments, as the member of the said corpora-
tion thus insured shall be liable to pay, pursuant to the provisions
of the act to which this is in addition ; and the policy of insu-
rance to any member upon his said mansion-house or other build-
Lien on proper- ing, shall of itself, from the time it issues, create a lien upon such
ly insured. niansion-housc or other building, and the land under the same, to
the amount of the sum of such deposit money, and any assess-
ment or assessments which may be made upon the insured as a
member of said corporation, and the costs which may accrue in
collecting the same, without any other act or ceremony in law
whatsoever. And said lien shall continue and be in force upon
said mansion-house, or other building insured, with the land under
the same, for the security to the saidcorporation,of the payment
of said deposit money and the assessment or assessments upon
the member so insured with costs, until the said deposit money
with the sum or sums of said assessments shall be paid, or other-
wise satisfied to, or released by said corporation, notwithstanding
any transfer or alienation thereof: provided, nevertheless, that
nothing herein contained shall restrict said corporation from re-
ceiving any other security in lieu of said lien for said deposit and
assessments, upon which their authorized agents and the insured
may agree : and provided, also, that in all cases where the said
corporation rely upon the security of the lien created by the pol-
icy, it shall be expressed in said policy that the insurance is made
upon the said mansion-house or other building insured, subject to
the lien created by law.

Sfxt. 3. Be it further enacted. That if any member of
sured liable to gaid corporation, who shall obtain insurance of his mansion-house
or Other buildmg subject to the lien aioresaid, or in case oi his
decease, his legal representatives shall neglect for the space of thirty
days next after demand made by the authorized agent or agents of
said corporation (which demand may be in such manner as said
corporation shall in their by-laws direct) to pay the sum of the
deposit money upon the insurance of his mansion-house or other
building, or any assessment or assessments made upon him as a
member of said corporation, pursuant to the provisions of the act
to which this is in addition, he shall be liable to the suit of the
corporation therefor, in an action of the case, in any court of
competent jurisdiction. And the said corporation having ob-
tained judgment and execution for the amount of such deposit
money, assessment or assessments, may at their election cause
the said execution to be levied upon the said mansion-house or
other building insured with the land under the same, and the of-
ficer having said execution shall proceed to satisfy the same by
the sale and conveyance of said mansion-house or other building
with the land under the same, in the same manner, and after the
like previous advertisement and notice as is provided by law when
the right of redeeming real estate is sold, which has been con-
veyed in mortgage, saving to the owner or owners of such man-
sion-house or other building, with the land under the same, the
dempiion '^" ^'S^^ ^^ redemption , at any time within one year from the time of sale,

Members in-

action of the
case

Levy of execu
tion.

1823. Chap. 125—127. 181

by paying the purchaser, or any under him, the sum for which
it was sold, and interest at the rate of twelve per centum, deduct-
ing therefrom the rents and profits over and above the necessary
repairs : provided., however^ that in case of the alienation and trans- Notiee of sale
fer by deed of record of any mansion-house or other building in- '° *"' g'^'^" '»

"! • I 1 1 I . > • 11 /• • 1 owner or ten-

sured, with the land under the same, previous to the levy ol said am.
execution, notice of the intended sale shall be given by the officer
to the owner thereof, or his tenant in possession instead of the
debtor in said execution ; and the excess of money, if any shall proceeds of
arise from any sale as aforesaid, beyond satisfying the debt, costs sa'es.
and necessary intervening charges, shall be returned by the offi-
cer to the debtor in the execution, or in case of an alienation by
him as aforesaid to the owner thereof at the time of the levy of
said execution. [Feb. 20, 1824. J

An Act repealing all Acts imposing restrictions on the erection of buildings in the town /^L^^ 1 C)(?
of Charlestown. O«aj0l>6O.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That an act, entitled "an act for the better security of the town St. 1809 ch. 44
of Charlestown against fire," passed February the fifteenth, in the '■*'P^'*^ •
year of our Lord one thousand eight hundred and ten, and all
subsequent additions to said act, be, and the same are hereby re-
pealed. [Feb. 20, 1824.]

An Act to incorporate the President, Directors and Company of the Commonwealth (~l fi/ir) I'^jf
Bank. -T

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Andrew Dunlap, John K. Simpson, Hall .J. Persons incor-
How, John Henshaw, Jonathan P. Stearns, Russell Jarvis, P°"'*^''-
their associates, successors and assigns, shall be, and hereby arc
created a corporation, by the name of the President, Directors
and Company of the Commonwealth Bank, and shall so continue
from the second Monday in March next, until the first Monday
of October, which will be in the year of our Lord one thousand
eight hundred and thirty-one; and the said corporation shall al- Restrictions and
ways be subject to the rules, restrictions, limitations, taxes and P"^''^?'^*-
provisions, and be entitled to the same rights, privileges and im-
munities, which are contained in an act, entitled "an act to isiich. 84.
incorporate the President, Directors and Company of the State
Bank," except in so far as the same are modified or altered by
this act, as fully and eflectually as if the several sections of said
act were herein specially recited and enacted : provided, however. Proviso,
that the amount of bills issued from said bank at any one time,
shall not exceed fifty per centum beyond the amount of the cap-
ital stock actually paid in.

Sect. 2. Be it further enacted. That the capital stock of Capital stock,
said corporation shall consist of the sum of five hundred thousand
dollars, in gold or silver, to be, besides such part as this Com-
monwealth may subscribe in manner herein after mentioned, di-
vided into shares of one hundred dollars each, which shall be
paid in manner following, that is to say, one fourth part thereof Payment of

182 1823. Chap. 127.

on or before the first day of May next, one fourth part thereof on
or before the first day of August next, one fourtlj part thereof on
or before the first day of November next, and the residue on or
before the first day of February next, and no dividend shall be
declared on the capital stock of said bank, until the whole of said
stock shall have been paid in, conformably to the provisions of
Transferor this act ; and the stockholders, at their first meeting, shall, by a
^^°'^^- n)ajority of votes, determine the mode of transferring and dis-

posing of said stock and the profits thereof, which, being entered
in the books of said corporation, shall be binding on the stock-
holders, their successors and assigns, until they shall otherwise
Real estate. determine ; and the said corporation are hereby made capable in
law to have, hold, })urchase, receive, possess, enjoy and retain
to them, their successors and assigns, lands, tenements and he-
reditaments, to the amount of fifty thousand dollars, and no more,
at any one time, with power to bargain, sell, dispose and convey
the same by deed under the seal of said corporation, and signed
by the president or two directors, and to loan and negotiate
their monies and efl'ects, by discounting on banking principles,
Proviso. on such security as they may think advisable : provided^ fiow-

ewer, that nothing herein contained shall restrain or prevent said
corporation from taking and holding real estate in mortgage or
on execution, to any amount, as security for, or in payment
Loans and issue of any debts due to the said corporation: and provided^ fur-
o notes. f/tcr, that no monies shall be loaned, or discounts n)ade, nor

shall any bills or promissory notes be issued from said bank, until
the capital subscribed, and actually paid in, and existing in gold
Capital tot)R and silver in their vaults, shall amount to one hundred and twenty-
^^^TJI'tlM^.. five thousand dollars ; nor until said capital slock actually in said

commissioners. ' . r _ J _

vaults shall have been inspected and examined by three commis-
sioners to be appointed by the governor for that purpose, whose
duty it shall be, at the expense of the corporation, to examine
the monies actually existing in said vaults, and to ascertain by
the oath of the directors of said bank, or a majority of them, that
said capital stock hath been bonajide paid in by the stockholders
of said bank, and towards payment of their respective shares, and
not for any other purpose ; and that it is intended therein to re-
Loans to stock- main as a part of said capital, and to return a certificate thereof
° *"^^' to the governor. And no stockholder shall be allowed to borrow

any money at said bank, until he shall have paid in his full pro-
portion of the whole of said capital stock, as herein before pro-
vided and required.
Location. Sect. 3. Be it further enacted^ That the said bank shall

be established and kept in Boston.
Loans to the Sect. 4. Be it further enacted^ That whenever the Legis-

lature shall require it, the said corporation shall loan to the Com-
monwealth any sum of money which shall be required, not
exceeding ten per centinn of the capital stock actually paid in at
one time, reimbursable by five annual instalments, or any shorter
time, at the election of the Conmionwealth, with the annual
payment of interest, at a rate not exceeding five per centum per

Stale.

1823. Chap. 127. 183

annum : provided, however, that the Commonvvealtli shall never Proviso,
stand indebted to said corporation without their consent for a
larger sum than twenty per centum of their capital then paid in.

Sect. 5. Be it further enacted, That the persons herein First meeting,
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as they may see fit to
appoint, by advertising the same in any tvto of the newspapers
printed in Boston, for the purpose of making, ordaining and es-
tablishing such by-laws and regulations for the orderly conducting
the affairs of said corporation, as the stockholders shall deem
necessary, and the choice of the first board of directors and such
other officers as they shall see fit to choose.

Sect. 6. Be it further enacted, That the Commonwealth Rishtof State
shall have a right, whenever the Legislature shall make provision
therefor by law, to subscribe on account of the Commonwealth,
a sum not exceeding two hundred and fifty thousand dollars, to
be added to the capital stock of said corporation, subject to such
rules, regulations and provisions, as to the management thereof,
as shall be by the Legislature made and established.

Sect. 7. Be it further enacted. That whenever the Com- State may ap-
monwealth shall subscribe to the capital stock of said corporation l^"'"' ireciors.
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a right from time to time to appoint a number of directors
to said bank, in proportion as the sum paid from the treasury of
the Commonwealth shall be to the whole amount of stock actually
paid into said bank, if at any time hereafter they shall see fit to
exercise that right.

Sect. 8. Be it further enacted. That the cashier, before he Bond of cashier,
enters upon the duties of his office, shall give bond with sureties
to the satisfaction of the board of directors in a sum not less than
fifty thousand dollars, with conditions for the faithful discharge of
his office.

Sect. 9. Be it further enacted. That the said corporation, state tax.
from and after the first day of May next, shall pay by way of tax
to the treasurer of this Commonwealth, for the use of the same,
within ten days after the first Monday of October and iVpril, an-
nually, the half of one per centum on the amount of stock which
shall have actually been paid in.

Sect. 10. Be it further enacted, That the said corporation Original amount
shall be liable to pay to any bona fide holder the original amount f'*" altered notes
of any note of said bank, counterfeited or altered in the course of
its circulation to a larger amount, notwithstanding such alteration.

Sect. 11. Be it further enacted, That the capital stock of Conditions of
the said bank shall not be sold or transferred, but shall be holden charter.
by the original subscribers thereto, for and during the period of
one year from the time of passing this act ; and in case the same
shall not be put into operation according to the provisions thereof
within the year aforesaid, it shall be void. [Feb. 20, 1824.]
See 1830 ch. 58.

184 1823. Chap. 128—130.

CflQit) 1 28 ^'^ '^^^ '° *^°"''""® '" force the Act for incorporating the Nantucket Union Marine In-
" ' surance Comijany.

1804 ch. 8. BE it enacted by the Senate and House of Representatives,

(v. 3. p. 446.) in General Court assembled, and by the authority of the same,
Act continued That the act entitled "an act to incorporate Josiah Barker,
in force. George Myrick, and others, by the name of the Nantucket Un-

ion Marine Insurance Company," passed on the twenty-first
day of June, one thousand eight hundred and four, shall be, and
remain in full force for the term of twenty years, from and after
the twenty-first day of June, one thousand eight hundred and
twenty-four, with all the powers and privileges, granted by an
1817 ch. 120. act, entitled " an act to define the powers, duties, and restric-
tions of insurance companies," passed on the sixteenth day of
February, one thousand eight hundred and eighteen : provided,
Proviso. hoxcever, that the said corporation shall be subject to all the du-

ties and requirements prescribed and contained in the said act,
entitled "an act to define the powers, duties and restrictions of
insurance companies;" and the said Nantucket Union Marine
Insurance Company shall be liable to be taxed by any general
law, providing for the taxation of all similar corporations. [Fe6.
20, 1824.] Add. act, 1829 ch. 45.

Chap ]29.

An Act to alter the division line between New-Salem and Shutesbury.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
Division line the same, That from and after the passing of this act, one range
described. of lots, in the easterly side of the town of Shutesbury, in the coun-

ty of Franklin, shall be set of fiom said town of Sliutesbury, and
annexed to the town of New-Salem, in said county, and the di-
visional lines between the said towns, shall be as follows : begin-
ning on the north line of said town of Shutesbury, one hundred
and sixty rods west from the northeast corner thereof, thence
southerly in a line parallel to the present divisional line between
the said towns of Shutesbury and New-Salem, near the dwelling-
house of Asa Powers ; and that all the inhabitants of the territo-
ry by this act annexed to the said town of New-Salem, be, and
Proviso ^ ^^y ^'^ hereby annexed to the said town of New-Salem : provi-

ded, that they shall pay all taxes assessed or voted to be assessed
on their polls and estates by the said town of Shutesbury, before
the passing of this act.
Settlement of Sect. 2. Be it further enacted. That any person who may

paupers. have gained an inhabitancy in the said town of Shutesbury, by a

residence on the territory which is by this act annexed to ihesaid
town of New-Salem, who now does, or hereafter shall need to be
supported as a poor person, shall be supported by said town of
New-Salem. [Feb. 20, 1824.] Add. act, 1827 ch. 34.

/^/ 1 Qn ^" ■'^'"^ '" ^<^''^''ion to an Act, eniitled "An Act to incorporate the President, Directors

C/lCtp loU. and Company of the Dedham Bank."

1813 ch 173. Sect. 1. BE it enacted by the Senate and House of Reprt'

i8i5*^h"8o^' sentatives, in General Court assembled, and by the authority of
Power of direc- ^^'^ Same, That the directors of said bank, with the consent of a
tors. majority of the stockholders thereof, be, and they are hereby au-

1823. Chap. 130—131. 185

thorized and empowered at any time within one year from the
first day of May next, at their discretion, to call on the stock-
holders to pay in a further instalment not exceeding in amount
one third part of their original capital, as fixed by law, notice be-
ing given of the amount of said instalment, and the time of paying
in the same, by publishing three weeks successively, in the news-
paper printed in Dedham, or some paper printed in Boston, to the
stockholders, at least thirty days before the day aj)pointed for the
payment of such instalment : provided, hoicever^ that nothing Proviso,
herein contained shall authorize or empower the president, direc-
tors, and a majority of the stockholders of said bank to increase
their capital stock to a greater amount than one hundred thousand
dollars.

Sect. 2. Be it further enacted, That if any stockholder Sale of shares,
shall neglect to pay in the instalment on his shares so required by
the Directors, and notified as aforesaid, for the space of sixty
days after notice as aforesaid, the directors shall be authorized to
make sale at public auction of such shares, one or inore as may
be sufficient to pay said instalment and incidental ciiarges, after
duly notifying in the newspaper printed in Dedham, or some pa-
per printed in Boston, the sum due on such shares, and the time
and place of sale, at least ten days prior to the day of sale, and giv-
ing the proprietor like notice in writing, and such sale shall be a
transfer of the share or shares sold to the persons purchasing, and
a certificate of such sale shall be entered by the cashier on the
books of said bank ; and such purchaser shall be considered to all
intents and purposes proprietor thereof, and the overplus, if any,
shall be paid on demand by the cashier to the person whose shares
were thus sold. [Feb. 20, 1824.] Add. act, 1830 ch. 58 :
1832 ch. 111.

An Act to incorporate ttie Commonwealth Insurance Company. CfldT) 131

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Russel Jarvis, John Brazer Davis, Joseph E. Persons incor-
Smith, David Henshaw, Caleb Eddy, George Hallet, John poraied.
Henshaw, M. Richards, George Seaver, Thaddeus Page, John
K. Simpson, with their associates, successors, and assigns be, and
hereby are incorporated into a company, by the naine of the
Commonwealth Insurance Company, with power of insurance
of lives, and against marine losses and losses by fire, and of
loaning monies on bottomry and respondentia principles, and with powers and
all the powers, immunities, and privileges granted to insurance privileges.
companies, and subject to all the restrictions, duties, and obliga-
tions contained in a law of this Commonwealth, entitled " an act 1317 ch. )20.
to define the powers, duties, and restrictions of insurance com-
panies," passed on the sixteenth day of February, in the year of
our Lord one thousand eight hundred and eighteen, and in a law
of this Commonwealth, entitled " an act authorizing the sev- jsig ch. 141.
eral insurance companies of this Commonwealth to insure against
fire," passed on the twenty-first day of February, in the year

VOL. VI. 24

186

1823.-

■Chap. 131.

Real estate.

Capital stock.
Shares.

Instalments.
Directors.

Manner of ^their
election.

Right of voting

Secretary may
call ti meeting
of stockholders.

Choice of presi-
dent.

of our Lord one thousand eight hundred and twenty, for and
during the term of twenty years, from the ])assing of this act, and
by that name, may sue and be sued, plead and be impleaded,
appear, prosecute, and defend to final judgment and execution ;
and may have a common seal, which they may alter at pleasure,
and may purchase, hold, and convey any estate, real or personal,
for the use of said company : provided^ the said real estate shall
not exceed the value of seventy -five thousand dollars, excepting
such as may be taken for debt, or held for collateral security for
money due to said company.

Sect. 2. Be it further enacted, That the capital stock of
said company, shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, one hundred
and fifty thousand dollars of which shall be paid in money, within
ninety days after the first meeting of the said company, and the resi-
due within one year from the passing of this act, in such instal-
ments and under such penalties as the president and directors
of said company shall in their discretion direct and appoint. And
if the provisions of this act shall not be complied with within
one year from said first payment, then the same shall be void.

Sect. 3. Be it further enacted, That the stock, property,
affairs, and concerns of said company shall be managed and con-
ducted by tw^elve directors, one of whom shall be president there-
of, who shall hold their offices for one year, and until others are
chosen, and no longer, and who shall at the time of their election
be stockholders in said company, and citizens of this Common-
wealth, and shall be elected on the second Monday of April in
each and every year, at such lime of the day, and in such place
in Boston, as a majority of the directors, for the time being, shall
appoint, of which election public notice shall be given in two of
the newspapers printed in Boston, and continued for the space of
ten days immediately preceding such election, and the election
shall be made by ballot, by a majority of the stockholders pres-
ent, allowing one vote to each share in the capital stock : pro-
vided, that no stockholder shall be allowed more than ten votes ;
and absent stockholders may vote by proxy, under such regula-
tions as said company shall prescribe. And if through any una-
voidable accident the said directors shall not be chosen on the
second Monday of April as aforesaid, they may be chosen on any
other day in the manner herein provided. And the secretary of
said company, shall at any time, upon application in writing of
the proprietors of twenty per centum of the capital stock, call
a meeting of the stockholders, to be holden at such time and place
in Boston as they shall direct, for the purpose mentioned in such
application, by giving like notice thereof, as is herein required
for the election of directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be, after every election, and
shall choose out of their body one person to be president, who
shall be sworn or affirmed to the faithful discharge of the duties
of his office, and who shall preside for one year. And in case

1823. Chap. 131. 187

of the death, resignation, or inability to serve, of the president, Vacancief to be
or any directors, such vacancy or vacancies shall be filled, for
the remainder of the year in which they happen, by a special elec-
tion for that purpose, to be held in the same manner as herein
before directed, respecting annual elections of directors.

Sect. 5. Be it further enacted, That the president and Board of direc-
six of the directors, and seven in his absence, shall be a board com-
petent to the transaction of business, and all questions before them
shall be decided by a majority of votes, and they shall have pow-
er to make and prescribe such by-laws, rules, and regulations, as By-laws,
to them shall appear useful and proper touching the management
and disposition of the stock, property, estate, and effects of said
company, and the transfer of the shares, and touching the duties
and conduct of the several officers, clerks, and servants employed,
and the election of the directors, and all such matters as apper-
tain to the business of insurance, and shall also have power to ap-
point a secretary, and so many clerks and servants for carrying on
the said business, and with such salaries and allowances to them
and the president, as to the said board shall seem meet : provi-
ded, such by-laws and regulations shall not be repugnant to the
constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted, That any two or more of First meeting.
the persons named in this act are hereby authorized to call a
meeting of said company, by advertising the same for two succes-
sive weeks in the Boston Patriot, American Statesman, and
New-England Palladium, printed in Boston, for the purpose of
electing their first board of directors, who shall continue in office
till the second Monday of April, in the year of our Lord eighteen
hundred and twenty-five, and till others shall be chosen in their
stead : provided, however, that this charter shall be void, and of Conditions of
no effect, unless put into operation agreeably to the terms of it, ^^^^ charter,
within one year from the passing of this act : and provided, also,
that the said company shall not take any risk, or subscribe any
policy, by virtue of this act, until one hundred and fifty thou-
sand dollars of the capital stock of said company shall have been
paid in.

Sect. 7. Be it further enacted. That said company shall Limitation of
never take on any one risk against fire, or other risk, or loan on
respondentia, or bottomry on any one bottom, at any one time,
including the sum insured, in any other way on the same bottom,
a sum exceeding ten per centum on the capital stock of said com-
pany actually paid in according to the provisions of this act.

Sect. 8. Be it further enacted, That the said insurance Location,
company shall be located and kept in the city of Boston.

Sect. 9. Be it further enacted, That the said insurance Liability to tax-
company shall be liable to taxation by any general law, provi-
ding for the taxing of all similar corporations, which are by law
liable to be taxed. [Fe6. 20, 1824.]

188

1823.-

-Chap. 132.

Chap \S2.

Persons incor-
porated.

Powers and
privileges.

May hold cer-
tain real estate.

Management of
corporate prop-
erty.

Shares.

Transfer of
shares.

Power to raise
money.

An Act to incorporate the Proprietors of Mechanic Hall in Lynn.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Jacob Ingalls, William F. Ingalls, John B.
Burrell, Richard Richards, and Timothy Alley, 3d, all of Lynn,
their associates, successors, and assigns, be, and they are hereby
constituted a body politic and corporate, by the name of the Pro-
prietors of Mechanic Hall in Lynn ; and the said corporation by
the same name, are hereby declared and made capable in law to
sue and be sued, plead and be impleaded, to have a common
seal, and the same to alter at j)leasure, to make rules and by-laws
for the regulation and management of the estate herein after de-
scribed, consistent with the laws of the Commonwealth, and gen-
erally to do and execute whatever by law doth or may appertain
to bodies politic and corporate within the meaning and intent of
this act.

Sect. 2. Be it further enacted. That the said corporation
be, and the same hereby is declared and made capable to have,
hold, and possess all that certain real estate, situate in said Lynn,
bounded and described as follows, viz : southeasterly on the
highway measuring five rods, southwesterly on the highway meas-
uring six rods and twenty-two links of chain, northwesterly on
land of Daniel Silsbee, measuring three rods and thirteen links of
chain, northeasterly on land of Samuel Neall, there measuring five
rods and one link of chain, or however otherwise bounded, to-
gether with all the privileges and appurtenances thereunto be-
longing, provided the lawful proprietors of the same convey it
legally to said corporation, and the said corporation shall have
power to sell, grant, and alien in fee simple, or otherwise, their
corporate property, or any part thereof, within the said described
limits, and to lease, manage, and improve, build, rebuild, or alter
the same, according to the will and pleasure of said corporation,
expressed at any legal meeting by the said associates, or their as-
signs, or a major part of them.

Sect. 3. Be it further enacted, That the said corporation
property shall be divided into shares not exceeding one hundred
in number, as the said corporation may find it most expedient ;
and the said shares shall be divided among the several proprietors
according to the interest and portions which they may respec-
tively have in said corporate property, and certificates of such
shares shall be signed by the president of the corporation, and
issued to the proprietors accortjingly, and shall be transferable by
assignment on the back thereof, and the property in the same
shall vest in the assignee or vendee thereof, when a record of
such assignment shall be made by the clerk of the corporation,
whereupon new certificates shall issue accordingly, and the shares
in said corporation shall in all respects, and at all times be held
and considered personal estate.

Sect. 4. Be it further enacted. That the said corporation
shall have power, fron) time to time, to assess such sums of mon-
ey as at any legal meeting held and notified for that purpose, may

1823. Chap. 132—133. 189

be deemed necessary for building, rebuilding, and repairing or al-
tering any buildings whatever, on the land within the said de-
scribed limits, or for the improvement or management of the cor-
porate estate agreeably to the true intent and meaning of this act.
And in case any proprietor shall neglect or refuse to pay any as- Sale of shares
sessment so laid, the said corporation may cause such of the shares °' delinquents.
of such proprietors as may be sufficient therefor, to be sold at
public auction after ten days notice in two public places in said
Lynn, to the highest bidder ; and after deducting the amount as-
sessed and unpaid, together with the charges of sale and adver-
tisement, the surplus, if any, shall be paid over to such proprie-
tors, and the purchaser of such share or shares, shall be entitled
to receive a certificate of the share or shares by him purchased
accordingly.

Sect. 5. Be it further enacted, That the said proprietors Election of
shall annually in the month of March, elect by ballot, a board of ^'(^^pg^^j* ^""^
trustees to consist of five members, who shall choose one of their
number for president, and the said proprietors shall also elect by
ballot, a clerk and all other officers that they may deem necessa-
ry for conducting their corporate affairs and estate.

Sect. 6. Be it further enacted, That the trustees or a ma- Conveyance of
jor part of them, by a vote of a majority of the proprietors, each ^^'^'^•
proprietor being allowed one vote for each share he may own,
are hereby authorized and empowered to sell and convey in fee
simple, lease, or mortgage, all, or any part of the real estate which
they may hold as herein aforesaid, and to make, execute, and ac-
knowledge a good and sufficient deed or deeds thereof, which
deed or deeds subsciibed by the president, with the seal of said
corporation thereunto affixed, shall be good and valid in law.

Sect. 7. Be it further enacted, That Jacob Ingalls, be, First meeting,
and he is hereby authorized to call the first meeting of said pro-
prietors, by posting one or more notices of the time and place
thereof, in one or more public place or places in said town, eight
days at least before the time of meeting. And the said proprie-
tors are hereby authorized to determine the mode of calling fu-
ture meetings. [Feb. 20, 1824.]

An Act rej^ulating the Lobster Fishery in the town of Gloucester. CllO.'D 133

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That from and after the first day of April next, it shall Lobsters not to
not be lawful for any person to take any lobsters within the har- ^^ '.^K*^" ^"''

1 r I r i-11 r 1 n • carried away

bors oi tl)e town oi (jloucester, lor the purpose oi carrying away from the harbors
from said harbors. And any and every person offending against °^ Gloucester,
the provisions of this act, shall forfeit and pay the sum of ten
dollars for every offence, and shall also forfeit all the lobsters so
taken : provided, nevertheless, that the selectmen of said town Selectmen may
may allow said lobsters to be taken and carried away as afore- ?ive permission,
said, by all the citizens of this Commonwealth, by a general per-
mission to them only , and for a time not less than one month, at one
time, first giving public notice of such times in each year, within

190 1823. Chap. 133—136.

which they give such permission, by advertising the same two
weeks successively in one pubhc newspaper printed in the coun-
ty of Essex, and two pubhc newspapers printed in the county of
Suffolk.
Limits of the Sect. 2. Be it further enacted, That the harbors of said

harbors. Gloucester shall be considered and taken by this act to be and to

extend as follows, to wit : The harbor of Gloucester, from
Norman's Woe, on the west side, to Eastern Point, on the south
side. The harbor of Sandy Bay, from Gap-head, on the east
side, to Pigeon Cove, on the north side. The harbor of Annis
Squam, from Hallibut Point, on ihe east side, to Two Penny
Loaf, on the west side.
Appropriation Sect. 3. Bc it further enacted. That all fines and forfeit-
and recovery of yj-gg vvhich may be incurred for offences against this act, shall
accrue one half to him or them who may first sue for the same,
and the other half to the use of the Commonwealth. And the
said fines and forfeitures may be recovered with legal costs of
suit by action of debt, or information before any justice of peace
for the county of Essex ; and any person or persons aggrieved
by the sentence of the justice of peace, given in pursuance of this
act, may appeal thereupon to the next court of common pleas to
be holden in the county, in which judgment n)ay be rendered.
[Feb. 20, 1824.]

C^hnn 1 ^^^ ^^ '^^^ '° provide payment to the county of Worcester, for the use of their House of

BE it enacted by the Senate and House of Representatives, in

General Court assembled, and by the authority of the same,

County of vvor- That there be allowed and paid to the treasurer of the county of

cesterpaid Worcester, from the treasury of this Commonwealth, for the use

^SOOper annum ' . . i c \ \ c ■ • • i

lor use of house and Occupation ol so much ol the house ot correction, in said
of correction, couuty, as has been used by the convicts sentenced to the same
by the justices of the supreme judicial court, or either of them,
at the rate of three hundred dollars per annum for such term of
time as said house of correction has been occupied for the use of
the Commonwealth in manner aforesaid. And his excellency
the governor, by and with the advice of council, is hereby au-
thorized to draw his warrants on the state treasurer, for such
sums as may be due to the county of Worcester, agreeably to
the provisions of this act. [Feb. 21, 1824.]

f^hnn 1 '^fi -^" ^^"^ *** authorize Thomas Manning to erect a Dam across Ipswich River.

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
T. Manning au- the Same, That Thomas Manning be, and he is hereby authorized
a dam ^° "^^^ and empowered to erect and maintain a dam across Ipswich river,
so called, about three miles above the stone bridge, and near a
way leading from Topsfield road to said river, at the fording
place, between the towns of Ipswich and Hamilton ; which said
dam, the said Thomas Manning, his heirs and assigns, may con-
tinue and maintain, so long as he or they may see fit, for the
purpose of erecting grist or other mills, factory or factories, or

1823. Chap. 136—138. 191

any oilier valuable purpose for which the same is suitable : pro-
vided, however J the said Thomas Manning, his heirs and assigns, Shall keep open
shall make, and keep open through said dam, a passage way for foffisi,"^*' ^^^
the fish to pass up said river or stream, of the dimensions, and
constructed in the same manner and subject to the same rules
and penalties, as is provided by an act passed March twenty- 1787 ch. 58.
eighth, one thousand seven hundred and eighty-eight, and the ^^' ' P" "^
acts in addition thereto, to prevent the destruction of alewives
and other fish in Ipswich river : and provided, also, that the said — an<i make
towns of Ipswich and Hamilton shall not hereafter be subjected bridge.
to any expense in laying out or making any road or bridge leading
from the roads in Hamilton or Ipswich, to, or for the accommo-
dation of said mills or factory, but said roads or bridge shall al-
ways be made at the expense of said Manning, his heirs or as-
signs.

Sect. 2. Be it further enacted, That any person or persons Remedy for
whose land or other property may be injured by erecting and ^'"^s*^-
maintaining or using said dam and water, whether by flowing or
otherwise, shall have the like remedy and process for obtaining
indemnity therefor as is now provided for like injuries under the
several laws relating to mills in this Commonwealth. [Feb. 21,
1824.]

An Act in addition to an Act, entitled " An Act regulating the practice of Physic and (Jhrir) 1 37
Surgery." j

BE it enacted by the Senate and House of Representatives, I8i7ch. 131.
in General Court assembled, and by the authority of the same.
That any person who shall be graduated a doctor in medicine in Rights of grad-
the Berkshire Medical Institution, by the authority of Williams shire^MedicS"
College, shall be entitled to all the rights, privileges and immu- Institution,
nities granted to the medical graduates of Harvard University :
provided, however, that at any time hereafter, when it shall be
thought proper, the Commonwealth shall have the right of creat-
ing a board of overseers, to be composed of the trustees of said
institution, and such other persons as the Commonwealth may
designate for that purpose. [Feb. 21, 1824. J

An Act for the encouragement of Medical Science. CHdV 1 38.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That there shall be appropriated, allowed and paid out of the
treasury of this Commonwealth, annually, the sum of one thou-
sand dollars, for the term of five years, to the Trustees of the
Berkshire Medical Institution : provided, that the said trustees
shall faithfully apply the same to the purchase, erection and re-
pairing of suitable buildings, to the procuring of a library, chem-
ical and philosophical apparatus, anatomical preparations and
models, and for such other purposes as shall be deemed most
conducive to the best interests of the institution. And his ex-
cellency the governor is hereby authorized and requested to draw
his warrant accordingly. [Feb. 21, 1824.]

192 1823. Chap. 140.

C^hnn 1 4(0 ^" ^^^ ^° incorporate the Second Congregational Society in Medford.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General, Court assembled, and by the authority of
Persons incor- the Same, That Thatcher Magoun, John Bishop, John Bishop,
porated. j^,^^ j^j^^ p_ Qisby, Timothy Rich, Aaron Blanchard, An-

drew Blanchard, Nathan Bryant, Elisha L. Tainter, Nathaniel
Jaqueth, George B. Lapham, Jacob Butters, Galen James, Ed-
ward Rogers, Henry Rogers, Thomas Jameson, Joseph Clisby,
Willard Butters, William Rogers, Jesse Crosby, George W.
Reed, Jun., William Nash, John J. White, William C. Pratt,
Thompson Kidder, Charles J. Hall, Gilbert Blanchard, Isaac
Goodhue, Zenas Stoddard, Gilbert Brooks, James Kidder,
Jun., Amos Joslyn, Edward Pratt, Benjamin Eastman, Thomas
Pratt, Reuben Richardson, John B. Fitch, John Clough, An-
thony Hatch, Charles James, Lazarus Drew, James H. Drew,
Jacob Day, Bela Gushing, John Hinkson, Nathaniel H. Bishop,
James Forsyth, William A. Edgery, and their associates and
successors, be, and they are hereby incorporated as a religious
society, for the support of the public worship of God, and for
religious purposes, and constituted a body politic and corporate,
by the name of the Second Congregational Society in Medford,
Powers and pri. and invested with all the rights, powers, liberties, privileges,
vileges. franchises and immunities, commonly had, held, used, exercised

or enjoyed by other religious societies incorporated for similar
purj)oses in this Commonwealth. And the said corporation may
Rules andby- sue and be sued in their corporate name aforesaid, at)d may make
"'*■ all reasonable rules and regulations for the government and man-

agement of the affairs, business and concerns of the said society,
not repugnant to the laws and constitution of this Conmionwealih.
Estate. And the said corporation may take and hold by purchase, gift or

otherwise, any estate, personal, real or mixed, the net amount of
the income whereof shall not at any time exceed five thousand
dollars.
Who shall be Sect. 2. Be it further enacted. That no person shall be

considered taken or Considered as a member of said society exceptins; the

members. . ^ ~ •' . . ^ ~ .

proprietors oi a pew or pews, or any partol a pew in the meeting-
house of the said society, until he or she shall have obtained the
approbation, in writing, of a majority of the standing committee
of the said society ; and all persons who shall have obtained such
approbation as aforesaid, or who may be owners of a pew or pews,
or any part of a pew in such meeting-house, as aforesaid, and
who shall usually attend the public worship of God with the said
society, and shall be liable to pay taxes for the support and
maintenance thereof in the same society, for the time being, shall
with their families, polls and estates, be taken and considered for
Right of mem- all religious purposes as members of the said society, and all the
berstovote. members of the said society liable to taxation, as aforesaid, shall
be entitled to vote at any meeting of the said society, on all ques-
tions, matters and things, excepting such as relate to the property
of the said society, or to any sale or exchange, or investment
thereof, or to the management, appropriation or disposal thereof.

1823. Chap. 140. 193

or any part thereof, or to the assessing or raising money by taxes
on the pews in such meeting-house, as aforesaid, to be built,
used and occupied by the said society for the public worship of
God. But on all questions, matters and things to be determined Who are legal
or ordered, resolved, authorized, ratified, done or transacted in queyuon^°of
the said society, at any meeting thereof, relating in any way to property,
the property of the said corporation, or to any sale, exchange or
investment thereof, or to the management, appropriation or dis-
posal thereof, or any part thereof, no person shall be taken or
considered as a legal voter, but the actual })roprielors of a pew
or pews, or of any part of a pew in such meeting-house as afore-
said, or their agents duly authorized, and the proprietor or pro-
prietors of each pew in such house as aforesaid shall be entitled
to two votes and no more for such pew as aforesaid, in voting, in
all cases where only such proprietors and persons, by them au-
thorized shall be entitled to vote, but in all other cases the said
proprietors shall each be entitled only to a single vote : provided^ Proviso.
nevertheless, that while the said society have no such meeting-
house as aforesaid, and until such meeting-house shall have been
built and completed, all persons who have subscribed for, or may
subscribe for any pew or pews, or part of a pew, and have agreed,
or may agree to purchase the same in such meeting-house about
to be built for the purposes aforesaid, shall be entitled to vote in
like cases, and in like manner to have and exercise all the rights,
powers and privileges given by this act to such proprietors as
aforesaid.

Sect. 3. Be it further enacted, That all monies to be raised Assessment of
by the said society by taxation for the support of the public wor-
ship of God, and other parochial purposes, may be assessed upon
the polls and estates of the members of the said society, or upon
the pews in the meeting-house of the said society, in case, by a
majority of votes of such proprietors as aforesaid, to be given in
manner aforesaid, it shall be so determined, or partly on the polls
and estates aforesaid, and partly on such pews, if by a majority
of such votes it shall be so determined. And in case any assess-
ment shall be made upon such pews as aforesaid, according to
such determination as aforesaid, the said pews may be taken and
sold for the payment of all assessments duly made upon them as
aforesaid, and for the expenses and charges of sale, in such man-
ner, and on such conditions, as by a majority of such proj)rietors
shall be determined : provided, nevertheless, that the assessments Proviso,
to be made on the polls and estates of the respective members of
the said society, during any year, for the purposes aforesaid,
shall in no case exceed the assessments that during the same
year may be made upon the polls and estates of the respective
members of the First Congregational Society in Medford for like
purposes, regard being had to the relative value of their estates.

Sect. 4. Be it further enacted, That the per.-ons entitled Choice of stand-
to vote in said society, shall annually, at such time and place as al^^ther offi^
the said society shall hereafter appoint, choose by written ballot cers.
a committee of seven persons, being proprietors as aforesaid, to

VOL. VI. 25

194

1823.-

-Chap. 140—148.

Withdrawal
from the soci-
ety.

Previous con-
tracts made jj
valid.

First meeting.

be called the standing committee, for the purpose of managing
the financial and prudential concerns of said society ; and a clerk,
treasurer, three assessors, a collector, and a sexton, which said
several officers shall continue in office during the year, and until
others shall be chosen in their stead ; and the said society may,
from time to time, choose such other officers and committees as
they may think necessary and expedient for the managing, con-
ducting and transacting the affairs, concerns and business of the
society.

Sect. 5. Be it further enacted^ That when any member of
the said society shall wish to withdraw from the same, he or she
shall leave a written notification thereof with the clerk of the said
society, and the poll and estate of such member shall thereafter
be exempted from taxation in said society, but such persons so
seceding from said society shall be holden to pay all the taxes
already assessed upon his poll, or his or her estate ; and if he or
she shall be a proprietor of a pew or pews, or part of a pew,
shall at all times thereafter, so long as he or she may remain such
proprietor, be liable to pay such assessment as may from time to
time be made on the pews in such meeiing-house as aforesaid.

Sect. 6. Be it further enacted, That all the contracts and
doings of the said society previous to the passing of this act, be,
and the same are hereby confirmed and made valid and binding
in law, on the members thereof in their corporate capacity afore-
said.

Sect. 7. Be it further enacted, That Thatcher Magoun,
or any other of the persons mentioned in the first section of this
act, may cause the first meeting of the said society to be called,
for the purpose of choosing the officers of said society, and for
any other purpose, to be specified in a notification to be posted
up in three conspicuous places in said town of JMedford, seven
days, at least, before the time to be appointed for such meeting.
[Feb. 21, 1824.]

ChapUQ.

The city coun-
cil of Boston
may decide up-
on the extension
of Faneuil hall
market.

Proviso.

An Act authorizing the extension of Faneuil Hall Market in Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That whenever the city council of the city of Bos-
ton shall declare that the public exigences require that the limits
of Faneuil Hall Market should be extended in any direction be-
tween Ann street on the north, a line drawn from the east end of
Faneuil Hall, on the west, the south side of Faneuil Hall, and
the lane leading to Green's wharf, on the south, and the harbor
on the east, it shall be lawful for the mayor and aldermen of said
city, within one year from the first day of April next, to lay out
and widen Faneuil Hall Market, in such direction within the lim-
its aforesaid, not exceeding one hundred and eighty feet wide, as
may be prescribed by the city council : provided, that the land
taken, by virtue of this act, shall never be used for any other pur-
poses than those herein described, without the previous consent
of the Legislature being obtained therefor.

1823. Chap. 148. 195

Skct. 2. Be it further enacted, That it shall be the duty of t)utj' of the
said mayor and aldermen, previously to removing any building or (7ermeif"o reier
doing any act affecting said property, to notify a meeting of the questions of
proprietors, or legal representatives, of the estates which may be ^'"^S®*-
included within the said limits, and directed by the city council,
to be appropriated for the purposes aforesaid, and invite their
concurrence in a submission and reference of all questions rela-
ting to the damages which they may sustain by such appropria-
tion, to five disinterested freeholders and inhabitants of this Com- Manner of ap-
monwealth, two to be chosen by said mayor and aldermen, and pomtingrefer-
two by the proprietors ; which four persons shall elect one more ;
and the five thus chosen shall forthwith, after the said market
shall have been extended in manner afoiesaid, give notice to both
parties to appear, if they see fit, for a hearing before them, and
shall proceed to the duties of their appointment. And they shall
first inquire whether any damage has been sustained from the pro-
ceeding aforesaid, and if any, they shall estimate the same and
their award shall be binding and conclusive on the inhabitants of
said city of Boston, and on said proprietors. And in case any
of said proprietors shall not agree to said submission, the same
reference shall be had, in manner and form aforesaid, with those
who do agree to the same.

Sect. 3. Be it further enacted, That any of said proprie- Proprietors
tors, or legal representatives of any estates taken for the purposes may file petition
aforesaid who may not agree to said reference, may, within three s.*^ j" Co""!.^ '"
years from the time that the land or estates shall have been so
taken, file his petition for indemnity in the supreme judicial court
within the county of Suffolk, before or during any term thereof,
and after fourteen days notice, which shall be given by leaving a
copy of said petition with the mayor of the city of Boston, the
court may proceed to the hearing of the said petitioners, upon the
appearance or default of the adverse party ; and the said court are Court may ap-
hereby authorized and empowered to appoint five commissioners, P°'"^ commis-
who shall be disinterested freeholders and inhabitants of this Com-
monwealth, whose duty it shall be to estimate and determine the
damages which the plaintiff may have sustained, in the manner,
and upon the principles set forth and expressed in the second
section of this act, and shall make return of their award into said
court as soon as may be, and upon the acceptance thereof, judg-
ment shall be rendered thereon for the party prevailing, with costs :
provided, however, that if either party shall be dissatisfied with said Party dlssatis-
award, it shall be lawful for such party to apply to the supreme ju- ma'yTppiyTo^*^
dicial court, at any term thereof, within and for the county of Suf- fial by jury.
folk, next after such award, for a trial by a jury, at the bar of said
court, and thereupon the court shall direct the sheriff of the coun-
ty of Suffolk, to name and return a special jury, who shall be
disinterested freeholders, to hear and determine in said court, all
questions relating to said damages, and to assess the amountthereof;
and the verdict of such jury [shall] be final and conclusive up-
on the parties ; and if the party applying for a jury shall not ob-
tain, in case it shall be the original plaintiff, or applicant, an

196

1824.-

-Chap, 1.

Costs.

Trustees, ad-
ministrators,
&,c., o( estates
authorized to
act.

Proviso.

Disposition of
damages.

Chap. 1.

Persons incor-
porated.

By-laws.

Estate.

increase of damages, or in case it be the original defendant, a
decrease of damages awarded by the commissioners, such party
shall pay reasonable costs of such trial, otherwise shall recover
reasonable costs, and upon any judgment rendered on the verdict
of such jury, the court may issue execution accordingly.

Sect. 4. Be it further enacted^ That in case any property
or estates shall be taken imder the provisions of this act, which
may be held in trust, or be the property of married women, or be-
long to minors, or persons non-compos, or the unsettled estates
of persons deceased, the trustees of such estates held in trust, such
married women with their husbands, and the guardians of such
minors or persons non-compos, and the administrators and exec-
utors of such estates are hereby authorized to enter into such refer-
ences, or take such other measures as proprietors are by this act
authorized to do : provided^ however^ that the damages w hich may
be awarded by the commissioners or recovered by verdict, be-
lonsiing to estates held in trust, or the property of married wo-
men, shall be paid to ti)e trustees of such estates so held in trust,
and the husbands of such married women, if such married women
shall thereto consent in writing, and if not, then to [a] trustee or
trustees to be appointed by the supreme judicial court, at any term
thereof, on application of any such married woman, in trust to
hold and invest the same, and pay over the income thereof to the
husband of such married woman, so long as he would have been
entitled to the use and possession of said estate, and then to pay
over the principal to such person or persons as would have been
entitled to have said estate, if the same had not been taken by the
provisions of this act, with such securities, limitations, and re-
strictions as said court shall on such application direct. And the
damages awarded to unsettled estates of deceased persons, or
minors, or jiersons non-compos shall be subject to the san)e dis-
position which is now by law [)rovided for the surplus arising from
the sales of real estate by administrators and guardians, under the
order of court. [Fe6. 21, 1824.]

An Act to incorporate the South Church in Dedham.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled^ and by the authority of
the same, That William Cogswell, Jacob Guild, David Andrews,
Jesse Gay, Jesse Gay, Jr., Enoch Talbot, Phinehas E. Dean,
John Dean, 2d, Dean Chickering, Luke Coney, Homer Fales,
Eliphalet Fales, Ebenezer Blake, Aaron Guild, with their asso-
ciates, be, and they hereby are incorporated and made a body
politic, by the name of the South Church in Dedham ; and shall
have power to make and use a common seal, and the same to
break and alter at their pleasure ; and to make such by-laws for
the orderly direction of the business of said body politic, as shall
not be repugnant to the constitution and laws of this Common-
wealth.

Sect. 2. Be it further enacted, That said body politic may
hold property, real or personal, or both, to the amount of ten

1824. Chap. 1—4. 197

thousand dollars, for the purpose of supporting, with the income
thereof, the preaching of the gospel, and for other henevolent and
religious pui-poses ; and that tlie property which has heretofore Donations.
been bequeathed or otherwise given to the South Church in
Dedham, and now in possession of the deacons of said church,
shall hereafter be held by said body politic, subject to all the
conditions and under all the trusts that were annexed to such be-
quests and gifts by the donors thereof.

Sect. 3. Be it further enacted, That said body politic shall officers.
at their first meeting, elect a clerk, a treasurer, and a committee
of three, with such powers as shall be prescribed by the by-laws
of said body politic ; and that the first meeting thereof may be First meeting,
called by William Cogswell above named, by posting a notifica-
tion thereof, eight days before the time appointed for such meet-
ing, in the meeting-house in the South Parish in Dedham. [June
5, 1824.]

An Act in further addition to an Act lor incorporating the Proprietors of the Boston (^]l(ip, 2.
Pier, otherwise called the t^ong Wharf, in the town of Boston. '

BE it enacted by the Senate and House of Representatives, juiy 14, 1772.
in General Court, assembled, and by the authority of the same I806ch. 11.
That the Proprietors of Boston Pier, or Long Wharf, so called Proprietors of
in the the town of Boston, now the city of Boston, be, and they ^'""^ Wharf

, , . , . •' , . •^, empowered to

are hereby declared capable in law, in their corporate name and purcimse addi-
capacity, to purchase, and to have, hold, and enjoy any and all J^onai real es-
. such lands, tenements, and hereditaments, and the rents, profits,
and benefits thereof, as the same proprietors shall judge necessary
or expedient for the improvement of said wharf, for widening or
improving the passages thereto : provided, that such lands, ten- Proviso,
ements, and hereditaments so to be purchased and held, in addi-
tion to the real estate now held by said Proprietors, at the time
of the purchase thereof, shall not exceed in value the sum of one
hundred thousand dollars. [June 5, 1824.] Add. act, 1825
oh. 117.

An Act in addition to an Act entitled an Act to incorporate the Proprietors of the f^hnr) A
Branch Church in Salem, in the county of Essex. x ' *

Sect. 1. BE it enacted by the Senate and House of Repre- i804ch. 119.
sentatives, in General Court assembled, and by the authority of ("-'• 3- p- ^53.)
the same. That the corporation aforesaid shall, from and after the Name changed,
passing of this act, be known and called by the name of "the
First Presbyterian Church in Salem," any thins, in the said act, [Name altered

1 • I 1 • • • 1 1- • 1 '' . • I . J- agani, 1828 eh.

to which this act is in addition, to the contrary notwithstanding. 3°]

Sect. 2. Be it further enacted, That said corporation shall powers, privi-
be, and hereby are vested with, and entitled to all the powers, leges, and lia-
privileges, rights, and immunities, under their said corporate name
of " The First Presbyterian Church in Salem," and shall also
be subject to all the duties and liabilities to which they are enti-
tled, and subject by the said act to which this act is in addition.
[June 5, 1824.] Add. act, 1828 ch. 3.

198

1824.-

•Chap. 5.

Chap. 5.

Persons incor-
porated.

Powers and
privileges.

By-laws.

Real estate.

Dividends.

Number of
shares.

Assessments.

An Act establishing a corporation by the name of the East India Marine Hall Cor-
poration.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Stephen Phillips, John Andrew, Abijah
Northey, Nathaniel L. Rogers, and Samuel Red, and all such
persons as may hereafter associate with them as proprietors, their
successors and assigns, shall be, and hereby are constituted a
body politic and corporate, by the name of the East India Marine
Hall Corporation, and by that name may sue and be sued, plead
and be impleaded, defend and be defended in any courts of
record, or in any other place whatsoever, and shall and may do
and suffer all matters, acts and things, which bodies politic ought
to do and suffer, and shall have power to make, have, and use a
common seal, and the same again at pleasure to break, alter, and
renew, and also to ordain, establish and put in execution such by-
laws, ordinances and regulations, as to them shall appear neces-
sary and convenient for the government of said corporation, and
for the prudent management of their property and affairs ; and for
the breach of such by-laws, ordinances, and regulations may order
fines and penalties, not exceeding ten dollars for every breach :
provided, that such by-laws, ordinances, and regulations shall not
be repugnant to the laws of this Commonwealth.

Sect. 2. Be it further enacted, That the said corporation,
shall be, and hereby is declared capable to purchase, have, hold,
and possess any lands, tenements or hereditaments, not exceeding
fifty thousand dollars in value, lying in the town of Salem, in the
county of Essex, and siiall have power to erect any houses and
other buildings, on any real estate owned by them, and shall have
power to grant, sell, and alien in fee simple, or otherwise, the
said corporate property, or any part thereof, and to lease, ex-
change, manage, and improve the same, according to their will
and pleasure. And the rents, profits, and receipts, which may
accrue from the improvements, leasing, or other management of the
corporate property aforesaid, may and shall once at least in ev-
ery year, be divided among the proprietors according to their re-
spective shares.

Sect. 3. Be it further enacted. That said proprietors may,
at any legal meeting, agree upon the number of shares into which
said estate shall be divided, not exceeding two hundred and fifty,
of which the Salem East India Marine Society shall be entitled
to hold any number which it may choose to take or purchase ;
and may agree upon the form of certificates to be given to the
proprietors, of tlie number of shares by them respectively held,
and upon the mode and conditions of transferring the same ;
which shares shall be held and considered as personal estate, to
all intents and purposes whatsoever ; the said proprietors shall
also have power to assess on each share, such sums of money as
may be deemed necessary for purchasing any lands, tenements,
or hereditaments for the use of the corporation, and for repairing
and erecting houses and other buildings, on any part of their real

1824. Chap. 5. 199

estate ; and generally for the improvement and good manage-
ment of their said estate, agreeably to the true intent of this act ;
and to sell and disjiose of the same shares, or of the shares of Delinquents'
any delinquent proprietor, for the payment of assessments, in ^J^J^J^'* "'^y ^®
such way and manner, as said corporation may, by their by-laws
and regulations, determine and agree upon : provided, hoicever, Proviso,
that the value of the houses and buildings, which may be owned
by the said corporation at any onetime, shall not exceed fifty thou-
sand dollars, exclusive of such as may be taken as security for
debts due to them.

Sect. 4. Be it further enacted, That all meetings of the Meetings.
corporation shall be called in such manner as the by-laws and
regulations thereof shall provide, and there shall be an annual
meeting at some time and place to be prescribed by such by-laws
and regulations, at which there shall be chosen a president and officers,
three directors, and such other officers as the proprietors may
deem meet ; but no person shall be eligible as president or as a
director, who is not a member of the Salem East India Marine
Society ; and in case of any vacancy in any office, before the Vacancies, how
annual meeting, the proprietors may, at a special meeting to be filled.
called for that purpose, proceed to fill such vacant office, and the
person so chosen and accepting, shall, unless otherwise remova-
ble, hold the same until the next annual meeting : and at all meet- Right of voting,
ings of the corporation the Salem East India Marine Society,
shall be entitled to one vote for every two shares owned by tlie
same society, and every other proprietor shall be entitled to one
vote for every share owned by him, but in no case to have more
than ten votes : provided, hoivever, that no person shall be enti- proviso.
tied to vote at any meeting of the corporation, who shall not at
the time, be a member of the said Salem East India Marine
Society.

Sect. 5. Be it further enacted, That the president and Quorum of
directors shall hold their offices during one year, and until others
are chosen in their stead ; and a majority of the persons so being
president and directors, shall constitute a quorum for transacting
business, and the said president and directors shall have the man-
agement of the property and other prudential concerns of the
corporation, and shall exercise such other powers and authorities
as shall from time to time be entrusted to them by the corpora-
tion, by their by-laws or otherwise.

Sect. 6. Be it further enacted, That Stephen Phillips, First meeting.
John Andrew and Abijah Northey, or any two of them, shall
have authority to call the first meeting of the said corporation, by
advertising the same in some public newspaper printed in the
town of Salem, at least ten days before the time of meeting, and
at that or any other meeting, the proprietors may proceed to
choose a president, directors, treasurer, clerk, and other officers,
to serve until others shall be chosen in their stead, and to make
such by-laws and rules, for the government of the corporation
and management of its concerns, as to them shall seem meet,
and to authorize the president and directors to purchase any real

200

1824.-

-Chap. 5—9.

Chap. 6.

Persons incor-
porated.

Estate, real and
personal.

Shares.

estate, erect houses and other buildings, levy and collect assess-
ments, sell delinquents' shares, and generally to do and transact
all and every business which the corporation is by this charter
authorized to transact. [June 7, 1824.]

An Act to incorporate the Proprietors of the Monitorial School in Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That James Savage, Jonathan Phillips, Francis J.
Oliver, John S. Foster, and their associates and successors, be
and hereby are incorporated and made a body politic, by the
name and style of the Proprietors of the Monitorial School in
the city of Boston, with power to hold real estate, not exceeding
the amount of twelve hundred dollars annual income, and personal
estate not exceeding the amount of three thousand dollars annual
income, for the establishment and support of one or more schools
for instruction of youth of both sexes on the monitorial system
or principle of mutual instruction, with such additions and im-
provements as experience may justify.

Sect. 2. Be it further enacted, That the stock of said
corporation may be divided into as many shares, of the value of
twenty dollars each, as to the associates may seem expedient,
and ntay be entitled to such privileges and subject to such restric-
tions as the}' shall direct and establish : provided, hoicever, that
such rules and regulations shall not be repugnant to the constitu-
tion and laws of this Commonwealth.

Sect. 3. Be it further enacted, That the first meeting of
said corporation shall be holden after three days notice in two
newspapers in the city of Boston, by any two of the persons
named in the first section of this act. [June 8, 1824.]

An Act to extend tlie term for the Proprietors of the Merrimack Canal to open and

complete the same.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That the Proprietors of the Merrimack Canal be, and they here-
by are allowed a further time of six years, from and after the
nineteenth day of June, which will be in the year of our Lord
one thousand eight hundred and twenty-five, to open and cut said
canal, and to do all things, which in and by their act of incorpo-
ration they are authorized to do, and on the same terms, any
limitation in the said act of incorporation to the contrary notwith-
standing. [June 9, 1824.]

Chci'D, 9. ■^" ^'^^ '" 3'^ditioii to an Act to incorporate the President, Directors and Company of
-» ' the Merchants' Bank.

1811 ch. 82. Sect. I. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority of
the same, That the President, Directors and Company of the
Merchants' Bank be, and hereby are authorized and empowered
to increase their present capital stock, by an addition of one hun-
dred thousand dollars thereto, in shares of one hundred dollars
each, which shall be paid in, in such instalments, and at such

First meetinj

Chap. 7.

1819 ch. 51.

Time for com-
pletin"f canal
extended.

Increase of cap-
ital stock.

1824. Chap. 9—10. 201

times, and shall be so disposed of, as a majority of the stockhold-
ers at any legal meeting may direct and determine: provided^ [Tjme extended
however, that the whole amount shall be paid in, on or before the ~ *^ ' "^
first day of November next.

Sect. 2. Be it further enacted, That the additional stock Subject to tax,
aforesaid shall be subject to the like tax, regulations, restrictions
and provisions, as the capital stock of said corporation is now lia-
ble to, by virtue of the act to which this is in addition. [June
12, 1824.] Add. acts, 1826 ch. 25: 1830 ch. 58.

An Act to incorporate the Trustees of the Ministerial Fund of the Congregational So- (^fmj)^ \0,
ciety in the town of Leicester. .»

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Nathaniel P. Denny, Austin Flint, Henry Persons incor-
Sargent, John Sargent and Joshua Murdock, be, and they are po^^^^''-
hereby constituted a body politic and corporate, by the name of
the Trustees of the Ministerial Fund belonging to the Congrega-
tional Society in the town of Leicester ; and by that name shall Powers and
have perpetual succession, and may sue and be sued, plead and P'''^''^^^^-
be impleaded, may have a common seal, and shall possess and
enjoy such other powers and privileges as are incident to corpo-
rations of a like nature.

Sect. 2. Be it further enacted, That the said trustees shall May take pres-
have power to take and receive in their hands and possession, the ^"
whole of the funds at present belonging to said society, and may
receive and hold such furtiier subscriptions, donations, grants,
bequests and devises, as may hereafter be made to them, or the
inhabitants of said society, the interest of which fund shall be for- Appropriation
ever appropriated annually towards the support of such congrega- ° '°'erest.
tional minister, as shall or may, from time to time, be ordained
over the church and said society, in said town : provided, the Limitation of
annual income of said fund shall not exceed two thousand dollars : '"*^°""®-
and provided, also, that if the income of said fund shall at any
time exceed the annual salary of the minister, the surplus may
be appropriated, under a vote of said society, to the promotion
and encouragement of church music, or other parochial charges.

Sect. 3. Be it further enacted. That the inhabitants of said Number of
society, at any legal meeting called for that purpose, within one jncreated*^^ ^^
year from the passing this act, may increase the number of
trustees, by electing by ballot an additional number from said
society, not exceeding two, to those named in this act. And if
the said inhabitants shall neglect to make such election, the trus-
tees herein named are hereby authorized, if they see fit, to choose
one additional trustee, so that the whole number shall never exceed
seven, nor be less than five ; and in all meetings, the attendance
of a majority of the board of trustees shall be requisite for the
transaction of business.

Sect. 4. Be it further enacted. That whenever any vacancy Vacancies, how
shall happen among said trustees, by death, resignation, removal, ^"®'^"
or otherwise, the said trustees are authorized and directed, at

VOL. VI. 26

202

1824.-

■Chap. 10—12.

Clerk and
treasurer.

Records to be
open to inspec-

First meeting'.

Chap. 11,

1821 ch, 105,

their next meeting, to elect some suitable member of said society
to fill up the vacancy in their board.

Sect. 5. Be it further enacted^ That the said trustees shall
appoint a clerk, who shall be under oath faithfully to record all
the votes and transactions of the board, and a treasurer, who shall
give bond to the trustees and their successors, with sufficient
surety, conditioned to do and perform all the duties incumbent
on him as treasurei-, which officers shall hold their respective
offices until others shall be chosen and qualified to succeed them.

Sect. 6. Be it further enacted^ That the records and pro-
ceedings of the trustees shall at all limes be open to the inspec-
tion of any committee diat may be appointed for that purpose on
behalf of the society ; and [the saiil] trustees shall, whenever
called upon by vote of the society, make a report of the state of
the fund ; and if the said trustees, or either of them, shall suffer
the said fund to be itnpaired or diminished, through their person-
al misconduct or misapplication, they shall be severally responsi-
ble to the society to make good such loss out of their private
estate.

Sect. 7. Be it further enacted^ That Austin Flint, Esq. be,
and he hereby is authorized to call the first meeting of said trus-
tees. [June 12, 1824.]

An Act in addition to an Act, entitled
surance Company of Boston."

An Act to incorporate the Manufacturers' In-

BE it enacted by the Senate and House of Representatives^ in
General Court assembled, and by the authority of the same.
That the said Manufacturers' Insurance Company be, and they
are hereby invested with all the powers and privileges, and sub-
ject to all the restrictions and obligations contained in a law of
this Commonwealth, passed on the tenth day of February, in the
year of our Lord one thousand eight hundred and twenty-three,
1822 ch. 80. entitled "an act to incorporate the Frankhn Insurance Company
in Boston." [June 12, 1S24.]

dlfLTI 1 2 ■^" ^^"^ '" '•'^'^'''O" 'o 'If' ^^^) entitled an Act incorporating the Atlas Insurcince Com-

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That from and after the passing of this act, the said
Atlas Insurance Company shall be, and hereby is authorized and
empowered to purchase, hold and convey real estate, for the use
and benefit of said company, to and of the value of one hundred
thousand dollars.

Sect. 2. Be it further enacted. That the stock, property,
affairs and concerns of said company shall be managed by fifteen
directors.

Sect. 3. Be it further enacted. That so much of the afore-
said act, incorporating the Atlas Insurance Company, as is in-
consistent with this act, be and hereby is repealed. [June 12,
1824.]

1823 ch. 71.
Real estate.

Number of di-
rectors.

1824. Chap. 13. 203

An Act to establish the Central Turnpike Corporation. ChCLJ). 13.

Sect. 1. BE il enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Samuel Slater, Jonathan Davis, Joseph Valen- Persons incor-
tine, Eli Warren, John Brown, Sylvanus Holbrook, Daniel porated.
Tourtilot and John J. Clark, together with such others as have
associated or may hereafter associate with them, their successors
and assigns, be and hereby are made a corporation, by the name
of the Central Turnpike corporation, for the purpose of making
a turnpike road, from the Worcester turnpike road, by White Route of tum-
and Sargent's, in Needham, in the county of Norfolk, in the best P'^'®-
direction through Natick, to the southerly end of Farm pond, in
Framingham, in the county of Middlesex, or to begin at said
Worcester turnpike, a little west of Natick pond, so called, thence
in the best course to intersect the first named route, at the south-
erly end of said Farm pond, as the locating committee shall judge
most fit and proper ; thence in the best course to Jones's mills,
in said Framingham ; thence in the best direction to Hopkinton
meeting-house ; thence in the best course to Samuel Forbush,
Jr. in Upton, in the county of Worcester ; thence in the best
direction to the house formerly kept by Lovel Baker, in said
Upton ; thence in the best course to or near the Fowler or
Southwick bridge, over Blackstone river, near Sylvanus Hol-
brook's factory, in Northbridge ; thence in the best direction to
Jason Water's, in Sutton ; thence in the best course to Samuel
Slater's factory village, in Oxford and Dudley ; thence in the
best direction to the line between the states of Massachusetts and
Connecticut, running near Phipps' and Buckston's dwelling-
houses ; and shall have the right to erect four whole gates ; and Powers and
shall have all the powers and privileiies, and shall also be subject P"viieges.
to all the duties, requirements and penalties, prescribed and con-
tained in "an act defining the general powers and duties of turn- i804ch. 125.
pike corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted. That the stock of said cor- shares,
poration shall be divided into four hundred shares, of seventy-five
dollars each, and every person who may subscribe for any share
in said corporation, shall bind himself and his heirs to the payment
of the sum of seventy-five dollars on each and every share for
which he may subscribe, payable in such instalments as the cor-
poration, by their vote, may direct ; and no person shall be hold-
en to pay a greater sum than seventy-five dollars on any share by
him subscribed for, in the stock of said corporation : provided. Proviso.
nevertheless, that if the proceeds of said four hundred shares shall
be insufficient to defray the expense of completing said turnpike
road, and keeping the same in repair, the said corporation shall Power to m-

, ' ii- -I iri .. crease the num-

have power and authority to mcrease the number oi shares to ber of" shares.
such an extent as they may deem necessary for the purposes
aforesaid.

Sect. 3. Jlnd be it further enacted, That the committee Viewing com-
who were appointed to view said route, be a committee, at the I?iad%n°d'Se
expense of the corporation, to lay out or locate said turnpike return thereof.

204

1824.

■Chap. 13—15.

road, who shall be invested with the same powers, observe the
same rules, be under the same restrictions, perform the same du-
ties, and make return of such part of their doings to the court of
general sessions of the peace, within and for the respective coun-
ties in which said road is situated, in* the same manner as is
provided by law for committees appointed by said court for lay-
ing out public highways, any law or usage contrary to the pro-
visions of the above section notwithstanding. [June 12, 1824.]
Add. act, 1829 ch. 7 : CO.

ChctT). 14. ■'^" ^'^^ '" addition loan Act to incorporate the President, Directors and Company of
-t * llie Columbian Bank.

1821 ch. 90. BE it enacted by the Senate and House of Representatives^ in

General Court assembled, and by the authority of the same, That
so much of the tenth section of the act, incorporating the Presi-
dent, Directors and Company of the Columbian Bank, as pro-
hibits them from paying or receiving any bill or note of any other
bank, for any less sum than the nominal value expressed in such
bill or note, be, and the same is hereby repealed. [June 12,
1824.] Add. act, 1830 ch. 58.

ChcfP, 15. '^" ^^^ ^° authorize the Proprietors of West Boston Bridge toesiablish a Turnpike
-« * * Road from Cambridge to Watertown.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the Proprietors of the West Boston Bridge be,
and they are hereby authorized and empowered to make and

Route of road, establish a tumpike road from a point in the old road in said
Cambridge, near the store of Edmund T. Hastings, in nearly
a straight line, crossing Charles' river by a bridge, to a point
in the old road, near the dwelling-house of James Hovey, in
Brighton ; thence in a direction nearly in the course of the
old road, to a point therein, near the dwelling-house of John
Herrick, in said Brighton ; thence across Charles' river, by
a bridge passing northerly of the United States' arsenal, and
entering the square in Watertown, northerly of the Watertown
turnpike, under the direction of the locating committee, and with
the consent of any person or persons through whose premises
said road shall pass, bounding on the old road or square in Wa-
tertown ; with all the powers and privileges, and subject to all
the requisitions and penalties established by the act, entitled "an
act defining the general powers and duties of turnpike corpora-
tions," and the several acts in addition thereto ; said road over
the marshes to be laid out of such width as the locating commit-
tee may deem necessary and expedient, for the making and se-
curity thereof: provided, that neither the towns of Watertown,
Cambridge, or Brighton, shall ever be compelled to support any
part of said road or bridges without their own consent : provided,
also, that said proprietors shall be required to erect a draw for
the passage of vessels in the bridge leading from Cambridge
to Brighton, of the same dimensions, and upon the same condi-
tions as are prescribed for the erection of a drawer Idraw] , in the

1807 ch. 74. act, entitled "an act incorporating certain persons for the purpose

Powers.
1804 ch. 125.

Proviso.

1824. Chap. 15—16. 205

of building a bridge over Charles' river, between Canabridge and
Brighton, in the county of Middlesex," passed March second, in
the year of our Lord one thousand eight hundred and eight : and
provided^ also^ that said proprietors shall be required to erect a
draw in the other bridge, granted by this act, leading from Bright-
on to Watertown, of the same dimensions and upon the same
conditions as above prescribed for the erection of the other draw,
whenever there shall be erected and established a drawer [draw~\
in the old bridge leading from Cambridge to Brighton.

Sect. 2. Beit further enacted, That the joint committee Jo'"* conimittee
of the senate and house of representatives, for the time being, on °„re lo locate'^
the subject of bridges, turnpikes and canals, or a majority of road, and make
them, be, and they hereby are authorized to perform all the du- ^^ ""^^ ^'^ '
ties of a committee for laying out the road hereby granted, and
for assessing the damages which may be occasioned by the
establishment of said road and bridges to any individuals whose
lands may be taken therefor, and to the town of Brighton, in
their rights of fishing in Charles' river, if any ; and their return,
made to the court of sessions, in the county of Middlesex, shall
be [as] effectual in law, as that of any committee which might
be appointed by said court of sessions for the same purpose,
saving to either party the right of trial by jury, as is provided
in the general turnpike act.

Sect. 3. Be it further enacted, That said Proprietors of Tolls.
West Boston Bridge be, and they are hereby authorized to erect
a toll gate, upon any part of said road, which they may find most
convenient for collecting tolls, and shall be entitled to demand
and receive from each traveller or passenger, the same amount of
tolls which the Ninth Massachusetts Turnpike Corporation is
now authorized to receive at its gates in Bellingham, by an act 1822 ch. 67.
passed on the eighth day of February, in the year of our Lord
one thousand eight hundred and twenty-two, \twenty-three'\ and Proviso,
no greater : provided, however, that the Legislature may at any
time reduce the toll, so that the net proceeds thereof may not
exceed six per cent, per annum, of the cost of said road and
bridges, calculating upon the average dividends of three preced-
ing years. [June 12, 1824.]

An Act to regulate the Side-walks in the town of Charlestown. C^hcLY) 1 1)

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by tlie authority of
the same, That in all streets which shall hereafter be paved in width ofside-
the town of Charlestown, the side-walks shall be made according "'^'^s-
to the following regulations, viz : the foot-path or side-walk on
each side of the street, shall be of a breadth not exceeding one
sixth part of the whole width of the street, and shall be paved
with brick or flat stone, and shall be secured with good and suffi-
cient hammered edge stone on the outside of the same.

Sect. 2. Be it further enacted, That whenever the town Owners to pave
shall direct the paving of any public street as aforesaid, each and «'de-walks.
every owner or owners of a lot or lots of land adjoining the same,

206 1824. Chap. 16.

shall without delay, at his or her own expense, cause the side-
walk in front of his or her land, to be paved with brick or flat
stone, and supported by hammered edge stone, and kept in re-
pair, the same to be done under the direction, and to the accep-
in case of neg- tance ofthe surveyors of the highways. And if the owner or owners
tTiioh''^^^''^ of such lot or lots, shall neglect or refuse to pave and support the
side-walk as aforesaid, for the space of twenty days after he or she,
or the tenant of such lot or lots, or the attorney of such owner or
owners, shall have been thereto required, by any of the survey-
ors of highways, then it shall be lawful for said surveyors, and they
are hereby enjoined and required to pave and support the same
— and recover \^ manner aforesaid, or to repair the same, and shall recover the

expense of own- , ri '^i ri-ci i

ers. wnoJe amount oi the expense thereoi, by action oi the case, to be

brought by the surveyors of highways before any court proper to

Provisos. try the same : provided, nevertheless, that whenever in the opin-

ion of the selectmen, any owner or owners of any lot on such
street, shall be unable to comply with the foregoing requisitions,
the said selectmen may direct the surveyors of highways to cause
such side-walk to be made at the expense of the town : provid-
ed, also, that when there are any vacant lots of land on any such
street, the surveyors of highways may, at their discretion, allow
the owner or owners thereof, to cover the side-walk with plank,
and support the same with timber, which shall be removed, and
the edge stone, and brick or flat stone pavement be completed,
whenever in the judgment of said surveyors, it shall become ne-
cessary.

Width of cano- Sect. 3. Be it further enacted. That no canopy, balcony,

&r' rtTtiuiat-d' po''t'CO) Or door-stcps, hereafter erected in any street, lane, or
alley, in the town of Charlestown, shall project into such street,
lane, or alley, more than one twelfth ))art of the width thereof,
and in no case more than three feet, and all cellar doors hereaf-
ter made or repaired, shall be built with upright cheeks, which
shall not project from the line of the house, into the street, lane,
or alley, more than nine inches, nor shall the platform of the
same rise above the level ofthe side-walk. And if any proprie-
tor, owner, or owners, shall erect any canopy, balcony, porti-
co, cellar-door, door-step, or other olDstruction, contrary to the
provisions of this act, and shall refuse or neglect to remove or
take down the same, within five days after having been directed
and required thereto, by any of the surveyors of highways, such

Fines. proprietors, owner, or owners shall forfeit and pay the sum of two

dollars for each and every day the same shall remain after the ex-
piration ofthe said five days.

Distribution of Sect. 4. Be it further enacted. That all forfeitures and fines

fi"®^- which may be recovered in pursuance of this act, shall go and be

distributed, one moiety thereof to the poor of the town of
Charlestown, and the other moiety to the surveyors of highways.
[June 12, 1824.]

1824. Chap. 17—19. 207

An Act to repeal the second section of an Act entitled "An Act for altering the dlvi- (^fidj)^ 17.

ding- line between the towns of iSoutli Hadlcy and Granby," and to establish the line i *

between said towns. ,„„, , ^

17fil ch. 5.

BE it enacted by the Seriate and House of Representatives^ m (v. i.p. 18.)
General Court assembled, and by the authority of the same, That
the second section of an act entitled " an act for altering the di-
viding line between the towns of South Hadley and Granby,"
passed on the twenty-eighth day of June, in the year of our Lord
one thousand seven hundred and eighty-one, be, and the same is
hereby repealed ; and that in future the dividing line between said Dividing line
towns shall be as follows, viz : beginning at a pine tree, now a established.
boundary between said towns, standing on Springfield line,
about half a mile west of Stoney brook, so called, thence run-
ning northwardly a direct course to the parting of the roads on
the north side of Bachelors' brook, near the sand banks, so
called, one of said roads leading to Amherst, and the other to
Granby ; and from thence to continue straight forward, the same
point of compass, to Hadley bounds. [June 12, 1824.]

An Act in addition to "An Act to incorporate the President, Directors and Company /^t„^ IQ
of the Eagle Bank." l^lUip. 1 O.

BE it enacted by the Senate and House of Representatives, in jo2i ^h. 91.
General Court assembled, and by the authority of the same. That
so much of the tenth section of the act incorporating the President,
Directors and Company of the Eagle Bank, as prohibits them
from paying or receiving any bill or note of any other bank, for
any less sum than the nominal value expressed in such bill or note,
be, and the same is hereby repealed. [June 12, 1824.] Add.
act, 1830 ch. 58.

An Act to incorporate the Christian Union Society in Haverhill. C^hflll IP

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same. That Thomas Plummer, Henry Plummer, Hiram persons incor-
Plummer, and Abel Nichols, and all others who may associate porated.
with them, and their successoi's, be, and they hereby are incor-
porated as a religious society, by the name of the Christian Un-
ion Society in the town of Haverhill, with all the privileges, privileges and
powers and immunities to which other religious societies in this powers.
Commonwealth are entitled by law.

Sect. 2. Be it further enacted. That the said society shall be Estate,
capable in law, to purchase, hold, and dispose of any estate, real
or personal, for the use of said society, provided the annual in-
come thereof shall not exceed, at any time, the value of one
thousand dollars.

Sect. 3. Be it further enacted. That any justice of the First Meeting,
peace for the county of Essex, be, and he hereby" is authorized
to issue his warrant to some member of said society, requiring him
to warn the members thereof to meet at such convenient time and
place, in said town, as shall be therein directed, to choose a mod-
erator, a clerk, a treasurer, and such other officers, committee or
committees as they shall deem needful. [June 12, 1824.]

208

1824.-

-Chap. 20—22.

Chap. 20.

1817 ch. 112.
Real estate.

Chap. 21,

Persons incor-
porated.

Powers and
privileges.

1808 ch. G5.

Real and per-
sonal estate.

Chap. 22.

1823 ch. 102.

e final to be an-
nexed to the
name of Green.

Board of trus-
tees for doing
business.

Greene valid as

heretofore

used.

An Act in addition to an Act, entitled "An Act to incorporate the Suffolk Insurance
Company."

BE it enacted by the Senate and House of Representatives ,
in General Court assembled^ and by the authority of the same.,
That the Suffolk Insurance Company, incorporated in the year
of our Lord, one thousand eight hundred and eighteen, be, and
is hereby authorized to have and hold real estate, (exclusive of
mortgages,) to the value of one hundred thousand dollars, any
thing in the act to which this is in addition to the contrary not-
withstanding. [June 12, 1824.] Add. act, 1836 ch. 149.

An Act to incorporate the Plymouth Cordage Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives., in General Court assembled^ and by the authority of
the same, That Bourne Spooner, William Lovering, Jr., John
Dodd, and John Russell, together with such others as may be
associated with them, and their successors, be, and they are here-
by made a corporation by the name of the Plymouth Cordage
Company, for the purpose of manufacturing cordage ; and for
that purpose shall have all the powers and privileges, and also be
subject to all the duties and requirements prescribed and contained
in an act passed the third day of March, in the year of our Lord
one thousand eight hundred and nine, entitled " an act defining
the general powers and duties of manufacturing companies
[corporations] ;" and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corpora-
tion may be lawfully seized and possessed of such real estate, not
exceeding the value of twenty thousand dollars, and such person-
al estate, not exceeding the value of sixty thousand dollars, as
may be necessary and convenient for carrying on the manufacture
of cordage. [June 12, 1824.]

An Act in addition to an Act, entitled "An Act to incorporate the Trustees of the
Green Foundation."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That an e final, be annexed to the name of Green, in
the style and title of said corporation, and also to said name
wherever it occurs in said act, so that the same may be read and
understood to be Greene.

Sect. 2. Be it further enacted. That not less than nine of
the trustees of said corporation shall constitute a board for doing
business, and the concurrence of at least two thirds of the trus-
tees present at any meeting, shall be requisite to every act and
proceeding whatever, except the adjournment of a meeting, for
which purpose a majority of any number present shall be suffi-
cient ; any thing in the act to which this is in addition to the
contrary notwithstanding.

Sect. 3. Be it further enacted, That all transactions of said
trustees, in which the name of Greene has been heretofore used
with a final e, shall be as valid in law as though the said name
had been spelt as in the act to which this is in addition. [June
12, 1824.]

1824. Chap. 24—25. 209

An Act to alter the name of the West Parish in West Newbury. ChcLT). 24.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the Parish in West Newbury, vvhicli was formerly known
and styled as the Third Parish in Newbury, shall hereafter be
known and styled the Second Parish in West Newbury, and
hold, possess and enjoy all the rights and privileges now to them Powers and lia-
belonging, together with all the powers incident to parishes, and
shall be subject to all the liabilities of parishes and precincts.
[June 12, 1824.]

An Act in addition to an Act, entitled an Act to establish a Fund for the support of (Jjldj), 25.
the Gospel Ministry in the South Parish in the town of Reading, in the county of Mid- "'

dlesex, and to appoint Trustees for the management thereof. iq9q u 4.^

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the parish shall have power at all times to re- l^emoval of

■ trustees

move any or all the trustees for inability, negligence or miscon-
duct in the performance of the duties of their office, and said
trustees shall always be elected from the members of said parish,
and whenever any trustee shall cease to be a member of said
parish, his office as trustee shall thereby become vacated, and
any vacancy so made, and all vacancies which shall happen in Vacancies, how
the board of trustees, may be filled by the parish, at a legal meet- ^"®'^*
ing for that purpose, and if the parish shall neglect to fill any va-
cancy or vacancies for the space of three months after the same
shall happen, the remaining trustees shall proceed to fill such va-
cancies immediately, in like manner.

Sect. 2. Be it further enacted. That the trustees of the Trustees may
ministerial fund are hereby vested with, and entided to receive andkmnihe'
all the property which has been vested in them by the parish on same,
the condition of the passing this act, to be managed agreeably to
the act incorporating said trustees, and this additional act thereto.
And said trustees are hereby empowered to loan money in sums
of two hundred dollars and under, by taking security of the prin-
cipal and two sufficient sureties, and not otherwise.

Sect. 3. Be it further enacted. That the said trustees shall Appropriation
I • • I 1 1 1 I 1 11 11 01 mcome.

pay to the mmister no more than three hundred dollars annually,

until the annual income amount to three hundred and fifty dollars,

and no more than three hundred and fifty dollars, until the annual

income shall amount to four hundred dollars, and no more than

four hundred dollars, until the annual income shall amount to four

hundred and fifty dollars ; and so on, in like manner, until the

annual income shall amount to two thousand dollars.

Sect. 4. Be it further enacted, That all parts of the act
to which this act is in addition, inconsistent with the provisions
of this act, be and the same are hereby repealed. [June 12,
1824.]

VOL. VI. 27

210

1824.-

•Chap. 26—27.

Chap. 26.

Persons incor-
porated.

Powers and
privileges.

An Act to establish the Boston Water Power Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Thomas Barilett, Horace Gray and Nathan Par-
ker, with their associates, successors and assigns, be and they
hereby are incorporated, under the name of the Boston Water
Power Company, and by that name may sue and be sued, have
a common seal, and make by-laws and regulations not inconsistent
with the constitution and laws of this Commonwealth, and may
purchase and hold any quantity of the water power created by the
establishment of the dams between Boston and Roxbury, or any
lands contiguous to said dams, or within the limits of the basins
connected therewith, or either of them, and may make flumes,
canals and race-ways, and may construct mill wheels, factories,
and other buildings and fixtures, at any convenient places within
the limits aforesaid, and may dispose of the same, by lease or

Proviso. otherwise : provided, however, that the said company shall not

make any such flume, canal or race-way, or construct any such
mill-wheel, factory, or other building or fixture, through or upon
the land belonging to any city, town, company or individual,
without the consent of such owner in writing, to be recorded in
the registry of deeds, in the county where the land may be : and

Proviso. provided, also, that nothing in this act shall be construed to ex-

tend the rights of the water power so to be purchased and held
under the provisions of this act, beyond the rights of water power
now possessed by the Boston and Roxbury Mill Corporation, by
virtue of the acts establishing the same, or to alter, or prejudice
the rights of the city of Boston, or of any of the adjacent towns,
as they now exist.

Sect. 2. Be it further enacted, That the said company
may hold real estate and water power, not exceeding the value of
three hundred thousand dollars, at the time of the purchase there-
of, and personal estate, not exceeding the value of one hundred

First meeting, thousand dollars. And the first meeting of said company may
be called by any one of the persons herein named, by public no-
tice, printed in any newspaper in the city of Boston, ten days at
least before the time appointed for such meeting. [June 12,
1824.]

27 An Act to authorize the members of the First Parish in Lynn to sell real estate, for the
purposes therein expressed.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Parish may sell the same. That the members of the First Parish in Lynn, when-
landstopay g^gj, |[^gy ^j^gj] (jgg.Q it necessary, may by such committee as

debts and repair , , ,, . i t • ;• i i j

meeting-house, they shall appomt, at a legal meetmg lor that purpose, be, and
they are hereby authorized and empowered, by and with the
consent of their minister for the time being, if any there be, to
sell and convey such part of said lands, or the whole if necessary,
as shall be sufficient to pay all the debts now due from said par-
ish, and for repairing their meeting-house, and to make and exe-

Real and per-
sonal estate.

Chap

1824. Chap. 27—28. 211

cute good and sufficient deed or deeds, to convey the same
according to law.

Sect. 2. Be it further enacted^ That if there should be a investment of
surplus of money, arising from such sale, over and above the ^"•"P"*-
payment of said debts and repairs, the said members may, by a
committee chosen for the purpose, at the annual meeting in the
month of March or April, vest the said surplus, and any other
property of said parish, in the most productive funds, the interest
of which shall be applied towards the support of the minister or
ministers in said parish. [June 12, 1824.]

An Act concerning- the regulation of the House of Correction in the city of Boston, (^ft/yn 2R
and concerning- the Ibrrn of actions commenced under the By-laws of said city, and ^''■'^J^' ■^^»
providing for filling vacancies in the Board of Aldermen.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That the city of Boston skall be entitled to the same RemedyofBos-
remedies in order to recover the expenses of supporting any poor f°"'°'' support-

. J- , 1 f • J r -J • 1 ' nig poor per-

person mamtamed in the house oi industry oi said city, that towns sons.
in this Commonwealth are entitled to for the recovery of the ex-
penses of persons, for whom support or relief is provided by
overseers of the poor, or under their direction.

Sect. 2. Be it further enacted, That the house of correc-
tion within the city of Boston, shall be the house of correction
for the county of Suffolk, and that the city council of said city
shall have power, from time to time, to appoint such a number Appointment of
of overseers of the house of correction in said city of Boston, not overseers of the
exceeding nine, as they shall deem expedient, who shall have, tion.
use and exercise all the powers and authority in regulating and
governing said house of correction, and the inhabitants thereof,
subject to the controul of the mayor and aldermen of the said
city, that are granted to overseers of houses of correction, in and
by an act, entitled "an act for suppressing and punishing of i787ch.54.
rogues, vagabonds, common beggars, and other idle and lewd
persons," passed on the twenty-sixth day of March, in the year
of our Lord one thousand seven hundred and eighty-eight, and
the several acts additional thereto ; and the said overseers so ap- Overseers may
pointed, or the major part thereof, shall, from time to time, make, make rules for
ordain and establish such rules and orders, not repugnant to the of^safdTouse!"'
constitution and laws of the Commonwealth, for the governing
and punishing of persons committed to the said house, as they
shall find needful and proper, which, within one month after they
shall have been made, sh;ill be submitted to the said city council,
and shall be in force until repealed by the said overseers, or until
disapproved of by the said city council, and the power of dis- Persons maybe
charging persons committed to the said house of correction, by fusHces^ofthe
the justices of the police court of said city, or by any justice of police court,
the peace for the county of Suffolk, before the expiration of their
term of commitment, upon the recommendation of the overseers
of said house, shall be and hereby is vested in any one or more
of the justices of the police court of said city.

Sect. 3. Be it further enacted, That the said city council

212

1824.-

■Chap. 28—29.

City council
may appoint
master of the
house of cor-
rection.

1816 eh. 44.

Prosecutions for
fines.

Form of com-
plaints.

Vacancies in
the board of al-
dermen, how
filled.

Chap. 29.

Conn. Riv.
bridge.
1796 ch. 24.
(v. 2. p. 94.)
1799 ch. 40.
(v. 2 p. ^44.)
1801 ch. 52.
(v. 2. p. 495.)
1803 ch. 18.
(v. 3. p. 214.)

shall have power, from time to time, to appoint a master of the
said house of correction, who shall be under the direction and
controul of the said overseers, and shall be compensated in such
manner as the said city council shall direct. And the said city
of Boston shall bear and defray all the expenses of the said house
of correction, and shall be entitled to the same remedies to re-
cover the charges of maintaining any person therein, that the
masters or overseers of the several houses of correction through-
out the Commonwealth, or that towns, or counties are now enti-
tled to by law.

Sect. 4. Be it further enacted^ That all fines, penalties and
forfeitures, accruing under a statute of this Commonwealth, pass-
ed the twentieth day of June, in the year of our Lord one thou-
sand eight hundred and sixteen, entitled "an act to empower the
town of Boston to choose a board of health, and to prescribe
their power and duty," or accruing under any rules, regulations,
by-laws or ordinances which have been, or hereafter shall be
passed, by the city council of the city of Boston, in relation to
the health of the said city, or of the inhabitants thereof, shall be
sued for, prosecuted and recovered by complaint or information
before the justices of the justices court for the county of Suffolk,
in the name of the " city of Boston," by any officer or person
authorized to institute the same, and in the manner prescribed in
tlie statute above mentioned, and such fines, penalties and forfeit-
ures, shall enure and be recovered for the use of the said city ;
and no person shall be disqualified from acting as a magistrate,
juror, or witness in any such suit or prosecution by reason of any
interest which he may have as an inhabitant of the said city, in
the sum or sums of money to be recovered thereby.

Sect. 5. Be it further enacted^ That in all prosecutions
by complaint before the police court for the city of Boston,
founded on the special acts of the Legislature, the by-laws of the
town of Boston, or the ordinances or by-laws of the city of Bos-
ton, it shall be sufficient to set forth in such complaint, the of-
fence fully and plainly, substantially and formally, and in such
complaint it shall not be necessary to set forth such special act,
by-law, ordinance, or any part thereof.

Sect. 6. Be it further enacted^ That in case of the death
or resignation of any member of the board of aldermen, the citi-
zens of Boston shall have power to fill such vacancy at any regu-
lar meeting that mav thereafter be convened for that purpose.
[June 12, 1824.]

An Act increasing the rates of toll, at the Connecticut River Bridge, the Northampton

Bridge, and the Sunderland Bridge.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That the Proprietors of the Connecticut River
Bridge, the Proprietors of the Northampton Bridge, and the
Proprietors of the Sunderland Bridge, be, and they hereby are
authorized, from and after the passing of this act, to demand and
receive at the several bridges aforesaid, (instead of the toll here-

1824. Chap. 29—30. 215

tofore granted,) according to the following rates of toll, viz : for isiSch. ui.
each foot passenger, three cents ; for each horse and rider, eight [^^"5^''^""^'°°
cents ; for each horse and chaise, chair or sulkey, twenty cents ; for I802 cii. 99.
each coach, chariot, phaeton, or other four wheeled carriage for ^^^^ 'b^d"'^
passengers, fifty cents ; for each curricle, thirty-three cents ; for I8II ch.38: 122,
each sleigh drawn by one horse, ten cents ; by more than one ^ ^ ^^ ..
horse, sixteen cents ; for each cart, sled, or other carriage of bur-
den, drawn by one beast, twelve and a half cents ; if drawn by
two beasts, twenty cents, and if drawn by more than two beasts,
twenty-five cents ; for each horse without a rider, and for neat
cattle each three cents ; for sheep and swine each one cent.

Sect. 2. Be it further enacted, That the Legislature of Legislature
this Commonwealth shall always hereafter have the right of reg- '"^^ regulate
ulating, reducing, and abolishing the tolls hereby granted. [June
12, 1824.] Add. act, relating to Sunderland bridge, 1832 ch.
100.

An Act to change the names of the persons therein mentioned. f^hfl'T) '^0

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That from and after the passing of this act, the several persons Names
herein named shall be called and known by the names which by changed,
this act they are respectively allowed to assume, viz : William Suffolk.
Andrews, of Boston, merchant, may take the name of William
Stutson Andrews ; that Joseph Bradford, of Boston, merchant,
may take the name of Joseph Nash Bradford ; that Joseph Haydn
Von Hagen, a minor, may take the name of Joseph Adams Bal-
lard ; that Joanette Catharine Elizabeth Von Hagen, a minor,
may take the name of Joanette Catharine Elizabeth Ballard ; that
Robert Dyer, printer, may take the name of Robert Spencer
Dyer ; that John Haskell, machinist, may take the name of John
Augustus Haskell ; that Benjamin Holmes, the third, a minor,
may take the name of Benjamin Salter Holmes ; that Chloe Lin-
coln, mantua-maker, may take the name of Martha Ann C. Lin-
coln ; that Nancy Lovejoy, mantua-maker, may take the name of
Ann Frances Lovejoy ; that William S. Newman, cordwainer,
make take the name of William Homer Newman ; that David
Murphy Rupp, a minor, may take the name of David Collson
Mosely Rupp ; that Matilda Sleeper, may take the name of Ma-
tilda Ormond Montgomery ; that John Smith, may take the name
of John Henry Smith ; that James Sr^ott Thorndike, may take
the name of James Franklin Thorndike ; that Edward Tucker-
man, the second, may take the name of Francis Edward Tuck-
erman ; that Woodis Lee Wheeler, trader, may take the name
of Woodhouse Lee Wheeler ; that Thomas Herrick Water-
man, may take the name of Thomas Waterman Herrick ; that
Thomas Frederick Palmer, may take the name of Thomas Fred-
erick Temple Palmer ; that William James Palmer, may take
the name of William Bowdoin Palmer ; all of Boston, in the
county of Suffolk. And that John Clark Fillis, a minor, of Sa- Essex,
lem, may take the name of John L. Clark ; that Luther Britton,

214

1824.-

■Chap. 30—31.

Middlesex.

Worcester.

of Salem, cordvvainer, may take the name of Luther Reed ; that
Aaron Field, of Lynn, may take the name of Aaron Cliauncey
Clark Field ; that Equality Weston, of Lynn, may take the name
of John Equality Weston ; that Thomas Lambert, Jun., of Row-
ley, may take the name of Thomas Merrill Lambert ; that Eliz-
abeth Ann Tyler, of Newburyport, may take the name of Sarah
Elizabeth Tyler, — all of the county of Essex ; that Amos Baker,
Jun., of Lincoln, may take the name of Amos Prescott Baker ;
that Luther Fish, of Sudbury, may take the name of Luther
Richardson ; that Mary G. Tarbox, of Charlestovvn, may take
the name of Mary G. Thorndike ; that Alexander White Mc-
Quillin, of East Sudbury, may take the name of Alexander
White, — all of the county of Middlesex ; that William Marble,
the second, of Charlton, may take the name of William Proctor
Marble ; that Otis McLane, of the town of Worcester, husband-
man, may take the name of Otis David Lane ; that Haliburton
McLane, son of said Otis McLane, may take the name of Hal-
iburton Lane ; that Joseph Jennings McLane, son of said Otis
McLane, may take the name of Joseph Jennings Lane ; that Caleb
Henry Mellen Prentiss, of Leominster, may take the name of Ca-
leb M. Prentiss ; that Cornelius Rix, of Harvard, may take the
name of Eleazer Rix ; that Cephas AVhitcomb, of Bolton, may take
the name of James Bedingfield Whiicomb, — all of the county of
Worcester ; that Warham Crooks, of Springfield, in the county
of Hampden, may take the name of James Warham Crooks ;
that Luther Frink, of Greenwich, may take the name of William
Field ; that Samuel Partridge, third, of Hatfield, may take the
name of Samuel D wight Partridge, — both of the county of
Hampshire ; that Joseph Atkins Montenari, of Plymouth, mar-
iner, may take the name of Joseph Atkins. And the several per-
sons herein named, shall hereafter be called and known by the
names which by this act, they are respectively allowed to assume
as aforesaid ; and the same shall be considered as their only
proper and legal names. [June 12, 1824.]

/^l "^1 ^'^ ^^^ '" '"^'^'''°" '° '"' -^<^'j eiUilled "An Act to incorporate the Commonwealth In-

(^fl(ip- Ol, surance Company."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That the stockholders of said company may, at any
meeting of said company to be hereafter called at any such time
and place as a majority of the present directors shall appoint,
choose thirteen additional directors, who shall be stockholders of
said company, and citizens of this Commonwealth, and who shall
hold their offices till the expiration of one vear from the lime that
the first twelve directors were chosen, and until others are cho-
sen in their room, who shall possess sinnlar powers and perform
similar duties with the twelve directors first chosen.

Sect. 2. Be it further enacted, That the stockholders of
said company, at their annual meetings hereafter to be holden for
the choice of directors, shall choose twenty-five directors, one
of whom shall be president thereof, and said twenty-five directors

Hampden.
Hampshire.

Plymouth.

1823. ch. 131.*

[ * This ch. is
numbered by
mistake, in the
pamph. ed.
130.]

Choice of addi-
tional directors.

Twenty-five di
rectors to be an
nuEilly chosen.

1824. Chap. 31—34. 216

shall possess ihe powers and perform the duties of liie twelve di-
rectors mentioned in the act of incorporation, and shall be elected
in the same manner. [June 12, 1824.]

An Act establishing ilie First Universallst Society in the town of ITardwick. Chnn 'V^

BE it enacted by the Senate and House of Representatives^ in ^ '

General Court assembled^ and by the authority of the same,
That Daniel Ruggles, Constant Ruggles, Ezra Ruggles, Samuel Persons incor-
Weston, Ira Ruggles, Samuel Granger, Gardner Ruggles, An- P^f^^ed.
son Ruggles, Franklin Ruggles, Creighton Ruggles, Moses Man-
dell, Ebenezer Cobb, Simeon Crosby, Daniel B. Hinkley, Na-
than Perry, James Sturtevant, William P. Jordan, Seth Hink-
ley, Stephen W. Paige, Ebenezer Perry, and Noah Beach, with
their families and estates, together with such others as may here-
after join with them, be, and they hereby are incorporated into a
religious society, by the name of the First Universalist Society in
Hardwick, with all the powers and privileges, and subject to all Powers and
the liabilities which other parishes and Teligious societies are en- privileges.
tided and liable to by the constitution and laws of this Common-
wealth. [June 12, 1824.]

An Act in addition to an Act entitled "An Act to incorporate Isaac Story and others, f^}ifir> '^'-\
by the name of the Marbleliead Social Insurance Company." KyllLlJJ. kJO.

BE it enacted by the Senate and Bouse of Representatives , isooch. 14.
in General Court assembled, and by the authority of the same, ]ol?^f'il^'
That the further time of five years from and after die seventeenth isiSch. 8.'
day of July next, be allowed to the Stockholders of the Marble- J^j^ ''||- ^4.
head Social Insurance Con)pany, to pay in the residue of tite cap-
ital stock of said company, amounting to fifty dollars on each Further time ai-

I J '^ V , lowed for psy-

share, and being the last moiety of their instalments of the sum of ing in capital
one hundred thousand dollars, the capital stock of said company, ^*°*^''-
and that the said residue shall be paid in such proportions, and at
such periods within the time mentioned, as the directors of said
company for the time being shall order and appoint, any thing in
the act to which this is in addition, or in the act of incorporation,
to the contrary notwithstanding : provided, however, that nothing Proviso.
in this act shall be construed to exonerate or discharge the es-
tates of the stockholders of said company from being liable in the
same manner, and for the same purposes mentioned in said act,
to which this is in addition. [June 12, 1824.]

An Act to incorporate the Oriental Insurance Company in Salem. C^hflTt S4.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of the
same, That William Fettyplace, John Andrew, Henry Prince, Persons incor-
Jr., Richard S. Rogers, John B. Osgood, Tucker Deland, P"*"^'^
William Proctor, Franklin H. Storey and Joseph Ropes, with
their associates, successors and assigns, be, and hereby are in-
corporated into a company and body politic, by the name of the
Oriental Insurance Company in Salem, with all the powers and Powers and
privileges granted to insurance companies, and subject to all the P^^'^g^^-
restrictions, duties and obligations contained in a law of this

216

1824.-

-Chap. 34.

1817 ch. 120.

1819 ch. 141.

Real estate.

Capital stock.

Shares.
Instalments.

Directors.

Time of their
election.

Voles.

Commonwealth, entitled " an act to define the powers, duties
and restrictions of insurance companies," passed on the sixteenth
day of February, in the year of our Lord one thousand eight
hundred and eighteen, and in a law of this Cominonweakh, enti-
tled "an act authorizing the several insurance companies in this
Commonwealth to insure against fire," j)assed on the twenty-first
day of February, in the year of our Lord one thousand eight
hundred and twenty, for and during the term of twenty years af-
ter the passing of this act : and by that name may sue and be
sued, plead and be impleaded, appear, prosecute and defend to
final judgment and execution ; and may have a common seal,
which they may alter at pleasure ; and may purchase, hold and
convey any estate, real or personal, for the use of said cotnpany :
provided^ the said real estate shall not exceed the value of twenty
thousand dollars, excepting such as may be taken for debt, or
held as collateral security for money due to said company.

Sect. 2. Be it further enacted, That the capital stock of
said company, exclusive of premium notes and profits arising from
business, shall not be less than one hundred and fifty thousand
dollars, nor more than two hundred thousand dollars ; and shall
be divided into shares of one hundred dollars each, fifty per cent,
of which shall be paid in money, by each and every subscriber,
on the amount of his subscription, within thirty days after public
notice given by the president and directors, chosen by the stock-
holders, in two newspapers printed in the town of Salem, and
the residue shall be secured by a deposit of stock of the United
States, or of this Commonwealth, or of some bank within this
Commonwealth, or such other security, as may be approved by
three fourths of the directors, and to be paid in such sum or sums,
at such time or times, and under such penalties, as the said pres-
ident and directors shall in their discretion direct and appoint.

Sfxt. 3. Be it further enacted, That the stock, property,
afi'airs and concerns of the said company, shall be managed and
conducted by nine directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until others
are chosen, and no longer, and who shall, at the time of their
election, be stockholders in said company, and citizens of this
Commonwealth, and shall be elected on the second Monday of
April, in each and every year, and at such time of the day, and
in such place in the town of Salem, as a majority of the directors
for the time being shall appoint ; of which election public notice
shall be given by publication in some newspaper printed in Salem,
ten days at least previous to such meeting ; and the election shall
be made by ballot, by a majority of the votes of the stockholders
present, allowing one vote to each share in the capital stock :
provided, that no stockholder shall be allowed more than ten
votes ; and absent stockholders may vote by proxy, under such
regulations as the said company shall prescribe ; and if through
any unavoidable accident, the said directors should not be chosen
on the second Monday of April, as aforesaid, it shall be lawful
to choose them on any other day in the manner herein provided.

1824. Chap. 34. 217

And it shall be the duty of the secretary of said company, at any Secretary shall
time, upon application in writing of the proprietors of twenty per H appUcaifon'''
centum of the capital stock, to call a meeting of the stockholders, of stockholders.
to be holden at such time and place in the town of Salem, as
they shall direct, for the purposes mentioned in such application,
by giving like notice thereof as is herein required for the election
of directors.

Sect. 4. Be it further enacted, That the directors when Choice of prcsi-
chosen shall meet as soon as may be after every election, and
shall choose out of their body one person to be president, who
shall be sworn or affirmed to the faithful discharge of the duties
of his office, and who shall preside for one year ; and in case of Vacancies to be
death, resignation, or inability to serve, of the president, or any
director, such vacancy or vacancies shall be filled for the remain-
der of the year in which they happen, by a special election for
that purpose, to be notified and held in the same manner as here-
in before directed, respecting annual elections of directors.

Sect. 5. Be it further enacted, That the president and Board of direc-

tors.

four of the directors, or five of them in his absence, shall be a
board competent to the transaction of business, and all questions
before them shall be decided by a majority of votes, and they
shall have power to make and prescribe such by-laws, rules By-laws,
and regulations as to them shall appear needful and proper,
touching the management and disposition of the stock, property,
estate and effects of said company, and the transfer of the shares,
and touching the duties and conduct of the several officers, clerks
and servants employed, and the election of directors, and all such
matters as appertain to the business of insurance ; also, shall
have power to appoint a secretary, and so many clerks and ser-
vants for the carrying on the said business, and with such salaries
and allowances to them and to the president, as to the said board
shall seem meet : provided, such by-laws and regulations shall not Proviso,
be repugnant to the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted, That any two or more of First Meeting,
the persons named in this act, are hereby authorized to call a
meeting of the said company, by advertising the same in some
newspaper printed in Salem, in two successive papers, for the
purpose of electing their first board of directors, who shall remain
in office until the second Monday in April, in the year of our
Lord one thousand eight hundred and twenty-five, and until others
shall be elected in their stead : provided, however, that this charter Conditions of
shall be void and of no effect, unless put into operation agreeably
to the terms of it within one year from and after the passing of
this act : and provided, also, that the said company shall not take
any risk or subscribe any policy by virtue of this act, until one
moiety of the capital stock of said company shall have actually
been paid in.

Sect. 7. Be it further enacted, That the said company shall Limitation of
never take on any one risk, or loan on respondentia, or bottomry "*''''■
on any one bottom, at any one time, including the sum insured,
in any other way on the same bottom, a sum exceeding ten per

VOL. vr. 28

218

1824.-

-Chap. 34—36.

Location.

Liability to tax-
ation.

Chaj). Sb.

Persons incor-
porated.

Powers and
privileges.

1808 ch. 65.

Real and per-
sonal estate.

[*Increased
1828 ch. 42.]

Chap. SQ.

Persons incor-
porated.

Privileges and
restrictions.

1811 ch. 84.

Proviso.

Capital stock.

centum on the capital stock, of said company, actually paid in
agreeably to the provisions of this act.

Sect. 8. Be it further enacted^ That the said insurance
company shall be located and kept in the town of Salem.

Sect. 9. Be it further enacted^ That the said Oriental In-
surance Company shall be liable to be taxed by a general law
providing for the taxation of all similar corporations. [June 12,
1824.]

An Act to incorporate the Boston and Canton Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled^ and by the authority of
the same, That William Hill, Darius B. Holbrook and Charles
P. Dexter, together with such other persons as may become as-
sociates with them, their successors and assigns, be and they
hereby are made a corporation, by the name of the Boston and
Canton Manufacturing Company, for the purpose of manufactur-
ing cotton and wool in the town of Canton, in the county of Nor-
folk, and for that purpose shall have all the powers and privileges,
and be subject to all the duties and requirements contained in an
act passed on the third day of March, in the year of our Lord
eighteen hundred and nine, entitled "an act defining the general
powers and duties of manufacturing corporations."

Sect. 2. Be it further enacted, That the said corporation
may hold and possess such real estate, not exceeding in value the
sum of one hundred thousand dollars, and such personal estate,
not exceeding in value the sum of two hundred thousand dollars,*
as may be necessary and convenient for carrying on the manu-
facture of cotton and wool in the said town of Canton. [June
12, 1824.] Add. act, 1828 ch. 42.

An Act to incorporate the President, Directors and Company of the Globe Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Ebenezer Rollins, Enoch Silsby, Samuel C.
Gray, their associates, successors and assigns, shall be, and here-
by are created a corporation, by the name of the President,
Directors and Company of the Globe Bank, and shall so continue
from the first day of July, one thousand eight hundred and twenty-
four, until the first JMonday of October, which will be in the year
of our Lord one thousand eight hundred and thirty-one ; and the
said corporation shall always be subject to the rules, restrictions,
limitations, taxes and provisions, and be entitled to the same
rights, privileges and immunities, which are contained in an act,
entitled "an act to incorporate the President, Directors and
Company of the State Bank," except in so far as the same are
modified or altered by this act, as fully and effectually as if the
several sections of said act were herein specially recited and en-
acted : provided, hoicever, that the amount of bills issued from
said bank at any one time, shall not exceed fifty per centimi be-
yond the amount of the capital stock actually paid in.

Sect. 2. Be it further enacted, That the capital stock of

1824. Chap. 36. 219

said corporation shall consist of the sum of five hundred thousand [increased
dollars, with liberty at any time to increase the same to seven i826ch.96.]
hundred and fifty thousand dollars, in gold and silver, to be, be-
sides such part as this Commonwealth may subscribe in manner
herein after mentioned, divided into shares of one hundred dol-
lars each, which shall be paid in manner following, that is to say, instaimenis.
one fourth part thereof on or before the first day of November
next, one fourth part thereof on or before the first day of January
next, one fourth part thereof on or before the first day of April
next, and the residue thereof on or before the first day of June
next, and no dividend shall be declared on the capital stock of
said bank, until the whole of said stock shall have been paid in,
conformably to the provisions of this act ; and the stockholders. Transferor
at their first meeting, shall, by a majority of votes, determine the *'°*^ '
mode of transferring and disposing of said stock and the profits
thereof, which, being entered in the books of said corporation,
shall be binding on the stockholders, their successors and assigns,
until they shall otherwise determine. And the said corporation Real estate.
are hereby made capable in law to have, hold, purchase, receive,
possess, enjoy and retain to them, their successors and assigns,
lands, tenements and hereditaments, to the amount of fifty thou-
sand dollars, and no more, at any one time, with power to bargain,
sell, dispose and convey the same by deed under the seal of said
corporation, and signed by the president or two of the directors,
and to loan and negotiate their monies and effects, by discounting
on banking principles, on such security as they may think ad-
visable : provided, hoicever, that nothing herein contained shall Proviso,
restrain or prevent said corporation from taking and holding real
estate in mortgage or on execution, to any amount, as security
for, or in payment of any debts due to the said corporation :
and provided, further, that no monies shall be loaned, or dis- No loans shall
counts made, nor shall any bills or promissory notes be issued be made before

. ' J 1 -L 1 J 11 ... an examination

irom said bank, until the capital subscribed, and actually paid in, and return of
and existing in gold and silver in their vaults, shall amount to one 'he capital by
hundred and twenty-five thousand dollars ; nor until said capital
stock actually in said vaults shall have been inspected and exam-
ined by three commissioners to be appointed by the governor for
that purpose, whose duty it shall be, at the expense of the cor-
poration, to examine the monies actually existing in said vaults,
and to ascertain by the oath of the directors of said bank, or a
majority of them, that said capital stock hath been bona fide paid
in by the stockholders of said bank, and towards the payment of
their respective shares, and not for any other purpose ; and that
it is intended there to remain as a part of said capital, and to
return a certificate thereof to the governor. And no stockholder
shall be allowed to borrow money at said bank, until he shall have
paid in his proportion of the said capital stock, as herein before
provided and required.

Sect. 3. Be it further enacted, That whenever the Legis- Loans to the
lature shall require it, the said corporation shall loan to the Com- wealth. ""
monwealth any sum of money which shall be required, not

220

1824.-

-Chap. 36.

Proviso.

First meeting.

By-laws.

Commonwealth
may subscribe
to the capital
stock.

Legislature
may appoint
directors.

Tax.

Cashier shall
give bond.

Shall pay origi-
nal amount of
bills counter-
feited.

exceeding ten per centum of the capital stock actually paid in at
any time, reimbursable by five annual instalments, or any shorter
time, at the election of the Commonwealth, with annual pay-
ment of interest, at a rate not exceeding five per centum per
annum : provided, however, that the Commonwealth shall never
stand indebted to said corporation without their consent for a
larger sum than twenty per centum of their capital paid in.

Sect. 4. Be it further enacted, That the persons herein
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as they may see fit to
appoint, by advertising the same in any two of the newspapers
printed in Boston, for the purpose of making, ordaining and es-
tablishing such by-laws and regulations for the orderly conducting
the afi'airs of said corporation, as the stockholders shall deem
necessary, and the choice of the first board of directors and such
other officers as they shall see fit to choose.

Sect. 5. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall make provision
therefor by law, to subscribe on account of the Commonwealth,
a sum not exceeding two hundred and fifty thousand dollars, to
be added to the capital stock of said corporation, subject to such
rules, regulations and provisions, as to the management thereof,
as shall be by the Legislature made and established.

Sect. 6. Be it further enacted. That whenever the Com-
monweahh shall subscribe to the capital stock of said corporation
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a right from time to time to appoint a number of directors
to said bank, in proportion as the sum paid from the treasury of
the Commonwealth shall be to the whole amount of stock actually
paid into said bank, if at any time hereafter they shall see fit to
exercise that right.

Sect. 7. ^e it further enacted, That the said corporation,
from and after the first day of October next, shall pay by way of
tax to the treasurer of this Commonweahh, for the use of the
same, within ten days after the first Monday of October and April,
annually, the half of one per centum on the amount of stock which
shall have been actually paid in.

Sect. 8. Be it further enacted. That the cashier, before he
enters upon the duties of his office, shall give bond with sureties
to the satisfaction of the board of directors in a sum not less than
fifty thousand dollars, with conditions for the faithful discharge of
his office.

Sect. 9. Be it further enacted, That the said corporation
shall be liable to pay any bona fide holder the original amount
of any note of said bank, counterfeited or altered in the course of
its circulation to a larger amount, notwithstanding such alteration ;
and that the said corporation shall not at any place whatever, di-
rectly or indirectly, purchase, receive, pay or exchange any bill

1824. Chap. 36—38. 221

or note of said bank, for any less sum than the nominal value
expressed in such bill or note.

Sect. 10. Be it further enacted, That in case this act shall
not be put into operation according to the provisions thereof, with-
in one year from the time of passing the same, then it shall be-
come void. And that the said bank shall be established and kept Location.
in Boston. [June 12, 1824.] Add. acts, 1826 ch. 96 : 1830
oh. 58.

An Act to incorporate the First Universalist Society in Haverhill. f^hrfn ^1

Sect. 1. ^jE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Thomas Meady, Thomas Runnells, Asaph Persons incor-
Kendall and Caleb Woodward, and all others who may associate P^^^'^'i-
with them, and their successors, be, and they are hereby incor-
porated as a religious society, by the name of the First Univer-
salist society in the town of Haverhill, with all the privileges, Powers and
powers and immunities to which other religious societies in this privileges.
Commonwealth are entitled by law.

Sect. 2. Be it further enacted, That the said society shall i^eai andper-
be capable in law to purchase, hold and dispose of any estate, ^°"^
real or personal, for the use of said society: provided, the annual
income thereof shall not exceed, at any time, the value of one
thousand dollars.

Sect. 3. Be it further enacted, That any justice of the First meeting.
peace for the county of Essex, be, and he hereby is authorized
to issue his warrant to some member of said society, requiring
him to warn the members thereof to meet at such convenient
time and place in said town, as shall be therein directed, to choose
a moderator, a clerk, a treasurer, and such other officers, com-
mittee or committees, as they shall deem needful. [June 12,
1824.]

An Act to incorporate the Danvers Cotton Factory Corporation. f^hnrt '^f?

Sect, 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority/ of
the same. That Rufus Davenport, his associates, successors, and Persons incor-
assigns, be, and they hereby are made a corporation, by the name po»'ated.
of the Danvers Cotton Factory Corporation, for the purpose of
manufacturing cotton, and other materials in the town of Dan-
vers ; and for this purpose, shall have all the powers and privi-
leges, and be subject to all the duties and requirements contained
in the act entitled " an act defining the general powers and duties isosch. 65.
of manufacturing corporations," and also the several acts supple-
mentary thereto, or that may hereafter be passed in addition to
the same.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may be lawfully seized and possessed of such real estate, not ex- ^°"*' estate,
ceeding the value of fifty thousand dollars, and such personal es-
tate, not exceeding one hundred thousand dollars, as may be
necessary and convenient for carrying on the manufacturing afore-
said. [June 12, 1824.]

222

1824.-

■Chap. 39—40.

Ch(tt)> 39. ^" ^^^ '° 'change the name of the Parish or Precinct called the East Parish or Pre-
* * ' cinct of'Brldgewater.

BE it enacted by the Senate and House of Representatives,
in General Court assembled^ and by the authority of the same,
That the parish heretofore known and called by the name of the
East Parish or Precinct of Bridgewater, in the county of Plymouth,
shall no longer bear that name, but henceforth shall be called and
known by the name of the P^irst Parish in East Bridgewater, and
all officers of said parish sliall hold and exercise their respective
offices in the same manner as they would have done had not the
name of said parish been changed. [June 12, 1824.]

Name
changed.

Chap. 40.

Persons incor-
porated.

Privileges andj
restrictions.

1811 ch. 82and
86.

Capital stock.

[Stock increas-
ed 1825 ch.l68.]

Instalments.

Transfer of
stock.

Real estate.

An Act to incorporate the President, Directors, and Company of the Asiatic Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Robert Stone, John B. Osgood, Richard S.
Rogers, William Fettyplace, and their associates, successors,
and assigns, shall be, and hereby are created a corporation, by
the name of the President, Directors, and Company of the iVsiat-
ic Bank, and shall so continue until the first Monday in October,
which will be in the year of our Lord one thousand eight hun-
dred and thirty-one, and the said corporation shall always be
subject to the rules, restrictions, limitations, taxes, and provis-
ions ; and be entitled to the same rights, privileges, and immuni-
ties, which are contained in an act entitled "an act to incorpo-
rate the President, ])irectors, and Company of the Merchants'
bank," a bank established and kept in the town of Salem, except
as the same are so far modified or altered by this act, as fully and
effectually as if the several sections of said act were herein spe-
cially recited and enacted.

Sect. 2. Be it further enacted. That the capital stock of
the said corporation shall consist of the sum of two hundred
thousand dollars, divided into shares of one hundred dollars
each, twenty-five per centum of which shall be paid in gold
and silver, in ninety days after the first meeting of the said cor-
poration, and the residue in three instalments of fifty thousand
dollars each ; the first in six months, the second in nine months,
and the third in one year after said first meeting, or at such ear-
lier time or times, as the stockholders may direct at said meeting,
and no dividend shall be made or declared on the capital stock
of said bank, until the whole of said capital stock shall have been
paid in, conformably to the provisions of this act. And the stock-
holders, at their first meeting, shall, by a majority of votes, deter-
mine the mode of transferring and disposing of the said stock,
and the profits thereof, which being entered in the books of the
said corporation, shall be binding on the stockholders, their suc-
cessors and assigns, until they shall otherwise determine. And
the said corporation are hereby made capable in law, to have,
hold, purchase, receive, possess, enjoy, and retain to them, their
successors and assigns, lands, tenements, and hereditaments,
to the amount of twenty thousand dollars, and no more at any

1824. Chap. 40. 223

one time, with power to bargain, sell, and dispose of the same, and
to loan and negotiate their monies and effects, by discounting
on banking principles, on such security as they shall think advisa-
ble : provided^ however, that nothing herein contained shall restrain Proviso,
or prevent said corporation from taking and holding real estate on
mortgage or execution, to any amount as security for, or in pay-
ment of any debts due to the said corporation : and provided,
further, that no monies shall be loaned or discounts made, nor
shall any bills or promissory notes be issued from said bank, until
the capital subscribed and actually paid in, and existing in gold
and silver in their vaults, shall amount to one hundred thousand
dollars ; nor until said capital stock actually in said vaults shall
have been inspected and examined by three commissioners, to be Examination
appointed by the Governor for that purpose, whose duty it shall pg'^jf^j^j'"'^" ^^
be, at the expense of the corporation, to examine the monies ac-
tually existing in the vaults, and to ascertain by the oath of
the directors, or a majority of them, that said capital stock has
been bona jide paid in by the stockholders of said bank, and to-
wards payment of their respective shares, and not for any other
purpose ; and that it is intended to remain therein as part of
said capital, and to return a certificate thereof to the Governor.

Sect. 3. Jlnd he it further enacted. That the said bank Location.
shall be established and kept in the town of Salem.

Sect. 4. Be it further enacted. That whenever the Legisla- Loans to the
ture shall require it, the said corporation shall loan to the Common- „.e^[h?"'
wealth any sum of money which may be required, not exceeding
ten per centum of the capital stock then paid in, at any one time,
reimbursable by five annual instalments, or at any shorter period, at
the election of the Commonwealth, with the annual payment of in-
terest, not exceeding five per centum per annum : provided, hoiv- Proviso.
ever, that the Commonwealth shall never stand indebted to such
corporation without their consent for a larger sum than twenty per
centum of their capital then paid in.

Sect. 5. Be it further enacted, That Robert Stone, John First meeting.
B. Osgood, Richard S. Rogers, William Fettyplace, or any two
of them, are authorized to call a meeting of the members and
stockholders of said corporation, at such time and place, as they
may see fit to appoint, by advertising the same in the Essex Regis-
ter, printed in Salem, for the purpose of making, ordaining and es- By-laws,
tablishing such by-laws and regulations for the orderly conduct-
ing the affairs of the said corporation, as the stockholders shall
deem necessary, and for the choice of a board of directors, to
consist of nine persons, and such other officers as they shall see
fit to choose.

Sect. 6. Be it further enacted. That the Commonwealth Common-
shall have a right, whenever the Legislature shall make provision weaithmaysub-

^urii 1 -I CI/-, ^ ,, scribe to capital

tnerelor by law, to subscribe, on account of the Commonwealth, stock.
a sum not exceeding one half part of the stock actually paid in,
to be added to the capital stock of said corporation, subject to such
rules, as to the management thereof as shall be by the Legisla-
ture made and established.

224

1824..

-Chap. 40—41.

To pay original
amount of al-
tered bills.

Sect. 7. Be itfurther enacted^ That in case the said bank
shall not be put into operation, according to the provisions of the
charter, within one year from the passing of this act, then the
same shall be void.

Sect. 8. Be it further enacted, That the said corporation
shall be hable to pay any bona fide holder, the original amount
of any note of said bank, counterfeited or altered in the course
of its circulation to a larger amount, notwithstanding such altera-
tion. [June 12, 1824.] Add. acts, 1825 ch. 168: 1826 ch.
69 : 1827 ch. 24 : 1829 ch. 75 : 1830 ch. 58.

Chap. 41,

Persons incor-
porated.

Powers and
privileges.

Real and per-
sonal estate.

Officers and
by-laws.

Proviso.

Who may vote

An Act for the incorporation of the Proprietors of the Independent Congregational
Church in Barton Square, in Salem.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Stephen Phillips, Ezekiel Hersey Derby, Wil-
lard Peele, Nathaniel West, George Nichols, Samuel Mansfield,
Stephen C. Phillips, Jabez Smith, Arad Pomroy, Joseph Ropes,
Benjamin Dodge, David Pulsifer, Joseph Pulsifer, Abel Her-
sey, Samuel Hodges, William Fettyplace, Franklin H. Story,
Stephen White, George Cleaveland, .Jonathan Hodges, Nathan-
iel West, Jr., John Derby, William Stearns, John D. Tread-
well, George S. Johonnot, Tchabod Nichols, Charles Saunders,
John Nichols, and William Peele, and all other persons who now
are or hereafter may become proprietors of and in the Independent
Congregational Church in Salem, in the county of Essex, of
which the Reverend Henry Colman is the elected pastor, their
successors and assigns, shall be, and hereby are created and es-
tablished, as a religious society and body corporate and politic,
by the name of the Proprietors of the Independent Congregation-
al Church in Barton Square, in Salem, and by that name may sue
and be sued, plead and be impleaded, and possess and enjoy all
the privileges, powers, and immunities, to which parishes, and other
religious societies are, by the constitution and laws of this Common-
wealth, entitled ; and shall have authority to take, hold, and pos-
sess, by gift, grant, devise, or otherwise, any real or personal es-
tate, for the purpose of supporting public worship, and other
religious, parochial, and charitable purposes, not exceeding the
annual income of five thousand dollars, and shall also have author-
ity to choose and appoint all such officers, and make all such by-
laws and regulations as may seem to them expedient or conven-
ient, for the due government of the said society, and the manage-
ment of their funds, and other parochial concerns : provided, such
by-laws and regulations shall be in no wise contrary to the consti-
tution and laws of this Commonwealth ; and all meetings of the
said society shall be called and warned in such manner as the
by-laws and regulations thereof shall provide.

Sect. 2. Beit further enacted, That at all meetings of the
said society, the proprietor or proprietors of the pews, and no
other persons, shall be entitled to vote, allowing one vote for ev-
ery pew ; but the society may, nevertheless, by their by-laws and

1824. Chap. 41. 226

regulations, provide for the admission of the occupant or occu-
pants of any pew to vote in the choice of any minister hereafter
to be settled over the said society.

Sect. 3. Be it further enacted, That the said society shall Tax on pews,
have full power and authority, at any meeting duly called for
that purpose, to assess on the pews in the said church, all such
taxes as may be necessary or proper for the maintenance of pub-
lic worship, and the repairs and preservation of the said church,
and for all other parochial charges and expenses, according to the
relative value of the said pews, as the same are now paid ; and
the taxes so assessed shall be a lien on the same pews respective-
ly ; and in case of the non-payment of the tax, or taxes so as- Pews, forfeited
sessed, for the space of two successive years after the same shall ^°'^ "on-pay-
be so assessed, the pew or pews respectively, on which the same may be sold.'
shall be assessed, shall be forfeited to the said society, and may
be sold at public auction, in such manner as the said society shall,
by their by-laws and regulations, provide ; and the net proceeds
of said sale, after deducting the amount of all taxes due thereon,
and the charges of sale, shall be paid over to the proprietor of
the pew so sold, or to his assigns ; and the society shall have full
authority to convey [it] to the purchaser of any pew so sold, a
good and valid title as proprietor thereof.

Sect. 4. Be it further enacted, That there shall be an an- Annual meet-
nual meeting of the society on the first Monday of May in every '"^'*-
year, unless some other day shall be prescribed by the by-laws
and regulations thereof, at which meeting, or any other meeting
duly called, the said society may choose their officers, who shall
hold their offices during one year, and until others are chosen in
their stead ; and may also assess all taxes for the maintenance of Power to raise
public worship, and other parochial charges and expenses, and '"""^y-
exercise all, and any other powers, which, under this act of in-
corporation, the said society are enabled at any time to exercise.

Sect. 5. Be it further enacted, That any person who shall Members ex-
unite in religious worship with the said society, by becoming a |^axatfon'b"^th-
proprietor or occupant of any pew in said church, in part or in er societies,
whole, and shall obtain a certifiacte thereof, from the minister and
clerk of the said society, that he hath so united in public wor-
ship with them, shall, from and after obtaining such certificate,
and filing the same with the clerk of the society left, be exempted
as well in person as in estate from all taxation for the support of
religious worship in every other religious society, so long as he
shall continue a proprietor or occupant as aforesaid.

Sect. 6. Be it further enacted, That the first meeting of First meeting,
the said society shall be called by the said Stephen Phillips, Eze-
kiel Hersey Derby, Willard Peele, George Nichols, and Na-
thaniel West, Junior, or by any two or more of them, by an ad-
vertisement in some newspaper printed in Salem, seven days be-
fore the time of holding such meeting ; and at such meeting, all
business may be transacted which should be done at any annual
meeting, and all the proceedings may be had to organize the said
society, and to carry into effect all the powers given in this act

VOL. VI. 29

226

1824.

•Chap. 41—43.

Chap. 42.

Persons incor-
porated.

Powers and
privileges.

1808 ch. 65.

Real estate.

to the said society, in the same manner as if they were herein
specially enumerated. [^Jan. 26, 1825.]

An Act to incorporate llic Newton Ciiemical Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Samuel h. Dana, Nathaniel Williams, and John
A. Lowell, and all such persons as may hereafter associate with
them, their successors and assigns, be, and they hereby are con-
stituted a body politic and corporate, by the name of " The New-
ton Chemical Company," with all the powers and privileges, and
subject to all the duties contained in an act passed on the third
day of March, in the year of our Lord one thousand eight hun-
dred and nine, entitled "an act defining the general powers and
duties of manufacturing corporations," and the several acts in ad-
dition thereto.

Sect. 2. Be it further enacted. That the said corporation
be, and they hereby are declared capable to have, hold, and pos-
sess lands, tenements, and hereditaments, not exceeding in value
the sum of twenty thousand dollars, exclusive of improvements,
and may erect on the same all such buildings, furnaces, machine-
ry, and apparatus as may be necessary and proper for making
mineral acids and any other chemical article or articles ; and the
said corporation is further authorized to hold and possess per-
sonal estate, not exceeding one hundred thousand dollars in a-
mount the whole of which corporate property shall be divided in-
to one hundred shares. [Jan. 26. 1S25.]

^j . ^, An Act to establisli the Boundary Line between the towns ol'Nortli Bridgewater, and

K/llCLp. 4iO. West Bridgewater, in the count}' of Plymoutii.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same^
That from and after the passing of this act, the boundary line be-
tween the towns of North Bridgewater and West Bridgewater,
in the county of Plymouth, shall forever hereafter be known,
fixed, and established, to be as follows, to wit : to begin at a
large stone erected on the easterly line of the town of Easton, in
the county of Bristol, marked N. B. and from thence running
north, eighty-eight degrees east, to a stone standing by the side
of the highway to the southward of Daniel Manly 's house, marked
N. B. ; from thence continuing the same course, to wit : north,
eighty-eight degrees east, passing the southerly end of Ebenezer
Dunbar's dwelling-house, to a stone standing on the westerly side
of the highway leading from New-Bedford to Boston, between
the old saw-mill dam and the dwelling-house of the widow Betty
Thayer, marked N. B. and W. B., and from thence running
north, eighty-eight degrees east, to a station on the west bank
of Salisbury Plain river, so called, and from thence running
southerly on the westerly bank of said river, and crossing the
highway, in the centre, between the tw-o bridges at Cart bridge,
so called, to a station on the south side of said highway, then
easterly by the southerly side of said highway, to the westerly

Capital.
Shares.

Boundary line
described.

1824. Chap. 43—45. 227

line of Captain Robert Packard's homestead farm, and from
thence running southerly on the westerly line of said Packard's
homestead farm, ninety-seven rods, to a station on said line, and
from thence running north, eighty-eight degrees east, until it in-
tersects the westerly line of East Bridgewater. The said town
of North Bridgewater being on the northerly and easterly side of
said line, and the said town of West Bridgewater being on the
southerly and westerly side of said line ; and the above described
line shall forever hereafter be known, fixed, and established, to
be the true boundary line between said towns, any law to the con-
trary notwithstanding. [Jan. 26, 1825.]

An Act to incorporate the Hamilton Manufacturing Company. ChftT) AJL

Sect. 1. BE it enacted by the Senate and House of Repre- ^

sentatives, in General Court assembled, and by the authority of
the same, That Samuel Batchelder, Benjamin Gorham, William persons incor-
Appleton, William Sturgis, and John Lowell, Jr., their associ- porated.
ates, successors and assigns, be, and they are hereby made a
corporation by the name of " The Hamilton Manufacturing
Company," for the purpose of manufacturing cotton and woollen
goods, in Chelmsford, in the county of Middlesex, and for this
purpose, shall have all powers and privileges, and be subject Powers and
to all duties and requirements, contained in an act passed on the privileges.
third day of March, in the year of our Lord one thousand eight
hundred and nine, entitled "an act defining the general powers isosch. 65.
and duties of manufacturing corporations," and the several acts in
addition thereto.

Sect. 2. Be it further enacted, That the said corporation Real estate,
may be lawfully seized and possessed of such real estate, not ex-
ceeding the value of one hundred thousand dollars, exclusive of
improvements, and such personal estate, not exceeding the value Personal estate.
of five hundred thousand dollars, as may be necessary and con- ^'^'^J^^^^^^l^V

c . , ]. c -A cli.37: 1832 ch.

venient tor carrying on the mauuiacture aioresaid. 50.]

Sect. 3. Be it further enacted, That any one of the per- First meeting,
sons mentioned in this act, be, and is hereby authorized to ap-
point the time and place for holding the first meeting of said cor-
poration, and to notify them thereof, either by personal notice or
otherwise. [Jan. 26, 1825.] Add. acts 1827 ch. 37 : 1832
ch. 50.

An Act in further addition to an Act, entitled "An Act to incorporate certain persons (Jhrir) A5
into a company, by the name of the South Boston Association." .r * *

BE it enacted by the Senate and House of Representatives, isoSch. 9.^
in General Court assembled, and by the authority of the same, isU'ch. io3.
That an act made and passed on the fourteenth day of June, in 1819 ch. 152.
the year of our Lord one thousand eight hundred and five, enti-
tled "an act to incorporate certain persons into a company, by isosch. 9.
the name of the South Boston Association," be, and the same
hereby is continued in force until the fourteendi day of June,
which will be in the year of our Lord, one thousand eight hun-
dred and thirty-five, any thing in the act to which this is in addition
to the contrary notwithstanding. [Jan. 26, 1825.] Add. act,
1835 ch. 68.

228 1824 Chap. 46—47.

Chctp. 46. ^^ ^'^'^ *° incorporate the First Universalist Society in Acton,

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives.) in General Court assembled^ and by the authority of
Persons incor- the Same., That Robert Chaffin, Samuel Sargent, Simon Hos-
porated. j^gj.^ Charles Hendley, 2d, John Hendley, Ephraim Robbins,

John Hendley, 2d, Cephas Hartwell, Joseph Robbins, Jona-
than B. Davis, Simon Hosmer, 2d, Ward S. Haskell, Aaron
Chaffin, Solomon Smith, 2d, Joseph Chaffin, Daniel White, 2d,
Moses Woods, Thomas Thorp, Josiah Brown, 2d, John
Fletcher, Samuel Sargent, 2d, John Harris, John Harris, 2d,
Nathan Raymond, Elias Chaffin, Levi Warren, Calvin Hale,
Charles Whitmarsh, Luther Trobridge, Nathan Patch, John Oli-
vers, John Chaffin, Charles Hendley, Daniel Hendley, Isaac
How, Lewis How, Abel Hendley, Joshua Sawyer, Abraham
Foster, Theodore Wheeler, Simeon Knight, Silas Piper, 2d,
Charles Davis, John D. Robbins, Joshua Tower, Jonathan
Wheeler, 2d, Nathaniel G. Brown, Silas Conant, and James
Ross, and all others who may associate with them, be, and they
are hereby incorporated as a religious society, by the name of
Powers and pri- " The First Universalist Society in Acton," with all the privi-
vileges. leges, powers, and immunities to which other religious societies,

in this Commonwealth are entitled by law.
Rules andby- Sect. 2. Be it further enacted., That said society may
Jaws. have power to order and establish such rules, regulations, and by-

laws, for the management of their concerns, as they may think
proper : provided., the same are not repugnant to the constitution
and laws of this Commonwealth.
First meeting. Sect. 3. Be it further enacted^ That any justice of the
peace for the county of Middlesex, is hereby authorized to issue
a warrant, directed to some member of said society, requiring
him to notify and warn the members thereof, to meet at such con-
venient time and place as shall be appointed in said warrant, for
the choice of such officers as parishes are by law empowered to
choose at their annual parish meetings. [Jan. 27, 1825.]

j~ij t « An Act relating to the Locks and Canals on Merrimack river.

^' ' BE it enacted by the Senate and House of Representatives,

in General Court assembled., and by the authority of the same.,

Tu, , ,, , That the Proprietors of the Locks and Canals on Merrimack

May hold real . i i i i i • j i i j

estate, &c. river, be, and they hereby are auiliorized to purchase, take, and
hold all or any part of the real estate, with its appurtenances,
water power, and mill privileges, which are now holden by the
Merrimack Manufacturing Company, and also to purchase, take,
and hold such other real estate in the towns of Chelmsford, Dra-
cut, and Tewksbury, as they may think proper, not exceeding
in value one hundred thousand dollars, exclusive of improve-
ments ; and all such or other estates in their possession, with the
mill or water power, which they have acquired, or may acquire,
by enlarging their canal, to improve, sell, or lease, as all other

p proprietors and owners of estates, may lawfully do : provided,

however, that nothing contained in this act shall give to the pro-

1824. Chap. 47—50. 229

prietors of the said locks and canals, or the said Merrimack Man-
ufacturing Company, any other rights, powers, or privileges in
and over the said mill or water power, than they now have and
possess, or may acquire by purchase as owners and proprietors
thereof. [Jan. 27, 1825.]'

An Act in further addition to an Act, entitled " An Act establishing the city of Bos- CkciV. 49.

ton

Sect. I. BE it enacted by the Senate and House of Rep- issich. no.
resentatives^ in General Court assembled, and by the authority of
the same, That the election of the mayor, aldermen and common Timeofelec-
councilmen, and such other officers of the city of Boston, as are
now by law to be chosen on the second Monday in April, annu-
ally, shall in future be made on the second Monday in December,
annually, and the said officers so chosen shall hold their respec-
tive offices for the same term of time, and the same proceedings
shall be had in relation to such elections, as is provided in and
by the act, entitled "an act establishing the city of Boston," to
which this is in addition : provided, nevertheless, that the next Proviso,
choice of the said city officers shall be made at such time, and in
such manner, as are prescribed in and by the act aforesaid, and
the officers so elected shall severally hold their offices until the
first Monday of January next, any thing in this act to the contra-
ry notwithstanding.

Sect. 2. Be it further enacted, That the officers chosen Entrance upon
under and by virtue of this act, shall enter on the duties of their °^'^^'
respective offices on the first Monday of January in each year,
and shall be liable to all the duties and restrictions, and shall ex-
ercise all the powers to which the said officers are respectively
subject or entitled, under and by virtue of the act to which this
is in addition, and of all other acts having relation to this subject
matter.

Sect. 3. Be it further enacted, That this act shall be void. This act, how
unless the inhabitants of the city of Boston, at any general meet- '^°' *
ing duly warned by public notice, of at least fourteen days, by
the mayor and aldermen, shall, within sixty days from the passing
hereof, by written vote, adopt the same.

Sect. 4. Be it further enacted. That all the provisions of Repeal,
the act to which this is in addition, or of any other act inconsis-
tent with the provisions of this act, shall be, and hereby are re-
pealed. [Jan. 27, 1825.]

An Act to incorporate the Plympton Iron Company. CJldJ). 50.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Ebenezer Lobdell, of Plympton, in the county Persons incor-
of Plymouth, Lewis Tappan, Isaac C Kendall, and Wiliram porated.
Levering, Jr., of the city of Boston, together with such other
persons as may hereafter associate with them, their successors
and assigns, be and they hereby are made a corporation, by the
name of the Plympton Iron Company, for the purpose of manu-
facturing nails, nail plates, tacks, and iron work of all kinds, in

230 1824. Chap. 50—54.

Powers and the town of Plympton aforesaid, and for that purpose shall have
privileges. g|j ^j^g powers and privileges, and be subject to all the duties and
requirements, contained in an act passed on the third day of
March, in the year of our Lord one thousand eight hundred and
1808 ch. 65. nine, entided "an act defining the general powers and duties of
manufacturing corporations," and the several acts in addition
thereto.
Estate, real and Sect. 2. Be it further enacted, That the said corporation
personal. j^^gy j^g lawfully seized and possessed of such real estate, not ex-

ceeding the value of seventy-five thousand dollars, and such per-
sonal estate, not exceeding the value of fifty thousand dollars, as
may be necessary and convenient for carrying on the manufactory
aforesaid. [Jan. 29, 1825.]

ChcfP. 53. ^" ^^'^ *° empower the selectmen of the town of New Bedford to increase the num-
-• ber of enginemen.

BE it enacted by the Senate and House of Representatives j
in General Court assembled., and by the authority of the same,
Selectmen au- That the selectmen of the town of New Bedford, for the time
m)^n?adf]iiionai being, be, and hereby are authorized and empowered, hereafter
enginemen. to nominate and appoint fifteen enginemen in addition to the
nun)ber now authorized by law, to be attached to the suction en-
gine in New Bedford, making the number of forty enginemen,
hereafter to be appointed for said engine, in the month of March,
annually, so long as the said suction engine continues to be in
Duties and good Order, who shall be subject to the same duties, and vested
powers. ^^.j[|j fjjg same powers, and entitled to the same rights, privileges

and exemptions, that other enginemen now by law are. [Feb.
8, 1825.]

r^hnn PjA ^^ ^^^ ^° establish the Annawan Manufacturing Compan\-.

"' ' Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives., in General Court assembled, and by the authonty of
Persons incor- the Same, That Abraham Wilkinson, Benjamin Rodman and Brad-
poraied. j-qj-^j Durfee, together with such other persons as have associated,

or may hereafter associate with them, their successors and assigns,
be, and they are hereby made a corporation, by the name of the
Name. Annawan Manufactory, for the purpose of manufacturing cotton

and woollen cloths, and of stamping and printing the same, in the
Powers and town of Troy, and county of Bristol ; and for this purpose shall
privileges. j-|g^,g g]| ^j^^ powers and privileges, and be subject to all the duties
and requirements, contained in an act passed on the third day of
March, in the year of our Lord one thousand eight hundred and
1808ch. C5. nine, entiUed "an act defining the general powers and duties of
manufacturing corporations," and in the several acts passed in
addition thereto.
Estate, real and Sect. 2. Be it further enacted, That the said corporation
personal. ^^^ ^^ lawfully seized of such real estate, not exceeding the

value of one hundred thousand dollars, and such personal estate,
not exceeding one hundred thousand dollars, as shall be necessa-
ry and convenient for establishing and carrying on the manufac-
tures aforesaid. [Feb. 8, 1825.]

1824. Chap. 55—57. 231

An Act to incorporate the Saxou and Leicester Factory. ChttT) 55.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and bxj the authority of
the same, That the Saxon Factory and the Leicester Maimlac-
turing Company be, and they are hereby made one corporation,
by the name of the Saxon and Leicester Factory, for the purpose
of manufacturing wool, cotton and machiticry, in the towns of
Leicester, in the county of Worcester, and Framingham, in the
county of Middlesex ; and for this purpose, shall have all the Powers and
powers and privileges, and be subject to all the duties and re- p'''^' '^^^^'
quirements, contained in an act passed on the third day of March,
in the year of our Lord one thousand eight hundred and nine,
entided "an act defining the general powers and duties of manu- I808ch.65.
facturing corporations," and the several acts in addition thereto.
'"FSect. 2. Be it further enacted. That said corporation may Estate, real and
be lawfully seized of such real and personal estate, not exceeding P*'''*°"'* •
six hundred thousand dollars, as may be necessary for carrying
on the factory aforesaid.

Sect. 3. Be it further enacted, That the clerk of either of First meeting.
said corporations be authorized to call the first meeting of the
corporation hereby established, by giving public notice thereof in
one or more newspapers published in the city of Boston, at least
ten days before the time appointed for said meeting. \_Feb. 8,
1825.]

An Act to incorporate the Calviuist Society in Worcester. C^hflTI ^fi

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Daniel Waldo, John Hubbard, Moses M. Persons incor-
Child and Lawrence Hubbard, with their associates and succes- P°^^'^"-
sors, be, and they hereby are incorporated by the name of the
Calvinist Society in Worcester, with all the powers, privileges Powers and
and immunities to which parishes and other religious societies are P^^'^S^s-
entided by the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That any justice of the First meeting.
peace in the town of Worcester, upon application therefor, is
hereby authorized and empowered to issue his warrant to some
member of said Calvinist Society in Worcester, requiring him to
notify and warn the members thereof to meet at such convenient
time and place as shall be appointed in said warrant, to organize
said society, and transact such other business as may be necessa-
ry. [Feb. 8, 1825.]

An Act to incorporate tlie Hingiiam Umbrella Manufacturing Company. f^hnii ^7

Sect. 1. BE it enacted by the Senate and House of Repre- "'

sentatives, in General Court assembled, and by the authority of
the same. That Benjamin S. Williams, Samuel F. Coolidge, Persons incor-
Benjamin Poor, Francis Head, James Howe, Hall J. Howe, poi'ated.
Eliphalet Kimball, John Clark, together with such others as now
have or may hereafter associate with them, their successors and
assigns, be, and they are hereby made a corporation, by the name
of the Hingham Umbrella Manufacturing Company, for the pur-

232

1824.-

■Chap. 57—60.

Powers and
privileges.

1808 ch. 65.

Real and per-
sonal estate.

Chap. 58.

1820 ch. 13.

Increase of cap-
ital stock.

Real estate.

Chap. 59.

1821 ch. 8-1.

Chap, 60.

Persons incor-
porated.

pose of manufacturing umbrellas and parasols, and the furniture
for the same, in the town of Hingham, in the county of Ply-
mouth ; and for this purpose shall have all the powers and privi-
leges, and shall be subject to all the duties and requirements,
prescribed and contained in an act passed the third day of March,
in the year of our Lord one thousand eight hundred and nine,
entided "an act defining the general powers and duties of manu-
facturing corporations," and the several acts in addition thereto.
Sect. 2. Be it further enacted^ That the said Hingham
Umbrella Manufacturing Company, in their corporate capacity,
may lawfully hold and possess such real and personal estate as
may be necessary and convenient for carrying on the said manu-
factory : provided^ the value of such real estate shall not exceed
the sum of twenty-five thousand dollars, and the value of such
personal estate shall not exceed fifty thousand dollars. \_Feh. 8,
1825.]

An Act in addition to an Act to incorporate the Eagle Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That the said Eagle Insurance Company be, and they
hereby are empowered to increase their present capital stock, by
the addition of any sum or sums, not exceeding in the whole the
further sum of two hundred thousand dollars. The whole capital
stock of said company being at no time to exceed the sum of
three hundred thousand dollars.

Sect. 2. Be it further enacted, That the said Eagle Insur-
ance Company may purchase and hold real estate, otiier than
such as may be taken for debt, or held as collateral security for
money due, to an amount equal to twenty per cent, on their cap-
ital, which shall, at the time, have been actually paid in. \^Feb.
8, 1825.]

An Act in addition to an Act, entitled " An Act to incorporate the Proprietors of the
Farmers' Hotel in the town of Brighton."

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That a further time of three years from and after the passing of
this act, be, and the same is hereby allowed the Proprietors of
the Farmers' Hotel in the town of Brighton, to erect a spacious
hotel, any thing in the act to which this is in addition, to the
contrary notwithstanding. [Feb. 8, 1825.]

An Act to establish the Fall River Iron Works Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority oj
the same. That Abraham Wilkinson, Isaac Wilkinson, William
Valentine, Joseph Butler and Bradford Durfee, together with
such other persons as have associated, or may hereafter associate
with them, their successors and assigns, be, and they are hereby
made a corporation, by the name of the Fall River Iron Works
Company, for the purpose of making iron from the ore, of rolling
copper and iron, of manufacturing nails and other modifications

1824. Chap. 60—62. 233

of iron, in the town of Troy, and county of Bristol ; and for this

purpose shall have all the powers and privileges, and be subject

to all the duties and requirements, contained in an act passed on

the third day of March, in the year of our Lord one thousand

eight hundred and nine, entitled "an act defining the general isosch. 65.

powers and duties of manufacturing corporations," and in the

several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation Estate, real and
may be lawfully seized of such real estate, not exceeding one P^''^''"^'-
hundred thousand dollars, and such personal estate, not exceeding
one hundred thousand dollars, as shall be necessary and conven-
ient for establishing and carrying on the manufactures aforesaid.
[Feb. 8, 1825. J See 1829 ch. 102 : 1834 ch. 118.

An Act to incorporate the Boston and Braintree Copper and Brass Manufactory. Chctt) 61

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Paul Revere, of Braintree, William Blake, Persons incor-
of Braintree, and John W. Sullivan, of Boston, together with P°f^'^*^-
such others as may hereafter associate with them, and their suc-
cessors, be, and they are hereby made a corporation, by the name
of the Boston and Braintree Copper and Brass Manufactory, for
the purpose of manufacturing copper and brass ; and for that Powers and
purpose shall have all the powers and privileges, and also be sub- P"^''®g^^-
ject to all the duties and requirements, prescribed and contained
in an act passed the third day of March, in the year of our Lord
one thousand eight hundred and nine, entitled "an act defining I808ch. 65.
the general powers and duties of manufacturing companies [cor-
porations'],^'' and the several acts in addition thereto.

Sect. 2. Be it further enacted. That the said corporation Estate, real and
may be lawfully seized and possessed of such real estate, not ex- Personal,
ceeding the value of fifty thousand dollars, and such personal
estate, not exceeding the value of three hundred thousand dollars,
as may be necessary and convenient for carrying on the business
of said corporation. [Feb. 8, 1825.] Name changed by add.
act, 1825 ch. 124.

An Act to incorporate the American Insurance Company in Salem. CflWD 62

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That William P. Richardson, Dudley L. Pickman, Persons incor-
Pickering Dodge, .John W. Rogers, Nathaniel West, Junior, P^f^'ed.
Robert Brookhouse, Charles Saunders, Nathan W. Neal, John
Forrester, and Robert Upton, with their associates, successors
and assigns, be, and hereby are incorporated into a company and
body politic, by the name of the American Insurance Company
in Salem, with all the powers and privileges granted to insurance Powers and
companies, and subject to all the restrictions, duties and obliga- P"viieges.
tions contained in a law of this Commonwealth, entitled "an act 1817 ch. 120.
to define the powers, duties and restrictions of insurance compa-
nies," passed on the sixteenth day of February, in the year of
our Lord one thousand eight hundred and eighteen, and in a law

VOL. TI. 30

234

1824.-

-Chap. 62.

1819 ch. 141.

Real estate.

Capital stock.

Shares, ami
payment tliere-
of.

Directors.

Time and
manner of iheir
election.

Right of voting.

Secretary may
call meetings
of the stock-
holders.

of this Commonwealth, entitled "an act authorizing the several
insurance companies in this Commonwealth to insure against fire,"
passed on the twenty-first day of February, in the year of our
Lord one thousand eight hundred and twenty, for and during the
term of twenty years after the passing of this act ; and by that
name may sue and be sued, plead and be impleaded, appear,
prosecute and defend to final judgment and execution, and may
have a common seal, which they may alter at pleasure, and may
purchase, hold and convey any estate, real or personal, for the
use of said company : provided, the said real estate shall not ex-
ceed the value of twenty thousand dollars, except such as may
be taken for debt, or held as collateral security for money due to
said company.

Sect. 2. Be it further enacted, That the capital stock of
said company, exclusive of premium notes, and profits arising
from business, shall not be less than one hundred and fifty thou-
sand dollars, nor more than two hundred thousand dollars, and
shall be divided into shares of one hundred dollars each, fifty per
cent, of which shall be paid in money by each and every subscri-
ber on the amount of his subscription, within thirty days after
public notice given by the president and directors, chosen by the
stockholders, in two newspapers printed in the town of Salem,
and the residue shall be secured by a deposit of stock of the
United States, or of this Commonwealth, or of some bank within
this Commonwealth, or such other security as may be approved
by three fourths of the directors, and to be paid in such sum or
sums, at such time or times, and under such penalties as the said
president and directors shall in their discretion direct and appoint.

Sect. 3. Be it further enacted, That the stock, property,
affairs and concerns of the said company shall be managed and
conducted by not less than seven, and not more than twelve di-
rectors, one of whom shall be president thereof, who shall hold
their offices for one year, and until others are chosen, and no
longer ; and who shall at the time of their election be stockhold-
ers in said company and citizens of this Commonwealth, and shall
be elected on the second Monday of February in each and every
year, and at such time of the day, and in such place in the town
of Salem, as a majority of the directors for the time being shall
appoint, of which election public notice shall be given by publi-
cation in some newspaper printed in Salem, ten days at least
previous to such meeting : and the election shall be made by
ballot, by a majority of the votes of the stockholders present, al-
lowing one vote to each share in the capital stock : provided, that
no stockholder shall be allowed more than ten votes, and absent
stockholders may vote by proxy under such regulations as the
said company shall prescribe : and if, through any unavoidable
accident, the directors should not be chosen on the second Mon-
day of February as aforesaid, it shall be lawful to choose them on
any other day in the manner herein provided ; and it shall be the
duty of the secretary of said company, at any time, upon application
in writing of the proprietors of twenty per centum of the capital

1824. Chap. 62. 235

stock, to call a meeting of the stockholders, to be holden at such
time and place in the town of Salem, as they shall direct, for the
purposes mentioned in such application, by giving like notice
thereof as is herein required for the election of directors.

Sect. 4. Be it further enacted, That the directors when choice of presi-
chosen shall meet as soon as may be after every election, and
shall choose out of tiieir body one person to be president, who
shall be sworn or affirmed to the faithful discharge of the duties
of his office, and who shall preside for one year, and in case of
death, resignation, or inability to serve, of the president, or any
directors, such vacancy or vacancies shall be filled, for the re-
mainder of the year in which they happen, by a special election for
that purpose, to be notified and held in the same manner as here-
in before directed, respecting annual elections of directors.

Sect. 5. Be it further enacted. That the president and Board of direc-
half the directors, or in his absence a majority of the directors,
shall be a board competent to the transaction of business, and all
questions before them shall be decided by a majority of votes, and
they shall have power to make and prescribe such by-laws, rules, By-laws,
and regulations, as to them shall appear needful and proper touch-
ing the management and disposition of the stock, property, estate
and effects of said company, and the transfer of the shares, and
touching the duties and conduct of the several officers, clerks,
and servants employed, and the election of directors, and all
such matters as appertain to the business of insurance ; also
shall have power to appoint a secretary, and so many clerks and
servants for carrying on the said business, and with such salaries
and allowances to them and to the president, as to the said board
shall seem meet : provided, such by-laws and regulations shall Proviso,
not be repugnant to the constitution and laws of this Common-
wealth.

Sect. 6. Be it further enacted, That any two or more of First meeting,
the persons named in this act are hereby authorized to call a
meeting of said company, by advertising the same in some news-
paper printed in Salem, in two successive papers, for the pur-
pose of electing their first board of directors, who shall remain in
office until the second Monday in February, in the year of our
Lord one thousand eight hundred and twenty-six, and until others
shall be elected in their stead : provided, however, that this char- Conditions of
ter shall be void, and of no efiect, unless put into operation this charter,
agreeably to the terms of it, within one year from and after the
passing of this act : and provided, also, that the said company
shall not take any risk, or subscribe any policy, by virtue of this
act, until one moiety of the capital stock of said company shall
have actually been paid in.

Sect. 7. Be it further enacted. That the said company shall Limitation of
never take on any one risk, or loan on respondentia or bottomry
on any one bottom, at any one time, including the sum insured
in any other way on the same bottom, a sum exceeding ten per
centum on the capital stock of said company actually _, paid in
agreeably to the provisions of this act.

236

1824.-

■Chap. 62—63.

Location.

Liability to tax-
ation.

Cha'p. 63.

Persons incor-
porated.

Powers and
privileges.

1817 ch. 120.

1819 ch. 141.

Real estate.

Capital stock.

[Capital redu-
ced 1834 ch.49.]

Shares and the
payment there-
of.

Directors.

Sect. 8. Be it further enacted^ That the said insurance
company shall be located and kept in the town of Salem.

Sect. 9. Be it further enacted^ That the said American
Insurance Company shall be liable to be taxed by a general law,
providing for the taxation of all similar corporations. \^Feh. 8,
1825.]

An Act to incorporate the Mercantile Insurance Company in Salem.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That John Winn, Junior, Michael Shepard, Joseph
Howard, Francis Boardman and Timothy Bryant, Junior, with
their associates, successors and assigns, be, and hereby are incor-
porated into a company and body politic, by the name of the
Mercantile Insurance Company in Salem, with all the powers and
privileges granted to insurance companies, and subject to all the
restrictions, duties and obligations, contained in a law of this Com-
monwealth, entitled "an act to define the powers, duties and re-
strictions of insurance companies," passed on the sixteenth day
of February, in the year of our Lord one thousand eight hundred
and eighteen, and in a law of this Commonwealth, entitled "an
act authorizing the several insurance companies in this Common-
wealth to insure against fire," passed on the twenty-first day of
February, in the year of our Lord one thousand eight hundred
and twenty, for and during the term of twenty years after the
passing of this act, and by that name may sue and be sued, plead
and be impleaded, appear, prosecute and defend to final judg-
ment and execution, and may have a common seal, which they
may alter at pleasure, and may purchase, hold and convey any
estate, real or personal, for the use of said company : provided^
the said real estate shall not exceed the value of twenty thousand
dollars, excepting such as may be taken for debt, or held as col-
lateral security for money due to said company.

Sect. 2. Be it further enacted, That the capital stock of
said company, exclusive of premium notes and profits arising
from business, shall be one hundred and fifty thousand dollars,
and shall be divided into shares of one hundred dollars each, fifty
per cent, of which shall be paid in money by each and every sub-
scriber, on the amount of his subscription, within thirty days after
public notice given by the president and directors, chosen by the
stockholders, in two newspapers printed in the town of Salem,
and the residue shall be secured by a deposit of stock of the
United States, or of this Commonwealth, or of some bank within
this Commonwealth, or such other security as may be approved
by three-fourths of the directors, and to be paid in such sum or
sums, at such time or times, and under such penalties as the
said president and directors shall in their discretion direct and
appoint.

Sect. 3. Be it further enacted, That the stock, property,
affairs, and concerns of the said company, shall be managed and
conducted by nine directors, one of whom shall be president

1824. Chap. 63. 237

thereof, who shall hold their offices for one year, and until others
are chosen, and no loneer, and who shall, at the time of their
election, be stockholders in said company, and citizens of this
Commonwealth, and shall be elected on the second Monday of Manner of their
April, annually, and at such time of the day, and in such place in election,
the town of Salem, as a majority of the directors for the time be-
ing shall appoint, of which election public notice shall be given,
by publication in some newspaper printed in Salem, ten days at
least previous to such meeting, and the election shall be made by
ballot, by a majority of the votes of the stockholders present, al-
lowing one vote to each share in the capital stock: provided, Right of voting,
that no stockholder shall be allowed more than ten votes, and ab-
sent stockholders may vote by proxy, under such regulations as
the said company shall prescribe, and if, through any unavoidable
accident, the said directors should not be chosen on the second
Monday of April as aforesaid, it shall be lawful to choose them
on any other day in the manner herein provided ; and it shall be Secretary may
the duty of the Secretary of the said company, at any time, up- call meetings of
on application in writing of the proprietors of twenty per centum
of the capital stock, to call a meeting of the stockholders, to be
holden at such time and place in the town of Salem as they shall
direct, for the purposes mentioned in such application, by giv-
ing like notice thereof, as is herein required for the election of
directors.

Sect. 4. Be it further enacted, That the directors, when Choice of presi-
chosen, shall meet as soon as may be after every election, and ^<^"'-
choose out of their body, one person to be president, who shall
be sworn or affirmed to the faithful discharge of the duties of his
office, and who shall preside for one year, and in case of death,
resignation, or inability to serve, of the president or any direc-
tors, such vacancy or vacancies shall be filled for the remainder
of the year in which they happen, by a special election for that
purpose, to be notified and held in the same manner as herein be-
fore directed, respecting annual elections of directors.

Sect. 5. Be it further enacted, That the president and four Board of direc-
of the directors, or five of them in his absence, shall be a board ^°^^-
competent to the transaction of business, and all questions be-
fore them shall be decided by a majority of votes, and they shall
have power to make and prescribe such by-laws, rules, and reg- By-laws,
ulations, as to them shall appear needful and proper, touching the
management and disposition of the stock, property, estate and
effects of said company, and the transfer of the shares, and touch-
ing the duties and conduct of the several officers, clerks, and ser-
vants employed, and the election of directors, and all such mat-
ters as appertain to the business of insurance ; also shall have
power to appoint a secretary, and so many clerks and servants,
for carrying on the said business, and with such salaries and al-
lowances to them and to the president, as to the said board shall
seem meet : provided, such by-laws and regulations shall not Proviso,
be repugnant to the constitution and laws of this Common-
wealth.

238

1824.

■Chap. 63—64.

Conditions of
this cliarter.

Limitation of
risks.

Location.

Liability to
taxation.

First meeting-. Sect. 6. Be it further enacted, That any two or more of
the persons named in this act, are hereby authorized to call a
meeting of the said company, by advertising the same in some
newspaper printed in Salem, in two successive papers, for the
purpose of electing their first board of directors, who shall re-
main in office until the second Monday in April, in the year of
our Lord one thousand eight hundred and twenty-five, and until
others shall be elected in their stead : provided, however, that
this charter shall be void and of no effect, unless put into opera-
tion agreeably to the terms of it, within one year from and after
the passing of this act : and provided, also, that the said compa-
ny shall not take any risk, or subscribe any policy, by virtue
of this act, until one moiety of the capital stock of said company
shall have actually been paid in.

Sect. 7. Be it further enacted. That the said company
shall never take on any one risk, or loan on respondentia, or bot-
tomry, on any one bottom, at any one time, including the sum in-
sured in any other way on the same bottom, a sum exceeding ten
per centum on the capital stock of said company actually paid in,
agreeably to the provisions of this act.

Sect. 8. Be it further enacted. That the said insurance com-
pany shall be located and kept in the town of Salem.

Sect. 9. Be it further enacted, That the said Mercantile
Insurance Company shall be liable to be taxed by a general law
providing for the taxation of all similar corporations. [Feb. 8,
1825.] Add. act, 1834 ch. 49.

Chcip. 64. -^" '^CT to incorporate tiie Proprietors of Eastern Harbour iMeadows and Beaches in
* the town of Truro, in tiie county of Barnstable.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That all the Proprietors and owners of Eastern Har-
bour Meadows and Beaches in the town of Truro, in the county
of Barnstable, from and after the passing of this act, be, and they
hereby are incorporated into a body politic, by the name of the
Proprietors of Eastern Harbour Meadows and Beaches in Tru-
ro, and by that name may sue and be sued, and do and suf-
fer all matters, acts, or things which bodies politic may or ought
to do and suffer.

Sect. 2. Be it further enacted. That after the passing of
this act, it shall not be lawful for the inhabitants of Provincetown
or Truro, or any other person or persons whatsoever, to turn out,
feed, or suffer to run at large, any neat cattle, sheep, or horse
kind, on any of the meadows or beaches called and known by
the name of Eastern Harbour Meadows and Beaches in Truro,
upon the penalty, for each offence, of one dollar a head for all
neat cattle and horse kind, and twenty cents a head for every
sheep, so turned out, fed, or suffered to run at large, on the mead-
ows or beaches aforesaid, to be recovered by any inhabitant of
either of the said towns before any justice of the peace for the
county of Barnstable, by action of debt.

Proprietors in-
corporated.

Cattle not to
run tit large.

Penalty.

1824. Chap. 64. 239

Sect. 3. Be it further enacted, That any justice of the First meeting,
peace in the county of Barnstable, be, and he hereby is empow-
ered and directed, upon apphcation in writing from five or more
of said proprietors, to issue his warrant to any one of the propri-
etors aforesaid, requiring him to notify and warn the said propri-
etors to meet at such time and place as he shall deem most con-
venient, and for the purposes to be expressed in said warrant, by
posting up copies of said warrant, with the notifications thereon,
at the presbyterian meeting-house in Truro, and the methodist
meeting-house in Provincetown, seven days at least prior to the
time of holding said meeting ; and the said proprietors, when le- Choice of offi-
gally assembled as aforesaid, shall have power to choose a clerk, ^^''^■
committee, assessors, collector of taxes, treasurer, and such oth-
er officers as they shall deem necessary, who shall be sworn to
the faithful discharge of the trust reposed in them, and continue
to serve until others are chosen and sworn in their room, which
may be when and as often as said corporation shall judge necessa-
ry ; which officers, chosen and sworn as aforesaid, shall have the
same power to perform, execute, and carry into effect any vote or
lawful order of said corporation, as town officers, of like de-
scription, have by law to do and perform in their respective
offices ; and the said corporation shall at their first meeting
agree and determine upon a method of calling future meetings,
and the said corporation at any meeting legally called for that pur-
pose, may vote to raise monies for the purposes of making fences, Raising of
setting out or planting beach grass, and for any other purposes '"oney.
which said proprietors may deem necessary for the preservation
of said meadows, and for carrying the votes and orders of said
corporation into effect ; and all monies raised as aforesaid shall Assessment and
be assessed upon each proprietor, in proportion to the interest he j^e sam°e" °^
or she may have in said meadows and beaches ; and if any pro-
prietor shall refuse or neglect to pay the sum or sums assessed
upon him or her as aforesaid, for the space of sixty days after the
assessment shall have been shewn to him by the collector, or a
copy thereof left at his usual place of abode, so much of his or
her meadow shall be sold by the collector as will be sufficient to
pay the same, with cost, notice of such sale to be given by the
collector, by posting up advertisements thereof in some public Saieofdelin-
place in each of the aforesaid towns of Provincetown and Truro, 9"^"'*' '^"'^s-
thirty days prior to the sale, with the names of the proprietor or
proprietors, the amount of taxes assessed upon their meadow or
meadows respectively, and also the time and ))lace of sale ; and
if no person shall appear thereupon to discharge the said taxes
and all intervening charges, then the collector shall proceed to sell
at public auction, to the highest bidder, so much only of said
meadows as shall be sufficient to discharge said taxes and all in-
tervening charges, and shall give and execute a deed or deeds to
the purchaser or purchasers, his or her heirs and assigns, expres-
sing therein the cause of such sale, saving to such delinquent pro-
prietor or proprietors the right of redeeming the same for the
space of one year, by paying the said purchaser the sum he may

240 1824. Chap. 64—67.

ulations.

have given therefor, and interest, after the rate of ten per centum
Rules and reg- per annum. And the said corporation may, at their first meeting,
or at any future meeting legally called, establish such rules and
regulations as shall be judged necessary : provided, the same are
not contrary to the constitution and laws of this Commonwealth,
for the better management of its affairs, for which purpose, in ad-
dition to the power and authority in this act given them, they are
hereby invested with all the powers legally appertaining to the
proprietors of general and common fields, any law of this Com-
monwealth now existing to the contrary notwithstanding. [Feb.
11, 1825.]

Chap. 66.

taken without
permit

An Act to preserve the Eel Fishery, and to prevent the wilful destruction of Oysters
and all other shell-fish in the town of Harwich.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Eels not to be the Same, That from and after the date of this act, no fisherman,
or any other person, shall lake from the waters within the town
of Harwich, any eels, without a permit from the selectmen of said
town, under a penalty of three dollars for each bushel of fish so
taken.
Oysters and oth- Sect. 2. Be it further enacted, That to prevent the de-
er sheii-fish. struction of oysters and all other shell-fish within the waters be-
longing to the said town of Harwich, that all the provisions, fines,
forfeitures, penalties, seizures and appropriations, prescribed and
contained in an act passed in the year of our Lord seventeen hun-
1795 ch. 71. dred and ninety-six, entitled '•' an act to prevent the destruction of
1798 ch. 14. oysters and other shell-fish in this Commonwealth," and also the
1808 ch! 28*. several acts in addition thereto, so Air as they may be applicable
to the purposes of this act, be, and they are hereby extended to
the said town of Harwich. [Feb. 12, 1825.]

Chap. 67.

An Act to incorporate the Boston and Salem Insurance Compan}-.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of

Persons incor- the same. That William Lander, Pickering Dodge, Benjamin T.

porated. Pickman, Edward Lander, William Lawrence, Humphrey Dev-

ereux, Isaac Bangs, Robert Stone, Joseph H. Adams, William
Silsbee, and Ebenezer Rollins, with their associates, successors,
and assigns, be, and they are hereby incorporated into a compa-
ny and body politic, by the name of the Boston and Salem In-

Powers and surance Company, with all the powers and privileges granted to

privileges. insurance companies, and subject to all the restrictions, duties,

and obligations contained in a law of this Commonwealth, entit-

1817 ch. 120. led " an act to define the powers, duties, and restrictions of in-
surance companies," passed on the sixteenth day of February,
in the year of our Lord one thousand eight hundred and eighteen,

I8i9ch.ui. and in a law of this Commonwealth, entitled "an act authoriz-
ing the several insurance companies in this Commonwealth to
insure against fire," passed on the twenty-first day of February,
in the year of our Lord one thousand eight hundred and twenty, for
and during the term of twenty years after the passing of this act :

1824. Chap. 67. 241

and by that name may sue and be sued, plead and be impleaded,
appear, prosecute and defend to final judgment and execution ;
and may have a common seal, which they may alter at pleas-
ure ; and may purchase, hold and convey any estate, real or per-
sonal, for the use of said company : provided^ the said real estate Real estate,
shall not exceed the value of one hundred thousand dollars, ex-
cepting such as may be taken for debt, or held as collateral se-
curity for money due to said company.

Sect. 2. Beit further enacted, That the capital stock of Capital stock,
said company, exclusive of premium notes and profits arising from
business, shall be three hundred thousand dollars, and shall be
divided into shares of one hundred dollars each, fifty per cent. Shares and the
of which shall be paid in money, by each and every subscriber, Ppn^ent there-
on the amount of his subscription, within thirty days after public
notice given by the president and directors, chosen by the stock-
holders, in two newspapers printed in the city of Boston, and
the residue shall be secured by a deposite of stock of the United
States, or of this Commonwealth, or of some bank within this
Commonwealth, or such other security, as may be approved by
three fourths of the directors, and to be paid in such sum or sums,
at such time or times, and under such penalties, as the said pres-
ident and directors shall in their discretion direct and appoint.

Sect. 3. Be it further enacted, That the stock, property. Directors,
affairs and concerns of the said company, shall be managed and
conducted by twelve directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until others
are chosen, and no longer, and who shall, at the time of their
election, be stockholders in said company, and citizens of this
Commonvvealtli, and shall be elected on the second Monday in
January, in each and every year, and at such time of the day, and Manner of their
in such place in the city of Boston, as a majority of the directors election,
for the time being shall appoint ; of which election public notice
shall be given by publication in some newspaper printed in Boston,
ten days at least previous to such meeting ; and the election shall
be made by ballot, by a majority of the votes of the stockholders
present, allowing one vote to each share in the capital stock :
provided, that no stockholder shall be allowed more than thirty Right of voting,
votes ; and absent stockholders may vote by proxy, under such
regulations as the said company shall prescribe ; and if through
any unavoidable accident, the said directors should not be chosen
on the second Monday in January, as aforesaid, it shall be lawful
to choose them on any other day in the manner herein provided.
And it shall be the duty of the secretary of said company, at any secretary may
time upon application in writing of the proprietors of twenty per call meetings of
centum of the capital stock, to call a meeting of the stockholders,
to be holden at such time and place in the city of Boston, as they
shall direct, for the purposes mentioned in such application, by
giving like notice thereof, as is herein required for the elec-
tion of directors.

Sect. 4. Be it further enacted. That the Directors when choice of presi-

chosen, shall meet as soon as may be after every election, and dent, and filling
' "' „. ^ 01 vacancies.

VOL. VI. 31

242

1824..

Chap. 67.

Board of direc-
tors.

By-laws.

Proviso.
First meeting.

Conditions of
this charter.

Limitation of
risks.

Location.

Liability to tax-
ation.

shall choose out of their body one person to be president,
who shall be sworn or affirmed to the faithful dischaige of the
duties of his office, and who shall preside for one year, and in
case of death, resignation or inability to serve, of the president
or any directors, such vacancy or vacancies shall be filled, for
the remainder of the year in which they may happen, by a special
election for that purpose, to be notified and held in the same
manner as herein before directed, respecting annual elections of
directors.

Sect. 5. Be it further enacted^ That the president and four
of the directors, or five of them in his absence, shall be a board
competent to the transaction of business, and all questions before
them shall be decided by a majority of votes, and they shall have
power to make and prescribe such by-laws, rules and regulations,
as to them shall appear needful and proper, touching the manage-
ment and disposition of the stock, property, estate and effects of
said company, and the transfer of the shares, and touching the
duties and conduct of the several officers, clerks and servants
employed, and the election of directors, and all such matters as
appertain to the business of insurance ; also shall have power to
appoint a secretary, and so many clerks and servants for carrying
on the said business, and with such salaries and allowances to
them and to the president, as to the said board shall seem meet :
provided^ such by-laws and regulations shall not be repugnant to
the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted, That any two or more per-
sons named in this act, are hereby authorized to call a meeting
of the said company, by advertising the same in some newspaper
printed in Boston, in two successive papers, for the purpose of
electing their first board of directors, who shall remain in office
until the second Monday in January, in the year of our Lord one
thousand eight hundred and twenty-six, and until others shall be
elected in their stead ; provided, however, that this charter shall
be void and of no effect, unless put in operation agreeably to
the terms of it, within one year from and after the passing of this
act: and provided, also, that the said company shall not take any
risk, or subscribe any policy, by virtue of this act, until one
moiety of the capital stock of said company shall have actually
been paid in.

Sect. 7. Be it further enacted, That the said company shall
never take on any one risk, or loan on respondentia, or bottomry,
on any one bottom, at any one time, including the sum insured
in any other way on the same bottom, a sum exceeding ten per
centum on the capital stock of said company actually paid in,
agreeably to the provisions of this act.

Sect. 8. Be it further enacted, That the said insurance
company shall be located and kept in the city of Boston.

Sect. 9. Be it further enacted. That the said Boston and
Salem Insurance Company shall be liable to be taxed by a gene-
ral law, providing for the taxation of all similar corporations.
IFeh. 12, 1825.]

1824. Chap. 68. 243

An Act to incorporate the Trustees of tlie Methodist Reli/jious Society in Marblehead. fjhnn AS

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That Warren Shepard, Elijah Bhss, John Barilett, Persons incor-
Andrew F. Patrick, James Pratt, Ezekiel Darling and Stephen poi'ated.
Roundy, and their associates and successors, be and they hereby
are constituted a body politic and corporate, by the name of the
Trustees of the Methodist Religious Society in Marblehead ;
and the said corporation by the same name are hereby declared Powers and
and made capable in law to sue and be sued, to plead and be im- Privileges.
pleaded, to have a common seal, and the same to alter and renew
at pleasure ; to make rules and by-laws for the regulation and
management of their corporate property and estate, consistent
with the laws of this Commonwealth, and generally to do and
execute whatever by law shall appertain to similar bodies politic.

Sect. 2. Be it further enacted, That the number of said Number and
trustees at no time shall exceed seven, four of whom shall con- P^^^rs of trus-
stitute a quorum for doing business. And the said trustees shall,
annually, in the month of March, elect from their own body a
treasurer, who shall give bonds for the faithful performance of
his trust, and who shall have charge of all monies, securities
for monies, and other property and effects belonging to said
methodist religious society. They shall also, at the time afore-
said, elect a secretary or clerk, who shall keep a faithful record
of all their votes, doings and proceedings ; the said trustees shall
have power to make such rules and by-laws as may be necessary
for the management of their affairs and the regulation of their
officers, and also for the raising of money for the support of their
public teacher, for the repairs of their chapel, and for calling such
meetings, from time to time, as are not repugnant to the consti-
tution and laws of this Commonwealth.

Sect. 3. Be it further enacted, That whenever there shall Vacancies, how
occur any vacancy in the board of trustees, by reason of death, ^"^'*-
resignation, or removal from office, the secretary for the time
being, shall notify and call a meeting of the remaining trustees,
as soon as may be, and the minister having the pastoral charge
of said methodist religious society shall nominate suitable persons
being members of said society, and from such nomination the
trustees shall by a majority of votes elect a person to fill such
vacancy.

Sect. 4. Be it further enacted, That the lands and other
property that may be hereafter purchased by or given to the said
trustees, for the use and benefit of the said methodist religious
society, either for the support of the worship of God, or for the
support of the poor of said society, shall be confirmed to the said
trustees and their successors in that trust forever, and the said
trustees and their successors may have and hold, by purchase,
grant, devise, bequest or otherwise, any lands, tenements or he-
reditaments, or other estate, real or personal: provided, the Estate, real and
annual income thereof shall not exceed the sum of two thousand Personal.

244

1824.-

■Chap. 68—69.

Execution of
sealed instru-
ments.

First meeting.

dollars ; and may sell and dispose of the same, and may apply
the rents and proceeds thereof in such manner as shall best pro-
mote the end and design of the said methodist religious society.

Sect. 5. Be it further enacted, That all deeds and instru-
ments requiring a seal, which the trustees shall have lawfully de-
termined to make, shall be sealed with their seal, and being
signed by the treasurer and secretary of said corporation for the
time being, and duly acknowledged, shall be good and valid in
law.

Sect. 6. Be it further enacted, That James Pratt, herein
before named, is hereby authorized and empowered to call the
first meeting of the trustees, giving to each of the other of said
trustees, seven days previous notice of the time and place of
holding the same. [Feb, 12, 1825.]

Chap. 69.

Persons incor-
porated.

Powers and
privileges.

Officers, by-
laws.

Right to vote.

When author-
ized to insure.

Investment and
disposition of
funds.

Assessments.

An Act incorporating the Norfolk Mutual Fire Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Ebenezer Fisher, John Endicott, .fosiah J. Fiske,
George Barber, Junior, Henry Gardner, David Shepard, Charles
Davis, Daniel A. Sigourney, Samuel J. Gardner, Josiah S.
Fisher, Pliny Bingham, Ebenezer Fisher, Junior, Erastus
Worthington, George Dixon, Seth Mann, Leonard Everett,
Thomas French, John Ruggles, Samuel Dogget, .Junior, Jona-
than A. Richards, .John W. Child, David Baker, William Ba-
con, Eliphalet Baker, Isaac Whiting, and their associates, shall
be a corporation, by the name of the Norfolk Mutual Fire Insur-
ance company, and possess all the powers and privileges incident
to such corporations, for twenty-eight years.

Sect. 2. Be it further enacted. That said corporation may
choose such officers, and establish such by-laws as they may
deem necessary, not inconsistent with the constitution and laws
of this Commonwealth. In all matters decided in any general
meeting of said corporation, each member shall have a right to
as many votes as he has policies, and may vote by proxy.

Sect. 3. Be it further enacted. That when the sura sub-
scribed by the associates to be insured, shall amount to one hun-
dred and fifty thousand dollars, said corporation shall then be
authorized to insure, for the term of one to seven years, any
dwelling-house, or other building, and household furniture, in the
county of Norfolk, to any amount, not exceeding three quarters
of the value of the pro[)erty insured.

Sect. 4. Be it further enacted. That the funds of the cor-
poration shall be vested in stocks, or loaned on such securities as
the directors may order. And the funds shall be appropriated,
first to pay the expenses of the corporation, and next to pay the
damage which any member may be entitled to recover on his
policy. In case any member shall have a just claim against the
corporation, exceeding the amount of their then existing funds,
the directors shall, without delay, assess such sums as may be
necessary, on the members ; which assessment shall be in pro-

1824. Chap. 69-- 70. 245

portion to the amount of his premium and deposite for seven years,
but shall not in any case exceed double the amount of said pre-
mium [and] deposite.

Sect. 5. Be it further enacted, That whenever any mem- Levy of execu-
ber shall recover judgment against said corporation, he may levy ^'°"^-
his execution on any of their funds ; but if he cannot find suffi-
cient funds, he may levy the same on the private property of any
one of the directors : provided, they refuse or neglect for the
space of sixty days to satisfy the execution, after a demand made
on them for that purpose. And any director who may thus have
his property taken, may sustain an action on the case to recover
compensation therefor of the corporation.

Sect. 6. Be it further enacted, That, as each member of Lien on proper-
this corporation is liable to pay such assessments as the directors 'y'"^"''® •
shall order, and likewise to pay his de})Osite notes given for his
premium ; now to secure the payment of the same, it is hereby
provided, that a policy of insurance shall of itself, without any
other ceremony whatever, create a lien on any dwelling-house or
building insured, and on the land under it : provided, said policy
shall express the intention of the corporation of relying on such
lien. This provision shall not prevent the corporation from re-
ceiving any other kind of collateral security.

Sect. 7. Be it further enacted, That in case it should be- Treasurer may
come necessary to resort to such lien, as is before provided, it rreniiserafter
shall be the duty of the treasurer, before he attempts to compel demanding
payment by selling the insured premises, first to demand payment P^y'"*^"'-
of the insuied, and, in case of his decease, on his legal represen-
tative, and likewise of the tenant of the insured estate. In case
payment is refused, said corporation may then sustain an action
on the case, against the insured, or his legal representative, for
any sum due, either on a deposite note, or by assessment, and
their execution, which may issue thereon, may be levied on the
insured premises ; and the officer making the levy, may sell the
whole or part thereof, at public auction, giving the same notice,
and proceeding in the same manner, as is required in the sale of
equities of redemption on execution. The owner of the estate Owner may
shall, likewise have a right to redeem the estate thus sold, within ''^^«=^"'-
one year : provided, he shall first pay the costs of sale, the exe-
cution, and twelve per cent, thereon.

Sect. 8. Be it further enacted. That this corporation shall Liability to tax-
be liable to be taxed by any general law of the Commonwealth.
Any two members named in this act may call the first meeting, First meeting.
by publishing notice thereof, in the Boston Patriot, and Village
Register published at Dedham. [Feb. 12, 1825.]

An Act to incorporate the Trustees of the Methodist Religious Society in South Bos- (JJiQl), 70.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That William Granville, James Venable, John Stani- Persons incor-
ford, Edward Phillips, Samuel Moor, and Samuel Holbrook, P°'^''^-

246

1824.-

■Chap. 70—71.

Estate, real and
personal.

Sect. 2 repealed
1824 ch. 103.

Vacancies, how
filled.

Election of offi-
cers and by-
laws.

First meeting

and John Norris, be, and they hereby are incorporated into a
body politic, by the name of the Trustees of the Methodist Re-
hgious Society in South Boston, and by that name, they and
their successors in office shah be a corporation forever.

Sect. 2. Be it further enacted, That the said trustees may have and hold any per-
sonal or real estate in South Boston, not exceeding- the sum of fifty thousand dollars,
for the benefit and in the behalf of the Methodist Religious Society in South Boston,
and the same manage and improve, or sell and convey, as the case may require, sub-
ject however to such rules and regulations as may be prescribed and adopted by a
majority of the male members of said melhodist religious society, at any annual meet-
ing thereof

Sect. 3. Be it further enacted^ That whenever any vacancy
may occur in the board of trustees hereby constituted, by death
or resignation, the said methodist rehgious society, by a majority
of the votes of the male members, at any meeting called for that
purpose, may elect one or more persons from the male members
of said church, of twenty-one years of age or upwards, to fill
such vacancy, so that the nutnber of trustees be kept up to
the number of seven forever ; any four of them, duly assembled,
shall be competent to transact any business.

Sect. 4. Be it further enacted^ That said trustees shall
meet at least once in each year, and elect such officers, and pre-
scribe such rules, regulations and by-laws, as they may deem ex-
pedient for the management of their affairs, always keeping a fair
record of all their proceedings.

Sect. 5. Be it further enacted^ That William Granville be,
and he hereby is authorized to call the first meeting of the said
board of trustees, at such lime and place as he may appoint, at
which first meeting there shall be chosen a secretary, a treasurer,
and a president ; also a code of rules, regulations and by-laws
shall be adopted, which shall remain in force one year, and until
altered or amended at any future annual meeting : provided^ how-
ever, that nothing in this act, or in the rule, [rules] regulations and
by-laws of the aforesaid methodist religious society, shall in any
manner be repugnant to the constitution and laws of this Com-
monwealth. [Feb. 15, 1825.] Add. act, 1S24 ch. 105.

Chap

n I An Act to prevent the destruction of the Lobster and Clam Fishery in the town of
* Truro, in the county of Barnstable, and to preserve and regulate the same within the

waters and shores of the said town.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Takln<r of lob- the same, That from and after the passin:: of this act, it shall not
sters and other bg lawful for any porsoii or persons to take any lobsters, clams,
ouuiermit^for- or any other shell-fish, within the waters and shores of the town
bidden. of Truro, witl}out first obtaining a permit in writing from the se-

lectmen of the said town, which they are hereby authorized to
grant to any person or persons, for such sum paid to the use of
said town, and on such conditions as they shall think proper.
And every person offendingagainst the provisions of this act shall,
for every such offence, forfeit and pay the sum often dollars, and
in case the number of lobsters, so unlawfully taken, shall exceed
one hundred, such person or persons shall, in addition to such

Penalties.

1824. Chap. 71—73. 247

penalty, forfeit and pay a further sum of ten dollars for each hun-
dred lobsters so taken, and in that proportion for a larger or
smaller number over the first hundred ; ar.d two dollars for every
bushel of clams or quahogs, including their shells, and in Uiat
proportion for a larger or smaller quantity that shall be so unlaw-
fully taken.

Sect. 2. Be it further enacted, That the waters and shores Line described.
of the town of Truro shall be considered and taken, by this act, to
extend to a line drawn as follows, to wit : beginning at the town
line betwixt Provincetown and Tiuro, on the south side of cape
Cod, at high-water mark, from thence running southerly across
the harbor until it strikes the line at low water-mark, betwixt
Truro and VVellfleet, on the west side of said towns.

Sect. 3. Beit further enacted, That the said town of Tru- Truro may
ro be, and the said town hereby is authorized to choose annually choose fish-war-
such number offish-wardens as it may judge necessary, who shall
be sworn to the faithful discharge of their duty ; whose duty it
shall be to prosecute for all offences against this act ; and all fines
and forfeitures that shall be incurred by virtue of this act, shall
be recovered, the one half to the use of him or them who shall
sue for the same, and the other half to the use of the said town
of Truro, with legal costs of suit, by an action of debt, in any
court proper to try the same. [Feb. 15, 1825]

An Act granting' further time for the payment of the last inslahnent of the capital stock QJJld't), 72.
of tiie Globe Fire and Marine Insurance Company. -*

Sect. 1. BE it enacted by the Senate and House of Repre- I823ch. S6.
sentcUivcs, in General Court assembled, and by the authority of
the same, That the stockholders of the Globe Fire and Marine Further time
Insurance Company, may and shall have a further time of five ^""^^'^•
years from the date of this act, to pay in their last instalment, or
twenty-five per centum of the cnpital stock of said company.

Sect. 2. Be it further enacted. That the second section of Repeal,
the act, entitled " an act to incorporate the Globe Fire and Ma-
rine Insurance Company," so far as it relates to the payment of
said last instalment, or twenty-five per centum of said capital
stock in one year from the first meeting of said company, be, and
the same is hereby repealed. [Feb. 15, 1825.] Add. acts, 1829
eh. 23: 1834 ch. 9.

An Act to establish the Baptist Society in Montgomery. CflGV. 73.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Moses Parks, Holly Clark, Warham Mather, Persons incor-
Benjamin Phillips, Guy Moor, Apollos Moor, Ebenezer Tillot- P°"'^^-
son, and such others as now are, or may hereafter be associated
with them, be, and they hereby are incorporated, by the name of
the Baptist Society in Montgomery, with all the privileges, pow- Powers and
ers, and immunities to which parishes or religious societies in P^'^'leges.
this Commonwealth are entided.

Sect. 2. Be it further enacted, That Moses Parks is here- First meeting.

248 1824. Chap. 73—76.

by authorized to notify the members of the said society, qualified
to vote, to assemble at some suitable time and place in said town
of Montgomery, then and there to elect such officers, to adopt
such by-laws and regulations, and to take such other measures as
they may deem necessary for the proper management of the af-
fairs of said corporation. [Fe6. 15, 1825.]

ChciT) 75 ^^ '^'^^ '° repeal part of an Act, entitled '-An Act to incorporate the Second Parish in

■I ' ' the town of Deerfield," and for other purposes.

1818 ch. 22. Sect. 1. BE it enacted by the Senate and House of Rep-

resentatives, in General Court assembled, and by the authority
of the same, That the sixth section of an act, passed in the year
of our Lord one thousand eight hundred and eighteen, entitled

Repeal. " an act to incorporate the second parish in the town of Deer-

field," be and the same hereby is repealed.

First meeting Sect. 2. Be it further enacted, That the selectmen for the

of First Con. {jp^g being, of the said town of Deerfield, or the major part of

Parish m Deer- i ° , i i i . • i i • j ^ n i

field. them, be, and they hereby are authorized and required to call the

first meeting of the P'irst Congregational Parish in said Deer-
field, by issuing their warrant, directed to some one member of
the same parish, requiring him, by posting up a written notifica-
tion, at or near the new meeting-house, in the same parish, to
give notice to the members of the same, qualified to vote in par-
ish atTairs, to assemble and meet at such convenient time and

Choice of offi- place in said town, as shall be expressed in said warrant, to choose

^"^' such officers as parishes are by law authorized or required to

choose, in the month of March or April, annually, and to trans-
act all other business, matters, and things, which shall, by the
said meeting, be thought necessary or proper for the well being
of the same parish.

Duly of clerk. Sect. 3. Be it further enacted, That it shall be the duty
of the clerk, who shall be chosen and appointed at the said first
meeting, to transfer from the book of records, of the said town
of Deerfield, all voles, matters and things therein recorded of a
merely parochial nature, relating to the concerns of the said first
parish, which have been passed or transacted since the first day
of January, in the year of our Lord one thousand eight hundred
and twenty-three, and to enter and record the same in the book
of records to be procured and kept by the same parish, and the
said clerk, and all future clerks of the said first parish shall be the
legal and proper officer and officers to certify the same, at any
future time, whenever it may be necessary or requisite. [Feb.
15, 1825.]

Chew. 76. ''^" '"^"^^ regulating the taking of Fish in the town of Bridgewaler, in the county of Ply-
■i' ' mouth.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That from and after the first day of June next, it
shall be lawful for the town of Bridgewater to catch the fish called
. shad and alewives in Titicut river, so called, which forms the
boundary line between said town of Bridgewater, and the town of
Middleborough, with a seine or net, and for that purpose they may

1824. CHAl^ 76. 249

sell at public auction for their own benefit, the privilege of catch- Bridgewater

ing said fish in said river, with one seine or net only, fifteen rods prmiTge'of

in length, four days in each week, between the fifteenth day of taking fish.

March, and the first day of June in each year, to commence

at four o'clock on Monday morning, and to end at four o'clock

on Friday morning, any thing in any law of this Commonwealth,

now existing, to the contrary notwithstanding : provided, that Time and man-

the said town of Bridgewater shall, at a legal meeting, between "er of sale.

the first day of September and the last day of December, in each

year, dispose and make sale of, at public auction, for the next

year, and so from year to year, their privilege for catching shad

and alewives with a seine or net, in the river aforesaid, for the

time aforesaid, to such person or persons as shall ofl^er the most

for the same, and give sufficient security for the payment of the

purchase money at such time, and in such manner as the said

town shall order : provided, also, that it shall not be lawful for Proviso.

said town, or the purchaser of said privilege, to catch the fish [Vide further

aforesaid, within seventy five rods of the dam across said river, i825c'h'T4l

known by the name of Pratt's dam.

Sect. 2. Be it further enacted, That the purchaser or pur- Purchaser shall
chasers of said privilesre shall select the place where he or they select the place

.1 o . . r 1 f 1 for taking fish,

mtend to use his or their seme or net, lor the purpose oi eaten- and file a certi-

ing shad and alewives, and shall file a certificate thereof with the ^'^^^^ thereof.

clerk of the town of Bridgewater, on or before the first day of

March in each year ; and no purchaser of the privilege aforesaid,

shall make use of a seine or net for the purpose aforesaid, at any

other place in said river than the place so selected and certified

as aforesaid, during the time afoi'esaid.

Sect. 3. Be it further enacted. That if any person or per- Penalty for
sons shall, at any time or place, other than those admitted by Irary^to^t'e p°o-
this act, catch or destroy the fish aforesaid, in said Titicut river, visions of this
he or they shall forfeit and pay a sum not exceeding twenty dol- ^*^'"
lars, nor less than five dollars, to be recovered by indictment,
complaint, or action of debt, in any court proper to try the same,
one half to the use of the said town of Bridgewater, and the oth-
er half to him who shall sue or prosecute for the same : provid- Proviso.
ed, that in all prosecutions for any violation of this act, by the
fish inspectors, or any other inhabitant of the town of Middlebo-
rough, one half of the penalty shall accrue to that town, instead
of the town of Bridgewater.

Sect. 4. Be it further enacted, That said town of Bridge- Fish inspectors
water shall, at their annual meeting in the month of March or '"be chosen.
April, in each year, choose four or more persons, being free-
holders in said town, whose duty it shall be to see that this act
be duly observed, and to prosecute for all breaches thereof; and
each person so chosen shall be sworn to the faithful discharge of
his duty, and if any person so chosen shall refuse to serve, he
shall forfeit and pay to the use of the town of Bridgewater, the
sum of five dollars, to be sued for and recovered by the town
clerk of said town, and said town shall immediately proceed to a
new choice. [Feb. 15, 1825.] Add. act, 1S25 ch. 74.

VOL. VI. 32

250

1824.-

■Chap. 77—78.

Chap, 11.

Persons incor-
porated.

Powers and
privileges.

1808 ch. G5.

Estate, real and
personal.

Chap. 78.

Gunpowder,
how conveyed
through

Charlestown on
Midd. Canal.

— and how by
land.

— how enclos-
ed.

An Act to incorporate the Williamsburg Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority oj
the same, That Southworth Jenkins, and Joseph Jenkins, their as-
sociates, successors and assigns, be, and they are hereby made a
corporation, by the name of the Williamsburs; Manufacturing
Company, for the purpose of manufacturing woollen, cotton, and
linen goods in the town of Williamsburg, in the county of Hamp-
shire, and for these purposes shall have all the powers and privi-
leges, and be subject to all the duties and requirements con-
tained in an act passed on the third day of March, in the year of
our Lord one thousand eight hundred and nine, entitled " an act
defining the general powers and duties of manufacturing corpo-
rations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That said corporation may
be lawfully seized of such real estate, not exceeding the value of
one hundred thousand dollars, and such personal estate, not ex-
ceeding the value of one hundred and fifty thousand dollars, as
may be necessary for carrying on the manufactures aforesaid.
[Feb. 15, 1825.]

An Act regulating the transportation of Gunpowder in and through the town of Charles-
town.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That from and after the passing of this act, all gun-
powder brought into or conveyed through the town of Charles-
town by the Middlesex canal, in any boat or otherwise, the same
shall be closely and entirely covered with leather or painted can-
vass, and shall proceed without delay, (other than is necessary in
passing locks,) through the Mill pond to Charles river, and to
the place of its destination : provided, nevertheless, that whenever
such boat or other vehicle be impeded in its passage by wind, low
water, or other cause, the same shall be removed at a distance of
not less than one hundred yards from the shore or landing place in
said Mill pond, nor shall it approach said landing place again, un-
less it proceed without delay to Charles river ; and no boat or
other vehicle loaded, or principally loaded with gunpowder, shall
approach another loaded in like manner and belonging to the
same concern within one hundred yards, and no such boat or ve-
hicle shall be allowed to have any fire on board, nor be left with-
out being under the immediate care and inspection of some suit-
able person.

Sect. 2. Be it further enacted. That whenever any quan-
tity of gunpowder, exceeding fifty pounds, is conveyed into or
through said town of Charlestown, otherwise than by the canal,
the same shall proceed, without delay, to the place of its destina-
tion, in carriages or vehicles closely and entirely covered with
leather or painted canvass, and the bottom and sides covered
with some soft substance that shall prevent any dangerous fric-
tion ; and all gunpowder, whether conveyed by land or water
carriage, shall be enclosed in tight casks, boxes or cannisters,

1824. Chap. 78—79. 251

that shall prevent the escape of any particle of their contents ;
and no load of gunpowder shall exceed fifteen hundred pounds,
or be approached or followed by another load of gunpowder,
belonging to the same concern, within two hundred yards, nor
be left without being under the immediate care of some suitable
person : provided^ however^ that the provisions of this act shall Proviso,
not extend to the transportation of gunpowder on the old road
leading from Cambridge common to Maiden bridge, or in any
part of said town of Ciiarlestown north and west of said road.

Sect. 3. Be itfxirther enacted, That gunpowder shall not be when, and how
landed in said town of Ciiarlestown from any vessel or boat, unless "j""/*^ ^'^ '^"*?'
the passage to the powder house by water, is so far obstructed, as and boats.
to render it dangerous or impassable, and in all such cases, when
it is necessary for powder to be landed, it may be done, by an
application for that purpose being first made to one or more of
the firewards of said town, and under his or their direction, it
shall be transported forthwith to the powder house.

Sect. 4. Be it further enacted, That gunpowder found Forfeitures for
within the town of Charlestown aforesaid, in violation of the pro- ^^^^ch of this
visions of this act, may be seized by one or more of the firewards
of said town, and shall be forfeited, agreeably to the provisions of
an act entitled "an act to provide for the safe keeping of gun- 1813 ch. 139.
powder in the town of Charlestown." Provided, however, that Proviso.
the seizure and forfeiture, in consequence of a violation of this
act, shall in no case exceed five hundred pounds of any one load.
[Feb. 15, 1825.]

An Act to incorporate the North River Bridge Company. f^hnrt 7Q

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Edward P. Little, Nathaniel Phillips, together with persons
such other persons as now are associated, or may be hereafter as- porated.
sociated with them, be, and they hereby are made and constituted
a corporation and body politic, by the name of the North River
Bridge Company, and by that name may sue and prosecute, and Powers and
be sued and prosecuted to final judgment and execution, and do privileges.
and suffer all matters and things which bodies politic may or
ought to do and suffer ; and that said corporation shall and may
have full power and authority to make, have and use a common
seal, and the same to break and alter at pleasure.

Sect. 2. Be it further enacted, That the said Edward P. First meeting.
Little and Nathaniel Phillips, may, by posting up notifications at
some public places in the towns of Scituate and Marshfield, warn
and call a meeting of the proprietors, to be holden at any suitable
time and place, after ten days from the first posting up said noti-
fications ; and the proprietors, by a vote of the majority of those
present, or duly represented at said meeting, allowing one vote Right of voting.
to and for each single share : provided, hoivever, that no one pro-
prietor shall be allowed more than ten votes, shall choose a clerk,
who shall be sworn to the faithful discharge of said office, and
shall also agree on a method of calling future meetings, and may

incor-

252 1824. Chap. 79.

By-laws. elect such officers, and make and establish such rules and by-laws,

as to them may seem necessary or convenient for the regulation
and government of the said corporation, and for collecting the
Penalties. toll hereinafter granted, and may annex penalties to tlie breach of

any by-laws, not exceeding ten dollars ; and all rules, regulations
and proceedings of said corporation shall be fairly and truly re-
corded by the said clerk, in a book or books to be provided for,
and kept for that purpose.
Location of Sect. 3. Be it further enacted, That the said proprietors

bridge. \jq^ ^^^^ ([^qj hereby are authorized and empowered to erect a

biidge over North river, between the towns of Scituate and
Marshfield, in the county of Plymouth, near the dwelling-house
of Edward P. Little, with a convenient draw, at least thirty feet
wide, for the passing of vessels ; and the said proprietors shall
constantly keep some suitable person or persons at the said
bridge, who shall raise said draw for any vessel that may be pass-
ing up or down said river, free of expense to the owners thereof:
Penalty for no- and provided, that when said bridge is opened to receive tolls, if
gieciing to raise ^^g jjersou, whose duty it shall be to raise the draw for the pas-
sage of vessels, shall unreasonably neglect or refuse to do the
same, the proprietors of said bridge 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.
Rates of toll. Sect. 4. Be it further enacted, That a toll be, and hereby

is granted and established for the sole benefit of said proprietors,
according to the rates following, to wit : for each foot passenger,
one cent ; for each horse and rider, five cents ; for each horse
and chaise, chair, sulky or sleigh, ten cents ; for each coach,
chariot or phaeton, twenty cents : for each sleigh drawn by more
than one horse, sixteen cents ; for each cart, sled or other car-
riage of burthen, drawn by one beast, eight cents, if drawn by
more than one beast, ten cents ; for each horse without a rider,
and for neat cattle, two cents each ; for sheep and swine, six
cents for each dozen ; and one person, and no more, shall be al-
lowed to each team as a driver, to pass free of toll. And the
toll shall commence on the day of first opening the said bridge,
and shall continue for the term of seventy years. And at the
place where the toll shall be received, there shall be erected, and
constantly exposed to view, a sign-board, with the rates of toll
fairly and legibly written or painted thereon in large letters : pro-
Provisos, vided, nevertheless, that the Legislature shall have a right, at any
time after the expiration of fifteen years, to alter and regulate anew
the rates of toll to be received by said proprietors : provided,
also, that when the receipts of toll or income of said bridge shall
have amounted to a sum sufficient to defray the expense of build-
ing, repairing and sustaining the same, and paying an interest of
nine per cent, on the first cost, the said bridge shall revert to the
Commonwealth ; or when the inhabitants of the towns of Scitu-
ate and Marshfield shall remunerate the said proprietors for the
expense of said bridge, with nine per cent, interest thereon (de-

1824. Chap. 79—80. 253

ducting what may have been received by tolls,) said bridge may
be opened free of toll, any thing in this act to the contrary not-
withstanding.

Sect. 5. Be it further enacted^ That the said proprietors Proprietors re-
be, and hereby are authorized and obliged to lay out make and 'j'^road. '° "'^''^
maintain a good and convenient road over the salt marsh, and a
small island of upland adjoining the north end of said bridge, in
the town of Scituate, until it comes to the main upland, being

about eighty three rods. And the said proprietors shall be hold and pay

en to pay all damages which shall arise to any person, by taking ^"^'^s^"-
his or her land for such road, where it cannot be obtained by
voluntary agreement, to be estimated by a committee to be ap-
pointed by the court of sessions for the county of Plymouth,
saving to either party the right of trial by jury, according to the
law which makes provision for the recovery of damages happen-
ing by laying out public highways.

Sect. 6. Be it further enacted, That the said bridge shall
be well b.uilt, with suitable materials, at least twenty two feet
wide, and covered with planks, with sufficient rails on each side.
And the said bridge shall be kept in good repair at all times ; and
when the said bridge is built, the clerk of the proprietors shall The clerk of the
make a return into the office of the secretary of the Common- make're°urn° to
wealth, of the actual expense of building the same ; and at the the secretary's
end of fifteen years from the time of opening said bridge, the ° ^®'
clerk aforesaid shall make a return into the said secretary's office,
stating the amount of receipts, expenditures and dividends during
the said term of time.

Sect. 7. Be it further enacted, That if the said proprietors Conditions of
shall neglect, for the space of four years from the passing of this "^'"^ ^*^'-
act, to build and erect said bridge, then this act to be void and
of no effi^ct. [Feb. 15, 1825.]

An Act to incorporate the Proprietors of Christ Church in Leicester. C^hfW 80

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Samuel Hartwell, Seth Hartwell, Hezekiah Persons incor-
Stone, Abraham F. Howe, John B. Shaw, Henry K. New- P°^^'«'^-
comb and James Anderton, with such as may hereafter associate
with them, with their polls and estates, according to law, be, and
they hereby are incorporated into a religious society, by the
name of Christ Church in Leicester, with all the privileges, Powers and
powers and immunities to which religious societies are entitled privileges.
by the constitution and laws of this Commonwealth, and accord-
ing to the rights and discipline of the protestant episcopal church
of the United States of America.

Sect. 2. Be it further enacted. That Samuel Hartwell, First Meeting.
Esq. be, and he hereby is authorized to issue his warrant, direct-
ed to some principal member of said society, requiring him to
warn the members of said society, qualified to vote, to assemble
at some suitable time and place in said Leicester, then and there
to choose such officers as they shall see fit, and as parishes are

254

1824.-

-Chap. 80—82.

Chap. 81

Persons incor-
porated.

Powers and
privileges.

Estate, real and
personal.

First Meeting

Chap. 82,

Persons incor-
porated.

Powers and
privileges.

1804 ch. 125.

First Meeting.

by law required to choose in the month of March or April, an-
nually, and to transact such other business as may be necessary
or proper to be done and transacted by said society. \^Feb. 15,
1825.]

An Act to incorporate the Franklin Typographical Society.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Amos Sampson, Andrew Wright, Samuel W.
Mortimer, William H. Cook, Peter H. Richards, Hiram Ad-
ams and John M. Howes, and their associates and successors,
be, and they are hereby incorporated, and made a body politic,
by the name of the Franklin Typographical Society, and by that
name shall be a corporation, with power to have a common seal,
to make contracts relative to the objects of their institution, to
sue and be sued, to establish by-laws and orders for the regulation
of said society, and the preservation and application of the funds
thereof: provided, the same be not repugnant to the constitution
or laws of this Commonwealth ; to take, hold and possess any
estate, real or personal, by gift, grant, subscription, purchase,
devise, or otherwise, and the same to improve, lease, exchange,
or sell and convey, for the sole benefit of said institution : pro-
vided, that the value of the real estate of said society shall never
at any one time exceed five thousand dollars, nor the value of the
personal estate exceed ten thousand dollars.

Sect. 2. Be it further enacted. That any three of the per-
sons named in this act be, and they are hereby empowered, by
advertisement in any one or more newspapers printed in Boston,
to call a meeting of the members of the said society, to be holden
at such convenient time and place as shall be appointed in said
advertisement, to organize the said society, by the election and
appointment of its officers. [^Feb. 15, 1825.]

An .4.CT to incorporate the Gore Turnpike Corporation.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of the
same, That Samuel Slater, Thomas Keith, Willard Arnold,
Paul Dudley, their associates, and such as may hereafter associ-
ate with them, their successors and assigns, shall be a corpora-
tion, by the name of the Gore Turnpike Corporation, for the
purpose of making a turnpike road froin the meeting-house in
Douglas to the factory of Samuel Slater, Esq. in Slater's village,
in the southwesterly part of Oxford, in the county of Worcester,
in the most direct and convenient way ; and for this purpose shall
have all the powers and privileges, and be subject to all the du-
ties, requirements and penalties, contained in an act, entitled
" an act defining the general powers and duties of turnpike cor-
porations," passed on the sixteenth day of March, in the year of
our Lord one thousand eight hundred and five, and the several
acts in addition thereto.

Sect. 2. Be it further enacted, That any two of the persons
named in the first section of this act, are authorized to call the
first meeting of the said corporation. [Feb. 16, 1825.]

1824. Chap. 83. 256

An Act to incorporate the Trustees of the Ashley School and Charitable Fund. CIlClT) 83

WHEREAS, Deacon John Asliley, late of West Springfield,
in the county of Hampden, deceased, devised and bequeathed
the remainder of his estate, after the payment of certain specific
legacies and bequests, to trustees named in his will, for the sup-
port of schools in the town of West Springfield, and for the
propagation and difilision of Christian knowledge ; therefore, in
order that the intention of the said testator may be carried into
effect :

Sect. ] . BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Heman Day, Esquire, Jonathan Parsons, Gen- Persons incor-
tleman, Samuel Lathrop, Esquire, and Justin Ely, Esquire, be, P°''^^^^-
and they are hereby constituted a body politic and corporate, by
the name of the " Trustees of the Ashley School and Charitable
Fund," and by that name shall have perpetual succession, may
sue and be sued, may have a common seal, and possess all the Powers and
powers Incident to corporations by the laws of this Common- pr'^'l^ges.
wealth, which are necessary to enable them to carry into effect
the last will and testament of Deacon John Ashley, aforesaid,
and to execute the trust reposed in them by that instrument.

Sect. 2. Be it further enacted, That the said trustees are Management
authorized to demand, take, and receive all such sums of money, ^"^, "imposition
or other property, as are bequeathed or devised to them, by said
last will and testament, and shall divide the same into two dis-
tinct funds, two third parts thereof, into a fund for the support of
schools in the said town of West Springfield, the interest of
which shall be annually appropriated and apportioned among the
several school districts in said town, for the purposes, and con-
formable to the directions in said will ; the other third part there-
of, into a fund for the propagation and diffusion of christian
knowledge, the interest of which shall be annually paid, one
half part thereof to the treasurer of the society for foreign mis-
sions, and the other half towards the support of missionaries with-
in the United States : provided, nevertheless, that the said trus-
tees may at any time discharge themselves of that part of their
trust, which relates to the propagation and diffusion of christian
knowledge, by paying over one half part of the principal to the
treasurer of the society for Foreign Missions, and the other half
to the treasurer of the Hampshire Missionary Society.

Sect. 3. Be it further enacted. That the said trustees shall Trustees shall
have power to fill the vacancy now existing in their body, by the 'jjy^ P"^^'^"^ '°

I *f O J ' J nil VclC3IlClGS

death of Ruggles Kent, one of the trustees named by the said
John Ashley, and shall, at all future times, have the like power
of filling all vacancies which may exist in their board, and when-
ever their number shall be reduced below five, shall fill the va-
cancy at the first meeting which shall be holden thereafter, by
some person qualified according to the provision of said will ;
said trustees shall have power to appoint a clerk, who shall be —appoint a
under oath, faithfully to record all votes and transactions of the ^^^^^ treasurer,
board ; a treasurer, who shall give bonds to the trustees and their

256

1824.-

-Chap. 83—84.

First meeting.

Chap. 84.

Persons incor-
porated.

Election of a
president and
other officers.

Proviso.

Vacancies, liow
filled.

Provi;

successors, with sufficient surety, in such sum as they shall direct,
with condition to do and perform all the duties incumbent on him
as treasurer, and such other officers as they shall think necessary
and expedient to enable them to execute the trust reposed in
them, which officers shall hold their offices until others shall be
chosen and qualified to succeed them.

Sect. 4. Be it further enacted^ That Samuel Lathrop,
Esquire, be, and he is hereby authorized to call the first meeting
of the trustees, at which time they may agree upon the mode of
calling future meetings, which mode they shall be at liberty to
alter at any future meeting. [Fe6. 16, 1825.]

An Act to establish a College in the town of Amherst.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That there be, and hereby is incorporated in the town
of Amherst, in the county of Hampshire, a college, for the edu-
cation of youth ; and that the Rev. Heman Humphrey, D. D.,
Hon. William Gray, Hon. Marcus Morton, Rev. Joshua Cros-
by, Hon. John Hooker, Rev. Joseph Lyman, D. D., Israel E.
Trask, Esq., Rev. Jonathan (^oing, Elisha Billings, Esq., Rev.
James Taylor, S. V. S. Wilder, Esq., Rev. Joseph Vaill,
Hon. Jonathan Leavitt, Rev. Alfred Ely, Hon. Lewis Strong,
Rev. Francis Wayland, Junior, and Elihu Lyman, Esq., be, and
hereby are constituted a body corporate, by the name of the
Trustees of Amherst College ; and that they and their sucessors,
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 of said corporation,
the said trustees shall have power and authority, from time to
time, as occasion may require, to elect a president, vice-presi-
dent, secretary and treasurer, and such other officers of said cor-
poration as may be found necessary, and to declare the duties and
tenures of their respective offices ; and also to remove any trus-
tee from the same corporation, when, in their judgment, he shall
be rendered 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 number of mem-
bers, (including the president of said college, for the time being,
who shall, e.r-q^c?"o, be one of said corporation,) shall never be
greater than seventeen, and that the five vacancies which shall
first happen in the board of trustees, shall be filled, as they oc-
cur, by the joint ballot of the Legislature, in convention of both
houses ; and whenever any person so chosen by the Legislature
to fill such vacancy, or his successor, shall cease to be a member
of the corporation, his place shall be filled in like manner, and so
on, forever. And it shall be the duty of the trustees to fill all
other vacancies of their board, as soon after they occur as rea-
sonably and conveniently may be done : and provided, further,
that as vacancies shall occur in said board, they shall be so filled

1824. Chap. 84. 257

that the said board shall, as soon as may be, and forever after,

consist of seven cleri^ymen and ten laymen ; and the Rev. He- First meeting.

man Humphrey, D. D., is authorized to fix the time and place

of the first meeting of the said trustees, and to notify each of them

thereof, in writing.

Sect. 2. Jlnd be it further enacted^ That the said corporation officers, duties,
shall have full power and authority to determine at what times and and salaries,
places their meetings shall be holden, and the manner of notifying
the trustees to convene at such meetings ; and also from time to
time to elect a president of said college, and such professors, tu-
tors, 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 corporation are further empowered
to purchase or erect, and keep in repair, such houses and other
buildings as they shall judge necessary for the said college ; and
also to make and ordain, as occasion may require, reasonable
rules, orders and by-laws, not repugnant to the constitution and Rules, orders,
laws of this Commonwealth, with reasonable penalties, for the ^"'^ degrees,
good government of the said college, and for the regulation of
their own body, and also to determine and regulate the course of
instruction in said college, and to confer such degrees as are usu-
ally conferred by colleges in New-England, except medical de-
grees : provided; nevertheless, that no corporate business shall be Quorum,
transacted, at any meeting, unless nine, at least, of the trustees
are present.

Sect. 3. ^nd be it further enacted, That the said corporation General pow-
may have a common seal, which they may alter or renew at their ®'^^"
pleasure, and that all deeds sealed with the seal of said corpora-
tion, and signed by their order, shall, when made in their corpo-
rate name, be considered in law, as the deeds of said corporation ;
and that said corporation may sue and be sued in all actions, real,
persona], or mixed, and may prosecute the same to final judg-
ment and execution, by the name of the Trustees of Amherst
College : and that said corporation shall be capable of taking and Estate,
holding in fee simple, or any less estate, by gift, grant, bequest,
devise, or otherwise, any lands, tenements, or other estate, real
or personal : provided, that the clear annual income of the same
shall not exceed thirty thousand dollars.

Sect. 4. And be it further enacted, That the clear rents and Appropriation
profits of all the estate, real and personal, of which the said cor- "'f""*^^-
poration shall be seized and possessed, shall be appropriated to
the endowment of said college, in such manner as shall most ef-
fectually promote virtue and piety, and the knowledge of such of
the languages and of the liberal and useful arts and sciences, as
shall be directed from time to time by the said corporation, they
conforming to the will of any donor or donors in the application
of any estate received, which may be given, devised, or be-
queathed, for any particular object connected with the college.

Sect. 5. Jlnd be it further enacted, That the said trustees be, Transferor
and are hereby authorized to receive all the real estate, goods, ^onSu.^"*^

VOL. VI. 33

258

1824.

-Chap.

Religious free-
dom.

Union of Wil-
liams and Am-
herst Colieg-es.

chattels, choses in action, and property of every description
whatever, which has, heretofore, been given, conveyed, pur-
chased, bequeathed, devised, or in any other way secured, or
engaged to be given, paid, or devised to the trustees of Amherst
Academy, with the intent and for the purpose of establishing and
maintaining a classical or collegiate institution in said town ; and
that all the said funds and estate, as well as all other property
which may be received by them, shall be faithfully and forever
used and appropriated according to the will of the donors : pro-
Proviso, vided, that the several acts and contracts of the Trustees of Am-
herst Academy, relative to the property given for the benefit, and
debts incurred by them for the use of the said collegiate institu-
tion, shall have full force and be equally binding upon the Trus-
tees of Amherst College, as they now are upon the trustees of
said academy.

Sect. 6. »Rnd be it further enacted, That no instructor in said
college shall ever be required by the trustees to profess any par-
ticular religious opinions, as a test of office, and no student shall
be refused admission to or denied any of the privileges, honors,
or degrees of said college, on account of the religious opinions he
may entertain.

Sect. 7. ^nd be it further enacted, That if it shall hereafter
appear to the Legislature of this Commonwealth lawful and ex-
pedient to remove Williams College to the town of Amherst, and
the President and Trustees of Williams College shall agree so
to do, the Legislature shall have full j)ower to unite Williams and
Amherst Colleges into one university, at Amherst, on such terms
and conditions, and under such government as shall be agreed on
by the majority of a board of seven commissioners, of w hom, two
shall be appointed by each of said colleges, and three by the joint
ballot of the Legislature, in convention of both houses ; and in
case the commissioners, or either of them, on the part of the
Amherst College, shall not be appointed, then the residue of
said commissioners shall have full j)0wer to proceed in the prem-
ises : provided, also, that if the said Trustees of Amherst Acad-
emy shall not, within eight months from the passing of this act,
by a good deed or deeds, assign, convey, and make over to the
said Trustees of Amherst College, their successors, and assigns,
all the real estate, goods, chattels, choses in action, and property
mentioned in the fifth section of this act, to be used and appro-
priated as is therein provided, this act shall be void.

Sect. 8. Andbe it further enacted , That the Legislature of
this Commonwealth may grant any further powers to, or alter,
limit, annul, or restrain any of the powers vested by this act in
the said corporation, as shall be judged necessary to promote the
best interests of the said college, and more especially may ap-
point and establish overseers or visitors of the said college with
all necessary powers for the better aid, preservation, and govern-
ment thereof.
Proviso. Provided, That the granting of this charter shall never be con-

sidered as any pledge on the part of Government, that pecuniary
aid shall hereafter be granted to the college. [^Feb. 21, 1825.]

Condition of
this act.

Legislative
control.

1824. Chap. 85—88. 269

An Act in addition to an Act, entitled '"An Act in addition to an Act to incorporate Qfidj). 85.
the Proprietors of tlie Cheirlestown Jileachery." r'

BE it enacted by the Senate and House of Representatives^ I82i ch. 28.
in General Court assembled, and by the authority of the same, '^^^ ^^- ^•
That the said corporation be, and the same hereby is authorized increase of
to increase the shares of the corporate stock thereof to any num- shafts.
her not exceeding eight hundred. [Fe6. 22, 1825.]

An Act to incorporate certain persons in [Ay] the name of the South Boston Flint (7^fl7). 86
Glass Works. -t^'

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Andrew A. Jones and Daniel Jackson, witli such Persons incor-
other persons as already have, or hereafter may associate with poi^aied.
them, their successors or assigns, be, and hereby are made a cor-
poration by the name of the South Boston Flint Glass Works,
for the purpose of manufacturing glass, and shall have all the Powers and
powers and privileges, and be subject to all the duties and privileges.
requirements, contained in an act passed the third day of
March, in the year of our Lord one thousand eight hundred and
nine, entitled "an act deOning the general powers and duties of isoBch. 65.
manufacturing corporations," and the several acts in addition
thereto.

Sect. 2. Be it further enacted, That said corporation may Estate, real and
be lawfully seized and possessed of such real estate, not exceed- personal,
ing one hundred thousand dollars, and such personal estate,
not exceeding two hundred thousand dollars in value, as may
be necessary and convenient for carrying on the manufacturing of
glass.

Sect 3. Be it further enacted. That either of the persons First meeting,
named in this act, is hereby authorized to call the first meeting of
the members of said corporation, at any convenient time and place,
by giving personal notice to each member, for the purpose of
choosing officers, and making by-laws, and transacting other bu-
siness relating to said corporation. [Feb. 22, 1825.]

An Act in addition lo an Act to incorporate the Salem Laboratory Company. C^hflT) 87

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same, '^^^ '^''^ ^•
That the Salem Laboratory Company be, and hereby is author- Capital maybe
ized to hold and possess personal estate, not exceeding one bun- •"^''eased.
dred thousand dollars, in addition to the sum they are authorized
to hold and possess by the act to which this is in addition.
[Feb. 22, 1825.]

An Act to incorporate the Newburyport Hosiery Company. CKcLt), 88.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Edward S. Rand, Thomas M. Clark, Dudley Persons incor-
A. Tyng, Moses Atkinson, Edward Rand, John Wills, Junior, P"rai«J-
and Ebeiiezer Mosely, widi such oilier persons as have alieady,
or may hereafter associate with ihem, their successors and as-
signs, be, and they are hereby made a corporation, by the name

260 1824. Chap. 88—90.

of the Newburyport Hosiery Company, for the purpose of man-
ufacturing stockings, and other hosiery, at Newburyport, in the

Powers and pri. county of Essex, and for that purpose shall have all the powers

vileges. gi^j privileges, and be subject to all the duties and requirements,

contained in an act passed the third day of March, in the year

1808 ch. 66. of our Lord one thousand eight hundred and nine, entitled "an
act defining the general powers and duties of manufacturing cor-
porations," and the several acts in addition thereto.

Capital stock. Sect. 2. Be it further enacted ., That the capital stock of
said corporation shall not exceed one hundred thousand dollars.

Real estate. and that it may be lawfully seized and possessed of such real
estate, as may be necessary and convenient for the purposes afore-
said, not exceeding the value of twenty thousand dollars. [Feb.
22, 1825.]

f^hnn RQ An Act in addilion to an Act, entitled " An Act to incorporate the Provident Inslitu-
KyfiUJJ. OC. ^jjjij jjjj. Savings in the town of Boston."

1816 ch. 92. BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
That to the capital stock of any bank hereafter to be incorporat-
ed in the city of Boston, or to the increased and additional capi-
tal stock of any bank already incorporated in said city of Boston
Authorized to hereafter to be authorized ; the said provident institution for
subscribe to saviuffs in the town of Boston shall be, and hereby is authorized

bank stock. b i -i i • r • c

and empowered to subscribe, by its treasurer, tor any portion oi
said newly incorporated or increased and additional stock, not
exceeding one twentieth part, at the pleasure of said provident
institution for savings in the town of Boston, on any day before
the time when the first instalment of said newly incorporated or
increased and additional stock may be called for by the said sev-
eral banks respectively ; and shall and may pay for said portion
of said stock so subscribed for, at the par value, in the same
manner as any other stockholder. \^Feb. 22, 1825.] Add.
acts, 1830 ch.'?? : 1833 ch. 57.

>^T f\r\ An Act relative to the boundary lines of the city of Boston and the town of Brook-

Chap. yO. line.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Agreement con- ^^^^ same, That the agreement made by and between the mayor
firmed. and aldermen of the city of Boston, for and in behalf of said

city ; and the selectmen of the town of Brookline, in behalf of
said town, relative to the boundary lines between the said city
and town, be, and the same hereby is ratified and confirmed, and
that henceforth the boundary lines between the said city and
Boundary lines town shall be as follow's, viz. : beginning at a point marked (a)
described. qjj g plan drawn by S. P. Fuller, eleven hundred and twenty

three feet distant westerly from the westerly side of the filling
sluices of the Boston and Roxbury mill dam ; — thence running
northwesterly from the said point (a) at an angle of one hundred
and fifteen degrees from the mill dam, until it strikes the centre
of the channel of Charles river ; and also running from the said
point (rt) southerly, at an angle of one hundred and three degrees

1824. Chap. 90—93. 261

forty minutes, until it strikes the centre of the channel of Muddy
river, at a point where the respective boundaries of Boston,
Brookline and Roxbury meet each other.

Sect. 2. Be it further enacted, That the boundary lines County lines
between the counties respectively of Suffolk and Norfolk, so far ^"^''^d-
as they are affected by this act, shall hereafter conform to the
said boundary lines between the said city and town, and the same
are declared and established to be the boundary lines between
the said counties respectively, any thing in any former act to the
contrary notwithstanding : provided, hoivever, that the several Proviso.
laws regulating the ereciion of buildings within the city of Bos-
ton, shall not extend to the land hereby transferred from said
town of Brookline to the said city. [Feb. 22, 1825.] Add.
act, 1825 ch. 128.

An Act to incorporate the First Universalist Society in Taunton. CKcLT) 92

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Alfred Baylies, Miles Stoddard, William W. Persons incor-
Crossman, Charles Foster, John Smith, Isaac Babbitt, Samuel P°""a'ed.
Caswell, Junior, Leonard Grossman, William N. Spinney,
James Thurber, John Baylies, Alexander Black, Caleb B.
Porter, Walter H. Atwood, Daniel Trask, Abisha L. Eddy,
Caleb Churchill, Marston Churchill, Joseph Hood, William
Presbury, third, Luther Chase and Nathan King, Junior, with
their families and estates, together with such others as may here-
after associate with them, and their successors, be, and they are
hereby incorporated into a society, by the name of the First
Universalist Society in Taunton, in the county of Bristol, with Powers and
all the powers, privileges, rights and immunities to which parishes P'''^''^&es-
and other religious societies are entitled by the constitution and
laws of this Commonwealth.

Sect. 2. Be it further enacted, That any justice of the First meeting.
peace for the county of Bristol, upon application therefor, is
hereby authorized to issue his warrant, directed to some member
of the said First Universalist Society, requiring him to notify
and warn the members thereof to meet at such convenient time
and place as shall be appointed in said warrant, to choose such
officers as parishes are by law empowered and required to choose
at their annual meetings. [Feb. 22, 1825.]

An Act to incorporate the Second Baptist Society in Boston. C^hnrt Q"^

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That Thomas Badger, Jacob Hilar, Heman Lincoln, Benjamin Persons incor-
Shurtleff, Thomas Edmans, and Robert Fennelly, with their P°'"^'^*^-
associates and successors, be, and they are hereby incorporated
by the name of the Second Baptist Society in Boston, with all Powers and
the powers and privileges to which other religious societies are P'"'^''*^^^^-
eniided by the constitution and laws of this Commonwealth, and
the aforesaid Thomas Badger and Jacob Hiler, or either of them, First meeting.
are hereby authorized to call the first meeting of said society by
giving due notice thereof. [Feb. 22, 1825.]

262 1824. Chap. 94—95.

Q/V An Act for the preservation and regulation of the Fishery in the towns of Edgarlon,
Chiimark and Tisbury.

Chap.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled^ and by the authority of
Taking offish the Same, That fioin and after llie first day of March next, it
'" TbTV^^^^ shall not be lawful for any j)erson living without the jurisdiction
of this Commonwealth, to take any lobsters, tautog, bass, or oth-
er fish, within the harbors, inlets, coves or waters of the towns
of Edgarton, Chiimark and Tisbury, for the purpose of carrying
them away from said waters, in smacks or vessels owned within
Penalty. this Commonwealth over fifteen tons ; and any and every person,

offending against the provisions of this act, shall forfeit and pay
the sum of ten dollars for every offence, and also forfeit all the
fish and lobsters so taken.
Extent of prohi- Sect. 2. Be it further enacted, That the waters and shores
bition. Qf tj^g sgjfj towns of Edgarton, Chiimark and Tisbury, shall be

considered and taken by this act to extend from the whole coun-
ty of Dukes to all the waters and rocks lying within one mile of
the said county.
Appropriation Sect. 3. Be it further enacted. That all fines and forfeitures
of fines. whicli may be incurred for offences against this act, shall be one

half to him or them, who may first sue for the same, and the other
half to the use of the town to which the complainant belongs ;
and the said fines and forfeitures may be recovered, with legal
costs of suit, by action of debt or information, before any justice
of the peace for the county of Dukes ; and any person or per-
sons aggrieved at the sentence of the justice of the peace, given
in pursuance of this act, may appeal therefrom to the next court
of common pleas, to be holden in the county in which judgment
may be rendered. [Feb. 22, 1825.]

f^hnn 95 ■^^ ^^^ '° incorporate the Institution for Savings in Roxbury and its vicinity.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
Persons incor- of the Same, That Nathaniel Dorr, Charles Davis, Jonathan
porated. Dorr, Isaac Davis, John Lemist, Enoch Barilett, Eliphalet Por-

ter, John Bartlett, Samuel J. Gardner, Joseph Curtis, Ralph
Haskins, Samuel Guild, Samuel Dogget, John Prince, David
S. Greenoiigh, Ebenezer Crafts, Stedman WilliaiDs, Benjamin
Weld, William H. Spooner, Benjamin Billings and Jonathan
Richards, be, and they hereby are incorporated into a society,
by the name, style and title of the Institution for Savings in
Roxbury and its vicinity, and that they, and such others as may
be duly elected members of the said corporation, as is in this act
provided, shall be and remain a body politic and corporate, by
the same name forever.
May receive Sect. 2. Be it further enacted, That the said society and

and use depos- corporation shall be capable of receiving from anv person or per-
sons, disposed to obtain and enjoy the advantages of said institu-
tion, any deposit or deposits of money, and to use and improve
the same, for the purposes, and according to the directions herein
mentioned and provided ; and all such deposits of money, re-

1824. Chap. 95—96. 263

ceived by the said society, shall be used and improved to the
best advantage of the owners thereof; and the net income or
profit thereof shall be, by the said society, applied and divided
among the persons making the deposits, their executors, admin-
istrators, or assigns, in just proportion to each depositor ; and
the principal of such deposits may be withdrawn at such time
and in such manner as the said society shall direct and appoint.
And the said corporation may, at their first meeting, and at their
annual meetings in December, have power to elect, by ballot,
additional members of the said society.

Sect. 3. Be it further enacted, That the said corporation May have a
may have a common seal, which they may change and renew at s«a), and make

*> ^ J J o coDVGyu.ncGS.

their pleasure ; and that all deeds, conveyances, and grants, cov-
enants and agreements, made by their treasurer, or any other
person, by their authority and direction, according to their insti-
tution, shall be good and valid ; and the said corporation shall at
all times have power to sue and be sued, and may defend, and
shall be held to answer by die name aforesaid.

Sect. 4. Be it further enacted, That the said society shall Annual meeting
hereafter meet at Roxbury, at such time in the month of De- '°/ £'*^ eiecuou

. . ol oiTiccrs.

cember annually, and at such other times as the society or the
president thei'eof may direct, and any seven members of the
said corporation (the president, a vice president, treasurer, or
secretary, being one) shall be a quorum ; and the said society,
at their meeting in December annually, shall have power to elect
a president, and all such other officers as to them shall appear
necessary ; which officers, so chosen, shall continue in office
one year, and until others are chosen in their stead ; and the
secretary and treasurer so chosen, shall be under oath to the
faitiiful performance of the duties of their offices respectively ;
and they shall also have the power of making by-laws, for the By-laws.
more orderly management of the business of the corporation :
provided, such by-laws are not contrary to the constitution and
laws of this Commonwealth.

Sect. 5. Be it further enacted, That any three of the per- First meeting,
sons named in this act are hereby empowered, by public notifi-
cation in two newspapers printed in Boston, to call and notify
the first meeting of the said society, at such time and place as
they may judge proper. [Feb. 22, 1825.]

An Act to establish the Easton Lead and Silver Mining and Manufacturing Company, /^'/i/y^ Qfi

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Jonathan Leonard and Rhodolpho Leonard, to- Persons incor-
gether with such others as may hereafter associate with them, P'"^^'^''-
and their successors or assigns, be, and they are hereby made a
corporation, by the name of the Easton Lead and Silver Mining
and Manufacturing Coinpany, for the purpose of mining for lead
and silver, and of manufacturing the same, in the town of Easton,
and for this purpose shall have all the powers and privileges, and Powers and
be subject to all the duties and requirements, prescribed and privileges.

264

1824.-

■Chap. 96—97.

1808 ch. 65.

Estate, real and
personal.

Chap, 97.

Persons incor-
porated.

Power to ap-"
point necessary
officers,

— and to raise
monies.

First meetins

Sale of delin-
quents' IcUids.

contained in an act passed on the third day of March, in the year
of our Lord one thousand eight hundred and nine, entitled " an
act defining the general powers and duties of manufacturing cor-
porations," and the several acts in addition thereto.

Sect. 2. Be it further enacted^ That the said corporation
may lawfully hold and possess such real estate, not exceeding the
value of fifty thousand dollars, and such personal estate, not ex-
ceeding the value of thirty thousand dollars, as may be necessary
and convenient for the purpose of carrying on the business afore-
said. IFeh. 22, 1825.]

An Act to incorporate the Proprietors of the Meadows eastward of the causeway lead-
ing to Farm Neck.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That from and after the passing of this act, the owners
of the meadows, lying easterly, and above the causeway leading
to Farm Neck, and westerly and below the great pond in the town
of Scituate, county of Plymouth, be, and they hereby are incor-
porated by the name of the Proprietors of the Farm Neck Marsh-
es, and by that name may sue and be sued, and do and suffer all
such acts and things as like bodies corporate, may and ought to
do and suffer. And the said proprietors shall have power, from
time to time, to appoint a clerk, assessors, collector, and all other
officers necessary for the conducting of their concerns, who shall
be severally sworn to the faithful discharge of their respective
trusts, and the said corporation, at any legal meeting called for
that purpose, shall have power to raise monies for the purpose of
erecting, repairing, and maintaining gates and dams, or to carry
into effect any other measure for the draining of said meadows,
which a majority of said proprietors, at any legal meeting, may
deem expedient. And all monies so raised, shall be assessed on
the several proprietors according to the number of acres of said
meadows, he or she may own. And at meetings of said propri-
etors, each proprietor present shall be entitled to as many votes
as he or she owns acres of said meadows ; if any proprietor
present shall so require the votes to be taken. And at the first
meeting of said corporation, they shall determine the manner of
calling their future meetings.

Sect. 2. Be it further enacted^ That any justice of the
peace in the county of Plymouth be, and he is hereby empow-
ered and directed, upon application in writing of any three
or more of said proprietors, to issue his warrant to one of the
applicants aforesaid, requiring him to notify and warn a meeting
of said proprietors, at such time and place as he shall think most
convenient, a copy of which shall be posted up at two or more
public places in the town of Scituate, seven days at least before
the time of holding said meeting. And if any proprietor shall re-
fuse or neglect to pay the sum or sums assessed upon him or her
as aforesaid, after thirty days notice, so much of his or her mead-
ow land shall be sold at public vendue, as will be sufficient to
pay the same, with legal costs, after posting up notice of the

1824. Chap. 97—99. 265

lime and place of sale at two or more public places in the town
of ScitLiatc, thirty days at least before the time of sale. [Feb.
22, 1S25.]

An Act to incorporate the Trinitarian Congreq;ational Society in Taunton. Chfirt QQ

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That John Godfrey, Nathaniel Williams, Jesaniah Persons incor-
Sumner, Job King, John Hodges, James Walker, Samuel Dun- P^''^^^'^-
bar, Jesse Smith, Silas Shepard, Samuel Staples, William
Reed, Silas Leonard, Job King, Junior, George Leonard,
Charles Godfrey, Oliver Soper, George Godfrey, Samuel God-
frey, Simeon Tisdale, Zephaniah L. Hodges, Philander W.
Dean, Richmond Walker, John Williams, Susanna Hall, Mary
B. Bush, Betsy Allen, Nancy Littlefield, William Allen West,
Christopher C. Dean, John W. Seabury, Junior, Peleg Sea-
bury, William Dean, David Reed, Jonathan Reed, Roswell
Ballard, and Samuel B. Staples, with such others as may associ-
ate with them, and their successors be, and they hereby are in-
corporated into a society, by the name of the Trinitarian Congre-
gational Society in Taunton, with power to purchase, take and Estate, real and
hold any estate, real, personal or mixed, for the support of the Personal,
ministry and the suitable maintenance of the public worship of
Almighty God, in said Taunton : provided, the same shall not
exceed in value the sum of thirty thousand dollars.

Sect. 2. Be it further enacted, That said society shall May choose
have power annually to choose seven trustees to manage, under nualiy!* ^"'
the direction of said corporation, the funds and other property
thereof, and also such other officers as may be necessary to con-
duct and transact the business of said society, and to make such Rules and by-
rules and by-laws regulating the times and places of holding, and '^^*"
the manner of notifying its meetings, and also such other rules
and regulations, not repugnant to the constitution and laws of this
Commonwealth, as may be found necessary for the convenient
transaction of the business of said society.

Sect. 3. Be it further enacted. That John Godfrey, Na- Trustees ap-
thaniel Williams, John W. Seabury, Samuel Staples, William po'nt^d,
Reed, Silas Shepard, and James Walker, be, and they hereby
are created a body politic and corporate, by the name of the
Trustees of the Trinitarian Congregational Society in Taunton,
and that they and their successors, to be chosen as before in this
act provided, shall so continue forever; and by that name may — their powers,
sue and be sued in all actions, real, personal, and mixed, and pros-
ecute and defend the same to final judgment and execution, and
may hold in trust for said Trinitarian Congregational Society,
and manage, under its direction, such funds and other property
as said society may acquire and place in their hands and posses-
sion, and may have a common seal, and alter the same at pleas-
ure, and make such rules and regulations, not inconsistent with
the constitution and laws of this Commonwealth, as may be ne-
cessary to promote the object of their appointment.

VOL. VI. 34

266

1824.-

■Chap. 99—100.

Chap 100.

Names
changed.

Suffolk.

First meeting. Sect. 4. Be it further enackd, That the first meeting of
said society shall be convened by a warrant to be issued by any
justice of the peace in the county of Bristol, directed to any
member of said society, requiring him to notify the members of
said society to meet at a suitable time and place to be appointed
in said warrant. [Feb. 24, 1825.]

An Act to change the names of the several persons therein mentioned.

BE it enacted by the Senate and House of Representatives^ in
General Court assembled, and by the authority of the same,
That the several persons herein named shall hereafter be known
and called by the names they are hereby respectively allowed
to assume, viz : that Samuel Baker Palmer, mariner, may take
the name of Samuel Baker ; that I'hineas Sargent Denny, may
take the name of Thomas Denny ; that Edward Edes Eayres, a
minor, may take the name of Edward Edes Eayres Gardner ;
that William Holbrook, may take the name of William Reed
Holbrook ; that Noah Langley, trader, may take the name of
Nathan Lang ; that .Jacob Noyes, may take the name of Jacob
Wyatt Noyes ; that Salome Noyes, may take the name of Sa-
lome Hooper Noyes ; that Charles Parker, a minor, may take
the name of Charles Hamilton Parker; that Asa Raymond, .Jun-
ior, may take the name of Edward Asa Raymond ; that Catha-
rine Russell, may take the name of Catharine Graves Russell ;
that Philander Shaw, Junior, may take the name of Joseph Phi-
lander Shaw ; that David Weld, may take the name of Aaron
Davis Weld ; that William Frickey, may take the name of Wil-
liam Tracy ; that John George Booth, may take the name of
(ieorge Erederick Noble ; all of Boston, in the county of Suf-

Essex. folk ; that James Brown, 3d, mariner, of Salem, may take the

name of William James Brown ; that Ruth Ward Bott, a minor,
may take the name of Ruth Susan Safford Bott ; that Betsey
Frye, of Salem, a single woman, may take the name of Martha
Elizabeth Gray ; that Bracket Furbush, of Salem, may take the
name of Bracket Lord ; that Mary Parrott, of Gloucester, may
take the name of Mary Georgianna Parrott ; that Calvin Colman, a
minor, of Rowley, may take the name of William Colman Searle ;
that Samuel Miller Searle, a minor, of Rowley, may take the
name of Thomas Samuel Searle ; that Joseph Vincent, the
fourth, of Salem, may take the name of Joseph Clarkson Vin-
cent ; that Hiram iMcGlathlen, of Salem, may take the name of

Middlesex. Hiram West, all of the county of Essex ; that Nathaniel Brown, of
Charlestown, may take the name of Nathaniel Brown Winship ;
that Charles Chase Gordon, of said Charlestown, may take the
name of Robert Gordon ; that Isaiah King, Junior, of Framing-
ham, may take the name of Isaiah Francis King ; that Elizabeth
Townsend, of Waltham, may take the name of Mary Elizabeth
Townsend ; that John Prince Seaver, a minor, of Newton, may
take the name of John Seaver ; that James Warren, a minor, of
Brighton, may take the name of James Lloyd La Fayette W^ar-

Norfoik. I'en, all of the county of INIiddlesex ; that Samuel Arnold, of

1824. Chap. 100—101. 267

Bralntree, may take the name of John Boss Arnold , that Ebe-

nezor Perry Chase, of Bellingham, may take the name of Ebe-

nezer Chase ; that James Ward, of Roxbury, may take the name

of James Otis Ward ; that Noah Worcester, of Brookhne, may

take the name of Henry Aiken Worcester, all of the county of

Norfolk ; that David Ryder, of Dartmouth, in the county of Bris- Bristol.

tol, may take the name of David Cummings Ryder ; that Thomas

Allen, of New-Bedford, in said county, may take the name

of Thomas Munroe Allen ; that William Fessenden, 3d, of Barnstable. ]

Sandwich, in the county of Barnstable, may take the name of

William H. Fessenden ; that Comfort Haven, a minor, of Bol- Worcester.

ton, may take the name of Clymena Matilda Haven ; that Mary

Aikin Paige, of Hardwick, may take the name of Mary Ann

Aikin Paige ; that Harriet Phelps, of Hubbardston, may take the

name of Mary Harriet Phelps, all of the county of Worcester ;

that Augusta Demond, of Ware, may take the name of Mary Hampshire.

Augusta Demond ; that Reuben Field, of Williamsburg, may

take the name of Lulher Franklin Sanderson ; that Henry

Strong of Northampton, may take the name of William Augustus

Strong, all of the county of Hampshire ; that Payson Kendall, Suffolk.

of Boston, in the county of Suffolk, may take the name of Henry

Payson Kendall ; that Mary Warren, of Lincoln, in the county Middlesex.

of Middlesex, may take the name of Mary Fassit ; that Caroline Essex.

Emery, of Newburyport, in the county of Essex, may take the

name of Caroline Smith Emery ; and the several persons herein

named, shall hereafter be called and known by the names which

by this act they are respectively allowed to assume as aforesaid,

and the same shall be considered as their only proper and legal

names. [Feb. 24, 1825.]

All Act to regulate the Fishery in Ipswich River, within the town of Ipswich. ^j -t r\i

Sect. 1. BE it enacted by the Senate and House of Repre- ^'^^P ^^^'
sentatives, in General Court assembled^ and by the authority of
the same, That from and after the passing of this act, it shall be ipswich may
lawful for the inhabitants of the town of Ipswich to sell and dis- sell the ridn of
pose of the right of taking the fish called shad and alewives, with '^ '"^ '^ ''
seines or dragnets in Ipswich river, within the limits of said town,
one day in each week, according to the provisions of an act con-
cerning said fishery, passed on the twenty-third * day of February, [^The act re-
in the year of our Lord one thousand eight hundred and eleven, ^'^"^^^ '"'s
at such place, as the fish committee of said town shall direct, the one dated 28th
proceeds of such sale to be applied accordins; to the directions of Feb. isii.

•J * . .1 • 1 !• 1810 ch. 117.1

said town, at then" annual meetings.

Sect. 2. Be it further enacted, That any person, other
than the purchaser or purchasers of the aforesaid riglit, or those
employed by them, who shall take any of said fish in Ipswich
river, within said town, with seines or drag nets, shall forfeit and
pay a sum not less than ten dollars, and not exceeding twenty Penalty for'
dollars, for each offence, to be recovered by an action of debt in taking-" fish con-
any court proper to try the same, one half thereof to the use of the visions°onhi's'^°"
said town of Ipswich, and ihe other half to him or them who shall act.
sue for the same. [Feb. 24, 1825.]

268

1824.-

-Chap. 103.

Chap \03.

Persons incor-
poraied.

Powers and
privileges.

Real estate.

Provisos.

Number of
shares.

Assignment of
shares.

An Act to incorporate the Proprietors of the City Hotel in Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Josiah Bradlee, Daniel P. Parker, Thomas B.
Wales, John F. Loring, Cornelius Coolidge, William Lawrence,
Abbott Lawrence, Henry Rice, William H. Boardman, Nehe-
miah Parsons, Lemuel Pope, Junior, Josiah Marshall, .lames
Freeman, William Dehon, Nathaniel P. Russell, Charles Brad-
bury, Samuel Fales, Benjamin Willis, Jesse Putnam, Joseph
Balsh, Titus Welles, Ebenezer Chadwick, Henry Hall, Samu-
el H. Foster, Tasker H. Swett, Elijah Loring, Samuel Bil-
lings, Samuel A. Wells, George Hallet, Jeremiah Fitch, Joseph
Tilden, John Williams, John Dorr, Thomas K. Jones, George
W. Pratt, Ignatius Sargent, George A. Goddard, Samuel C.
Gray, Ebenezer Rollins, and John D. Williams, their associates,
successors, and assigns, be, and they hereby are made and con-
stituted a body politic and corporate, by the name of " The Pro-
prietors of the City Hotel in Boston," for the term of twenty
years, and no longer, and by that name are made capable in law
to sue and be sued, to plead and to be impleaded, to have a com-
mon seal, and the same to alter and renew at pleasure, and gen-
erally to do and perform all acts incident to corporations, accord-
ing to the laws of this Commonwealth, and the provisions, limita-
tions and restrictions in this act contained.

Sect. 2. Be it further enacted, That the said corporation
hereby created, is hereby enabled and empowered to purchase
and to hold, as corporate projierly, any pieces of land, or parcels
of land, adjoining each other within the city of Boston, and there-
on to erect a building or buildings, to be used and improved as a
public hotel, and such halls and other edifices for public use and
accommodation, as the said corporation may deem to be benefi-
cial and expedient : provided, always, that the land and buildings
and appurtenances so had and held by said corporation, shall
never exceed in value the sinn of five hundred thousand dollars :
provided, also, that all the books of said corporation shall be open
to all persons having claims and demands on the said corporation,
and who shall have actually instituted a suit against them : pro-
vided, also, that said corporation shall be authorized and empow-
ered to purchase and hold, as corporate property, such pieces or
parcels of land, not adjoining each other, as may be deemed
necessary for the erection of such stables, bath houses, or other
offices, as shall be required for the use of said city hotel.

Sect. 3. Be it further enacted. That it shall be lawful for
the said corporation to divide their corporate property into a
number of shares, not exceeding five thousand, of the value of
one hundred dollars each.

Sect. 4. Be it further enacted. That the shares in said
corporation shall be personal estate, and that the evidence of pro-
prietorship in shares, shall be a certificate signed by the president
and countersigned by the secretary, and bearing the common seal
of the corporation, and shall be assignable by endorsement under

1824. Chap. 103. 269

the hand and seal of the proprietor, to whom the same shall have
been issued, and the title to any share or shares shall be vested
in any assignee thereof, when the assigned certificate shall be
surrendered, and a new certificate shall have been issued in man-
ner aforesaid to the assignee.

Sect. 5. Be it further enacted, That the said proprietors, choice of direc-
at their first or any subsequent meeting, may choose such a num- ^'"^^ and other
ber of directors as they shall think proper, and a secretary, treas-
urer, and any other oflicer or officers, as said proprietors may
think best; that from their own number the directors shall choose
a president ; and all officers of said corporation shall be annually
elected, unless said proprietors shall otherwise order. Such an-
nual elections shall be held in the city of Boston, on such day in
the month of January, and at such place, as said proprietors may
order ; that public notice shall be given of the time and place of
holding such annual elections, by advertisement in two or more
of the newspapers printed in Boston, ten days at least before the
time therefor appointed.

Sect. 6. Be it further enacted, That in the election of offi- Right to vote,
cers, and in all odier voting in the affairs of said corporation, at
any and all meetings of proprietors, each proprietor shall be enti-
tled to as many votes as he shall have shares : provided, that no
one proprietor shall have more than thirty voles ; absent proprie-
tors may authorize any proprietor to appear and vote in their
behalf, such authority appearing by writing filed with the record-
ing officer of the meeting.

Sect. 7. Be it further enacted, That said corporation shall Assessments.
have power to assess on the several members thereof, from time
to time, such sums of money as may be deemed necessary to
effect the objects of the corporation, not exceeding one hundred
dollars in the whole on each share, and may order at what time
and to whom the sums assessed shall be paid. Provided, always. Provisos,
that two thirds in number and value of the proprietors present at
the meeting in which any assessment shall be voted, shall concur
therein : and provided, also, that no assessment shall be made
unless public notice shall be given of the time, place and purpose
of meeting, by advertisement in tw^o or more of the newspapers
printed in Boston, ten days at least before the time therefor ap-
pointed.

Sect. 8. Be it further enacted. That after an assessment Shares of deiin-
shall have been laid on the shares of this corporation, no assignee I'ort'mayTe'^'
of any share shall be entitled to a certificate in his own name, sold,
until he shall have paid all assessments due on the share or shares
by him claimed, and the said corporation shall have power, by
such rules and regulations as it may establish, to sell at public
auction, and issue a new certificate to the purchaser of any share
or shares whereon any assessment shall be due and unpaid, not-
withstanding any assignment thereof by the delinquent proprietor.

Sect. 9. Beit further enacted. That the said corporation ^"';*'°'"'ze<J to

• 11 1 • 1 I 1 1 c \ exchange, or

IS hereby authorized and empowered to exchange any part ot ttie sell real estate.
land purchased by them for any other land contiguous thereto, if

270

1824. Chap. 103—105.

in the execution of the design of the corporation, such exchange
shall be manifestly expedient for such purpose : provided, that if
in the purchase of any estates contiguous to each other, said cor-
poration shall become possessed of more real estate than shall be
necessary for the purposes of said incorporation, the said corpo-
ration shall be authorized and empowered to sell, alien and convey
any such surplus real estate.

Sect. 10. Be it further enacted. That the shares of pro-
prietors in this corporation shall be liable to be attached on mesne
process, and taken and sold on execution to satisfy judgments
recovered against any proprietor or proprietors, as by law is pro-
vided in similar cases.

Sect. U. Be it further enacted, That the said Bradlee and
his associates, or any three of them, shall have authority to call
the first meeting of the said corporation, by advertising in any of
the public newspapers printed in the city of Boston, ten days at
least before the time of meeting.

Sf.ct. 12. Be it further enacted, That, at the expiration of the term of twenlj' years
all real estate tlicii bclong-ing to the said corporation shall be vested in such persous
as may tiien be members thereof, and their respective heirs and assio^ns, as tenants in
common, in proportion, and accordinff to the number of shares which they may then
hold. {Feb. 24, 1825.] Add. act, 1821 ch. 131.

An Act to incorporate the Trustees of the Theatrical Benevolent Fund in the city of

Boston.

Sf.ct. 1. BEit enacted by the Senate and House of Representatives, in General Court
assciiilihd,and In/ the aulhonty of the same. That James A. Dickson, Thomas Kilner,
.lolni Worrall. Charles Young, and Henry J. P'iim, all inhabitants of Boston, together
wilii such persons as shall hereafter associate with them. be. and they are hereby con-
stituted a body politic and corporate, by tlic name of the Trustees of the Theatrical
Benevolent Fund, and by that name shall have perpetual succession, and may sue and
be sued, implead and be impleaded, may have a common seal, and shall possess and
enjoy such other powers and privileges as are incident to corporations of a like nature.

"Skct. 2. Be it farther enacted. That the said trustees shall have power to take and
rcpeive into their hands and possession all such sums of money as shall be paid or re-
ceived by donation, subscription, or oiherxcise, towards the support and maintenance
of poor, infirm, and distressed persons attached to the Boston theatre, or subscribers to
said fund, from, or attached to other regularly estal>lished theatres in the United Stales,
or of their widows and orphans, so that the whole amount of real estate to be held by
said corporation shall not exceed the sum of twenty thousand dollars, and llie personal
estate shall not exceed the sum of ten thousand dollars.

Sect. 3. Be it further enacted, That the interest accruing from said fund shall al-
wavs be appropriated to the relief of poor and distressed actors, as above, and to their
widows and orphans, and to no other purpose ; and it shall not be lawful for said trus-
tees to appropriate any part of the principal of said fund, and the}' shall use their en-
deavors to preserve the same entire and unimpaired.

Sect. 4 Be it further enacted, Tlwit the said trustees shall have power, and it shall
be their dutj- to fill up all vacancies which may happen in their board by reason of
death, resignation, or otherwise, and the number of said trustees shall never be in-
creased beyond seven, or reduced below three.

Sect. 5. Beit further enacted, That the said corporation shall appoint a president
and a secretary, also a treasurer, who shall give bond to the trustees and their success-
ors with sufficient surety or sureties, conditioned to perform faithfully the duties incum-
bent on him as treasurer; which officers shall hold their respective offices until others
shall be elected in their stead by the trustees of said fund.

Sect. 6. Beit further enacted, That James A. Dickson, Esquire, be authorized to
call the first meeting of the trustees of said fund, for organizing the board, for estab-
lishing all necessary rules and by-laws, for determining the time and manner of holding
fulurc'meetings, for the election of officers, and for transacting any other business which
mav be deemed necessary. {Feb. 24, 1825.] Repealed 1830 ch. 138.

Chctp 105. An Act in addition to an Act. entitled "An Act to incorporate the Trustees of the

Methodist Religious Societ3' in South Boston."

1824 ch. 70. Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority of
the same, That the Trustees of the Methodist Religious Society

Shares of pro-
prietors liable to
attachment.

First meeting.

Real estate to
vest in mem-
bers of the cor-
poration at the
expiration of
the charter.

[12 ft repealed
1824 ch. 131]

C%7l04.

Persons incor-
porateti.

[Repealed
1S30 ch. 138.]

Powers and
privileges.

Power to re-
ceive mone}-.

liiaiitation of
estate.

Appropriation
of interest of
fund.

Trustees may
fill vacancies in
their board.

Corporation
may appoint
officers.

First meetino

1824. CiiAP. 105—108. 271

in Soulh Boston, may have and bold any personal or real estate ^g^'fo^^^*^^' ""'^
in South lioston, not exceeding the vahic of fifty thousand dol-
lars, for tiie benefit and in the behalf of the metiiodist religious
society in South Boston, and the same manage and improve, or
sell and convey, as the case may require, subject however to
such rules and regulations as may be prescribed and adopted by
a majority of the male members of said methodist religious soci-
ety, at any annual meeting thereof.

Sect. 2. Be it further enacted, That the second section of Repeal,
the bill to which this is in addition, be, and the same is hereby
repealed. [Feb. 24, 1825 ]

An Act in addition to an Act, entitled " An Act to prevent the destruction and to reg- f^lj^,^. 1 f\n
ulate the catcliing of llie fisii called Alewives, in their passage up the rivers and ^if'l<>JJ t-yj I »

streams in the town of Ilarvvicli, in the county of Barnstable."

Srct. 1. BE it enacted by tlie Senate and House of Repre- (v."i.V. icfi.)
sentatives, in General Court assembled, and by the authority of
the same, That from and after the passing of this act, it shall not Aiewives not
be lawful for any person or persons to catch, by seining thereof, vvitifsehie".
any of the fish called aiewives, within one mile of the river called
Herring river, in the town of Harwich aforesaid.

Sect. 2. Be it further enacted. That if any person or per- Penalties,
sons shall violate the provisions of ibis act, each person so of-
fending, for each and every such oOence, shall, on conviction
thereof, pay a fine not exceeding three dollars, nor less than one
dollar, if the quantity of fish is less than one barrel ; but if the
quantity shall be one barrel or more, such person or persons so
offending shall forfeit and pay for each and every barrel of fish so
taken, the sum of three dollars.

Sect. 3. Be it further enacted, That any penalties, incurred Penalties, how
by any breach of this act, shall be recovered and appropriated in recoverable,
the manner prescribed by the act to which this is in addition, for
the recovery and appropriation of the penalties incurred under
the provisions of that act. \_Feb. 24, 1825.]

An Act to authorize Josiah Robbins to erect and maintain certain Tide Gates in the (^Jiffn 1 Oft
town of Plymouth. 1

WHEREiVS Josiah Robbins, of Plymouth, has heretofore Preamble,
used the causeway on each side of the town brook, near where it
meets the tide waters in said town, and erected gates across said
brook, adjacent to said causeway, for the purpose of raising a
pond for the successful operation of a cordage manufactory. And
whereas said Robbins has petitioned this court for leave to con-
tinue his gates for the purposes aforesaid.

Sect. I. BE it enacted by the Senate and House of Rep- ^ _ Yiohh'ms ?in-
resentatives, in General Court assembled, and by the authority tiiorized to
of the same. That said Josiah Robbins, his heirs and assigns, pro- '"aTes*
prietors of said cordage manufactory, be, and they hereby are
authorized and empowered to keep up and maintain a gate or
gates across the said town brook, and connected with said cause-
way, for the purpose of stopping the water for the operation of a
cordage manufactory.

Sect. 2. Be it further enacted, That any person sustaining

272

1824.-

-Chap. 108.

Remedy for
damaires.

C. C.P. shall
appoint commit-
tee to estimate
damasres.

Provisos.

Parties may
have a trial by
jury.

Manner of as-
sessing dama-
ges.

any damage in consequence of the erection of said gates, or the
stoppage of said water as aforesaid, unless the same shall be ad-
justed by mutual agreement of the parties, may apply, if within
two years from the passage of this act, to the court of common
pleas, holden within and for the county of Plymouth, for a com-
mittee to be appointed to estimate said damage, and upon such
application, the said court, after fourteen days notice to said Rob-
bins, his heirs or assigns, proprietors of said cordage manufacto-
ry, to appear and shew cause why such committee should not be
api)ointed, shall, if no good cause be shewn to the contrary, ap-
point three disinterested freeholders widiin the same county, at the
expense of said Robbins, his heirs or assigns as aforesaid, which
comn)ittee being first duly sworn before some justice of the
peace, and giving due notice to both parties to appear, if they see
fit, for a hearing before them, shall proceed to the duties of their
appointment, and they shall first inquire whether any damage has
been sustained from the causes aforesaid, and if any, they shall
estimate the same, and shall make return of their doings as soon
as may be into the said court, and upon the acceptance of said
report, judgment may be given thereon, with reasonable costs to
the parly prevailing, and execution issued accordingly : provided^
however^ that nothing in this act contained shall be deemed to
affect any law or laws now in force, or which may hereafter be
made, relating to the fisheries in said town brook, nor to the right
01' rights of any person o)- corporation in relation to said fisheries :
provided^ also, that nothing herein contained shall be deemed
and taken to annul or impair any obligation or agreement hereto-
fore made by said Robbins with any othei' person, in relation to
damages occasioned by the use of said causeway and gates for the
purposes aforesaid.

Sect. 3. Be it further enacted, That if either party shall
be dissatisfied with said award, it shall be lawful for such party to
apply to the said court of common pleas, at the term thereof at
which such award shall be made, for a trial by jury at the bar of
said court, and thereupon the court shall at that or any succeed-
ing term of said court, as may be convenient, empannel a jury to
hear and determine in said court all questions relating to said
damages, and to assess the amount thereof, and the verdict of
such jury shall be final and conclusive upon the parties ; and if
the parly applying for a jury shall not obtain, in case it shall be
the original plaintifl" or applicant, an increase of damages, or in
case it be the original defendant, a decrease of damages, awarded
by the committee as aforesaid, such party shall pay reasonable
costs of such trial, otherwise shall recover reasonable costs, and
upon any judgment rendered on the verdict of such jury, the
court may issue execution accordingly. And if the damages
awarded in either of the modes aforesaid shall not be duly satis-
fied, paid, or tendered, within one year from the rendition of
such judgment, then the grant herein made shall be deemed and
taken to be of no avail ; and the said committee, or the said jury,
shall not assess or allow annual damages to any person complain-

1824. Chap. 108—110. 273

ing as aforesaid, but are hereby required to ascertain and allow
the whole amount of damage which may be sustained by any
complainant, as well for the time to come as for that which is
passed. [Feb. 24, 1825.]

An Act to incorporate certain persons for tiie purpose of building a bridge over Mcr- f^hnjj 110
rimack river, in the county of Middlesex, between the towns of Dracut and Chelnis- r ^'

ford.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That .Joseph Bradley, Ezekiel Cheever, Abijah Persons incor-
Fox, Ezekiel Fox, Peter Heaselton, together with such others Pirated,
as may hereafter associate with them, their successors and as-
signs, shall be a corporation by the name of the Central Bridge Corporate
Corporation, and by that name may sue and be sued to final judg- "^'"*^-
ment and execution, and may do and suffer all such matters, acts Powers and
and things, which bodies politic may and ought to do and suffer, privileges.
And said corporation shall have full power and authority to make,
have and use a common seal, and the same to break, alter, and
renew at pleasure.

Sect. 2. Be it further enacted. That the said corporation Authorized to
shall be, and they are hereby authorized to erect a bridge over ^'"'''^ ^ bridge.
Merrimack river, at Bradley's ferry, (so called) between the
towns of Dracut and Chelmsford, and said bridge shall be well
built of good materials, not less than twenty-eight feet wide, and
well covered wiih plank or timber, and shall always keep one
side-walk, with sufficient rails, and shall be boarded up eighteen
inches high from the floor of said bridge, for the safety of pas-
sengers, and said bridge shall at all times be kept in good, safe,
and passable repair, and when said bridge is built, the clerk of ^'erk to make
the proprietors thereof shall make a return into the office of the [ary'soffice.*^'^*''
secretary of the Commonwealth, of the actual expense of the
building the same, and at the expiration of eighteen years, the
said clerk shall make a return to the said secretary's office, sta-
ting the amount of the receipts, expenditures and dividends dur-
ing the said term of time : provided, hoioever, that the said cor- Corporation re-
poration shall be responsible for, and holden to indemnify any sponsible for

'■ '.',.,, ^ J damages.

person or persons, or corporation, whose mills, property or es-
tate shall suffer damage from any obstruction to the natural course
of the water, caused by the building or continuance of such bridge,
other than to the navigation of said river, in a special action of the
case, or otherwise, so often as any damage shall happen therefrom.
Sect. 3. Be it further enacted, That, for the purpose of
remunerating the said proprietors die money by them to be
expended in building and supporting said bridge, a toll be and
hereby is granted for the sole use and benefit of said proprietors. Toil granted,
equal to that now allowed by law to the proprietors of the Mid- 1795 ch. 60. -
dlesex Merrimack River Bridge at Patucket falls, which toll shall ^gblVhiH^
commence on opening said bridge for passengers and be contin- (v. 3. p. 549.)
ued for the term of seventy years : provided, nevertheless, that Provisos,
the Legislature shall have the right, at the expiration of eighteen
years, to regulate anew the tolls to be received by said proprie-

voL. VI. 35

274

1824.-

-Chap. 110—111.

Right to vote.

First meetinaf.

By-laws.

tors : and provided, also, that whenever the receipts of toll and
income shall have amounted to a sum equal to the expense of
building, repairing and sustaining said bridge, with nine per cent,
on the first cost, said bridge shall revert to the Commonwealth
for public use : or whenever the inhabitants of the towns of Dra-
cut and Chelmsford, shall remunerate said proprietors for the
expenses of said bridge (deducting what may have been received
for toll) the same may be opened free of toll.

Sect. 4. Be it further enacted, That every proprietor in the
said bridge, or his agent duly authorized in writing, shall have a
right to vote in all meetings of the said corporation, and be enti-
tled to as many votes as be has shares in the same : provided,
however, that no proprietor shall be entitled to more than ten
votes.

Sect. 5. Be it further enacted. That Joseph Bradley be,
and hereby is authorized and directed to notify and warn a meet-
ing of said corporation to be holden some time in the month of
March or April next, at such time and place as he may appoint,
by publishing a notice tiiereof in the Chelmsford Courier, two
weeks before said meeting, for the purpose of choosing a clerk,
who shall be sworn to the faithful discharge of his trust ; and
shall also agree on a method of calling future meetings, and at the
same, or soine subsequent meeting, may elect such officers, and
make and establish such rules and by-laws, as shall seem neces-
sary and convenient for the regulation and government of said
corporation, and the same rules and by-laws may cause to be
executed, and may annex penalties to the breach thereof, not
exceeding five dollars : provided, the said by-laws be not repug-
nant to the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted. That the rates of toll on
said bridge shall be written on a sign board in large letters, and
such sign board shall be constantly exposed to view over such
toll house as inay be erected, but no toll shall be demanded from
any person or persons passing said bridge on military duty, and
at all times, when the toll gatherer shall not be attending his duty,
the gate shall be left open for the passage of said bridge free of
toll.

Sect. 7. Be it further enacted. That if the said corpora-
tion shall neglect to erect said bridge for the term of three years,
then this act shall be null and void, [Feb. 24, 1825.] Add.
acts, 1832 ch. 117 : 1833 ch. 218.

Chap 111. An Act in addition to an Act, entitled "An Act to incorporate William Phillips. Jiin-
■'■ ior, and others, into a company by ihe name of the New-England Marine Insurance

Company'." and the Acts in addition thereto,

BE it enacted by the Setiate and House of Representatives, in
General Court assembled, and by the authority of the same.
That the New-England Marine Insurance Company be, and the
said company is hereby authorized to have and to hold real estate
(exclusive of mortgages) to the value of one hundred thousand
dollars, and lease any portion thereof, not used by them for the
transaction of their business, any thing in the acts to which this
is in addition to the contrary notwithstanding. [Feb. 24, 1825.]

Rates of toll
to be written on
a sign-board.

Condition of
this act.

1802 ch. 106.
(v. 3. p. 151.)

1803 ch. 115.
(v. 3. p. 378.)
1822 ch. 9G.
Authorized to
hold additional
amount of real
estate.

1824. Chap. 112. 275

An Act to incorporate the Trustees of the Nortli Baptist Ministerial Church Fund in Chfij) 112
Randolph. J-

Sect. 1. BE it enncled by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Micali White, Jonathan Wales, Junior, and Persons incor-
Seth Mann, Esquires, all inhabitants of the town of Randolph, i^°'^^^^ •
and their successors, be, and they hereby are constituted a body
politic and corporate by the name of the Trustees of the North
Baptist Ministerial Church Fund in Randolph, and by that name
may sue and be sued, plead and be impleaded ; and may have a Powers and
common seal, and shall possess and may enjoy all such other P"^''*^^^^-
powers and privileges as are incident to corporations of like nature.

Sect. 2. Be it further enacted, That the said trustees
shall have power to take, hold, collect and receive all such sub- May receive
scriptions, donations, grants, bequests, and devises of real or per- ''°"^'^'°"s-
sonal property or estate, as have been made to the said North
Church, or may hereafter be made to the said Trustees for the
said North Church, and the same shall be valid and effectual to
all intents and purposes whatever : provided, the annual income proviso,
of such property and estate shall not exceed twelve hundred
dollars.

Sect. 3. Be it further enacted. That the said trustees, to- Trustees and
gether with the donors of the funds already raised for the pur- donors to adopt
pose aforesaid, shall, at a meeting to be called for that purpose ["timis." ^^^^
as herein afterwards provided, adopt such rules and regulations
for the management of said funds as they shall deem expedient,
and such rules and regulations, when so adopted, shall be forever
afterwards unalterable, and binding upon said trustees : provided,
such rules and regulations shall not be repugnant to the constitu-
tion and laws of this Commonwealth ; and the said trustees and
donors shall, at such meeting, prescribe the mode of calling fu-
ture meetings and organizing the same, and determine the number
and duties of such trustees and the manner of supplying vacan- No trustee re-
cies in their number : provided, hoioever, that none of said trus- spo"«''t)ie for
tees shall be responsible for the acts of the others.

Sect. 4. Be it further enacted, That the income of said Appropriation
funds shall be appropriated and expended in compliance with the o'' income,
directions and express intentions of the respective donors. But
no part of the principal or capital amount of said funds shall ever
be expended by said trustees, except in cases of donations or
grants made for the express purpose of having the principal ex-
pended.

Sect. 5. Be it further enacted. That the said trustees first Trustees to file
appointed shall, within three months from the passing of this act, a copy of their
file in the clerk's office of the town of Randolph, a copy of their m lownderk's
permanent rules and regulations, attested by their clerk, which °^'^^-
copy shall and may be used as evidence in all cases, when the
original would be evidence.

Sect. 6. Be it further enacted. That Micah White, Es- First meeting.
quire, be, and he hereby is authorized to call the first meeting of
said trustees and donors, by posting a notification of the time and

276

1824..

-Chap. 112—115.

place thereof, at the north meeting-house in Randolph, fourteen
days prior to said meeting. [Feb. 24, 1825.]

ChcfD 113. ^'^ ■^'^^ '" afld'tion 'o an Act, entitled "An Act to establish the town of Seekonk."

BE it enacted by the Senate and House of Representatives^
1811 ch. 138. ^-jj General Court assembled., and by the authority of the same^
Real estate of That according to the mutual agreement of the towns of Reho-
Rehoboth to be ]^Q^^ gj^^^j geekonk, for an equal division of the real estate owned

cQllHiiy dVlClGQ III •! /*T»iiii/' •

with Seekonk. and possessed by tiie said town ot Kehoboth before the division
thereof, all the said real estate shall he equally divided between
the said towns, and the said agreement of the said towns be, and
hereby is confirmed and made valid, and all the rents, profits,
and income of the said real estate now due and unpaid, or which
may hereafter become due, shall also be equally divided between
the said towns. [Feb. 24, 1825.]

An Act to establish the Weymouth Aqueduct Corporation.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled., and by the authority of
the same, That Abraham Thayer, Ezra Leach, and INIicah
Richmond, and such others as may be associated with them, and
their successors, and assigns, be, and they hereby are constituted
and made a body politic and corporate, by the name of the Wey-
mouth Aqueduct Corporation, for the purpose of maintaining and
extending an aqueduct they have alread)^ constructed, with all the
powers incident to like corporations aggregate.

Sect. 2. Be it further enacted, That said corporation may
hold and possess real estate, not exceeding two thousand dollars,
and personal estate, not exceeding three thousand dollars ; and
that any justice of the peace, in and for the county of Norfolk,
upon the application of said Thayer, or either of his associates
aforesaid, may call the first meeting of said corporation. [Feb.
24, 1825.]

An Act establishing a Free I?ridge in the city of Boston.

Sect. I. SE it enacted by the Senate and House of Representatives, in General
Court assembled, and bij the anthority of the same, Tliat the city government of the
city of Boston are hereby anttiorized and empowered to build and construct, or cause
to be built and constructed, a free bridge, with one or more suitable and sufficient draws
across the water and over the channel, in or near a direction in a straight line, from or
near Sea street, in Boston, to the newly made land at South Boston, and nearly in the
direction of tlie Dorchester turnpike, and to erect a wharf, or pier, on each side of said
bridge, near said draws, for the accommodation of vessels passing through said bridge;
said bridge and wharves to be built upon such terms nw\ conditions, and under such
restrictions and regulations, as to them ma)' appear suitable and proper, and in such
manner as to cause no material obstruction to the ebb and flow of the water through
and under the same. Provided. Iioiverer, that the said city of Boston shall be held to
make compensation to any person or corporation whose land shall be appropriated to
the use of said bridge, and also to any person or corporation who may sustain damage
by the obstruction of navigation, caused bv the erection of said bridge.

Sect. 2. Be it further enacted. That no toll or duty shall ever be e.xacted or paid
for any travel over said bridge, or passing the draws of the same, and the said city shall
always be held liable to keep saitl bridge and draws in good repair, and to raise the
draw of said bridge, and afford all necessarv antl jiroper accommodation to vessels that
have occasion to pass the same bv night or by day, and shall keep the said bridge
sufticienti)- lighted; and if any vessel is unreasonably delayed or hindered in passing
said draw, by the negligence of said city, or of their agents, in discharging the duties
enjoined on ihem by this act, the owners or commander of such vessel shall recover
reasonable damages therefor of said city, in an action on vhe case, before any court
proper to try the same, which action shall be commenced, heard and tried in either of
the counties of Middlese.\ or Essex ; and if the said city shall not, within three 3-ears

ChapiU.

Persons incor-
porated.

Powers.

Estate, real and
personal.

C%;115.

[Repealed
1826 ch. 147.]

Cit)' of Boston
authorized to
construct a free
bridge.

Proviso.

No toll ever to
be exacted.

1824. Chap. 115—116. 277

from the passings of tliis act, locate, construct, build and complete said bridge, agreea- Conditions of
bly to the provisions of this act, then this act shall be void. this act.

Sect. 3. lie it further enacted, That any person or corporation sustaining any Dmnan-cs to be
damage by the building of said bridge, wharves or piers, or Irom the exercise of any esiimaled by a
of the rights or powers hereby granted as aforesaid, may ap|)ly (if within one year from committee,
the time any such damage may have happened) to the court of common pleas wiihin
either of the counties ol Middlesex or Essex, for a conmiiltee to be appointed to esti-
mate the damage ; and upon such application, the court, alter thirty days notice to said
city to appear and shew cause why such committee shoulrl not be appointed, shall, if
no good cause be shewn to the contrary, appoint three or five disinterested freeholders,
within the county in which such application shall have been made, at the expense of
said city, which committee, being first duly sworn before some justice of the peace, to
be nominated by said court, and giving due notice to both parties to appear, if they see
fit, for a hearing before them, shall proceed to the duties of their appointment ; and
they shall first enquiie whether any damage has been sustained from the causes afore-
said, and if any, tlicy shall estimate the same, and where the damage is annual, they
shall so declare the same in their leport, and shall make return of their doings as soon
as may be into the said couit, and upon the acceptance of said re[)ort, judgment may
be given thereon, with reasonable costs to the party prevailing : provided, however, that Parties may
either parly, after the return of said report, maj' clami a trial by jury, and the court claim a trial by
shall thereupon stay judgment on said report, and a trial shall be had b}- jury at the jury,
bar of said court j and if the party applying for a jury shall not obtain, in case it be the
original applicant, an increase of damages, or in case it be the original respondent, a
decrease of the damages awarded by the committee, such party shall pay reasonable
costs of such trial by jury, otherwise shall recover reasonable costs; and upon any
judgment rendered upon the report of such committee, or the verdict of such jury, the
court may issue its execution accordingly, and also from year to year, where the dam-
ages awarded are annual, on motion of the pariy entitled thereto ; and an action of
debt may be maintained on such judgment ; and if upon notice to such city as afore-
said, to shew cause whj' such committee should not be appointed, said city shall appear
and deny the applicant's title to the land damaged, or claim a title to do what is com-
plained of without the payment of damages, or for an agreed composition, the court
shall first order a trial of the issue at the bar of said court, or if there be an issue in law,
shall tr}' it themselves, and in either case, either party may appeal to the supreme
judicial couri as in other cases, and a certificate of the determination of the supreme
judicial court on such appeal, in favor of the original applicant, shall be filed in said
court of common pleas, before such committee shall be appointed ; and where annual After two years
damages are awarded by said committee, or said jury, and judgment had accordingly, either party
each part}' shall be entitled, after two years, to appi}' to said court of common pleas, may apply for a
for an increase or decrease of said damages, and thereupon the same proceedings shall new estimate of
be had as upon the original application. [Feb. 25, 1825.] See 1825 ch. 147. annual dam-
ages.

An Act to incorporate the Trustees of the Ministerial Fund in the First Parish in Box- f^hnr) 1 1 fj

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled., and by the authority of
the same., That Charles Peabody, Josiah Kimball and Thomas Persons incor-
Perley, Junior, inhabitants of the first parish in Boxford, be, and p*""^^^*^-
they hereby are constituted a body politic and corporate, by the
name of the Trustees of the Ministerial Fund in the First Parish
in Boxfoid, and they and their successors shall be and continue
a body politic and corporate, and have perpetual succession for
the due and faithful management of said trust. And they are Powers and
hereby vested with all powers incident to corporations and ne- ^''''g^'^'""'^*
cessary for that purpose, and subject to the duties and obligations
herein after mentioned, and to continue in office until their re-
spective places become vacant by death, removal out of the par-
ish, resignation, or removal from office by the parish, who, at Parish may re-
any meeting duly held for that purpose, may, at any time when move trustees.
in their opinion any of the trustees, by reason of age, infirmity,
misconduct, or other cause, shall be rendered incapable or un-
suitable to discharge the duties of the office, [may] remove such
trustee or trustees : provided., that two thirds of the voters pres-
ent and acting in such meeting agree thereto, and all vacancies
which may be made by death, resignation or otherwise, shall be

278

1824.-

-Chap. 116.

— and fill va-
cancies.

Power of trus-
tees.

Permanent
fund.

Appropriation
of income.

Forfeiture of
funds by misap'
plication.

Duty and re-
sponsibility of
trustees.

filled by the parish, at meetings held for such purposes, each
person to be chosen by ballot, and two thirds of the votes given
in at such meeting shall be necessary to a choice.

Sect. 2. Be it further enacted, That the trustees aforesaid
and their successors in office, be, and they hereby are invested
with power to demand, recover and receive all the estate, money
and obligations which may be derived from the late subscriptions
of Thomas Perley and others, amounting to thirty five hundred
dollars, as on the records of the parish, towards establishing a
permanent fund lor the support of the ministry in the said first
parish in Boxford, and to hold the same as such for the purposes
herein mentioned, and the trustees shall receive and hold all oth-
er subscriptions, donations, grants, bequests, devises and appro-
priations which may hereafter be made for the support of the
ministry in said parish, and the same to hold, use and improve in
the way and manner which may be prescribed by such future
subscriptions, donations, grants, bequests, devises and appropria-
tions.

Sect. 3. Be it further enacted, That the sums already paid
and secured by the subscriptions of various persons shall be held
and improved by the trustees, and the income and Interest arising
thereon shall be received and paid annually by the trustees to the
treasurer of the parish, and by him paid over to the Rev. Isaac
Briggs, as part of his salary, conformable to the conditions of
his settlement in said parish, so long as he shall continue with
them in the ministry, and after he shall cease to be their minister,
the interest arising on said sums shall be annually paid towards
the support of a learned, pious, trinitarlan, congregational minis-
ter, settled by the said parish, with the concurrence of the first
church in Boxford, according to the terms of such subscriptions,
and during all vacancies of a minister settled in said parish, in
manner aforesaid, the trustees shall apply the interest towards
increasing the fund, until thereby, or by other means in addition
thereto, the principal stock of said fund shall amount to ten thou-
sand dollars: provided, hoicever, that if any part of the principal
or interest of the aforesaid subscriptions shall be applied to any
other than the purposes for which they shall have been respec-
tively given, then the several sums subscribed and paid In manner
aforesaid shall revert to the subscribers severally, in proportion
to their several subscriptions, and be recoverable from the trus-
tees or any other person or persons holding the same, by each
one of the subscribers, their respective heirs, executors or ad-
ministrators.

Sect. 4. Be it further enacted, That it shall be the duty of
the trustees and their successors to use, manage and improve
such fund and estate as now is or may hereafter be vested in
them, by virtue of this act, with care and vigilance, so as best to
answer and promote the design thereof; and they shall be amen-
able to the parish for negligence and misconduct in the manage-
ment and disposition thereof. And the Inhabitants of the said par-
ish may maintain a special action of the case against the persons of

1824. Chap. 116—118. 279

said trustees, or against any one of them, as the case may be, for
such personal negligence or misconduct, for adequate damages.
And any and all sums so recovered shall be applied for the ben-
efit of the fund, and paid to the trustees for the time being.

Sect. 5. Be it further enacted, That the said trustees may May io;ui the
loan the principal of the fund on interest, to be secured by bond {([,'",7''^' ""^ ^'"^
or note, with sufficient sureties, at the discretion of the trustees,
or by mortgage of real estate within the county of Essex, of
double the value of the sum loaned, as collateral security for re-
payment of the sum loaned, with interest thereon annually, till
paid, or they may vest the principal in the public stocks or banks
of this Commonwealth ; and they may alienate by good and suf-
ficient deed or deeds, any real estate the title whereof shall be
vested in them by way of mortgage, execution or by operation
of law.

Sect. 6. Be it further enacted., That the said trustees shall Trustees to
cause to be recorded in a book to be by them kept, a correct and'^repon to
statement of the fund and estate in their hands, wherein shall be the parish aunu-
particularly designated (so far as practicable) the nature and ^j,g^ fj^^^'^'^ °
amount of each original subscription, gift, grant, devise, bequest
and appropriation, the period when made, the design thereof,
the names of the grantors, devisors or donors, with his or her
place of abode, and their additions, with such other facts and cir-
cumstances as they shall think useful or proper to distinguish the
same and perpetuate the remembrance thereof. And the said
trustees shall make report of such statement to the inhabitants of
the parish annually, at their meeting in March or April, and the
same shall be publicly read, and shall exhibit to the said parish
their account with the treasurer, expressing their receipts and
payinents, with the state of the fund. And the treasurer shall Treasurer to
exhibit his account with the said trustees to the parish, at the cou'nt'to'thr'
same meeting. And the said parish, at their discretion, may parish annually,
appoint auditors, not exceeding three in number, to examine
said accounts, and the vouchers, and make report to said parish
of the state of the fund with the receipts and disbursements.

Sect. 7. Be it further enacted, That said trustees shall be Compensation
entitled to a reasonable compensation, to be annually allowed and trustees.
paid by said parish, for taking the care and management of said
fund and estate, but no jiart of said fund or estate, or the income
thereof, shall ever be appropriated to that purpose.

Sect. 8. Be it further enacted, That the trustees aforesaid By-laws,
be and they hereby are authorized to adopt such by-laws and
regulations as they may deem necessary and proper for the man-
agement of the aforesaid ministerial fund : provided, the same
shall not be in any way repugnant to the constitution and laws of
this Commonwealth. [Feb^25, 1825.]

An Act in addition to an Act, entitled " An Act to incorporate sundry persons by the CflCCp 118.
name of the Massachusetts Fire Insurance Company," and the several acts in addi- '

tion thereto 1793 ch. 22.

BE it enacted by the Senate and House of Representatives, App!) '
in General Court assembled, and by the authority of the same, }'^^\'^^-f^-
That the Massachusetts Fire and Marine Insurance Company be, App.')''" ^

hammered at
state prison

280 1824. Chap. 118—122.

1805 ch. 47. and the said company is hereby authorized, to have and to hold
real estate, (exclusive of mortgages) to the value of one hundred
hdlfhiTreaslTd thousand dollars, and to lease any portion thereof, not used by
amount of real them for the transaction of their business, any thing in the acts to
^^^^^<^- which this is an addition to the contrary notwithstanding. [Feb.

25, 1825.] Add. acts, 1830 ch. 26 : 1835 ch. 21 : 1836 ch. 39.

Chcip 1 22. ^" ^^"^ '° ^'t' 'he Bunker Hill Monument Association.

jggg , J Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority of
Stone to be the same, That the Bunker Hill Monument Association shall be
entitled to have the stone of which their intended monument may
be constructed, hammered, and prepared to be used, at the state
prison in Charlestown, and the proper officers of the prison are
hereby authorized and required to cause the same stone to be
hammered and prepared accordingly, and in such form and man-
Provisos, ner as the directors of said association may request. Provided,
that the hammering of stone, under the provisions of this section,
shall never exceed in value the sum of ten thousand dollars : and
provided, further, that nothing herein contained shall be so con-
strued as to prevent or retard the fulfilment of any contract for
stone work with any other person or persons whatever.
Governor au- Sect. 2. Beit further enacted, Tliat whenever the direc-

tliorized to dc- ^ r • i • ■ in i i /- i i

liver cannon to tofs 01 said association shall apply therefor, the governor and
the association, council be, and they hereby are authorized and empowered, to
cause to be delivered to said association, the two cannon called
the Hancock and Adams, to adorn the intended monument, and
to be preserved as the earliest of the reliques of the revolutionary
struggle, and to deliver also for the same purpose any two other
cannon, used in the revolutionary war, and now belonging to the
state, as to the governor and council may seem proper.
Directors may Sect. 3. Be it fiirther enacted. That the Bunker Hill Mon-
ta-e an — ument Association be, and the directors thereof acting for said
association hereby are authorized and empowered, to take and to
appropriate to the legal uses of said association, any land on
Breed's hill in Charlestown, which said directors may find to be
necessary in the design of erecting a monument and laying out
the surrounding ground in the appropriate manner, not exceeding
— provided five acres. Provided, alicays, that the said corporation shall,
c.°p.^tor a com- '^^'oi'c the title to said land which shall be so taken, shall vest in
mitiee to ap- said Corporation, apply by petition to the court of common pleas
praise thesamc. j^^ ^^^^ county of Middlesex, to have a committee of five disinter-
ested freeholders within the same county, appointed to appraise
the land which may be so taken for the uses aforesaid, and the
said committee shall be commissioned by said court to perform
that duty, and shall be duly sworn to the performance thereof,
and having notified all persons known to be interested in said
Committee shall land, to appear, at a time and place to be by said conmiittee ap-
make return, pointed, shall proceed to appraise the same, and shall make re-
turn into said court under their hands and seals of their doings,
and shall describe the lands taken by said corporation by metes

1824. Chap. 122—125. 281

and bounds, and the just value thereof in money to each and ev-
ery individual proprietor thereof, and the return of said commit-
tee being accepted by the court, and ordered to be recorded,
the said corporation shall be holden to pay unto said court, the
full appraised value of the land taken, with all the costs of appraise-
ment, and on making such j)ayment into court, the title to said
land shall vest in said corporation. Provided, always^ that any Any person dis-
person or persons, who may be aggrieved by the appraisement of J^^'^'g I trTa^-by
said committee, may move the court that a jury may be empan- jury,
nelled to appraise the value, by their verdict, of the land which
may have been taken from such person or persons, and the said
court shall proceed to enquire of the said value by the said jury,
and it shall be lawful for any two or more of the proprietors, from
whom land shall have been taken, to join in submitting their joint
or respective claims to [the] such jury. And if the said jury
shall not by their verdict find the value of the land to be greater
than said committee shall have appraised the same at, the said
former owner or owners shall not recover costs for the trial by
jury. But if the said jury shall find the value of the land to be
greater than said committee shall have appraised the same at, the
said cor[)oration shall be adjudged to pay the costs of the trial ;
that [and] the verdict of the jury being accepted and recorded by
the court, the said corporation shall be entitled to have and hold
the land taken, on paying the value found by the jury into court,
with or without costs as aforesaid.

Sect. 4. Be it further enacted^ That the money paid into Money paid into
court shall be paid out to such person or persons as the court ouuo 'the lawful
shall find to have been the lawful owners of the land taken by owners of the
said corporation, or to the legal representatives of such owners, ^" '
according to the respective rights which such owners, or their
legal representatives, shall make to appear to said court, and that
said corporation shall pay the legal costs of such application to
the court.

Sect. 5. Be it further enacted, That when the said monu- Monument
ment shall have been completed by the said corporation, the |o b" conveved
same shall be, together with all the land purchased and then held to ihe Com-
by said corporation, conveyed to the Commonwealth of Massa- '"°""'®^^ •
chusetts, to be had and lield by said Commonwealth, on the
condition that the Commonwealth shall keep the said monument,
and any buildings for public use connected therewith, in good
repair forever. [Feb. 26, 1825.]

An Act to repeal the proviso in an Act to establish the town of South Reading. CllCtp 1 25.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the proviso contained in the third section of the "act to isii ch. 131.
establish the town of South Reading," which act passed the
twenty-fifth of February, in the year of our Lord one thousand
eight hundred and twelve, expressed in the words following, viz.: Repeal.
"Provided, that the said town of South Reading shall be holden,
until the further order of the Legislature, to pay to the town of

VOL. VI. 36

282

1824.-

■Chap. 125—132.

ChaplSl

1824 ch. 103.
Repeal.

Chap] 32.

Persons incor-
porated.

Powers and

privileges.

1817 ch. 120.

1819 ch. 141.

Real estate.

Capital stock.

[Enlarged by
St. 1825 ch. 10.
Reduced
1823 ch. 142.]

Shares, and the
payment there-
of.

Reading such proportion, if any, of the expenses of maintaining
the bridges and causeways over Ipswich river within said town,
as a connmittee of the court of sessions for said county shall de-
termine ; and said court of sessions are hereby authorized, on
the application of either of the inhabitants of Reading or South
Reading, from time to Ume, to a])point a committee for the above
pur|)ose, whose report made to and accepted by said court, shall
be bindine; on the said towns," be, and the same is hereby re-
pealed. [Feb. 26, 1825.]

An Act in addition lo an Act to incorporate the Proprietors of the City Hotel in Bos-
ton.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the provision in said act, limiting the operation of the same
to the term of twenty years, and the twelfth section of said act,
be, and the same are hereby repealed. [Feb. 26, 1825.]

An Act to incorporate the United States Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Benjamin Fiske, Samuel Woods, Samuel San-
ford, John Stearns, P. P. F. Degrand, James M. Russell, E.
Copeland, Junior, and Jno. S. Wright, with their associates,
successors and assigns, be, and they are hereby incorporated into
a company and body politic, by the name of the United Slates
Insurance Company, witli all the powers and privileges granted
to insurance companies, and subject to all the restrictions, duties
and obligations, contained in a law of this Commonwealth, enti-
tled "an act to define the powers, duties and restrictions of insur-
ance companies," passed on the sixteenth day of February, in
the year of our Lord one thousand eight hundred and eighteen,
and in a law of this Commonwealth, entitled "■ an act authorizing
the several insurance companies in this Commonwealth to insure
against fire," passed on the twenty-first day of February, in the
year of our Lord one thousand eight hundred and twenty, for
and during the term of twenty years after the passing of this
act : and by that name may sue and be sued, plead and be
impleaded, appear, prosecute and defend to final judgment and
execution ; and may have a common seal, which they may alter
at pleasure ; and may purchase, hold and convey any estate, real
or personal, for the use of said company : provided, the said real
estate shall not exceed the value of one hundred thousand dol-
lars, excepting such as may be taken for debt, or held as collate-
ral security for money due to said company.

Sect. 2. Be it further enacted, That the capital stock of
said company, exclusive of premium notes, and profits arising
from business, shall be three hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per cent,
of which shall be paid in nioney by each and every subscriber on
the amount of his subscription, within ninety days after public
notice given by the president and directors, chosen by the stock-

1824. Chap. 132. 283

holders, in two newspapers printed in the city of Boston, and the
residue shall be paid in money, at such times as the president
and directors shall appoint, within twelve months from the lime
this act shall go into operation.

Sect. 3. Be it further enacted, That the stock, property, Number of di-
afFairs and concerns of the said company, shall be managed and '■^<=i°''^-
conducted by twelve directors, one of whom shall be president
thereof, who sliall hold their offices for one year, and until others
are chosen, and no longer, and who shall at the time of their
election be stockholders in said company, and citizens of this
Commonwealth, and shall be elected on the second Monday in When elected.
January, in each and every year, and at such time of the day,
and in such place in the city of Boston, as a majority of the di-
rectors for the time being shall appoint, of which election public
notice shall be given, by publication in some newspaper printed
in Boston, ten days at least previous to such meeting ; and the
election shall be made by ballot, by a majority of the votes of the
stockholders present, allowing one vote to each share in the cap- Right of voting.
ital stock : provided, that no stockholder shall be allowed more
than thirty votes ; and absent stockholders may vote by proxy,
under such regulations as the said company shall prescribe ; and
if, through any unavoidable accident, the said directors should
not be chosen on the second Monday in January as aforesaid, it
shall be lawful to choose them on any other day, in the manner
herein provided. And it shall be the duty of the secretary of Duty of secreta-
said company, at any time, upon application in writing of the nfectin^'orthe
proprietors of twenty per centum of the capital stock, to call a stockholders.
meeting of the stockholders, to be holden at such time and place
in the city of Boston, as they shall direct, for the purposes men-
tioned in such application, by giving the like notice thereof, as is
herein required for the election of directors.

Sect. 4. Be it further enacted, That the directors, when Choice of presi-
chosen, shall meet as soon as may be after every election, and '^^"'•
shall choose out of their body one person to be president,
who shall be sworn or affirmed to the faithful discharge of the
duties of his office, and who shall preside for one year, and in
case of death, resignation or inability to serve, of the president
or any directors, such vacancy or vacancies may be filled, for Vacancies, how
the remainder of the year in which they may happen, by a special ^ '
election for that purpose, to be notified and held in the same
manner as herein before directed, respecting annual elections of
directors.

Sect. 5. Be it further enacted, That the president and four Board of direc-
of the directors, or five of them in his absence, shall be a board ^°'^^'
competent to the transaction of business, and all questions before
them shall be decided by a majority of votes ; and they shall
have power to make and prescribe such by-laws, rules and regu- By-laws,
lations, as to them shall appear needful and proper, touching the
management and disposition of the stock, property estate and
effects of said company, and the transfer of the shares, and touch-
ing the conduct and duties of the several officers, clerks and ser-

284

1824.-

■Chap. 132--133.

First meeting.

Conditions of
this charter.

Limitation of
risks.

Location.

Liability to tax-
ation.

Capital stock
shall be held b}'
original sub-
scribers one
year.

Chap \33.

Powers and
privileges.

vants employed, and the election of directors, and all such matters
as appertain to the business of insurance ; also shall have power
to appoint a secretary, and so many clerks and servants for car-
rying on the said business, and with such salaries and allowances
to them and to their president, as to the said board shall seem
meet : provided, such by-laws and regulations shall not be repug-
nant to the constitution and laws of this Commonwealth.

Sect. G. Be it further enacted, That any two or more per-
sons named in this act, are hereby authorized to call a meeting
of the said company, by advertising the same in some newspaper
printed in Boston, in two successive papers, for the purpose of
electing their first board of directors, who shall remain in office
until the second Monday in January, in the year of our Lord one
thousand eight hundred and twenty-six, and until others shall be
elected in tlieir stead : provided, however, that this charter shall
be void and of no effect, unless put in operation agreeably to the
terms of it, within one year from and after the passing of this
act : and provided, also, that the said company shall not take any
risk, or subscribe any policy, by virtue of this act, until one moi-
ety of the capital stock of said company shall have actually been
paid in.

Sect. 7. Be it further enacted, That the said company
shall never take on any one risk, or loan on respondentia, or bot-
tomry, on any one bottom, at any one time, including the sum in-
sured in any other way on the same bottom, a sum exceeding ten
per centum on the capital stock of said company actually paid in,
agreeably to the provisions of this act.

Sect. 8. Be it further enacted. That the said insurance com-
pany shall be located and kept in the city of Boston.

Sect. 9. Be it further enacted, That the said United States
Insurance Company shall be liable to be taxed by a general law-
providing for the taxation of all similar corporations.

Sect. 10. Be it further enacted. That the capital stock of
said company shall not be sold or transferred, but shall be holden
by the original subscribers thereto, for and during the period of
one year after this charter shall be put into operation as afore-
said. [Feb. 26, 1825] Add. acts, 1825 ch. 10—142.

An Act declaring and confirming to the Pewhoiders the property in the Congrega-
tional Meeting-house, m the First Parish in Roxbury, and authorizing them to raise
monies by taxing pews.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That all persons who now are, or may hereafter be-
come proprietors of the pews in the congregational meeting-
house in the first parish in Roxbury, are hereby declared to be
a body politic and corporate, by the name of the First Religious
Society in Roxbuiy, with all the powers, privileges and immuni-
ties usually granted to such societies. And said corporation shall
be and hereby are deemed in law to be seized of the same
meeting-house, and the land under, adjoining and belonging to
the same, and the privileges and appurtenances thereto apper-

1824. Chap. 133. 285

taining ; reserving however to the several pew proprietors their
rigiits and interests in said pews respectively.

Sect. 2. Be it fiirther enacted, That said proprietors shall Meetings of
meet on the first Monday of April next, and afterwards on the proprietors,
first Monday in January annually, at said meeting-house, or such
other place as the standing committee shall appoint, and after
choosing a moderator, shall choose a clerk, who shall record all choice of
the votes and proceedings of said proprietors, and be sworn to officers.
the faithful discharge of his duties ; they shall also choose a treas-
urer who shall give bond for the discharge of the duties of his
office, and also a standing committee of three discreet persons
to manage their affairs, who shall continue in office one year and
until others are chosen : provided, Iiowever, if from any cause, any
of said officers are not chosen at said meeting in April next, or at
any annual meeting on the first Monday in January, said officers
may be elected at any other meeting duly notified for that pur-
pose, and said committee may notify any meeting, by causing Notification of
printed or written notifications to be delivered to the proprietors meetings.
or left at their dwellings, three days at least before such meeting,
or by leaving the same in the pews of the proprietors should a
day of public worship intervene.

Sect. 3. Be it further enacted. That said proprietors shall proprietors
have power to repair, alter or rebuild their meeting-house, and iTiay/>''er or re-
shall have all the rights in relation to the same and the support of house.^ ^ '"''"
public worship therein, which said parish have hitherto had, and
shall be bound by all the contracts made by said parish.

Sect. 4. Be it further enacted. That said corporation may
take, hold and possess, by gift, devise, purchase, or otherwise,
real and personal estate, not exceeding forty thousand dollars,
exclusive of their meeting-house and its appurtenances, as a min-
isterial fund, the interest only of which shall be expended annually, Ministerial
in such manner as the deacons of the church in said society, and
the standing committee for the time being may deem fit, or the
proprietors by their vote direct, and those only whose pews are
taxed shall be deemed legal voters ; and the said corporation may By-laws,
make and establish by-laws for the better ordering their affairs :
provided, the same are not repugnant to the constitution or laws
of this Commonwealth.

Sect. 5. Be it further enacted. That all monies necessary pews to be
for the support of public worship in said meeting-house, and in- assessed,
cidental charges which may be duly voted to be raised, shall be
assessed by the standing committee on the proprietors of the pews
on the lower floor in said meeting-house, according to a scale of
valuation agreed upon by a vote of said parish, passed on the
twenty-second day of November last, which is not to be changed
for the term of ten years from the first day of April next, but
after that time may be altered ; and gallery pews may be included
if deemed expedient, having regard to the situation and value
thereof. And the said committee shall make out lists of such
assessments, stating the number of each pew, the name of the
owner, and the amount assessed thereon, and deliver the same to

286 1824 Chap. 133—134.

the treasurer who shall collect such assessments, and pay the
same out on orders to be drawn by the clerk under the direction
of the standing committee.
Transferor Sect. '6. Bc it further enacted^ That said proprietors shall

pews. j^qJ^ jj-|gjj. pews under their respective deeds, and the same shall

hereafter be considered personal estate, and whenever any trans-
fer of any pew in said meeting-house shall be made, the old deed
shall be given up and a new deed made in the name of one per-
son only, to be signed by the treasurer and countersigned by the
clerk, and no conveyance shall be valid until noted on the records
of the corporation.
Treasurer shall Sect. 7. Be it further enacted^ That if any proprietor shall
^hi" ueius "'^ '''^' "^gl*^ct to pay his or her assessment for the space of six months
after such assessment is laid and notified by posting at the door
of said house, the treasurer shall advertise the pew of such delin-
quent for the space of three weeks, by posting notices at said
meeting-house, and two other public places in said town, stating
the time, place, and cause of sale, and then if all arrears are not
paid, he shall sell the same at auction to the highest bidder, and
after deducting all sums due, with costs of sale and charges of
conveyance, shall pay over the balance, if any, to the owner.
How pews may Sect. 8. Be it further enacted, That any person wisiiing to
be sold. dispose of his or her pew, shall first give notice thereof to the

standing committee, stating the name of the person to whom it is
intended to sell, and offering the same to said corporation at cost,
and if said corporation shall not elect to purchase and pay for such
pew within thirty days from such notice, the same may be sold
to one person only : provided, all dues thereon be first paid.
First meeting. Sect. 9. Be it further enacted, That this act, being ac-
cepted by a major vote of said parish, shall be binding on all
parties concerned therein, and the present treasurer or standing
committee of said parish may call the first meeting under this
act, and shall continue in office until others are chosen. [Feb.
2G, 1825.]

f^hflT) \S^ An Act to incorporate the President, Directors, and Company of the Washington
M ' Bank In lioston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the Same, That Daniel Baxter, William Dall, Thomas Hunt-
porated. [^jr, Josiah P. Cook, Jonathan P. Stearns, John Thompson,

Tliomas Brewer, Josiah Knapp, French,

Weld, Aa. Baldwin, B. V. French, Charles Thacher, and
Windsor Fay, their associates, successors, and assigns, shall be,
and hereby are created a corporation by the name of The Pre-
sident, Directors, and Company of the Washington Bank, and
shall so continue from the third Monday in March, one thou-
sand eight hundred and twenty-five until the first Monday of Oc-
tober, which will be in the year of our Lord one thousand eight
Privileges and hundred and thirty-one ; and the said corporation shall always be
restrictions. subject to the rules, restrictions, limitations, taxes, and provi-
sions, and be entitled to the same rights, privileges and immuni-

1824. Chap. 134. 287

ties, which are contained in an act, entitled, " an act to incorpo- I8ii ch.84.
rate the President, Directors, and Company of the State Bank,"
excepting so far as the same are modified or altered by this act,
as fully and effectually as if the several sections of said act were
herein specially recited and enacted : provided hoioever, that the Proviso,
amount of bills issued from said bank, at any one time, shall not
exceed fifty per centum beyond the amount of the capital stock
actually paid in.

Sect. 2. Be it further enacted, That the capital stock of Capital stock.
said corporation shall consist of the sum of five hundred thou-
sand dollars, in gold and silver, to be, besides such part as this
Commonwealth may subscribe in manner herein after mentioned,
divided into shares of one hundred dollars each, which shall be siiares and the
paid in manner following, that is to say, one-fourth part thereof payment tiiere-.
on or before the first day of May next, one-fourth part thereof
on or before the first day of August next, one-fourth part there-
of on or before the first day of November next, and the residue
on or before the first day of February next ; and no dividend
shall be declared on the capital stock of said bank until the
whole of said stock shall have been paid in, conformably to the
provisions of this act ; and the stockholders, at their first meet-
ing, shall, by a majority of votes, determine the mode of trans- Transferor
ferring and disposing of said stock and profits thereof, which ^^°'^^> ^'^•
being entered in the books of said corporation shall be binding
on the stockholders, their successors and assigns, until they shall
otherwise determine, and the said corporation are hereby made
capable in law to have, hold, purchase, receive, possess, enjoy,
and retain to them, their successors and assigns, lands, tene- Real estate,
ments, and hereditaments, to the amount of fifty thousand dol-
lars, and no more at any one time, with power to bargain, sell,
dispose of and convey the same by deed, under the seal of said
corporation, and signed by the president and two directors, and
to loan and negociate their monies and effects by discounting on
banking principles, on such security as they may think advisable :
provided however, that nothing herein contained shall restrain or Proviso
prevent said corporation from taking and holding real estate in
mortgage or on execution, to any amount, as security for, or in
payment of any debts due to the said corporation : and provided
further, that no money shall be loaned, or discounts made, nor
shall any bills or promissory notes be issued from said bank, un-
til the capital subscribed, and actually paid in and existing in
gold and silver in their vaults, shall amount to two hundred and Capital to be
fifty thousand dollars, nor until said capital stock, actually in said a'reuun'tiiereof
vaults shall have been inspected and examined by three commis- made by com-
sioners, to be appointed by the governor for that purpose, whose
duty it shall be, at the expense of the corporation, to examine
the monies actually existing in said vaults, and to ascertain by
the oath of the directors of said bank, or a majority of them, that
said capital stock hath been bona fide paid in by the stockhold-
ers of said bank, and towards payment of their respective shares,
and not for any other purpose, and that it is intended therein to

missiouers.

288

1824.-

•Chap. 134.

Location.

Loans to the

Commou-

wealth.

Provi:

First meeting

By-laws.

Cominon-
wealili may sub-
scribe to capital
stock.

Legislature
may appoint
directors.

Cashier shall
give bond.

Tax.

remain as a part of said capital, and to return a certificate there-
of to the governor ; and no stockholder shall be allowed to bor-
row any money at said bank until he shall have paid in his full
proportion of the whole of said capital stock, as is herein before
provided and lequired.

Sect. 3. Be it further enacted^ That the said bank shall be
established and kept in Boston, and the said bank shall be located
south of the north side of Essex street.

Sect. 4. Be it further enacted^ That whenever the Legis-
lature shall require it, the said corporation shall loan to the Coni-
nionwealih any sum of money which shall be required, not ex-
ceeding ten per centum of the capital stock actually paid in, at
one time, reimbursable by five annual instalments, or any shorter
time, at the election of the Commonwealth, with the annual pay-
ment of interest at a rate not exceeding five per centum per
annum. Provided, however, that the Commonwealth shall never
stand indebted to said corporation, without their consent, for a
larger sum than twenty per centum of their capital then paid in.

Sect. 5. Be it further enacted, That the persons herein
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as they may see fit to
appoint, by advertising the same in any two of the newspapers
printed in Boston, for the purpose of making, ordaining and
establishing such by-laws and regulations, for the orderly con-
ducting the affairs of said corj)oration, as the stockholders shall
deem necessary, and the choice of the first board of directors,
and such other officers as they shall see fit to choose.

Sect. G. Be it further enacted. That the Commonwealth
shall have a right, whenever the Legislature shall make provision
therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding two hundred and fifty thousand dollars, to
be added to the capital stock of said corporation, subject to such
rules, regulations and provisions, as to the management thereof,
as shall be by the Legislature made and established.

Sect. 7. Be it further enacted, That whenever the Com-
monwealth shall subscribe to the capital stock of said corporation,
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a right, from time to time, to appoint a number of directors
to said bank, in proportion as the sum paid from the treasury of
the Conmionweahh shall be to the whole amount of stock actual-
ly paid into said bank, if at any time hereafter they shall see fit
to exercise that right.

Sect. 8. ^Je it further enacted, That the cashier, before he
enters upon the duties of his office, shall give bond, with sureties
to the satisfaction of the board of directors, in a sum not less
than fifty thousand dollars, with conditions for the faithful dis-
charge of his office.

Sect. 9. Be it further enacted, That the said corporation,
from and after the first day of May next, shall pay by way of tax

1824. Chap. 134—135. 289

to the treasurer of this Commonvveahh, for the use of the same,
within ten days after the first Monday of October and April an-
nually, the half of one per centum on the amount of stock which
shall actually have been paid in.

Sect. 10. Be it Jurlhcr enacted. That the said corporation Liability to pay
shall be liable to pay to any bona Me holder the oris^inal amount of'S'''^' amount

, ol tillered notes

of any note of said bank, counterfeited or altered in the course of

its circulation to a larger amount, notwithstanding such alteration,

and shall also be liable to pay to any bona jide holder, the amount

of any note of said bank counterfeited, excepting such note is Stereotype

printed or impressed with the stereotype plate. P'^'^"

Sect. 11. Be it further enacted^ That the capital stock of Conditions of
said bank shall not be sold or transferred, but shall be holden by ^'"^ charier.
the original subscribers thereto, for and during the period of one
year from the time of passing this act, and in case the same shall
not be put in operation according to the provisions thereof, with-
in the year aforesaid, it shall be void. \_Feb. 26, 1825.] Add.
act, 1830 ch. 58.

An Act to incorporate the President, Directors and Company of the Fall River Bank Qhar) 1 35

Sect. 1. BE, it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Oliver Chase, David Anthony, Bradford Durfee, persons incor-
Richard Borden, Nathaniel B. Borden, John C. Borden, Lucius porated.
Smith, Samuel Smith, Clark Shove, Harvey Chase, Edward
Bennett, Arnold BufFum, James Ford, James G. Bowen, Wil-
liam W. Seven, Benjamin Rodman, William Valentine and
Holden Borden, their associates, successors and assigns, shall
be, and hereby are created a corporation, by the name of the
President, Directors and Company of the Fall River Bank, and
shall so continue until the first Monday of October, which will
be in the year of our Lord one thousand eight hundred and thirty-
one ; and by that name shall be, and hereby are made capable in Powers and
law to sue and be sued, plead and be impleaded, defend and be privileges,
defended, in any court of record, or any other place whatever ;
and also to make, have and use a common seal ; and to ordain,
establish and put in execution such by-laws, ordinances and reg-
ulations, as to them may appear necessary and convenient for the
governtnent of said corporation and the prudent manageinent of
their affairs : provided, such by-laws, ordinances and regulations
shall in no wise be contrary to the constitution and laws of this
Commonwealth ; and the said corporation shall be always sub-
ject to the rules, restrictions, limitations and provisions herein
prescribed.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
the said corporation shall consist of the sum of one hundred [increased by
thousand dollars in gold and silver, divided into shares of one ^t. 1836 ch. 123.]
hundred dollars each, which shall be paid in at four equal instal- shares, and the
ments, the first on the first day of July next, the second on the Ppyneni there-
first day of October next, the third on the first day of March
next after, and the fourth the first day of July next after the third,

VOL. VI. 37

290

1824.-

■Chap. 135.

Transfer of
stock.

Real estate.

Provisos.

1811 ch. 84.

Bond of cash-
ier.

Number of di-
rectors.

Amount of bills
to be issued.

Location.

Committee of
the Leg-islature
may examine
into the doings
of the corpora-
tion.

First meelins

By-laws.

or at such earlier time as the stockholders at any meeting thereof
may order, and the stockholders, at their first meeting, by a ma-
jority of votes, may determine the mode of transferring and dis-
posing of said stock and the profits thereof, which, being entered
on the books of said corporation, shall be binding on the stock-
holders, their successors and assigns, until they shall otherwise
determine ; and the said corporation are hereby made capable in
law to have, hold, purchase, receive, possess, enjoy and retain
to them, and their successors and assigns, lands, tenements and
hereditaments, to the amount of five thousand dollars, and no
more, at any one time, with power to bargain, sell and dispose
of the same, and to loan and negotiate their monies and effects,
by discounting on banking principles, on such security as they
shall think advisable : provided, however, that nothing herein
contained shall restrain or prevent said corporation from taking
and holding real estate in mortgage, or on execution, to any
amount, as security for, or in payment of any debts due to said
corporation : provided, further, that no money shall be loaned or
discounts made, nor shall any bills or promissory notes be issued
from said bank, until the capital subscribed and actually paid in,
and existing in gold and silver in their vaults, shall amount to fifty
thousand dollars.

Sect. 3. Be it further enacted^ That the rules, limitations
and provisions which are provided in and by the third section of
an act, entitled "an act to incorporate the President, Directors
and Company of the State Bank," shall be binding on the bank
hereby established. Provided, the bond required to be given by
the cashier, shall be given in the penalty of twenty thousand dol-
lars, that the number of directors to be annually chosen shall be
nine, and five may constitute a quorum for the transaction of
business : and provided, also, that the amount of bills issued from
said bank shall not exceed fifty per cent, beyond their capital
stock actually paid in.

Sect. 4. Be it further enacted. That the said bank shall be
established and kept in the town of Troy.

Sect. 5. Be it further enacted, That any committee spe-
cially appointed by the Legislature for that purpose, shall have a
right to examine into the doings of said corporation, and shall
have free access to all their books and vaults, and if, upon such
examination, it shall be found, and, after a full hearing of said
corporation thereon, be determined by the Legislature, that the
said corporation have exceeded the ])owers herein granted them,
or failed to comply with any of the rules, restrictions or condi-
tions in this act provided, this act of incorporation shall thereupon
be declared to be forfeited and void.

Sect. 6. Be it further enacted. That the persons herein
before named, or any three of them, are authorized to call a
meeting of said stockholders of said corporation, at a convenient
time and place, by advertising the same three weeks successively
in the Columbian Reporter, a newspaper printed in Taunton, for
the purpose of making, ordaining and establishing such by-laws,

1824. Chap. 135—140. 291

ordinances and regulations, for the orderly conducting the affairs
of said corporation, as the stockholders shall deem necessary,
and for the choice of the first board of directors, and such other
officers as they shall see fit to choose.

Sect. 7. Be it further enacted^ That the Commonwealth Commonwealth
shall have a right, whenever the Legislature shall provide there- loYapUd"i'ork.
for, to subscribe on account of said Commonwealth a sum not
exceeding fifty thousand dollars, to be added to the capital stock
of said corporation herein before provided for, and whenever the
Commonwealth shall become so interested in said bank, the gov-
ernor and council shall have a right to appoint four additional
directors for the management of the same.

Sect. 8. Be it further enacted^ That the said corporation Corporation iia-
shall be liable to pay, to any bona fide holder, the original amount nal amount of
of any note of said bank altered to a larger amount in the course altered notes.
of its circulation, notwithstanding such alteration, and shall also
be liable to pay any bona fide holder the amount of any note of
said bank counterfeited, excepting such note is printed or im- Stereotype
pressed with the stereotype plate.

Sect. 9. Be it further enacted^ That the said corporation, '^^''•
from and after the first day of October next, shall pay by way of
tax to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday of October and
April, annually, the half of one per centum on the amount of
stock which shall have been actually paid in.

Sect. 10. Be it further enacted, That whenever the Legis- Loans to the
lature shall require it, the said corporation shall loan to the wealth?"'
Commonwealth any sum of money, which may be required, not
exceeding twenty per centum of the capital stock actually paid
in, reimbursable by five annual instalments, or at any shorter pe-
riod, at the election of the Commonwealth, with the annual pay-
ment of interest at a rate not exceeding five per centum per annum.

Sect. 11. Be it further enacted, That the capital stock of Conditions of
said bank shall not be sold or transferred, but be holden by the ' '^^^^'
original subscribers thereto, for and during the term of one year
from the time of passing this act ; and in case the same shall not
be put into operation according to the provisions thereof, within
the year aforesaid, it shall be void.

Sect. 12. Be it further enacted, That no dividend of profit
shall be declared, or paid, on the capital stock of said bank, until
the whole of said stock shall have been paid conformably to the
provisions of this act. [Feb. 26, 1825.] Add. acts, 1826 ch.
125 : 1830 ch. 58. 89 : 1836 ch. 91.

An Act to incorporate the President, Directors and Company of the Barnstable Bank. (Jfidj) \ 40.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That David Crocker, Zeno Killey, Elisha Doane, Persons incor-
Charles Hallet, Henry Thacher, Seth Killey, Matthew Cobb, P°'^'^'^-
and Freeman Baker, with their associates, successors and assigns,
shall be, and are hereby created a corporation, by the name of

292

1824-

■Chap. 140.

Powers and
privileges.

Proviso.

Capital stock.

Shares, and
the payment
thereof.

Transfer of
stock.

Real estate.

Provisos.

1811 ch. 84.

Bond of cashier,

Number of di-
rectors.

the President, Directors and Company of the Barnstable Bank,
and shall so continue until the first day of October, in the year
of our Lord one thousand eight hundred and thirty-one, and by
that name shall be, and are hereby made capable in law, to sue
and be sued, plead and be impleaded, defend and be defended,
in any court of record, or any other place whatever ; and also to
make, have and use a common seal ; and to ordain, establish and
put in execution, such by-laws, ordinances and regulations, as to
them shall appear necessary and convenient for the government
of said corporation, and the prudent management of its concerns :
provided^ such by-laws, ordinances and regulations shall in no
wise be contrary to the constitution and laws of this Common-
wealth ; and the said corporation shall be always subject to the
rules, restrictions, limitations and provisions herein contained.

Sect. 2. Be it further enacted, That the capital stock of
said bank shall consist of the sum of one hundred thousand dol-
lars in gold and silver, in shares of one hundred dollars each, one
fourth part of which shall be paid in ninety days, one foin-th part
in six months, one fourth part in nine months, and the residue in
one year, after the passing of this act, or at such earlier time as
the stockholders at any meeting may direct ; and no dividend
of profit shall be declared or paid in [oil] the capital stock of said
bank, until the whole of said stock shall have been paid, in
conformity to the provisions of this act. And the stockholders,
at their first meeting, shall, by a majority of votes, determine
the mode of transferring and disposing of the stock and profits
of said bank, which, being entered in the books of said corpo-
ration, shall be binding on the stockholders, their successors and
assigns. And the said corporation are hereby made capable in
law, to have, hold, purchase, receive, possess, enjoy and retain,
to them, their successors and assigns, lands, rents, tenements and
hereditaments, to the amount of five thousand dollars, and no
more, at any one time, with power to bargain, sell and dispose of
the same, and to loan and negotiate their monies and effects, by
discounting on banking principles, on such security as they shall
think proper : provided, however, that nothing herein contained
shall prevent said corporation from taking and holding real estate
in mortgage, or on execution, to any amount or [as] security for,
or in payment of any debt due to said corporation : and provided,
further, that no money shall be loaned, or discounts made, nor
shall any bills be issued from said bank, until the capital subscribed
and actually paid in, and existing in gold and silver in the vaults
of the same, shall amount to fifty thousand dollars.

Sect. 3. Be it further enacted, That the rules, limitations,
and provisions, which are provided in and by the third section of an
act, entitled "an act to incorporate the president, directors and
company of the State bank," shall be binding on the bank hereby
established ; excepting that the bond to be given by the cashier,
shall be in the penal sum of twenty thousand dollars ; and the num-
ber of directors to be annually chosen shall be nine, five of whom
shall constitute a quorum for the transaction of business : provid-

1824. Chap. 140. 293

ed, that the amount of bills of said bank in circulation shall not Amount of Mils
at any time exceed fifty per centum beyond the amount of the eJrcX'ied. "^
capital actually paid in.

Sect. 4. Be it further enacted, That said bank shall be es- Location,
tablished and kept in the town of Yarmouth.

Sect. 5. Be it further enacted, That any committee, spe- i-episiafiire
cially appointed for that purpose by the Legislature, shall have a j^J'i the'lbi'ngs
right to examine into the doings of said corporation, and sliall ofihe corpora-
liave free access to all their books and vaults, and if upon exam- '.'(are This 'a*ct
ination it shall be found, and after a full hearing of said corpora- void.
lion thereon, be determined, by the Legislature, that the said
corporation have exceeded the powers herein granted them, or
failed to comply with any of the rules, restrictions, or conditions
in this act provided, this act of incorporation may thereupon be
declared forfeited and void.

Sect. 6. Be it further enacted. That the persons herein First meeting.
before named, or any of them, are authorized to call a meeting
of the members and stockholders of said corporation, at a conven-
ient time and place, by advertising the same, three weeks suc-
cessively, in the Barnstable County Gazette printed at Barnsta-
ble, for the purpose of making, ordaining, and establishing such
by-laws, ordinances, and regulations for the orderly conducting
the affairs of said corporation, as the stockholders shall deem ne-
cessary, and for the choice of the first board of directors, and
such other officers as they shall see fit to choose.

Sect. 7. Be it further enacted, That the Commonwealth Commonwealih

, *^ . . may subscnbG

shall have a right, whenever the Legislature shall provide there- to the capital
for, to subscribe, on account of said Commonwealth, a sum not st"ck.
exceeding twenty-five thousand dollars, to be added to the capi-
tal stock herein before provided for. And whenever the Com-
monwealth shall become so interested in said bank, the Governor
and Council shall have a right to appoint four additional directors
for the management of the same.

Sect. 8. Be it further enacted, That the said corporation ^jorporation ha-
shall be liable to pay bona fide holders the original amount of any ginai amount of
note of said bank, altered to a larger amount in the course of its altered notes,
circulation, notwithstanding such alteration.

Sect. 9. Be it further enacted. That the said corporation Tax.
shall pay, by way of tax, to the treasurer of this Commonwealth,
for the use of the same, within ten days after the first Monday
of October and April, annually, the half of one per centum on
the amount of stock which shall have been actually paid in, and
shall also be liable to pay to any bona fide holder, the amount of
any note of said bank, counterfeited, unless all the notes actually ^1^1^°iJ^q
issued by said corporation shall be printed or impressed with the used,
stereotype plate.

Sect. 10. Be it further enacted, That whenever the Legis- commou-'^^
lature shall require it, the said corjioration shall loan to the Com- wealth.
monwealih any sum of money which shall be required, not ex-
ceeding twenty per centum of the amount of the capital stock ac
tually paid in, reimbursable by five annual instalments, or at any

294

1824.-

-Chap. 140—141.

Conditions of
this act.

ChaplM

Persons incor-
porated.

May sue and
be sued.

Appoint atreas'
urer and clerk.

By-laws.

Trustees may
receive and
hold donations.

Appropriation
of income.

Proviso.

Number of trus-
tees.

shorter period at the election of the Commonwealth, with the
annual payment of interest at a rate not exceeding five per cent-
um per annum.

Sect. 11. Be it further enacted., That the capital stock of
the said bank shall not be sold or transferred, but be holden by the
original subscribers thereto, for and during the term of one year
from the passing of this act ; and in case the same shall not be
put into operation according to the provisions thereof, within the
year aforesaid, it shall be void. [Feb. 26, 1825.] Add. acts,
1830 ch. 58 : 1S33 ch. 149.

An Act to incorporate ihe Trustees of the Ministerial Fund of the Congregational
Parish and Society in Canton.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives., in General Court assembled, and by the authority of
the same., That Elijah Crane, Simeon Tucker, Thomas Dun-
bar, Isaac Fenno, and Charles Tucker, and their successors, be,
and they are hereby made a body politic, and by the name of the
Trustees of the Ministerial Fund of the Congregational Parish
and Society in Canton ; and by that name to remain a corpora-
tion forever, capable and liable in law to sue and be sued, in any
action, real, personal or mixed, and to prosecute and defend the
same to final judgment and execution.

Sect. 2. Be it further enacted., That the said trustees
shall have power to appoint a treasurer, who shall give bond to
the inhabitants of the congregational parish aforesaid, for the faith-
ful performance of his trust ; and the said trustees shall have
power to appoint a clerk, if they see fit, who shall be sworn, and
all such other officers as may be necessary for the management
of their affairs ; and to make, adopt, and execute all reasonable
by-laws and regulations for the government of said corporation,
not repugnant to the constitution and laws of this Commonwealth.

Sect. 3. Be it further enacted, That the said trustees shall
have full power to receive and hold the William Wheeler dona-
tion to said parish, and such other funds as may be placed in their
hands and possession by the said parish, arising from the sale of
pews in the church recently erected by said parish, and all gifts,
grants, donations or subscriptions, real or personal, that may
hereafter be made for a ministerial fund, or other parochial uses,
and the same to manage, and to apply the income thereof to the
support of a congregational minister in said parish, and to such
other parochial purposes as may be conformable to the intention
and direction of the grantor or donor : provided, hoicever, that
the annual income of said funds shall never exceed the sum of
fifteen hundred dollars.

Sect. 4. Be it further enacted, That the number of said trus-
tees shall never be less than three, or more than five, and they
shall be annually elected by the inhabitants of the said congrega-
tional parish, at their meeting in March or April, and if the said
parish shall neglect or refuse so to do, the said trustees shall con-
tinue in office until others are elected and appointed in their
stead ; and no person shall be a trustee unless he be a member of

1824. Chap. 141—142. 293

the congregational parish and society aforesaid ; and whenever Vacancies, how

any vacancy shall happen in said board of trustees, by death, re- ^'"'^''•

signation, or removal, the said parish, at any meeting legally

warned for that purpose, may fill said vacancy ; and if the said

parish neglect to fill said vacancy within one year after it shall

happen, then the said trustees by a major vote, shall have power

to fill such vacancy.

Sect. 5. Be it further enacted, That the said trustees shall Trustees shall

, ,. . , r- , • 1- I • 1 I 11 I I keel) a record

keep a fair record of their proceedings, which shall be open to the and annually
inspection and examination of any committee appointed by the cxhibu a siaie-

. , . , ^ -111 r -1 I II mcntoflhe

congregational parish aforesaid, and the atoresaid trustees shall ^■^^^^^i^
annually exhibit to said parish a correct statement of the funds in
their possession, and of the expenditure of the income thereof,
and they shall be liable individually in damages to said parish, for
any waste or misapplication of said funds.

Sect. 6. Be it further enacted, That all deeds and instru- Deeds of the
raents requiring a seal, which the said trustees shall have lawfully '^"''P"'^ '°"'
determined to make, shall be sealed with their seal, and being
signed and acknowledged by the treasurer of said corporation,
shall bind the said trustees and their successors, and be valid in law.

Sect. 7. Be it further enacted, That Thomas Tolman, First meeting.
Esquire, be, and he is hereby authorized and empowered to issue
his warrant, directed to some one of the trustees named in this
act, requiring him to notify the first meeting of said corporation,
to organize the same by the establishment of by-laws, and the ap-
pointment of its oflicers ; and all meetings of said corporation,
after the first, shall be called in such way and manner as the said
trustees shall direct. [Feb. 26, 1825.]

An Act in addition to an Act to incorporate the President. Directors, and Company of (^Jldj) 142.
the Mendon Bank. •'

Sect. 1. BE it enacted by the Senate and House of Repre- 1323 ch. 76.
sentatives, in General Court assembled, and by the authority
of the same. That the act to incorporate the president, direct- Time extended.
ors and company of the Mendon bank, shall have full force and
effect, if the same be put in operation, in the manner therein pre-
scribed, within sixty days from the passing of this act.

Sect. 2. Be it further enacted, That the capital stock of Capital stock
said bank shall not be sold or transferred, but be holden by the sofj f'o°/one
original subscribers thereto, for and during the term of one year year.
from the passing of this act.

Sect. 3. Be it further enacted. That one half of the cap- Instalments.
ital stock of said bank shall be paid in sixty days, one fourth part
in six months, and the residue in one year from and after the
passing of this act ; and that the said corporation shall be liable
to pay to any bona fide holder, the amount of all notes of said
bank counterfeited, excepting such note is printed or impressed Stereotype
with the stereotype plate, any thing in the said act to the contrary P^gj °
notwithstanding. [Feb. 26, 1825.] Add. acts, 1830 ch. 58 :
1832 ch. 119.

296

1824.-

-Chap. 143.

CllCL'O 143. ^^ ^^^ '** incorporate tlie Boylston Fire and Marine Insurance Company.

Persons incor-
porated.

Powers and
privileges.

1817 cli. 120.

1819 ch. 141.

Real estate.

Capital stock.

Shares and the
payment there-
of.

Condition of
this act.

Number and
election of
directors.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William Dall, Thomas Hunting, Windsor Fay,
Josiali P. Cook, and Moses Williams, with iheir associates, suc-
cessors and assigns, be, and ihey are hereby incorporated into a
body politic, by the name of " The Boylston Fire and Marine
Insurance Company," for and during the term of twenty years
fron) and after the passing of this act, with all the powers and
privileges granted to insurance companies, and subject to all the
restrictions, duties and obligations contained in a law of this
Commonwealth, entitled "an act to define the powers, duties
and restrictions of insurance companies," passed on the sixteenth
day of February, in the year of our Lord one thousand eight
hundred and eighteen, and in a law of this Commonwealth, enti-
tled "an act authorizing the several insurance companies in this
Commonwealth to insure against fire," passed on the twenty-first
day of February, in the year of our Lord one thousand eight
hundred and twenty ; and by that name to sue and be sued,
plead and be impleaded, appear, prosecute and defend to final
judgment and execution ; and have a common seal, which
they may alter at pleasure ; and may purchase, hold and convey
any estate, real or personal, for the use of said company : pro-
vided, they shall not hold real estate exceeding the value of fifty
thousand dollars, excepting such as may be taken for debt, or
held as collateral security for monies due to said company.

Sect. 2. Be it further enacted. That the capital stock of
said company shall be three hundred thousand dollars, and shall be
divided into shares of one hundred dollars each, fifty per centum
of which shall be paid in money, within ninety days after the
first meeting of the said company, and the residue within one
year from the passing of this act, in such instalments, and under
such penalties as the president and directors shall in their discre-
tion direct and appoint, and the said capital stock shall not be
sold or transferred, but shall be holden by the original subscri-
bers thereto, for and during the term of one year after the said
company shall go into operation, and if the provisions of this act
shall not be complied with in one year from the passing of this
act, the same shall then be void.

Sect. 3. Be it further enacted, That the property, affairs
and concerns of said company, shall be managed and conducted
by twelve directors, one of whom shall be president thereof, who
shall hold their offices for one year, and until others are chosen,
and who shall be stockholders in said company, and citizens
of this Commonwealth, at the time of their election, which shall
be on the second Monday in March, in every year, at such time
of the day, and place in Boston, as a majority of the directors for
the time being shall appoint, notice of which election, shall be given
in two newspapers printed in Boston, at least ten days previous to
the election, which shall be made by written ballot, and by a ma-
jority of the votes of the stockholders present, allowing one vote

1824. Chap. 143. 297

to each share of the capital stock: provided, that no stock- Rigiu of voting,
holder shall be allowed more than thirty votes ; and absent stock-
holders may vote by proxy, and if from any cause, the directors
shall not be chosen on the said second Monday in March aforesaid,
it shall be lawful to choose them on any other day in manner here-
in provided. And it shall be the duty of the secretary of said When the duty
company, upon application in writing made by the proprietors of °^ J.'!^']|^^^^^^J,^^7
twenty per centum of the capital stock, to call a meeting of the ingof the
stockholders, by giving like notice thereof, as is herein pre- stockholders.
scribed for election of directors.

Sect. 4. Be it further enacted, That the directors, when Choice of presi-
chosen, shall meet as soon as may be after every election, and shall ^•^"'•
choose out of their body, one person to be president, who shall
be sworn faithfully to discharge the duties of said office, and
who shall preside for one year, and in case of death, resigna-
tion, or inability to serve, of the president or any director, such Vacancies how
vacancy or vacancies may be filled for the remainder of the year ^"'^'^•
by the surviving and continuing directors.

Sect. 5. Be it further enacted, That the president and six Board of direc-
ofthe directors, or seven directors in the absenceof the president '°''^-
shall be a board competent to the transaction of the business of
the company, and all questions before them shall be decided by
a majority of the board ; and they shall have power to make such By-laws,
rules and by-laws as they may deem proper for the management
of the affairs and security of the property of said company, and
have power to appoint a secretary, and such other officers as
they may think expedient, and make such compensations as they
may deem adequate to the services performed : provided, that Proviso,
such rules and by-laws be not repugnant to the constitution and
laws of this Commonwealth.

Sect. 6. Be it further enacted, That any two of the per- First meeting,
sons named in this act, are hereby authorized to call a first
meeting of this company, for the purpose of organizing and put-
ting the same into operation, by giving notice in two newspapers
printed in Boston, three days previously to the time of holding
such first meeting : provided, that the company shall not take Proviso,
any risk, or subscribe any policy, by virtue of this act, until fifty
per centum of the said capital stock of said company shall have
actually been paid in.

Sect. 7. Be it further enacted, That the said insurance com- Location,
pany shall be located and kept in the city of Boston.

Sect. 8. Be it further enacted. That the said company Limitation of
shall never take on any one risk, or loan on respondentia or hot- "^
tomry, on any one bottom, at any one time, including the sum
insured in any other way on the same bottom, a sum exceeding
ten per centum on the capital stock of said company actually paid
in agreeably to the provisions of this act.

Sect. 9. Be it further enacted, That the said Boylston Liability to
Fire and Marine Insurance Company shall be liable to be taxed
by any general law providing for the taxation of all similar corpo-
rations which are by law hable to be taxed. ^Feb. 26, 182.5.]

VOL. VI. 38

298

1824.-

■Chap. 145.

Chap 14^5.

Persons incor-
porated.

Powers and
privileges.
1811 ch. 84.

Amount of bills
to be issued.

Number of di-
rectors.

Capital stock.

Shares and the
payment there-
of.

[Time of pay-
ment extended.
1825 ch. 126.] ■

Transfer of
slock.

Real estate.

An Act to incorporate the President, Directors and Company of the Housatonic Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That .[oseph Woodbridge, Thaddeus Pomroy,
Cyrus Williams, Henry W. Dvvight, Samuel Jones, and George
Wiiitney, with their associates, successors and assigns, be, and
hereby are created a corporation by the name of The President
Directors and Company of the Housatonic Bank, and shall so
continue until the first Monday of October, in the year of our
Lord one thousand eight hundred and thirty-one ; and the said
corporation shall always be subject to the rules, restrictions,
limitations, provisions and taxes, and be entitled to the same
rights, privileges and immunities, as are contained in an Act,
entitled, '^ an act to incorporate the President, Directors and
Company of the State Bank," except in so far as the same are
modified or altered by this act, as fully and effectually as if the
several sections of the said act were herein specially recited and
enacted : provided however, that the amount of bills issued from
the said bank, shall not at any time, exceed fifty per centum be-
yond the amount of the capital stock actually paid in : and pro-
vided further, that the nun)ber of directors to be annually chosen
shall be nine, and who shall he inhabitants of, and residents with-
in this Commonwealth, and shall be accountable for the doings
of the whole board, any five of whom may constitute a quorum
for the transaction of business.

Sect. 2. Be it further enacted, That the capital stock of
the said corporation shall consist of the sum of one hundred thou-
sand dollars, in gold or silver, to be, besides such p.irt as this
Comttionwealth may subscribe in the manner herein after men-
tioned, divided into shares of one hundred dollars each, which
shall be paid in the manner following, that is to say, one fourth
part thereof on or before the first day of July next, one fourth
part thereof on or before the first day of October next, one
fourth part thereof on or before the first day of January next,
thereafter, and the residue on or before the first day of July
next, thereafter ; and no stockholder shall be allowed to borrow
at said bank, until he shall have paid in his full proportion of the
whole of said capital stock of one hundred thousand dollars, and
no dividend shall be declared on the capital stock of said bank,
until the whole of the said stock shall have been paid in, con-
formably to the provisions of this act. And the stockholders,
at their first meeting, shall, by a majority of votes, determine the
mode of transferring and disposing of said stock, and the profits
thereof, which being entered on the books of the corporation,
shall be binding on the stockholders, their successors and assigns,
until they shall otherwise determine ; and the said corporation
are hereby made capable in law, to have, hold, purchase, re-
ceive, possess, enjoy, and retain, to them, their successors, and
assigns, lands, tenements, and hereditaments, to the amount of
five thousand dollars, and no more, at any one time, with power
to bargain, sell, dispose, and convey the same by deed, under

1824. Chap. 145. 299

the seal of said corporation, and signed by the president or two
of the directors ; and to loan and negotiate their monies and ef-
fects, by discounting on banking principles, on such security as
they may think advisable : provided however^ that nothing here- Proviso,
in contained, shall restrain or prevent the said corporation from
taking or holding real estate in mortgage or on execution, to any
amount, as security for, or in payment of any debt due to the
said corporation : and provided further^ that no monies shall be Capital to be
loaned or discounts made, nor shall any bills or promissory notes rctum"thtreof
be issued from said bank, until the capital subscribed and actu- made bycom-
ally paid in, and existing in gold and silver in their vaults, shall ™'ssioners.
amount to fifty thousand dollars, nor until the said capital stock
actually in said vaults, shall have been inspected and examined
by three commissioners, to be appointed by the governor for
that purpose, whose duty it shall be, at the expense of the said
corporation, to examine the monies actually existing in said vaults,
and to ascertain, by the oath of the directors of said bank, or a
majority of them, that the said capital stock hath been bona fide
paid in by the stockholders of said bank, and towards payment
of their respective shares, and not for any other purpose, and
that it is intended therein to remain as part of the said capital
stock, and to return a certificate thereof to the governor.

Sect. 3. Be it further enacted, That the said bank shall Location,
be established and kept in the town of Stockbridge. And when- Loans to the
ever the Legislature do require it, the said corporation shall loan ^°^t7,°°"
to the Commonwealth any sum of money which may be required,
not exceeding ten per centum of the stock actually paid in, at any
one time, reimbursable by five annual instalments, or at any
shorter period, at the election of the Commonwealth, with the
annual payment of interest, at a rate not exceeding five per cen-
tum per annum : provided, however, that the Commonwealth shall
never stand indebted to the said corporation, without their con-
sent, for a larger sum than twenty per centum of their capital
then paid in.

Sect. 4. Beit further enacted, That the persons herein be- First>eeting.
fore [named'] , or any three of them, are hereby empowered to call
a meeting of the members and stockholders of the said corpo-
ration, as soon as may be, at such time and place as they
may see fit to appoint, by advertising the same for three weeks
successively, in any two newspapers printed in the county of
Berkshire, for the purpose of making and ordaining such by-laws By-laws.
and regulations, for the orderly conducting the affairs of the said
corporation, as the stockholders may deem necessary, and for the
choice of the first board of directors, and such other officers as
they may see fit to choose and appoint ; and the cashier, before Casiiier shall
he enters upon the duties of his oifice, shall give bond with sure- S'^® ^°^ •
ties to the satisfaction of the board of directors, in a sum not less
than twenty thousand dollars, with conditions for the faithful dis-
charge of his office.

Sect. 5. Be it further enacted, That the Commonwealth Commonwealth
shall have a right, whenever the Legislature shall make provision ulYapitaTsiock.

300

1824.-

■Chap. 145—148.

Legislature
may appoint
directors.

therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding fifty thousand dollars, to be added to the
capital stock of the said corporation, subject to such rules, regu-
lations and provisions, as to the n)anagement thereof, as shall be
by the Legislature made and estabhshed.

Sect. 6. Be it further enacted, That whenever the Com-
monwealth shall subscribe to the capital stock of the corporation,
in the manner herein before provided for, in addition to the di-
rectors by law to be chosen by the stockholders, the Legislature
shall have a right, from time to time, to appoint a number of
directors to said bank, in ])roporiion as the sum paid from the
treasury of the Commonweahh shall bear to the whole amount of
stock actually paid into said bank, if at any time hereafter they
shall see fit to exercise that right.

Sect. 7. Be it further enacted, That the said corporation
shall be liable to pay any bona fide holder, the original amount of
any note of said bank, counterfeited or altered in the course of
its circulation to a larger amount, notwithstanding such alteration,
and shall also be liable to pay any bona fide holder the amount
of any note of said bank, counterfeited, excepting such note is
printed or impressed with the stereotype plate.

Sect. 8. Be it further enacted, That the said corporation,
from and after the first day of January next, shall pay, by way of
tax, to the treasurer of this Commonwealth, for the use thereof,
within ten days after the first Mondays of April and October an-
nually, the half of one per centum on the amount of stock which
shall have been actually paid in.

Sect. 9. Be it further enacted, That the capital stock of
the said bank shall not be sold or transferred, but shall be holden
by the original subscribers thereto, for and during the period of
one year from the passing of this act ; and in case the said bank
shall not be put into operation according to the provisions thereof,
within the year aforesaid, then this act shall be void. [Feb. 26,
1825.] Add. acts, 1825 ch. 126: 1830 ch. 58.

An Act to incorporate the Sunderland Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the same, That Nathaniel Smith, Erastus Graves, Alpheus Field,

Corporation
shall be liable
to pay original
amount of al-
tered notes.

Stereotype
plate.

Tax.

Capital stock
shall not be sold
for one year.

Chap US.

porated.

Powers and
privileges.

1811 ch. 84.

Roswell Field, Jonathan Eastman, Jonathan Gregory and Cotton
Graves, their associates, successors and assigns, shall be, and
hereby are created a corporation, by the name of the Sunderland
Bank, and shall so continue from the passing of this act, until the
first Monday in October, which will be in the year of our Lord
one thousand eight hundred and thirty-one. And the said cor-
poration shall always be subject to the rules, restrictions, limita-
tions, taxes and provisions, and be entitled to the same rights,
privileges and immunities, which are contained in an act, entitled
"an act to incorporate the President, Directors and Company of
the State Bank," except in so far as the same are modified or
altered by this act, as fully and etiectually as if the several sec-

1824. Chap. 148. 301

lions of said act were herein specially recited and enacted: pro- [Allowed to is-
vided, however, that the amount of bills issued from said bank, at ^",*J///,[^' '/ cllpi-
any time, shall not exceed fifty jjer centum of the amount of their tai stock,
capital stock actually paid in. '^2^*=''- '^^-^

Sect. 2. Be it further enacted, That the capital stock of Capital stock.
said corporation shall consist of tiie sum of one hundred thousand
dollars, in gold and silver, to be. besides such part as this Com-
monwealth may subscribe, in manner hereafter mentioned, divided
into shares of one hundred dollars each, one fourth part of which Shares, and
shall be paid in ninety days, one fourth part in six months, one fhereof".'"^"*
fourth part in nine months, and the residue in one year after the
passing of this act, or at such earlier time as the stockholders
may order, at any meeting regularly holden therefor. And no
stockholder shall be allowed to borrow at said bank, until he shall
have paid in his full proportion of the whole of said capital stock
of one hundred thousand d(>]lars, and no dividend shall be declar-
ed on the capital stock of said bank until the whole of said capital
stock shall have been paid in, conformably to the provisions of
this act. And the stockholders shall, at their first meeting, by a Transferor
majority of votes, determine the mode of transferring and dispos- ^^'^^''
ing of said stock, and the profits thereof, which being entered in
the books of said corporation shall be binding on the stockholders,
their successors and assigns, until they shall otherwise deter-
mine. And the said corporation are hereby made capable in law Real estate.
to have, hold, purchase, receive, possess, enjoy and retain to
them, their successors and assigns, lands, rents, tenements and
hereditaments, to the amount of five thousand dollars, and no
more, at any one time, with power to bargain, sell, dispose and
convey the same by deed under the seal of said corporation, and
signed by the president, or two of the directors ; and to loan and
to negotiate their monies and efl^ects, by discounting on banking
principles, on such security as they shall think advisable: pro-
vided, however, that nothing herein contained shall restrain or Proviso,
prevent said corporation from taking and holding real estate in
mortgage, or on execution, to any amount, as security for, or in
payment of, any debts due to the said corporation : and provided,
further, that no monies shall be loaned, or discounts made, nor Proviso,
shall any bills or promissory notes be issued from said bank, until
the capital stock subscribed and actually paid in, and existing in
gold and silver in their vaults, shall amount to fifty thousand
dollars.

Sect. 3. Be it further enacted. That the said bank shall be Location,
established in the town of Sunderland ; and the number of direc- Number of di-
tors shall be nine. Five of them shall be necessary to consti- rectors,
tute a quorum for transacting business.

Sect. 4. Be it further enacted. That whenever the Le- Loans to the
gislature shall require it, the said corporation shall loan to the ^°^"h°""
Commonwealth any sum of money which shall be required, not
exceeding ten per centum of the capital stock actually paid in, at
any one time, reimbursable by five annual instalments, or any
shorter period at the election of the Commonwealth, with the

302

1824.-

■Chap. 148.

First mcelinj

By-laws.

Commonwealth
may subscribe
to the capital
stock.

Legislature
may appoint
directors.

Cashier shall
give bond.

Tax.

Corporation lia-
ble to pay ori-
ginal amount of
any altered
note.

Stereotype
plate.

Capital stock
shall not be sold
for one year.

annual payment of interest at a rate not exceeding five per centum :
provided^ however^ that tiie Commonwealth shall never stand in-
debted to the corporation, without their consent, for a larger sum
than twenty per centum of their capital actually paid in.

Sect. 5. Be it further enacted^ That any three of the per-
sons herein before named may call the first meeting of said cor-
poration, by advertising the same three weeks successively in one
of the newspapers printed in Greenfield, in the county of Frank-
lin, for the purpose of making, ordaining and establishing such
by-laws, ordinances and regulations, as the stockholders shall
deem necessary, and for the choice of the first board of directors,
and such other officers as they shall see fit to choose.

Sect. 6. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall by law make
provision therefor, to subscribe a sum not exceeding one half of
the capital stock actually paid in, to be added to the capital stock
of said corporation, subject to such rules, regulations, and pro-
visions, as to the management thereof, as shall by the Legislature
be made and established.

Sect. 7. Be it further enacted, That whenever the Com-
monwealth shall subscribe to the capital stock of said corpora-
tion, in manner herein before provided ; in addition to the direc-
tors by law to be chosen by the stockholders, the Legislature
shall have a right, from time to time, to appoint a number of di-
rectors of said bank, in proportion as the sum paid from the treas-
ury of the Commonwealth shall bear to the whole amount of stock
actually paid into said bank, if at any time hereafter they shall see
fit to exercise that right.

Sect. 8. Be it further enacted, That the cashier, before en-
tering on the duties of his office, shall give bond with sufficient
sureties, to the satisfaction of the board of directors, in a sum not
less than twenty thousand dollars, conditioned for the faithful dis-
charge of the duties of his office.

Sect. 9. Be it further enacted. That the said corporation,
from and after the first day of October next, shall pay, by way of
a tax, to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday of April and Octo-
ber annually, the half of one per centum on the amount of stock
actually paid in.

Sect. 10. Be it further enacted. That the said corporation
shall be liable to pay to any bona fide holder, the original amount
of any note of said bank, counterfeited or altered in the course of
its circulation to a larger amount, notwithstanding such alteration,
and shall also be liable to pay to any bona fide holder the amount
of any note of said bank counterfeited, excepting such note is
printed or impressed with the stereotype plate.

Sect. 11. Be it further enacted, That the capital stock of
said bank shall not be sold or transferred, but be holden by the
original subscribers thereto, for and dtiring the term of one year
from the passing of this act ; and in case the same shall not be

1824. Chap. 148—149. 303

put into operation according to the provisions thereof, within the
year aforesaid, it shall be void. [Feb. 26, 1825.] Add. acts,
1825 ch. 155 : 1830 ch. 149 : 1831 ch. 19.

An Act to incorporate the Hampshire Manufacturers Bank in the town of Ware. Chnn 1 AQ

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Thomas A. Dexter, Anthony Olney, Joel Persons incor-
Rice, Joseph Bowman, Jason Mixter, Samuel Mixter, Samuel P^'^^'^^-
G. Cutter, Elbridge Cutter, Amos Hamilton, and James Steb-
bins, with their associates, successors and assigns, shall be, and
are hereby created a corporation, by the name of the Hampshire
Manufacturers Bank, and shall so continue until the first Monday
of October, in the year of our Lord one thousand eight hundred
and thirty-one, and by that name, shall be, and hereby are made Powers and
capable in law, to sue and be sued, plead and be impleaded, P"^'' *^ses.
defend and be defended, in any court of record, or any other
place whatever ; and also to make, have, and use a common
seal ; and to ordain, establish, and put in execution, such by-
laws, ordinances and regulations, as to them shall appear ne-
cessary and convenient for the government of said corporation,
and the prudent management of its concerns : provided, such
by-laws, ordinances and regulations shall in no wise be contrary
to the constitution and laws of this Commonwealth ; and the said
corporation shall be always subject to the rules, restrictions, lim-
itations and provisions herein contained.

Sect. 2. Be it further enacted. That the capital stock of Capital stock,
said bank shall consist of the sum of one hundred thousand dol- rjncreased 1836
lars, in gold and silver, in shares of one hundred dollars each ; ch. 94.]
one fourth part of which shall be paid in ninety days, one fourth shares and the
part in six months, one fourth part in nine months, and the resi- pajn^em there-
due in one year after the first meeting of said corporation, or at
such earlier period as the stockholders at any meeting may direct;
and no dividend or profit shall be declared, or paid on the capital
stock of said bank, until the whole of said stock shall have been
paid in, conformably to the provisions of this act. And the stock- Transfer of
holders, at their first meeting, shall, by a majority of votes, de- ^^°'^^-
termine the mode of transferring and disposing of the stock and
profits of said bank, which, being entered on the books of said
corporation, shall be binding on the stockholders, their success-
ors and assigns. And the said corporation are hereby made ca- Real estate,
pable in law, to have, hold, purchase, receive, possess, enjoy, and
retain to them, their successors, and assigns, lands, rents, and ten-
ements, and hereditaments, to the amount of five thousand
dollars, and no more, at any one time, with power to bar-
gain, sell, and dispose of the same, and to loan and negotiate
their monies and effects, by discounting on banking principles, on
such security as they shall think proper : provided, however, that Proviso,
nothing herein contained shall prevent said corporation taking and
holding real estate in mortgage, or on execution, to any amount,
as security for, or in payment of any debt due to said corpora-

304

1824. Chap. 149.

Proviso.

1811 ch. 84.
Bond of cashier.

Number of di-
rectors.

Amount of bills
allowed to be
in circulation.

Location.

Legislature
mny examine
into the doings
of the corpora-
tion.

First meeting

By-laws.

Commonwealth
may subscribe
to capital stock.

Corporation lia-
ble to pay ori-
ginal amount of
any altered
note.

tlon : and provided, further, that no money shall be loaned, or
discounts made, nor shall any bills be issued from said bank, until
the capital subscribed and actually paid in, and existing in gold
and silver in the vaults of the same, shall amount to fifty thousand
dollars.

Sect. 3. Be it further enacted, That the rules, limitations
and provisions which are provided in and by the third section of
an act, entitled "an act to incorporate the president, directors,
and company of the State bank," shall be binding on the bank
hereby established, excepting that the bond, to be given by the
cashier, shall be in the penal sum of twenty thousand dollars ; and
the number of directors to be annually chosen, shall be nine, five
of whom shall constitute a quorum for the transaction of business :
provided, that the amount of the bills of said bank in circulation,
shall not at any time exceed the sum of fifty per centum beyond
the amount of capital actually paid in.

Sect. 4. Be it further enacted. That said bank shall be es-
tablished and kept in the town of Ware.

Sect. 5. Be it further enacted. That any committee, spe-
cially appointed for that purpose by the Legislature, shall have a
right to examine into the doings of said corporation, and shall
have free access to all their books and vaults, and if, upon ex-
amination, it shall be found, and after a full hearing of said cor-
poration thereon, be determined by the Legislature, that the said
corporation have exceeded the powers herein granted them, or
failed to comply with any of the rules, restrictions or conditions
in this act provided, this act of incorporation may thereupon be
declared forfeited and void.

Sect. 6. Be it further enacted, That the persons herein
before mentioned, or any two of them, are authorized to call a
meeting of the members and stockholders of said corporation, at
a convenient time and place, by advertising the same three weeks
successively in the Hampshire Gazette, printed at North-
ampton, for the purpose of making, ordaining, and publishing
such by-laws, ordinances and regulations, for the orderly con-
ducting the affairs of said corporation, as the stockholders shall
deem necessary, and for the choice of the first board of direct-
ors, and such other officers as they shall see fit to choose.

Sect. 7. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall provide there-
for, to subscribe on account of said Commonwealth, a simi not
exceeding fifty thousand dollars, to be added to the capital stock
herein before provided for, and whenever the Commonwealth
shall become so interested in said bank, the Governor and Council
shall have a right to appoint four additional directors for the man-
agement of the same.

Sect. 8. Be it further enacted, That the said corporation
shall be liable to pay to any bona fide holder, the original amount
of any note of said bank, altered to a larger amount in the course
of its circulation, notwithstanding such alteration, and shall also
be liable to pay to any bona fide holder, the amount of any note

1824. Chap. 149—160. 305

of said bank counterfeited, excepting such note is printed or im- Stereotype
pressed with the stereotype plate. '^'^^^'

Sect. 9. Be it further enacted, That said corporation shall Tax.
pay, by way of tax, to the treasurer of this Commonwealth, for
the use of the same, within ten days after the first Monday of
October and April, annually, the half of one per centum on the
amount of stock which shall have been actually paid in.

Sect. 10. Be it further enacted, That whenever the Legis- Loans to the
lature shall require it, the said corporation shall loan to the Com- t^o^m""-

11 r 1 • I I 11 u • 1 * wealth.

monwealth any sum oi money wliicli shall be required, not ex-
ceeding twenty per cent, of the capital stock actually paid in, re-
imbursable by five annual instalments, or at any shorter period at
the election of the Commonwealth, with the annual payment of
interest at a rate not exceeding five per centum per annum.

Sect. U. Be it further enacted, That in case this act shall
not be put into operation according to the provisions thereof,
within one year from the time of passing the same, then it shall
become void, and that the capital stock of the said bank shall not Capital stock
be sold or transferred, but be holden by the original subscribers for^onlTyear!"''^
thereof, for and during the term of one year from the passing of
this act. [Feb. 26, 1825.] Add. acts, 1830 ch. 58 : 1836
ch. 94.

An Act to incorporate the Proprietors of the Quincy Canal. C^flflT) 1 50

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William Wood, Henry Wood, William Pack- Persons incor-
ard, Peter Bicknell, Ebenezer Green, John Whicher, Ebenezer P°^^^^ ■
Grain, Elijah Spear, William Seven and Ebenezer Bent, their
associates, successors and assigns, with all others who may here-
after associate with them, be, and they are hereby made a corpo-
ration and body politic forever, by the name and style of the
Proprietors of the Quincy Canal, and by that name may sue and Powers,
be sued, prosecute and be prosecuted to final judgment and exe-
cution, and do and suffer all other acts and things, which bodies
public [politic~\ may and ought to do and suffer ; and the said
corporation shall have power and authority to make, have and use
a common seal, and the same to break, alter and renew at plea-
sure.

Sect. 2. Be it further enacted, That any three of the per- First Meeting^,
sons above named may call the first meeting of the said proprie-
tors, to be held in some suitable place, by posting up advertise-
ments in the town of Quincy, seven days at least prior to the
time appointed for such meeting, and the said proprietors, by a
vote of a majority of those present, accounting and allowing one Manner of vot-
vote for each share, shall have power to choose a clerk and "'^*
treasurer, who shall be severally sworn to the faithful performance
of the duties of their respective offices ; which clerk shall record
this act, and truly and faithfully record all rules, regulations and
votes of said corporation, and the said corporation may, at the
same or any subsequent meeting, choose a president, and such Choice of offi-

voL. VI. 39 '^®"-

306

1824.-

-Chap. 150.

Corporation
may take land
for basin and
canal, by mak-
ing compensa-
tion therefor.

Shall make
fence and pay
damages.

If damages are
not paid, owner
may have an
action of the
case.

Individual lia-
bility of mem-
bers.

Other officers, agents and servants, and invest them with such
power and authority, as may be found necessary for managing the
business of said corporation, and to assess and recover reasonable
fines and penalties of the members of said corporation, for any
breach of such rules and regulations as they may adopt, not ex-
ceeding ten dollars for any one breach : provided, such rules and
regulations shall not in any case be repugnant to the constitution
and laws of this Commonwealth.

Sect. 3. Be it further enacted, That said corporation shall
have power to explore, mark and lay out a parcel of land below
Town river bridge, so called, in Quincy, twenty-eight rods long
and eighty feet wide, for a basin at the head of said canal, and
from tlience a parcel of marsh, fifty feet wide, extending to the
head of Souther's wharf, so called, in Quincy aforesaid, likewise
land sufficient and necessary for a road and wharves, where it
may be most convenient for them, by making the owners thereof
a reasonable compensation for the same, which compensation, if
said owner and corporation cannot agree upon, shall be decided
by three disinterested freeholders, living within the county of
Norfolk, one to be appointed by each party, and the third by
those two, and the cost to be paid by said corporation ; through
and over which they may dig, make and complete a canal, of
suitable depth and width for the passage of vessels not drawing
more than nine feet of water, and to make such locks and gates,
as may be convenient and necessary for the purpose of this act.
Sect. 4. Be it further enacted, That it shall be the duty of
said corporation, at their own expense, to erect and forever main-
tain a good and sufficient fence, extending the whole length of
the northerly side of the tow path, road and canal, fencing in the
land through which they pass, if so required by the owners of the
land through which they pass ; and said corporation shall be held
to make compensation to any person or persons who may sustain
damage by any obstruction caused by the erection of the canal
aforesaid.

Sect. 5. Be it further enacted, That if said corporation
shall not within thirty days after the award made, or to be made,
by the said three disinterested freeholders, to be appointed as
aforesaid, shall be declared and made known, pay the amount of
said award to the owner or owners of the lands or water privi-
lege, in whose favor the said award shall be, the said owner or
owners may bring an action of the case for the recovery of the
same, against said corporation, in any court competent to try the
same, and shall recover the same, with interest, at the rate of
twelve per centum per annum, for the time which elapses after
the date of said award, until final judgment in court shall be re-
covered and entered ; and if the writ of execution which issues
upon such judgment shall be returned unsatisfied, the stockholders
and members of said corporation, who are members at the time
of the making of such award, shall be jointly and severally liable,
in their individual and private capacity, to pay the same.

Sect. 6. Be it further enacted, That if any person or per-

1824. Chap. 150. 307

sons shall wilfully, maliciously, or contrary to law, take up,
remove, break down, dig under or otherwise injure any part of Penalty for in-
said canal, or any work or works connected with or appertaining ^^""^ '^""^ '
to the same, or any part thereof, such person or persons, for
every said offence, shall forfeit and pay to said corporation
treble such damages as said proprietors shall to the justice, or
court and jury, before whom the trial shall be, make appear they
have sustained by means of such trespass, to be sued for, and
recovered, with costs, in any court proper to try the same ; and
such offender or offenders shall further be liable to indictment for
such trespass or trespasses, and on conviction thereof shall be
sentenced to pay a fine to the use of the Commonwealth, of not
less than ten nor more than fifty dollars.

Sect. 7. Be it further enacted. That the stock and proper- Stock shall be
ty of said corporation shall be divided iflto sixty shares, of one si',a'res.
hundred dollars each, to be paid by the proprietors, certificates
of which shall issue under the seal of said corporation, and be
signed by the president and treasurer thereof, and the said shares
shall be deemed and taken to be personal estate, and may be
transferred by an indorsement, and said transfer shall be recorded
by the clerk of said corporation, and said corporation may make Assessments,
assessments on said shares, for the purpose of effecting the objects
of the corporation : provided, the assessments on each share do not Proviso,
exceed twenty-five dollars, in addition to the above named one hun-
dred dollars already assessed. And if any proprietor of any share
or shares shall neglect or refuse to pay any assessment, for the term
of thirty days after the same hath become due, the share or shares
on which there is a delinquency, may be sold at public auction, Treasurer may
notice of the time and place of sale being given by the treasurer s^ares''"'^"^"'*'
of said corporation, by posting up advertisements thereof, in two
or more public places in the town of Quincy, ten days at least
previous to the time of such sale, and the proceeds of such sale
shall be applied to the payments due on the share or shares so
sold, with incidental chatges, and the surplus if any shall be paid
to the former owner, or to his legal representative on demand,
and such sale shall give a good and con)plete title to the pur-
chaser or purchasers of such share or shares, and he shall receive
a new certificate thereof, which shall be recorded by the clerk of
said corporation, or the said corporation may recover the amount Or corporation
of such assessments and interest and costs, in an action of debt, ^ssessmenirby
in any court having jurisdiction, as they shall elect and determine, action of debt.

Sect. 8. Be it further enacted, That the said corporation
shall be entitled to ask and receive, for their sole benefit, of and
from all vessels, boats, rafts, gondolas, &c. passing through the
locks of said canal, fees or toll, not exceeding the following rates,
viz.: for every ton of stones, six cents per ton ; for every cord Fees or toll.
of wood, twelve and a half cents per cord ; for every thousand
feet of boards, fifteen cents, and other sawed lumber in propor-
tion ; for every hundred feet of timber, ten cents ; for ton tim-
ber, ten cents per ton ; for shingles, four cents per thousand ;
for laths, six cents per thousand ; for clapboards, twenty-five

308

1824.-

-Chap. 150—151.

cents per thousand ; for brick, eight cents per thousand ; and for
lime, four cents per cask ; and ail other articles to pay toll in
proportion to the above named rates ; and [for] every vessel car-
rying passengers, or plying through the locks of said canal as a
packet, for the purpose of carrying passengers or freight, shall
pay six cents per ton for the amount of tonnage she may be able
to carry ; all salt and grain, carried through the locks of said
canal, shall pay one dollar for every hundred bushels ; and at and
after that rate for any greater or less quantity. And said toll
shall commence as soon as said canal shall be passable for vessels
Tolls subject 10 as prescribed by said corporation : provided, however, that the
revision of the fggg qj. jq]] gj^a]) ]qq at g]] ijmes hereafter, subject to the revision
or alteration of the Legislature.

Sect. 9. Be it further enacted, That if said corporation
shall not complete a canal as aforesaid, passable for vessels as
above described, drawing nine feet of water, within three years
from and after passing of this act, the same shall be void. [Je6.
26, 1825.]

Legislature.

Condition of
this act.

Chap\b\,

Persons incor-
porated.

Privileges and
restrictions.

1811 ch. 84.

Proviso.

Capital stock.

Shares, and
the payment
thereof.

An Act to incorporate the President, Directors and Company of the Danvcrs Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Squires Shove, Denison Wallis, Sylvester
Osborn, William Sutton and Ebenezer Shillaber, and their asso-
ciates, successors and assigns, shall be, and hereby are created a
corporation, by the name of the President, Directors and Com-
pany of the Danvers Bank ; and shall so continue until the first
Monday in October, which will be in the year of our Lord one
thousand eight hundred and thirty-one. And the said corpora-
tion shall always be subject to the rules, restrictions, limitations,
taxes and provisions, and be entitled to the same rights, privileges
and immunities, which are contained in an act, entitled "an act
to incorporate the President, Directors and Company of the
State Bank," a bank kept and established in the town of Boston,
except as the same are so far modified or altered by this act, as
fully and effectually as if the several sections of said act were
herein specially recited and enacted. Provided, however, that
the amount of bills issued from said bank, at any one time, shall
not exceed fifty per centum beyond the amount of the capital
stock actually paid in.

Sect. 2. Be it further enacted, That the capital stock of
the said corporation shall consist of the sum of one hundred and
twenty thousand dollars, divided into shares of one hundred dol-
lars each ; thirty-three and one third per centum of which shall
be paid, in gold and silver, on or before the first day of July
next, and the residue in two instalments of forty thousand dollars
each, the first in six months and the second in twelve months
after said first meeting, or at such earlier time or tinies, as the
stockholders may direct at said meeting ; and no dividend shall be
made or declared on the capital stock of said bank, until the
whole of said capital stock shall have been paid in, conformably

missioiiers.

1824. Chap. \5\. 309

to the provisions of this act. And the stockholders, at their first Transferor
meeting, shall, by a majority of votes, determine the mode of ^^"'^^■
transferring and disposing of the said stock and the profits there-
of, which, being entered in the books of the said corporation,
shall be binding on the stockholders, their successors and assigns,
until they shall otherwise determine. And the said corporation
are hereby made capable in law to have, hold, purchase, receive,
possess, enjoy and retain to them, their successors and assigns,
lands, tenements and hereditaments, to the amount of six thousand Real estate.
dollars, and no more, at any one time, with power to bargain,
sell and dispose of the same, and to loan and negotiate their mon-
ies and effects, by discounting on banking principles, on such
security as they shall think advisable : provided^ however, that
nothing herein contained shall restrain or prevent said corporation
from taking and holding real estate on mortgage, or execution, to
any amount, as security for, or in payment of, any debts due to
the said corporation: and provided, further, that no monies shall Proviso.
be loaned, or discounts made, nor shall any bills or promissory
notes be issued from said bank, until the capital subscribed and
actually paid in, and existing in gold and silver in their vaults,
shall amount to sixty thousand dollars, nor until said capital stock Capital to be
actuallv in said vaults shall have been inspected and examined by examined and

, •■ .. , •111 r, return thereof

three commissioners, to be appointed by the governor lor that made by com-
purpose, whose duty it shall be, at the expense of the corpora-
tion, to examine the monies actually existing in the vaults, and
to ascertain by the oath of the directors, or a majority of them,
that said capital stock has been bona fide paid in by the stock-
holders of said bank, and towards payment of their respective
shares, and not for any other purpose, and that it is intended to
remain therein as part of said capital, and to return a certificate
thereof to the governor.

Sect. 3. Be it further enacted, That the said bank shall Location.
be located and kept in the town of Danvers.

Sect. 4. Be it further enacted, That, whenever the Le- Jt°^"^ '° '''^
gislature shall require it, the said corporation shall loan to the wealth?"'
Commonwealth any sum of money, which may be required, not
exceeding ten per centum of the capital stock then paid in, at
any one lime, reimbursable by five annual instalments, or at any
shorter period, at the election of the Commonwealth, with the
annual payment of interest not exceeding five per centum per
annum. Provided however, that the Commonwealth shall never
stand indebted to said corporation, without their consent, for a
larger sum than twenty per centum of their capital then paid in.

Sect. 5. Be it further enacted, That any three of the per- First meeting.
sons named in the first section of this act, are authorized to call
a meeting of the members and stockholders of said corporation,
at such time and place as they may see fit to appoint, by adver-
tising the same in the Salem Gazette, printed in Salem, for the
purpose of making, ordaining, and establishing such by-laws and By-laws,
regulations for the orderly conducting the affairs of the said cor-
poration, as the stockholders shall deem necessary, and for the

310

1824.-

-Chap. 131.— 154.

Commonwealth

may subscribe
to the capital
stock.

Condition of
charter.

Corporation lia-
ble to pay ori-
ginal amount of
altered notes.

Stereotype
plate.

Capital stock
shall not be sold
for one year.

Bond of cash-
ier.

C/iop 154.

[Repealed
1829 ch. 104.]
Persons incor-
porated.

Powers.

Capital stock.
Shares and the
payment
thereof.

Transfer of
stock.

choice of a board of directors to consist of nine persons, and
such other officers as they shall see fit to choose.

Sect. 6. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall make provision
therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding one half part of the stock actually paid
in, to be added to the capital slock of said corporation, subject
to such rules, as to the management thereof, as shall be by the
Legislature made and established.

Sect. 7. Be it further enacted, That in case the said bank
shall not be put into operation, according to the provisions of
the charter, within one year from the passing of this act, then
the same shall be void.

Sect. 8. Be it further enacted, That the said corporation
shall be liable to pay any bona fide holder the original amount of
any note of said bank counterfeited or altered in the course of its
circulation, to a larger amount, notwithstanding such alteration,
and shall also be holden to pay to any bona fide holder the
amount of any note of said bank counterfeited, unless all the
notes actually issued by said corj)oration shall be printed or im-
pressed with the stereotype plate.

Sect. 9. Be it further enacted, That the capital stock of
the said bank shall not be sold or transferred, but be holden by
the original subscribers thereof, for and during the term of one
year from the passing of this act.

Sect. 10. Be it further enacted, That the cashier, before
he enter upon the duties of his office, shall give bond w iih sure-
ties to the satisfaction of the board of directors, in a sum not less
than twenty thousand dollars, with conditions for the faithful dis-
charge of his office. [Fe/>. 26, 1825.] Add. acts, 1830 ch.
58: 1832 ch. 110.

An Act to incorporate the President, Directors, and Company of the Farmers Bank

in Belchertown.

Sf.ct. 1. BE it enacted by the Senate and House of Represevtathes , in General
dourt assembled, and hij the anthoriitj of the same, That Joseph Bridgman, Jr., Mark
Doolitlle, .loseph Strong. Azor Moody, Charles Farry, F.iihii l.ynian, Jonathan Dwight,
Mason Shaw, Philo Dickinson, EInallian Jones, Thomas Jones, John Wyles, James H.
Clapp, Theodore Bridgman, Henry Meilen and Amos Mason, with their associates,
successors and assigns, shall be, and arc herein' created a corporation, by the name of
the President. Directors and Company of the Farmers Bank, and shall so continue un-
til the first Monday ol October, in the year of our Lord one thousand eight hundred and
thirty one ; and by that name shall be. and are hcrebj- made capable in law to sue and
be sued, plead and be impleaded, defend and be defended, in any court of record, or
any other place whatever ; and also to make, have or use a common seal ; and to
ordain, establish and put in execution such by-laws, ordmances and regulations as to
them shall appear necessary and convenient for the government of said corporation,
and the prudent management of its concerns: provided, such by laws, ordinances and
regulations shall be in no wise contrary to the constitution and laws of this Common-
wealth ; and the said corporation shall be always subject to the rules, restrictions,
limitations and provisions herein contained.

Sect. 2. Be it further enacted. That the capital stock of said bank shall consist of
the sum of one hundred thousand dollars, in gold and silver, in shares of one hundred
dollars each, to be paid in, in the following manner, viz.; one fourth part thereof on or
before the first day of July next, one fourth part thereof on or before the first day of
October next, one" fourth part thereof on or before the first day of January next ; the
residue on or before the first day of July thereafter ; or at such earlier time as the
stockholders, at any meeting, may order; and no dividend or profit shall be declared,
or paid on the capital of saKl bank, until the whole of said stock shall have been paid
in, conformably to the provisions of this act ; and the stockholders at their first meeting
shall, by a majority of votes, determine the mode of transferring and disposing of the

1824. Chap. 154. 311

stock and profits of said banli, wiiich, being entered on tlie books of said corporation,
shall be binding on liic slockiioldcrs, llieir successors and assigns. And llie siird corpo-
lation are hereby made capable in law to have, hold, purchase, receive, |)o.ssess, enjoy
and retain to ihcni, their successors and assigns, lands, tenements and iierediianienis, Real estate,
to the amount of four thousand dollars, and no more at any one lime, with power to
bargain, sell and dispose of the same, and to loan and negotiate their monies and
eft'ects, l)y discounting on banking principles, on such security as they shall think pro-
per : provided, however, that nothing herein contained shall jHevenl said corporation Provisos,
from taking and holding real estate on morlgugc, or on execution, to any amount, as
security for, or in payment of any debt due to said corporation ; and provided, further,
that no money shall be loaned, or discounts made, nor shall any bills be issued from
said bank, until the capital subscribed and actually i)aid in, and existing in gold and
silver in the vaults of the same, shall amount to fifty ihousand dollars.

Sect. 3. Be it further enacted, That the rules, limitations and provisions which
are provided in and by the third section of an act, entitled " an act to incorporate the 1811 eh. 84.
President, Directors and Company of the Slate Bank," shall be binding on iht bank
hereby eslablislied, in the same manner as though specially recited in this act, except- Bond of cashier,
ing that the bond to be given by the cashier shall be in the penal sum of twenty thou-
sand dollars ; and the number of directors lo be annually chosen shall be nine, and be Number of dl-
inhabilants of, and residents in this Commonwealth, and accountable lor the doings of rectors,
the whole board, live of whom may constitute a quorum for transacting business : pro- Amount of bills
vided, ihalthe amouiit of the bills of the said bank, m circulation, shall not, at any tune, in circulation,
exceed fifty per centum beyond the amount of the capital actually paid in.

Skct. 4. Bi- itfurllier enacted, That said bank shall be established and kept in the Location,
town of Belchertown, in the county of Hampshire.

Sect. 5. Be it further enacted, That any committee, specially appointed by the Legislature
Legislature for that purpose, shall have a right lo examine into ilie doings of said cor- may examine
poration, and shall have free access lo all their books and vaults, and if, upon such into the doings
examination, it shall be found, and, after a full hearing of said corporation thereon, be of the corpora-
delerniined by the Legislature, that the said corporation have exceeded the powers lion,
herein granted them, or failed to comply with any of the rules, restrictions or condi-
tions in this act provided: this act of incorporation shall thereupon be declared lo be
forfeited and void.

Sect. 6. Be it further enacted, That the persons herein before named, or any two First meeting,
of them, are authorized lo call a meeting of ihe stockholders of said corporation, at a
convenient lime and place, by advertising the same three weeks successively in ihe
Hampshire Gazette, a paper printed m JN'orthampton, for the purpose of making,
ordaining and establishing such by-laws, ordinances and regulations, for ihe orderly By-laws,
conducting the alTairs of said corporation, as the stockholders shall deem necessary,
and for the choice of the first board of directors, and such other officers as they shall see
fit lo choose.

Sect. 7. Be it further enacted, That the Coinmonwealth shall have a right, Common-
whenever the Legislature shall provide therefor, lo subscribe, on account of said wealth may
Commonwealth, a sum not exceeding fitly Ihousand dollars, to be added lo the capital subscribe to the
stock of said corporation herein before provided for, and whenever the Commonwealth capital stock,
shall become so interested in said bank, the governor and council shall have a right to
appoint four additional directors for the management of the same.

Sect. 8 Be it further enacted. That the said corporation shall be liable to pay any Corporation lia-
bona fde holder, the original amount of any note of said bank altered to a larger ble to pay ori-
amount in the course of its circulation, notwithstanding such alteration, and shall also ginal amount of
be liable to pay lo any bona fde holder the amount o( any note of said bank counter- altered notes,
feiled, excepting such note is printed or impressed with the stereot3'pe plate.

Sect. 9. Be it further enacted, That the said corporation, from and after the first Tax.
day of October next, shall pay, by way of tax, to the treasurer of this Commonwealth,
for the use of the same, within ten days after the first Monday of October and April
annually, the half of one per centum on the amount of slock which shall have been
actually paid in.

Sect. 10. Be it further enacted. That one tenth part of the whole capital of said Loans for the
bank may always be appropriated lo loans lo be made exclusively lo citizens of this encouragement
Commonwealth, wherein the directors shall particularly' regard the manufacturing and of the agricul-
agricultural interest in the same, which loans shall be made in sums not exceeding five tural and nianu-
hundred dollars, nor less than one hundred dollars, lo be secured by the personal bond facluring inler-
of the borrower, and a satisfactor}' mortgage of real estate as collateral security, lor est.
the term of not less than one year, the interest on all such loans lo be paid annually,
and the estate so mortgaged subject to the same forfeitures and entitled lo the same
rights of redemption as is by law provided in other cases.

Sect. 11 Be it further enacted, That whenever the Legislature shall require it, the I-oans to
said corporation shall loan to the Commonwealth any sum of money which may be the Common-
required, not exceeding iwent}' per centum of the capital slock actually paid in, reim- wealth,
bursable by five aimual instalments, or at any shorter period at ihe election of the
Commonwealth, with the annual payment of interest at a rate not exceeding five per
centum per annum.

Sect. 12. Be it further enacted. That the capital slock of the said bank shall not Capital slock
be sold or transferred, but be holden by the original subscribers thereto, for and during shall not be sold
the term of one year from the lime of passing this act ; and in case the same shall not for one year,
be put into operation according to the provisions thereof, within the year aforesaid, it
shall be void. [Feb. 26, 1825.] Repealed 1829 ch. 104.

312

1825.-

-Chap. 1—2.

ChllT) 1 ^" ^^^ authoiizing the Selectmen of the town of Charlestown to regulate the Police
-t * * in certain cases.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
Power of select- That the selectmen of the town of Charlestown be, and they
'"*'"■ hereby are authorized, to appoint as many special police officers,

as they may think expedient, for the preservation of the peace,
and for the apprehending persons guilty of any breach thereof,
on the seventeenth day of the present month of June ; which
police officers shall be sworn to the faithful discharge of the du-
ties incumbent on them by such ajipointment, and shall have the
same power, as is by the laws of this Commonwealth given to
constables in the execution of the duties aforesaid, including a
power to command assistance. [June 16, 1825.]

Chap. 2.

1822 ch. 29.

When unlawful
to set fire in the
woods ol Sand-
wich.

Penalty for vio-
lation of this
act.

Selectmen
charged with
the execution
of the law.

Repeal of act,
1822 ch. 29,
so far as it re-
jates to Sand-
wich.

An Act to preserve the Forest and Wood Lands from fire, in the town of Sandwich,
in the county of Barnstable.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That from and after the passing of this act, it shall not
be lawfid for any person to set fire or continue the same to any
coal pit, for the manufacture of coal, in the woods and forests of
the town of Sandwich, or for the purpose of burning the under-
brush, for clearing up the lands within the limits of said town,
except from and after the first day of October to the first day of
March, in each year, and at no period of the year, save as above
excepted, shall fires be allowed to be placed or continued in said
town, except said coal pits be fired in the open fields, and not
less than sixty rods from any forest, for the purposes above ex-
pressed, under the penalty of what shall hereafter be provided in
this act.

Sect. 2. Be it further enacted. That if any person or per-
sons shall be found guilty of violating the provisions of this law,
or any owner of the land upon which the fire shall be so set, con-
senting thereto, or suffering the same to be done, he or they shall
forfeit and pay, on conviction thereof, before any court of com-
petent jurisdiction, the sum of five hundred dollars, to be recov-
ered by the selectmen of said town of Sandwich, for the use and
benefit of said town, for such offence, by indictment or informa-
tion, and shall furthermore be answerable in damages to the
individual ))roprietors of land, whose wood has been burnt by the
violation of this law.

Sect. 3. Be it further enacted. That the selectmen of the
said town of Sandwich, for the time being, be charged with the
due execution of this law, and are hereby authorized to cause
all fires commenced and continued for the purposes aforesaid,
contrary to the provisions of this act, to be immediately extin-
guished.

Sect. 4. Be it further enacted. That the act which passed
on the fourteenth day of January, in the year of our Lord one
thousand eight hundred and twenty-three, entitled an act to regu-
late the burning of coal pits in the towns of Plymouth, Kingston,

1825. Chap. 2—3. 313

Carver and Wareham, in the county of Plymouth ; and Sand-
wich, in the county of Barnstable, be repealed, so far as respects
the town of Sandwich, after the passing of this act: provided. Proviso.
nevertheless, that if any action or suit shall be pending under the
provisions of said act, at the time of the passing of this act, they
shall have day and full legal effect, as though no repealing clause
respecting its operation on the town of Sandwich, had been in-
serted in this bill.

Sect. 5. Be it further enacted, That it shall not be lawful Unlawful to

r t- r 1 ■ I • 1 I carry fire, unless

lor any person to carry ure Irom any cabin or house m the woods ;„ covered ves-
of said town, without carrying the same in some covered vessel, sel.
under the penalty of twenty-five dollars, to be recovered in the
manner provided in this act. [June 16, 1825.] Add. act,
1825 ch. 140.

An Act for ihe regulation of Lamps in the city of Boston. CflCip. 3.

Sect. 1. BE it enacted by the Senate and House of Repre- June 29, 1773.
sentatives, in General Court assembled, and by the authority of the (v- 3. Appx. p.
same, That from and after the publication of this act, it shall be i796ch. G9.
lawful for the mayor and aldermen of the city of Boston, for the Mayor and al-
time beins,, to cause to be set up and affixed such and so many ^<'''inen author-

1 • ? I . 1 • I -J • r I ized to erect

lamps in the streets and other places in the said city, lor the pur- lamps,
pose of lighting the same, as they may determine to be conveni-
ent and necessary ; and the said mayor and aldermen are hereby
empowered to make all necessary contracts, rules, orders and
regulations respecting the said lamps, and the lighting and keeping
the same in repair, and the regulation and preservation of the
same, as they may deem most for the benefit of said city.

Sect. 2. Be it further enacted. That whoever shall wilfully, Fines and pen-
maliciously, carelessly or wantonly break, throw down, extinguish, fn^'iamps.""'"'^'
or otherwise injure any of the said lamps, or the posts, irons, or
other furniture to the same belonging, shall be liable to the fines,
penalties and forfeitures which are provided in and by an act,
entitled "an act to prevent the wanton destruction of lamps," 1823 ch. 113.
made and passed on the eighteenth day of February, in the year
of our Lord one thousand eight hundred and twenty-four, to be
recovered and appropriated in the manner provided in said act.

Sect. 3. Be it further enacted, That the act entitled "an Repeal of act,
act for regulating lamps already set up, or that may hereafter be 1*773^ (^."3. '
set up, for enlightening the streets, lanes, alleys or passage ways Appx. p. 27.)
in the town of Boston, and to prevent the breaking or otherwise V796^ch.*^69? ''^
damnifying the same, and also establishing the method for paying
the expenses that may arise in supporting or maintaining said
lamps," be and is hereby repealed : provided, the said act shall
remain in force as to all fines, penalties, and forfeitures, which
have been incurred prior to the passing of this act, in and by
virtue thereof. [June 16, 1825.]

VOL. VI. 40

314

1825.-

■Chap. 4.

Chap. 4.

Persons incor-
porated.

May receive de-
posits.

Disposition of
income.

Power to elect
members.

Deeds and con-
veyances

Place and time
of meeting' an-
nually.

An Act to incorporate the New Bedford Institution for Savings.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That William Rotch, Jr., Gilbert Russell, Cornelius
Grinnell, Andrew Robeson, Hayden Coggshall, Benjamin Rod-
man, .John A. Parker, Eli Haskell, Richard Williams, George
Howland, .losepli Bourne, Abraham Shearman, Jr., William
W. Swain, Thomas Rotch, Thomas A. Green, Charles W.
Morgan, Samuel Rodman, Jr., John B. Smith, William C
Nye, Thomas S. Swain, William H. Allen, Lemuel Williams,
Jr., John Howland, Jr., Charles H. Warren, William P.
Grinnell, Joseph Richetson, Charles Grinnell, Nathan Bates,
John Coggshall, Junior, James Howland, the 2d, and Gideon
Howland, be and they hereby are incorporated into a society, by
the name, style, and title of the New-Bedford Institution for
Savings, and that they and such others as shall be duly elected
members of the said corporation, as in this act is provided, shall
be and remain a body politic and corporate, by the same name,
style, and title forever.

Sect. 2. Be it further enacted. That the said society and
corporation shall be capable of receiving from any person or
persons, disposed to obtain and enjoy the advantages of said
institution, any deposit or deposits of money, and to use and im-
prove the same for the purposes, and according to the directions
herein mentioned and |)rovided.

Sect. 3. Be it further enacted. That all deposits of money
received by the said society, shall be by the said society used and
improved to the best advantage ; and the income or profit there-
of shall be by them applied and divided among the persons
making the said deposits, their executors, administrators, or as-
signs, in just proportion, with such reasonable deductions, and
the principal of such deposits may be withdrawn at such times,
and in such manner as the said society shall direct and appoint.

Sect. 4. Be it further enacted. That the said society
and corporation shall, at their annual meeting in January, have
power to elect by ballot any other person or persons as mem-
bers of the said society.

Sect. 5. Be it further enacted, That the said society may
have a common seal, which they may change and renew at plea-
sure, and that all deeds, conveyances and grants, covenants and
agreements made by their treasurer, or any other person by their
authority and direction, according to their institution, shall be
good and valid, and the said corporation shall, at all times, have
power to sue, and may be sued, and may defend, and shall be
held to answer, by the name, style, and title aforesaid.

Sect. 6. Be it further enacted, That the said society shall
hereafter meet at New-Bedford, some time in the month of Jan-
uary, annually, and as much oftener as they may judge expedi-
ent ; and any seven members of the said corporation, the pres-
ident, secretary, or treasurer being one, shall be a quorum, and
the said society, at their meetings in January, annually, shall

1825. Chap. 4—5. 315

have power to elect and choose a president, and all other such of- K'eciion of of-
ficers, as to them shall appear necessary, which officers so
chosen, shall continue in office one year, and until others are
chosen in their I'oom ; and all officers so chosen, shall be under
oath to the faithful performance of the duties of their offices re-
spectively.

Sect. 7. Be it further enacted, That the said society here- By-laws.
by are, and forever shall be, vested with the power of making
laws for the more orderly managing the business of the corpo-
ration : provided, the same are not repugnant to the constitution
or laws of this Commonwealth.

Sect. S. Be it further enacted, That William Rotch, Jr., First meeting.
Esq. be, and he hereby is authorized, by public notifications in
the New-Bedford newspapers, to call the first meeting of the
said society, at such time and place as he shall judge proper.

Sect. 9. Be it further enacted, That the officers and Legislative ex-
agents of the said institution, shall lay a statement of the affairs control,
thereof before any persons appointed by the Legislature to ex-
amine the same, whenever required so to do, and shall exhibit
to them all the books and papers relating thereto, and shall sub-
mit to be examined by them, concerning the same, under oath.
And the Legislature may, at any time, make such further regu-
lations for the government of said institution, as they may
deem expedient, and may alter, amend, or repeal this act at
pleasure. [June 16, 1825.]

An Act to incorporate the Wadsworth Monument Association. ^j p.

Sect. 1. BE it enacted by the Senate and House of Repre- ^'

sentatives, in General Court assembled, and by the authority of
the same, That William Hunt, Asher Goodnow, John Brown, persons incor-
Luther Goodnow, Adam How, Isaac Gibbs, Abel Dakin, Reu- porated.
ben Moore, Drury Fairbanks, Jonathan Fairbanks, Jr., John
Hunt, William Rice, Levi Smith, Russell Haynes, Asa Bal-
com, David Lincoln, Warren Moor, David Howe, Warren
Maynard, Varnum Balcom, Gardner Hunt, Hull Goodnow,
Christopher G. Cutter, Luther Hunt, Timothy Johnson, Wil-
liam Brigham, Henry Richardson, Benjamin H. Richardson,
Enoch Kidder, John Taylor, Ezra Bigelow, Samuel Knight,
Edward Fisher, Gideon Richardson, and Israel H. Brown,
their associates and successors be, and they are hereby, made a
body politic and corporate by the name of " The Wadsworth
Monument Association," with all the powers, and subject to all
the duties of aggregate corporations, and for the purposes here-
in after named.

Sect. 2. Be it further enacted, That said corporation shall May hold real
have power to take and hold by gift, grant, or devise, such real e^tltetfoMhe
and personal estate and property as may be necessary or con- construction of
venient, to promote the objects of the incorporation, viz. the a monument,
construction of a monument in Sudbury to perpetuate the mem-
ory of the gallant Captain Wadsworth and his associates, who
fell in battle with the Indians, on the eighteenth day of April,

316

1825-

-Chap. 5 — 6.

First meeting.

By-laws.

Chap. 6.

Persons incor-
porated.

Powers grant-
ed.

Choice of offi-
cers.

Real estate.

Proviso.

in the year of our Lord one thousand six hundred and seventy-
six, on Green Hill, in Sudbury ; and such repairs as may be
necessary to keep the same in good condition, the amount of
said real estate not to exceed five hundred dollars, and of said
personal estate not to exceed two thousand dollars.

Sect. 3. Be it further enacted. That the said William
Hunt, Asher Goodnow, and Henry Richardson, or any two of
them, may call the first meeting of said corporation, by posting
up advertisements thereof, at two or more public places in said
town of Sudbury, ten days at least before the time of said
meeting, at which, or at any subsequent meeting, said corpora-
tion may choose such officers, agents, and trustees, as they may
think proper, and establish such by-laws and regulations for their
own government and the management of their concerns, not re-
pugnant to the laws and constitution of this Commonwealth, as
they may deem necessary, and the same may modify and annul
at pleasure. [June 16, 1825.]

An Act to incorporate the Barton Point Association.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled., and by the authority of
the same, That John Bryant, William Sturgis, Samuel Whit-
well, Junior, George Bond, Benjamin Seaver, and their associ-
ates, successors and assigns, be, and they hereby are constituted
a body politic and associate, by the name of the Barton Point
Association ; and the said corporation, by that name, is hereby
declared and made capable to sue and be sued, to have a com-
mon seal, and the same to alter at pleasure ; to make rules and
by-laws for the regulation and management of the affairs of the
said corporation, consistent with the laws of this Commonwealth,
and generally to do, execute, and perform all such acts, matters
and things as belong and appertain by law to bodies politic.

Sect. 2. Be it further enacted, That the members of the
said corporation, at their first meeting, and afterwards, annually,
on such day as shall be established by the by-laws, shall choose
five directors, one of whom shall be the president, who shall have
the general direction and management of their affairs ; a clerk w ho
shall be under oath ; a treasurer, and such other officers and
agents as the corporation shall deem necessary and expedient ;
and the ofiiicers so chosen from time to time, shall hold their re-
spective offices for one year and until others shall be chosen in
their stead.

Sect. 3. Be it further enacted, That the said corporation
be, and the same hereby is declared and made capable to have,
hold and possess in fee simple or otherwise, all that real estate
now or lately belonging to the city of Boston, and known by the
name of the 'Alms-house Estate,' and any other real estate not
exceeding in value one hundred thousand dollars, exclusive of
said alms-house estate, with all the rights, privileges, and appur-
tenances to the same belonging : provided, the said corporation
shall acquire the same by legal grant from the lawful proprietors

1825 Chap. 6. 317

thereof. And the said corporation shall have power to sell, grant Power to sell or
or convey, in fee simple or otherwise, any real estate which may \^^^l'^ '^''' *^*'
be owned by it; and may lease, manage or otherwise improve the
same, or any part thereof, in such form and manner as the direc-
tors, or the major part of them, shall, at any legal meeting, order
and direct ; and all deeds and instruments, for the conveyance or
leasing of real estate, sealed with the common seal, and signed by
the president, by authority of the directors, shall be binding on
the said corporation.

Sect. 4. Be it further enacted^ That the property of Shares,
said corporation shall be divided into shares, numbered pro-
gressively from number one ; and each member of tlie corpora-
tion shall have a certificate signed by the president and treasurer,
with the corporate seal affixed thereto, containing the number of
the share held and owned by him, which shares shall be deemed
and considered as personal estate ; shall be transferable by as- Transferor
signment on the back of the certificate, recorded by the clerk of shares.
the corporation, in a book to be kept for that purpose, and shall
be liable to attachment on mesne process, and sale on execution,
in the manner and according to the form of the statutes making
provision for the attachment and sale of shares of debtors in in-
corporated companies ; and upon the surrender of any certificate
by the assignee of any share, to the treasurer of the said corpo-
ration, a new certificate shall be issued and delivered by him to
such assignee.

Sect. 5. Be it further enacted^ That the real estate and other corporate es-
propertv of the said corporation shall be liable to be attached on t^'e may be at-

II (V 11 ^- • i .1 tacneo and re-

mesne process, and to be set off or sold on execution, agamsttne cieemedas
corporation, in the same manner as the property or estate of in- property of in-
dividuals is by law subject to mesne or final process, and the said ^g^ "^* "^
corporation shall be entitled to redeem any estate set ofTor sold,
as aforesaid, upon the same terms and in the same manner as in-
dividuals are by law entitled to redeem the same.

Sect. 6. Be it further enacted^ That the said corporation Corporation
shall have power, from time to time, to assess on the stockhold- ""^y P?j^*„

r ' I •• I I 1 1 1 stockholders,

ers, such sums oi money, not exceeding m the wtiole tliree liun-
dred dollars on each share, as may be deemed necessary for the
purchase or improvement of any real estate, or the erection, al-
teration or repairing of any buildings, or for the incidental ex-
penses of the corporation. And in case any member shall refuse _and sell de-
or neglect to pay any such assessment, at the time fixed for the linquents'
payment thereof, the directors shall cause so many of his shares ^^^^^ '
to be sold by the treasurer, at public auction, to the highest bid-
der, giving notice of the time and place of sale, by publication in
two newspapers printed in Boston, at least three times in each
paper, the first to be not less than ten days before the sale, as
shall be sufficient to produce the amount assessed and unpaid,
and after deducting such amount, and all the charges of sale and
advertising, the surplus, if any, shall be paid over to the delin-
quent proprietor upon demand ; and the purchasers of the shares

318

1825.-

-Chap. 6 — 7.

Right of voting.

First meeting.

Contracts bind-
ing on individu-
al stockholders.

Chap. 7.

Persons incor-
porated.

Powers and
privileges.

First meeting.

sold as aforesaid, shall be entitled to receive certificates therefor,
in form aforesaid.

Sect. 7. Be it further enacted^ That in all meetings of
the stockholders in the said corporation, each member shall be
entitled to one vote for each share held by him : provided^ that
no member shall be allowed more votes than one third of the
whole number of shares in the corporation ; and any member may
appear and vote at any meeting by his proxy, appointed in writing.

Sect. 8. Be it further enacted, That either of the persons
named in the first section of this act, may call the first meeting of
the said corporation, by advertisement in any newspaper printed
in Boston, three times, the first to be not less than ten days be-
fore the day appointed for snch meeting ; and the corporation
may at such, or any other meeting, agree on the mode of calling
• future meetings : provided^ hoicever, that all contracts which shall
be made by said corporation, shall be binding on each one and
all of those persons, individually, who shall be stockholders in
said corporation when such contracts respectively are made, and
on their respective heirs, executors and administrators, in the
same manner as if such contracts had been made by such stock-
holder or stockholders, in his, her or their individual capacity.
[JunelQ, 1825.]

An Act to incorporate the First Congregational Society in Southwick.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authonty of
the same, That Saul Fowler, Matthew Laflin, William Palmer,
Reuben Dibble, Doras Stiles, Horace Moore, Salmon Foote,
Chester Palmer, Abiel Cushman, Philip N. French, Reuben
W. Dibble, Alexander A. Pomeroy, Norman Adams, Ebenezer
R. Webb, ,Joel Hough, John H. Rising, Charles Bingham,
Solomon Smith, Trueman Gillet, Phineas Stevens, Richard
Mather, Uzal Rockwell, Horace Moore, Jr., L. W. Hum-
phreys, Enoch Hine, Theron Spring, Jesse Stevens, Josiah
W. Stevens, Thaddeus Foote, Silas Granger, Jerry Hine, Eli-
akirn Stiles, Shem Loomis, Enos Foote, Abraham Rising, Jr.,
Daniel Palmer, Beman Palmer, Heman Laflin, Cutler Laflin,
Williams Fowler, Edmund Fowler, John Mills, Friend Kellog,
David Ives, Alexander Rising, John Root, 2d, Samuel Bying-
ton, Aaron Frost, Daniel French, and Rowland Loomis, with
such others as may associate with them, and their successors, be,
and they hereby are incorporated into a society, by the name of
the First Congregational Society in Southwick, with all the pow-
ers-and privileges to which other religious societies are entitled
by the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That the first meeting of
said society shall be convened by a warrant, to be issued by any
justice of the peace in the county of Hampden, directed to any
member of said society, requiring him to notify the members of
said society, to meet at a suitable time and place, to be appointed
in said warrant. [June 18, 1825.]

1825. Chap. 8—9. 319

An Act in addition to an Act, entitled " An Act authorizing tiie United States to pur- /"'/j/yr) 8
chase a certain tract of land in Cliarlestown, for a Navy Yard," and in addition to ^''''^J-'' "•
an Act, entitled "An Act for incorporating' certain persons lor the purpose of inyinij 1800 ch. 2fi.
out and making- a Turnpike-road from Salem to Charles River Bridge, for building 1801 ch. (J3.
the necessary bridges on said road, and for supporting the same." (v. 2. p. 50G.)

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives., in General Court assembled^ and by the authority of
the same., That the consent of this Commonwealth be, and here- U.S. may pur-
by is granted to the United States, to purchase, in addition to Qfarkstoll"
the tract of land now owned by the United States, situated in the
north-easterly part of the town of Charlestown, in the county of
Middlesex, and occupied as a navy yard, so much land adjoining
thereto, as may be necessary for the purpose of rendering the
boundary lines of the navy yard, bordering on the Salem turn-
pike, straight. The evidence of the purchase aforesaid to be
entered and recorded in the registry of deeds, in the said county
of Middlesex : provided, always, and the consent aforesaid is Proviso,
granted upon the express condition, that this Commonwealth shall
retain a concurrent jurisdiction with the United States, in and
over the tract of land aforesaid, so far as that all civil, and such
criminal processes as may issue under the authority of this Com-
monwealth, against any person or persons charged with crimes
committed without the said boundary lines of the said tract of
land, may be executed therein in the same way and manner as
though this consent had not been granted.

Sect. 2. Be it further enacted, That the Salem Turnpike Turnpike and
and Chelsea Bridge Corporation be, and they hereby are author- \'P'^s^ corpora-
ized and etnpowered to convey to the United States so much ol land,
the land now owned or possessed by them in the town of Charles-
town, as may be necessary to make the boundary lines of the
navy yard straight ; and that the said Salem Turnpike and Chel-
sea Bridge Corporation be, and are hereby authorized and em- —and may
powered to purchase so much land, in addition to the land now P^fchase.
owned or possessed by them in Charlestown aforesaid, and ad-
joining thereto, as may be necessary to make the boundary lines
of said turnpike road straight ; and as may be necessary to ena-
ble them to make the turnpike road passsing through the town of
Charlestown, of the width required by their act of incorporation..
[June 18, 1825.]

An Act in addition to an Act, entitled " An Act to establish a corporation by the ^'<^CLP' »?.
name of the Plumb Island Turnpike and Bridge Corporation." 1805 ch 41

WHEREAS, in the said act, it is provided that there shall be Preamble.
an arch under the said bridge of fifty feet in width, the under
side of the arch to be at least eight feet above high water mark,
at a common tide.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authoritii of the same. That ^^'■' °^ '""'"mer

. . «/ «/ ' act rcpcalsct.

so much of the said act as requires the said arch to be eight feet in
height, be, and the same is hereby repealed '.provided, that the said Proviso,
arch be at all times as high as it was made at the last time the said
bridge was repaired : and provided, also, that the Legislature
may, at any time hereafter, repeal this act, and restore the pro-
vision in the act to which this is in addition. \^June 18, 1825.]

320

1825..

-Chap. 10—12.

Chap. 10.

1824 ch. 132.

Increase of cap-
ital stock.

Proviso.

An Act in addition to an Act, entitled '•' An Act to incorporate the United States In-
surance Company."

BE it enacted by the Senate and House of Representatives^ in
General Court assembled^ and by the authority of the samCj
That the United States Insurance Company be, and they here-
by are, authorized to increase their present capital stock, by the
additional sum of one hundred thousand dollars : provided, that
one half the same shall be paid in money witiiin sixty days ;
and the reiTiainder within one year from the passing of tiiis act.
[June IS, 1825.] Add. act, 1825 ch. 142.

KyllCLp* 11. An Act in addition to an Art, entitled " An Act to incorporate the Hampshire and
Hampden Canal Company."

'^ ' ' Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority
of the same, That the Hampshire and Hampden Canal Com-
pany, be, and they hereby are authorized and empowered, at
any future meeting of the said company, legally called and as-
sembled for that purpose, to adopt regulations reducing their toll
to any sum they may judge expedient, to make a difference in
their toll between empty and full boats, and to vary their tolls
according to the articles transported : provided, that in no case,
shall a higher toll be demanded, or received, than is authorized
by the act to which this is in addition.

Sect. 2. Be it further enacted. That the members of the
said company, in their individual capacity, shall not be liable to
respond such judgments and executions as may be awarded
against the said corporation, but all such executions shall be lev-
ied only on the goods, estate, lands, rights, credits, and franchise
of the said corporation, any thing in the act to which this is in ad-
dition, to the contrary notwithstanding.

Sect. 3. Be it further enacted, That instead of the ratio of
votes fixed in and by the eleventh section of the act to which
this is in addition, there shall be allowed one vote for each and
every share in the common stock of the company. [June 18,
1825.] Add. acts, 1829 ch. 50 : 1832 ch. 47 : ]836ch. 199.

An Act to incorporate the Trustees of the Burley Education Fund in Ipswich.

WHEREAS, William Burley, late of Beverly, in the coun-
ty of Essex, Esquire, deceased, by his last will and testa-
ment, which has been duly approved and allowed, did give, for
the use of the inhabitants of the town of Ipswich, in said county,
an annuity, to continue for the term of ten years, "for the sole
purpose of teaching poor children to read, and instructing them
in the principles of the Christian religion ;" and whereas, the
executors of said William Burley, for the purpose of extending
and perpetuating the pious and benevolent intentions of the do-
nor, have agreed to pay the whole of said annuity in advance, to
constitute a permanent fund for the purpose of educating children
and youth in said town of Ipswich, on certain conditions, which
said town have agreed to accept.

Authorized to
reduce their
toll.

Proviso.

Members not
liable in their
individual ca-
pacity.

One vote for
every share.

Chap. 12.

Preamble.

1825. Chap. 12. 321

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same. That Nathaniel Lord, Jr., and William Conant, Jr., persons incor-
Esqrs., Josiah Brown and John Kimball, gentlemen, and Dan- porated.
iel Cogswell, merchant, all of said Ipswich, be, and hereby are,
incorporated into a body politic, by the name of The Trustees
of the Burley Education Fund in Ipswich, and they and their
successors shall be and continue a body politic and corporate by
that name forever ; and they shall have a common seal, which
they may alter at their pleasure ; and they may sue and be sued, Powers,
in all actions, real, personal, and mixed, and prosecute and de-
fend to final judgment and execution, by the name aforesaid.
And said trustees and their successors, are hereby authorized to Trustees may
receive any donations for the purpose of promoting the education receive dona-
of children and youth in said town, and the same to place on the
books and accounts to be kept by them, with the amount of each
donation, and the time when made : provided, the annual income
of said funds shall not exceed the sum of three thousand dollars ;
and the said trustees shall and may annually elect from their own
body or otherwise, as they may think proper, a clerk, who shall Elect officers.
be under oath faithfully to record the doings of said trustees, at
their meeting, and a treasurer, to receive and apply the monies
herein after mentioned, as herein after directed, who shall give
bonds, with sufficient sureties, to said trustees, in such sum as
they may direct, faithfully to perform his duty, and render an
account of all monies which may come into his hands as treasu-
rer aforesaid, and to be responsible for all negligence and mis-
conduct in his office, and from time to time, such other officers
or agents as may be necessary for the better managing of their
funds ; and also to make and ordain such rules, regulations, and make rules and
by-laws, not repugnant to the constitution or laws of this Com- by-laws.
monweahh, as they may from time to time think proper, and
not less than three of said trustees shall constitute a quorum for
doing business.

Sect. 2. Be it further enacted, That the term of one of the Term of office
trustees herein before named, in his said office, shall, by lot ex- ofirustees.
pire at the annual town meeting every second year following the
passing of this act, at the expiration of which terms successively,
the said town, at its annual meeting, shall elect by ballot, one
suitable person, being an inhabitant of said town, in the place of
him whose term so expires, to hold his office for ten years ; and
so the term of one member expiring biennially, a new election
shall be made by said town at its annual meeting, in like manner,
biennially, forever. And said trustees shall always be inhabi-
tants of said town ; and not more than two of said trustees shall
be residents in any school district, while there shall be five such
districts in said town : provided, however, that if the place of Filling of va-
any one of said trustees should become vacant by death, resig- <=ancies.
nation, removal from the town or otherwise, the said trustees
shall have power to elect a member, by ballot, to fill the place,
thus vacated, for the remainder of the term for which such per-

VOL. VI. 41

322

1825.-

-Chap. 12.

son may have been elected ; and if said town, at its annual meet-
ing, when it shall come in course to make a new election in
place of one whose term expires, shall refuse or neglect to make
such election, then such election shall devolve on said trustees.
And each of the persons herein before named, and every person
hereafter elected a trustee, and accepting his office, shall, before
entering on its duties, make solemn oath that he will faithfully
and impartially discharge the duties of his office, according to
the best of his abilities and understanding.
Funds to beput Sect. 3. Be it further enacted^ That the sum to be received
out at interest jjy gaij trustees of said executors, and all other sums of money
to accumulate, or Other property, which may come to their hands in aid of their
funds, be faithfully put out and secured at interest, or vested in
some productive public stocks, or in real estate, as they shall
judge best, and on receipt of any interest, dividend, or income,
the same shall forthwith be added to the principal, and become
part thereof; and the whole fund be thus kept accumulating for
the full term of ten years ; after which time, if the annual income
of all the permanent funds in the hands of said trustees shall be
less than one hundred dollars, the said trustees shall appropriate
a sum not exceeding thirty dollars, annually, of said income, to
the purpose of promoting the education of children and youth in
said town, according to their necessities, and the best discretion
of said trustees, special regard being always had to the interests
of the poor, the residue of said income to be added to, and be-
come part of the principal, until such income shall be one hun-
dred dollars ; after which said trustees shall annually ap})ropriate
a part, not exceeding one half of said annual income to the pur-
pose aforesaid, in manner aforesaid, the residue to be added to
the principal as aforesaid, until such income shall be one thousand
dollars ; after which, said trustees shall annually appropriate a part
not exceeding three-fourths of said annual income, to the pur-
pose aforesaid, in manner aforesaid, the residue to be added to
the principal as aforesaid, until such annual income shall be three
thousand dollars ; after which, said trustees shall annually appro-
priate a sum not exceeding the whole of said annual income to
the purpose aforesaid, in manner aforesaid forever. But no part
of the principal or capital sum thus accumulated shall ever be ex-
pended : provided, nevertheless, that nothing herein contained
shall prevent said trustees from expending and appropriating, for
the purpose of promoting education in said town, any part or the
whole of the interest or principal of any donation hereafter to be
made to them, according to the directions of the donor, ex-
pressed at the time of making such donation.

Sect. 4. Be it further enacted, That said trustees and their
successors, shall have power to appoint and employ some suita-
ble person or persons as teacher or teachers of children and youth
in said town, from time to time, or to provide schooling in any
suitable school in said town, or procure suitable books, stationa-
ry, or other necessary articles for poor children, for the purpose
of enabling them to attend school to advantage, according to the

Proviso.

Trustees may
employ teach-
ers.

1825. Chap. 12—13. 323

best discretion of said trustees, and as the state of the funds in
their hands will admit, agreeably to the provisions of this act.

Sect. 5. Be it further enacted, That it shall be the duty of Receive estate
said trustees and their successors, to receive, manage, and im- ^»'^^ '^j?-^^
prove all such estate, real, personal and mixed, as may hereafter same,
come to them in their said corporate capacity, for the purpose of
promoting education as aforesaid, by gift, grant, devise, or other-
wise, by operation of law, in such way and manner as in their
judgment will best obtain and secure the end of their incorpora-
tion ; and they are also hereby authorized and empowered to
lease, sell or convey, in fee simple or otherwise, all or any part
of the estate which may come to them in their corporate capaci-
ty, and for that purpose to make, execute, and acknowledge any Deeds,
good and sufficient deed or deeds thereof, which deed or deeds,
when signed by the treasurer, by direction of said trustees, and
sealed with their common seal, shall be valid in law to convey
such estate to the purchaser, according to the conditions and
meaning of such instrument, but in no case contrary to the inten-
tion of the donor clearly expressed.

Sect. 6. Be it further enacted^ That the said trustees and Annual report
their successors shall make a report in writing, to said town, an- of proceedings
nually, of their proceedings, and the state of their funds. And the town,
said trustees and their successors, and each of them shall at all
times, be accountable to said town for any negligence, miscon- Accountability
duct, or wilful mismanagement of said funds ; and the debt or oftiustees.
damage recovered by said town, in any civil court, having juris-
diction of the same, for such negligence, misconduct, or mis-
management, shall be replaced in said funds, and applied accord-
ingly ; and such trustee or trustees shall be held and considered
thereby to be removed from his or their said trust, and the va-
cancy or vacancies thus made, shall be supplied in manner as is here-
in before provided, except that, when a majority of said trustees
shall be guilty as aforesaid, such vacancies shall be filled by said
town at any meeting which may be legally called for that purpose.

Sect. 7. Be it further enacted, That said trustees shall be Trustees to be
entitled to a reasonable compensation, to be paid by said town, P^'abytown.
for their services and risk in managing and taking care of said
funds and estate ; but no part of such funds or estate, or the in-
come thereof, shall ever be appropriated to that purpose.

Sect. 8. Be it further enacted, That said Nathaniel Lord, First meeting.
.Tun., be, and he hereby is authorized to fix the time and place
for holding the first meeting of said trustees, and to notify each
trustee thereof. [June 18, 1825.]

An Act to establish the Sterling Turnpike Corporation. CJlO-7) 13

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same. That
Solomon Howe, Jonathan D. Merriam, Ephraim Howe, Amos Persons incor-
Sawyer, William Barns, Silas Felton, Rufus Hastings, Elijah P^''^^^'^-
Hale, Dexter Fay, Jedediah Wood, Cyrus Shephard, and Tim-
othy Jones, together with such others as have associated, or may

324 1825. Chap. 13—17.

hereafter associate with them, their successors and assigns, be,

and hereby are made a corporation, by the name of the Sterling

Turnpike Corporation, for the purpose of making a turnpike-road,

to begin near the river bridge, a few rods south of Richardson's

Course of road, tavern, in the west part of Sterhng ; thence in nearly a straight

course to the Cookshire school-house, in said Sterling; thence to

the southwardly end of Shakum pond, by the houses of Cyrus

Belknap and John Smith ; thence near the houses of Jacob Stone

and Levi Howe, Junior, to Nashua river ; thence to the road

leading from Sawyer's mills to Berlin meeting-house, near Berlin

line, and near the guide board on the road ; and shall have all the

Powers and powers and privileges, and shall also be subject to all the duties,

privileges. requirements and penalties contained in " an act entitled an act

1804 ch. 125. defining the general powers and duties of turnpike corporations,"

and the several acts in addition thereto. [June IS, 1825.]

ChcLT) 15 •'^n Act to incorporate the Congregational Church in Purchase Street, in the city of

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the Same, That John Davis, Lewis Tappan, Henry H. Fuller,
porated. ^^^ Charles G. Loring, and all others who may associate with

them, and their successors, be, and they are hereby incorporated
as a religious society, by the name of the Congregational Church
in Purchase Street, in the city of Boston, with all the priviles;es.
Powers and povvers and immunities to which other religious societies in this
privileges. Commonwealth are entitled, by the laws and constitution thereof.
Real and per- Sect. 2. Be it further enacted, That the said society shall
sonal estate. |jg capable in law, to purchase, hold, and dispose of any estates,
real or personal, for the use of said society, the annual income of
all which, shall not exceed five thousand dollars.
First meeting Sect. 3. Be it further enacted. That any two of the above

named persons hereby are authorized to notify the first meeting
of the members of the said corporation, by advertising the time
and place thereof, in one or more of the public newspapers,
printed in said Boston, three days at least before such meet-
ing, and that the said society may at such or any other meeting
agree on the mode of calling other meetings, and elect a clerk
and treasurer, and such other officers, and such committees, and
By-laws. establish such rules and by-laws, not inconsistent with the consti-

tution and laws of the Commonwealth, as they shall see fit, and
the same may remove and change at pleasure. [June 18, 1825.]

f^hnn 17 ^" ''^^^ '° incorporate the President. Directors, and Company of the Manufactur-
\^iiu,jj. X I . g^^, ^^^ Mechanics' Bank in Nantucket.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the same. That Francis G. Macy, Hezekiah Barnard, GrilKn
porated. Barney, John B. Macy, Jonathan L Barney, and Daniel Jones,

their associates, successors and assigns, shall be, and hereby are
created a corporation, by the name of the President, Directors,
and Company of the Manufacturers' and Mechanics' Bank, of

1825. Chap. 17. 323

Nantucket, and shall so continue from the passage of this act, until

the first Monday of October, which will be in the year of our Lord

one thousand eight hundred and thirty-one ; and the said corporation

shall always be subject to the rules, restrictions, limitations, taxes

and provisions, and be entitled to the same rights, privileges and Powers ami

immunities, which are contained in an act, entitled, " an act to in- Privileges.

corporate the president, directors, and company of the State i8iich.84.

Bank," except in so far as the same are modified or altered by

this act, as fully and effectually as if the several sections of said

act were herein specially recited and enacted : provided however^ Proviso.

that the amount of bills issued from said bank, at any one time,

shall not exceed the amount of capital stock actually paid in.

Sect. 2. Be it further enacted, That the capital stock of capital stock,
said corporation shall consist of the sum of one hundred thou-
sand dollars, in gold and silver, to be, besides such part as this
Commonwealth may subscribe in manner herein after mentioned,
divided into shares of one hundred dollars each, which shall be gha^esanj
paid in, at such times as the stockholders may direct ; fifty per when to be
centum, however, to be paid in on or before the first day of Jan- P*^"* '"•
uary next, and the residue within one year from the passing of
this act ; and no dividend shall be declared on the capital stock
of said bank, until the whole of said stock shall have been paid
in, conformably to the provisions of this act ; and the stockhold-
ers, shall, at their first meeting, by a majority of votes, determine
the mode of transferring and disposing of said stock and the
profits thereof, which being entered in the books of said corpo-
ration, shall be binding on the stockholders, their successors and
assigns, until they shall otherwise determine, and the said corpo-
ration is hereby made capable in law to have, hold, purchase,
receive, possess, enjoy, and retain to them, their successors and Real estate,
assigns, lands, tenements, and hereditaments, to the amount of
fifteen thousand dollars, and no more at any one time, with power
to bargain, sell, dispose of and convey the same by deed, under
the seal of said corporation, and signed by the president or two
of the directors, and to loan and negotiate their monies and effects
by discounting on banking principles, and such securities as they
may think advisable : provided, however, that nothing herein con-
tained shall restrain or prevent said corporation from taking and proviso,
holding real estate in mortgage or on execution, to any amount,
as security for, or in payment of any debts due to the said corpo-
ration : and provided, further, that no monies shall be loaned, or
discounts made, nor shall any bills or promissory notes be issued
from said bank, until the capital subscribed, and actually paid in and
existing in gold and silver in the vaults, shall amount to seventy-
five thousand dollars, nor until said capital stock, actually in said
vaults shall have been inspected and examined by three commis- capital to be
sioners, to be appointed by the governor for that purpose, whose inspected by

j^.^, 1, ,'^* , •' r-i i '^ ' . comissioners,

duty It snail be, at the expense ot the corporation, to examine ^nd return
the monies actually existing in said vaults, and to ascertain by thereof made.
the oath of the directors of said bank, or a majority of them, that

326

1825.-

■Chap. 17.

Number of di-
rectors.

Loans to the
Common-
wealth, i

Proviso.

First meetins

Common-
wealth may sub-
scribe to capital
stock.

Legislature
may appoint
directors.

said capital stock hath been bona fide paid in by the stockhold-
ers of said bank, and towards payment of their respective shares,
and not for any other purpose, and that it is intended therein to
remain as a part of said capital, and to return a certificate there-
of to the governor ; and no stockholder shall be allowed to bor-
row any money of said bank until he shall have paid in his full
proportion of the whole of said capital slock, as herein before
provided and required.

Sect. 3. Be it further enacted, That the said bank shall be
established and kept in Nantucket ; and the whole number of di-
rectors shall be nine, and a majority of the board shall be inhabi-
tants of said town. And no loan or discount shall be made, nor
shall any bill or note be issued by the said corporation, or by any
person on their account, in any other place than at the said bank.

Sect. 4. Be it further enacted, That whenever the Legis-
lature shall require it, said corporation shall loan to the Com-
monwealth any sum of money which shall be required, not ex-
ceeding ten per centum of the capital stock actually paid in, at any
one time, reimbursable by four annual instalments, or any shorter
time, at the election of the Commonwealth, with the annual pay-
ment of interest at a rate not exceeding five per centum per
annum. Provided, however, that the Commonwealth shall never
stand indebted to said corporation, without their consent, for a
larger sum than twenty per centum of their capital stock then
paid in.

Sect. 5. Be it further enacted. That the persons herein
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as they may see fit to
appoint, by advertising the same in any newspapers printed in
Nantucket, for the purpose of making, ordaining and establish-
ing such by-laws and regulations, for the orderly conducting
the affairs of said corporation, as the stockholders shall deem
necessary, and the choice of the first board of directors, and
such other officers as they shall see fit to choose.

Sect. G. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall make provision
therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding one half of the capital stock actually paid in,
to be added to the capital stock of said corporation, subject to such
rules, regulations and provisions, as to the management thereof,
as shall be by the Legislature made and established.

Sect. 7. Be it further enacted. That whenever the Com-
monwealth shall subscribe to the capital stock of said corporation,
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have the right, from time to time, to appoint a number of directors
to said bank, in proportion as the sum paid from the treasury of
the Commonwealth shall be to the whole amount of the stock actu-
ally paid in to said bank, if at any time hereafter they shall see fit
to exercise that right.

Sect. S. Be it further enacted, That the cashier, before he

1825. Chap. 17—18. 327

enters upon the duties of his office, shall give bond, with sureties Cashier to
to the satisfaction of the board of directors, in a sum not less S've '-"ond.
than twenty thousand dollars, with conditions for the faithful dis-
charge of his office.

Sect. 9. Be it further enacted, That the said corporation, Tax.
from and after the first day of October next, shall pay by way of tax
to the treasurer of this Commonwealth, for the use of the same,
within ten days after the first Monday in October and April an-
nually, the half of one per centum on the amount of stock which
shall have actually been paid in.

Sect. 10. Be it further enacted, That the said corporation Corporation
shall be liable to pay any bona fide holder the original amount shall pay ori-

r /> -1 1 1 "^ r ■ ^ i i • r giiial amount of

oi any note ol said bank, counterleited or altered m the course ot altered notes,
its circulation to a larger amount, notwithstanding such alteration,
unless such note is printed or impressed with the stereotype
plate, and that said corporation shall not, at any place whatever,
directly or indirectly, purchase, receive, pay, or exchange any
bill or note of said bank, or of any other bank incorporated with-
in this Commonwealth, for any less sum than the nominal value
expressed in said bill or note.

Sect. 11. Be it further enacted., That in case this act Condition of
shall not be put in operation according to the provisions thereof, ^'"^ ^'^'^
within one year from the time of passing the same, then it shall
become void.

Sect. 12. Be it further enacted., That the capital stock of Capital stock
said bank shall not be sold or transferred, but be holden by the for^oryean"'"^
original subscribers thereof, for and during the term of one year
from the passing of this act. [June 18, 1825.] Add. act,
1830 ch. 58.

An Act to incorporate the Congregational Church and Society of Pitts street, in Bos- (^h/jrt 1 fl

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives., in General Court assembled, and by the authority of
the same, That Thomas Tilden, Thomas Townsend, George Persons incor-
Carpenter, Israel Decker, Thomas Wetherbee, John H. Whit- P°'^'^'^-
ney, Nathaniel Trumbull, Ephraim Whitney, Richard Bond,
William Bates, William McLellan, Benjamin Longley and Charles
Farrar, together with such others as may associate with them, and
their successors, be, and they hereby are incorporated into a re-
ligious society, by the name of the Congregational Church and [Nape changed
Society of Pitts street, in Boston, with all the powers and privi- ^^^^'=''•^^•3
leges to which parishes and religious societies are entitled by the prlXgeT*^
constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That said society be, and Authorized to
they hereby are authorized and empowered to raise, by assess- as'selsTe"nts^on
ments on the pews and seats which may be made and built in any pews.
house they may erect, all such sum or sums of money for the
settlement of a minister of the gospel, repairing of said house,
and other expenses incident to parishes, at any legal meeting
called for that purpose.

Sect. 3. Be it further enacted, That said society may have By-laws.

328 1825. Chap. 18—19.

power to order and establish such regulations, rules and by-laws
for their government, and the management of their concerns, as
they may see fit : provided, the same are not repugnant to the
laws of this Commonwealth.
First meeting. Sect. 4. Be it further enacted, That the first named three
persons in the first section of this act, may call the first meeting
of the said body corporate, by having public notice thereof given
on the Lord's day previous, at the mission-house, so called, in
Boston, by f,the minister officiating there. [June 18, 1825.]
Add. act, 1826 ch. 15.

ChOiV 19 ■'^" ^^^ authorizing the taxing of the Pews in the Meeting-house of the First Baptist
"' Society in the town of Sahsbury.

Sect. 1. BE it enacted by the Senate-and House of Repre-
sentatives, in General Court assembled, and by the authority of
Empowered to the Same, That the First Baptist Society in the town of Salis-
tax^onTews.^'^ bury, in the county of Essex, be, and hereby are empowered to
raise, by a tax on the pews in their meeting-iiouse, such sum or
sums of money as the said Society may hereafter vote to raise, at
any legal meeting for that purpose, for the support of ministerial
and other necessary charges, in addition to such further sum or
sums as they may have raised, or may hereafter raise, on the
polls and estates of the members of said society.
Assessors to ap- Sect. 2. Be it further enacted, That the assessors of said
portion taxes ou society shall be empowered and required, equitably to apportion
^^^^" the taxes to be assessed on said pews, according to their relative

value, and such taxes, so assessed, shall be given to the collector
of said society for collection, with such other taxes as may be
raised on the polls and estates of the members thereof; and all
such pews as shall remain two years from the time of the assess-
ment of the tax thereon, the same, or any part thereof, being
unpaid, it shall be the duty of the collector of said society, and
Collector to sell he is hereby empowered to sell at public auction, to the highest
pews on which bidder ; and he shall execute a deed or deeds to the purchaser
paid. or purchasers, which shall give to him or them a perfect right

and title to such pew or pews, as may be by said collector so
sold ; said deed or deeds being recorded in the usual manner
Proviso, with other deeds of said society : provided, however, that the

said collector shall, before he proceeds to make sale of any de-
linquent pew or pews, be required to give at least ten days notice
of the time and place of vendue, by posting up one advertisement
at said meeting-house, and one at some other public place in said
town of Salisbury, stating the number or numbers of the pew or
pews to be sold, with the amount of the tax due thereon.
May adjourn Sect. 3. Be it further enacted, That in case an adjourn-

sal«- ment of the sale of pews shall appear to the collector to be ne-

cessary, he may adjourn the sale for a time, not exceeding ten
days, until the sales are completed ; and in all cases he shall pay
over on demand, to the former owner or owners of pews, the
balance in his hands, arising from the sales, after deducting the
taxes due, and reasonable charges for advertising and selling the
same. [June 18, 1825.]

1825. Chap. 20—22. 329

An Act to estalilish the Bridgcwater Iron Manufacturing Company. CIlWD 20

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Nail)an Lazell, iSeth Johnson, Silas Bullard, Persons incor-
John Fuller, Ahisha Stetson, Jacoh Perkins and Nathan Lazell, P"'^'*^''-
Jun., together with such other persons as have associated, or
may hereafter associate with them, their successors and assigns,
be, and they are hereby made a corporation, by the name of the
Bridgewater Iron Manufacturing Company, for the purpose of
manufacturing iron, and its various modifications, and for this
purpose shall have all the powers and privileges, and be subject Powers and
to all the duties and requirements, contained in an act, passed in P'''^''e&es.
the year of our Lord one thousand eight hundred and nine, enti-
tled " an act defining the general powers and duties of manufac- 1808 ch. 65.
turing corporations," and in the several acts passed in addition
thereto.

Sect. 2. Be it further enacted^ That the said corporation Real and per-

may be lawfully seized of such real estate, not exceeding the value ^°"^ estate.

of fifty thousand dollars, and such personal estate, not exceeding

fifty thousand dollars, as shall b'e necessary and convenient for

establishing and carrying on the manufactures aforesaid. [June

18, 1825.1

i . Jt^

An Act to incorporate the Bolivar Manufacturing- Company, in the town of Canton. (^JldY), 21 .

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Jonathan Messinger and Freeman Fisher, to- Persons incor-
gether with such other persons as may become associates with ^^"^ ^
them, their successors and assigns, be, and they hereby are made
a corporation, by the name of the Bolivar Manufacturing Com-
pany, for the purpose of manufacturing cotton and wool in the
town of Canton, in the county of Norfolk, and for that purpose
shall have all the powers and privileges, and be subject to all the Powers and
duties and requirements, contained in an act passed on the third P"^"*^g^s-
day of March, in the year of our Lord eighteen hundred and nine,
entitled '•'an act defining the general powers and duties of manu- 1808 ch. 65.
facturing corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may hold and possess such real estate, not exceeding in value ®°"^ estate.
the sum of twenty-five thousand dollars, and such personal estate,
not exceeding in value the sum of fifty thousand dollars, as may
be necessary and convenient for carrying on the manufacture of
cotton and wool in said town of Canton. [June 18, 1825.]

An Act to incorporate the President, Directors and Company of the Blackstone Bank, f^hnn 92

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John Capron, Bezaleel Taft, Benjamin Adams, Persons incor-
Amariah Chapin, Samuel Judson, Joseph Day, John Thayer, P°^^^^^-
Jun., Sylvanus Holbrook, George Wall, Royal Farnum, Ef-
fingham L. Capron, William C. Capron, Alpheus Baylies, Paul
Whitin, Ezekiel Wood, Samuel Reed, George Carpenter, Dan-

voL. VI. 42

330

1825.-

■Chap.

Powers and
privileges.

Proviso.

Capital stock.

manner
ing them in

iel Carpenter, Thomas Farnum and Abiel Jaques, with their
associates, successors and assigns, shall be, and are hereby cre-
ated a corporation, by the name of the President, Directors and
Company of the Blackstone Bank, and shall so continue until
the first Monday of October, in the year of our Lord one thou-
sand eight hundred and thirty-one ; and by that name shall be,
and are hereby made capable in law, to sue and be sued, to
plead and be impleaded, defend and be defended, in any court
of record, or any other place whatever ; and also to make, have
and use a common seal ; and to ordain, establish and put in exe-
cution, such by-laws, ordinances and regulations, as to them shall
appear necessary and convenient for the government of said cor-
poration, and the prudent management of its concerns : provided^
such by-laws, ordinances and regulations shall be in no w-ise con-
trary to the constitution and laws of this Commonwealth. ; and
the said corporation shall be always subject to the rules, restric-
tions, limitations and provisions herein contained.

Sect. 2. Be it further enacted^ That the capital stock of
said bank shall consist of the sum of one hundred thousand dol-
Shares, and ihe lars ill gold and silver, in shares of one hundred dollars each, to
"! P^y- be paid in the following manner, viz.: — one third part thereof
on or before the first day of November next, one third part
thereof on or before the first day of February next, and the resi-
due thereof on or before the first day of June next, or at such
earlier time as the stockholders at any meeting may order. And
no dividend of profits shall be declared or paid on the capital stock
of said bank, until the whole of said stock shall have been paid
in, conformably to the provisions of this act ; and the stockhold-
ers, at their first meeting, shall, by a majority of votes, determine
the mode of transferring and disposing of the stock and profits
of said bank, which, being entered on the books of said corpo-
ration, shall be binding on the stockholders, their successors and
assigns. And the said corporation are hereby made capable in
law, to have, hold, purchase, receive, possess, enjoy and retain,
to them, their successors and assigns, lands, rents, tenements and
hereditaments, to the amount of five thousand dollars, and no
more, at any one time, with power to bargain, sell and dispose of
the same, and to loan and negotiate their monies and effects, by
discounting on banking principles, on such security as they shall
think proper : provided, however, that nothing herein contained
shall prevent said corporation from taking and holding real estate
on mortgage, or on execution, to any amount as security for,
or in payment of any debt due to said corporation : and provided,
further, that no money shall be loaned, or discounts made, nor
shall any bills be issued from said bank, until the capital subscribed
and actually paid in, and existing in gold and silver in the vaults
of the same, shall amount to fifty thousand dollars.

Sect. 3. Be it further enacted, That the rules, limitations,
and provisions, which are provided in and by the third section of an
act, entitled "an act to incorporate the president, directors and
company of the State Bank," shall be binding on the bank hereby
established, in the same manner as though specially recited in

Real estate.

Provisos.

1811 ch. 84.

1825. Chap. 22. 331

this act ; excepting that the bond to be given by the cashier, Casiiier's bond,
shall be given in the penal sum of twenty thousand dollars ; and
the number of directors to be annually chosen shall be nine, and Number of di-
be inhabitants of and residents within the county of Worcester, ''^''^°'^-
in said Commonwealth, and accountable for the doings of the
whole board, five of whom may constitute a quorum for transact-
ing business: provided^ that the amount of bills of the said bank Amount of bills
in circulation, shall not at any time exceed the amount of the '" circulation,
capital actually paid in.

Sect. 4. Be it further enacted, That said bank shall be es- Location,
tablished and kept in the town of Uxbridge, in the county of
Worcester.

Sect. 5. Be it further enacted, That any committee, espe- Legislature
cially appointed by the Legislature for that purpose, shall have a [^^^fn^g ddngs
right to examine into the doings of said corporation, and shall of the bank.
have free access to all their books and vaults, and if upon such
examination it shall be found, and after a full hearing of said cor-
poration thereon, be determined, by the Legislature, that the said
corporation have exceeded the powers herein granted them, or
failed to comply with any of the rules, restrictions, or conditions
in this act provided, this act of incorporation shall thereupon be
declared to be forfeited and void.

Sect. 6. Be it further enacted, That the persons herein be- First meeting.
fore named, or any one of them, are authorized to call a meeting
of the stockholders of said corporation, at a convenient time and
place, by advertising the same, three weeks successively, in the
Massachusetts Spy, and National -^^^gis, two papers printed in
Worcester, for the purpose of making, ordaining, and establish-
ing such by-laws, ordinances, and regulations, for the orderly
conducting the affairs of said corporation, as the stockholders
shall deem necessary, and for the choice of the first board of
directors, and such other officers as they shall see fit to choose.

Sect. 7. .R^id be it further enacted. That the Commonwealth Commonwealth

shall have a right, whenever the Legislature shall provide there- "^^.^ subscribe

, . , r- • Y /-I 11 '° "'^ capital

lor, to subscribe, on account oi said Commonwealth, a sum not stock.

exceeding fifty thousand dollars, to be added to the capital stock
of said corporation herein before provided for. And whenever
the Commonwealth shall become interested in said bank, the
governor and council shall have a right to appoint four additional
directors for the management of the same.

Sect. 8. Be it further enacted. That the said corporation Corporation to
shall be liable to pay to any bona fide holder the original amount "^^^m^i ""j!^'"^
of any note of said bank, altered to a larger amount in the course altered notes.
of its circulation, notwithstanding such alteration, and shall also
be liable to pay to any bona fide holder the amount of any note
of said bank counterfeited, unless such note is printed or im-
pressed with the stereotype plate ; and that said corporation shall
not, at any place whatever, directly or indirectly, purchase, re-
ceive, pay or exchange any bill or note of said bank, or of any
other bank incorporated within this Commonwealth, for any less
sum than the nominal value expressed in such bill or note ; and
no loan or discount shall be made, nor shall any bill or note be

332

1825..

-Chap. 22—24.

Tax.

Loans to the
Common-
wealth.

Capital stock to
be holden by
original sub-
scribers one
year.

Chap. 23.

Persons incor-
porated.

Course of the
turnpike.

1804 ch. 125.

Chap. 24.

Persons incor-
porated.

issued by the said corporaiion, or by any person on their account,
in any other place than at the said bank.

Sect. 9. Be it further enacted., That the said corporation,
from and after the first day of April next, shall pay, by way of
tax, to the treasurer of this Comnionweakh, for the use of the
same, within ten days after the first Monday of April and Octo-
ber, annually, the half of one per centum on the amount of stock
which shall have been actually paid in.

Sect. 10. Be it further enacted^ That whenever the Legis-
lature shall require it, the said corporation shall loan to the Com-
monwealth any sum of money which may be required, not ex-
ceeding twenty per centum of the capital stock actually paid in,
reimbursable by five annual instalments, or at any shorter period
at the election of the Commonwealth, with the annual payment
of interest at a rate not exceeding five per centum per annum.

Sect. 11. Be it further enacted., That the capital stock of
said bank shall not be sold or transferred, but be holden by the
original subscribers thereto, for and during the term of one year
from the time of passing of this act. And in case the same shall
not be put into operation according to the provisions thereof, with-
in the year aforesaid, it shall be void. [June 18, 1825.] Add.
act, 1830 ch. 58.

An Act to establish the Tolland and Otis Turnpike Corporation.

BE it enacted by the Senate and House of Representatives, in
General Court assembled., and by the authority of the same,
That Henry Hamilton, .Tonathan Hamilton, Joseph Stillman,
Jun., John Rogers, Nathan Hall, Elijah Owen, Jun., Charles
H. Little, William Moore, Marvin Aloore, Allyn Bidwell and
V. R. Paine, together with such others as have associated, or
may hereafter associate with them, their successors and assigns,
be, and hereby are made a corporation, by the name of the Tol-
land and Otis Turnpike Corporation, for the purpose of making
a turnpike road from the line of the state of Connecticut, at Hart-
land hollow, thence in a northwest direction on Hubbard's brook,
through a part of Granville and Tolland ; thence in the best course
till it meets the turnpike road near Bevil Seymour's, in Otis ;
and for this purpose shall have all the powers and privileges, and
be subject to all the duties, requirements and penalties, con-
tained in an act, entitled "an act defining the general powers
and duties of turnpike corporations," passed the fifteenth [six-
teenth] day of March, in the year of our Lord one thousand
eight hundred and five, and the several acts in addition thereto.
[June 18, 1825.]

An Act to incorporate the New England Manufacturing Company-

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Darius B. Holbrook, Levi Meriam, Charles
P. Dexter and Levi Brigham, together with such other persons
as may become associates with them, their successors and assigns,
be, and they hereby are made a corporation, by the name of the

1825. Chap. 24—25. 3315

New England Manufacturing Company, for the purpose of manu-
facturing cotton, woollen and linen goods, in the town of Grafton,
in the county of Worcester : and for this purpose shall have all Powers and

t 1 ••! 11 I'lii 1- I privileges.

the powers and privileges, and be subject to all the duties and
requirements, contained in an act passed on the third day of
March, in the year of our Lord eighteen hundred and nine, enti-
tled "an act defining the general powers and duties of manufac- I808ch. G5.
turing corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted^ That the said corporation Real and per-
may hold and possess such real estate, not exceeding in value the sonai estate.
sum of two hundred thousand dollars, and such personal estate,
not exceeding in value the sum of three hundred thousand dollars,
as may be necessary and convenient for carrying on the manufac-
ture of cotton, woollen, and linen goods.

Sect. 3. Be it further enacted^ That any one of the per-
sons named in this act be, and is hereby authorized to appoint the First meeting,
time and place for holding the first meeting of said corporation
and notify them thereof, either by personal notice or otherwise.
[June IS, ]825.]

An Act for the incorporation of the Proprietors of the First Unitarian Church in Dan- f^U^^ Cfpi

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Gideon Foster, Oliver Saunders, John W.
Proctor, Jonathan Shove, Nathaniel West, Nathaniel Putnam, Persons incor-
Moses Black, John Endicott, John Peirce, Joseph Tufts, Jun., PO'"aied.
Benjamin Goodridge, Abner Sanger, Asa Sawyer, Joseph Shaw,
Jun., William Sutton, Jun., Oliver C Felton, Ward Pool, Jun.,
George Southwick, Joseph W. Carey, Rufus Wyman, Edward
Upton, Levi Preston, .Jun., John Porter, Caleb Low, Isaac El-
liot, Benjamin Wheeler, Wingate Merrill, Moses Dole, Ebza-
phon Prince, Timothy Holmes, Phineas Chadwick, and An-
drew Torr, and all other persons who now are, or hereafter may be-
come proprietors of and in the First Unitarian Church in Danvers,
in the county of Essex, their successors and assigns, shall be, and
hereby are created and established as a religious society and body
corporate and politic, by the name of the First Unitarian Church
in Danvers, and by that name may sue and be sued, plead and powers and pri-
be impleaded, and possess and enjoy all the privileges, powers, viieges.
and immunities, to which parishes and other religious societies
are by the constitution and laws of this Commonwealth entided ;
and shall have authority to take, hold and possess by grant, gift,
devise, or otherwise, any real or personal estate, for the purpose Estate,
of supporting public worship and other religious parochial and
charitable purposes, not exceeding the annual income of five thou-
sand dollars ; and shall also have authority to choose and appoint
all such officers, and make all such by-laws and regulations as may By-laws,
seem to them expedient for the due government of the said soci-
ety, and the management of their funds, and other parochial con-
cerns : provided, such by-laws and regulations shall be in no wise

334

1825.-

■Chap. 25.

Pew owners
only to vote.

Pews may be
taxed.

[* one vear,
1832 ch. 138.]

Pews may be
sold, if taxes are
not paid.

Annual meet-
ing.

Membership.

First Meeting

contrary to the constitution and laws of this Commonwealth ; and
all meetings of the said society shall be called and warned in such
manner as the by-laws and regulations thereof shall provide.

Sect. 2. Be it further enacted^ That at all meetings of the
said society, the proprietor or proprietors of the pews, and no
other persons, shall be entitled to vote, allowing one vote for ev-
ery pew. But the society may nevertheless, by their by-laws
and regulations, provide for the admission of the occupant or oc-
cupants of any pew to vote in the choice of any minister to be
settled over the said society.

Sect. 3. Be it further enacted, That the said society shall
have full power and authority, at any meeting duly called for that
purpose, to assess on the pews in the said church, all such tax-
es as may be necessary or proper for the maintenance of public
worship, and the repairs and preservation of their house, and for
all other parochial charges and expenses, according to the rela-
tive value of the pews in the same, as this shall be established by
an appraisal in conformity with the by-laws of said society ; and
the taxes so assessed shall be a lien on the same pews respective-
ly, and in case of the non payment of the tax or taxes so assessed
for the space of two* successive years after the same shall be so
assessed, the pew or pews respectively on which the same shall
be assessed, shall be forfeited to the said society, and may be sold
at public auction, in such manner as the said society shall by their
by-laws and regulations provide, and the net proceeds of said sale,
after deducting the amount of all taxes due thereon, and the
charges of sale, shall be paid over to the proprietor of the pew
so sold, or to his assigns ; and the society shall have full author-
ity to convey to the purchaser of any pew so sold, a good and
valid title, as proprietor thereof.

Sect. 4. Be it further enacted, That there shall be an annual
meeting of the society on the first Monday of May in every year,
at which meeting, or any other meeting duly called, the said so-
ciety may choose their officers, who shall hold their offices dur-
ing one year, and until others are chosen in their stead ; and may
also assess all taxes for the maintenance of public worship, and
other parochial charges and expenses, and exercise all and any
other powers which under this act of incorporation the said soci-
ety are enabled at any time to exercise.

Sect. 5. Be it further enacted, That any person who shall
unite in religious worship with the said society, by becoming a
proprietor or occupant of any pew, in their house of public wor-
ship, in part or in whole, and shall obtain a certificate thereof from
the clerk of the said society, that he hath so united in public wor-
ship with them, shall, from and after obtaining such certificate,
and filing the same with the clerk of the society left, be exempted
as well in person as in estate, from all taxation for the support
of religious worship in every other religious society, so long as
he shall continue a proprietor or occupant as aforesaid.

Sect. 6. Be it further enacted, That the first meeting of
said society may be called by the said Gideon Foster, Oliver

1 825. Chap. 25—27. 335

Saunders, and John W. Proctor, or any two of them, by an ad-
vertisement in some newspaper printed in Salem, seven days be-
fore the lime of holding such meeting ; and at such meeting all
business may be transacted, which should be done at any annual
meeting, and all the proceedings may be had to organize the said
society, and to carry into effect all the powers given in this act
to the said society, in the same manner as if they were herein
specially enumerated. [June 18, 1825.] Add. act, 1832 ch.l38.

An Act to incorporate the Green River Manufacturing' Company. CflClT) 26

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Joel Parker, Charles Williams, Thomas Gil- Persons incor-
bert, John J. Peirce, and David Willard, together with such P"""^'*^^-
others as may hereafter associate with them and their successors,
be, and they are hereby made a corporation, by the name of the
Green River Manufacturing Company, for the purpose of manu-
facturing cotton and wool, both, or either of them, on Green
river, in the county of Franklin, and for that purpose, shall have Powers and
all the powers and privileges, and shall also be subject to all the privileges,
duties, requirements and disabilities prescribed and contained in
an act entitled " an act defining the general powers and duties isosch. 65.
of manufacturing corporations," passed the third day of March,
one thousand eight hundred and nine, and in the several acts in
addition thereto.

Sect. 2. Be it further enacted. That the said corporation, Real and per-
in their corporate capacity, shall and may lawfully hold and pos- ^°"^' estate,
sess real estate, not exceeding thirty thousand dollars, and per-
sonal estate not exceeding one hundred seventy thousand dollars,
as may be necessary and convenient for carrying on the manufac-
ture of cotton and wool in the said county of Franklin. [June
18, 1825.]

An Act to incorporate the Middlesex Mechanics' Association. /^hriin Q7

Sect. 1. BE it enacted by the Senate and House of Repre- ^ '

sentatives, in General Court assembled, and by the authority of
the same. That Samuel Feckharm and Micajah Rice, with all Persons incor-
those who have or who may associate with them, be, and they Pirated,
are hereby incorporated, and made a body politic and corporate,
by the name of the Middlesex Mechanics' Association, and by
that name shall be known in law, and said corporation shall have
power to have and keep a common seal, to contract and nego- Powers,
tiate, sue and be sued, make by-laws and regulations, and do all
other acts which may be necessary to effect the objects of their
creation.

Sect. 2. Be it further enacted, That the said corporation Real and per-
shall have the power to purchase, hold and enjoy real estate to *°"^' estate,
the amount of twenty thousand dollars, and personal estate, cred- [Additional real
its and effects to the amount of eighty thousand dollars, and to g*j^^® ^^^^ '=''•
alienate and manage the said property as they may see fit : pro-
vided, that the income of said corporation, from whatever source, Expenditure of
shall be always employed and expended for the purpose of re- '"come.

336 1825. Chap. 27—29.

lieving the distresses of unfortunate mechanics and their families,
of promoting inventions and improvements, hy granting premiums
for said inventions and improvements, and of establishing a suit-
able library for the information and instruction of mechanics in
their respective arts.
Legislature Sect. o. Be it further enacted^ That the Legislature shall

peal Uii's act /^' ^ave povver to alter, or annul and repeal this act, whenever it

shall in their opinion be expedient.
First meeting. Sect. 4. Be it further enacted, That the said Samuel Feck-
Iiarm and Micajah Rice, or either of them, be, and hereby are
empowered to call the first meeting of said corporation, by ad-
vertising in any newspaper printed in the county of Middlesex,
fifteen days before the proposed meeting, the time and place
when and where said meeting is to be held, and at which the said
corporation may proceed to organize the same. [June 18,
1825.] Add. act, 1835 ch. 9.

C^hftTt 28 ■^" Act to incorporate the First Episcopal Society in Souilnvick.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the Same, That William Miller, Zur Root, Oliver Root, Nathan
porated. Saunders, Truman Warner, Samuel Talmage, Rhodolphus Gil-

let, Sardis Gillet, Simeon Aldrich, Horace Perkins, Fredini
C. Halcomb, Austin Stocking, Socrates Gillet, Eli L. Moore,
Thomas Casson, Reuben Moore, Moses Gillet, Lucius Beach,
Morey Aldrich, Solomon Tuttle, Argabus D. Preston, Oliver
Halcomb, David Lownsbury, Ro^er Moore, Joseph Forward,
Gideon Root, Oliver Root, 2d, William Moore, Ebenezer K.
Mason, Zebina Mason, Jairus Mason, Samuel Smith, Amos
Webb, Samuel Clark, Plin Clark, George Forward, Walter
Perkins, Josiah T. Webb, Pliny Forward, with such others as
may associate with them, and their successors, be, and they
hereby are incorporated into a society, by the name of the First
Powers and Episcopal Society in Southwick, with all the powers and privi-
pnviieges. leges to which other religious societies are entitled by the con-
stitution and laws of this Commonwealth.
First meeting. Sect. 2. Be it further enacted, That the first meeting of
said society shall be convened by a warrant, to be issued by any
justice of the peace in the county of Hampden, directed to any
member of said society, requiring him to notify the members of
said society, to meet at such time and place as shall be designated
in said warrant. [June 18, 1825.]

CIkIU. "^9 ■^" ^^^ *° '"Corporate the Massachusetts Gas Light Companj-.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
Persons incor- of the same. That Samuel Etheridge, John Windship, Daniel
porated. White and Ebenezer A. Lester, together with such other per-

sons as may become associates with them, their successors and
assigns, be, and they hereby are made a corporation, by the name
of the Massachusetts Gas Light Company, for the purpose of
making gas to supply gas lights in the city of Boston, or any
other town or city in this Commonwealth, and for that purpose

1825. Chap. 29—31. 337

shall have all the powers and privileges, and be subject to all the Powers and
duties and requirements, contained in an act passed on the tiiird P"^''*'ses.
day of March, in tiie year of our Lord one thousand eight hun-
dred and nine, entided "an act defining the general powers and i»08ch. 65.
duties of manufacturing corporations," and the several acts in ad-
dition thereto.

Sect. 2. Be it further enacted. That the said corporation ^^^', ^"fjj^^'
may hold and possess such real estate, not exceeding in value
thirty thousand dollars, and such personal estate, not exceeding
in value sixty thousand dollars, as may be necessary and conve-
nient for carrying on the said business of making gas for the pur-
poses aforesaid. [June 18, 1825.]

An Act in further addition to an Act, entitled "An Act to incorporate the President, CJldp, 30.
Directors and Company of the Bedford Commercial Bank." ^

Sect. 1. BE it enacted by the Senate and House of Repre- I8i5ch. 88.
sentatives, in General Court assembled, and by the authority of
the same, That the President, Directors and Company of the ft'^'j''stodc°'^*^^^'
Bedford Commercial Bank be, and they hereby are authorized
to increase their present capital stock, the sum of one hundred
thousand dollars, in addition to the sum of one hundred and fifty
thousand dollars, which the said incorporation is authorized to hold
by the act, entitled "an act to incorporate the President, Direc- 1815 ch. 88.
tors and Company of the Bedford Commercial Bank," and by
the act entitled "an act in addition to an act, entitled an act to I82ich. 6.
incorporate the President, Directors and Company of the Bed-
ford Commercial Bank," which said sum shall be divided into
shares of one hundred dollars each, any thing in the acts aforesaid
to the contrary notwithstanding.

Sect. 2. Be it further enacted, That the sum which shall When addition-
be added to the capital stock of said corporation, by virtue of this pai^d."" ^'^
act, shall be subscribed and paid in, in gold and silver, under the
control of the directors for the time being, within one year from
the first day of July next : provided, that the said corporation Provisos,
shall not loan any money, nor discount any bills on the additional
capital hereby authorized, until they shall have produced satisfac-
tory evidence to the governor and council, that the said additional
sum of one hundred thousand dollars has been paid in, and actu-
ally exists in gold and silver in their vaults : and provided, also,
that the additional stock aforesaid shall be subject to the like tax,
regulations, rules, restrictions and provisions, under which the
present capital stock of said corporation is now holden. [June
18, 1825.] Add. act, 1830 ch. 58.

An Act in addition to an Act, entitled " An Act to incorporate the Lynn Wire Manu- (^hnrt 31
facturing Company." -t '

BE it enacted by the Senate and House of Representatives, I813 ch. 107.
in General Court assembled, and by the authority of the same,
That any justice of the peace, within either of the counties of Justice of peace
Suffolk, Essex or Middlesex, may, on application by John Clark fi^(.a^,(],7of
of Cambridge, or any other member of the Lynn Wire Manufac- meeting,
turing Company, or interested therein, issue a notification to the

VOL. VI. 43

338 1825. Chap. 31—33.

members of the said corporation, to meet at some convenient
time and place, to be named in said notification, for tiie purpose
of choosing the proper officers provided by law or the by-laws of
said corporation, and to transact such other business as they may
deem proper, agreeably to said act and to the laws of this Com-
monwealth ; and the doings of the said corporation, pursuant to
this act, the act and laws aforesaid, shall be as good and valid, as
they would have been under their act of incorporation aforesaid,
had they continued to elect officers and to act as a corporation,
Proviso. without intermission to the present time : provided^ however^ that

such notification shall be served upon all persons interested, or
shall be published in one of the newspapers printed in Boston,
thirty days at least before the time fixed for the meeting aforesaid,
any law or usage to the contrary notwithstanding. [June IS,
1825.]

ChCLVf. 32. ■^" ^^"^ '" ''''^'" ^"'^ establish a part of the boundary line between the towns of Row-
-t * ley and Boxford, in liie county of Essex.

Preamble. WHEREAS a part of the boundary line between the towns

of Rowley and Boxford, in the county of Essex, has heretofore
been by the easterly side of the road leading from Salem to Ha-
verhill, in said county ; and whereas the said road has of late
been so widened and altered, as to leave that part of said boun-
dary line in or near the centre of said road. Therefore,

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
Alteration of That SO much of the boundary line between said towns of Row-
boundary line, jg^, gj^^ Boxford, as is now upon or within the limits of said road,
shall be so altered and changed as to correspond with what is
now the easterly side of the same as lately widened and located,
and the said line as altered and established, is as follows, viz.: —
beginning at the stake and stones on the original line, by the east-
erly side of said road, and by land of proses Spofford, then south
thirteen degrees east, sixteen rods, south thirty-six degrees east,
six rods by the easterly side of said road to a heap of stones, by
land of the heirs of Jonathan Wood, and land of Stephen Spof-
ford, which heap of stones is the southwesterly corner bound of
the said town of Rowley, as the line is now altered and estab-
lished, and the same shall, after the passing of this act, be the
boundary line between the two towns, any law, usage or custom
to the contrary notwithstanding. [June IS, 1S25.]

Chcip, 33. An Act to incorporate the Protestant Episcopal Parish of St. John's Church in Ash-
-* field.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the Same, That Bethuel Lilley and Simeon Philips, church
porated. vvardens, George Hall, David Williams, Austin Lilley, Lot

Hall, Herod Stocking, vestry men, with such other persons,
either residing in Ashfield or the adjacent towns, as are, or may
hereafter be associated with them, and their successors, be, and
they are hereby incorporated into a society, by the name of the

1825. Chap. 33—34. 339

Protestant Episcopal Parish of St. John's Church in Ashfield, Powers and
with all the privileges, powers and immunities which parishes P^^'^^ses-
enjoy by the laws of this Commonwealth.

Sect. 2. Be it further enacted, That said society shall have Rules, reguia-
power to order and establish such rules, regulations and by-laws, ja^s.^"^ *^'
for the admission of members, and the management of their con-
cerns, as they may think proper : provided, the same are not re-
pugnant to the constitution and the laws of this Commonwealth.
[June 18, 1S25.]

An Act to incorporate the Hampden Bank. Chctt) 34i

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Abner Post, Joseph Forward, Enos Foot, Au- persons incor-
gustus Collins, James Fowler, Thomas Ashley, Arch's Mor- porated.
gan and Robert Whitney, their associates, successors and assigns,
shall be, and hereby are created a corporation, by the name of
the Hampden Bank, and shall so continue from the passing of
this act, until the first Monday in October, which will be in the
year of our Lord one thousand eight hundred and thirty-one.
And the said corporation shall always be subject to the rules, re- Rights and
strictions, limitations, taxes and provisions, and be entitled to the P"^'®?^^-
same rights, privileges and immunities, which are contained in an
act, entitled "an act to incorporate the President, Directors and isiich. 84.
Company of the State Bank," except in so far as the same are
modified or altered by this act, as fully and effectually as if the
several sections of said act were herein specially recited and en-
acted : provided, however, that the amount of bills issued from Proviso,
said bank shall not exceed the amount of their capital stock actu-
ally paid in.

Sect. 2. Be it further enacted, That the capital stock of said Capital stock,
corporation shall consist of the sum of one hundred thousand dol-
lars, in gold and silver, to be, besides such part as this Common-
wealth may subscribe, in manner herein after mentioned, divided
into shares of one hundred dollars each, one fourth part of which Shares, and
shall be paid in ninety days, one fourth part in six months, one payi!ilt""hem in.
fourth part in nine months, and the residue in one year after the
passing of this act, or at such earlier time as the stockholders
may order, at any meeting regularly holden therefor. And no
stockholder shall be allowed to borrow at said bank, until he shall
have paid in his full proportion of the whole of said capital stock
of one hundred thousand dollars, and no dividend shall be declar-
ed on the capital stock of said bank until the whole of said capital
stock shall have been paid in, conformably to the provisions of
this act ; and the stockholders shall, at their first meeting, by a Transferor
majority of votes, determine the mode of transferring and dispos-
ing of said stock, and the profits thereof, which being entered in
the books of said corporation shall be binding on the stockholders,
their successors and assigns, until they shall otherwise deter-
mine. And the said corporation are hereby made capable in law
to have, hold, purchase, receive, possess, enjoy and retain to

stock.

340

1825.-

■Chap. 34.

Provisos.

Location.

Number of di
rectors.

Real estate. them, their successors and assigns, lands, rents, tenements and
hereditaments, to the amount of five thousand dollars, and no
more, at any one time, with power to bargain, sell, dispose and
convey the same by deed under the seal of said corporation, and
signed by the president, or two of tiie directors ; and to loan and
negotiate their monies and efFects, by discounting on banking
principles, on such security as they shall think advisable : pro-
vided, liowever, that nothing herein contained shall restrain or
prevent said corporation from taking and holding real estate in
mortgage, or on execution, to any amount, as security for, or in
payment of, any debts due to the said corporation : and provided^
further, that no monies shall be loaned, or discounts made, nor
shall any bills or promissory notes be issued from said bank, until
the capital stock subscribed and actually paid in, and existing in
gold and silver in their vaults, shall amount to fifty thousand
dollars, and shall have been examined and certified in the manner
prescribed in the act aforesaid.

Sect. 3. Be it further enacted, That the said bank shall be
established in the town of Westfield, and the number of directors
shall be nine, five of them shall be necessary to constitute a quo-
rum for transacting business; and a majority of the directors shall
always be residents in said town of Westfield. And no loan or
discount shall be made, nor shall any bill or note be issued by
said corporation, or by any person on their account, in any other
place than at tlie said bank.

Sect. 4. Be it further enacted, That whenever the Le-
gislature shall require it, said corporation shall loan to the Com-
monwealth any sunj of money which shall be required, not
exceeding ten per centum of the capital stock actually paid in, at
any one time, reimbursable by five annual instalments, or any
shorter period at the election of the Commonwealth, with the
annual payment of interest at a rate not exceeding five per centum :
provided, however, that tiie Commonwealth shall never stand in-
debted to the corporation, without their consent, for a larger sum
than twenty per centum of their capital actually paid in.

Sect. 5. Be it further enacted, That any three of the per-
sons herein before named may call the first meeting of said cor-
poration, by advertising the same three weeks successively in the
Hampden Register, printed in Westfield, for the purpose of
making, ordaining and establishing such by-laws, ordinances and
regulations, as the stockholders shall deem necessary, and for the
choice of the first board of directors, and such other officers as
they shall see fit to choose.
Commonwealth Sect. 6. Be it further enacted. That the Commonwealth
ma;>' subscribe shall have a right, whenever the Legislature shall by law make
provision therefor, to subscribe a sum not exceeding one half ot
the capital stock actually paid in, to be added to the capital stock
of said corporation, subject to such rules, regulations, and pro-
visions, as to the management thereof, as shall by the Legislature
be made and established.

Sect. 7. Be it further enacted, That whenever the Corn-

Loans to the
Common-
wealth.

Proviso.

First meeting.

to the capital
stock

1825. Chap. 34—35. 341

monwealth shall subscribe to the capital stock of said corpora- Legislature
tion, in manner herein before provided, in addition to the direc- SiirSs?'"'
tors by law to be chosen by the stockholders, the Legislature
shall have a right, from time to time, to appoint a number of di-
rectors to said bank, in proportion as the sum paid from the treas-
ury of the Commonwealth shall bear to the whole amount of stock
actually paid into said bank, if at anytime hereafter they shall see
fit to exercise that right.

Sect. 8. Beit further enacted, That the cashier, before en- Cashier to give
tering on the duties of his office, shall give bond with sufficient
sureties, to the satisfaction of the board of directors, in a sum not
less than twenty thousand dollars, conditioned for the faithful dis-
charge of the duties of his office.

Sect. 9. Be it further enacted, That the said corporation. Tax.
from and after the first day of April next, shall pay, by way of
a tax, to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday in April and Octo-
ber annually, the half of one per centum on the amount of stock
actually paid in.

Sect. 10. Be it further enacted, That the said corporation Corporation
shall be liable to pay to any bona fide holder, the original amount gh^ai "amount of
of any note of said bank, counterfeited or altered in the course of any altered
its circulation to a larger amount, notwithstanding such alteration,
[and] shall also be liable to pay to any bona fide holder the amount
of any note of said bank counterfeited, excepting such note is stereotype
printed or impressed with the stereotype plate ; and that said ^^
corporation shall not, at any place whatever, directly or indirect-
ly, purchase, receive, pay or exchange any bill or note of said
bank, or of any other bank incorporated within this Common-
weahh, for any less sum than the nominal value expressed in such
bill or note.

Sect. 11. Be it further enacted. That the capital stock of Conditions of
said bank shall not be sold or transferred, but be holden by the '"* ^'^^'
original subscribers thereto, for and during the term of one year
from the passing of this act. And in case the same shall not be
put in operation according to the provisions thereof, within the
year aforesaid, it shall be void. [June 18, 1825.] Add. act,
1830 ch. 58.

An Act to incorporate the Swift River Manufacturing Company. C^hnil ^O

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Thomas Jones, Leonard Woods, Elihu Lyman, Persons incor-
Simeon Waters, Mark Dooliitle, Ichabod Pope, Abner Hale, P'"'^'^'^-
and Josiah B. Woods, their associates, successors and assigns,
are hereby incorporated by the name of the Swift River Manu-
facturing Company, to be located in Enfield, for the purpose of
manufacturing woollen and cotton goods, with all the powers and Powers and
privileges, and subject to all the duties and requirements pre- P>''^'''e&«s.
scribed in an act, entitled "an act defining the general powers and isosch. 65.
duties of manufacturing corporations," passed the third day of

342

1825-

-Chap. 35—37.

Real and per-
sonal estate.

Chap. ^Q

Suffolk.

Essex.
Middlesex.

Worcester.

Hampshire.

Norfolk.

Bristol.

Plymouth.
Suffolk.

March, in the year of our Lord one thousand eight hundred and
nine, and the several acts in addition thereto.

Sect. 2. Be it further enacted^ That the said corporation
may hold personal estate, not exceeding fifty thousand dollars,
and real estate, not exceeding thirty thousand dollars, for the pur-
pose of carrying on the manufactures aforesaid. [June 18, 1825.]

An Act to change the names of the several persons therein described.

BE it enacted by the Senate and House of Representatives.) in
General Court assembled., and by the authority of the same,
Tiiat .Tohn Dunn, may take the name of John C. Dunn ; that
John Fessenden, may take the name of John Peirce Fessenden;
that Asaph Churchill Leeds, may take the name of Theodore
Churchill Leeds ; that Pierre Francois Henry Thomas Wilson
Melvill, a minor, may take the name of Thomas Wilson Mel-
vill ; that Lucius Champlin Parker, may take the name of Sam-
uel Parker ; that Thomas .TefFerson Shed, may take the name of
Samuel Adams Shed, all of Boston, in the county of Suffolk ;
that Charles Holland, may take the name of Lucius Deluce ;
that Charles Putnam, may take the name of Charles Fisk Putnam,
both of Salem, in the county of Essex ; that .fohn Park, Jun.,
of Groton, in the county of Middlesex, may take the name of
John Gray Park ; that Eliza Gardner, may take the name of Eli-
zabeth Greenleaf Gardner ; that Esther Sevvall Gardner, may take
the name of Ann Sevvall Gardner, both of Leominster ; that
Henry Lane, of Lancaster, may take the name of Jonas Henry
Lane ; that Clarissa Lee, of Douglas, may take the name of
Clarissa .Johnson, all of the county of Worcester ; that Richard
Lard, of Enfield, in the county of Hampshire, may take the name
of Richard Gardner ; that Ebenezer Penniman, Jr., of Braintree,
in the county of Norfolk, may take the name of Daniel Penni-
man ; that John Cla|ip, may take the name of Henry Porter
Clark : that Abigail Clapp, his wife, may take the name of Ab-
igail .fackson Clark, both of Easton : that Zebina Sumner, of
Taunton, maj' take the name of Edward H. Sumner, all of the
county of Bristol ; that Asa Briggs, of West Bridgewater, may
take the naine of Henry Ellis Briggs ; that Henry Wade, of
Scituate, may take the name of Henry Stockbridge Wade, both
of the county of Plymouth ; that Aaron Ayres, of Boston, in
the county of Suffolk, physician, may take the name of Aaron
Andrews. And the said several persons herein named, shall
hereafter be called and known by the names, which by this act
they are respectively allowed to assume as aforesaid, and the same
shall be considered as their only proper and legal names. [June
18, 1825.]

Chap. 37.

Persons incor-
porated.

An Act to incorporate the President, Directors and Company of the Merchants' Bank
of New-Bedford.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority
of the same. That .Joseph Rotch, Timothy G. Coftin, David
R. Green, William H. Allen, Elisha Haskell, Gideon Allen, Na-

1825. Chap. 37. 343

thaniel Nelson, Ellsha Dunbar, Robert Hillman, Ephraim Kemp-
ton, Abraham Barker, Lemuel Williams, .Tun., Thomas Kiddle,
Job Eddy, William R. Rotch, Paul Spooner, Ichabod Clap|), and
Robert Ingraham, their associates, successors and assigns, shall
be, and hereby arc created a corporation, by the name ofthe Mer-
chants' Bank, in New-Bedford, and shall so continue until the first
Monday of October, which will be in the year of our Lord one
thousand eight hundred and thirt3^-one,andby that name, shall be,
and hereby are made capable in law, to sue and be sued, ])lead and Powers and
be impleaded, defend and be defended, in any court of record, or Pf'^'eges.
any other place whatever ; and also to make, have, and use a com-
mon seal ; and to ordain, and establish, and put in execution, such
by-laws, ordinances and regulations, as to them may appear ne-
cessary and convenient foi' the government of said corporation,
and the prudent management of their affairs : provided, such Proviso,
by-laws, ordinances and regulations shall in no wise be contrary
to the constitution and laws of this Commonwealth ; and said
corporation shall be always subject to the rules, restrictions, lim-
itations and provisions herein prescribed.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
the said corporation shall consist of the sum of one hundred and rj^p^gagp^j i^o'j
fifty thousand dollars, in gold and silver, divided into shares of di. 42: 1830
one hundred dollars each ; which shall be paid in at four equal ^''- '^^-3 , ,,

, r 1 /-oi 11 Sliares and the

mstalments, the first on the first day ot beptember next, and tiie manner of pay-
second, third, and fourth instalments at any time thereafter within mgtliemin.
twelve months from the passing of this act, or at such earlier time as
the stockholders at any meeting thereof may order ; and the stock-
holders, at their first meeting, by a majority of votes, may de-
termine the mode of transferring and disposing of said stock and
the profits thereof which, being entered on the books of said
corporation, shall be binding on the stockholders, their succes-
sors and assigns, until they shall otherwise determine ; and the said
corporation are hereby made capable in law, to have, hold, pur- Real estate,
chase, receive, possess, enjoy, and retain to them, and their suc-
cessors, and assigns, lands, tenements, and hereditaments, to the
amount of twelve thousand dollars, and no more, at any one
time, with power to bargain, sell, and dispose of the same, and
to loan and negotiate their monies and effects, by discounting on
banking principles, on such security as they shall think advisable :
provided, hotcever, that nothing herein contained shall restrain or Provisos,
prevent said corporation from taking and holding real estate in
mortgage, or on execution, to any amount, as security for, or in
payment of any debts due to said corporation : provided, fur-
ther, that no money shall be loaned, or discounts made, nor shall
any bills or promissory notes be issued from said bank, until the
capital subscribed and actually ])aid in, and existing in gold and sil-
ver in their vaults, shall amount to seventy-five thousand dollars.

Sect. 3. Be it further enacted, That the rules, limitations
and provisions which are provided in and by the third section of
an act, entitled "an act to incorporate the president, directors, isuch. 84.
and company ofthe State Bank," shall be binding on the bank

344

1825..

■Chap. 37.

Bond of cashier.

Number of di-
rectors.

Amount of bills
in circulation.

Location,

Charter how
forfeited.

First meeting.

Commonwealth
may subscribe
to capital stock,
and appoint
directors.

Jiank liable to
pay original
amount of al-
tered notes.

Stereotype
plate.

hereby established, in the same manner as though specially recited
in this act, excepting that the bond required to be given by the
cashier, shall be given in the penalty of thirty thousand dollars ;
that the number of directors to be annually chosen, shall be nine,
and five may constitute a quorum for the transaction of business :
and a majority of said directors shall be residents of said town :
and provided, also, that the amount of bills in circulation, issued
from said bank, shall not at any one time exceed their capital stock
actually paid in.

Sect. 4. Be it further enacted, That said bank shall be es-
tablished and kept in the town of New-Bedford.

Sect. 5. Be it further enacted, That any committee, spe-
cially appointed by the Legislature for that purpose, shall have a
right to examine into the doings of said corporation, and shall
have free access to all their books and vaults, and if, upon such
examination, it shall be found, and after a full hearing of said cor-
poration thereon, be determined by the Legislature, that the said
corporation have exceeded the powers herein granted them, or
failed to comply with any of the rules, restrictions or conditions
in this act provided, this act of incorporation shall thereupon be
declared to be forfeited and void.

Sect. 6. Be it further enacted. That .Joseph Rotch,
Tim. G. Coffin, William H. Allen, Gideon Allen, David R.
Green, and Elisha Haskell, are authorized to call a meeting of
the stockholders of said corporation, at a convenient time and
place, by advertising the same three weeks successively in the
New-Bedford Mercury, and Gazette, newspapers printed in New-
Bedford, for the purpose of making, ordaining, and establishing
such by-laws, ordinances and regulations, for the orderly con-
ducting the affairs of said corporation, as the stockholders shall
deem necessary, and for the choice of the first board of direct-
ors, and such other officers as they shall see fit to choose.

Sect. 7. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall provide there-
for, to subscribe on account of said Commonwealth, a sum not
exceeding seventy-five thousand dollars, to be added to the capital
stock of said corporation herein before provided for, and when-
ever the Commonwealth shall become so interested in said bank,
the governor and council shall have a right to appoint four addi-
tional directors for the management of the same.

Sect. 8. Be it further enacted, That the said corporation
shall be liable to pay to any bona fide holder, the original amount
of any note of said bank, altered to a larger amount in the course
of its circulation, notwithstanding such alteration, and shall also
be liable to pay to any bona fide holder, the amount of any note
of said bank counterfeited, unless such note is printed or im-
pressed with the stereotype plate ; and that said corporation shall
not, at any place whatever, directly or indirectly, purchase, re-
ceive, pay, or exchange any bill or note at [ o/] said bank, or of
any other bank incorporated within this Commonwealth, for any
less sum than the nominal value expressed on said bill or note ;

1825. Chap. 37—38. 345

and no loan or discount shall be made, nor shall any bill or note
be issued by the said corporation, or by any person on llieir ac-
count, in any other place than at said bank.

Sect. 9. Be it further enacted, That said corporation, from Tax.
and after the first day of October next, shall pay, by way of tax,
to the treasurer of this Commonwealth, for the use of the same,
within ten days after the first Monday of October and April,
annually, the half of one per centum on the amount of stock
which shall have been actually paid in.

Sect. 10. Be it further enacted, That whenever the Legis- Loans to the
lature shall require it, the said corporation shall loan to the Com- ^e^]^°"'
monwealth any sum of money which shall be required, not ex-
ceeding twenty per centum of the capital stock actually paid in, re-
imbursable by five annual instalments, or at any shorter period at
the election of the Commonwealth, with the annual payment of
interest at a rate not exceeding five per centum per annum.

Sect. 11. Be it further enacted. That the capital stock of Conditions of
said bank shall not be sold or transferred, but be holden by the '^"s ^^t-
original subscribers thereto, for and during the term of one year
from the time of passing this act. And in case the same shall
not be put into operation according to the provisions thereof,
within the year aforesaid, it shall be void.

Sect. 12. Be it further enacted, That no dividend of profit No dividends
shall be declared, or paid on the capital stock of said bank, until to be made untu
the whole of said stock shall have been paid conformably to in.
the provisions of this act. [June 18, 1825.] Add. acts, 1827
ch. 42 : 1830 ch. 58—104.

An Act to incorporate the Third Calvinistic Baptist Society in the town of Middle- f^hnYt '^R
borough, in the county of Plymouth. l^UUjJ. OO.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Elisha Rider, Elisha Clark, Isaac Cushman, Job Persons incor-
Shearman, Barnabas Perkins, Elias Cushman, John Benson, ^^^
George Cushman, Josiah Barrow, Standish Rider, William Nel-
son, Aberdeen Keith, Isaac Cushman, third, Foster H. Keith,
Zenas Bishop, Samuel P. Keith, Ransom Fisk, Asahel Hacket,
Zebedee Cobb, Ancil Wood, Ancil Wood, Jun.,.Iohn Carver,
Asa Barrows, Elias Cushman, third, Ebenezer Smith, David A.
Vaughan, Zebulon Cushman, Samuel Cobb, Jonathan Cobb, Jo-
siah Leonard, Moses Gibbs, Reuben Gibbs, Abiel Peirce, Na-
than Rider, Moses Shaw, Nathan Shearman, Otis Perry, and
Eli Peirce, all of Middleborough, in the county of Plymouth, and
Allen Thatcher, and Joshua Benson, of Rochester, in said coun-
ty, with their families and estates, together with such other per-
sons as may hereafter associate with them, be, and they are
hereby incorporated into a religious society, by the name of the
Third Calvinistic Baptist Society in the town of Middleborough,
in the county of Plymouth, with all the privileges, powers, and Powers and
immunities to which parishes, and religious societies are entitled Pf'v eges.
by the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That the members of said
VOL. VI. 44

fund.

346 1825 Chap. 38—40.

Authorized to corporation are hereby authorized to raise, by donation or sub-
raise a fund. scription, a fund for the purpose of supporting a calvinistic minis-
ter of the baptist denomination in said society : provided, the
annual income thereof shall not exceed six hundred dollars ; and
all subscribers to said fund shall be holden, by law, to pay the
same according to the subscription.
Trustees of Sect. 3. Be it further enacted, That said fund shall be under

the direction and management of five trustees, to be chosen an-
nually by said society, who shall be under the direction of the
society, and shall account with said society or their committee
annually for the same.
Interest only to Sect. 4. Be it further enacted, That said fund shall be
be used. p^j. gj interest, the interest of which, and that only, shall be ap-

plied to pay the salary of a minister before described, and no part
of the principal of said fund shall ever be expended.
First meeting. Sect. 5. Be it further enacted, That Isaac Stevens, Es-
quire, is hereby authorized to issue his warrant for the calling
the first meeting of said society, for the choice of officers, and for
organizing said society. [June 18, 1825.]

K^linp. OJ, An Act in addition to " an Act to incorporate the North Parish Cougregational Fund-
1823 h "7 ing Socieiy, in Wrentham."

BE it enacted by the Senate and House of Representatives^

in General Court assembled, and by the authority of the same,

Mone;ynot to That the treasurer of said Funding Society shall not pay out of

an ordcr^r'om" ^'^^ treasury any money, without an order from the trustees, in

trustees. conformity to some vote of the society ; any thing in the act to

which this is an addition, to the contrary notwithstanding. [^June

18, 1825.]

ChciV' 40. ■^" ^^"^ '" '"Corporate ti)e Trustees of the Poors' Fund in the town of Charlestown.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- ^^^^ Same, That .lames K. Frothinghani and others, selectmen of
porated. the town of Cliarlestown, and Thomas jNIiller, Amos Tufts and

Matthew Skilton, deacons of the First Congregational Church,
William Arnold and James Fosdick, deacons of the Baptist
Church, Moses Hall, Daniel Tufts and Joseph Gould, deacons
of the Universalist Church, Joseph Phipps and Elias Phinney,
deacons of the New Church, all of said Charlestown, for the
time being, and their successors in the said offices of selectmen
and deacons, for the time being, be, and they hereby are, made
a body politic and corporate forever, by the name of the Trus-
tees of the Charlestown Poors' Fund, for the purjiose of man-
aging certain donations, given and bequeathed at different peri-
ods of time, by Richard Russell, Esq., Captain Richard Sprague,
Mr. Thomas Call, and Richard Devens, Esq., all formerly inha-
bitants of the said Charlestown, and such other funds as may
come into their hands for like purposes ; and the said trustees,
Powers and pri- by the name aforesaid, may sue and be sued, prosecute and de-
vileges. fgnd suits, with power of substitution, and may have a common

seal, and the same may alter and renew at pleasure ; and the two

1825. Chap. 40—41. 347

senior deacons of all regularly organized religious churches,
which may hereafter be constituted in said town of Charlestovvn,
shall be considered as members of said board of trust : provided, Proviso,
that, whenever any new society shall be constituted in said town,
the board of trust shall be composed of the selectmen and two
senior deacons from each church, for the time being, and their
successors in said offices.

Sect. 2. Be it further enacted, That the said trustees officers and by-
may choose a treasurer and other necessary officers, and may ^^^"
adopt all needful by-laws and regulations for the government of
the corporation, not repugnant to the constitution and laws of this
Commonwealth, and the same may alter as they may find expe-
dient and necessary.

Sect. 3. Be it further enacted, That the said trustees shall Trustees may
have full power to receive and hold all money, securities, and [hrpoors'
other estate, real or personal, now constituting the said Poors' Fund.
Fund, and also to receive and hold all gifts, grants and donations,
real and personal, that may hereafter be made to increase the said
fund, and the same to manage and put on interest, and to apply
the income thereof, annually, for the relief of the poor of said
town forever, conformably to the true intent and meaning of the
several donors : provided, however, that the annual income of
said fund, shall not exceed the sum of two thousand dollars.

Sect. 4. Be it further enacted. That the said trustees shall Trustees may
have power to make sale of any of their property, real or person- ^®" Property-
al, purchased or given, as they shall judge most for the interest
of their said trust, unless that which shall be given, be expressly
otherwise appropriated by the donor ; and all monies arising from
such sale and the subsequent income, shall be applied to the same
use to which the property sold and the income thereof were re-
spectively applicable, and all deeds, conveyances, contracts and
other instruments, duly authorized by the board at a regular
meeting, and signed by the president and attested by the secreta-
ry, shall be good and valid.

Sect. 5. Be it further enacted. That James K. Frothing- First meeting.
ham be, and he hereby is authorized to call the first meeting of
the trustees, at such time and place as he shall think proper.
[June 18, 1825.]

An Act to establish the Third Conereffational Precinct in Rochester, Middleborouffh /^hntt /i 1
and Freetown. ^ ^ ' S Ctiaf. 41.

Sect. 1. BE it enacted by the Senate and House of Rep- [gse ch'^nT^
resentatives, in General Court assembled, and by the authority of v. also 1792 ch.
the same, That Nathaniel Morton, Job Morton, Caleb Brieas, ^^■J'l^LP-^^i)

Tin 1 T 1 Ti 1 • 11- 1 ^"^ ? and 1793 ch. 60.

Jacob liennett and John Perkms, and their successors, be, and (v. 1. p. 509.)

ihey hereby are constituted a body politic and corporate forever. Persons incor-

by the name of the Trustees of the Third Congregational Pre- P°^^'^ '

cinct in Rochester, Middleborough and Freetown ; and may sue

and be sued in all actions, real, personal and mixed, and prose- Powers.

cute and defend the same to final judgment and execution, by

the name aforesaid.

Sect. 2. Be it further enacted, That said trustees be, and

348

1825.-

■Chap. 41—42.

Trustees may
receive funds.

Real and per-
sonal estate.

Proviso.

Board of trus-
tees.

Officers and
by-laws.

hereby are vested with, and shall have full power to receive into
their hands all monies and securities for money, and all bequests
and subscriptions which may now be in the possession of said
precinct, or the treasurer thereof, and all monies, subscriptions,
donations, bequests and secmities for real or personal estate,
which hereafter may be raised, given or made, for the use of said
precinct, and the said trustees are hereby empowered, by pur-
chase or operation of law, to take, have, hold, use, improve and
manage any estate, real, personal or mixed, the annual income
whereof shall not exceed the sum of one thousand dollars, in trust
for the support and maintenance of the gospel ministry, and other
expenses of said precinct ; and any gift, grant, bequest or devise
hereafter made to said trustees, or their successors, shall be valid
and effectual to all intents and purposes whatever , jrrovided,
however, that the funds of said precinct shall be unalienable, that
its proceeds shall in no case be appropriated but for the benefit
of said precinct ; and that the capital or principal of said fund
shall never be encroached upon, or at any time reduced.

Sect. 3. Be it further enacted, That any three of said
trustees shall constitute a board for the transaction of business,
but the concurrence of that number shall be necessary to every
act and proceeding whatever ; and said trustees shall fill all va-
cancies at their board, as they shall arise from death, resignation,
incapacity, or removal fron) the Commonwealth.

Sect. 4. Be it further enacted, That said trustees shall
choose a treasurer, who shall be under bond for the faithful per-
formance of his duty, and such other officers as they may deem
expedient, and shall have power to make such rules, regulations
and by-laws, not inconsistent with the constitution and laws of
this Commonwealth, as they judge necessary for the convenient
transaction of their business. [June 18, 1825.] Add. act,
182G ch. 17.

CfhctV' 42. ■'^" ^^^ '° incorporate the President, Directors and Company of the Milibury Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
Persons incor- of the Same, That Asa Waters, Amasa Wood, Caleb Burbank,

porated.

Powers and
privileges.

Proviso.

Joseph Goffe, William M. Benedict, Orra Goodale, Simon
Farnsworth, Charles Prentice, Charles Parkman, with their as-
sociates, successors and assigns, shall be, and are hereby created
a corporation, by the name of the President, Directors and Com-
pany of the Milibury Bank, and shall so continue until the first
Monday of October, in the year of our Lord one thousand eight
hundred and thirty-one, and by that name shall be, and are here-
by made capable in law to sue and be sued, to plead and to be
impleaded, defend and be defended, in any court of record, or
any other place whatever ; and also to make, have and use a
common seal ; and to ordain, establish and put in execution such
by-laws, ordinances and regulations, as to them shall appear ne-
cessary and convenient for the government of said corporation, and
the prudent management of its concerns : provided, such by-laws,

1825. Chap. 42. 349

ordinances and regulations shall be in no wise contrary to the
constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That the capital stock of Capital stock.
said bank shall consist of the sum of one hundred thousand
dollars, in gold and silver, in shares of one hundred dollars
each, to be paid in the following manner — one third part thereof
on or before the first day of November next, one third part When to be
thereof on or before the first day of February next, and the res- P^" '""
idue thereof on or before the first day of June next, or at such
earlier time as the stockholders at any meeting may order ; and
no dividend of profits shall be declared or paid on the capital
stock of said bank, until the whole of said stock shall have been
paid in, conformable to the provisions of this act; and the stock- Transferor
holders, at their first meeting, shall, by a majority of votes, deter- ^^"*^ "
mine the mode of transferring and disposing of the stock and
profits of said bank, which, being entered on the books of said
corporation, shall be binding on the stockholders, their successors
and assigns ; and the said corporation are hereby made capable
in law, to have, hold, purchase, receive, possess, enjoy, and
retain to them, their successors, and assigns, lands, rents, tene- Real estate,
ments, and hereditaments, to the amount of five thousand dollars,
and no more, at any one time, with power to bargain, sell and
dispose of the same, and to loan and negotiate their monies and
effects, by discounting on banking principles, on such security as
they shall think proper : provided hoioever, that nothing here- Provisos.
in contained, shall prevent said corporation from taking and hold-
ing real estate on mortgage, or on execution, to any amount, as
security for, or in payment of any debt due to said corporation :
and provided further, that no money shall be loaned, or discounts
made, nor shall any bill be issued from said bank, until the capital
subscribed and actually paid in, and existing in gold and silver in
the vaults of the same, shall amount to fifty thousand dollars.

Sect. 3. Be it further enacted, That the rules, limitations
and provisions, which are provided in and by the third section of
an act entitled " an act to incorporate the President, Directors 1811 ch. 84.
and Company of the State Bank," shall be binding on the bank
hereby established, in the same manner as though especially recit-
ed in this act, excepting that the bond to be given by the cashier Cashier's bond,
shall be given in the penal sum of twenty thousand dollars, and
the number of directors to be annually chosen shall be nine, and Number of di-
be inhabitants of and residents within the county of Worcester, factors.
in said Commonwealth, and accountable for the doings of the
whole board, five of whom may constitute a quorum for transact-
ing business : provided, that the amount of bills of the said bank Bii's in circuia-
in circulation, shall not at any one time exceed the capital actu- "°""
ally paid in.

Sect. 4. Be it further enacted, That the said bank shall ^°[^"°" °^
be established and kept in the town of Millbury, in the county of
Worcester ; and a majority of the directors shall always be resi-
dent in said town, and all of them in the county of Worcester ;
and no loan or discount shall be made, nor shall any bill or note

350

1825.-

-Chap. 42.

Charter, how
forfeited.

First meeting'.

Commonwealth
may subscribe
to capital stock,
and appoint
directors.

Bank liable
to pay original
amount of al-
tered notes.

Stereotype
plate.

Tax.

Loans to the
Common-
wealth.

be issued by the said corporation, or by any person on their ac-
count, in any other place than at the said bank.

Sect. 5. Be it further enacted, That any committee, espe-
cially appointed by the Legislature for that purpose, shall have
a right to examine into the doings of said corporation, and shall
have free access to all their books and vaults, and if, upon such
examination, it shall be found, and, after a full hearing of said
corporation thereon, be determined by the Legislature, that the
said corporation have exceeded the powers herein granted them,
or failed to comply with any of the rules, restrictions or conditions
in this act provided, this act of incorporation shall thereupon be
declared to be forfeited and void.

Sect. 6. Be it further enacted, That the persons herein
before named, or any one of them, are authorized to call a
meeting of the stockholders of said corporation, at a convenient
tiine and place, by advertising the same three weeks successively
in the Massachusetts Spy and National ^T^gis, two papers printed
in Worcester, for the purpose of making, ordaining and establish-
ing such by-laws, ordinances and regulations, for the orderly
conducting the affairs of said corporation, as the stockholders
shall deem necessary, and for the choice of the first board of di-
rectors, and such other officers as they shall see fit to choose.

Sect. 7. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall provide therefor,
to subscribe, on account of said Commonwealth, a sum not ex-
ceeding fifty thousand dollars, to be added to the capital stock
of said corporation herein before provided for, and whenever the
Commonwealth shall become so interested in said bank, the gov-
ernor and council shall have a right to appoint four additional
directors for the management of the same.

Sect. 8. Be it further enacted, That the said corporation
shall be liable to pay to any bona fide holder, the original amount
of any note of said bank altered to a larger amount in the course
of its circulation, notwithstanding such alteration ; and shall also
be liable to pay to any bona fide holder the amount of any note
of said bank counterfeited, unless such note is printed or im-
pressed with the stereotype plate ; and that said corporation shall
not, at any place whatever, directly or indirectly, purchase, re-
ceive, pay or exchange any bill or note of said bank, or of any
other bank incorporated within this Commonwealth, for any less
sum than the nominal value expressed in such bill or note.

Sect. 9. Be it further enacted. That the said corporation,
from and after the first day of April next, shall pay, by way of
tax, to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday of April and October
annually, the half of one per centum on the amount of stock which
shall have been actually paid in.

Sect. 10. Be it further enacted. That whenever the Legis-
lature shall require it, the said corporation shall loan to the Com-
monwealth any sum of money which may be required, not exceed-
ing twenty per centum of the capital stock actually paid in,

1825. Chap. 42—43. 351

reimbursable by five annual instalments, or at any shorter period,
at the election of the Commonwealth, with the annual interest,
at a rate not exceeding five per centum per annum.

Sect. 11. Be it further enacted, That the capital stock of Capital stock
said bank shall not be sold or transferred, but be holden by the fj,7"ne°'eyr!°''*
original subscribers thereto, for and during the term of one year
from the time of passing this act ; and in case the same shall not
be put into operation according to the provisions thereof, within
the year aforesaid, it shall be void. [June 18, 1825.] Add.
act, 1830 ch. 132.

An Act to incorporate the Second Congregational Society in the town of North (JJidy)^ 43.
Bridgewaler. ■'■

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Abiel Kingman, Micha Packard, David Cobb, Persons incor-
Jun., Nathan Hayward, Gideon Harvard, David Packard, JMarcus P"^^'^'^-
Shaw, Jesse Packard, John Battles, Hiram Atherton, Nahum I.
Smith, Newton Shaw, Anthony S. Allen, Edwin Kulh, Washburn
Packard, Asa Britt, Harvey Hersey, Samuel Thayer, Samuel
Howard, Eliphalet Thayer, Oliver Snell, Jun., Zebah Thayer,
Sihon Packard, Jun., Appollos Howard, Wihome Howard, Ca-
leb Howard, Jun., Azor Packard, Simeon Dunbar, Nathaniel H.
Cross, Joseph S. Packard, Joseph D. Snell, Zenas Packard,
Jun., Stillman Willis, Silas Snow, Silas Snow, Jun., John Curtis,
Hosea Packard, Asa Shaw, Samuel Packard, William Curtis,
Jun., Isaac Packard, Isaac Richards, John Field, Zophar Field,
Austin Howard, Josiah W. Curtis, Richmond Carr, Otis How-
ard, David Edson, third, Luke P. Lincoln, Thomas Reynolds,
Azel Reynolds, Oliver Snell, Isaac Snell, Jeremiah Snell,
James J. Sanders, Daniel Bryant, Ara Battles, Abijah Childs,
Thomas White, Thomas White, Jun., Arza Leonard and John
White, with their families and estates, together with such others
as may hereafter associate with them, and their successors, be,
and they are hereby incorporated into a society, by the name of
the Second Congregational Society in the town of North Bridge-
water, with all the privileges, powers and immunities which other Powers and
religious societies in this Commonwealth are by law entitled to,
and may purchase, receive by gift, or otherwise, real estate [to]
the value of which shall not exceed the sum of eight thousand
dollars.

Sect. 2. Be it further enacted. That it shall and may be Deeds to be
lawful for all deeds hereafter to be given on the sale of any inter- '"^•^"j^'^^'^ ^y
est in a meeting-house, which may be erected for the use of said
society, to be recorded by the clerk of said society, in a book
to be especially provided for that purpose ; and all deeds, legally
executed and recorded as aforesaid, shall be deenied sufficient in
law, any law or usage to the contrary notwithstanding.

Sect. 3. Be it further enacted, That any justice of the First meeting.
peace for the county of Plymouth, upon application therefor, be,
and is hereby authorized and empowered to issue his warrant to
some member of said society, requesting him to notify the first

352

1825.-

-Chap. 43—44

Chap. 44.

Persons incor-
porated.

[Name changed
1832 ch. 39.]

Powers and
privileges.

1817 ch. 120.

Real estate.

Capital stock.

When to be
paid.

1817 ch. 120.

Number of di-
rectors.

meeting of said society, at such convenient time and place as may
be appointed in said warrant, for the election of officers, and to
transact such parochial business as may be authorized in said war-
rant. [June IS, 1825.]

An Act to incorporate the yEtna Insurance Coinpan}- in Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William Hales, Daniel vSargent, Henry Lunt,
Nathaniel G. Snelling, Lewis Tappan, Charles Thacher, John
T. Apihorp, Thomas VVigglesworth, Henry Lee, and William
Lawrence, with their associates, successois and assigns, be, and
they hereby are incorporated into a company and body politic, by
the name of the iEtna Insurance Company, with power to in-
sure manufactories, and other buildings and property against fire ;
and to be governed and controlled by the provisions contained in
a law of this CoiTimonwealth, entitled "an act to define the pow-
ers, duties and restrictions of insurance companies," passed
the sixteenth day of February, in the year of our Lord one thou-
sand eight hundred and eighteen, so far as they may apply to a
corporation established for the exclusive purpose of insuring
against the risk of fire, and with authority to make insurances
against fire, on buildings, machinery, and stock employed in man-
ufacturing, and on dwelling-houses and all other buildings and
property liable to be burned or injured by fire, for and during
the term of twenty years after the passing of this act : and
by that name may sue and be sued, plead and be impleaded,
appear, prosecute and defend to final judgment and execution ;
and may have a common seal, which they may alter at pleas-
ure ; and may purchase, hold and convey any estate, real or per-
sonal, for the use of said company : provided, their real estate
shall not exceed the value of one hundred thousand dollars, ex-
cepting such as may be taken for debt, or held as collateral secu-
rity for monies due to said company.

Sect. 2. Be it further enacted, That the capital stock of said
company shall be one million of dollars, and said capital shall be di-
vided into shares of one hundred dollars each, the whole of which
shall be paid in quarterly payments, in three, six, nine and twelve
months after the first meeting of the company, fifty per cent, of
which shall be secured, agreeable to the provisions contained in
the third section of an act " to define the powers, duties and re-
strictions ofinsurance companies," passed February the sixteenth,
in the year of our Lord one thousand eight hundred and eigh-
teen. The residue of the capital shall be invested in such
manner as the directors may in their discretion think proper, for
the ample security of the same.

Sect. 3. Be it further enacted, That the stock, property,
affairs and concerns of the said company, shall be managed and
conducted by twenty-five directors, one of whom shall be pres-
ident thereof, and who shall hold their offices for one year, and un-
til others are chosen, and who shall be stockholders in said com-
pany, and citizens of this Commonwealth, at the time of their

1825. Chap. 44—45. 353

election, which shall be on the second Wednesday in Janu-
ary, in every year, at such time of the day, and at such place
in Boston, as a majority of the directors for the time being shall
appoint, of which election public notice shall be given, in two of
the newspapers printed in Boston, and continued for the space of
ten days preceding such election, which shall be made by ballot,
and by a majority of the votes of the stockholders present, al-
lowing one vote to each share in the capital stock : provided^
that no stockholder be allowed more than thirty votes ; and the
stockholders not present may vote by proxy ; and if, from any
cause, the directors should not be chosen on the second Wednes-
day in January as aforesaid, it shall be lawful to choose them on
any other day, in the manner herein prescribed.

Sect. 4. Be it further enacted, That the directors, shall President,
meet as soon as may be after every election, and choose from
their board one person to be president, who shall be sworn
to the faithful discharge of the duties of his office, and every
vacancy in the office of president or directors, that may occur in
the interim of the annual meetings, may be filled by a special elec-
tion in the manner herein prescribed for the annual elections.

Sect. 5. Be it further enacted, That the president and four Board of di-
directors, or five directors in the absence of the president, shall ^*^'=^°"-
be a board competent to transact the business of the company,
and all questions before them shall be decided by a majority of
the board ; and they shall have power to make such rules and By-laws,
by-laws as they may deem proper for the management of the af-
fairs, and security of the property of said company, and have power
to appoint a secretary, and such other officers as they may think
necessary ; and make such compensations as they may deem ad-
equate to the services performed : provided, that such rules and
by-laws be not repugnant to the constitution and laws of this
Commonwealth.

SpcT. 6. Be it further enacted, That any two of the per- First meeting,
sons named in this act, are hereby authorized to call a first meet-
ing of said company, for the purpose of organizing and carrying
the same into operation, by giving notice in two of the newspa-
pers printed in Boston, four days previous to the time of holding
such first meeting.

Sect. 7. Be it further enacted. That said company shall Limitation of
never take, on any one risk, a sum exceeding ten per centum "^'''**
on the capital stock of said company actually paid in, agreeable to
the provisions contained in this act.

Sect. 8. Beit further enacted. That the said jEtna Insur- Liability to be
ance Company shall be liable to be taxed by any general law pro- '^^*^'
viding for the taxation of all similar corporations. \June 18, 1825.]
Add. acts, 1832 ch. 39 : 1833 ch. 3.

An Act to incorporate the Columbian Manufacturing Company. CHct'Dt 45

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of

the same, That Ebenezer D. Ammidown, Moses Plympton,and Persons incor-
porated.
VOL. VI. 45

35^

1825.-

•Chap. 46—48.

Powers and

privileges.

1808 ch. 65.

Real and per-
sonal estate.

Chap. 46.

1822 ch. 48.

Increase of
capital stock.

Samuel Hartwell, Jr., together with such others as may hereaf-
ter be associated with them, and their successors, be, and they
are hereby made a corporation, by the name of the Columbian
Manufacturing Company, for the purpose of manufacturing cotton
and woollen goods, and grinding grain, in the town of South-
bridge and county of Worcester ; and for these purposes, shall
have all the powers and privileges, and be subject to all the du-
ties and requirements contained in an act passed on the third day of
March, in the year of our Lord one thousand eight hundred and
nine, entitled " an act defining the general powers and duties of
manufacturing corporations," and the several acts in addition
thereto.

Sect. 2. Be it further enacted, That the said corporation
may be lawfully seized and possessed of such real estate, not ex-
ceeding fifty thousand dollars, and such personal estate, not ex-
ceeding one hundred thousand dollars, as may be necessary and
convenient for the purposes assigned. [June 18, 1625.]

An Act in addition to an Act, to incorporate the Boston and Springfield Manufacturing
Company.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same, That
the Boston and Springfield JNlanufacturing Company, be, and
they hereby are allowed to increase their capital stock the sum
of five hundred thousand dollars, to be divided into shares of one
thousand dollars each ; and that said corporation may invest and
hold a part of their whole capital, not exceeding three hundred
thousand dollars, in real estate, and the residue in personal estate.
[June 18, 1825.] Add. act, 1826 ch. 113. Name changed.

Chap. 47. ^" ^^"^ '° incorporate the Mount Pleasant Cotton and Woollen Manufacturing Com-
^ paiiy.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of the
same. That Daniel Upham, John A. Smith, Emory Washburn,
James Smith, Nathaniel P. Denny, and Joshua Clapp, their as-
sociates, successors, and assigns, be, and they hereby are made
a corporation by the name of the Mount Pleasant Manufacturing
Company, for the purpose of manufacturing cotton and woollen
goods in the town of Leicester, in the county of Worcester, and
for this purpose shall have all the powers and privileges, and be
subject to all the duties and requirements, contained in an act
passed on the third day of March, in the year of our Lord one
thousand eight hundred and nine, entided " an act defining the
general powers and duties of manufacturing corporations," and
the acts in addition thereto.

Sect. 2. Be it further enacted. That the capital stock shall
not exceed the sum of two hundred thousand dollars, personal,
and one hundred thousand dollars real estate. [June 18, 1825.]

An Act in addition to an Act, entitled '■ An Act for regulating aiid disposing of the
fisli called alewives, within the limits of the town of Weymouth, and for the more
etlectually securing to the said town the advantages thereof."

WHEREAS, an agreement has been entered into between
the proprietors of the falls and water privileges on Alewife river,

Persons incor-
porated.

Powers and
privileges.

1808 ch. 65.

Capital stock.

Chap. 48.

1800 ch. 73.
(v. 2. p. 434.)

Preamble.

1825. Chap. 48—49. 355

and the town of Weymouth, for the removal of the objections
which exist in the minds of said proprietors under the act to which
this is in addition, to the use of their water power, for manufac-
turing purposes ; in pursuance of said agreement —

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the proprietors of the water falls and mill privi-
leges on Alewife river, in Weymouth, be, and they are hereby
authorized and empowered to erect proper fish ways, which Fish ways lo be
shall be satisfactory to commissioners to be appointed as is here- ^'■^'=*^'^-
in after provided, and said commissioners, when thus appointed,
shall have full power to settle difficulties which may arise between
the town and said proprietors, on the complaint of either party,
and the cost of such meeting shall be awarded to either party by
the commissioners.

Sect. 2. Be it further enacted, That his excellency the Commissioners
governor, with advice of council, be, and he is hereby authorized ^^ eappomte .
and empowered to appoint three suitable persons to be commis-
sioners for the purposes aforesaid. And it shall be the duty of
said commissioners, when any complaint is filed by either party,
to give reasonable notice to the other party, of the time and place
fixed for enquiring into and deciding on the same, and in case of
disagreement, the decision of any two of said commissioners shall
be final.

Sect. 3. Be it further enacted, That whenever any ob-
struction shall be made to the passage of said fish into Whitman's Fish committee
pond, and repassing; from thence to the sea, instead of the fish '° ^^'^'^ *^°"""

1 ^ L zj ^ ^ ^ ^ plciinls to coiTi"

committee appointed by said town, havmg power as is provided missioners.
by the act to which this is in addition, to enter the land of any
person or persons, for the purpose of removing such obstructions,
it shall be the duty of said committee to make complaints thereof
to the commissioners aforesaid ; who shall proceed to consider,
examine and decide upon the same, according to the provisions
of this act.

Sect. 4. Jind be it further enacted, That such parts of the Repeal offor-
act to which this is in addition, as is inconsistent with the provi- ™^'" ^ctmpart.
sions of this act, be, and the same is hereby repealed. [June
18, 1825.] Add. act, 1836 ch. 198.

An Act to incorporate the Merchants' Insurance Company, in New Bedford. Chflt) 49

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John A. Parker, William H. Allen, Gideon Persons incor-
Allen, Timothy G. Coffin, Abraham Barker, David R. Green, po^ated.
Elisha Haskell, Joseph Brown, Eli Haskell, Hayden Coggeshall,
George Randall, Gideon Randall, Stephen Merrihew and Lem-
uel Tripp, with their associates, successors and assigns, be, and
they are hereby incorporated into a company and body politic,
by the name of the Merchants' Insurance Company, with all the
powers and privileges granted to insurance companies, and sub- Powers and
ject to all the restrictions, duties and obhgations contained in a P"viieges.

35()

1825.-

•Chap. 49.

1817 ch. 120.

1819 ch. 141.

Real estate.

Capital.

When to be
paid in.

Number of di-
rectors.

Time and place
of elections.

Right of voting.

Secretary may
ceill meeting of,
stockholders.

law of this Commonwealth, entitled "an act to define the powers,
duties and restrictions of insurance companies," passed on the
sixteenth day of February, in the year of our Lord one thousand
eight hundred and eighteen, and in a law of this Commonwealth,
entitled "an act authorizing the several insurance companies in
this Commonwealth to insure against fire," passed on the twenty-
first day of J^ebruary, in the year of our Lord one thousand eight
hundred and twenty ; for and during the term of twenty years
after the passing of this act, and by that name may sue and be
sued, plead and be impleaded, appear, prosecute and defend to
final judgment and execution, and may have a common seal,
which they may alter at pleasure ; and may purchase, hold and
convey any estate, real or personal, for the use of said company :
provided, the said real estate shall not exceed the value of twelve
thousand dollars, excepting such as may be taken for debt, or
held as collateral security for money due to said company.

Sect. 2. Be it further enacted. That the capital stock of
said company, exclusive of premium notes and profits arising
from business, shall be one hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, ten per cent,
of which shall be paid in money, by each and every subscriber,
on the amount of his subscription, within ninety days after public
notice given by the president and directors, chosen by the stock-
holders, in the newspapers printed in New Bedford, and the res-
idue shall be secureti by a deposit of stock of some bank within
this Commonwealth, or such other security as may be approved
by three fourths of the directors, and be paid in such sum or
sums, at such time or times, and under such penalties, as the
said president and directors shall, in their discretion, direct and
appoint.

Sect. 3. Be it further enacted, That the stock, property,
affairs and concerns of the said company shall be managed and
conducted by nine directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until others
are chosen, and no longer, and who shall, at the time of their
election, be stockholders in said company, and citizens of this
Commonwealth, and shall be elected on the first Monday of Jan-
uary, annually, at such time of the day and in such place in New
Bedford, as the directors for the time being shall direct ; of which
election public notice shall be given, in one or more newspapers
printed in New Bedford, ten days at least previous to the meet-
ing, and the election shall be made by ballot, by a majority of
the votes of the stockholders present, allowing one vote to each
share in the capital stock : provided, that no stockholder shall be
allowed more than ten votes, and absent stockholders may vote
by proxy under such regulations as the said company shall pre-
scribe ; and if, by any accident, the directors should not be cho-
sen on the said first Monday of January as aforesaid, it shall be
lawful to choose them on any other day, in the manner herein pro-
vided ; and it shall be the duty of the secretary of said company,
at any time, upon application in writing of the proprietors of

1825. Chap. 49. 357

twenty per centum of the capital stock, to call a meeting of the
stockholders, to be holden at such time and place in said New
Bedford, as they shall direct, for the purposes mentioned in such
application, by giving the like notice thereof, as is herein required
for the election of directors.

Sect. 4. Be it further enacted, That the directors, when Election of
chosen, shall meet as soon as may be after every election, and shall P'''^^'"-" •
choose out of their body one person to be president, who shall
be sworn or affirmed to the faithful performance of the duties of
his office, and who shall preside for one year ; and in case of
death, resignation, or inability to serve, of the president, or any
directors, such vacancy or vacancies may be filled for the remain-
der of the year in which they may happen, by a special election
for that purpose, to be notified and held in the same manner as
is herein before provided, respecting annual elections of directors.

Sect. 5. Be it further enacted, That the president and four Board of direc-
of the directors, or five of them in his absence, shall be a board
competent to the transaction of business, and all questions before
them shall be decided by a majority of votes ; and they shall
have power to make and prescribe such by-laws, rules and regu- By-laws,
lations, as to them shall appear needful and proper touching the
management and disposition of the stock, property, estate and
effects of said company, and the transfer of the shares, and touch-
ing the conduct and duties of the several officers, clerks and ser-
vants employed, and the election of the directors, and all such
matters as appertain to the business of insurance ; also shall have
power to appoint a secretary, and so many clerks for carrying on
the said business, and with such salaries and allowances to them,
and to their president, as to the said board shall seem meet :
provided, such by-laws and regulations shall not be repugnant to Proviso,
the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted. That any five of the per- First meeting,
sons named in this act, are hereby authorized to call a meeting of
said company, by advertising die same in one or both newspapers
printed in New Bedford, in two successive papers, for the pur-
pose of electing their first board of directors, who shall remain
in office until the first Monday in January next, and until others
shall be elected in their stead : provided, hoivever, that this char- 9'^?''.'®'v ^^"^
ter shall be void and of no effect, unless put in operation agreea-
bly to the terms of it, within one year from and after the passing
of this act : and provided, also, that said company shall not take
any risk, or subscribe any policy, by virtue of this act, until
one moiety of the capital of said company shall have actually been
paid in, and secured in manner before provided.

Sect. 7. Be it further enacted. That said company shall VF"'*^^'"" "''
never take on any one risk, or loan on respondentia or bottomry,
on any one bottom, at any one time, including the sum insured
in any other way on the same bottom, a sum exceeding ten per
centum on the capital stock of said company, agreeably to the
provisions of this act.

358

1825.-

-Chap. 49—50.

Location.

Liability to
be taxed.

Stock shall not
be sold for one
year.

Chap. 50.

Preamble.

Persons incor-
porated.

Powers and
privileges.

Terms of mem-
bership.

Officers.

Sect. 8. Be it further enacted^ That said insurance company-
shall be located and kept in the town of New Bedford.

Sect. 9. Be it further enacted^ That said Merchants' In-
surance Company shall be liable to be taxed by a general law
providing for the taxation of all similar corporations.

Sect. 10. Be it further enacted^ That the capital stock of
said company shall not be sold or transferred, but shall be holden
by the original subscribers thereto, for and during the period of
one year after this charter shall be put into operation as aforesaid.
iJune 18, 1825.]

An Act to incorporate the Trustees of the Ministerial Fund in the town of Lynnfield.

WHEREAS a religious society, of the congregational de-
nomination, was established in Lynnfield, in the year of our Lord
one thousand seven hundred and twenty, and the said society, on
the second day of September, in the year of our Lord eighteen
hundred and eighteen, did form and adopt a constitution, for the
purpose of raising and establishing a fund for the support of the
gospel ministry in the said town, according to the faith and order
of the congregational persuasion ; and the committee of the said
society, in their behalf, have petitioned for an act of incorpora-
tion to carry into effect the intention of forming the said consti-
tution.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Daniel Needham, Andrew INIansfield, John Per-
kins, John Briant and Elijah Hewes, their successors and as-
signs, shall be, and hereby are made a corporation, in perpetual
succession, as trustees of the fund hereby established, for the
support of the gospel ministry in the town of Lynnfield, by the
name of the Trustees of the Lynnfield Society for the support
of the gospel ministry, and for this purpose shall have and exer-
cise the powers and privileges usually granted to like corporations,
and in the due care and management of the said fund, shall be
directed and governed by the following rules, viz. : — First, any
person who shall pay twenty dollars, at any one time, shall be
a member for life, and any person who shall pay one dollar, and
shall afterwards annually pay fifty cents into the parish treasury,
shall be a member of said society so long as he continues to pay
said sum ; and any member not pajnng annually his subscription,
shall cease to be a member, and shall have no right to vote in the
affairs of the said society; and any settled minister of the gospel,
of the congregational denomination, who may desire it, may be
an honorary member of the said society. Second, the officers
of the said corporation shall be a chairman, treasurer, a clerk,
and three directors, and no one person shall be eligible to any
of the above offices for more than three years successively, nor
to more than one office at any one time, and only two directors
shall be elected in any one year who have served as directors
the preceding year ; the appropriations of all monies shall be
made by the directors ; and the chairman, with the consent of

1825. Chap. 50—61. 359

one of the directors, may call special meetings ; or, in the ab-
sence of the chairman, any two of the directors may call such
meetings. Third, a permanent fund shall be provided for the Fund for the
support of a minister of the congregational persuasion, of which ^imJier"'^*
only five sixth parts of the interest may be expended, from all
the bequests, donations, grants, subscriptions, or otherwise, the
aggregate of which shall form the said fund, and form a portion
of the annual receipts, which shall be from time to time deter-
mined by the said directors. Fourth, the treasurer shall give Treasurer lo
bond with two sufficient sureties, in a reasonable sum to be &ivebond.
determined by the directors, for the faithful discharge of his
duty, which shall be to vest the property of the society in the
safest and most productive forms according to the instructions of
the directors, to make such payments as they may order, and
annually to render to the said society a written account of all
receipts and expenditures during the passed year, and the pres-
ent state of die fund, and the manner in which it is invested and
secured. Fifth, none of the above described sums shall be Monies, how
drawn out of the treasury until the capital stock shall amount to frTj^ur°"'°'^''^^
five hundred dollars ; but after the capital stock shall amount to
more than five hundred dollars, any part of the interest, not ex-
ceeding four per cent., may be drawn out by a vote of the soci-
ety giving such orders to the directors ; and when the said fund
amounts to one thousand dollars, then the said five sixth parts of
the interest shall be annually paid for the support of a congrega-
tional minister in the said society ; and if such teacher is not
provided by said society, the interest accruing to the said fund,
shall be added to said fund. And it shall never be in the
power of said trustees or directors to alienate or change the ap-
plication or appropriation of the said fund. Sixth, there shall be Annual meet-
an annual meeting of the said society on the first Wednesday in "'^"
April, called by the clerk, by posting up a written notification
on the meeting-house in Lynnfield, and [o/] the time and place
of meeting.

Sect. 2. Be it further enacted, That any justice of the First meeting.
peace for the county of Essex, upon application therefor, is
hereby empowered to issue a warrant, directed to one of the
trustees named in this act, requiring him to notify and call a
meeting of the said society, to be holden at such convenient
time and place as may be appointed in the said warrant, to organize
the said corporation by the appointment of its officers. [June
18, 1825.]

An Act in addition to an Act entitled, " An Act to establish the Becket Turnpike Cor- nhnr) 51 ,

Sect. 1. BE it enacted by the Senate and House of Rep- isosch. 40.
resentatives, in General Court assembled, and by the authority of (^- ^- p- ^^-^
the same, That so much of the said turnpike road, which lies
between the place where the Chester turnpike intersects the
said Becket turnpike, and the house of Daniel Sherman, in said
Becket, being about eighty rods of said road, be, and the same Road discontin-
is hereby discontinued as a turnpike road, and the said corpora- ^^^'

360 1825. Chap. 61—52.

tion are hereby discharged from the obligations of keeping in re-
pair that part of said turnpike lying between the limits aforesaid,
any thing in the act to which this is in addition to the contrary
notwithstanding.

Road aanexed. Sect. 2. Be it further enacted, That from and after the
passing of this act, eighty rods of the west end of the Chester
turnpike be, and the same is hereby annexed to the said Becket

V. 1802 ch. 105. turnpike : provided, the consent of the Chester turnpike cor-
(v. 3. p. 147.) pQj.atiQjj to the annexation aforesaid shall be first had and obtain-
ed. [June 18, 1825.]

^7 r 5) An Act establishing a Fire Department in the city of Boston.

^' ' Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
Fire depart- of the same, That the fire department of the city of Boston
*"^"'* shall hereafter consist of one chief engineer, and as many other

engineers, fire wardens, firemen, hose men, and hook and ladder
men, as shall, or may, from time to time, be elected and ap-
pointed by the mayor and aldermen, such election of the chief
and other engineers to be concurred in by the common council
of said city.
Mayor and ai- Sect. 2. Be {f/wrf/ier enac/cJ, That the mayor and alder-
izeTto ^"'''""^j men of said city be, and hereby are, authorized so to elect and
officers. appoint all or as many of the said officers, to cause certificates

to be issued of such election and appointment, and to fix a com-
pensation for the services of the chief engineer annually, said
compensation to be concurred in by the common council.
City council to Sect. 3. Be it further enacted. That it shall be the duty
fix the duties of of the city council of said city, to fix and ordain, from time to
sai o cers. ([^q^ ^[jg powers and duties of those oflicers respectively, in re-
lation to fire engines, and all other fire apparatus belonging to or
used in the said city, and also to the care and management there-
of, and to the conduct of said officers and of the citizens pres-
ent at fires, and to annex penalties for the breach of any rules or
regulations they may so fix and ordain, not exceeding twenty dol-
lars.
Powers of chief Sect. 4. Be it further enacted,- That the chief engineer,
and other engi-j engineers, and fire wardens, so elected and appointed, shall have
the same powers and authorities relative to the pulling down or
demolishing any house or other building to prevent the spreading
of fires, and also relative to all other matters and things affecting
the extinguishment or prevention of fires, or the commanding
assistance at them, as fire wardens now by law have, subject al-
ways to such modification as the city council or the Legislature
of this Commonwealth may ordain and establish. And the said
city of Boston shall be liable to pay all such reasonable com-
pensation for damage done by or consequent upon the acts or
directions of said chief engineer, engineers, and fire wardens as
other towns in this Commonwealth are liable to pay in like
cases for like acts and directions, done or given by their fire
wardens ; and all fines and forfeitures arising within the said city

1825. Chap. 52—53 361

of Boston, under the laws of this Commonwealth relative to the
extinguishment of or proceeding at fires, shall be distributed in
such way and manner, and applied to such use as the said city
council shall, from time to time, ordain and determine, any thing
in said laws to the contrary notwithstanding, subject always to
repeal or alteration by the Legislature of this Commonwealth.

Sect. 5. Be it further enacted, That every member of Members of
said fire department shall be exempt from militia services so long exempied'^'froin
as he shall continue to serve in said department ; and it shall be militia duty,
the duty of the person so exempted, to produce to the com-
manding officer of the militia company within whose bounds he
may reside, on or before the first Tuesday of May in each year,
a certificate, signed by the mayor of the city, stating that he is
a member of said fire department.

Sect. 6. Be it further enacted, That from and after the or- Repeal of laws,
ganizaiion of a fire department under this act, and notice thereof
given in one or more newspapers published in said city, by the
mayor thereof, all laws of this Commonwealth, relating to the
election and appointment of firevvards, so far as they affect the
election or appointment of firewards within the said city, be,
and the same are hereby repealed.

Sect. 7. Be it further enacted, That the provisions of when this act
this act shall not take effect until the same shall have been ac- shall take effect.
cepted by the ballots of the citizens of Boston, at a general
meeting called for that purpose. [June 18, 1825.] Add. acts,
1826 ch. 97 : 1828 ch. 123 : 1831 ch. 52.

An Act to incorporate the President, Directors, and Company of the Bunker Hill /^i ro

Bank. > > i- J Chap. 53.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Isaac Warren, Seth Knovvles, William Austin, Persons incor-
George Bardett, Nathaniel Austin, Thomas I. Goodwin, David Pirated.
Devens, Timothy Walker, John Winship, and Samuel Jaques,
Jr., their associates, successors and assigns, shall be, and hereby
are created a corporation, by the name of the President, Di-
rectors, and Company of the Bunker Hill Bank, and shall so
continue from the passage of this act, until the first Monday of
October, which will be in the year of our Lord one thousand
eight hundred and thirty-one ; and the said corpoiation shall al-
ways be subject to the rules, restrictions, limitations, taxes and Powers and
provisions, and be entitled to the same rights, privileges and P^^'i'^S^s.
immunities, which are contained in an act, entitled, "an act to isiich. 84.
incorporate the President, Directors, and Company of the State
Bank," except in so far as the same are modified or altered by
this act, as fully and effectually as if the several sections of said
act were herein specially recited and enacted. Provided, how-
ever, that the amount of bills issued from said bank, at any one [Inl'^^d to in-
time, shall not exceed fifiy per centum of the amount of capital "«;«se issue of

„tr>olr t n -J • bills. 1825 ch.

stock actually paid in. los.j

Sect. 2. Be it further enacted. That the capital stork of Capital stock.

said corporation shall consist of the sum of one hundred and
VOL. VI. 46

362

1825.-

-Chap. 53.

When paid in.

Transfer of
stock.

Real estate.

Proviso.

Capital to be
e.xamiued and
return made by
commissioners.

Loeation of
bank and num-
ber of directors.

fifty thousand dollars, in gold or silver, to be, besides such part
as this Commonwealth may subscribe in manner herein after
mentioned, divided into shares of one hundred dollars each,
which shall be paid in at such times as the stockholders may
direct ; fifty per centum, however, to be paid in on or before
the first day of January next, and the residue within one year
from the passing of this act ; and no dividend shall be declared
on the capital stock of said bank, until the whole of said stock
shall have been paid in, conformably to the provisions of this
act ; and the stockholders at their first meeting shall, by a majority
of votes, determine the mode of transferring and disposing of
said stock, and the profits thereof, which, being entered in the
books of said corporation, shall be binding on the stockholders,
their successors and assigns, until they shall otherwise deter-
mine. And the said corporation are hereby made capable in
law, to have, hold, purchase, receive, possess, enjoy and retain
to them, their successors and assigns, lands, tenements, and here-
ditaments, to the amount of twenty thousand dollars and no
more, at any one time ; with power to bargain, sell, dispose and
convey the same, by deed, under the seal of said corporation,
and signed by the president, or two of the directors ; and to
loan and negotiate their monies and effects, by discounting on
banking principles, on such securities as they may think advisa-
ble : provided, hoicever, that nothing herein contained, shall re-
strain or prevent said corporation from taking and holding real
estate in mortgage, or on execution, to any amount, as security
for, or in payment of any debts due to the said corporation :
and provided further, that no monies shall be loaned, or dis-
counts made, nor shall any bills or promissory notes be issued
from said bank, until the capital stock subscribed and actually
paid in, and existing in gold and silver in the vaults, shall amount
to seventy-five thousand dollars, nor until said capital stock, ac-
tually in said vaults, shall have been inspected and examined by
three commissioners, to be appointed by the governor for that
purpose, whose duty it shall be, at the expense of the corpora-
tion, to examine the monies actually existing in said vaults, and
to ascertain by the oath of the directors of said bank, or a ma-
jority of them, that said capital stock hath been bona fide paid in
by the stockholders of said bank, and towards payment of their
respective shares, and not for any other purpose, and that it is
intended therein to remain as a part of said capital, and to re-
turn a certificate thereof to the governor ; and no stockholder
shall be allowed to borrow any money of said bank until he
shall have paid in his full proportion of the W'hole of said capital
stock, as herein before provided and required.

Sect. 3. Be it further enacted, That the said bank shall
be established and kept in Charlestown ; and the whole number
of directors shall be nine, and a majority of the board shall be
inhabitants of said town ; and no loan or discounts shall be made,
nor shall any bill or note be issued by the said corporation, or
by any person on their account, in any other place than at the
said bank.

1825. Chap. 53. 363

Sect. 4. Be it further enacted, That, whenever the Legis- J;"""^ '" ^''^

• 1111 I /~^ v^oiTinioii*

lature shall require it, said corporation shall loan to tlie L-om- wealth,
monwealth, any sum of money which shall be required, not ex-
ceeding ten per centum of the capital stock actually paid in, at
any one time, reimbursable by four annual instalments, or any
shorter time, at the election of the Commonwealth, with the an-
nual payment of interest, at a rate not exceeding five per centum
per annum : provided, hoivever, that the Commonwealth shall Proviso,
never stand indebted to said corporation, without their consent,
for a larger sum than twenty per centum of their capital then
paid in.

Sect. 5. Be it further enacted, That the persons herein First meeting,
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as they may see fit to
appoint, by advertising the same in any two of the newspapers
printed in Boston, for the purpose of making, ordaining and es-
tablishing such by-laws, and regulations, for the orderly conduct-
ing the affairs of said corporation, as the stockholders shall deem
necessary, and the choice of the first board of directors, and such
other officers, as they shall see fit to choose.

Sect. 6. Be it further enacted. That the Commonwealth ^"""^^^^J^^^j^^^
shall have a right, whenever the Legislature shall make provision I^YapUal stock.
therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding one half the capital stock actually paid in,
to be added to the capital stock of said corporation, subject to
such rules, regulations and provisions, as to the management
thereof, as shall be by the Legislature made and established.

Sect. 7. Be it further enacted. That whenever the Com- Legislature
monwealth shall subscribe to the capital stock of said corpora- 5^ctorT^°'°'
tion in manner herein before provided for, in addition to the di-
rectors by law to be chosen by the stockholders, the Legisla-
ture shall have the right, from time to time, to appoint a num-
ber of directors to said bank, in proportion as the sum paid from
the treasury of the Commonwealth shall be to the whole amount
of stock actually paid into said bank, if, at any time hereafter,
they shall see fit to exercise that right.

Sect. 8. Be it further enacted, That the cashier, before Cashier's bond.
he enters upon the duties of his office, shall give bond, with
sureties, to the satisfaction of the board of directors, in a sum
not less than twenty thousand dollars, with conditions for the
faithful discharge of his office.

Sect. 9. Be it further enacted, That the said corporation. Tax.
from and after the first day of October next, shall pay by way of
tax to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday of October and
April annually, the half of one per centum on the amount of
stock which shall have actually been paid in.

Sect. 10. Be it further enacted. That the said corpora- Bank liable to
tion shall be liable to pay any bona fide holder, the original amoum^of alter-
amount of any note of said bank, counterfeited or altered in the ed notes.

364

1825.

-Chap. 53—65.

Stereotype
plate.

This act how
void.

Stock not trans-
ferable for one
year.

Chap. 54.

Persons incor-
porated.

Powers and
privileges.

First meeting.

Chap. 55.

Persons incor-
porated.

Powers and
privileges.

1811 ch.84.

course of its circulation, to a larger amount, notwithstanding such
alteration, and shall also be holden to pay to any bona jide hold-
er the amount of any note of said bank counterfeited, unless all
the notes actually issued by said corporation shall be printed or
impressed with the stereotype plate ; and that said corporation
shall not, at any place whatever, directly or indirectly, purchase,
receive, pay or exchange any bill or note of said bank, or of any
other bank incorporated within this Commonwealth, for any less
sum than the nominal value expressed in such bill or note.

Sect. 11. Be it further enacted^ That in case this act shall
not be put into operation, according to the provisions thereof,
within one year from the time of passing the same, then it shall
become void.

Sect. 12. Be it further enacted^ That the capital stock of
said bank shall not be sold or transferred, but be holden by the
original subscribers thereof, for and during the term of one year
from the passing of thisact. [June 18, 1825.] Add acts, 1825
ch. 108 : 1830 ch. 58.

An Act to incorporate the First Presbyterian Church in 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,
That James Sabine, Aaron Morse, William Young, Nathaniel
Perry, Lawson Caryl, D. Moody, Thomas Edmands, and John
Green, Jr., with their associates and successors, be, and they
hereby are, incorporated by the name of the First Presbyterian
Church in the city of Boston, with power to make all necessary
by-laws, and to enjoy all the rights and privileges to which par-
ishes and other religious societies are entitled, by the constitu-
tion and laws of this Commonwealth ; and the aforesaid James
Sabine, Aaron Morse, and William Young, or any two of them,
are authorized to call the first meeting of said society, by giving
due notice thereof. [June 18, 1825.]

An Act to incorporate the President, Directors; and Company of the North Bank.

Sect. 1. BE it enacted by the Senate a7id House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Wilham Little, William B. Bradford, Ebenezer
Clough, Henry J. Oliver, Ezra Eaton, Theodore Dexter, Henry
D. Gray, Henry Orne, P. P. F. Degrand, their associates, suc-
cessors and assigns, shall be, and hereby are created a corpora-
tion, by the name of the President, Directors, and Company of
the North Bank, and shall so continue until the first JNIonday in
October, which will be in the year of our Lord one thousand
eight hundred and thirty-one ; and the said corporation shall al-
ways be subject to the rules, restrictions, limitations, taxes, and
provisions, and be entitled to the same rights, privileges, and im-
munities, which are contained in an act entitled "'an act to incor-
porate the president, directors, and company of the State Bank,"
except in so far as the same are modified or altered by this act,
as fully and effectually as if the several sections of said act were
herein specially recited and enacted : provided, however, that

1825. Chap. 55. 365

the amount of bills issued from said bank at any one time, shall Amount of bills
not exceed fifty per centum of the amount of the capital stock ac- '" c"-cuiation.
tually paid in.

Sect. 2. Be it further enacted., That the capital stock of Capital stock.
said corporation shall consist of the sum of five hundred thousand
dollars,* in gold or silver, to be, besides such part as this Com- [* increased
monvvealth may subscribe, in manner herein after mentioned, di- ^^^^ "^'i- ^'^l
vided into shares of one hundred dollars each, which shall be paid
in the manner following ; that is to say, one fourth part thereof on When paid in.
or before the first day of November next, and the residue in such
times, and in such proportions, as the directors hereafter to be
chosen shall determine : provided., that the whole amount shall
be paid within one year from the date of this act. And no stock-
holder shall be allowed to borrow any money at said bank, until
he shall have paid in his full proportion of the whole of the said
capital stock, as herein before provided ; and no dividend shall
be declared on the capital stock of said bank, until the same sum
of five hundred thousand dollars shall be paid in manner afore-
said. And the stockholders, shall, at their first meeting, by a Transferor
majority of votes, determine the mode of transferring and dis- ^^
posing of said stock and the profits thereof, which, being entered
in the books of said corporation, shall be binding on the stock-
holders, their successors and assigns, until they shall otherwise de-
termine ; and the said corporation are hereby made capable in law Real estate,
to have, hold, purchase, receive, possess, enjoy and retain to them,
their successors and assigns, lands, tenements and hereditaments,
to the amount of one hundred thousand dollars, and no more at
any one time, with the power to bargain, sell, dispose and convey
the same, by deed, under the seal of said corporation, and signed
by the president or two directors ; and to loan and negotiate their
monies and effects, by discounting on banking principles, on
such security as they may think advisable : provided, however., Proviso,
that nothing herein contained shall restrain or prevent said cor-
poration from taking and holding real estate in mortgage, or on ex-
ecution, to any amount as security for, or in payment of any debts
due to the said corporation : and provided., further., that no mon- p ■ i . u
ey shall be loaned, or discount made, nor shall any bills or prom- examined, and
issory notes be issued from said bank, until the capital subscribed '■eiummade by

, "' ,, ... , . . . , , 1 •! • , . , commissioners.

and actually paid in, and existing in gold and silver in their vaults
shall amount to two hundred and fifty thousand dollars, nor until
said capital stock actually in said vaults, shall have been inspected
and examined by three commissioners to be appointed by the
governor for that purpose, whose duty it shall be, at the expense
of said corporation, to examine the monies actually existing in
said vaults, and to ascertain, by the oath of the directors of said
bank, or the majority of them, that said capital stock hath been
bona fide paid in by the stockholders of said bank, and towards
payment of their respective shares, and not for any other pur-
pose ; and that it is intended therein to remain as a part of said
capital, and to return a certificate thereof to the governor.

366 1825. Chap. 55.

Location of Sect. 3. Be it further enacted, That the said bank shall be

^'^"^- established and kept in the north part of Boston, and at some

point north of Faneuil hall market, and of Union street, and no
loan or discount shall be made, nor shall any bill or note be
issued by the said corporal ion, or by any person on their account,
in any other place than at the bank aforesaid.
First meeting. Sect. 4. Be it further enacted, That the persons herein be-
fore named, or any three of ihem, are authorized to call a meeting
of the members and stockholders of said corporation, as soon as
may be, at such time and place, as they may see fit to appoint,
by advertising the same, in any two of the newspapers printed
in Boston, for the purpose of making, ordaining, and establish-
ing such by-laws and regulations, for the orderly conducting the
affairs of said corporation, as the stockholders shall deem ne-
cessary, and the choice of the first board of directors, and such
other officers as they shall see fit to choose.
Loans to the Sect. 5. Be it further enacted, That whenever the Legis-

Cominon- laiure shall require it, the said corporation shall loan to the Com-

monwealth any sum which may be required, not exceeding ten
per centum of the capital stock actually paid in at one time, re-
imbursable by five annual instalments, or any shorter time at the
election of the Commonwealth, with the annual payment of inter-
est at a rate not exceeding five per centum per annum : provided,
however, that the Commonwealth shall never stand indebted to said
corporation, without their consent, for a larger sum than twenty
per centum of their capital then paid in.
Commonwealth Sect. 6. Be it further enacted. That the Commonwealth
may subscribe shall have 3 right, whenever the Legislature shall make provision
s°ockf" therefor by a law to subscribe, on account of the Commonwealth,

a sum not exceeding fifty per centum of the capital stock, to be
added to the capital stock of said corporation, subject to such
rules, regulations and provisions, as to the management thereof,
as shall be by the Legislature made and established.
Legislature Sect. 7. Be it further enacted. That whenever the Corn-

may appoint monwealth shall subscribe to the capital stock of said corporation,
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a right, from time to time, to appoint a number of directors
to said bank, in proportion as the sum paid from the treasury of
the Commonwealth shall be to the whole amount of stock actu-
ally paid into said bank, if at any time hereafter they shall see fit
to exercise that right.
Cashier to Hve Sect. 8. Be it further enacted, That the cashier, before he
bonds. enters upon the duties of his ofiice, shall give bonds, with sure-

ties, to the satisfaction of the board of directors, in a sum not less
than fifty thousand dollars, with conditions for the faithful dis-
charge of his ofiice.
Tax. Sect, 9. Be it further enacted. That the said corporation,

from and after the first day of November next, shall pay, by way of
tax, to the treasury of this Commonwealth, for the use of the
same, within ten days after the first Monday in October, and

1825. Chap. 55— 5G. 367

April annually, the half of one percentutnon the amount of stock
which shall have actually been paid in.

Sect. 10. Be it further enacted, That the said corporation i>,;ink liable to
shall be liable to pay to any buna fide holder the orieinal amount I'-'y "•■''si"ai

n /••111 r • 1 1 I • I C ■l""Olllil of

ol any note ol said bank, counterieited or altered ni the course ol altered notes.

its circulation, to a larger amount, notwithstanding such alteration,

and shall also be liable to pay to any bona fide holder the amount

of any note counterfeited, unless all the notes actually issued by

said corporation shall be printed or impressed with the stereo- Stereotype

type plate ; and said corporation shall not, at any place whatev- '' ^'^'

er, directly or indirectly, purchase, receive, pay or exchange any

bill or note of said bank, or of any other bank incorporated

within this Commonwealth, for any less sum than the nominal

value expressed in such bill or note.

Sect. 11. Be it further enacted, That if the bank hereby This act, how
created be not put into operation within one year from the date of ^°'
this act, the same shall be void ; and no part of the capital stock of
said bank shall be sold or transferred, until the whole amount
thereof shall have been paid in. [June IS, 1825.] Add. acts,
1828 ch. 20 : 1830 ch. 58.

An Act to incorporate the Three Rivers Manufacturing Company. CflttV' 36»

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Levi Brigham, William S. Rogers, Samuel D. Persons incor-
Ward, Levi Merriam, Darius B. Holbrook, Thomas A. Dex- P°'^^^'^-
ter, Willard Phillips, Charles P. Dexter and Anthony Olney,
with their associates, successors and assigns, be, and they hereby
are made a corporation, by the name of the Three Rivers Man-
ufacturing Company, for the purpose of manufacturing cotton,
woollen and linen goods, iron and machinery, in the town of
Palmer, in the county of Hampden, and for this purpose shall
have all the powers and privileges, and be subject to all the duties Powers and
and requirements contained in an act passed on the third day of P"^' ^^^^'
March, in the year of our Lord one thousand eight hundred and
nine, entitled "an act defining the general powers and duties of tsoSch. 65.
manufacturing corporations," and the several acts in addition
thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may hold and possess such real estate, not exceeding in value the
sum of three hundred thousand dollars, and such personal estate,
not exceeding in value the sum of seven hundred thousand dol-
lars, as may be necessary and convenient for the purposes afore-
said.

Sect. 3, Be it further enacted. That any one of the per- First meeting,
sons named in this act be, and either of said persons is hereby
authorized to appoint the time and place for holding the first
meeting of said corporation, giving ten days notice thereof to the
others, either by personal notice or otherwise. [Jan. 21, 1826.]

368

1825.-

■Chap. 57 — 58.

Chap. 57.

Persons incor-
porated.

Powers and
privileges.

1808 ch. G3,

Real and per-
sonal estate.

First meetinaf.

An Act to incorporate the Shepherd Woollen Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same^ That James Shepherd and James M. Robbins, to-
gether with such other persons as may become associates with
them, their successors and assigns, be, and they hereby are made
a corporation, by the name of the Shepherd Woollen Manufac-
turing Company, for the purpose of manufacturing woollen cloths,
and all kinds of machinery necessary for conducting said manu-
facture of woollen cloths, in the town of Northampton, and for
this purpose shall have all the powers and privileges, and be sub-
ject to all the duties and requirements contained in an act passed
on the third day of March, in the year of our Lord one thousand
eight hundred and nine, entitled "an act defining the general
powers and duties of manufacturing corporations," and the several
acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation
may hold and possess such real estate, not exceeding in value the
sum of one hundred thousand dollars, and such personal estate,
not exceeding in value the sum of one hundred and fifty thousand
dollars, as may be necessary and convenient for carrying on the
manufacture of woollen cloths and machinery.

Sect. 3. Be it further enacted, That either of the persons
named in this act be, and either of said persons hereby is author-
ized to appoint the time and place for holding the first meeting of
said corporation, giving ten days notice thereof, either by per-
sonal notice or otherwise. [Jan. 21, 1826.]

Chap. 58.

Persons incor-
porated.

Powers and .
privileges.

1808 ch. Go.

Real and per-
sonal estate.

An Act to incorporate the Bridgewaler Cotton Gin Manufacturing Company.

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same. That Eleazer Carver, Jun., Solomon Washburn,
Seth Washburn, Abram Washburn, Artemas Hale, Abram
Washburn, the second, and Nathaniel Washburn, together with
such others as may associate with them, their successors and as-
signs, be, and they are hereby incorporated as a company, by the
name of the Bridgewater Cotton Gin INIanufacturing Company,
for the purpose of manufacturing cotton gins and other manufac-
turing purposes in the town of Bridgewater, in the county of
Plymouth, and for that purpose shall have all the powers and
privileges, and be subject to all the duties and requirements, pre-
scribed in an act entided "an act defining the general powers
and privileges of manufacturing corporations," passed the third
day of March, one thousand eight hundred and nine, and of the
several acts supplementary thereto.

Sect. 2. Be it further enacted, That said company may
be lawfully seized of such real estate, not exceeding forty thou-
sand dollars, and personal estate, not exceeding sixty thousand
dollars, as may be necessary and convenient for carrying on their
said manufacture.

Sect. 3. Be it further enacted, That Artemas Hale be,

1825. Chap. 58—60. 369

and he is hereby authorized to call the first meeting of said cor- First meeting,
poration for the purpose of organizing the same, by giving public
notice thereof in some newspaper published in the county of
Plymouth, three weeks successively, the last publication to be
thirty days at least before the time of such meeting, or by leaving
a written notification at the last and usual place of abode of each
member of said corporation, seven days at least previous to such
meeting, wiiich notifications shall state the object of the meeting.
[Jan. 26, 1826.]

An Act to change the name of Christopher Gillpatrick. CHcLp, 59.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Christopher Gillpatrick, of Boston, shall hereafter be known change of
and called by the name of Christopher Gill, and the same shall be "^'re-
considered as his only proper and legal name. [Jan. 26, 1826.]

An Act to incorporate the Boston Type and Stereotype Foundry. CHCLp. 60.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Timothy H. Carter, Charles C. Little, Wil- Persons incor-
liam Hilliard, with such other persons as already have, or may P°''^'ed.
hereafter associate with them, their successors and assigns, be,
and they are hereby constituted, for the purpose of establishing,
managing and carrying on, in the counties of Suffolk and Middle-
sex, the manufacture of printing types and stereotype plates in all
its various branches, and of all other articles used in printing or
engraving, a body politic and corporate, by the name of the Bos-
ton Type and Stereotype Foundry, and by that name may sue
and be sued, plead and be impleaded, defend and be defended,
in any court of record, or in any place whatsoever, and shall and
may do and suffer all matters, acts and things, which bodies poli-
tic ought to do and suffer ; and shall have power to make, have powers and
and use a common seal, and the same again at pleasure to break, privileges,
alter and renew. And the said company shall have all the powers
and privileges, and be subject to all the duties contained in an
act, entitled "an act defining the general powers and duties of isosch. 65.
manufacturing corporations," passed on the third day of March,
in the year of our Lord one thousand eight hundred and nine,
and any other acts additional thereto, which shall have been
passed from time to time.

Sect. 2. Be it further enacted. That the said corporation Real and per-
may purchase, take, hold and convey real and personal estate of *°"*
every kind, to such an amount as they may find necessary or
convenient in the management of their concerns : provided, the
same shall not exceed the sum of fifty thousand dollars in real
estate, nor one hundred thousand dollars in personal estate.

Sect. 3. Be it further enacted. That the said corporation Assessments,
be, and are hereby authorized to raise such sums of money, as
may, from time to time, be necessary for effecting the objects of
the said corporation, by equal assessments on the several shares
therein ; and the time when such assessments become due and

VOL. VI. 47

370

1825.-

■Chap. 60—61.

Treasurer to
sell shares of
delinquents.

Corporation
may have ac-
tion of debt.

First meeting.

Chap. 61,

Persons incor-
porated.

Powers and

privileges.

payable, shall be made known to each proprietor, by the clerk
of the said corporation, by written notice, left at his last and usual
place of abode, or by letter addressed to him by mail, or by pub-
lic notice as the corporation may direct. And the treasurer of
said corporation is hereby authorized to sell, at public auction,
the share or shares of any proprietor, who shall neglect to pay
the assessments laid thereon, within ten days after the same shall
become due and payable as aforesaid ; or so many of such shares
as shall become necessary for that purpose, giving notice of the
time and place of such sale, in one of the newspapers printed in
Boston, or in one in which the laws of this Commonwealth are
ordered to be printed, for the time being, thirty days at least be-
fore the time of such sale ; and a deed of such share or shares
duly executed and acknowledged by the treasurer, and recorded,
shall be a valid conveyance of such delinquent proprietor's share
or shares to the purchaser thereof; and the surplus money arising
from such sale, if any remain, (after paying the assessments due,
and interest thereon, from the time when the same became due,
as also all the charges and expenses of such sale) shall be paid
to such delinquent proprietor, or his assigns ; or the said corpora-
tion may recover the amount of such assessments and interest,
with costs, in an action of debt, in any court having jurisdiction
thereof, as they shall elect and determine.

Sect. 4. Bt it further enacted, That Timothy H. Carter,
or either of the aforementioned persons, is hereby authorized to
call the first meeting of the said corporation, by written notice,
to be left at the last and usual place of abode of each proprietor,
or by letter addressed by mail, or by public notice, at least seven
days previous to the said meeting ; at which first meeting the pro-
prietors present shall choose a clerk, who shall be sworn to the
faithful discharge of his duties. [Jan. 2G, 1826.]

An Act (o incorporate the Liberty Square Warehouse Company.

Skct. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That John Hubbard, Henry Hubbard, and William
F. Otis, and all such persons as may associate a\ ith them as pro-
prietors, their successors and assigns, shall be, and hereby are
constituted a body politic and corporate by the name of the Lib-
erty Square Warehouse Company, and by that name may sue
and be sued, defend and be defended, in any courts of record or
other place whatsoever, and shall and may do and suffer all mat-
ters, acts, and things, which bodies politic may do and suffer, and
may make, have, and use a common seal, and the same at pleas-
ure break, alter and renew, and ordain and put in execution such
by-laws, ordinances, and regulations as to them shall appear ne-
cessary and convenient, for the government of said corporation,
and for the prudent management of their affairs ; and for the breach
of such by-laws, ordinances, and regulations, may order fines and
penalties, not exceeding ten dollars for every breach : provided,

1825. Chap. 61. 371

that such by-laws, ordinances and regulations shall not be repug-
nant to the laws of this Commonwealth.

Sect. 2. Be it further enacted, That the said corporation Real estate,
be, and the same hereby is declared capable to hold, have, and
possess, in fee simple or otherwise, all or any part of that real
estate in the city of Boston, bounded north on Liberty Square,
west on Kilby street, south on Milk street, and east on Battery
March street : provided, the said corporation shall acquire the Proviso.
same by legal grant from the lawful proprietors thereof. And
said corporation shall have power to grant, sell and alien, in fee
simple or otherwise, the said corporate property or any part
thereof, and to lease, manage, and otherwise improve the same,
according to their will and pleasure, and by such forms of con-
veyance and contract as shall by their by-laws be provided.

Sect. 3. Be it further enacted, That said proprietors, at any Number and
legal meeting, may agree upon the number of shares into which '[ansfer of
said estate shall be divided, and agree upon the form of certifi-
cates to be given to the proprietors, which shares shall be deemed
and considered as personal estate, and shall be transferable by
assignment on the back of the certificate, recorded by the clerk
of the corporation, in a book to be kept for that purpose, and
shall be liable to attachments on mesne process and sale on exe-
cution in the manner and according to the form of the statutes
making provision for the attachment and sale of shares of debtors
in incorporated companies.

Sect. 4. Be it further enacted. That the real estate and Real estate may
other property of said corporation shall be liable to be attached ^^ attached on

I i •/ 1 /Y-iii • • mesne process.

on mesne process, and be set oft and sold on execution agamst
the corporation in the same manner as the property or estate of
individuals, is by law subject to mesne or final process.

Sect. 5. Be it further enacted, That said corporation shall have power, from time Assessments.
to time, to assess on the stockholders such sums of money, not exceeding in the whole
three hundred dollars on each share, for the purchase, improvement, and good manage- [This section
ment of their estate, and for erecting, repairing, or altering buildings, or for the inci- repealed 1826
denial expenses of the corporation, and to sell or dispose of the shares of any delinquent ch. 3.]
proprietor for the payment of such assessment, in such way and manner as said corpo-
ration may, by their by-laws and regulations, determine and agree upon.

Sect. 6. Be it further enacted, That in all meetings of the One vote may
stockholders in the said corporation, each member shall be enti- be given tor
tied to one vote for each share held by him.

Sect. 7. Be it further enacted. That either of the persons First Meeting.
named in the first section of this act may call the first meeting of
said corporation, by advertising in any newspaper printed in Bos-
ton, three times, the first not less than three days before the time
appointed for such meeting ; and the corporation, at their first
meeting, and afterwards annually, on such day as shall be estab-
lished by the by-laws, shall choose a president, clerk, and such
other directors or officers as they may see fit, which clerk shall
be under oath ; they may also agree upon the mode of calling fu-
ture meetings.

Sect. 8. Be it further enacted. That all covenants or con- Contracts bind-
tracts, which shall be made by said corporation, and all debts due >jjg on individu-
from it shall be binding on each one and all of those persons, in-

372 1 825. Chap. 6 1—63.

dividually, who shall be stockholders in said corporation, when
such contracts respectively are made ; and on their respective
heirs, executors and administrators, in the same manner as if such
covenants or contracts had been made on debts contracted by
such stockholder or stockholders, in his or their individual ca-
pacity.
Continuance of Sect. 9. Be it further enacted, That this act shall con-
^"^'' tinue in force twenty years from the passing thereof, after the

expiration of which time, the same may be repealed at the pleas-
ure of the Legislature: provided, that in case of such repeal, the
lands and tenements of said corporation shall be vested in the
share holders at the time of such repeal, and their heirs as tenants
in common, in proportion to their respective interest in the
premises. [Fc6. 3, 1826.] Add. act, 1826 ch. 5.

Chnn fi/* ■'^" ^^"^ '" establish the Poutoosac [Pontoosac\ Turnpike Corporation.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
Persons incor- That Jonathan Allen, Lemuel Pomeroy, Joseph Shearer, Jo-
porated. geph Merrick, Thomas Gold, James Fowler, Henry Stearns,

and Enos Foot, together with such others as have associated, or
may hereafter associate with ihem, their successors and assigns, be,
and they hereby are made a corporation, by the name of the Pou-
toosac [Pontoosac] Turnpike Corporation, for the purpose of ma-
king a turnpike road from the south east part of Pittsfield, in the
best course through parts of the towns of Hinsdale, Middlefield,
Washington and Chester, so as to cross the line between said
towns of Washington and Middlefield, at or near the Potter house,
so called, thence along the Mill brook, so called, to the place of
the conjunction of said brook with the Westfield river, thence
along said Westfield river, until it shall intersect the road leading
from Albany to Westfield, at a point near the tavern-house of
Powers and Col. Henley ; — and for this purpose shall have all the powers and
privileges. privileges, and be subject to all the duties, requirements and pen-

I804ch.l25. alties contained in an act entitled "an act defining the general
powers and duties of turnpike corporations," passed the sixteenth
day of March, in the year of our Lord one thousand eight hun-
dred and five, and the several acts in addition thereto. [Feb.
15, 1826.] Add. acts, 1828 ch. 35 : 1829 ch. 51.

/~^Ii CQ ■'^" ^^"^ ''"'^ ^^^ preservation and regulation of the Fishery in the town of Falmouth.

' * ' Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persbns not to the same. That from and after the first day of March next, it
take fish. g|-,g|] j^^^ |^g lawful for any person living without the jurisdiction

of this Commonwealth, to take any lobsters, tautog, bass, or
other fish, within the harbors, inlets, coves or waters of the
town of Falmouth, for the purpose of carrying them away from
said waters in smacks or vessels owned without the Common-
wealth, of any size, nor any owned within this Commonwealth
over fifteen tons, and any and every person offending against tlie

1 825. Chap. 63—65. 373

provisions of this act, shall forfeit and pay the sum of ten dollars Forfeitures.
for every offence, and also forfeit all the fish and lobsters so
taken, or the value thereof.

Sect. 2. Be it further enacted, That the waters and shores i-imiis assigned,
of said town of Falmouth, shall be considered and taken by this
act to extend from the shores of said Falmouth, including all
the waters, islands and rocks lying within one mile of the main
land.

Sect. 3. Be it further enacted, That all fines and forfei- Fines appropri-
tures which may be incurred for offences against this act, shall *'^'^*
be, one half to him or them who may first sue for the same, and
the other half to the use of the town to which the complainant
belongs, and the said fines and forfeitures may be recoverable
with legal costs of suit, by action of debt or information before
any justice of the peace for the county of Barnstable, and any
person or persons aggrieved by the sentence of the justice of
the peace, given in pursuance of this act, may appeal there-
from to the next court of common pleas, to be holden in the
county in which judgment may be rendered.

Sect. 4. Be it further enacted, That to prevent the de- Law extended
struction of oysters and all other shell fish, within the waters be- '° Falmouth,
longing to the said town of Falmouth, all the provisions, fines,
forfeitures, penalties, seizures, and appropriations prescribed and
contained in an act, passed in the year of our Lord, seventeen hun-
dred and ninety-six, entitled "an act to prevent the destruc- ^'^95 ch. 71.
tion of oysters and other shell fish in this Commonwealth," and
also the several acts in addition thereto, so far as they may be
applicable to the purposes of this act, be and they are hereby
extended to the said town of Falmouth. [Feb. 15, 1826.]

An Act in addition to an Act, entitled " An Act to incorporate the Duxbury Manufac- ChcLVm 64.
taring- Company."

BE it enacted by the Senate and House of Representatives, I812 ch. 90.
in General Court assembled, and by the authority of the same.
That the Duxbury Manufacturing Company be, and they here- May transact
by are authorized to hold real estate, and prosecute the busi- '^^'"ff ,j
ness for which they were incorporated, at Marshfield, in the
county of Plymouth, as well as at Duxbury, in said county :
provided, hoioever, that nothing in this act contained shall be so Proviso,
construed as to increase the capital stock of said company, be-
yond the amount limited by the act to which this is in addition.
[Feb. 15, 1826.]

An Act to incorporate the Proprietors of a Fund for the support of Public Worship, in ^-^, „ .,

the Fourth Congregational Precinct, in the town of Rochester, in the county of Ply- (^HCIV* DO.
mouth.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That George B. Nye, John B. Blankinship, Barna- Persons incor-
bas B. Nye, Stephen Delano, Stephen Hammond, John Cole- p*""^^
man, David Hathaway, John Clapp, Caleb Handy, Joseph
Handy, Alfred Kindrick, Seth Blankinship, Benjamin Delano,
Weston Allen, and Oliver Cobb, with such others as shall here-

374

1825.-

-Chap. 65 — 66.

Power lo in-
crease fund.

Annual meet*
ing.

Rules and regu-
lations.

First meelins:.

Chap. QQ.

Persons incor-
porated.

Powers.

Real and per-
sonal estate.

after join with them, be, and they hereby are, made a body cor-
porate and poHtic, by the name of the Proprietors of the Fund
for supporting Pubhc Worship in the Fourth Congregational Pre-
cinct, in the town of Rochester, in the county of Plymouth,
and by that name may sue and be sued, and have power to in-
crease their fund, in real or personal estate : provided^ that the
annual income thereof shall not exceed six hundred dollars clear
of expense ; the annual income to be expended in the support of
public worship in said precinct.

8ect. 2. Be it further enacted^ That the said corporation
shall, annually, in the month of March or April, have a meeting
and choose a clerk who shall be under oath for the faithful dis-
charge of the trust, and a treasurer, who shall give bond, with
surety, for the faithful performance of his duty ; and also a com-
mittee to manage the prudential affairs of the corporation, and
whose duty it shall be to warn subsequent meetings of said cor-
poration ; and if the committee shall unreasonably neglect to
call a meeting, any justice of the peace for said county, on the
request of three or more of the members of said corporation, in
writing, is authorized to warn a meeting of said corporation ;
and no subject shall be acted on in any meeting unless there
shall be an article for that purpose in the warrant calling such
meeting.

Sect. 3. Be it further enacted^ That said corporation, at
a meeting for that purpose, may establish such rules and regu-
lations, as they may think proper : provided^ they are not in-
consistent with the laws of this Commonwealth. And the mode
of warning the first meeting of said corporation shall be the
posting up a copy of the warrant, within the projection of the
congregational meeting-house in said precinct, ten days before
the time of said meeting. And Abraham Holmes, Esq. is
hereby authorized and required to warn the first meeting of said
corporation. \_Feh. 15, 1826.]

An Act to establish the Essex Marine Railway Corporation.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Moses Townsend, Richard S. Rogers, William
Fettyplace, Robert Brookhouse and Horatio Perry, all of Sa-
lem, in the county of Essex, and such other persons as have
associated and may hereafter associate themselves with them, be,
and they hereby are made a body politic and corporate, by the
name of the Essex Marine Railway Corporation, for the purpose
of making and supporting a marine railway in the town of Salem ;
and by that name, they and their successors may sue and be sued,
and generally do and execute whatever by law shall appertain to
bodies politic and corporate, and shall be capable in law to take
and hold, in fee simple, or otherwise, any lands, tenements and
hereditaments, not exceeding in the whole the value often thou-
sand dollars, and shall also be capable in law to take and hold
personal estate, not exceeding in the whole the sum of ten thou-

1825. Chap. 66—67. 375

sand dollars ; and shall also have power to sell, demise, exchange
and otherwise dispose of or manage, all or any part of their lands,
tenements, hereditaments, and personal estate aforesaid, for the
benefit of said corporation, and shall also have a common seal,
which they may break, alter and renew at their pleasure ; and
shall also have power to make by-laws, with suitable penalties,
and not repugnant to laws of this Commonwealth.

Sect. 2. Be it further enacted, That the whole property
of said corporation shall be divided into shares, not exceeding
one hundred and fifty. And said shares shall be considered, in Shares.
all respects, as personal estate ; and the said corporation shall
have power, from time to time, to assess upon each of said
shares, such sums of money as may be deemed necessary for the
purposes of said corporation ; and for the payment of any such Assessments,
assessment, the said corporation shall have power, after notice
given, pursuant to their by-laws in that behalf, to sell and dispose
of the shares of delinquent proprietors, at such time and manner Saieofdeim-
as the said corporation may determine, and in case ot any sale ot tor's shares,
such , shares aforesaid, a deed or deeds duly executed, and ac-
knowledged by the president of said corporation, or by any per-
son audiorized by said corporation, and recorded in their records,
shall be as effectual to convey such delinquent proprietor's estate,
and interest in such shares, as if such deed had been made and
executed by such proprietor himself.

Sect. 3. Be it further enacted, That the first meeting of First meeiing.
said corporation shall be called, either by personal notice to each
of the proprietors, or by advertisement in any of the public news-
papers printed in Salem aforesaid ; such notice, or advertisement,
to be at least seven days before the day of such meeting ; and at
the said first meeting, or any other legal meeting, the said corpo-
ration may agree on the mode of calling and warning their annual
and other meetings, and may elect a president, and such other
officers as they may judge proper for the orderly conducting of
their affairs, and the management of their property, and may
change or remove such officers at pleasure, and at all meetings,
each proprietor present shall be entitled to one vote for each Right of voting.
share: provided, that no stockholder shall be allowed more than
ten votes, and any absent proprietor shall be entitled to vote in
like manner by proxy authorized in writing.

Sect. 4. Be it further enacted. That the several persons
herein before named, or any two of them, be, and they hereby
are authorized to call the said first meeting in manner aforesaid.
[Feb. 15, 1826.]

An Act to incorporate certain persons by the name of the Society for the Promotion QJiap, 67.
of Theological Education at Cambridge.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Benjamin Pickman, Esq., Charles Jackson, Esq., ^^^^'^I^^'J ''"^°'-
Daniel A. White,' Esq., the Rev. Joseph Tuckerman, Rev. ^°'^^ "
Charles Lowell, Richard Sullivan, Esq., Stephen Higginson,
Jun., Esq., Rev. James Walker, Rev. Henry Ware and Sam-

376

1825.

•Chap. 67.

Real and per-
sonal estate.

Animal meet-
ing.

Election of offi-
cers.

Trustees.

Board of direc-
tors.

Board for ap-
propriation of
monies.

Rules and by-
laws.

uel A. Elliot, Esq., and their associates, (heretofore known and
acting as a voluntary association under the name of the society
for the promotion of theological education in Harvard Universi-
ty,) with their successors, be, and they hereby are incorporated
and made a body politic forever, for the purpose of establishing
and maintaining a theological institution, to assist young men of
competent talents, pure morals, and piety, in preparing themselves
for the christian ministry, by the name of the Society for the
Promotion of Theological Education at Cambridge, with power
to hold lands and other property, for the purposes of the institu-
tion, and the same to purchase or take by donation or bequest :
provided, however, that the same shall never exceed the annual
income of twenty thousand dollars ; and they may have a com-
mon seal, and the same may break and change at pleasure.

Sect. 2. Be it further enacted, That there shall be an an-
nual meeting of the society, for the choice of officers, and the
transaction of such other business as may regularly come before
them, on the day before the commencement at Harvard Univer-
sity, to be holden at such place in Boston or Cambridge, as the
directors herein after mentioned shall appoint, of which public no-
tice shall be given at least fifteen days before the time of such
meeting, and at the said meeting shall be chosen, by ballot, by
the majority of the members present, a president, secretary and
treasurer, who shall hold their offices for one year, and until oth-
ers are chosen in their stead. And in case of the death or resig-
nation of either of said officers, the vacancy may be filled in
manner aforesaid, at any legal meeting of the society. The
secretary shall be under oath, and the treasurer shall give bond,
with sufficient surety, faithfully to discharge the duties of their
respective offices.

Sect. 3. Be it further enacted, That there shall be chosen
by the society, five persons, to be denominated trustees. And
all vacancies that may thereafter occur among them, shall be filled
by the remaining members of the board of directors ; the presi-
dent, secretary and treasurer, with the trustees, shall constitute
a board of directors, and whenever a vacancy shall happen among
the three first mentioned officers of the board, the other mem-
bers shall exercise all the power of the full board. And the said
directors shall have such powers as the society shall, from time
to time, provide by its rules, regulations and by-laws.

Sf.ct. 4. Be it further enacted. That the trustees shall,
with the president and fellows of Harvard college, constitute one
board, of which seven shall make a quorum, for the purpose of
appropriating all monies that have been given by members of the
said voluntary association, and which have been paid over by
such donors to the treasurer of Harvard college. And the pres-
ident of Harvard college shall preside at all public meetings, for
the examination of the students of the institution.

Sect. 5. Be it further enacted. That said society be, and
they hereby are, authorized and empowered, to make and or-
dain all needful rules, regulations and by-laws, for the govern-

1825 Chap. 67.-68. 377

ment of their own proceedings, for the adnriission of new mem-
bers, for defining the powers and duties of their own officers,
and generally for the care and management of all the affairs of
the institution — the doings of said society to be submitted to the
corporation of Harvard College, for their approbation in all cases
wherein by the constitution of the university, such assent or ap-
probation may be requisite : provided., however., that nothing in
said rules, regulations and by-laws, shall be repugnant to the con-
stitution and laws of this Commonwealth : and provided, also. Proviso,
that no assent to the peculiarities of any denomination of chris-
tians be required, either of the instructors or students in said in-
stitution, and that no discouragement be in any manner or form
given therein to the serious, impartial, and unbiassed investiga-
tion of christian truth.

Sect. 6. Be it further enacted. That it shall be the duty Statement to be
of the directors to lay before the president and fellows of Har- cofpoSnof
vard College, at least once in every year, a statement of their Harvard Col-
proceedings, the condition of the funds, and the claims of such ^^®'
students as may need pecuniary aid.

Sect. 7. Be it further enacted, That this act shall be in When this act
force when the president and fellows of Harvard College shall ^iia" be in force
assent thereto. And it shall be lawful for the present officers of
the voluntary association mentioned in section first, to exer-
cise the powers given to the like officers in this act, until such
assent, and until the then next annual meeting of the society
herein provided for. [Feb. 15, 1826.]

An Act to incorporate the Boston Marine Kailway Company. ^j zjq

Sect. 1. BE it enacted by the Senate and House of Repre- -» '

sentatives, in General Court assembled, and by the authority of
the same, That Israel Thorndike, Caleb Loring, Nathaniel God- Persons incor-
dard, and Charles Tracy, and others, their associates, be, and porated.
they hereby are, constituted a body politic and corporate by the
name of the Boston Marine Railway Company, for the purpose
of erecting railways in the city of Boston, for the repairing of
ships and vessels, and of repairing the same thereupon, and the
doing and transacting of all matters and things whatsoever, relat-
ing to the building and repairing vessels upon such railways ; and
the said corporation, by the same name, are hereby declared
and made capable in law, to sue and be sued, to plead and be
impleaded, to have a common seal, and the same to alter and
renew, at pleasure; to choose and appoint a treasurer, clerk. Powers and pri-
and such otiier officers, and to make such rules and by-laws, not ^'^&^*-
inconsistent with the laws of the Commonwealth, as shall be
judged necessary or expedient by the said corporation, for the
management of the property, estate, income, and affairs thereof,
and generally to do and execute whatever by law shall appertain
to bodies corporate.

Sect. 2. Be it further enacted. That the said corporation Real and per-
be, and it hereby is, declared capable to have, hold, and possess sonai estate.
real estate, not exceeding in value fifty thousand dollars, and a
VOL. VI. 48

378 1825. Chap. 68—69.

further capital stock of thirty thousand dollars, with liberty to in-
crease the same to any amount, not exceeding in all one hundred
thousand dollars.
Shares. Sect. 3. Be it further enacted, That the said corporate

property shall be divided into shares, and numbered in progres-
sive order, beginning at number one, and certificates shall be
signed by the treasurer of the corporation, and issued to the pro-
Transfer of prietors accordingly ; and the shares aforesaid shall be transfera-
shares. big jjy endorsement on the back of the said certificates, and the

property in said shares shall be vested in the assignee or vendee
thereof, when a record shall be made thereof by the clerk of the
corporation, and new certificates shall be issued accordingly ;
and in all meetings of the members of the said corporation, for
the transaction of business, each proprietor shall be entitled to
Right of voting, one vote for every share held by him : provided, always, that no
one member shall ever be entitled to more votes than shall be
equal to one fifth part in value of the corporate property ; and
members shall have the right to appear and act at any meeting
by proxy in writing.
Assessments. Sect. 4. Be it further enacted, That the said corporation

may, from time to time, at any legal meeting called for that pur-
pose, assess upon each share such sum or sums of money as shall
be judged necessary for raising a capital for the completion and
efl'ecting of the objects of this incorporation, and carrying on of
the business thereof, and for defraying the charges and expenses
incident thereto, to be paid to the treasurer, at such time or
times, and by such instalments, as shall be directed by the said
corporation ; and if the proprietor of any share shall refuse or
neglect to pay any tax or assessment duly voted by the said cor-
poration, for the term of thirty days after the time set for the
Treasurer may payment thereof, the treasurer is hereby authorized to sell at pub-
seii shares of jjc vendue the share or shares of such delinquent proprietor, suf-
einquents. flcient to pay all taxes and assessments which may be then due
from such proprietor, with all necessary and incidental charges,
after having given notice in some public newspaper in the city of
Boston, of the time and place of sale, at least ten days before the
same, and such sale shall be a legal transfer of the share or shares
so sold to the purchaser, who shall be entitled to and receive a
certificate or certificates of the share or shares by him so pur-
chased accordingly.
First meeting. Sect. 5. Be it further enacted, That any two of the per-
sons named in this act may call the first meeting of said corpora-
tion, by advertising the same in one or more of the newspapers
printed in Boston, seven days at least before the time of meeting.
[Feb. 15, 1826.]

/~*/i/T*i f\Q An Act empowering Ezekiel Hale to open a Canal from Hale's Mills to Little Riv-
U/tajW. DC7, g^ Bridge, in Haverhill.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
E. Hale author- f/j,e same, That the said Ezekiel Hale, his heirs and assigns,
thef channel oT' ovvncrs of his Said mills, be, and they are hereby authorized and

1825. Chap. 69. 379

empowered, within the term of four years from the passing of Liitie river, and
this act, to open and clear out the channel of the said little river, °P^"* •=*"*'•
from his said mills, ahout half a mile, to Litde river bridge, and
to open and cut a navigable canal across the necks of land formed
by the bends in said river, to make them sufficiently wide and
deep, at common high tides, for timber rafts and loaded gondolas
to float freely therein, and also to build and construct a conven-
ient tow-path on the easterly side of said river and canal, four
feet wide at the top, for the same distance, for the purpose of
towing boats and rafts up and down the said river and canal, and
the same, hereafter, at all times, to repair and maintain, use, oc-
cupy and enjoy, paying therefor in manner herein after prescribed :
provided, that all damages shall be ascertained and paid to all per- Proviso,
sons interested, before said work shall be commenced.

Sect. 2. Be it further enacted, That Hobart Clark, of An- Commissioners
dover, John Varnum, of Haverhill, and Jesse Kimball, Jun., of ^^p°'" '^
Bradford, Esquires, shall be commissioners to mete out and de-
scribe in writing, under their hands, the location of said canal and
tow-path, and what culverts or sluices under said tow-path, and
other erections, sliall be made to secure the interests of the own-
ers of land adjoining ; first giving due notice to all persons whose
rights may be affected thereby.

Sect. 3. Be it further enacted, That when the said Eze- Justices of C.C.
kiel Hale, his heirs and assigns, and the proprietors of any land P-'^appomt

' 11 -I ° 1 11- r • J appraisers of

or water ariected by said canal, tow-path, or cJearmg out oi said damages,
river, cannot agree upon the datnages which may be occasioned
thereby, the justices of the court of common pleas in said county
of Essex, are hereby authorized and empowered, upon applica-
tion of either party, after due notice given, to appoint three dis-
interested freeholders, in said county of Essex, whose appraise-
ment of said damages, upon oath, being returned into said court,
and by them accepted, shall be final between the parties : pro-
vided, nevertheless, thai if either party shall be dissatisfied with the Either party
appraisement of said freeholders, and shall, at the same term of "|^t^^,j^ry_* '"'
said court at which said report shall be made, or at the next term
of said court, apply to said court for a trial by jury, alleging the
deficiency or excess, as the case may be, of said damages, the
said court shall have power to determine the same by a jury at
the bar of said court ; and if the verdict of said jury shall not give
to the party applying a more favorable decision, the court shall
award costs against the party applying ; but if the verdict of said
jury shall be more favorable to the party applying, the court shall
award costs in his favor ; and in both cases, the judgment shall
be made up agreeable to said report or verdict, so far as it re-
spects the damages, with or without a deduction of the costs, as
the case may require, and issue execution accordingly.

Sect. 4. Be it further enacted, That the said river, canal. River and canal
and tow-path shall always be free for all persons to use the same, 'o^efree.
at pleasure, for the purposes aforesaid. [Feb. 15, 1826.] Add.
act, 1829 ch. 97.

380 1825. Chap. 70—72.

Chcin. 70. ^^ ^^"^ '" ^fldition to an Act establishing the Barre Turnpike Corporation.

1821 ch. 45. Sect. 1. BE it enacted by the Senate and House of Repre-

1823 ch. 54. sentatives, in General Court assembled^ and by the authority of
Authorized to the same, That the said Barre Turnpike Corporation, from and
fake^^lnoils"'' ^^^^^ ^^^^ passing of this act, shall, and hereby are authorized to

demand and receive, at their toll gate on said turnpike road, the
one half of the usual toll at one full gate, and no more.

Sect. 2. Be it further enacted, That said corporation be,
and are hereby authorized to erect one other half toll gate on said
turnpike road, any where from the westerly side of the bridge, by
Isaac Tucker's dwelling-house, in said Barre, and a town road
crossing said turnpike road, and leading by the dwelling-house of
John Partridge, in said Barre, with the right to demand and receive
the one half of the usual sum established by law, at one full gate,
and no more. [Feb. 15, 182G.]

ChCLTOt 71. An Act in addition to an Act entitled "An Act for incorporating certain persons for
-» * the purpose of building a bridge over Connecticut River, in the county of Hampshire,

lRn9 li OQ between the towns of Northampton and Hadley, and for supporting the same."

(v. 3. p. 132.) BE it enacted by the Senate and House of Representatives,

1824 ch. 29. j*^ General Court assembled, and by the authority of the same.

That the Proprietors of the Northampton Bridge be, and they are
hereby authorized and empowered to erect a bridge over Connec-
ticut river, not less than tu-enty-six feet in width, any thing in the
act to which this is in addition, to the contrary notwithstanding.
[Feb. 15, 1826.]

ChCLT) 72 •^" ^^'^ '° incorporate the Female Classical Seminary.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
Persons incor- of the Same, That there be, and hereby is established, in the
porated. gj.gj paj-jgh of Brookfield, in the county of Worcester, an institu-

tion, ito be denominated the Female Classical Seminary, and that
Eliak m Phelps, Micah Stone, Thomas Bond, Elisha Hammond,
Jesse Bliss, Silas Henry, Henry Nolen, and Allen Newell, be,
and they hereby are established a body corporate, as trustees of
said seminary ; and they and their successors shall continue a cor-
Powers. poration, by that name, forever ; and shall have power to use a

common seal, to make contracts, to sue and be sued, to hold and
improve, for the purposes of said corporation, all estates, real,
personal or mixed, which may at any time be appropriated to the
Estate. objects of said institution : provided, the annual income of such

property shall not exceed the sum of ten thousand dollars, and
that they may prosecute and defend to final judgment and execu-
tion, all actions, real, personal or mixed, by the name of the Fe-
male Classical Seminary ; and may appoint an agent, or agents,
to prosecute or defend such actions.
Trustees may Sect. 2. Be it further enacted, That the trustees may, within
elect a board of one year after the passing of this act, elect, by ballot, a board of
visitors. visitors, not to exceed nine in number, whose duty it shall be to

attend at the quarterly examinations of said seminary, and to do
and perform all such other duties as shall devolve on them.
Sect. 3. Be it further enacted, That said trustees may elect

1825. Chap. 72—73. 381

a president, vice-president, secretary, and treasurer, with such Election of offi-
other officers as tiiey may think proper. The secretary to be un- '^"^'
deroath, and the treasurer to give bonds, with sufficient surety or
sureties, for the faithful discharge of their respective duties ; and
said trustees, and also said board of visitors may, from time to
time, enact such by-laws, rules, and regulations for their respec-
tive bodies, as they may think proper : provided, that the same
be not inconsistent with the laws of this Commonwealth.

Sect. 4. Be it further enacted, That said trustees may, Appoimment of
with the concurrence and consent of said board of visitors, elect teachers.
such teachers, and make such appropriations of money, or other
property as the interest of the seminary may require.

Sect. 5. Be it further enacted, That whenever any va- Vacancies, how
cancy or vacancies occur in the said board of trustees, or in the '^"^''•
board of visitors, by death, resignation, or otherwise, such va-
cancies shall be filled by ballot, and each board shall fill its own
vacancies ; and whenever any member of either board, shall, by
age, infirmity, or otherwise, become, in the judgment of a major-
ity of both boards, an improper member of such board, such
board may declare the seat of such member vacant, and may
forthwith proceed to fill such vacancy in the manner before
provided.

Sect. 6. Be it further enacted, That the principal instruc- Board of trus-
tor of said seminary shall, ex officio, be a member of the board ^^^^'
of trustees, which board shall, at no time, consist of more than
nine members, five of whom shall always be necessary to consti-
tute a quorum for the transaction of business.

Sect. 7. Be it further enacted. That Eliakim Phelps be, First meeting.
and he is hereby authorized, to appoint the time and place of
holding the first meeting, of both boards before named, by giving
personal or written notice seven days at least before the said
meeting. [Feb. 15, 1826.]

An Act further to provide for the payment of costs in Criminal Prosecutions. C^IHlTt 73

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That the provisions of the act, entitled "an act in I824ch. 117.
addition to an act further to provide for the payment of costs in
criminal prosecutions," passed the twenty-fifth day of February,
in the year of our Lord one thousand eight hundred and twenty-
five, be, and the same hereby are extended to the county of Payment of
Suffolk, and the justices of the police court within and for the cases!" "^"^""'"^
city of Boston, as effectually as if said county and said justices
had been named therein — excepting the provision for the exami-
nation and allowance by the court of common pleas, of the costs
therein named.

Sect. 2. Be it further enacted, That the costs that here- Costs, how cer-
tofore have arisen since the passage of the act aforesaid, or may
hereafter arise, in the county of Suffolk, provided for by this act,
shall be certified to the board of accounts for said city and coun-
ty, and said board of accounts shall adjust, liquidate, examine,

382

1825.-

-Chap. 73—75.

Proviso.

1824 ch. 117.

Chap. 74.

1824 ch. 76.

Taking fish be-
low Nemasket
river prohibited.

Chap. lb.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

First meeting.

allow and certify the same, as is their duty in relation to other
costs in criminal prosecutions. Provided^ however^ that no costs
arising on any prosecution for a violation of any by-laws of the
city of Boston, or any town in this Commonwealth, shall here-
after be allowed or paid under the provisions of this act, or an
act passed on the twenty-fifth day of February, in the year of
our Lord one thousand eight hundred and tv/enty-five, to which
this is in addition, entitled "an act in addition to an act further
to provide for the payment of costs in criminal prosecutions."
{Feb. 15, 1826.]

An Act in addition to an Act, entitled " An Act regulating the taking of Fish in the
town of Bridgewater, in the county of Plymouth.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That from and after the passing of this act, it shall not be lawful
for the town of Bridgewater, or the inhabitants thereof, to catch
the fish called shad and alewives in Titicut river, so called,
which forms the boundary line between the said town of Bridge-
water and the town of Middleborough, below the point where
Nemasket river empties into the said Titicut river, or within
twenty rods above that point ; any thing in the act to which this
is in addition to the contrary notwithstanding. [Feb. 15, 1826.]

An Act to incorporate the Springfield Card Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Joseph Carew, Walter H. Bowdoin, Israel
Phillips, Jun., and William Bowdoin, Jun., with such others as
have already associated, or may hereafter associate with them,
their successors and assigns, be, and they hereby are made a
corporation, by the name of the Springfield Card jNIanufacturing
Company, for the purpose of making and vending, in the town of
Springfield, and county of Hampden, various descriptions of
machine and other cartls, and the machinery for making the same ;
and for that purpose shall have all the powers and privileges, and
be liable to all the duties and requirements, contained in an act,
entitled "an act defining the general powers and duties of manu-
facturing corporations," passed the third day of March, in the
year of our Lord one thousand eight hundred and nine, and the
several acts in addition thereto.

Sect. 2. Be it further enacted. That said corporation may
be lawfully seized and possessed of such real estate, not exceed-
ing in value thirty thousand dollars, and such personal estate, not
exceeding in value fifty thousand dollars, as may be convenient
for carrying on the manufactures and business aforesaid.

Sect. 3. Be it further enacted, That any one or more of
the persons above named, may call the fiist meeting of the mem-
bers of said corporation, at such time and place as they may see
fit to appoint, by advertising the same, three weeks successively,
in any newspaper printed in Springfield, in the comity of Hamp-
den, for the purpose of choosing officers, and making by-laws,
for regulating the concerns of said corporation. [Feb, 15, 1 826.]

1825. Chap. 76—77. 383

An Act to (liscontinue a part of tlie location of tlie Worcester Turnpike Road. C^hflf) 7fi

BE it enacted by the Senate and House of Representatives^ in jgQ.r, ^j ^7
General Court assembled, and by the authority of the same, liioydi! 15—71.
That from and after the passage of this act, so much of the loca- Location in part
tion of the Worcester turnpike as was over the old road, or """""ed.
ancient highway, in the town of Roxbury, be discontinued and
annulled ; and that the easterly end of said turnpike shall hereafter
be at the arch, in Brookline, where said turnpike road leaves the
ancient highway : provided, that the said turnpike corporation Proviso.
pay to the said town of Roxbury the sum of two hundred and
fifty dollars, on or before the first day of May next. [Feb. 15,
1826.]

An Act to incorporate a number of tiie inhabitants of the town of Salem, in the county r^hnTt HH
of Essex, into a society, by the name of the Second Baptist Society in Salem. i' *

Sect. 1. BEi it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Robert Upton, Michael Webb, Jun., Thomas Persons incor-
Perkins Pingree, Nathan Putnam, Thomas Doyle, William P°'^'®''-
Stickney, Thomas Gwinn, Samuel Simonds, Peter Ames,
Ebenezer Perkins, Abraham Kimball, Winthrop Sargent, Ste-
phen Fogg, Samuel Webb, Jun., with such other persons as
shall associate, and become interested with them, in manner
herein after mentioned, be, and they hereby are incorporated and
made a body politic, by the name of the Second Baptist Society
in Salem.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may purchase and hold the lot of land in Salem aforesaid, where- s°"^'^^'3'e-
on they have lately built a meeting-house, and such other estate,
real and personal, as the corporation shall determine to own :
provided, that the annual income of the whole estate of the cor- Proviso.
poration, besides the meeting-house and land under it, shall not
exceed three thousand dollars. And the said corporation may
sue and be sued, by its corporate name, may make and use a
common seal, and break or alter it at pleasure, may make any
by-laws for the governm.ent thereof, and for the management of
the corporate property, that a major part of the members present
(calculating according to their respective interests) shall think for
the best : provided, the same are not contrary to the constitution Powers and
and laws of this Commonwealth ; and is invested with all the Privileges,
powers, privileges and immunities, to which other religious soci-
eties in this Commonwealth are entitled by law.

Sect. 3. Be it further enacted. That the property of the Property of
several members of the said corporation, for the time being, shall ]Jleetiirg--h'ouse.
be calculated according to their respective rights and interests in
the pews of the meeting-house, lately built, as aforesaid, at the
valuation thereof which hath been made ; and all persons who
shall become proprietors, or interested in said pews, shall be
deemed to have associated with, and shall become members of
this corporation, according to their respective interests in such
pews.

Sect. 4. Be it further enacted, That the said corporation

384

1825.-

-Chap. 77.

Assessments.

Treasurer au-
thorized to sell
pews of delin-
quents.

First Meeting.

Deeds of pews.

Annual meet-
ing.

Special meet-
ings.

are hereby authorized to raise, by an assessment on the pews in
the said meeting-house, such sum and sums of money, for the
settlement and maintenance of a minister or ministers, for the
purchase of said lot of land, for the building up and repairing the
meeting-house, and for defraying the other expenses of public
worship, with incidental charges, as the members of the same
shall agree on, at any legal meeting, to be called for that purpose,
according to the said valuations ; and the sums so assessed shall
be paid by the respective proprietors of such pews ; and if any
proprietor of such pew shall neglect to pay any assessment, which
shall be legally made thereon, as aforesaid, for one year after the
same shall have been made, the treasurer of said corporation, for
the time being, shall be authorized and empowered to sell and
convey all the estate, share and interest of such delinquent pro-
prietor, in the said corporation, at public auction, first giving no-
tice thereof, fourteen days at least previous to the sale, at two of
the doors of said meeting-house ; and upon such sale to execute
a good and sufficient deed or deeds thereof to the purchasers ;
and after deducting the amount of such delinquent's assessment,
together with legal interest thereon, from the time the sale was
made, and all incidental costs and charges, the said treasurer shall
pay the surplus, if any there be, to such delinquent proprietor.

Sect. 5. Be it further enacted. That Robert Upton, Sam-
uel Webb, Jun., and Michael Webb, Jun., be, and hereby are
authorized to call the first meeting of the members of this corpo-
ration, by publishing a notice on the doors of the meeting-house,
requiring them to meet, at such time and place as shall be therein
set forth, to choose a moderator and a clerk, (who shall be duly
sworn,) a treasurer and a committee, and such other officers as
they shall judge necessary ; and the moderator of that, and all
future nieetings, shall have power to administer the oath of office
to the clerk, and the committee appointed at that, or any other
meeting of said proprietors, legally called for that purpose, shall
have power and authority to assess and apportion, on the pews
in said meeting-house, all such sum and sums of money, as the
members of said corporation shall lawfully agree to raise ; and
shall also be authorized to execute and deliver, in the name and
behalf of said corporation, deeds of the pews in said meeting-
house.

Sect. G. Be it further enacted., That the annual meeting of
this corporation shall be holden on the first Monday in January,
of every year ; which meeting shall be called by order of the
committee, requiring the proprietors' clerk to publish a notice of
the same, on the doors of the meeting-house, the day previous
thereto. And upon the petition of any ten members of this cor-
poration, to the committee, that a special meeting be called, of
the members, it shall be their duty to issue their warrant to the
proprietors' clerk, requiring him to call said meeting, giving at
least seven days notice, on the doors of said meeting-house, and
directing the time and place where such meeting shall be held.
[Feb. 15, 1826.]

1825. Chap. 78—79. 385

An Act to regulate the Passage Ways for Fish in Ipswich river, within the town of (^hf/jj "TP
Ipswich. ^ * '

Sect. 1 . BE it enacted by the Senate and House of Repre- (v. i. p. m.)
sentatives, in General Court assembled, and by the authority ^Z P''^| '^''" fo^o >
the same, That instead of tlie passage ways now required by law 1805X29.
to be kept open at Warner's mill dam, and the dam at Farley's
mill, in Ipswich, the owners of said dams, their successors and
assigns, shall make and continue in good repair a fish way over
said dams, at the northerly end of the same, of the following de-
scription and dimensions : — said fish ways to be made either with Description and
wood or stone, beginning at the top of the dams, five feet in fis™ ways"^ °^
width and one foot in depth, and to admit of not less than
six inches of water over the dam into said ways, and thence
running down stream twenty feet, and terminating at seven feet
in width, with stoppers on each side, of plank or stone, running
not more than half way across said passage ways, within two feet
of each other ; and said head shall be kept open and in good re-
pair at all times from the tenth day of April to the first day of
June, in each year.

Sect. 2. Be it further enacted. That so long as the own-
ers of said dams shall keep open said course or passage ways,
and in good repair, in manner aforesaid, they shall not be subject Exemption from
to any of the penalties or restrictions of any law regulating the P*^"^ '^'*^^'
passage of fish in Ipswich river. [Feb. 15, 1826.] Add. act,
1829 ch. 40.

An Act to incorporate the New England Glass Bottle Company. CflWD* 79.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Deniing Jarvis and Edmund Munroe, together Persons incor-
with such other persons as may become associates with them, P"'"'^'^'*-
their successors and assigns, be, and they are hereby made a
corporation, by the name of the New England Glass Bottle Com-
pany, for the purpose of manufacturing black and green glass ware
in the city of Boston and the town of Cambridge, and for that
purpose shall have all the })owers and privileges, and be subject Powers and
to all the duties and requirements, contained in an act passed ""^^'
on the third day of March, in the year of our Lord one thousand
eight hundred and nine, entitled "an act defining the general 1808 ch. 65.
powers and duties of manufacturing corporations," and the seve-
ral acts in addition thereto.

Sect. 2. Be it further enacted. That the said corporation Real and per-
may hold and possess such real estate, not exceeding in value sonal estate,
one hundred thousand dollars, and such personal estate not ex-
ceeding three hundred thousand dollars, as may be necessary and
convenient for carrying on the business of making black and green
glass ware.

Sect. 3. Be it further enacted, That either of the persons First meeting.
named in this act be, and he is hereby authorized to appoint the
time and place of holding the first meeting of said corporation,
and notify each of the members thereof, either by personal notice

VOL. VI. 49

386

1825..

-Chap. 79—81.

Chap, 80.

Cattle not to go
at large on
province lands.

Penalties.

or otherwise, seven days at least before the time of holding the
first meeting. [Fth. 15, 1826.]

An Act to prevent the going at large of Neat Cattle on the Province Lands, in the
county of JJarnstable, and for other purposes.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That from and after the passing of this act, it shall not
be lawful for any person or persons, to suffer any neat cattle,
horses or sheep, to go at large on tiie province lands and beach
in the county of Barnstable, or to cut any beach grass, brush, or
wood thereon, or to pull up any roots of shrubs, trees, or beach
grass therefrom.

Sect. 2. Be it further enacted, That if any person or per-
sons shall violate the provisions of this act, each person so of-
fending, for each and every such offence, shall, on conviction
thereof, pay a fine not exceeding ten dollars, nor less than five
dollars, to be recovered, the one half to him or them who shall
sue for the same, and the other half to the town of Provincetown,
by action of debt in any court proper to try the same. \_Feb.
15, 1826.]

Chat), 81 . ^" ^^^ *° incorporate the Trustees of the New England Conference of the Methodist
.* * * Episcopal Church.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Edward Hyde, Joseph A. Merrill, Solomon
Sias, Timothy Merrilt and Ebenezer Blake be, and they hereby
are nominated and appointed trustees, and incorporated into a
body politic, by the name of the Trustees of the New England
Conference of the Methodist Episcopal Church, and they and
their successors in office, shall be and continue a body politic by
that name forever. And the number of trustees shall never ex-
ceed nine, nor be less than five, a majority of whom shall form a
quorum, but a less number may adjourn from time to time.

Sect. 2. Be it further enacted, That all lands, monies, or
other property, heretofore given to the New England conference,
or which may hereafter be given, granted or assigned to the said
conference, or the trustees thereof, shall be confirmed to the said
trustees and their successors in that trust forever, for the pur-
poses which, in the instruments of conveyance are, or shall be
expressed. And the said trustees shall be capable of having,
holding and taking in fee simple, by gift, grant, devise, or other-
wise, any lands, tenements, or other estate, real or personal :
provided, that the net annual profits thereof shall not exceed six
thousand dollars.

Sect. 3. Be it further enacted, That the said trustees, for
the time being, shall have full power to determine and fill all va-
cancies which may happen by death, resignation, incapacity or
otherwise, so as to keep up at least the number of five trustees
forever : provided, that no person shall be eligible to, or sustain
the office of trustee, who is not a regular member of the said con-
ference ; to fix the times and places for holding their meetings, the

Persons incor-
porated.

Number of
trustees.

Estate, real or
personal.

Proviso.

Powers of the
trustees.

1825. Chap. 81—83. 387

manner of notifying the trustees, the method of filling vacancies,

and to make such by-laws as ihey may think proper, for the man- By-laws.

agement of their concerns : provided, the same be not repugnant

to d)e laws of this Commonwealth.

Sect. 4. Be it further enacted, That the trustees aforesaid
may have a common seal, which they may change at pleasure ;
and all deeds sealed with said seal, acknowledged and delivered Deeds and oiher
by the treasurer of said trustees, with all notes, bonds, and other "'s""umeiits.
instruments signed by him according to their order, shall be good
and valid in law. And the said trustees may sue and be sued, in
all actions, and prosecute and defend the same to final judgment
and execution, by the name of the Trustees of the New England
Conference of the Methodist Episcopal Church.

Sect, 5. Be it further enacted, That Solomon Sias be, First meeting,
and he hereby is authoiized and empowered to appoint the time
and place for holding the first meeting of the said trustees, and to
notify them thereof, by publishing the same in Zion's Herald, at
least thirty days before the time of meeting.

Sect. 6. Be it further enacted, That any or all the forego- Legislature
ing articles and provisions of this act may be altered, amended or "^^y alter this
repealed, by the Legislature of this Commonwealth, at their will
and pleasure. [Feb. 15, 1826.]

An Act in addition to an Act, to incorporate tiie Ware Manufacturing Company. f^hrfn PQ

BE it enacted by the Senate and House of Representatives, in "'

General Court assembled, and by the authority of the same, ^^~^ '^^' ^^'
That the said Ware Manufacturing Company be, and they here- increase of
by are empowered to increase their present capital stock, by the *'°'^''-
addition of any sum or sums, not exceeding in the whole the fur-
ther sum of three hundred thousand dollars. The whole capital
stock of said company, being at no time to exceed the sum of six
hundred thousand dollars. [Feb. 15, 1826.] Add. act, 1826
ch. 56.

An Act to incorporate the Enfield Manufacturing Company. y^j qq

Sect. 1. BE it enacted by the Senate and House of Repre- ^ '
sentatives, in General Court assembled, and by the authority of
the same, That David Smith and Alfred Smith, with such others Persons incor-
as have already associated or may hereafter associate with them, porated.
their successors and assigns, be, and they hereby are made a
corporation, by the name of the Enfield Manufacturing Com-
pany, for the purpose of manufacturing cotton and woollen yarn
or cloth, and vending the same, and of manufacturing and vend-
ing implements and machinery useful in the making of such yarn
or cloth, in the town of Enfield, and county of Hampshire ; and
for those purposes, shall have all the powers and privileges, and Powers and
be liable to all the duties and requirements, contained in an act, '^'""®^-
entided " an act defining the general powers and duties of manu- isosch. 63.
facturing corporations," passed the third day of March, in the
year of our Lord one thousand eight hundred and nine, and the
several acts in addition thereto.

Sect. 2. Be it further enacted, That said corporation may

388

1825.-

■Chap. 83—87.

Real and per-
sonal estate.

be lawfully seized and possessed of such real estate, not exceed-
ing in value fifty thousand dollars, and such personal estate, not
exceeding in value fifty thousand dollars, as may be convenient for
carrying on the business and manufactures aforesaid.
First meeting. Sect. 3. Be it further enacted^ That any one or both of
the persons above named, may call the first meeting of the mem-
bers of the said corporation, at such time and place as they shall
see fit to appoint, by giving twelve days previous written notice
thereof to each of said members, or by publishing the same three
weeks successively in any newspaper printed in Northampton, in
the county of Hampshire, for the purpose of making by-laws to
regulate the concerns, and choosing officers of said corporation.
[Feb. 15, 1826.]

C^hnn 8^ ■'^" ^^"^ '" addition to an Act, establishing the second precinct in Atllcborough.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That no person shall hereafter become a member of
said second precinct so that he be entitled to vote in any pre-
cinct meetings therein, unless such person shall have six months
previously to any such meeting, signified his intention, in writing
of becoming a member of said corporation, and lodge a certificate
with the clerk thereof.

Sect. 2. Be it further enacted. That the clerk of said
second precinct shall at all times keep a correct list of all the
members of said corporation, and once in each year lay a true
copy of the same before the said corporation, at their annual meet-
ing. [Feb. 15, 1826.]

/~^L Qd ^" ^^"^ discharging the third New-Hampshire Turnpike Road Corporation from their

L'tlCtp. OO. liability to maintain part of their road.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That from and after the passing of this act, the Third New-
Hampshire Turnpike Road Corporation be, and they are hereby
forever discharged from their liability to maintain and keep in
repair all that part of said turnjiike road which lies in the town of
Townsend, in the county of INIiddlesex ; any thing in their act of
incorporation to the contrary notwithstanding. [Feb. 15, 1826.]

1806 ch. 69.

Conditions of
membership.

Clerk to keep a
list of members.

1801 ch. 11.
(v. 2. p. 442.)

Discharged
from liability to
repair road.

Chap. 87.

Persons incor-
porated.

Powers and
privileges.

An Act to incorporate the First Universalisl Society in Plymouth.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That William Brown, Daniel Jackson, Jun., John
Gooding, .Tames Bradford, William JM. Jackson, Caleb Rider,
Isaac Bartlett, Finney Leach, and all other persons who now
are, or hereafter may be associated with them, and their succes-
sors, shall be, and hereby are created and established as a reli-
gious society and body corporate and politic, by the name of the
First Universalist Society in Plymouth, and by that name may
sue and be sued, plead and be impleaded, and possess and enjoy
all the privileges, powers and immunities to which parishes and
other religious societies are by the constitution and laws of this

1825. Chap. 87. 389

Commonwealth entitled, and shall have authority to take, hold,
and possess, by grant, gift, devise, or otherwise, any real or per- Estate, real or
sonal estate, for the purpose of supporting public worship, and personal.
other religious parochial and charitable purposes, not exceeding
the annual income of five thousand dollars, and shall also have au-
thority to choose all such officers, and make all such by-laws and By-laws,
rejrulations as may seem expedient for the due government of
said society, and the management of their funds, and other paro-
chial concerns : provided, such by-laws and regulations shall be Proviso.
in no wise contrary to the constitution and laws of this Com-
monwealth.

Sect. 2. Be it further enacted, That the said society shall Assessment of
also have power, at their annual meeting, to assess all such taxes
as may be necessary and proper for the maintenance of public
worship, the repairs and preservation of the church, and all other
parochial charges and expenses, and shall also have power to de-
termine the mode of assessing said taxes, either upon the pews
in the church of said society, according to their relative value to
be ascertained by the first sale of each pew, or upon the real and
personal estate of the individual members of said society, and upon
their rateable polls, in the same manner and with equal power for
collecting the same, as is by law allowed for assessing and collect-
ing similar taxes. And whenever it may be determined to assess Tax on pews lo
the taxes on the pews, the taxes so assessed shall be a lien on the ^^ ^ ''^" °" ^'^^

1 1 • r I r I pews.

pews respectively, and in case oi the non payment oi the taxes
so assessed for the space of two years from the time of assessing
the taxes, the pew or pews upon which the tax or taxes shall
have been assessed shall be forfeited to the society, and may be
sold at public auction in such manner as the society may by their
by-laws and regulations provide, and the net proceeds of the said
sale, after deducting the amount of taxes due thereon, with the
charges of sale, shall be paid to the proprietor of the pew, so
sold, or to his assigns, and the society shall have full authority to
convey to the purchaser of any pew so sold, a good and valid title
as purchaser thereof.

Sect. 3. Be it further enacted, That there shall be an an- Annual meet-
nual meeting of said society, either in the month of April or May, '"^"
in every year, at which meeting the society shall have power to
raise all such sums of money as shall be needed for the purposes
before mentioned, and may choose their officers, who shall hold
their offices during one year, and until others are elected in their
stead.

Sect. 4. Be it further enacted, That the first meeting of First meeting.
this society, may be called by either of the persons named in this
act, by an advertisement in the Old Colony Memorial, a news-
paper printed in Plymouth, seven days before the time of holding
such meeting, and at such meeting all business may be transacted
which should be done at any annual meeting, and all proceedings
may be had to organize said society, and to carry into effect all
the powers given to said society in this act. [Feb. 15, 1826.]

390

1825.-

•Chap. 88—91.

Chap. 88,

1805 ch. 75.
Extended.

1813 cli. 186.

Chap. 91

Persons incor-
porated.

Privileges.

Real estate.

Provi

Shares, and the
transfer thereof.

An Act continuing the Massachusetts Charitable Mechanic Association.

BE it enacted by the Senate and House of Representatives^ in
General Court assembled^ and by the authority of the same^
That the Massachusetts Charitable Mechanic Association, incor-
porated by an act entitled "an act to incorporate Jonathan llun-
newell and others," shall and may remain a corporation during
the pleasure of the Legislature, from and after the time limited
for the continuation of said corporation, by an act passed on the
twenty-sixth [twenty-eighth] day of February, one thousand eight
hundred and fourteen, with the same powers and privileges it
now enjoys, excepting that its personal and real estate may
amount to one hundred thousand dollars, and that it may estab-
lish schools and libraries for the use of apprentices, and the im-
provement of the arts. [Feb. 15, 1826.]

An Act to incorporate the Proprietors of Butler's Row, in the city of Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John P. Thorndike, David Greenough, and
others, their associates, successors and assigns, be, and they
hereby are constituted a body politic and corporate, by the name
of the Proprietors of Butler's Row ; and the said corporation, by
the same name, are hereby declared and made capable in law, to
sue and be sued, plead and be impleaded, to have a common seal,
and the same to alter and renew at pleasure, to make rules and
by-laws for the regulation and management of the estate herein
after described, consistent with the laws of this Commonwealth ;
and generally to do and execute whatever by-laws do [by laic
does^ or may appertain to bodies politic and corporate, within the
meaning and intent of this act.

Sect. 2. Be it further enacted. That the corporation be,
and the same hereby is declared and made capable in law, to have,
hold and possess, by fee simple, lease hold or otherwise, all that
certain real estate, situate in said Boston, bounded as follows :
westerly on Merchant's row, ninety feet ; northerly, on a new
street, forty feet wide, there measuring two hundred and eighty-
eight feet ; easterly, on land of the proprietors of Long wharf,
forty-five feet ; southerly, on a twelve feet passage way and land
of the heirs of Tuttle Hubbard, two hundred and eighty feet,
more or less ; togetiier with all the rights, privileges and appur-
tenances thereof : provided, the lawful proprietors thereof shall
legally convey the same to said corporation ; and the said cor-
poration shall have power to sell, grant, and alien in fee simple,
or otherwise convey their corporate property, or any part thereof
within said described limits ; and to lease and manage, and im-
prov^e, build, rebuild, pull down, or alter the same, according to
their will and pleasure, by such forms of conveyances and con-
tract as shall by their laws be provided, in conformity to the laws
of this Commonwealth.

Sect. 3. Be it further enacted. That said proprietors, at
any legal meeting, may agree upon the number of shares into
which said estate shall be divided, and agree upon the forms of

1825. Chap. 91. 391

certificates to be given to the proprietors, whicli shares shall bo
deemed and considered as personal estate, and shall be transfera-
ble by assignment on the back of the certificate, recorded by the
clerk of the corporation, in a book to be kept for that purpose ;
and shall be liable to attachment on mesne process, and sale on
execution, in the manner and according to the form of the stat-
utes making provision for the attachment of sales, [and sa/e] of
shares of debtors in corporate com|)anies.

Sect. 4. Be it further enacted, That the real estate and Estate maybe
other property of said corporation shall be liable to be attached serotfin ihe
on mesne process, and be set ofF and sold on execution, against same manner
the corporation, in the same manner as the property or estate of of indiv^duab '^
individuals, is by law subject to mesne or final process, and the
said corporation shall possess the right in equity of redeeming
the same, appertaining (by the laws of this Commonwealth) to
other real estate.

Sect. 5. Be it further enacted, That the said corporation Assessments.
shall have power, from time to time, to assess such sums of
money, as, at a legal meeting, held and notified for that purpose,
may be deemed necessary, for building, or rebuilding, repairing,
or altering any buildings whatever, on the land within said des-
cribed limits, or for the improvement or management of the cor-
porate estate, agreeably to the true intent of this act ; and in case Shares may be
any proprietor shall neglect or refiise to pay any assessment so sessmentsf ^^"
laid, the said corporation may cause such of the shares of such
proprietors, as may be sufficient therefor, to be sold at public
auction, after ten days notice, in a public newspaper, printed in
Boston, to the highest bidder ; and, after deducting the amount
assessed and unpaid, together with the charges of sales and ad-
vertisement, the surplus (if any) shall be paid over to such pro-
prietor ; and the purchaser of such share or shares, shall be en-
titled to receive a certificate of the share or shares by him pur-
chased accordingly.

Sect. 6. Beit further enacted, That in all meetings of the Right to vote.
members of said corporation, for the transaction of business, each
member or proprietor shall be entitled to one vote for every
share, by him held in said corporation : provided, always, that
no one member shall ever be entitled to more votes than shall
be equal to one third in value of the corporate property. Pro-
prietors may appear and act at any meeting, by proxies in writ-
ing.

Sect. 7. Be it further enacted, That either of the persons First meeting,
named in the first section of this act, may call the first meeting
of said corporation, by advertisement in any newspaper printed
in Boston, three times, the first not to be less than six days be-
fore the time appointed for such meeting ; and the corporation
at their first meeting, and afterwards, annually, on such days as
shall be established by the by-laws, may choose a president,
clerk, and such other directors or officers, as they may see fit,
for conducting their corporate affairs and estate ; the clerk to be
.sworn before entering on the duties of his office.

392

1825.-

•Chap. 91—93.

Individual res-
ponsibility. ■

Limitation and
repeal of this
act.

Proviso.

Chap. 93.

Persons incor-
porated.

Powers.

Real and per-
sonal estate.

Election of of-
ficers.

Sect. 8. Be it further enacted^ That all covenants, con-
tracts and debts, which shall be made by said corporation, shall
be binding on each one and all those persons who shall be stock-
holders in said corporation, when such covenants or contracts
respectively are made, and their respective heirs, executors and
administrators, in the same manner as if such covenants or con-
tracts had been made by such stockholder or stockholders, in his or
their individual capacity ; and whenever any proprietor or stockhol-
der shall pay any sum of money for the covenants, contracts, or
debts of said corporation, said proprietor or stockholder, shall
have the right to recover from each proprietor or stockholder,
their proportion of the money by him paid, according to the
shares held by them respectively.

Sect. 9. Be it further enacted^ That this act shall continue
in force twenty years from the passing thereof, after the expira-
tion of which term, the same may be repealed at the pleasure of
the Legislatiu'e : provided, that in case of said repeal, the lands
and tenements of said corporation, shall be vested in the share-
holders, at the time of such repeal, and their heirs, as tenants in
common, in proportion to their respective interest in the premi-
ses. [Feb. 16, 1826.]

An Act to incorporate ihe Salem Society for the Moral and Relig'ious instruction of
tiie Poor, in the town of Salem, in the county of Essex.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Asahel Huntington, Esq., Doctor Joseph
Torrey, Ezekiel Savage, Theodore Eames, and Joseph How-
ard, Esq's., all of Salem, in the county of Essex, with those
who may be associated with them, and their successors, be, and
hereafter are, incorporated and made a body politic, by the
name of the Salem Society, for the Moral and Religious In-
struction of the Poor, for the purpose of furnishing means of
useful knowledge and moral improvement to the poor and igno-
rant in said town of Salem, who may be otherwise destitute of
such instruction, and also for establishing and patronizing sab-
bath and other schools, for the promotion of religion and virtue
in the rising generation ; and the society aforesaid may have a
a common seal, and may purchase and receive, by gift, devise,
or otherwise, lands, tenements, and real estate of any kind, and
the same [to] hold in fee simple or otherwise, and also subscrip-
tions, donations, and bequests of money or other personal es-
tate, the annual income of which shall not exceed two thousand
dollars.

Sect. 2. Be it further enacted. That the said society may
annually elect by ballot, by a majority of the members present,
a president, vice president, treasurer and secretary, and such
number of trustees as they may think proper, so that there be
not less than five, and such other officers as may be found need-
ful ; and may, at their first meeting, under this act of incorpo-
ration, by a vote of the majority of the members present at such
meeting, make and adopt such constitution or system of rules

1825. Chap. 93—95. 393

and by-laws, as they may iliink proper, not repugnant to the r>y-laws.
constitution and laws of this (Joinnionwcaltli, for the conchictinc;
and executing the business of said society, and for the more ef-
fectually securing the objects of their institution ; which con-
stitution shall not be altered, but in the manner therein provided.

Sect. 3. Be it further enacted^ That the society afore- Society may
said shall, at all times, have power to sue, and may be sued, and sue and be sued,
may defend, and shall be held to answer by the name and title
aforesaid.

Sect. 4. Be it further enacted. That it shall be the duty of Treasuier to

, ^ 1 .• r .1 1 • r 1-12 make a stale-

the treasurer, at every annual meetmg tor the choice oi omcers mem of the
for this society, to exhibit an accotmt of the state of the funds, 'unds at the an-
which account shall be previously examined and certified by a ""^ ""^^ '"^"
committee of the directors, appointed by the board for that pur-
pose.

Sect. 5. Be it further enacted, That Ezekiel Savage, Esq., Fifst meeting-,
be, and he is hereby authorized to call the first meeting of said
society in their corporate capacity, by publishing a notification
in one of the newspapers printed in Salem, ten days before the
time therein appointed. [Feb. 22, 1826.]

An Act in addition to an Act entitled " An Act empowering the Centre School Dis- (Jh/rf) 94i
trict, in the town of Worcester, to raise money." J *

Sect. 1. BE it enacted by the Senate and House of Repre- ^^^^'^^- ^^•
sentatives, in General Court assembled, and by the authority of
the same, That the inhabitants of said Centre School District, inhabitants of
in the town of Worcester, are hereby authorized and empowered de^termine how
to determine, at any legal meeting, in what manner future meet- meetings shall
ings of said inhabitants shall be warned. ewame .

Sect. 2. Be it further enacted, That Samuel M. Burn- persons ap-
side, William Eaton and John W. Lincoln, or either two of po'"ted to warn
them, be, and they hereby are, authorized to warn the next
meeting of the inhabitants of said school district, by posting up,
at each of the four public meeting houses within said town of
Worcester, a notification, expressing therein the time, place,
and purpose of the meeting, fourteen days, at least, before the
time appointed for holding the same. [Feb. 22, 1826.]

An Act to incorporate the Lynn Printing Company. CflCl'D 95

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That .Jeremiah Fitch, William Tileston and John Persons incor-
Hall, their associates, successors and assigns, be, and they here- po''^'^^'^-
by are made a corporation and body politic, by the name of the
Lynn Printing Company, for the purpose of printing, dying,
and bleaching', cotton, woollen, silk and other fabricks, in Lynn,
in the county of Essex, and for this purpose, that they shall have
all the powers and privileges, and be subject to all the duties Powers and
and requirements contained in the act, passed on the third day '''^^'^*-
of March, in the year of our Lord one thousand eight hundred
and nine, " entitled an act defining the general powers and duties 1808 ch. 65.

VOL. VI. 50

394

1825-

-Chap. 95—96.

Real and per-
sonal estate.

First meeting.

Chap. 96.

Persons incor-
porated.

Real and per-
sonal estate.

Proviso.

Powers of tlie
trustees.

of manufacturing corporations," and the several acts in addition
thereto.

Sect. 2. Be it further enacted^ That the said corporation
may purchase, become lawfully seized and possessed of real
estate, to the amount of eii^hty thousand dollars, and personal
estate, to the amount of one hundred and fifty thousand dollars,
and hold and manage such real and personal estate, as they shall
find necessary and convenient for carrying on their business, not
exceeding the value of two hundred and thirty thousand dollars.

Sect. 3. Be it further enacted, That any one of the per-
sons mentioned in this act, be, and he is hereby authorized to
appoint the time and place for holding the first meeting of the
corporation for the organization of the same, and other purposes,
and to notify the other persons mentioned in this act, and their
associates, eidier personally or otherw-ise, at least ten days be-
fore said meeting, \^Feh. 22, 1826.]

An Act to incorporate the Newton Theological Institution.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That there be, and hereby is established in the town of
Newton, and in the county of Middlesex, an institution for the pur-
pose of educating pious young men for the gospel ministry, in such
manner as the trustees, for the time being, shall direct ; and that
Joseph Grafton, Lucius Bolles, Daniel Sharp, Jonathan Going,
Bela Jacobs, Ebenezer Nelson, Francis Wayland, Jun., Henry
Jackson, Ensign Lincoln, Jonathan Bacheller, and Nathaniel R.
Cobb, be nominated and appointed trustees ; and they are here-
by incorporated into a body politic, by the name of the Trustees
of the Newton Theological Institution ; and they, and their suc-
cessors shall be and continue a body politic, by that name
forever.

Sect. 2. Be it further enacted. That all lands, monies, or
other property, heretofore given or subscribed, for the purpose
of erecting or establishing an institution as aforesaid, or which
shall hereafter be given, granted or assigned to the said trustees,
shall be confirmed to the said trustees, and to their successors,
in that trust, forever, for the uses which, in such instrument, shall
be expressed ; and the said trustees shall be capable of having,
holding and taking, in fee simple, by gift, grant, devise, or other-
wise, any lands, tenements, and other estate, real or personal :
provided, the annual income of the same shall not exceed the sum
of twenty thousand dollars, and shall apply the profits thereof, so
as most effectually to promote the designs of the institution.

Sect. 3. Be it further enacted, That the said trustees, for
the time being, shall be the governors of said institution, shall
have full power, from time to time, to elect such officers thereof,
as they shall judge necessary and convenient, and fix the tenure
of their respective offices, to remove from office any trustee,
when, from age or otherwise, he shall become inca|)able of dis-
charging the duties of his office, or when, in the judgment of a

1825 Chap. 96—97. 395

majority of the trustees, lie is an improper person to hold such
office, to fill all vacancies that may happen in the board of trus-
tees, to determine the time and places lor holding their meetings,
the manner of notifying the trustees, the method of electing mem-
bers of the board, to elect instructors, and prescribe their duties,
to make all such rules and regulations, as they may, from time to
time, consider expedient for the management of the institution :
provided^ the same be not repugnant to the laws of this Com-
monwealth.

Sect. 4. Be it further enacted^ That the trustees of said Execution of
institution may have a common seal, which they may change at ^"^^''^•
pleasure ; and all deeds sealed with said seal, and delivered and
acknowledged by the treasurer of said trustees, by their order,
shall be good and valid in law ; and said trustees may sue and be
sued, in all actions, and prosecute and defend the same to final
judgment and execution, by the name of the Trustees of [the']
Newton Theological Institution.

Sect. 5. Be it further enacted^ That the number of said Number of
trustees shall never exceed twenty-five, nor be less than nine ; '•'"^tees.
and one third of the existing number of trustees shall be necessa-
ry to constitute a quorum for doing business ; but a less number
may, from time to time, adjourn until a quorum can be constituted.

Sect. 6. Be it further enacted^ That Lucius Bolles and F'''s' meeting.
Daniel Sharp be, and they are hereby authorized and empowered
to fix the time and place for holding the first meeting of the trus-
tees, and to notify them thereof, by serving each of them with
personal notice, six days before the time appointed for the first
meeting. [Feb. 22, 1826.]

An Act to empower the inhabitants of tlie town of Charlestown to choose Assistant f^hrtrn Q'7

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the inhabitants of the town of Charlestown may, Town may be
at their annual meeting for the choice of town officers, or at any «i'^'^e<^ 'n'°

, . II 1 r 1 1- • I • 1 • wards, and as-

other meeting called lor the purpose, divide said town into any sistant assessors

number of wards, not exceeding six, and elect, annually, bybal- d'o^en.
lot, from each of the said wards, one or more suitable persons to
assist the assessors in taking a list of the rateable polls, in esti-
mating the value of the personal property, and appraising the val-
ue of all real estates in said town.

Sect. 2. Be it further enacted, That said inhabitants may,
at any time previous to choosing said assistant assessors, vote
that they shall be chosen for that year, in distinct wards, in which
case the town shall determine the number to be chosen from each
ward, and the inhabitants of the said wards shall be separately as-
sembled within twenty days afterwards, and within the limits of
their respective wards, as follows, viz. — The town clerk shall Town cleric to
issue a warrant for each ward, directed to one of the constables of lo^each ward?"'
said town, requiring him to notify and warn all the inhabitants of
that ward, qualified to vote in town affairs, to assemble at the
time and place therein specified, to choose a moderator and clerk,

396

1825.

■Chap. 97—99.

Vacancies to be
filled.

Chap. 98.

Pel sons incor-
porated.

Powers and
duties.

IGOSch. C5.

Real and per-
sonal estate.

Chap. 99.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

and such number of persons, by ballot, for assistant assessors, as
the inhabitants of said town shall have agreed upon. And the sev-
eral ward clerks shall be duly qualified for the discharge of their du-
ties, and shall, within two days after such meeting, make return to
the town clerk in writing, of the names of the persons so chosen ;
and they shall thereupon be notified of their election, and be qual-
ified in the same manner as other town officers. And in case a
vacancy, from any cause, shall occur among the persons chosen
by either of the modes herein prescribed, the inhabitants of the
ward where such vacancy shall exist, shall be assembled in man-
ner aforesaid, for the purpose of filling the same. [Feb. 22, 182G.]

An Act to establish the VVareham Cotton Mill Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives., in General Court assembled^ and by the authority of
the same, That Lysander Makepeace, Alvan Makepeace, and
Benjamin Lincoln, 2d, and such other persons as now are, or
may hereafter be associated with tiiem, their successors and as-
signs, be, and they hereby are made a corporation, by the name of
the Wareham Cotton Mill Company, for the pinpose of manu-
facturing cotton in the town of Wareham, in the county of Ply-
mouth ; and for this piu'iiose, shall have all the powers and priv-
ileges, and be subject to all the duties and requirements, contain-
ed in an act passed on the third day of March, in the year of
our Lord one thousand eight hundred and nine, entitled "an act
defining the general powers and duties of manufacturing corpo-
rations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That said corporation
may be lawfully seized and possessed of such real estate, not ex-
ceeding the value of thirty thousand dollars, and such personal
estate, not exceeding forty thousand dollars, as may be neces-
sary and convenient for carryins; on the manufactory of cotton.
[Feb. 22, 1826.]

An Act to incorporate the Boston and Sandwich Glass Manufacturing Compan3'.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authonty of
the same, That Deming Jarvis, Henry Rice, Andrew T. Hall,
and Edmund Munioe, and such persons as may become associa-
ted with them, and their successors and assigns, be, and they
hereby are made a corporation, by the name of the Boston and
Sandwich Glass Company, for the purpose of manufacturing glass
in the city of Boston, and the town of Sandwich, in the county
of Barnstable ; and for that purpose shall have all the powers
and privileges, and shall be subject to all the duties, requirements,
and disabilities prescribed and contained in an act passed the third
day of March, one thousand eight hundred and nine, entitled " an
act defining the general powers and duties of manufacturing cor-
porations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation,
in their corporate capacity, shall and may lawfully hold and pos-
sess such real estate, not exceeding one hundred thousand dol-
lars, and personal estate, not exceeding two hundred thousand

1825. Chap. 99—101. 397

dollars, as may be necessary and convenient for carrying on the
maniifacture of glass in the places aforesaid. [Feb. 22, 182G.]

All Act to authorize Sctli Kiiovvles to dispose of certain real estate in Cliarlcstown, C^lmrt 1 00
and to invest the proceeds tliereof in oilier real estate. KylltlJJ 1 v'U.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Setli Knowles, of Chariestown, in the county of Middle- s.Knowies
sex, merchant, as he is guardian of his minor children herein after may sell real

, , 1 1 1 I • I 1 I'll 1 estate of his mi-

named, be, and lie hereby is duly authorized and empowered to nor children,
sell and dispose of all, or any part of the real estate, situate in
said Chariestown, and devised to his minor children, .Joseph
Knowles, Sarah Knowles, and Caroline Knowles, in and by the
last will and testament of their late grandfather, INIatthevv Bridge,
of said Chariestown, deceased ; and the said Seth Knowles is
hereby authorized and empowered to make, execute, and ac-
knowledge any deed or deeds, necessary and proper, to convey
to any person or persons, all the right, title, and interest of said
minor children, in and to said real estate, or any part thereof.
And the said Seth Knowles is hereby further authorized and em-
powered, with the proceeds of such sale or sales, to purchase, in
the names, and for the use of his said minor children, and their
respective heirs and assigns, any other real estate, situate in said
Chariestown, or in the city of Boston : provided, that the said Shall give bond
Seth Knowles shall, before he shall make any such sale, give '" the judge oi
bond, with sufficient sureties, to the judge of probate for the
county of Middlesex, that he will faithfully, and at his best dis-
cretion, cause the said real estate, so devised to his said children,
to be sold to the best profit and advantage ; and will well and
truly invest, or cause to be invested, the proceeds thereof, in
such other real estate as aforesaid, as shall be most for the ad-
vantage of said minors ; and that he will, so long as he shall con-
tinue to be the guardian of his said minor children, well and
faithfully manage the said real estate so purchased for said minors,
and on oath, account with the said judge of probate, for the rents
and profits thereof, whenever, and as often as he shall be there-
unto required by the said judge of probate : and provided, also. Proviso,
that no such purchase shall be made by said Knowles, but with
the approbation, and by the order of the said judge of probate,
which order he is hereby empowered to make. [Feb. 22, 182G.]

An Act to unite the towns of Dightou and Wellington, in the county of Bristol. CfiaT) 101

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same, i823ch!99.
That from and after the last day of February, in the year of our
Lord one thousand eight hundred and twenty-six, the towns of
Dighton and Wellington, in the county of Bristol, shall consti- Towns united,
tute one town, by the name of Dighton, with the same bounda-
ries the town of Dighton had, prior to the act incorporating the
town of Wellington, passed June the ninth, in the year of our 1814 eh. 11.
Lord one thousand eight hundred and fourteen, with all the cor-
porate privileges of other towns in this Commonwealth : provid-

S98

1825.

-Chap. 101—104.

Proviso.

[Time enlarged

1826 ch. 10.5:

1827 ch. 22]

C/tap \02.

Persons incor-
poralcd.

Privileges and
liabilities.

1808 ch. G5.

Real and per-
sonal estate.

First meetins:

Corporators
liable lor nui-
sance.

C/iapl04.

Persons incor-
porated.

eJ, nevertheless^ that the said town of Digliton shall be entitled
to all debts due to, and shall be liable to all debts due from,
the said town of Wellington on said last day of February, that
the said town of Dighton shall accept of said union, agreea-
bly to the provisions of this act, in a legal town meeting to be
held previous to the first day of March next, and that the towns
of Dighton and Wellington shall be and remain distinct cor])ora-
tions, for one year from the passing of this act, for the purpose of
adjusting their corporate concerns, and for no other purpose.
[Feb. 22, 1S26.] Add. acts, 1826 ch. 105: 1827 ch. 22.

An Act to incorporate the Roxbury Colour and Chymical Manufactory.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Joseph R. Newell, John Baker, John Bacon,
their associates and successors, be, and they hereby are incorpo-
rated and made a body politic, by the name of the Roxbury Colour
and Chymical Manufactory, for the purpose of manufacturing, in
the town of Roxbury, in the county of Norfolk, colours, acids,
and chymicals generally, with power to have and to use a com-
mon seal, to sue and be sued, to ordain and make, from time to
time, by-laws and rules for the government and management of
the corporation : provided, the same be not repugnant to the
constitution and laws of this Commonwealth ; and that they have
all the j)rivileges usually given by acts of incorporation for manu-
fticturing purposes, subject to the rules, regulations and penalties
of the act, entitled "an act defining the powers and privileges of
manufiicturing companies, [corporations']" passed March third,
one thousand eight hundred and nine, and all other acts supple-
mentary thereto.

Sect. 2. Be it further enacted, That the said corporation
may take, by purchase, grant, or otherwise, and hold real estate,
not exceeding the value of twenty thousand dollars, and personal
estate, not exceeding the value of fifty thousand dollars, for the
prosecution of their business.

Sect. 3. Be it further enacted. That Joseph R. Newell
be, and he hereby is authorized to call the first meeting of said
corporation, by advertisement in one of the newspapers printed
in Boston, he giving ten days notice of such meeting, and appoint
the time and place thereof ; at which meeting by-laws may be
passed, and the mode of calling other meetings regulated.

Sect. 4. Be it further enacted, That nothing in this act
shall preclude or affect the legal remedy against said corporators,
for any nuisance to the public, or to private individuals, and that
this act may be amended, revised, or terminated, at the pleasure
of the Legislature. [Feb. 22, 1826.]

An Act to incorporate the Second Congregational Society in Northampton.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the autliority of
the same, That Samuel Hinckley, Joseph Lyman, Ebenezer
Hunt, Samuel Howe, George Bancroft, James Shepherd, Chris-
topher Clark and Nathaniel Fowle, and their associates, now

1825. Chap. 104. 399

constituting the unincorporated congregational society in North-
ampton, with their families, polls, and estates, be, and they here-
by are incorporated into a religious society, by the name of the
Second Congregational Society in Northampton, with all the Towers and
powers, privileges and immunities of parishes. And may pur- '^'^'^' *^^'^^'
chase, receive and hold real and personal estate, to an amount Keai and pcr-
not exceeding thirty thousand dollars, and may ordain and esiab- ^°"^ *^*' ^ "'
lish such by-laws and regulations for the a;overnment of their
concerns, as they shall judge expedient: provided, the same be
not repugnant to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That everj^ ujember of said itig'-ii of voting,
society, who shall have paid the suiu of fifty dollars to the use of
said society, or shall become the proprietor of a pew in the meet-
ing-house erected therefor, or shall have actually paid the rent
for the current year, of any such pew, shall have a right to vote
at the meetings of said society.

Sect. 3. Be it further enacted, That Samuel Hinckley, Proprietors of
Joseph Lyman, Ebenezer Hunt, Samuel Howe, James Shep- .'"eeting-house

I I /-I T^ r TVT I -11-1 1 1 /->! • 1 /-HI "icorporated.

herd, ueorge Bancrott, Nathaniel I'owle and Christopiier Clark,
proprietors of the meeting-house, recently erected by them, for
the said society, be, and they are hereby made a corporation, by
the name of the Proprietors of the Second Congregational Meet-
ing-house in Northampton.

Sect. 4. Be it further enacted, That the said proprietors Treasurer to be
shall choose one of their number treasurer of said proprietors, ^i'v"c°bond!
who shall give bond to said proprietors, with sufficient surety or
sureties, to their acceptance, in the penal sum of fifteen thousand
dollars, for his faithful discharge of said trust; and wliose duty it
shall be, under the direction of a committee of said proprietors,
to be chosen for that purpose, to sell, and lease, the pews in said
meeting-house, by deed under his hand and seal, and who shall
have the care and custody of all the money, effects and securities
belonging to said proprietors, and of their receipts and disburse-
ments.

Sect. 5. Be it further enacted, That the said proprietors Donations.
shall receive and hold, in trust, all donations made to said socie-
ty, and other funds of the same, and dispose of the same in such
manner as the said society shall, from time to time, direct.

Sect. 6. Be it further enacted, That the said proprietors Power to nil
shall have power to fill all vacancies that may arise in their
number, from death, resignation, or removal from said society.

Sect. 7. Be it further enacted, That for security of the Lien ou pews,
purchase money of any pew, or part of a pew, the said proprie-
tors shall forever have a lien on the same in the hands of any per-
son or persons holding or purchasing the same, until the said
money be paid.

Sect. 8. Be it further enacted, That Joseph Lyman, Esq., First meetings.
be empowered to fix the time and place for holding the first
meeting of said congregational society, by notice posted up at
said meeting-house; and to fix the time and place for holding the
first meeting of said proprietors, notifying each proprietor thereof.
[Feb. 28, 1826.]

400

1825.-

•Chap. 108—111.

C/m;?108.

1825 ch. 53.

ChaplW.

Persons incor-
porated.

Powers.

Estate.

When town
may elect cor-
porators.

Vacancies.

First meelina

An Act in addition to an Act entitled " An Act to incorporate the President, Directors
and Company o( the Bunker Hill Bank."

BE it enacted, hxj the Senate and House of Representatives^ in
General Court assembled, and by the authority of the same,
That the President, Directors and Company of the Bunker Hill
Bank be, and they hereby are authorized to issue bills, from said
bank, to the amount of their capital stock, instead of half that
amount, as now provided. [Feb. 28, 1826.] Add. act, 1830
ch. 58.

An Act to incorporate the School Fund Committee, in the town of Braintrec.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Minolt Thayer, Asa French, Elisha Holbrook,
John V. Arnold, Amos Stetson, Samuel Capen and Doctor
Jonathan Wild, be, and they hereby are incorporated and made a
body j)oliiic and corporate, by the name of the Braintree School
Fund Committee.

Sect. 2. Be it further enacted. That said corporation may
have and use a common seal, and shall be capable of suing and
being sued, in any action, real, personal or mixed, in any court,
having jurisdiction thereof; shall or may take and hold, in fee
siinple, or otherwise, by gift, grant or devise, any estate, real,
personal or mixed, not exceeding ten thousand dollars in value,
which has or may be given to the town of Braintree, for the pro-
motion of learning, or which has or may be raised by the town
for the same purpose, and apj)ly the income of the same to the
purpose, or purposes, to which it was or may be designed ; may
make and execute any by-laws and rules, for the government of
the corporation, and may appoint such officers, and invest them
with such powers, as they may think expedient, not repugnant to
the laws of this Commonwealth.

Sect. 3. Be it further enacted. That the said Minott
Thayer, Asa French, Elisha Holbrook, John V. Arnold, Amos
Stetson, Samuel Capen and Doctor Jonathan Wild, shall have
power to act, in their corporate capacity, till the annual meeting
of the town of Braintree, in the month of March, in the year of
our Lord one thousand eight hundred and twenty-nine, at which
time that town may choose, by ballot, seven other persons, or
re-elect all, or any of said corporation, who shall continue in
office three years, and the same process to be made every suc-
ceeding three years ; and in case of death, absence or resignation,
the aforesaid corporation shall have power to fill all vacancies
which may occur.

Sect. 4. Be it further enacted, That Minott Thayer is here-
by authorized to call the first meeting of said corporation, for
the purpose of choosing such officers as are necessary, by giv-
ing each individual three days notice. [Feb. 28, 1826.]

1825. Chap. 112. 401

All Act to incorporate the town of Lowell. f^h/tn 1 1 *<?

Sect. 1. BE it enacted by the Senate and House of Rep- ^

resentatives, in General Court assembled, and by the authority
of the same, That the iioitheasterly part of the town of Chelins- noiin<i.-irie.s iie-
ford, in tlie county of Middlesex, lying easterly and northerly of ^'''■'''*'^-
a line drawn as follows, viz : beginning at Merrimack river, at a
.stone post, about two hundred rods above the mouth of Patuck-
et canal, so called, thence running southei'ly, in a straight course,
until it strikes the Middlesex canal, at a point ten rods above the
canal bridge, near the dwelling-house of Henry Coburn ;
thence southerly, on said canal, twenty rods, thence a due east
course to a stone post at Concord river, be, and hereby is, in-
corporated into a town, by the name of Lowell, and the inhabi-
tants of said town of Lowell are hereby invested with all the
powers and privileges, and siiall also be subject to the duties and Powers and
requisitions of other incorporate towns, according to the consti- P'''^'''<^bes-
tution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That the inhabitants of inhabitants to
said town of Lowell shall be holden to pay all arrears of taxes pay arrears of
which have been assessed upon them by the town of Chelms-
ford, before the passing of this act ; and the said town of Low-
ell shall be holden to pay two-fifth parts of the balance or resi-
due of all debts due and owing from said town of Chelmsford,
on the first day of March, one thousand eight hundred and twen-
ty-six, after deducting therefrom the sum of twenty-seven hun-
dred and twenty-six dollars ; and after applying to the payment
of said debts all the money belonging to said town, and all the
taxes assessed by said town of Chelmsford, before the passing of
this act.

Sect. 3. Be it further enacted, That the said towns of support of pau-
Chehnsford and Lowell shall, hereafter, be liable for the sup- pers.
port 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 lim-
its. And in all cases hereafter, wherein the settlement of a
pauper was gained or derived from a settlement gained or de-
rived, before the passing of tin's act, partly within the limits of
both of said towns ; or wherein it shall not be proved within the
limits of which of said towns such settlement was gained, the
said towns of Chelmsford and Lowell shall be eqtially liable for
the support of said pauper.

Sect. 4. Be it further enacted, That until a new valuation state and coun-
is taken by the Commonwealth, the state and county taxes, and ty'axesand

• 1 • I 1 1 /^ 1 I r 1 payment of

any reimbursements requned by the Commonwealth, lor the representatives.

payment of the representative of the present and past years, of

said town of Chelmsford, which may be called for from said

towns of Chelmsford and Lowell, shall be paid jointly, by said

towns, and in the proportion of three-fifths for said Chelmsford,

and two-fifths for said town of Lowell.

Sect. 5. Be it further enacted, That any justice of the First meeting-,
peace, in the county of Middlesex be, and hereby is, authorized

VOL. VI. 51

402 1825. Chap. 112—113.

to issue his warrant to any principal inhabitant of the town of
Lowell, requiring him to notify and warn the inhabitants of said
town of Lowell to assemble and meet at some convenient time
and place, in said town, to choose all such officers as towns are
required to choose, in the months of March and April, and to
do and transact any other lawful business, relative to the afiairs
of said town. [March 1, 1826.] See 1836 ch. 128.

C^hfin lis ''^" ^"^^ regulating the deposit and transportation of Gunpowder, in the town of Sa-

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives., in General Court assembled, and by the author-
The keeping oC it y of the sanu. That no person, except on military duty, in
uiated^''^'^ "^"^^ the public service of the United States, or of this Common-
wealth, shall keep, have or possess, in any house, ware-house,
shop or other building, nor in any street, lane, alley, passage-
way, yard or cellar, nor in any wagon, cart or other carriage,
nor on any wharf, nor on board of any ship, or other vessel,
within two hundred yards of any wharf, or of any part of the
shore or the mainland, nor in any place within the town of Sa-
lem, gunpowder, in any quantity exceeding five pounds, in any
way or manner, other than by this act, and by the rules and
regulations herein after mentioned, may be permitted and al-
lowed.
t^oriMd'to''"" Sect. 2. Be it further enacted, That the firewards of the
make rules in town of Salem, be, and they are, hereby, authorized to make
relation to gun- g,^(] establish rules and regulations, from time to time, relative

Dowclcr • .

to the times and places at which gunpowder may be brought
to, or carried from said town, by land or by water, the times
when, and manner in which, the same may be transported
through said town, to direct and regulate the kind of carriages,
boats, and other vehicles, in which the same may be so brought
to, carried from, and transjjorted through, said town, to direct
the manner in which gunpowder may be kept by dealers and
other persons, and to direct and require all such precautions as
may appear to them needful and salutary to guard against dan-
ger in the keeping of gunpowder, and in the transportation there-
of, to, from, and through, the town of Salem.
Forfeiture of Sect. o. Be it further enacted^ That all gunpowder, which

gunpowder. g|jg|j ^^ kept, had Or possessed, within the town of Salem, or
brought into, or transported through the said town, contrary to
the provisions of this act, and to the rules and regulations made
as aforesaid, may be seized and taken into custody by any one
or more of the firewards of said town, and it shall be the duty
of such fireward or firewards, w"ithin twenty days after such
seizure, to file a libel, in the office of the cleik of the court of
common pleas, for the county of Essex, stating the case of such
seizure, and praying for a decree of forfeiture ; and the judges
of said court shall have power to hear and determine the case
by a jury, where there is a claimant, but without a jury, if upon
proclamation, no claimant appear ; and to decree the forfeiture
and disposition of such property according to law ; and to de-

1825. Chap. 113—115. 403

cree a sale and distiibution of the proceeds, first deducting all
charges ; and if such libel be not supported, restitution of the
property shall be decreed without costs ; but if a claimant ap-
pear and dispute the forfeiture, and said gunpowder shall be
finally decreed forfeited, such claimant shall pay all costs of pros-
ecution, which may have legally arisen thereon.

Sect. 4. Be it further enacted, That all gunpowder so
forfeited, shall be forfeited one moiety thereof to the use of
this Commonwealth, and the other moiely thereof to the use of
the town of Salem.

Sect. 5. Be it further enacted, That it shall and may be F'rewards may
lawful, for any one or more of the firewards of the town of Sa- powder."'^ ^"°'
lem to enter any building or other place in said town, in the day
time, to search for gunpowder, which they may have reason to
suppose to be concealed or kept contrary to the provisions of
this act, or to the rules and regulations made as aforesaid, having
first obtained a search warrant therefor according to law.

Sect. 6. Be it further enacted, That it shall be the duty Firewards to
of the firewards of the town of Salem, to cause all such rules and Fi|'^''sh iheir
regulations as they may make and establish, by virtue of the au-
thority given by this act, to be published in two or more news-
papers printed in the town of Salem, and to cause such publica-
tion to be continued two weeks successively, for the informa-
tion and government of all persons concerned. [J\Iarch 2, 1 826.]

An Act to incorporate the Pontosack Woollen Manufacturing Company. /^i 1 1 pC

Sect. 1. BE it enacted by the Senate and House of Repre- "

sentatives, in General Court assembled^ and by the authority of
the same. That David Campbell, Jr., Henry Shaw, Thaddeus Persons incor-
Clap, and George Campbell, their associates, successors, and po^ated.
assigns, be, and they are hereby made a corjjoration, by the
name of the Pontosack Woollen Manufacturing Company, for the
purpose of manufacturing wool and cotton at Pittsfield, in the
county of Berkshire, and, for that purpose, shall have all the
powers and privileges, and be subject to all the duties and re- powers and
quirements, contained in an act passed on the third day of duties.
March, in the year of our Lord one thousand eight hundred and
nine, entided, " an Act defining the general powers and duties
of manufacturing corporations," and the several acts in addition
thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may be lawfully seized and possessed of such real estate, not ex- ^°"^' estate,
ceeding the value of eighty thousand dollars, and such personal
estate, not exceeding the value of one hundred and sixty thou-
sand dollars, as may be necessary and convenient for carrying on
the manufacture aforesaid, and the manufacture of machinery.

Sect. 3. Be it further enacted. That David Campbell, First meeting.
Jr., be, and he is hereby authorized to appoint the time and
place for holding the first meeting of said corporation, and to
notify them thereof, either by personal notice, or otherwise,
seven days at least before the time appointed. [March2, 1826.]

404 1825. Chap. 116—117.

f^hnn \\(\ An Act in addition to an act, entitled " An Act to incorporate tlie First Baptist Soci-
O/m// 1 1 U. ^,^ jjj Danvers."

1818 ch. 69. Sect. 1. BE it enacted hy the Senate and House of Rep-

resentatives, in General Court assembled, and by the authority

Society author- of the Same, That the First Baptist Society in Danvers, shall

ized to assess j^g^g j-^,jj power and authority, at any meeting, duly called lor
that purpose, to assess on the pews in their house ol religious
worship, all such taxes as may be necessary or proper, for the
maintenance of public worship, and all other parochial charges
and expenses, according to the relative value of the pews in the
same, as shall be agreed on and established by said society, in
such manner as they may think proper, and the taxes, so assess-
ed, shall be a lien on the same pews respectively, and in case of
the non payment of the tax or taxes, so assessed, for the space

Taxes a lien on of onc year after the same shall have been assessed, shall be for-
hc pews, winch fgjjg^j ,o jjjg gjjjd socieiv, and may be sold at public auction, by

may be sold lor - ' . r • i • i

the same. order ol the standing committee ol said society, seven days pre-

vious notice being given of such intended sale, by an advertise-
ment posted at said house ; and the nett jMoceeds of said sale,
after deducting the amount of all taxes due thereon, and the
charges of sale, shall be paid over to the propiietor of the pew
so sold, or to his assigns ; and the society shall have full authori-
ty to convey to the purchaser of any pew so sold, a good and
valid title, as propiietor thereof.

Right to vote. Si:cT. 2. Be it further enacted, That to constitute a legal
voter in the meetings of the society aforesaid, and in the manage-
ment of all the concerns of the same, the person sliall own, at
least, one half a floor pew, or the whole of a pew in the gallery.

Repeal. Sect. 3. Be it further enacted, That so much of the act

to which this is in addition, passed February twelfth, in the year
of our Lord, one thousand eight hundred and nineteen, as is in-
consistent with the provisions of this act, be, and the same is,
hereby repealed. [JMarch 2, 1826.]

C^hnV) 117 •'^" ^^"^ '" 'uriher addition to an Act, entitled "An Act for incorporating the Proprie-
KyltU'JJ • j^^^ of the Boston Pier, odierwisc called the Long Wharf, in the town of Boston."

?ol^^t'V7'' Sect. 1. BE it enacted by the Senate and House of Repre-

1806 ch. 11. . .y-v I/-I /j7 III ^1 ■ r

1824 ch. 2. sentatives, in General Lourt assembled, and by the authority oj
Proprietors of the Same, That the Proprietors of the Boston Pier, otherwise
^Thor^ed'to Called the Long Wharf, be, and they are hereby made capable
hold it in their of taking and holding, in their Corporate Capacity, the said pier,
corporate capa- ^^ Long wliarf, and the land under and adjoining, and all the es-
tate which is now held by said proprietors, as tenants in common,
and of alienating and disposing of the same, and of purchasing and
holding any of said estate, within the limits now authorized by
law, instead thereof ; and that the said corporation shall have
Shares, and power to divide their estate, stock and property into such num-
eiectionofof- [^gj. of shares, not exceeding two hundred, as the proprietors, by
their vote, shall agree and determine on, and annually to choose
a president and five directors, who shall hold their offices for one
year, and until others are chosen in their stead, and shall have
such powers, for the transaction of business, and the management

1825. Chap. 117—119. 405

of the affairs of the corporation, as the proprietors shall see fit to
confer on thetn, by their votes and by-laws. And the said cor-
poration, after the proprietors' several interests shall be trans-
ferred to the same, as aforesaid, shall be entitled to, and have all
the powers and privileges secured or intended to be secured to
the same, by their act of incorporation, aforesaid, and the deed
of partition therein mentioned, together with the several acts in
addition thereto, and all the conveyances heretofore made by, and
to the said corporation, in its corporate name and capacity, be,
and they are hereby confirmed. [March 2, 1826.]

An Act to incorporate the Taunton and Providence Turnpike Corporation. f^hnn 1 I fJ

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Samuel Crocker, Jesse Smith, .lohn West, Francis Bay- Persons incor-
lies, James L. Hodges, D. G. W. Cobb, together with such P°'^'^''-
others as have associated, or may hereafter associate with them,
their successors and assigns, be, and they hereby are made a cor-
poration, by the name of the Taunton and Providence Turnpike
Corporation, for the purpose of making a turnpike road from
Taunton green, in Taunton, in the county of Bristol, in the most
convenient and suitable direction to Seekonk river, in said coun-
ty, so as to connect the said town of Taunton, and the town of
Providence, in the State of Rhode Island, by the most conven-
ient and practicable route ; and for this purpose, shall have all Powers and
the powers and privileges, and be subject to all the duties, re- ''""^s-
quirements, and penalties contained in an act entitled "an act de- 1804 ch. 123.
fining the general powers and duties of turnpike corporations,"
and the several acts in addition thereto. [March 3, 1826.]

An Act to autliorize the sale of certain Ministerial Lands in the county of Berkshire, ^j i 1 Q

ai'd for appropriating llie avails thereof for the use of Schools. L/flCip 1 ly.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Snellem Babbit, Esq., of Savoy, be, and he is s. Babbit em-
hereby empowered to sell, either by public auction or at private powered to sell
sale, as he may judge most for the interest of those concerned, lands.
and pass deeds to convey all the lands reserved for the use of
the ministry, in the grant originally made to William Bullock,
Esq., and his associates, situate in the county of Berkshire, and
the avails of the said sales shall be paid over and appropriated as
is herein after provided. And whereas a part of said grant
has been incorporated into the town of Savoy, a part thereof
into the town of Clarksburgh, a part thereof into the town of
Florida, and a part thereof into the town of Monroe.

Sect. 2. Be it further enacted, That the monies arising Division of
from said sale shall be divided between the said towns of Savoy, P'^o^f^'^*-
Clarksburgh, Florida and Monroe, in proportion to the quantity
of land in said original grant, included in said Savoy, Clarks-
burgh, Florida and Monroe, the said division to be made under
the direction of the judge of probate for the county of Berkshire,
upon the principles before mentioned.

406

1825.-

■Chap. 119—120.

To give bond
previous to sale

Monies to l>c
paid to town
treasurers.

Interest appro-
priated to
schools.

Chap 120.

I'ersons incor-
porated.

Powers and
privileges.

Real and per-
sonal estate.

Objects of en-
couragement.

Sect. 3. Be it further enacted, That the said Snellem
Babbit shall, previously to his making sale of the said ministerial
lands, give bond to the judge of probate, for said county of Berk-
shire, in a reasonable sum, with sufficient surely, for the faithful
j)erforinance of his duty therein, and for the faithful application
and appropriation of the monies which may come into his hands
from the avails of said lands, accoixling to the provisions of this
act.

Sect. 4. Be it further enacted. That the said Snellem Bab-
bit shall, as soon as may be after the sale of the said lands, pay
over the proceeds thereof, to the respective town treasurers of
the towns of Savoy, Clarksburgh, Florida, and Monroe, in \)vo-
portion to the sums that shall be coming to the said towns respec-
tively, according to the provisions of this act.

Sect. 5. Be it further enacted, That the monies arising
from the sale of the said ministerial lands shall be put out at inter-
est, as soon as may be, and secured, either by mortgage on real
estate, or by two sufficient sureties, and the interest and profits
only of said funds shall ever be appropriated to the use of schools ;
and it shall never be in the power of either of the said towns to
alienate, or vary the appropriation of the said funds, or to ap-
ply them to any other object than the use of schools. [J^Iarch
3, 1826.]

An Act to incorporate the New-England Society for the promotion of Manufactures,
and the Mechanic Arts.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Patrick T. Jackson, Jesse Putnam, John l5og-
gett, and Henry A. S. Dearborn, and their associates, shall be,
and they hereby are constituted a body politic and corporate, un-
der the name of the New-England Society for the promotion of
Manufactures and the Mechanic Arts ; and by that name may
sue and be sued, and may have and use a common seal, and alter
and renew the same at pleasure ; and the said corporation shall
enjoy all the rights which corporate bodies usually enjoy ; they
shall have power to make all needful by-laws, rules, and regula-
tions, and to appoint and elect such officers as the members of
the corporation may, from time to time, deem necessary, for the
orderly management of the concerns of said corporation : pro-
vided, such by-laws shall not be repugnant to the laws of this
Connnonwealth.

Sect. 2. Be it further enacted. That the said corporation
be, and the same is hereby made capable of holding any real or
personal estate, and of disposing of the same at their pleasure :
provided, however, that the annual income of both the real and
personal estate shall not exceed the sum of six thousand dollars.

Sect. 3. Be it further enacted. That the powers of the said
corporation shall only extend to the promotion and encouragement
of (lomestic maniifacttn'es, of all descriptions, and of mechanical
skill in every department of industry, by public sales and exhibi-
tions of the products of the arts, by awarding premiums for new

1825. Chap. 120—121. 407

inventions, and for llie best specimens of skill, by introducing any
new discoveries which may be made in other countries, and by
collecting models of inventions made at home or abroad, and
communicating the same to the manufacturers and mechanics of
New-England, and generally, by the adoption of such measures,
as the members of the said corporation may think will at anytime
tend to the advancement of mechanical and manufacturing skill :
provided, however, that the Legislature shall have j)0wer to visit
the said corporation, by committees, and on their report, to annul
any by-laws of said corporation which they may disapprove.

Sect. 4. Be it further enacted. That all sales of domestic Sales exempted
goods, at j)ublic auction, which shall be made under the authority '^^"'" ^^■''•
of the corporation herein before created, shall be exempted from
the lax im])osed by law upon sales at auction : provided, hoxoever. Provisos,
that the said corporation shall hold or authorize only two such
public sales in any one year, at such time in each year, as they
may decide to be most convenient and advantageous : and pro-
vided, also, that the said corporation shall be held responsible,
that no goods, other than those of the growth and manufacture of
the United States, shall be exposed for sale at any of their fairs
or auctions ; and if any departure from this restriction should oc-
cur, then this section shall become null and void.

Sect. 5. Be it further enacted. That any person named in First meeting.
this act of incorporation may call the first meeting of the same
by giving notice thereof, in two or more of the newspapers printed
in Boston, two weeks successively, before the time of holding
said meeting.

Sect. 6. Be it further enacted. That this act may be a- Legislative
mended, revised, and terminated, at the pleasure of the Legisla- control.
ture. [March 3, 1826.]

An Act Io authorize and empower the town of Wareliam to make sale of the Ministe- f^hnn 1^1
rial Lands in that town. y^liaj) 1 Z- 1 .

Sect. 1. BE, it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That the town of Wareham be, and it is hereby au- Townauthor-
ihorized and empowered to make sale of certain lots of woodland j^ed 'o sell
and meadow in said town, orginally appropriated for the support
of the regular administration of gospel ordinances therein; and to
be exclusively devoted to that purpose.

Sect. 2. Be it further enacted. That at the annual meeting Trustees of fund
of the inhabitants of said town, in the month of March next, and to '^e elected,
annually thereafter, at their meeting in March or April, there
shall be elected three or more persons, who shall be the trustees
of the fund to be raised, by the sale aforesaid ; and the said trus-
tees shall invest the proceeds of the sale aforesaid in some pro-
ductive fund, and shall annually appropriate the income thereof,
according to the original intention of said town, when the lands
and meadows aforesaid were laid out and appropriated ; and they
shall give bond to said town in such sum as may be approved by
it, for the faithful performance of their duties. [March 3, 1826.]

408 1825. Chap. 122—125.

ChCLt) 1 22. '^" ^''^ ^° establish a corporation by liie name of llie Norfolk and Middlesex Turnpike
" *"* Cc)r])oration.

BE it enacted by the Senate and House of Representatives ,
in General Court assembled^ and by the authority of the same,

Persons incor- That Nathaniel Johnson, Daniel Leland, Aaron Whiting, Amra-

poraie . ^^j gj^jj^]-, ^^^^ Noali King, together with such persons as have

associated, or may hereafter associate with them, and their suc-
cessors and assigns, shall be a corporation, by the name of the
Norfolk and Middlesex Turnpike Corporation, for the purpose of
making a turnpike road from near Jchabod Hawes' tavern, in
Hollision, thence not far south of the factory, in said Holliston,
now or lately known by the name of Fairbanks' factory, thence
north of a burying ground in Sherburne, thence a little north of
the dwelling-house of John Goulding, thence to Charles river, at
or near a bridge, called Farm bridge, thence near the dwelling-
house of William Munroe, in Dover, thence not far north of
Dover meeting-house, thence to the bridge over Charles river,
near the iron works of John Welles and others, thence a little
north of High rock, in Needham, thence not far north of the
dwelling-house of Zachariah Cushman, thence to the south side
of Bald hill, in Newton, thence a little north of an old saw-mill,
in Brookline, thence to terminate at a town road near the north-
west corner of Samuel G. Perkins' garden, in Brookline ; and,

Powers and du- for this purpose, shall have all the powers and privileges, and be
subject to all the duties, requirements and penalties, contained in

iSOich. 125. an act, entitled "an act defining the general powers and duties of
turnpike corporations," passed the sixteenth day of March, in
the year of our Lord one thousand eight hundred and five, and
the several acts in addition thereto, [JMarch 3, 1826.]

Cllfin 1 24< ^^ ^'^^ '" "^'^^"0^ ^^^ name of the Boston and Braintree Copper and Brass Manufac-

" ' BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
Name changed. That the coi'poration now known by the name of the Boston and
Braintree Copper and Brass Manufactory shall be allowed here-
after to take the name of the Boston Copper Company. [J\Iarch
3, 1826.]

y->T TO" ^"^ ^^"^ '° incorporate the Roxbiuy Insurance Compan\'.

" ' Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the Same, That Nathaniel Dorr, John Lemist, Benjamin F.
poiated. Copeland, .Tonathan Dorr, Enoch Bartlett, Charles Hickling,

John Bartlett, David Dudley, Jonathan Hunewell, Benjamin
Weld and Thomas Simmons, with their associates, successors
and assigns, be, and they hereby are incorporated into a body
politic, by the name of the Roxbury Insurance Company, with
Powers and du- all the powers and privileges granted to insurance companies, and
"®*- subject to all the restrictions, duties and obligations contained in

1817 ch. 120. a law of this Commonwealth, entitled "an act to define the
powers, duties and restrictions of insurance companies," passed
on the sixteenth day of February, in the year of our Lord one

1825. Chap. 125. 409

thousand eiglit hiiiidred and eiglitccn, and in a law of this Coni-
inonweahh, entitled "an act authorizing the several insurance 1819 ch. 141.
companies in ihis Coninionvveahh to insure against fire," |)assed
on the tvventy-fjrst day of Fehruary, in the year of our Lord one
thousand eight liundred and twenty, for and during the term of
twenty years after the passing of this act ; and hy that name may
sue and be sued, plead and he impleaded, appear, prosecute and
defend, to final judgment and execution ; and may have a com-
mon seal, and alter the same at pleasure, and may purchase, hold
and convey any estate, real or personal, for the use of said com-
pany : provided, said real estate shall not exceed the value of Real estate,
twenty thousand dollars, excepting such as may be taken lor debt,
or held as collateral security for monies due the company.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said company, exclusive of premium notes, and profits arising
from business, shall be one hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per cent,
of which shall be paid in money, by each subscriber, on the How paid,
amount of his subscription, within thirty days after notice given
by die president and directors, chosen by the stockholders, in
two newspapers, printed in the counties of Suffolk or Norfolk,
and the residue shall be secured by a deposit of stock of the
United States, or of this Commonwealth, or of some bank within
this Commonwealth, and to be paid in such sum or sums, at such
time or times, and under such penalties, as the president and di-
rectors shall, in their discretion, direct and appoint.

Sect. 3. Be it further enacted, That the stock, property, Number of di-
affairs and concerns of said company, shall be managed and con- feciois.
ducted by twelve directors, one of whom shall be president
thereof, who shall hold their oflfices for one year, and until others
are chosen, and no longer, and who shall, at the time of their
election, be stockholders in said company, and citizens of this
Commonwealth, and shall be elected on the first Monday in Jan-
uary, in each year, and at such time and place in said Roxbury,
as a majority of said directors, for the time being, shall appoint,
of which election notice shall be given, in some newspapers
printed in the county of Suffolk or Norfolk, ten days at least
previous to said meeting ; and the election shall be made by bal-
lot, by a majority of the votes of the stockholders present, allow-
ing one vote for each share in the capital stock : provided, no Right to vote,
stockholder shall be allowed more than ten votes, and that absent
stockholders may vote by proxy, under such regulations as the
company shall prescribe ; and if, through any accident, the direc-
tors should not be chosen on the first Monday of January, as
aforesaid, it shall be lawful to choose them on any other day, in
the manner herein after mentioned ; and it shall be the duty of Secretary to
the secretary of said company, at any time, upon application in sfJctho^derf °on
writing of the proprietors of twenty per centum of the capital application,
stock, to call a meeting of the stockholders, to be holden at such
time and place, in said Roxbury, as they shall direct, for the

VOL. VI. 52

410

1825.-

-Chap. 125.

Election of
president, and
filling of vacan-
cies.

Board of direc-
tors.

By-laws.

Proviso.

First meeting.

Condition of
this charter.

Limitation of
risks.

Location.

Liability to be
taxed.

purposes mentioned in sucli application, by giving notice thereof,
as herein required for the election of directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be, after every election, and
choose, out of their number, one person, to be president, who
shall be sworn, or affirmed, to the faithful discharge of the duties
of his office, and preside for one year ; and in case of death, re-
signation, or inability to serve, of the president or any directors,
such vacancy or vacancies shall be filled, for the remainder of
the year in which they may happen, by a special election for that
purpose, at a meeting to be notified and held in the same manner
as herein before directed, respecting annual elections of directors.

Sect. 5. Be it further enacted, That the president and six
of the directors, or seven of them in his absence, shall be a board
competent to the transaction of business ; and all questions be-
fore them shall be decided by a majority of votes ; and they shall
have power to make and prescribe such by-laws, rules and regu-
lations, as to them shall appear needful and proper, touching the
management and disposition of stock, property, estate and effects
of said company, and the transfer of the shares, and touching
the duties and conduct of the several officers, clerks and ser-
vants employed, and the election of directors, and all such mat-
ters as appertain to the business of insurance ; also shall have
power to appoint a secretary, and so inany clerks and servants,
with such salaries and allowances to them, and to the president,
as to the board may seem fit : provided, such by-laws and regu-
lations shall not be repugnant to the constitution and laws of this
Commonwealth.

Sect. 6. Be it further enacted, That any two or more per-
sons named in this act, are hereby empowered to call the first
meeting of said company, by advertising the same in some news-
paper, printed in the county of Suffolk or Norfolk, two weeks
successively, for the purpose of electing their first board of di-
rectors, who shall remain in office until tlie first Monday in Janu-
ary, in the year of our Lord one thousand eight himdred and
twenty-seven, and until others are elected in their stead : provid-
ed, however, that this charter shall be void, unless put in operation
within one year after passing this act : and provided, also, that
said company shall not take any risk, or subscribe any policy,
until one moiety of the capital stock of said company shall actu-
ally have been paid in.

Sect. 7. Be it further enacted. That said company shall
never take, on any one risk, at any one time, including the sum
insured in any other way, a sum exceeding ten per centum of
the capital stock of said company, actually paid in, agreeably to
the provisions of this act.

Sect. 8. Be it further enacted, That the said insurance
company shall be located and kept in the town of Roxbury.

Sect. 9. Be it further enacted, That the said insurance
company shall be liable to be taxed, by any general law, provid-
ing for the taxation of all similar corporations. [March 3, 1826.]

1825. Chap. 126—127. 411

An Act in iiddiiion to an Aci entitled '-'An Act to incorporate the President, Directors (^.Jidj) 126.
and Company of tlie Housalonic l?ank." ■»

BE it enacted by the Senate and House of Representatives, 1824 ch. 143.
in General Court assembled, and by the authority of the same,
That a further time be granted to said corporation, for paying in Timeforpay-
their capital stock, and that the same may be paid in at such !."fj.k exulnded.
time or times as said corporation shall direct : provided, that
fifty thousand dollars thereof be paid into said bank in specie, and
the bank be put into operation according to the original charter,
on or before the first day of July next, and the remainder
within three months thereafter. [March 3, 1826.] Add. act,
ISoO ch. 58.

An Act to incorporate the Trustees of the Gloucester Ministerial Fund Society. CflCtJ) 127.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Zachariah Stevens, Lonson Nash, Daniel W. Persons incor-
Rogers, Samuel Kimball, Winthrop Sargent, and David Wor- P^^^'^^.
cester, be, and are hereby incorporated into a body politic, by
the name of the Trustees of the Ministerial Fund in the First
Parish in Gloucester ; and they and their successors shall be and
continue a body politic and corporate, by that name forever ; and Powers,
they shall have a common seal, subject to be altered at their
pleasure ; and they may sue and be sued in all actions, real, per-
sonal and mixed, and prosecute and defend the same to final
judgment and execution by the name aforesaid.

Sect. 2. Be itfurther enacted. That the said trustees, and Election of
their successors shall annually elect a president, and a clerk to °^'^^^^-
record the doings and transactions of the trustees, at their meet-
ings, and a treasurer to receive and apply the monies hereafter
mentioned, as hereafter directed, and any other needful officers,
for the managing their business.

Sect. 3. Be it further enacted. That the number of said Number of trus-
trustees shall never be more than seven, nor less than five, one '^es and quo-

. , \ ., J /. rum for trans-

of whom shall be a mmister ot the said first parish ; and any lour acting business.

of said trustees shall be a quorum for transacting business ; and

they shall fill vacancies which may happen by death, resignation,

or otherwise ; and they shall have power to remove any trustee

who may become unfit, from age, infirmity, misconduct, or any

other cause, of discharging his duty, and to fill the vacancy so

made ; and the said trustees shall annually hold a meeeting in

March or April, and as much oftener as may be necessary to

transact their business ; which meetings, after the first, shall be

called as the trustees may direct.

Sect. 4. Be it further enacted. That any justice of the First meeting,
peace in the county of Essex be, and he hereby is authorized to
fix the place and time for the first meeting, and to notify the
trustees thereof.

Sect. 5. Be itfurther enacted, That the said trustees be, Amountoffund.
and they hereby are authorized to receive all donations, legacies,
and bequests, to the amount of thirty thousand dollars, to the fund
aforesaid ; and they shall have power to sell and convey all such

412

1825.-

Chap. 127.

Money to be put
at interest.

Application of
income.

[*See St. 1828
ch. 140.]

Treasurer to
give bond.

Compensation
of officers.

Trustees' state-
ment to parish.

lands as they shall become seized of by bequest, mortgage, or by
levying executions, and to make, execute and acknowledge a
good and sufficient deed or deeds thereof, which deed or deeds,
subscribed and acknowledged by their treasurer, by direction of
said trustees, and having their seal thereto affixed, shall be good
and effectual in law, to pass and convoy the fee simple to the
purchaser, to all intents and purposes whatever.

Sect. 6. Be it further enacted^ That all monies which said
trustees shall receive, pursuant to this act, shall be promptly put
at interest, and secured by mortgage of real estate, to the full
value thereof, or by sufficient sureties with the principal ; or in-
vested in public funded securities, or bank stock, as, in the opin-
ion of the trustees, will be most for the benefit of all concerned.

Sect. 7. Be it further enacted^ That the trustees shall ap-
ply the income of the fund aforesaid, to the sujjport of the con-
gregational minister now settled in said parish, or who may
hereafter be settled in said parish, in conformity to the follow-
ing provisions,* viz. until the interest arising from the afore-
said stock, shall amount to two hundred dollars, annually, the
whole amount of said interest shall be added to the principal
of the stock aforesaid ; and after said income shall amount to two
hundred dollars, annually, one moiety thereof shall be paid
towards the minister's salary, as aforesaid, and the other moiety
shall be added to the principal ; and the trustees shall continue
thus to apply the said income, until it shall amount to the sum of
twelve hundred dollars, annually, six dollars being held equal to one
hundred and ninety-six pounds of flour ; and when said income
shall amount to twelve hundred dollars, annually, the whole a-
mount thereof shall be paid to said minister as his salary : and it
shall continue to be so applied, until said income shall amount to
the annual sum of two thousand dollars, when the surplus shall be
appropriated to such charitable purposes, as the trustees may
think proper.

Sect. 8. Be it further enacted. That the treasurer shall
give bond, with sufficient surety or siu'eties, in the penal sum of
two thousand dollars, at least, which penal sum may be increased
at the discretion of the trustees, for the faithful discharge of his
duty, and to be at all times responsible for the faithful application
and appropriation of the monies which may come into his hands,
conformably to the true intent and meaning of this act, and for all
negligence or misconduct of any kind, in his office.

Sect. 9. Be it further enacted, That the trustees, for the
services they may perform, shall be entitled to no compensation
out of any monies arising from the fund aforesaid ; that the treas-
urer shall receive a compensation for his services, not exceeding
two and a half per centum of the income of the fund, annually, at
the discretion of the trustees ; and that the clerk shall receive,
for his services, a compensation, at the discretion of said trus-
tees, but not exceeding the sum often dollars, annually.

Sect. 10. Be it further enacted, That the trustees shall ex-

1825. Chap. 127—129. 4l3

liibit to the parish, at their annual meeting, a regular and fair
statement of their doings.

Sect. 11. Be it further enacted, That if, at any time, the Transferor
aforesaid parish shall, for the term of three years, neglect to have '"'"'•
a settled minister, then the aforesaid fund shall be immediately
transferred, as a donation, to some charitable institution, to be
selected by the trustees.

Sect. 12. Be it further enactecL That the said trustees, L'a''ii'iy o'"

. trustees*

and each of them, shall be responsible to the parish for their per-
sonal negligence or misconduct, and be liable to a suit for any loss
or damage arising thereby, and the debt, or damage, recovered in
such suit to be for the use of the fund aforesaid ; and any trustee,
or trustees, so found guilty of misconduct, shall be incapacitated,
forever, from being one of said trustees. And when, from this or
any other cause, the number of the trustees shall be reduced to a
less number than four, a number sufficient to constitute a quorum
as aforesaid, shall be chosen by said first parish. [JMarch 3,
1S26.] Add. act, 1828 ch. 140.

An Act in addition to the Act relative to the boundary lines of the city of Boston, and ^y i OO

the town of Brookline. Cfiap 1 ZO.

BE it enacted by the Senate and House of Representatives, jg,,^ |^ ^q
in General Court assembled, and by the authority of the same.
That the tract of land annexed to the city of Boston by the act Land annexed
to which this is in addition, passed on the twenty-second day of to ward No. o.
February, in the year of our Lord one thousand eight hundred
and twenty-five, is hereby annexed to, and made a part of ward
No. 6, in said city, and shall so remain, until the divisions of the
wards of said city shall be altered by the city council or otherwise
according to law. [March 3, 1826.]

An Act in addition to an Act, entitled ''An Act to prevent the destruction of Oysters (^hnr) 129*
and other shell fish in this Commonwealth." 1

Sect. 1. BE it enacted by the Senate and House of Repre- 1795 ch. 71.
sentatives, in General Court assembled, and by the authority
of the same. That it shall and may be lawful for the inhabitants of inhabitants may
the town of Westport, in the county of Bristol, from time to determine the

, . 1 • • AT 1 A -1 1 • 1 manner ot

time, at then- annual meeting in iVlarcn or April, to determine and taking oysters.
order, by whom, and in what places, and in what quantities, and
on what condition, oysters may be taken in Acoxet river, within
the town aforesaid, and shall cause a copy of such order, attested
by the town clerk of said town, to be posted up in some public
place or places in said town, as the inhabitants, at their meeting
aforesaid, shall order ; and any person who shall violate such reg- Penalties,
ulations, upon conviction thereof, shall forfeit and pay a sum not
less than five nor more than ten dollars.

Sect. 2. Be it further enacted, That all forfeitures which Manner of
shall be incurred by virtue of this act, and shall be sued for, shall prosecutmg.
be sued in an action of debt, in the name of the treasurer of said
town of Westport, before any justice of the peace (not interested)
in said county of Bristol, and to the use of said town.

Sect. 3. Be it further enacted, That the Legislature may Legislative
at any time hereafter, amend or repeal this act. [Marcho, 1826.] control.

414

1825.-

-Chap. 130—131.

Chap ISO.

Persons incor-
porated.

Powers and
privileges.

First meeting.

An Act to incorporate tiie First Baptist Society in the town of Souihwick.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the auihority of
the same, That Rowland Laflin, Wait Easton, Ashbel Easton,
Jun., Cyrus Bill, Lewis D. Fowler, David Kent, Noble Camp-
bell, Josiali Kent, Jun,, Abijah Byins^ton, Eli Campbell, David
Loronsbury, Owen Campbell, .Tiistiis Kent, Elisba Parker, Bee-
bee Smith, Abner Johnson, Warren Byington, Lemuel Easton,
Josiah S. Knowles, Joel Moor, Erastus Brewer, Shubael Eas-
ton, Forest Barker, Almon H. Baker, Rodolphus Gillet, 2d,
and William Hosmer, with such as may hereafter associate with
them, be, and they hereby are incorporated into a religious society,
by the name of the First Baptist Society in Souihwick, with all
the privileges, powers and immunities to which religious societies
are entitled by the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That any justice of the
peace for the county of Hampden, be, and he hereby is, authori-
zed to issue his warrant, directed to any member of said society,
requiring him to warn the members of the said society to as-
semble at some suitable time and place in said Southwick ; then
and there to choose such officers for said society, as they shall
see fit, and to transact such other business as may be deemed
necessary. [March 3, 1826.]

ChciT) 131. "'^" ^^'^ '" ^''<^''''°" '° 3" 3<^'> entitled, " An Act to incorporate the Salisbury Wool
-' * len manufacturing (,^ompany."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the Salisbury Woollen ^Manufacturing Company
may, at any time hereafter, increase their capital stock to a sum
not exceeding five hundred thousand dollars ; and that they may
be lawfully seized and possessed of such real and personal es-
tate, not exceeding that sum, as n)ay be necessary or conven-
ient for carrying on the several manufactures, which, by virtue
of this act, and of that to which this is in addition, they may be
authorized to carry on : provided, hoicever, that the real estate of
said corporation shall not, at any time, exceed the sum of two
hundred and fifty thousand dollars.

Sect. 2. J3e it further enacted. That the said company, in
addition to their present powers, may, and they are hereby au-
thorized to manufacture machinery, and also linen, cotton, and
iron, into such fabrics, and after such manner as they shall
deem expedient.

Sect. 3. Be it further enacted. That the said corporation
shall hereafter be known and called by the name of the " Salis-
bury Manufacturing Company," and by that name shall be liable
to all the duties and obligations, and entitled to all the rights and
privile2;es, they are now liable or entitled to. [March 3.
1826.]'

1822 eh. 30.

Increase of cap-
ital stock.

Proviso.

Further powers
granted.

Name altered.

1825. Chap. 132—133. 415

All Act to eslablisli the Ilampden and IJerksliire Turnpike Corporation. C^hflT) 1 ^2

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Elisha Pinny, Jos. A. Root, Oliver Watson, Persons incor-
Lutlier Laflin, Avery Tracy, Lemuel Boise, Waterman Carter, poratcd.
James Watson, John F. Collister, William Phelps, Reuben
Bradley, Charles Sprague, Seth Root, Liberty Lyman, Isaac
Lloyd, Orrin Sage, Timothy L. Hatch, Lewis B. Barnes, and
Eli Hall, together with such others as have associated, or may
hereafter associate with them, their successors and assigns, be,
and hereby are made a corporation, by the name of the Hamp-
den and Berkshire Turnpike Corporation, for the purpose of
making a turnpike road from the turnpike near the house of John
A. Mallory, Jr., in Russell, in the best direction to the village
in Blandford, thence in the best course near the house of John
Collister, to meet the Becket turnpike, near the house of Kin-
dall Baird, in Becket, and shall have all the powers and privi- Powers and du-
leges, and be subject to all the duties, requirements and penal- ^^^^'
ties prescribed and contained in an act entitled " an act defining isoich. 125.
the general powers and duties of turnpike corporations," and
the several acts in addition thereto, except so far as the same
are altered by the provisions of this act.

Sect. 2. Be it further enacted, That said road shall be Widihofroad.
laid out, not less than four rods in width, and the travelled path
of the same shall not be less than eighteen feet.

Sect. 3. Be it further enacted. That the court of gene- Committee to
ral sessions of the peace within the county of Hampden, are c^PPO""^'-
hereby authorized and empow'ered upon the application of said
corporation, to appoint a committee of five disinterested free-
holders, either in said county of Han)pden, or Berkshire, or
in both, who shall be invested with all the authority contained
in an " act defining the general powers and duties of turnpike
corporations," and the several acts in addition thereto. [JVIarch
3, 1826.] Add. act, 1832 ch. 40.

An Act to annex a certain Tract of Land to the town of Grafton. CllCll) 133.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the cmthority of the same.
That Tarrent Merriam and his family, together with a certain Description of
tract of land, situated in the town of Shrewsbury, containing '^"'* ''""^^^'^'
about one hundred and eighty-six acres, more or less, chiefly
owned by said Merriam, and bounded as follows, to wit : on
three sides by the town of Grafton, and on the fourth side by a
line beginning at a point in the boundary line of said Grafton,
where the corners of one Jasper Rand's land and of the said
Merriam's land meet, and on the east side of one Elijah Brook's
land, and thence running east ten degrees south, thirty-seven
rods, to the road leading from said Grafton to said Shrewsbury,
thence easterly on said road until it comes to said Merriam's
land on the north side, thence east twenty-seven degrees north,
one hundred and twenty-five rods, thence east eight degrees
north, to a corner of the north boundary line of said Grafton, be

416

1825.-

-Chap. 133—135.

C/W/?134.

Persons incor-
porated.

and the same are hereby set off from said Shrewsbury, and an-
nexed to said Grafton, and they shall forever, hereafter, be sub-
ject to all the duties, and entitled to all the privileges of inhabi-
Proviso. tants of said Grafton : provided, howevei', that said Merriam, and
the other owners of said tract of land, shall be holden to pay
all taxes that have been lawfully assessed upon them, by said
Shrewsbury, previous to the passing of this act. [Marcli 3,
1826.]

An Act to incorporate the Bridgewater Trinitarian Congregational Church.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority
of the same, That Jason Dyer, Ezra Fobes, Oliver Keith,
Rufiis Wood, Zephaniah Caswell, John Conant, Seth Conant,
Oliver Conant, Theophikis Wentworth, Levi Leach, Oliver
Allen, Jr., Simeon Wilbur, Morton Eddy, Ebenezer Gay, Cor-
nelius Holmes, Jr., and their associates, be, and hereby are in-
corporated, and made a body politic, by the name of the Trin-
itarian Congregational Church in Bridgewater, and shall have
power to make and use a common seal, and the sanie to break
and alter at their pleasure, and to make such by-laws for the
orderly direction of the business of said body politic, as shall
not be repugnant to the constitution and laws of this Common-
wealth.

Sect. 2. Be it further enacted, That said body politic may
hold property, real or personal, or both, to the amount of ten
thousand dollars, for the purpose of supporting, with the income
thereof, the preaching of the gospel, and for other benevolent and
religious purposes ; and the property which may be hereafter held
by said body politic, subject to all the conditions, and under all
the trusts that may be annexed to such bequests and gifts by the
donors thereof.
First meetin"-. Sect. 3. Be it further enacted, That said body politic shall
at their first meeting elect a clerk, a treasurer, and a committee
of three, with such powers as shall be prescribed by the by-laws
of said body politic, and that the first meeting thereof may be
called by Cornelius Holmes, Jun., above named, by posting a
notification thereof eight days before the time appointed for such
meeting, in the meeting-house of the Trinitarian Society in
Bridgewater.

Powers.

Property.

[March 3, 1826.]

Chap 1 35

Persons incor-
porated.

Powers and du
ties.

An Act to incorporate the Proprietors of the Hampden Brewery.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William F. Wolcott, Elisha Curtis, John B.
Kirkhain, Stephen Warren, Jun., Edmund Allen, Jun., Ithamar
Goodman, and Samuel H. Stebbins, their associates, successors
and assigns, be, and they hereby are made a corporation, by the
name of the Proprietors of the Hampden Brewery, for the pur-
pose of manufacturing and brewing ale, beer, and porter, at
. Springfield in the county of Hampden ; and for this purpose
shall have all the powers and privileges, and be subject to all

1825. Chap. 135—137. 417

the duties and requirements contained in an act, passed on the
third day of March, in the year of our Lord one thousand eight
hundred and nine, entitled "an act defining the general pow- 1808 ch. 65.
ers and duties of manufacturing corporations," and in the several
acts supplementary thereto.

Sect. 2. Be it further enacted, That the said corporation Heal and per-
niay be lawfully seized and possessed of such real estate, not ex-
ceeding the value of thirty thousand dollars, and such personal
estate, not exceeding the value of fifty thousand dollars, as may
be necessary and convenient for carrying on the manufacture afore-
said. [March 3, 1826.]

An Act to discontinue a part of the Turnpike Road of the Hartford and Dedham (^flttj) 1 36.

Tunipiiie Corporaiion. -*

BE it enacted by the Senate and House of Representatives., in (v. 3. p. 410.)
General Court assembled, and by the authority of the same. That iso8ch. 54.
r J r. .1 • r .1 • . 1 r .1 -J . 1812 ch. 91.

irom and after the passing 01 this act, so much 01 the said turn- „ , ,-

., I !• I T-»- 1 1 I I 1 K-oad discontm-

pike road, as lies between Jritts head, near the court-house, and ued.
Sabin Bakers' dwelling-house, in Dedham, in the county of
Norfolk, be discontinued, and that said corporation be exone-
rated from all liability to support the same, saving nevertheless
to the public all improvements which have been made in the same
by said corporation, and leaving all rights to the road and liabili-
ties to support the same, as they existed at the time of the estab-
lishment of said turnpike corporation. [J\Iarch3,1826.'\ Add.
act, 1836 ch. 209.

An Act to establish the Wilkinsonville Turnpike Corporation. r^Imrt 1 "^7

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives. in General Court assembled, and by the authority of
the same, That David Wilkinson, Nahum Harrington, Orra Persons incor-
Goodall, Caleb Burbank and John Morse, together with such pof^ted.
others as have associated, or may hereafter associate with them,
their successors and assigns, be, and they hereby are made a
corporation, by the name of the Wilkinsonville Turnpike Cor-
poration, for the purpose of making a turnpike road from the
bend in the road near Benjamin Fay's house, in Wesiborough,
thence in the best direction to the farm school-house in Grafton,
thence to the dwelling-house of the late Abner Temple, in said
Grafton, deceased, thence to the Wilkinsonville factory in Sut-
ton, thence to or near Asa Woodbury's blacksmith's shop in said
Sutton, and shall have the right to erect one gate, and receive
such rates of toll as are or may be provided by law, for one
whole turnpike gate, and shall have all the powers and privileges, Powers and
and shall also be subject to all the duties, requirements and pen- <^""*''*-
allies, prescribed and contained in an act entitled "an act defining 1804 ch. 125.
the general powers and duties of turnpike corporations," and the
several acts in addition thereto.

Sect. 2. Be it further enacted, That if the corporation Provision in fa-
aforesaid shall locate their toll gate on a town road leading from t^ams^ofGrtfton.
the late Abner Temple's, to Ephraim Goulding's in said Graf-
voL. VI. 53

418

1825.

-Chap. 137—140.

ChaplSS.

1798 ch 83,
(v. 2. p. 295.)
1800 ch. 30, 34,
48. (v. 2. p. 404,
405,414.)

1802 ch. 66.
(v.3. p. 77.)

1803 ch. 23.
(v.3. p. 217.)
1810 ch. 39.
1815 ch. 20.

Chap 139,

1811 ch. 82, 86.

Increase of cap-
ital stock au-
thorized.

Proviso.

Subject to same
tax &c. as pre-
sent capital is.

ChapUO.

1825 ch. 2.

Wood-cutters
shall not keep
fires in their
cabins in the
woods.

Recovery of
penalties.

ton, the inhabitants of the said town of Grafton shall at all times
have the privilege of passing said gate free from toll. [JMarcho,

1826.]

An Act in addition to the several Acts eslablisi)ing the Fifth Massachusetts Turnpike
Corporation.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the toll gate of the Fifth Massachusetts Turnpike Corpora-
tion, situated in Fitchburg, in the county of Worcester, be, and
the same hereby is audiorized and established where the same is
now erected. And the said corporation, from and after the
passing of this act, may demand and receive tolls at said gate,
and collect penalties for forcing said gate, as the said corpora-
tion may do at their other gates on said road. [J)/arc/i3, 1826.]

An Act in addition to an Act, entitled " An Act to incorporate the President, Directors
and Company of the Merchants' Hank, in Salem."

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That the President, Directors and Company of the
Merchants' Bank, in Salem, be, and they hereby are authorized
and empowered to increase their present capital stock, by an ad-
dition of one hundred thousand dollars thereto, in shares of one
hundred dollars each, which shall be paid in, in such instalments,
and at such times, and shall be so disposed of, as a majority of
stockholders, at any legal meeting, may direct and determine :
provided, however, that the whole amount thereof shall be paid
in, on or before the first Monday of June next ensuing.

Sect. 2. Be it further enacted, That the additional stock
aforesaid shall be subject to the like tax, regulations, restrictions
and provisions, as the capital stock of said corporation is now
liable to, by virtue of the act to which this is in addition. [^J^Iarch
3, 1826.] Add. act, 1830 ch. 58.

An Act in addition to an Act, entitled " An Act to preserve the Forests and Wood
Lands from Fire, in the town of Sandwich, in the county of Barnstable."

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That from and after the first day of April, to the first
day of October, in each year, it shall not be lawful for any per-
son or persons to place, keep or maintain any fires in the huts or
cabins of the wood-cutters in the woods of said town of Sand-
wich, under the penalty provided in the fifth section of the act to
which this is in addition.

Sect. 2. Be it further enacted, That the selectmen of said
town shall have the same powers, and be subject to the same
obligations, to enforce the execution of this law, and the penalty
for the violation of the same shall be recovered in the same man-
ner as is provided in the act to which this is in addition. [^.March
3, 1826.]

1825. Chap. 141. 419

An Act to incorporate the Middlesex JVIutual Fire Insurance Company. CKCLJ) 141.

Sect. 1. BE it enacted by tlte Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Daniel Richardson, Elias Pliinney, John Farwell, Persons incor-
Josiah Davis, Joseph Butterfield, Daniel Shaituck, Robert Brin- P"'^'^"^-
ley, Samuel Burr, Peter Wellington, Calvin Thomas, Lemuel
Shattuck, Peter O. Wellington, Abel Moore, Daniel Taylor,
William Adams, Jun., Josiah Bartlett, and all other persons,
who may hereafter become members of said company in the
manner herein prescribed, be, and they hereby are incorporated,
and made a body politic, by the name of the Middlesex Mutual
Fire Insurance Company, for the purpose of insuring their re-
spective dwelling-houses, stores, shops, and other buildings,
household furniture, and merchandise,* against loss or damage [*A1I kinds of
by fire, whether the same shall happen by accident, lightning, or eny"i827 ch!"
by any other means, excepting that of design in the assured, or I3S.]
by the invasion of an enemy, or insurrection of the citizens of
this, or of any of the United States, and by that name may sue Powers,
and be sued, plead and be impleaded, appear, prosecute and de-
fend, in any court of record, or other place whatever ; may have
and use a common seal, and may purchase, hold and convey any
estate, real or personal, for the use of said company : provided,
they shall not hold real estate exceeding the value of fifty thou- Real estate,
sand dollars, excepting such as may be taken for debt, or held as
collateral security for debts due to said company ; may make,
establish and put in execution such by-laws, ordinances and res- By-laws,
olutions as may seem necessary or convenient for their regulation
and government, and for the management of their affairs : pro-
vided, such by-laws, ordinances and resolutions be not repugnant
to the laws or constitution of the United States, or of this Com-
monwealth, and do and execute all such acts and things as may Limitation of
be necessary to carry into full effect the purposes intended by ""^ ^*^'-
this act, for twenty-eight years from and after the passing of this
act.

Sect. 2. Be it further enacted, That all and every person Membership.
and persons, who shall, at any time, become interested in said
company, by insuring therein, and also their respective heirs,
executors, administrators and assigns, continuing to be insured
therein, as herein after provided, shall be deemed and taken to be
members thereof, for and during the terms specified in their re-
spective policies, and no longer, and shall at all times be con-
cluded and bound by the provisions of this act.

Sect. .3. Be it further enacted, That there shall be a meet- Annual meet-
ing of said company, at Concord, in the county of Middlesex '"^"
aforesaid, on the Tuesday next following the second Monday of
March, annually, or on such other day as said company may
hereafter determine, at which meeting shall be chosen, by a ma-
jor vote of the members present, a board of directors, consisting
of not more than nine, nor less than five members, who shall Number of di.
continue in office until others shall have been chosen, and accept- '■^'='<""s-
ed the trust in their stead ; all vacancies happening iii said board

420

1826.-

-Chap. 141.

Powers and du-
ties of the direc-
tors.

Election of

president.

Deposit of pro-
missory note.

Company to
have a lien on
property insur-
ed.

may be filled by the remaining members unlil the next annual
meeting ; and a majority of the whole number chosen shall con-
stitute a quorum for the transaction of business. Special meet-
ings of said company may be called, by order of the directors, or
in such other manner as the by-laws thereof may have prescribed.

Sect. 4. Be it further enacted. That the board of directors
shall superintend the concerns of said company, and shall have
the management of the funds and property thereof, and of all
matters and things thereunto relating, not otherwise provided for
by said company ; they shall have power, from time to time, to
appoint a secretary, treasurer, and such other officers, agents and
assistants, as to them may seem necessary, and prescribe their
duties, fix their compensation, take such security from them as
they may deem necessary for the faithful performance of their
respective duties, and may remove them at pleasure. They
shall determine the rates of insurance, the sum to be insured on
any building, not exceeding three fourths of its value, and the
sum to be deposited for the insurance thereof. They shall order
and direct the making and issuing of all policies of insurance, the
providing of books, stationary and other things needful for the
office of said company, and for carrying on the affairs thereof;
and may draw upon the treasurer for the payment of all losses
incurred in transacting the concerns of said company. They
shall elect one of their own number to act as president, and may
hold their meetings as often as necessary for transacting the busi-
ness of the company, and shall keep a record of their proceed-
ings ; and any director disagreeing with a majority of the board,
at any meeting, may enter his dissent, with his reasons thereof,
on record.

Sect. 5. Be it further enacted, That every person who
shall become a member of said company by effecting insurance
therein, shall, before he receives his policy, deposit his promisso-
ry note for such sum of money as shall be determined by the di-
rectors, a part, not exceeding five per cent, of which said note shall
be immediately paid, for the purpose of discharging the incidental
expenses of the institution, and the remainder of said deposit note
shall be payable in part or the whole, at any time when the di-
rectors shall deem the same requisite for the payment of losses,
or other expenses ; and at the expiration of the term of insurance,
the said. note, or such part of the same as shall remain unpaid,
after deducting all losses and expenses occurring during said term,
shall be relinquished and given up to the signer thereof.

Sect. 6. Be it further enacted, That every member of said
company shall be, and hereby is bound and obliged to pay his
proportion of all losses and expenses happening or accruing in
and to said company ; and all buildings insured by and with said
company, together with the right, title and interest of the assured
to the lands on which they stand, shall be pledged to said com-
pany, and the said company shall have a lien thereon against the
assured, during the continuance of his, her, or their policies.

Sect. 7. Be it further enacted, That in case of any loss or

1825. Chap. 141. 421

damage by fire, liappening to any member, upon properly insured in case of loss
in and with said company, the said member shall give notice "?)g^® '° ^"^
thereof, in writing, to the directors, or some one of them, or to
the secretary of said company, within thirty days from the time
such loss or damage may have happened ; and the directors, upon
a view of the same, or in such other way as they may deem
proper, shall ascertain and determine the amount of said loss or
damage ; and if the party suffering is not satisfied with the deter-
mination of the directors, the question may be submitted to ref-
erees, or the said party may bring an action against the company for
said loss or damage, at the first court in said county of Middlesex,
competent to try the same ; and if upon trial of said action, a
greater sum shall be recovered than the amount determined upon
by the directors, the party snffering shall have judgment therefor
against said company, with interest thereon, from the time said
loss and damage happened, and costs of suit ; but if no more shall
be recovered than the amount aforesaid, the said company shall
recover their costs : provided^ hotvever^ that execution shall not Execution
issue on any judgment against said company until after the expi- *'^^^
ration of three months from the rendition thereof.

Sect. 8. Be it further enacted. That the directors shall, Apportionment

f. .. . "^ f. , , in -ii and collection

alter receiving notice ot any loss or damage by nre, sustained by of assessments,
any member, and ascertaining the same, or after the rendition of
any judgment, as aforesaid, against said company, for such loss
or damage, settle and determine the sums to be paid by the sev-
eral members thereof, as their respective portions of such loss,
and publish the same, as they shall see fit, or as the by-laws shall
have prescribed ; and the sum to be paid by each member, shall
always be in proportion to the original amount of his deposit note
or notes, and shall be paid to the treasurer, within thirty days
next after the publication of said notice; and if any member shall
for the space of thirty days after such notice, neglect or refuse to
pay the sum assessed upon him, her, or them, as his, her, or their
proportion of any loss, as aforesaid, in such case the directors
may sue for and recover the whole amount of his, her, or their Directors may
deposit note or notes, with costs of suit ; and the money thus ''"^'
collected, shall remain in the treasuiy of said company, subject
to the payment of such losses and expenses as have, or may
thereafter accrue ; and the balance, if any remain, shall be re-
turned to the party from whom it was collected, on demand,
after thirty days from the expiration of the term for which insur-
ance was made.

Sect. 9. Be it further enacted, That if it shall ever so Sufferers to re-
happen, that the whole amount of deposit notes should be insuf- tio'nai duldend
ficient to pay the loss occasioned by any one fire, in such case, ifpremium

,1 ^ ' •' . , , . , I 11 • 1 notes are msuf-

tne sufierers insured by said company, shall receive, toward ficient to pay
making good their respective losses, a proportional dividend of '"ss.
the whole amount of said notes, according to the sums by them
respectively insured ; and, in addition thereto, a sum to be as-
sessed on all the members of said company, not exceeding fifty
cents on every hundred dollars by them respectively insured,

422

1825.-

-Chap. 141.

Policy of insur-
ance.

Directors sliall
pay losses or
repair.

Proviso.

Policy to l>e
void on aliena-
tion of estate
insured.

Proviso.

Alterations in-
creasing risk to
vacate policy.

and the said members shall never be required to pay for any loss,
occasioned by fire, at any time, more than fifty cents on each
hundred dollars insured in said company, in addition to the amount
of his deposit note, nor more than that amount for any such loss,
after his said note shall have been paid in and expended ; but
any member, upon paynient of the whole of his deposit note,
and surrendering his policy, before any subsequent loss or ex-
pense has occurred, may be discharged from said company.

Sect. 10. Be it further enacted^ That the said company
may make insurance for any term not exceeding ten years, and
any policy of insurance, issued by said company, signed by the
president, and countersigned by the secretary, shall be deemed
valid and binding on said company.

Sect. 11. Be it further enacted. That the directors shall
settle and pay all losses, within three months after they shall
have been notified, as aforesaid, unless they shall judge it proper,
within that time, to rebuild the house, or houses, destroyed, or
repair th.e damages sustained, which they are hereby empowered
to do, in convenient time : provided, they do not lay out, and
expend, in such building, or repairs, more than the sum insured
on the premises.

Sect. 12. Be it further enacted, That when any house,
or other building, shall be alienated, by sale, or otherwise, the
policy shall, thereupon, be void, and be surrendered to the direc-
tors of said company, to be cancelled ; and, upon such siuTen-
der, the assured shall be entitled to receive his, her, or their
deposit notes, upon payment of his, her, or their proportion of
all losses and expenses that have accrued, prior to such surren-
der : provided however, that the grantee or alienee, having the
policy assigned to him, may have the same ratified and confirmed
to him, her, or them, for his, her, or their own proper use and
benefit, upon application to the directors, and with their consent,
within thirty days next after such alienation, on giving proper
security, to the satisfaction of said directors, for such portion of
the deposit or premium note as shall remain unpaid, and by such
ratification and confirmation, the party causing the same, shall be
entitled to all the rights and privileges, and subject to all the lia-
bilities to which the original insured was entitled and subjected
under this act.

Sect. 13. Be it further enacted, That if any alteration
should be made in any house or building, by the proprietor
thereof, after insurance has been made thereon, with said com-
pany, whereby it may be exposed to greater risk or hazard,
from fire, than it was at the time it was insured, then, in every
such case, the insurance made upon such house, or building,
shall be void, unless an additional premium and deposit, after
such alteration, be settled with, and paid to, the directors , but
no alterations or repairs, in buildings, not increasing such risk or
hazard, shall, in any wise, affect the insurance previously made
thereon.

1825. Chap. 141—142. 423

Sect. 14. Be it further enacted, That in case any buildine p<^;^^riK\\on o(

, ., ,. . , '^ , 111 1 • 1 I • I buildings siluat-

or buildings, situated on leased lands, and insured by said com- ed on leased
j)any, be destroyed by fire, and the owner or owners thereof '^'"'s-
shall prefer to receive the amount of such loss in money, in such
case the directors may retain the amount of the premium note,
given for the insurance thereof, until the time for wliich insurance
was made, shall have expired, and at the expiration thereof, the
assured shall have a right to demand and receive such pari of
said retained sum, or sums, as has not been expended in losses
and assessments.

Sect. 15. Be it further enacted, That if insurance on any Double insur-
house, or building, shall be and subsist in said company, and in ^"'^'^'
any other office, or from and by any other person or persons, at
the same time, the insurance made in and by said company, shall
be deemed and become void, unless such double insurance sub-
sist, with the consent of the directors, signified by endorsement,
on the back of the policy, signed by the president and secretary.

Sect. 16. Be it further enacted, That the said Daniel First meeiiiig.
Richardson, Elias Phinney, John Farwell, Joseph Butterfield,
Josiah Davis, and Daniel Shattuck, or either two of them, may
call the first meeting of the members of said company, at any
suitable time and place, by advertising the same in the newspa-
per printed at Concord, and also in the Independent Chronicle
and Boston Patriot, and in the Columbian Centinel, printed in
Boston, giving, at least, ten days notice of the time, place and
design of said meeting, for the purpose of choosing the first
board of directors, of making and establishing by-laws, and of
transacting any business, necessary and proper to carry into ef-
fect the provisions and intentions of this act : provided however, proviso.
that no policy shall be issued by said company, until application
shall be made for insurance on two hundred thousand dollars, at
least.

Sect. 17. Be it further enacted. That the said Middle- Liability to be
sex Mutual Fire Insurance Company shall be liable to be taxed '=>-''<2''-
by any general law, providing for the taxation of all similar cor-
porations. [March 3, 1S26.] Add. acts, 1827 ch. 136 :
1833 ch. 72.

An Act to authorize the United Slates Insurance Company to reduce their Capital. (JflClt) 142.

BE it enacted by the Senate and House of Representatives, 1824 ch. 132.
in General Court assembled, and by the authority of the same, 1825 ch. 10.
That the United States Insurance Company be, and they Capital reduc-
hereby are authorized, to reduce their capital stock to the sum
of two hundred thousand dollars, to be vested and restricted
in the same way as the said company were authorized and re-
quired to do by their act of incorporation, passed the twenty-
sixth day of February, in the year of our Lord one thousand
eight hundred and twenty-five : provided, that no contracts what-
ever, heretofore made by said corporation, shall be in any way
affected or impaired by said reduction. [JUarch 3, 1826.]

424

1825.-

■Chap. 144—147.

1822 ch. 27.

1823 ch. 77.

Power of coin-
missiouers.

To estimate
damages.

ChapUl.

1821 ch. 115.

Persons incor-
porated.

Authorized to
build a free
bridge.

Proviso.

Toll not to be
taken.

An Act in addition to an Act entitled an " Act to incorporate the Blackstone Canal
Company."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That the commissioners, appointed and to be appoint-
ed, under the eighth section of the act to vvliichthis is in addition,
be, and they hereby are, authorized to appraise all damages ac-
cruing to any person or persons, corporation or corporations, by
reason of flowing his, her or their land by said Canal Company,
for their use ; also to appraise all damages accruing to any peison
or persons, corporation or corporations, by reason of the deten-
tion or diversion of any water from said person or persons, cor-
poration or corporations, who may have legal right to the same.

Sect. 2. Be it further enacted, That said commissioners,
in appraising the damages aforesaid, shall be subject to the duties
and regulations in said eighth section specified, in lelaiion to the
appraisals therein mentioned : provided, nevertheless, that if any
person or persons, corporation or corporations, sustaining dam-
ages as aforesaid, shall not file his, her or their claim for the
same, with some one of the commissioners aforesaid, or with
the clerk of the court of sessions for the county of Worcester,
within one year from and after the flowing, detention or diversion
as aforesaid, they shall forever after be barred from recovering
any thing for their damages aforesaid. [J^Iarch 4, 1826.] Add.
act, 1826 ch. 74.

An Act establishing a Free Bridge in the Cil}' of Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Nathaniel Whittemore, Noah Brooks, Cyrus
Alger, William Wright, Adam Bent, David Henshaw, Jona-
than Hunewell, Francis J. Oliver, Samuel K. Williams, and
Hall J. Howe, and their associates, successors and assigns, be,
and they hereby are, constituted a corporation, by the name of
the Boston Free Bridge Corporation, with all the powers and
privileges, and subject to the restrictions usually incident to such
corporations in this Commonwealth.

Sect. 2. Be it further enacted. That said corporation be,
and they hereby are, authorized and empowered to build and
construct, or cause to be built and constructed, a free bridge,
with one or more suitable and sufficient draws, across the water,
and over the channel, in or near a direction in a straight line
from or near Sea street, in Boston, to the newly made land at
South Boston, and nearly in the direction of the Dorchester
turnpike, and to erect a wharf or pier on each side of said bridge,
near said draws, for the accommodation of vessels passing
through said bridge ; such bridge and w harves to be built in such
manner as the city government of Boston shall approve : pro-
vided, however, that said corporation shall be holden to make
compensation to any person, or corporation, whose land shall be
appropriated to the use of said bridge.

Sect. 3. Be it further enacted, That no toll or duty shall
ever be exacted or paid, for any travel over said bridge, or pass-

1825. Chap. 147. 425

iiig the draws of llie same ; and said corporation shall always be
held liable to keep said bi-idge and draws in good repair, and to
raise the draw of said bridge, and afford all necessary and proper
accommodation to vessels that have occasion to pass the same,
by night or by day, and shall l<eep said bridge sufficiently lighted ;
and if any vessel is nnreasonably delayed or hindered in passing Liable to action
said draw, by the negligence of said corporation, or their agents, jor ""reasona-
in discharging the duiies enjoined on them by this act, the own- vessels,
ers or commanders of such vessels shall recover reasonable dam-
age therefor, of said corporation, in an action on the case, before
any court proper to try the same ; and if the said corporation
shall not, within three years fiom the passing of this act, locate,
construct, build and complete said bridge, agreeably to the pro-
visions of this act, then this act shall be null and void : provided^
that whenever the city government of Boston shall assume the city of Boston
care and obligations of keeping said bridge in repair, li3;htins; the '"ay assume the

o .1 '^ . . ^ . , • 1 maintenance of

same, and providing facilities for raising said draw or draws, as said bridge, and
aforesaid, then the obliaiations hereby imposed on said corporation ^^ 'lah'e for

1 rr 1 n I II 1 II I 1 damages.

to that eiiect, shall be annulled, and the same shall devolve on
the said city government ; in which case, the damages mentioned
in this section, shall be sued for before any court proper to try
the same, In either of the counties of Middlesex or Essex. But
unless the city government shall assume the care and obligations
aforesaid, the said corporation, before commencing the building
of said bridge, shall furnish adequate security, to the satisfaction
of the said city government, for the due performance of the obli-
gations and duties imposed on said corporation by the provisions
of this act.

Sect. 4. Be it further enacted ^ That any person or corpo-
ration, whose lands may be taken for the purpose, and in the
manner, mentioned in the second section of this act, may apply,
it within one year from the time any such damage may have hap-
pened, to the court of common pleas, in the county of Suffolk,
for a committee to be appointed, to estimate the damage ; and
upon such application, the court, after thirty days notice to said Committee may
corporation, to appear and shew cause, why such committee estimrte"dlma"
should not be appointed, shall, if no good cause be shewn to the ges.
contrary, appoint three or five disinterested freeholders within
the county, at the expense of said corporation, which committee,
being first duly sworn before some justice of the peace, to be
nominated by said court, and giving due notice to both parties to
appear, (if they see fit) for a hearing before them, shall proceed
to the duties of their appointment ; and they shall first inquire,
whether any damage has been sustained from the causes afore-
said, and if any, shall estimate the same, and shall make return
of their doings as soon as may be, into said court, and upon ac-
ceptance of said report, judgment may be given thereon, with
reasonable costs to the party prevailing. Provided^ however^ that Eitiier party
either party, after the return of said report, may claim a trial by ^JY^'ur^'"*
jury, and the court thereupon shall stay judgment on said report,
and a trial shall be had by jury at the bar of said court, and if the

VOL. VI. 54

426

1825.

-Chap. 147—148.

Appeal to S. J.
Court.

City of Boston
may build said
bridge.

Repeal of act,
1824 eh. 113.

Chap\^S.

Persons incor-
porated.

Powers and
privileges.

Real and per-
sonal estate.

party applying for a jury shall not obtain (in case it be the origi-
nal applicant) an increase of damages, or in case it be the original
respondent, a decrease of the damages awarded by the commit-
tee, such party shall pay reasonable costs of such trial by jury,
otherwise shall recover reasonable costs, and upon any judgment
rendered upon the report of such committee, or the verdict of
such jury, the court may issue execution accordingly, and the
same, when it shall be against said corporation, unless satisfied
and paid within thirty days from the rendition of such judgment,
may be served and levied ujjon the goods or estate of any indi-
vidual member of said corporation, and an action of debt may be
maintained on such judgment ; and if upon notice to said corpo-
ration, as aforesaid, to shew cause why such committee should
not be appointed, said corporation shall appear, and deny the ap-
plicant's title to the land taken, or claim a right to do what is
complained of, without payment of damages, or for an agreed
composition, the court shall first order a trial of the issue at the
bar of said court, or if there be an issue in law, shall try it them-
selves ; and, in either case, either party may appeal to the su-
preme judicial court, as in other cases, and a certificate of the
determination of the supreme judicial court on such appeal, in
favor of the original applicant, shall be filed in said court of com-
mon pleas, before such committee shall be appointed.

Sect. 5. Be it further enacted, That if the city govern-
ment of Boston shall, within three months from the passing of
this act, determine, by a concurrent vote of both branches of the
said city government, to erect said bridge, they shall be at liber-
ty so to do, on the same terms and conditions as said Boston
Free Bridge Corporation are otherwise, by the provisions of
this act, authorized to erect the same.

Sect. 6. Be it further enacted, That an act passed on the
twenty-fifth day of February, in the year of our Lord one thou-
sand eight hundred and twenty-five, entitled, an act establishing
a free bridge in the city of Boston, be, and the same is hereby
repealed. [March4, 1826.] Add. acts, 1830 ch. 121 : 1831
ch. 46.

An Act to incorporate the Salem Mill Dam Corporation.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority oj
the same. That John Pickering, Benjamin W. Crowninshield,
Joseph Ropes, and John W. Treadwell, and their associates,
successors and assigns, be, and they hereby are made a body pol-
itic and corporate, by the name of The Salem Mill Dam Cor-
poration ; and by that name may sue and be sued, plead and be
impleaded, to final judgment and execution, and with power to
make and use a common seal, and the same to break and alter
at pleasure, and also to make by-laws for the regulation of the
affairs of the corporation : provided, the same be not repugnant
to the constitution and laws of this Commonwealth ; and also to
purchase and hold real and personal estate, not exceeding seven

1826. Chap. 148. 427

hundred thousand dollars, and to do and suffer all other acts and
things which bodies corporate may or ought to do and suffer.

.Sect. 2. Be it further enacted, That the said corpora- May build dams
tion shall have power to build across the North river, so called, with gateway,
in Salem, any dam or dams, of such dimensions, in such place
or places, and in such directions, as they shall deem requisite,
having a gateway in the channel of the river, of twenty-six feet [Gateway re-
wide, with a suitable pier, on each side of the dam, for the pas- fyXVfeetme
sage of vessels, and also gates, sluice-ways, and other things ch. 29.]
necessary for admitting and retaining the tide, and other waters
of said river, at the height of the spring tides, in such manner
as the said corporation may judge necessary, in order to obtain
a sufficient water power for tiie use of the said corporation, as here-
in after mentioned, and that the said North river shall be a full
basin. And the said corporation shall further have power, from
time to time, to build any dam or dams, of such dimensions, in
such places, and in such directions, as they shall deein requi-
site, from any of the lands or flats, lying on, or near Bridge
street, so called, in Salem, aforesaid, to any part or parts of the
neck, so called, with gates, sluice-ways, and other things, ne-
cessary to discharge and exclude the tide, and other waters ;
and further shall have power, from time to time, to build any
dam or dams, from Winter Island, so called, in Salem, to any
part or parts of the neck abovementioned, and to the lands or
wharves lying near or adjacent thereto, of such dimensions, in
such places, and in such directions, as the said corporation shall
deem requisite, and further shall have power to make any canal,
or canals, across Bridge street, so called, in Salem aforesaid. Make canals
and across the neck aforesaid, and other lands in the vicinity of and race-ways,
the lands and waters abovementioned ; and also to make, with-
in the limits aforesaid, any road or roads, wharves, piers, bridges,
causeways, raceways, or other erections, for the convenience of
navigation, or for the use of said corporation ; and the said cor-
poration may use, sell or lease, in such manner, and upon such
terms and conditions, as they shall, from time to time, deter-
mine, the whole, or any part of the said water power, or mill
privileges, which they may have by means of the waters afore-
said ; and no person shall use or dispose of any part of said
waters, for any mill or mills, without the consent of the said
corporation, or shall interrupt, obstruct or divert the said waters,
or in any other way injure the said corporation, in the prem-
ises.

Sect. 3. Be it further enacted, That any person sustain- Committee to
ing any damage by the building and making of said dams, or be appointed to
other erections, may apply, h within two years from the time ges.
when any such damage may have happened, to the court of
common pleas, holden within and for the county of Essex, for
a committee to be appointed to estimate the damage, unless the
parties shall agree to settle the same, by arbitration or other-
wise ; and upon such application, the court, after thirty days no-
tice to said corporation, to appear and shew cause why such

428 1825. Chap. 148.

committee should not be appointed, shall, if no good cause be
shewn to the contrary, aj)point three, or five, disinterested free-
holders, within tiie said county, which committee, being first
duly sworn, before some justice of the peace, appointed by
said court, and giving due notice to both parlies, to appear, if
they see fit, and be heard before them, shall proceed to the du-
ties of their appointment, and they shall inquire whether any
damage has been sustained from the causes aforesaid, and if any,
they shall estimate the same, and where the damage is annual,
they shall so declare the same in their report : and ihey siiall
also take into consideration, and set off against such damage,
any benefits and advantages which may result to the party com-
plainant, in consequence of the said mill dams, and other erec-
tions ; and if the said benefits shall be found to exceed, or to
equal, the said damages, then the said committee shall make their
report, that the complainant take nothing by his complaint ; and
they, or the major ])art of them, shall make return of their do-
ings, as soon as may be, into the said court ; and upon the ac-
ceptance of said report, judgment may be rendered, for the
Either party prevailing party, with reasonable costs : provided, nevertheless,
may claim a that either party, after the return of said report, may claim a
trial by jury ; and the said court shall, thereupon, stay judgment
on said report, and, upon such application, shall issue a warrant
to summon a jury, pursuant to the provisions of the act entitled
1795 ch. 74. "an act for the support and regulation of mills," and of the
several acts in addition thereto ; and the said jury shall inquire
into the damages, and estimate the same, if any ; and shall also
take into consideration, and set oft' against such damage, any
benefits which may result to the party complainant, in conse-
quence of the said mill dams, and other erections ; and if the
said benefits shall be found to exceed, or to equal, the said dam-
ages, then the said jury shall return their verdict for the respon-
dents, and judgment shall be rendered for the respondents for
costs. And if the party applying for a jury shall not obtain, in
case it be the original applicant, an increase of damages, or in
case it be the original respondent, a decrease of the damages
awarded by the committee, such party shall pay reasonable costs
of such trial by jury, otherwise shall recover reasonable costs ;
and upon any judgment rendered upon the report of such com-
mittee, or the verdict of such jury, the court may issue execu-
tion accordingly, and also from year to year, where the damages
awarded are annual, on motion of the party entitled thereto, and
an action of debt may be maintained on such jud2;ment. And
if, upon notice to said corporation, as aforesaid, to shew cause
why such committee should not be appointed, said corporation
shall appear, and deny the complainant's title to the land dama-
ged, or shall claim a right to do the acts complained of, without
the payment of damages, or for an agreed composition, the said
court shall first order a trial of the issue at the bar of said court.
Appeal to S.J. or if there is an issue in law, shall try it themselves; and in
Court. either case, either party may appeal to the supreme judicial

1825. Chap. 148. 429

court, as in other cases ; and a certificate of the determination
of the sn[)renie judicial court, on such appeal, in favor of tiic
original applicant, shall be filed in said court of common pleas,
before such committee shall be appointed, and where annual
damages are awarded by said committee, or said jury, and judg-
ment had accordingly, each party shall be entitled to apply to
said court of common pleas, for an increase or decrease ot said
damages ; and thereupon the same proceedings shall be had as
upon the original ai)plication.

Sect. 4. Be it further enacted^ That the capital stock of Shares.
said corporation shall be divided into five thousand shares, not
exceeding one hundred dollars each, certificates of which shall
be issued under the seal of said corporation, and be signed by
the president, and countersigned by the secretary thereof; and
the said shares shall be deemed and taken to be personal estate,
and may be transferred in such manner as the said corporation
shall determine.

Sect. 5. Be it further enacted^ That the friends or guar- Judge of Pro-
dians of any minors, or other persons, under legal incapacity, [jforize^/ua^di-
may, upon application to the judge of probate of said county, ans to dispose
be authorized, by bin), to dispose of, or relinquish to said cor- °jftg'oyfj,e'ir"
poration, or to their use, in such manner, and upon such terms wards.
and conditions, as the said judge shall, under all the circumstan-
ces of the case, think just and reasonable, any right, interest or
privilege of said minors, or other persons, in any of the flats or
waters aforesaid.

Sect. 6. Be it further enacted^ That the said corpora- Assessments.
tion, or its officers, duly authorized by its by-laws, may from
time to time, make assessments upon the shares subscribed
for, until the whole amount of the said capital stock shall be
paid in. And if the proprietor of any share shall neglect or re-
fuse to pay any assessment for the term of thirty days from the
time appointed therefor, the share or shares of such proprietor, Treasurer may
may be sold by public auction, notice of the time and place of s«-ii shares of

•', ,,.•''. , , ~ . , * . . delinquent pro-

such sale bemg given by the treasurer ot said corporation, in prietors.
one or more of the public newspapers, printed in Salem, afore-
said, ten days, at least, previous to the time appointed therefor,
and the proceeds of the sale shall be applied to the payment of
the assessments, due on the share or shares so sold, \\'\i\\ in-
terest and incidental charges ; and die surplus, if any, shall be
paid by said treasurer, to the former owner, or his legal repre-
sentatives, on demand ; and such sale shall give a good and
complete title to the purchaser of such share or shares, and he
shall receive a new certificate therefor : provided^ nevertheless^ Proviso.
that if, before the actual sale of any such share or shares, the
proprietor thereof shall pay the assessment due thereon, with in-
terest, from the time they became due, and all necessary and
reasonable charges, the sale shall not proceed.

Sect. 7. Be it further enacted^ That the persons above First meeting,
named, or any two of them, shall call the first meeting of said
corporation, by giving at least seven days notice of the time and

430

1825.-

-Chap. 148—150.

Election of
officers.

By-laws.
Provisos.

Limitation of
act.

place of such meeting;, in one or more of the Salem newspapers,
and at said meeting there shall be chosen, by a majority of votes,
a clerk, or secretary, who shall be duly sworn to record the do-
ings thereof; and any act or acts may be done for the purpose of
organizing the said corporation, and arranging its affairs, at which
meeting every person shall be entitled to one vote for each share
owned by him. And the number, powers and duties of the sev-
eral officers, agents and servants of said corporation, together
with the time and manner of choosing and appointing them, and
the number of votes to which the shares of each member of the
corporation shall entitle him at future meetings, may be regulated
by the by-laws : provided., however., that no meeting, as aforesaid,
shall be called, before one thousand shares shall be subscribed
for : and provided, also, that no proprietor shall be entitled to
more than twenty votes.

Sect. S. Be it further enacted. That if said corporation
shall not, within the term of five years from the passing of this
act, undertake the erection of any or either of said mill dams,
tiien this act shall be void.

Sect. 9. Be it further enacted, That if, at any time, the
said corporation shall use liie water power to be created as afore-
said, for the purpose of carrying on manufactures, the said cor-
poration shall be subject to all the duties and requirements, and
be entitled to all the powers and privileges contained in the act
entitled "an act defining the general powers and duties of man-
ufacturing corporations " : provided, however, that the members
of said corporation, in their individual capacity, shall in no wise,
he liable for any debts of said corporatioti, for a longer time than
one year after they shall have ceased to be members thereof, un-
less such debts shall, before the expiration of said term of one
year, be put in suit against such members. [JMarch 4, 1826.]
Add. act, 1826 ch. 29.

All Act in further addition to an Act, entitled "An Act to incorporate the Alerchants'
Insurance Company in Boston."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the Merchants' Insurance company in Boston be, and they
hereby are authorized to purchase, hold, and convey real estate,
as an investment of part of their capital stock, to an amount not
exceeding seventy-five thousand dollars, any thing in the act to
w hich this is in addition, to the contrary notwithstanding. [JMarch
4, 1826.] Add. acts, 1833 ch. 117 : 1836 ch. 31.

ChciT) 1 oO. An Act to incorporate llie President, Directors, and Company of the Bank ofNor-
■'■ folk, in Roxbury.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, 7'hat Henry Gray, H. A. S. Dearborn, Nathaniel
Dorr, Enoch Bartlett, Jonathan Dorr, B. F. Copeland, John
Lemist, Charles Hickling, David Dudley, John Bartlett, .Jona-
than Hunnewell, Benjamin Weld, and Thomas Simmons, their
associates, successors and assigns, shall be, and hereby are cre-

1808 ch. G3.
Proviso.

ChapUd.

181G ch. G6.
1817 ch. 96.
1819 ch. 12.

Persons incor-
porated.

1825. Chap. 150. 431

ated a corporation, by tlio name of the President, Directors, and
Company of the Bank of Norfolk, and shall so continue from the
third Monday in March, one thousand ei2;ht hnndred and twenty-six,
until tiie first Monday in October, which will be in the year of our
Lord one thousand eight hundred and thirty-one. And the said cor- iviviiep^cs and
poration shall always be subject to the rules, restrictions, limita- ''t'strictions.
tions, taxes, and provisions, and be entitled to the same rights,
privileges and immunities, which are contained in an act, enti-
tled, "an act to incorporate the president, directors, and com- isii cli. 84.
pany of the State Bank," excepting so far as the same are
modified or altered by this act, as fully and efTectually as if the
several sections of said act were herein specially recited and en-
acted : provided^ however^ that the amount of bills issued fi-om Proviso,
said bank, at any one time, shall not exceed the amount of the
capital stock actually paid in.

Sect. 2. Be it further enacted^ That the capital stock of Capital stock,
said corporation shall consist of the sum of two hundred thou-
sand dollars, in gold and silver, to be, besides such part as this
Conunonwealth may subscribe in manner herein after meniioned,
divided into shares of one hundred dollars each, which shall be
paid in manner following : that is to say, one fourth part thereof, wiien pai<i in.
on or before the first day of May next, one fourth part thereof
on or before the first day of August next, one fourth part thereof
on or before the first day of NovendDer next, and the residue on
or before the first day of February next ; and no dividend shall
be declared on the capital stock of said bank, until the whole
of said stock shall have been paid in, conformably to the provis-
ions of this act ; and the stockholders, at their first meeting, shall,
by a majority of votes, determine the mode of transferring and
disposing of said stock and the profits thereof, which being en-
tered in the books of said corporation, shall be binding on the
stockholders, their successors and assigns, until they shall other-
wise determine ; and the said corporation are hereby made capable Real estate.
in law to have, hold, purchase, receive, possess, enjoy, and retain
to them, their successors and assigns, lands, tenements, and heredi-
taments, to the amount of twenty-five thousand dollars, and no
more at any one time, with power to bargain, sell, dispose of and
convey the same by deed, under the seal of said corporation, and
signed by the president and two directors, and to loan and nego-
tiate their monies and effects by discounting on banking princi])les,
on such security as they may think advisable : provided^ how- Proviso.
ever, that nothing herein contained shall restrain or prevent said
corporation from taking and holding real estate in mortgage or on
execution, to any amount, as security for, or in payment of any
debts due to the said corporation : and jjrovided, further, that no
money shall be loaned, or discounts made, nor shall any bills or
promissory notes be issued from said bank, until the capital stock
subscribed, and actually paid in, and existing in gold and silver in
iheir vaults, shall amount to one hundred thousand dollars, nor
until said capital stock, actually in said vaults, shall have been Examination of
inspected and examined by three commissioners, to be ap- capital.
pointed by the governor for that purpose, whose duty it shall

432 1825. Chap. 150.

be, at the expense of the corporation, to examine the monies
actually existing in said vaults, and to ascertain by the oath of
the directors of said bank, or a majority of them, that said cap-
ital stock hath been bona fide paid in by the stockholders of
said bank, and towards payment of their respective shares, and
not for any other purpose ; and that it is intended therein to
remain as a part of said capital, and to return a certificate there-
of to the governor ; and no stockholder shall be allowed to bor-
row any money of said bank until he shall have paid in his full
proportion of the whole of said capital stock, as herein before
provided and lequired.
Location of Skct. 3. Be it further enacted, That the said bank shall be

''^"'^- established and kept in Dudley street, in the easterly jiart of

Number of di- Roxbury ', and the whole number of directors shall be nine, and
reciors. a majority of the board shall be inhabitants of said town, and no

loan or discount shall be made, nor shall any bill or note be issued
by said corporation, or by any person on their account, in any
other place than at the said bank.
Loans to the Sect. 4. Be it further enacted, That whenever the Legis-

Common- latiu'c shall require it, the said corporation shall loan to the Com-

monwealth any sum of money which shall be required, not ex-
ceeding ten per centum of the capital stock actually paid in, at
one time, reimbursable by five annual instalments, or any shorter
time, at the election of the Commonwealth, with the annual pay-
ment of interest at a rate not exceeding five per centum per
annum. Provided, however, that the Commonwealth shall never
stand indebted to said corporation, without their consent, for a
larger sura than twenty per centum of their capital then paid in.
First meeiing. Sect. 5. Be it further enacted. That the persons herein
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as thev may see fit to
appoint, by adveriising the same in the Norfolk Gazette, a news-
paper printed in Roxbury, for the purpose of making, ordaining
and establishing such by-laws and regulations, for the orderly
conducting the afl'airs of said corporation, as the stockholders
shall deem necessary : provided, the same be not repugnant to
the laws and constitution of this Commonwealth, and the choice
of the first board of directors, and such other officers as they
shall see fit to choose.
Common- Sect. G. Be it further enacted. That the Commonwealth

snilicVo^tiie '^" ''^^'^^ ''^^^ ^ i"'§'i^ whenever the Legislatiu-e shall make provision
capital stock, therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding one hundred thousand dollars, to be added to
the capital stock of said corporation, subject to said [such] rules,
regulations and provisions, as to the management thereof, as shall
be by the Legislature made and established.

Sect. 7. Be it further enacted. That whenever the Com-

may appoint moiiwealth shall subscribe to the capital stock of said corporation,

directors. Jn manner herein before provided for, in addition to the directors

by law to be chosen by the stockholders, the Legislature shall

1825. Chap. 150—151. 433

have a riglit, from liinc to lime, lo appoint a number of directors
to said bank, in j>roportion as the sum paid from the treasury of
the Commonvveahli shall be to the whole amount of stock actu-
ally paid into said bank, if at any lime hereafter they shall see fit
to exercise that right.

Sect. 8. Be it further enacled, That the cashier, before he cashier to
enters upon the duties of his office, shall give bond, with sureties s'^"^ '^o"^-
to the satisfaction of the board of directors, in a sum not less
than twenty thousand dollars, with conditions for the faithful dis-
charge of his office.

Sect. 9. Be it further enacted^ That the said corporation, Tax.
from and after the first day of May next, shall pay by way of tax
to the treasurer of this Commonwealth, for the use of the same,
within ten days after the first Monday of October and April an-
nually, the half of one per centum on the amount of stock which
shall actually have been paid in.

Sect. 10. Be it further enacted, That the said corporation Corporation
shall be liable to pay to any bona fide holder the original amount ''ahieiopay

f. r • I I I c ■ • 1 1 1 • I r original amount

oi any note ol said bank, counterieited or altered m the course ot of altered notes,
its circulation to a larger amount, notwithstanding such alteration,
and shall also be liable to pay to any bona fide holder the amount
ofanynoteof said bank counterfeited, excepting such note is
printed or iinpressed with the stereotype plate, and said corpo-
ration shall not, at any place, directly or indirectly, purchase, re-
ceive, pay, or exchange any bill or note of said bank, or of any
other bank incorporated within this Commonwealth, for any less
sum than the nominal value expressed in such bill or note.

Sect. 11. Be it further enacted^ That the capital stock of Capital stock
said bank, or any part of it, shall not be sold or transferred, dur- shall not be sold
mg the period oi one year nom the passing oi this act. And
in case the same shall not be put in operation within the year
aforesaid, it shall be void.

Sect. 12. Be it further enacted , That any committee spe- Committee
cially appointed by the Legislature for that purpose, shall have a of the Legisia-

. , •' ' ^ . .•' , ,^. r • 1 • 11 /. '"""^ "lay exam-

right to examine into the doings ot said corporation, and have tree ine into the do-
access to all their books and vaults, and if, upon such examination, '"gs of the bank,
it shall be found, and after a full hearing of said corporation thereon,
be determined, by the Legislature, that the said corporation have
exceeded the powers herein granted them, or failed to comply
with any of the rules, restrictions, or conditions in this act pro-
vided, this act of incorporation shall thereupon be declared to be
forfeited and void. [March 4, 1826.] Add. act, 1830 ch. 58.

An Act to change the names of the several persons therein mentioned. C^hfin 1^1

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Mark Alcock, of Boston, trader, may take the name of Names
Mark Allcut ; that Jonathan Gardner Brewer, a minor, son of changed.
Thomas Brewer, merchant, of Boston, may take the name of ^^^°^^-
Gardner Brewer ; that William Brown, of Boston, merchant,
may take the name of William Austin Brown ; that David Hale,

VOL. VI. 65

434 1825. Chap. 151.

of Boston, may take the name of David Ward Hale ; that Jane
Ann Hulchings, child of the late Fitz Edward Hatchings, of the
State of Illinois, and adopted child of William Hales, of Boston,
may take the name of Jane Ann Hiitchings Hales ; that Edmnnd
Wyatt Hairing, of Boston, hat manufacturer, may take the name
of Wyatt Harrington ; that Charles Jones, of Boston, may take
the name of Charles Faneuil Jones ; that William Kelton, of
Boston, may take the name of William Leeds Carlton ; that Ma-
ry Jane Kelton, wife of said William Kelton, may take the name
of Mary Jane Carlton ; and that their six children, all minors,
and under the age of twenty-one years, may take the name of Carl-
ton, viz. Elizabeth Stuart Kelton, may take the name of Eliza-
beth Stuart Carlton ; that William Tolman Kelton, may take the
name of William Tolman Carlton ; that Margaret Dommett Kel-
ton, may take the name of Margaret Dommett Carlton ; that
Harriet Maria Kelton, may take the name of Harriet Maria
Carlton ; that Daniel Filmore Kelton, may take the name of
Daniel Filmore Carlton ; that Sarah Jane Kelton, may take the
name of Sarah Jane Carlton ; that William Lang, Jun, of Bos-
ton, merchant, may take [the name] of William Bailey Lang ; that
Nancy Newman, of Boston, widow, may take the name of Ann
Jane Newman ; that Liidovicus Reed, of Boston, merchant, may
take the name of Henry Ludovicus Reed ; that Edward Ross
McLachlan, of Boston may take the name of Edward McLach-

Essex. Ian Ross — all of the county of Suffolk ; that Mary Bagley, a mi-

nor, child of Joseph Bagley, of Newburyport, deceased, may
take the name of Mary Lucy Bagley ; that John Mason Bird, of
Salem, may take the name of John Mason ; that Methuselah
Boynton, of Bradford, a minor, may take the name of Alfred
Boynton ; that Martha Davis, of Newburyport, may take the
name of Martha Ann Davis ; that Polly Davis, of Newburyport,
may take the name of Mary Wheelwright Davis ; that Samuel
Cloon Fortune, of Marblehead, may take the name of Samuel
Cloon ; that William Hewes Hunkings, of Beverly, may take
the name of William Hunkings Hewes ; that Aaron Kimball, a
minor, son of David Kimball, of Gloucester, may take the name
of John Stacy Kimball ; that Joseph Jackman, of Newbury, may
take the name of Joseph Noyes Jackman ; that John Knight, a
minor, son of Adams Knight, of Newbury, may take the name
of John Little Knight ; that Mark Newman, Jun., a minor, son
of Mark Newman, of Andover, may take the name of INIark Has-
kell Newman ; that Hannah Newman, a minor, child of the said
Mark Newman, may take the name of Hannah Haskell New-
man ; that Lucy Grafton Pickman, a minor, child of Dudley L.
Pickman, Esq., of Salem, may take the name of Catharine Saun-
ders Pickman ; that Peter Edmund Russell, of Marblehead, may
take the name of Edmund Peter Russell ; that Joseph Grafton
Treadwell, a minor, son of John W. Treadwell, of Salem, may
take the name of Joseph Treadwell Grafton — all of the county of

Middlesex. Essex ; that Roxalana Edmands, a minor, a child of Benjamin
Edmands, of Charlestov/n, may take the name of Roxalana

1825. Chap. 151. 436

Graves Edmands ; that Francis Cook Foxcroft, now resident at
Harvard College, son of Francis Augustus Foxcroft, late of Bos-
ton, merchant, may take the name of Francis Augustus Fox-
croft ; that Reuben Jones, of Concord, may take the name of
William Jones — all of the county of Middlesex ; that Catharine Worcester.
Sturgis Nye Peirce, a minor and orphan child, adopted by her
uncle, Baalis Bullard, of Uxbridge, may take the name of Cath-
arine Sturgis Nye Peirce Bullard ; that Richard Carter, son of
Oliver Carter, of Lancaster, may take the name of Richard
Bridge Carter ; that Henry Carter, the 2d, of Leominster, may
take the name of Henry Wadsvvorth Carter ; that James Carter,
the 2d, of Leominster, may take the name of James H. Carter;
that Charles Colburn, 2d, a minor, son of Elisha Colburn, of
Leominster, may the name of Charles Henry Colburn ; that Josi-
ah Johnson, 2d, of Leominster, may take the name of Josiah Clem-
mons Johnson ; that Dana Rugg, of Templeton, may take the
name of Francis Dana ; that Samuel W. Smith, of Barre, may
take the name of Warner Smith — all of the county of Worces-
ter ; that Nathaniel Weld Davis Crane, of Dorchester, may take Norfolk.
the name of Nathaniel Crane ; that Ezra Glover Spurr, of Quin-
cy, mariner, may take the name of Ezra Elijah Glover — both of
the county of Norfolk ; that Abraham Borden, 4th, of Troy, Bristol,
may take the name of Abraham G. Borden, that Isaac Hatha-
way, of Dartmouth, may take the name of Isaac Tobey Hatha-
way ; that Humphrey Howland, 2d, of Westport, may take the
name of Humphrey Daniel Howland ; that Reuben Jenney, of
New-Bedford, bricklayer, may take the name of Reuben Jen-
nings— all of the county of Bristol ; that Carlow Allen, only son Barnstable,
of Seth Allen, late of Falmouth, in the county of Barnstable,
may take the name of Seth Allen ; that Shove Howland, of Hampshire.
Amherst, may take the name of Warren Shove Howland ; that
Wright Strong, a minor, son of Hezekiah W. Strong, of said
Amherst, may take the name of Henry Wright Strong — both of
the county of Hampshire ; that Henry Hoyt, a minor, son of Franklin.
Elihu Hoyt, Esq., of Deerfield, in the county of Franklin, may
take the name of Henry King Hoyt ; that Sybil Hawk of West Berkshire.
Stockbridge, in the county of Berkshire, widow, may take the
name of Sybil Niles ; that Edward Prescott, of Boston, afore- Suffolk.
said, may take the name of Edward G. Prescott ; that Catharine Middlesex.
Francis, of Charlestown, in the county of Middlesex, may take
the name of her benefactor, Catharine Francis Eleanor Jackson ;
that Joseph Frothingham, 3d, of Salem, may take the name of Essex.
Joseph Augustus Frothingham. And the several persons herein
named, shall hereafter be called and known by the names, which
by this act, they are respectively allowed to assume as aforesaid,
and the same shall be considered as their only proper and legal
names. {March 4, 1826.]

436

1825.-

-Chap. 154—156.

Chap 154..

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

Chap 1 55.

1824 ch. 148.

Chap 156.

Persons incor-
porated.

Powers.

Real estate.
Shares.

Annual meet-
ing, and elec-
tion of officers.

An Act to incorporate the Pawiuckel Calico Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That David Wilkinson, Jabel Ingialiani, Barney
Merry, and Simmons L. Hale, with such other persons as al-
ready have, or hereafter may associate with them, their succes-
sors and assigns, be, and they hereby are made a corporation,
by the name of the Pawtucket Calico JNIanufacturing Company,
for the purpose of manufacturing calico, and other cotton goods,
and for such purposes shall have all the })Owers and privileges,
and be subject to all the duties and requirements, contained in an
act passed the third day of March, in the year of our Lord one
thousand eight hundred and nine, entitled "an act defining the
general powers and duties of manufacturing corporations," and
the several acts in addition to the same.

Sect. 2. Be it further enacted, That the said corporation
may be lawfully seized and possessed of such real estate, not ex-
ceeding the value of two hundred thousand dollars, and such per-
sonal estate, not exceeding the sum of two hundred thousand
dollars, as may be necessary and convenient for the purposes
contemplated in this act of incorporation. [JMarch 4, 1826.]

An Act in addition to an Act, entitled " An .\ct to incorporate the President, Directors
and Company of the Sunderland Bank."

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the President, Directors and Company of the Sunderland
Bank be, and they are hereby authorized to issue bills from said
bank, at any time, to the amount of their capital stock actually
paid in, instead of half that amount, as now provided. [JMarch
4, 1826.] Add. acts, 1830 ch. 149: IS31 ch. 19.

An Act to incorporate the Proprietors of the First Baptist Meeting-house in Lowell.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Artemas Young, William D. Mason, Nathan Oli-
ver, and others who have associated, or may hereafter associate
with them, for the purpose of building a meeting-house, their
successors and assigns, be, and they are hereby made a corpora-
tion and body politic, by the name of the Proprietors of the First
Baptist Meeting-house in Lowell, and by that name may sue and
be sued, and may have a common seal, and may also ordain and
establish such by-laws and regulations, as to them shall seem
necessary and convenient, for the government of said corporation :
provided, such by-laws and regulations shall not be repugnant to
the constitution and laws of this Commonweahh ; and may pur-
chase and hold real estate, the annual income of which shall not
exceed two thousand dollars ; and the shares of the said corpo-
ration shall not be less than fifty, nor more than one hundred, in
number.

Sect. 2. Be it further enacted, That a meeting of said
corporation shall be holden annually, on the second Monday of

1825. Chap. 156—157. 437

March, at which meeting the said proprietors shall, by ballot,
elect five trustees, one of whom shall be president, and any three
of whom shall constitute a quorum for transacting business, a
treasurer, who shall also be collector, and a clerk, who shall re-
spectively be sworn to the faithful discharge of the duties of their
offices ; and at all meetings of said corporation, each proprietor,
or his agent, duly authorized in writing, shall have a right to vote,
and be entitled to as many votes as he holds shares : provided,
no person shall be entitled to more than ten votes ; and any jus- First meetinf?.
tice of the peace in die county of Middlesex is hereby authorized
to issue his warrant to some one of the said proprietors, for the
purpose of calling their first meeting, for the organization of said
corporation ; at which meeting the said proprietors shall agree
on the method of calling future meetings.

Sect. 3. Be it further enacted, That whenever any pro- Assessments.
prietors shall refuse or neglect to pay any tax or assessment, duly
voted and agreed on by said corporation, for the purposes there-
of, to the treasurer, within sixty days after the same shall be
made payable, the said treasurer, being thereunto directed by
the said trustees, may sell, at public vendue, the share or shares Treasurer may
of such delinquent proprietor, to defray said tax, and necessary ghares'""^"^"^ ^
charges, after posting notice of the time and place and cause of
such sale, at two or more public places in said town, at least
thirty days previous to such sale, and a certificate of the same,
under the hand of the president and clerk of said corporation,
shall transfer all the right, title and interest of such delinquent in
the share or shares thus sold to the purchaser. And if the said
share or shares so sold, shall sell for more than the taxes or as-
sessments thereon due, and charges, the overplus shall be paid
over to such delinquent proprietors, by the treasurer, on demand ;
or the said treasurer may, by the direction of the said trustees,
and in the name of said corporation, sue and prosecute, to final
judgment and execution, any such delinquent proprietor, for any
tax or assessment due on any share or shares, of such delinquent
proprietor. [J^Iarch 4, 1826.]

An Act to incorporate the President, Directors and Company of the Mercantile Bank. Qhn^ 1 PJV

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John Winn, Jun., Larkin Thorndike, Michael Persons incor-
Shepherd, David Pingree, William E. Parker, George Nichols, P"'^^^''-
S. W. Shepherd, Joseph Howard, Francis Boardman, Timothy
Bryant, Jun., their associates, successors and assigns, be, and
they are hereby created a corporation, by the name of the Pres-
ident, Directors and Company of the Mercantile Bank, and shall
so continue, from the passage of this act, until the first Monday
of October, which will be in the year of our Lord one thousand
eight hundred and thirty-one ; and the said corporation shall Powers and
always be subject to the rules, restrictions, limitations, taxes and fl**"".
provisions, and be entitled to the same rights, privileges and im-
munities, which are contained in an act entitled "an act to incor-

438

1825.-

-Chap. 137.

Proviso.

Capital stock.

When to be
paid ill.

Real estate.

1811 cii. 84. porate the President, Directors and Company of the State Bank,"
except in so far as the same are modified or ahered by this act,
as fully and effectually as if the several sections of the said act
were herein specially recited and enacted : provided^ however^
that the amount of bills issued from said bank, at any one time,
shall not exceed the amount of capital stock actually paid in.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of the simi of two hundred thousand
dollars, in gold and silver, to be, besides such part as this Com-
monwealth may subscribe, in manner hereafter mentioned, divid-
ed into shares of one hundred dollars each, which shall be paid
in at such times as the stockholders may direct ; fifty per centum,
however, to be paid in on or before the first day of July next,
and the residue within one year from the passing of this act ; and
no dividend shall be declared on the capital stock of said bank,
until the whole of said stock shall have been paid in, conformably
to the provisions of this act ; and the stockholders, at their first
meeting, shall, by a majority of votes, determine the mode of
transferring and disposing of said stock, and the profits thereof,
which, being entered in the books of said corporation, shall be
binding on the stockholders, their successors and assigns, until
they shall otherwise determine. And the said corporation are
hereby made capable in law to have, hold, purchase, receive,
possess, enjoy and retain to them, their successors and assigns,
lands, tenements and hereditaments, to the amount of twenty
thousand dollars, and no more, at any one time, with power to
bargain, sell, dispose and convey the same, by deed, under the
seal of said corporation, and signed by the president, or two of
the directors, and to loan and negotiate their monies and effects,
by discounting on banking principles, on such securities as they
may think advisable : provided, Iiowever, that nothing herein con-
tained shall restrain or prevent said corporation from taking and
holding real estate, in mortgage, or on execution, to any amount,
as security for, or in payment of, any debts due to the said cor-
poration : and provided, further, that no monies shall be loaned,
or discounts made, nor shall any bills or promissory notes be is-
sued from said bank, until the capital stock subscribed, and actually
paid in, and existing in gold and silver in the vaults, shall amount
to one hundred thousand dollars ; nor until said capital stock.

Examination of actually in said vaults, shall have been inspected and examined by
three commissioners, to be appointed by the governor for that
purpose, whose duty it shall be, at the expense of the corporation,
to examine the monies actually existing in said vaults, and to as-
certain, by the oath of the directors of said bank, or a majority
of them, that said capital stock hath been bona fide paid in by the
stockholders of said bank, and towards payment of their respec-
tive shares, and not for any other purpose ; and that it is intended
therein to remain, as a part of said capital, and to return a certifi-
cate thereof to the governor ; and no stockholder shall be allowed
to borrow any money of said bank, until he shall have paid in his

Proviso.

capital.

1825. Chap. 157. 439

full proportion of the whole of said capital stock, as herein before
provided and required.

Sect. 3. Be it further enacted^ That the said bank shall be i-ocation of
established and kept in Salein ; and the whole number of dii-ec- lier ofdkeciors"
tors shall be nine : and a majority of the board shall be inhabi-
tants of said town ; and no loan or discount shall be made, nor
shall any bill or note be issued by the said corpoiation, or by any
person on their account, in any other j)lace than at the said bank.

Sect. 4. Be it further enacted^ That whenever the Legis- Loans to tho
lature shall require it, said corporation shall loan to the Common- wealth""'
wealth, any sum of money which shall be required, not exceediui^
ten per centum of the capital stock actually paid in, at any one
time, reimbursable by five annual instalments, or any shorter time,
at the election of the Commonwealth, with the annual payment
of interest, at a rate not exceeding five per centum per annum :
provided, however^ that the Commonwealth shall never stand in-
debted to said corporation, without their consent, for a larger
sum than twenty per centum of their capital then paid in.

Sect. 5. Be it further enacted, That the persons herein First meeting,
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as they may see fit to
appoint, by advertising the same in two newspapers, printed in
Salem, for the purpose of making, ordaining and establishing
such by-laws and regulations, for the orderly conducting the af-
fairs of said corporation, as the stockholders shall deem neces-
sary : provided, the same be not repugnant to the constitution
and laws of this Commonwealth ; and the choice of the first
board of directors, and such other officers as they shall see fit to
choose.

Sect. 6. Be it further enacted. That the Commonwealth Commonwealth
shall have a right, whenever the Legislature shall make pro- to the capital
vision therefor, by law, to subscribe, on account of the Com- ^'°'^'^-
monwealth, a sum, not exceeding one half the capital stock actu-
ally paid in, to be added to the capital stock of said corporation,
subject to such rules, regulations and provisions, as to the man-
agement thereof, as shall be, by the Legislature, made and es-
tablished.

Sect. 7. Beit further enacted, That whenever the Com- Legislature
monwealth shall subscribe to the capital stock of said corpora- inrectors"""
tion, in manner herein before provided for, in addition to the
directors by law to be chosen by the stockholders, the Legisla-
ture shall have the right, from time to time, to appoint a number
of directors to said bank, in proportion as the sum paid from the
treasury of the Commonwealth shall be to the whole amount of
stock actually paid into said bank, if, at any time hereafter, they
shall see fit to exercise that right.

Sect. 8. Be it further enacted. That the cashier of said Cashier to give
bank, before he enters upon the duties of his office, shall give
bond, with sureties, to the satisfaction of the board of directors,

440 1825. Chap. 157—158.

in a sum not less than twenty thousand dollars, with conditions
for the faithful discharge of the duties of his office.
Tax. Sect. 9. Be it further enacted^ That the said corporation,

from and after the first day of October next, shall pay, by way
of tax, to the treasurer of this Commonwealth, for the use of
the same, within ten days after the first Monday of October and
April annually, the half of one per centum on the amount of
stock which shall have been actually paid in.
Corporation lia- Sect. 10. Be it further enacted. That the said corporation
giiiai'amoun°of shall be liable to pay any bona fide holder the original amount of
aiteied notes, any note of said bank, counterfeited or altered in the course of
its circulation, to a larger amount, notwithstanding such altera-
tion ; and shall also be holden to pay to any bona fide holder the
amount of any note of said bank, counterfeited, unless all the
notes actually issued by said corporation shall be printed or im-
pressed with the stereotype plate ; and that said corporation shall
not, at any place whatever, directly or indirectly, purchase, re-
ceive, pay or exchange, any bill or note of said bank, or of any
other bank incorporated within this Commonwealth, for any less
sum than the nominal value expressed in such bill or note.
Condiiionof Sect. 11. Be it further enacted. That in case this act

this act. shall not be put into operation, according to the provisions there-

of, within one year from the time of passing the same, then it
shall become void.
Capital stock Sect. 12. Be it further enacted. That the capital stock of

shall not be sold ggjjj jja,^!^ ^\]^\\ iiQt be sold or transferred, but shall be holden
by the original subscribers thereto, for and during the term of
one year, from the passing of this act.
Examination of Sect. 13. Be it further enacted, That any committee,
the doings of the specially appointed for that purpose, by the Legislature, shall
have a right to examine into the doings of said corporation, and
shall have free access to all their books and vaults ; and if, upon
such examination, it shall be found, and after a full hearing of
said corporation thereon, be determined by the Legislature, that
the said corporation have exceeded the powers herein granted
them, or failed to comply with any of the rules, restrictions or
conditions in this act provided, this act of incorporation shall
thereupon be declared to be forfeited and void. [JMarch 4,
1326.] Add. act, 1830 ch. 58.

ChdZ) 158 -^^ ^'^'^ '" relation to a House of Correction in the County of Essex.

BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same.

County Prison That the court of sessions in and for the county of Essex, be,

to be used for j they are, hereby authorized and empowered, to provide for

House of Cor- , • r i r ri

rection. makmg use oi so much ol any one or more ot tne county pris-

ons, in said county, as at their discretion may appear to be ne-
cessary, for the purposes of a house of correction ; and to
transfer thereto any persons now confined in the present house
of correction in said county. [J^Iarch 4, 1826.]

1825. Chap. 159—160. 441

An Act to establish llie Pawiuckct and Taunton Turnpike Corporation. Cflf/T) 1 59

BE it enacted by the Senate and House of Representatives^ in
General Court assembled^ and by the authority oj tJie same,
That Oliver Staikueallier, J^lijah Ingraliain, Ebenezer Tyler, Persons incor-
Edward Walcott, Samuel Green, James C. Starkweather, Da- P°f"'ed.
vid Bucklin, and Otis French, together with such others as have
associated, or may hereafter associate with them, their succes-
sors and assigns, be, and they hereby are, itjade a corporation,
by the name of the Pawtucket and Taunton Turnpike Corpo-
ration, for the purpose of making a turnpike road from the
corner of the road opposite Otis Fi'ench's house, in Seekonk, »•
near the village of Pawtucket, in the county of Bristol, in the
most direct and convenient way through a part of Seekonk and
Rehoboih to Taunton Green, and shall have all the powers p^^g,.^ -
and privileges, and shall also be subject to all the duties, re- duties,
quirements and penalties prescribed and contained in an act entit-
led "an act defining the general powers and duties of turnpike 1804 eh. 125.
coiporations," and tlie several acts in addition thereto. \^J\Iarch
4, 1826.]

An Act to Incorporate the Sufi'oik Hotel Company. CIkIT) 1 60.

Sect. 1 . BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the
same, That William Bordman, William Lawrence, Jeremiah Fitch, Persons incor-
Charles B. Shaw, and Nathaniel Hannnond, and all such persons as P^f^'ed.
may associate wiih them, as j)roprietors, their successors and as-
signs, shall be, and hereby are, constituted a body politic and cor-
porate, by the name of the Suffolk Hotel Company ; and by that
name may sue and be sued, defend and be defended, in any
courts of record, or other place whatsoever ; and shall and
may do and suffer all matters, acts, and things, which bodies
politic may do and suffer ; and may make, have, and use a com-
mon seal, and the same at pleasure break, alter and renew, and Powers,
ordain, and put in execution, such by-laws, ordinances, and reg-
ulations, as to them shall appear necessary and convenient for
the government of said corporation, and for the prudent man-
agement of their affairs ; and for the breach of such by-laws,
ordinances, and regulations, may order fines and penalties, not
exceeding ten dollars for every breach : provided, that such by- Proviso,
laws, ordinances, and regulations shall not be repugnant to the
laws of this Commonwealth.

Sect. 2. Be it further enacted. That the said corporation Real estate,
be, and the same is, declared capable to hold, have and possess,
in fee simple, or otherwise, all, or any part of that real estate,
in the city of Boston, bounded easterly on Hanover-street,
there measuring one hundred and fifty feet, thence running wes-
terly to Sudbury square, there measuring one hundred and fifty
feet : provided, the said corporation shall acquire the same by Proviso,
legal grant from the lawful proprietors thereof ; and said cor-
poration shall have power to grant, sell and alien, in fee simple
or otherwise, the said corporate property, or any part thereof,
and to lease, manage, and otherwise improve the same accord-

voL. VI. 56

442

1825..

-Chap. 160.

Proviso.

Shares and the
transfer thereof.

Estate liable to
attachment and
execution.

Assessments,
and of the col-
lection thereof.

Right to vote.

First meeting'.

Annual choice
of officers.

Contracts bind-
ings on individ-
ual stockhol-
ders.

ing to their will and pleasure, and by such forms of conveyance
and contract as shall by their by-laws be provided : provided^
further, that the building to be erected on Hanover-street shall
always be kept as a public hotel, and for no other purposes,
except the lower story of the same fronting on said street ; the
residue of said estate to be occupied and improved as a livery
stable, and other purposes not incompatible with the provisions
of this act.

Sect. 3. Be it further enacted, That said proprietors, at
any legal meeting, may agree upon the number of shares into
which said estate shall be divided, and agree upon the form of
certificates to be given to the proprietors, which shares shall be
deemed and considered as personal estate, and shall be transfer-
able by assignment on the back of the certificate, recorded by
the clerk of the corporation in a book to be kept for that pur-
pose, and shall be liable to attachments on mesne process, and
sale on execution, in the manner and according to the form of
the statutes making provision for the attachment and sale of
shares of debtors in incorporated companies.

Sect. 4. Be it further enacted, That the real estate, and
other property of said corporation, shall be liable to be at-
tached on mesne process, and be set off and sold on execution
against the corporation, in the same manner as the property or
estate of individuals is by law subject to mesne or final process.

Sect. 5. Be it further enacted, That said corporation
shall have power, from time to time, to assess on the stockhol-
ders such sums of money, not exceeding in the whole three hundred
dollars on each share, for the purchase, improvement, and good
management of their estate ; and for erecting, repairing, or al-
tering buildings, or for the incidental expenses of the corpora-
lion, and to sell or dispose of the shares of any delinquent pro-
prietor, for the payment of such assessment, in such way and
manner as said corporation may, by their by-laws and regula-
tions determine and agree upon.

Sect. 6. Be it further enacted. That, in all meetings of
the stockholders in said corporation, each member shall be en-
titled to one vote for each share held by him.

Sect. 7. Be it further enacted, That either of the per-
sons named in the first section of this act, may call the first
meeting of said corporation, by advertising in any newspaper
printed in Boston, three times, the first not less than three days
before the time appointed for such meeting ; and the corpora-
tion at their first meeting, and afterwards annually, on such day
as shall be established by the by-laws, shall choose a president,
clerk, and such other directors or officers, as they may see fit,
which clerk sliall be under oath ; they may also agree upon the
mode of calling future meetings.

Sect. 8. Be it further enacted, That all covenants or con-
tracts which shall be made by said corporation, and all debts due
from it, shall be binding on each one and all of those persons,
individually, who shall be stockholders in said corporation, when

1825. Chap. 160—161. 443

such contracts respectively are made, and on their respective
heirs, executors, and administrators, in the same manner as if
such covenants or contracts had been made in debts contracted
by such stockholder or stockholders in his or their individual
capacity.

Sect. 9. Be it further enacted, That the Legislature shall Legislative con-
have authority to alter, amend, or repeal this act, at any time af- ^''°"
ter the expiration of twenty years. [JVIarch 4, 182G.]

An Act to incorporate the President, Uireclors and Company of tiie Andover Bank, (jfldj) 161.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives., in General Court assembled, and by the authority of
the same. That Samuel Farrar, Joseph Kitteridge, Amos Ab- Persons inco;-
bot, Nathaniel Swift, Amos Spaulding, Henry Skinner, Fran- '^^'^ ^
cis Kidder, Hobart Clark, Mark Newman, their associates, suc-
cessors and assigns, shall be, and hereby are, created a corpo-
ration, by the name of the President, Directors and Company of
the Andover Bank, and shall so continue, from the passing of
this act, until the first Monday of October, which will be in the
year of our Lord, one thousand eight hundred and thirty-one ;
and the said corporation shall always be subject to the rules, re- powers anddu-
strictions, limitations, taxes and provisions, and be entitled t'es-
to the same rights, privileges and immunities which are contain-
ed in an act entitled, "an act to incorporate the president, isiich. 84.
directors and company of the State Bank," except so far as
the same are modified or altered by this act, as fully and ef-
fectually as if the several sections of said act were herein spe-
cially recited and enacted : provided, however, that the amount proviso,
of bills issued from said bank, at any one time, shall not exceed
the amount of the capital stock actually paid in.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said corporation shall consist of the sum of one hundred thousand [Capital in-
dollars, in gold or silver, to be, besides such part as this Com- ch^^^l: 'i833ch.
monwealth may subscribe, in manner herein after mentioned, di- 150: I836ch.
vided into shares of one hundred dollars each, which shall be '^
paid in at such times as the stockholders may direct, fifty per When to be
centum, however, to be paid in on or before the first day of July pa>d m.
next, and the residue within one year from the passing of this
act ; and no dividend shall be declared on the capital stock of
said bank, until the whole of said stock shall have been paid in,
conformably to the provisions of this act ; and the stockholders, Transfer of
at their first meeting, shall, by a majority of votes, determine **°*=''-
the mode of transferring and disposing of said stock, and the
profits thereof, which, being entered in the books of said corpo-
ration, shall be binding on the stockholders, their successors and
assigns, until they shall otherwise determine. And the said cor-
poration are hereby made capable in law to have, hold, purchase,
receive, possess, enjoy and retain to them, their successors and
assigns, lands, tenements and hereditaments, to the amount of five Real estate,
thousand dollars, and no more, at any one time, with power to
bargain, sell, dispose of, and convey the same, by deed, under the

444

1825.-

-Chap. 161.

Proviso.

seal of said corporation, and signed by the president, or two of
the directors, and to loan and negotiate their monies and effects,
by discounting on banking principles, on such securities as they
may think advisable : provided, however, that nothing herein con-
tained shall restrain or prevent said corporation from taking and
holding real estate, in mortgage, or on execution, to any amount,
as security for, or in payment of, any debts due to said corpora-
tion : and provided, further, that no monies shall be loaned, or
discounts made, nor shall any bills or promissory notes be issued
from said bank, until the capital stock subscribed and actually
paid in, and existing in gold and silver in the vaults, shall amount
to fifty thousand dollars, nor until said capital stock, actually in
Examinaiion of said vaults, shall have been inspected and examined by three
repiia • commissioners, to be appointed by the governor for that purj)ose,

whose duty it shall be, at the expense of the corporation, to ex-
amine the monies actually existing in said vaults, and to ascertain,
by the oath of the directors of said bank, or a majority of them,
that said capital stock hath been bona fide paid in by the stock-
holders of said bank, and towards payment of their respective
shares, and not for any other purpose, and that it is intended
therein to remain, as a part of said ca])ital, and to return a certi-
ficate thereof to the governor ; and no stockholder shall be allow-
ed to borrow any money of said bank, until he shall have paid in
his full proportion of the whole of said capital stock, as herein
before provided and required.
Location of Sect. 3. Be it further enacted, That the said bank shall be

banic, and nnm- established and kept in Andover ; and the whole number of di-

ber of directors. i n i • /• c ^ in • . c

rectors shall be nine, five ot whom sliali constitute a quorum tor
transacting business ; and a majority of the board shall be inhabi-
tants of said town ; and no loan or discount shall be made, nor
shall any bill or note be issued by the said corporation, or by
any person on their account, in any other place than at said bank.

Sect. 4. Be it further enacted. That the persons herein
before named, or any two of them, are authorized to call a meet-
ing of the members and stockholders of said corporation, as soon
as may be, at such time and place as they may see fit to appoint,
by advertising the same in one of the newspapers printed in Bos-
ton, and one printed in Salem, for the purpose of making, ordain-
ing and establishing such by-laws and regulations, for the orderly
conducting the affairs of said corporation, as the stockholders
shall deem necessary : provided, the same be not repugnant to
the constitution and laws of this Commonwealth ; and the choice
of the first board of directors, and such other officers as they
shall see fit to choose ; and at said meeting, and at all subsequent
meetings of the stockholders, all matters shall be determined by
the major votes of the persons present at such meeting, who are
stockholders, or who, by authority in waiting, represent stock-
holders.

Sect. 5. Be it further enacted, That, whenever the Legis-
latme shall require it, said corporation shall loan to the Common-
wealth any sum of money which may be required, not exceeding

First meetins

Loans to the
Common-
weal til.

1825. Chap. 161. 445

ten per centum of the capital stock actually paid in, at any one
lime, reimbursable by five annual instalments, or any shorter time,
at the election of the Commonvveahh, with the annual payment
of interest, at a rate not exceeding five per centum per annum :
provided, however, that the Commonwealth shall never stand in-
debted to said corporation, without their consent, for a larger
sum than twenty per centum of their capital, then paid in.

Sect. C. Be it further enacted, That the Commonwealth Commonweaiih
shall have a right, whenever the Legislature shall make provision "d'^the capital^
therefor by law, to subscribe, on account of the Commonwealth, stock.
a sum not exceeding one half of the capital stock actually paid
in, to be added to the capital stock of said corporation, subject
to such rules, regulations and provisions, as to the management
thereof, as shall be by the Legislature made and established.

Sect. 7. Be it further enacted. That whenever the Com- Legislature
monwealth shall subscribe to the capital stock of said corporation, directors? ""^
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have the right, from time to time, to appoint a number of direc-
tors to said bank, in proportion as the sum paid from the treasury
of the Commonwealth shall be to the whole amount of stock ac-
tually paid into said bank, if, at any time hereafter, they shall see
fit to exercise that right.

Sect. 8. Be it further enacted, That the cashier, before he Cashier to give
enters upon the duties of his office, shall give bond, with sure- "" '
ties, to the satisfaction of the board of directors, in a sum not less
than twenty thousand dollars, with conditions for the faithful dis-
charge of his office.

Sect. 9. Be it further enacted, That the said corporation, Tax.
from and after the first day of October next, shall pay, by way
of tax, to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday of October and
April, annually, the half of one per centum on the amount of
stock which shall have actually been paid in.

Sect. 10. Be it further enacted. That the said corporation Corporation lia-
shall be liable to pay any bona fide holder the original amount of bie topayorlgl-
any note of said bank, counterfeited or altered, in the course oi altered notes,
its circulation, to a larger amount, notwithstanding such alteration,
and shall also be holden to pay to any bona fide holder the amount
of any note of said bank, counterfeited, unless all the notes actu-
ally issued by said corporation, shall be printed or impressed with
the stereotype plate ; and that said corporation shall not, at any
place whatever, directly or indirectly, purchase, receive, pay or
exchange any bill or note of said bank, or of any other bank in-
corporated within this Commonwealth, for any less sum than the
nominal value expressed in such bill or note.

Sect. 11. Be it further enacted. That the capital stock of Stock shall not
said_ bank shall not be sold or transferred, but be holden by the he^soid for one
original subscribers thereof, for and during the term of one year "
from the passing of this act.

Sect. 12. Be it further enacted, That in case this act shall

446

1825.-

-Chap. 161 — 162.

Charter, how
forfeited.

Lejjislative ex-
amination.

Chap\62.

Persons incor-
porated.

Powers and
privileges.

Directors and
by-laws.

Ridit to vole.

[Repealed
1826 ch. 33.]

Appropriation
of funds.

not be put into operation, according to the provisions thereof,
within one year from the time of passing the same, tlien it shall
become void.

Sect. 13. Be it further enacted, That any committee, spe-
cially appointed for tliat purpose, by the Legislature, shall have a
right to examine into the doings of said corporation, and shall
have free access to all their books and vaults ; and if, upon such
examination, it shall be found, and, after a full hearing of said
corporation thereon, be determined by the Legislature, that said
corporation have exceeded the powers herein granted them, or
failed to comply with any of the rules, restrictions or conditions
in this act provided, this act of incorporation shall thereupon be
declared to be forfeited and void. [JMarch 4, 1826.] Add.
acts, 1830 ch. 58: 1832 ch. 22: 1833 ch. 150: 1836 ch. 97.

An Act incorporating the Hingham Mutual Fire Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the authority
of the same, That Isaiah Wilder, Seth Gushing, David Whiton,
John Beal, Edward Wilder, Martin Fearing, Elpalet Loring,
James Ste])henson, Samuel Sprague, Seth Gushing, Jun., Joseph
Gushing, Jolham Lincoln, Elijah Whiton, 2d, Pyam Gushing,
Matthew Burr, Benjamin Andrews, jMoses Whiton, Leavitt
Souther, Wilson Whiton, Moses Sprague, Jun., Hawkes Lor-
ing, Levi Gorthell, Jun., Jacob Groce, William Gorden, Martin
Leavitt, Loring Gorthell, Thomas Fearing, Fearing Loring,
John Fearing, Benjamin Thomas, Thomas Loud, David An-
drews, Welcome Lincoln, Atson Studley, Galeb Hobart, Jun.,
Elijah D. Wild, Jedediah Lincoln, David Harding, and their
associates, shall be a corporation, by the name of the Hingham
Mutual Fire Insurance Company, and possess all the powers and
privileges incident to such corporations for twenty-eight years.

Sect. 2. Be it further enacted, That said corporation shall
choose a number of directors, not less than five, and such other
officers as they shall judge necessary, and establish such by-laws
as they may deem necessary, not inconsistent with the constitu-
tion and laws of this Gommonweakh ; in all matters decided in
any general meeting of said corporation, each member shall have
a right to as many votes as he has policies, and may vote by
proxy.

Sect. 3. Be it further enacted, That when the sum subscribed by the associates to
be insured shall amount to the sum of fifty thousand dollars, said corporation shall then
be authorized to insure for the term of one to seven }'ears, any dvvelluig-house or other
building in the town of Hingham, to any amount not exceeding three quarters of the
value of the property insured.

Sect. 4. Be it further enacted, That the funds of the cor-
j)oration shall be vested in stocks, or loaned on such security as
the directors may order, and the funds shall be appropriated,
first, to pay the expenses of the corporation, and next, to pay
the damages which any member may be entitled to recover on
bis policy. In case any member shall have a just claim against
the corporation, exceeding the amount of their then existing
funds, the directors shall, without delay, assess such sums as

1825. Chap. 162. 447

may be necessary, on the members, which assessment shall be
in proportion to the amount of his premium or deposit, but shall
not, in any case, exceed double the amount of said premium and
deposit.

Sect. 5. Be it further enacted, That whenever any mem- Kxecuiion may
ber shall recover judgment, and the directors shall neglect to sat- vateproperiy of
isfy and pay the same within sixty days after demand made directors.
for that purpose upon the treasurer, clerk, or any director of
said corporation ; then the execution issuing upon such judgment
may be levied upon the private property of any of said directors,
to the amount of the excess of the funds of the corporation, to-
gether with the amount of all the assessments they are authorized
to make, over and above the amount due on judgments previous-
ly demanded ; and any directors who may have their property
taken, may sustain an action on the case to recover compensation
therefor of the corporation, or a proportional part thereof, and
contribution therefor, of the other directors.

Sect. 6. Be it further enacted, That as each member of
this corporation is liable to pay such assessments as the directors
shall order, and likewise to pay his deposit note, given for his
premium, now to secure the payment of the same, it is hereby
provided, that a policy of insurance shall, of itself, without any Policy shall
other ceremony whatever, create a lien on any dwelling-house or create a hen on

. . •' , , . . property in-

building insured, and on the land under it : provided, said policy sured.
shall express the intention of the corporation, of relying on such
lien ; this provision shall not prevent the corporation from taking
any other kind of collateral security.

Sect. 7. Be it further enacted. That in case it shall be- Dutyoftreasur-
come necessary to resort to such lien as is before provided, it shall ^'■•
be 'he duty of the treasurer, before he attempts to compel pay-
ment by selling the insured premises, first to demand payment of
the insured, and, in case of his decease, of his legal representa-
tives, and likewise of the occupant of the insured estate ; in case
payment is not thereupon made, said corporation may then sus-
tain an action on the case against the insured, or his legal repre-
sentative, for any sum due, either on a deposit note, or by as-
sessments, and the execution which may issue thereon may be
levied on the insured premises ; and the officer making the levy
may sell the whole or part thereof at public auction, giving the
same notice and proceeding in the same manner as is required in
the sale of equities of redemption on execution ; and the insured Right of re-
shall likewise have a right to redeem the estate thus sold, wiihin one 'len^DUon.
year, by first paying to the purchaser, or his assigns, the amount
for which the estate shall be thus sold, and interest on such a-
mount, at the rate of twelve per cent, per annum.

Sect. 8. Be it further enacted, That whenever the term of
any policy shall expire, the member of said corporation holding
such policy shall have a right to demand of said corporation his
just proportion of all the funds of said corporation.

Sect. 9. Be it further enacted. That said corporation shall Liability to be
be liable to be taxed by any general law of the Commonwealth. '^''^ "

448

1825.-

■Chap. 162—164.

First meeiing. Any tvvo members named in this act may call the first meeting,
by giving notice tiiereof in one or more public places in the town
ofHingham. [March 4, 1 826.} Add. acts, 1826 ch. 53:
1831 ch. 7.

Chap 1 64.

Persons incor-
porated.

Authorized to
erect a bridge.

Draw.

Bridge to be
liffliled.

Authorized to
make road.

[Width of road
increased 1826
ch. 1.]

An Act to incorporate the Proprietors of the Newbur^'port Bridge.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That James Prince, John Wood, Stephen Frothing-
ham, antl such others as have associated with them, and their suc-
cessors and assigns, be, and they liereby are constituted and made
a body politic and corjiorate, by the name of the Proprietors of
the Nevvburyport Bridge, and by that name may sue and be sued
to final judgment and execution ; may have a common seal, and
the same at pleasure break and annul.

Sect. 2. Be it further enacted, by the authority afore-
said, that said proprietors be, and they hereby are authorized and
empowered at any time within three years next after the passing
of tiiis act, but not afterwards, to erect a bridge over and across
Merrimack river, at some convenient point between the westerly
side of Kent street, and the easterly side of iNIarket street, in
Newbury port, to some convenient point in the town of Salisbury ;
said bridge to be not less than thirty-six feet wide, from out-
side to outside, with arches, measuring in all not less than
seven hundred and fifty feet in the clear, none of which arches
shall be less than one hundred feet, and one of which shall be at
least one hundred and fifty feet long ; the lowest part of each
arch over the channel to be at least fifieen feet high above com-
mon high water. There shall also be a draw not less than thirty-
eight feet wide, for the accommodation of vessels, and other river
craft having a mast or masts higher than will readily pass under
the draw, to be opened at all times on demand, free from ex-
pense or toll, and a suitable pier on each side of the bridge at the
draw ; and upon the draw there shall be one lamp, and over the
centre of the highest arch there shall be one lamp ; and said
bridge shall be sufficiently lighted. And said bridge shall also be
covered with timber or plank, in all parts where timber or plank
are necessary ; and at all times kept in good repair, and safe for
passengers with their teams, or otherwise, where the weight to be
carried over does not exceed four tons ; and shall also be railed
with a good railing on both sides thereof, not less than three and
a half feet high, for the safety and security of passengers ; and for
the accommodation of persons who may have occasion to pass
vessels through the bridge, from one side to tlie other, said pro-
prietors shall place, and at all times keep placed, one good an-
chor above, and one below said draw, with a buoy to facilitate the
passage through the bridge.

Sect. 3. Be it further enacted, That said proprietors be,
and they hereby are authorized and empowered to lay out and
make a road four rods w ide from their bridge on the Salisbury
side, to the county road leading to the east meeting-house in said

1825. Chap. 164. 449

Salisbury, at the expense of said proprietors ; said corporation to
be held liable for all damages to be sustained by any person or
j)ersons whose land is taken for said road ; the amount of damage, Damages how
if the parties cannot agree, to be ascertained in the way pre- ascertained,
scribed by law for damages sustained by individuals whose lands
are taken for public roads ; and it shall be the duty of said cor-
poration, at all tisnes, to keep said road in good repair, and con-
venient and safe for all having occasion to use it. And there
shall be a sufficient path- way on the side of the bridge, for foot
passengers, and thei-e shall be a fence on each side of the road or
causeway.

Sect. 4. Be it further enacted, That for the purpose of
reimbursing said proprietors, the money they may expend in
building and supporting said bridge and road, they be, and here-
by are authorized and empowered to take and receive, for pass-
ing over said bridge, the same tolls which the Essex Merrimack Tolls.
Bridge are authorized and empowered to take, said toll to com-
mence on the first day when said bridge and road are opened for
passengers, and to continue for the term of forty years next after,
and no longer ; but after that time, said bridge shall revert to and
become the property of the Commonwealth, and be surrendered
by the proprietors for the time being in good repair.

Sect. 5. Be it further enacted, That the shares in said Shares,
bridge and road shall be deemed personal property, and divided
into one thousand shares, and liable to be taken on mesne pro-
cess or execution, as the property of the owner or owners there-
of, in the same way and manner as is now by law provided for
taking the share or shares of individuals in banking corporations.

Sect. 6. Be it further enacted, That said proprietors shall Damages,
be held to pay, to the owners of lands inNewburyport and Salis-
bury such damages as they may sustain by reason of the erection
of said bridge upon their lands, and the passing of said road lead-
ing to said bridge, over their lands.

Sect. 7. Be it further enacted, That after the expiration of Legislative con-
thirty years, the Legislature shall have a right to regulate the tolls
to be taken at said bridge.

Sect. 8. Be it further enacted, That any justice of the First meeting.
peace in the county of Essex, on the application of any three of
the proprietors, be, and hereby is authorized to call the first
meeting ; and said proprietors, at their first meeting, shall electa
clerk, to record the transactions of the corporation, who shall be
sworn to the faithful performance of the duties of his office, and
shall at all times keep a fair record of their doings ; and shall also
choose five directors, one of whom shall be president of the cor-
poration, and, as such, elected by the board of directors. The
first meeting shall be called by printing an advertisement thereof
in some public newspaper printed in Newburyport, at least six
days before the time appointed for holding said meeting ; at which
time, or at any future meeting, said proprietors may agree upon
the mode of calling future meetings ; and may make such rules, By-laws,
regulations, and by-laws as they may thing meet, and may annex

VOL. VI. 57

450

1825.-

■Chap. 164—165.

Proviso.

Assessments,
and the collec-
tion thereof.

penalties thereto, not exceeding five dollars : provided^ such
rules, regulations and by-laws shall in no way be repugnant to the
constitution or laws of the Commonwealth.

Sect. 9. Be it further enacted, That nothing in this act
contained shall preclude said proprietors from making any of the
aforesaid arches higher or wider.

Sect. 10. Beit further enacted, That the directors be, and
they hereby are authorized to make, from time to time, such as-
sessments on the shares of the proprietors, as may be found ne-
cessary to make and complete said bridge, or to make any re-
pairs of the same : and if the owner of any share or shares shall
refuse or neglect, for the space of twenty days after notice, to
pay such assessment, the treasurer for the time being, may cause
the share or shares of such delinquent stockholders to be sold at
public auction, for the payment thereof, first giving notice of the
time and place of sale, four days at least, and not more than
twenty days previous to the time appointed ; and the balance, if
any, arising from such sale, after paying the assessment, and all
reasonable charges, shall be paid over to the owner or owners of
such share or shares on demand. [JMarch 4, 1826.] Add.
act, 1S26 ch. 1.

Persons incor
porated.

ChctiJ) 165. -^^ ^^"^ ^° incorporate the President, Directors ajid Company of the Cambridge Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That James P. Chaplin, Benjamin Bigelow, John
Trowbridge, William Hilliard, Eliab W. Metcalf, and Israel
Porter, their associates, successors and assigns, shall be, and
hereby are created a corporation, by the name of the President,
Directors and Company of the Cambridge Bank ; and shall so
continue from the passage of this act, until the first Monday of
October, which will be in the year of our Lord one thousand
eight hundred and thirty-one ; and the said corporation shall al-
ways be subject to the rules, restrictions, limitations, taxes, and
provisions, and be entitled to the same rights, privileges and im-
munities, which are contained in an act entitled "an act to incor-
porate the president, directors, and company of the State Bank ;"
except in so far as the same are modified or altered by this act,
as fully and effectually as if the several sections of said act were
herein specially recited and enacted : provided, however, that the
amount of bills issued from said bank shall not exceed the amount
of capital stock actually paid in.

Sect. 2. Be it further enacted. That the capital stock of said
corporation shall consist of the sum of one hundred and fifty thou-
sand dollars, in gold or silver, to be, besides such part as this
Commonwealth may subscribe, in manner herein after mentioned,
divided into shares of [one] hundred dollars each, which shall be
paid in at such times as the stockholders may direct, fifty per
centum, however, to be paid in on or before the first day of June
next, and the residue within one year from the passing of this act ;
and no dividend shall be declared on the capital stock of said

Powers and
duties.

1811 ch. 84.

Proviso.

Capital stock.

Shares and
when to be paid

1825. Chap. 165. 451

bank, until the whole of said stock shall have been paid in con-
formably to the provisions of this act ; and the stockholders, at
their first meeting, shall, by a majority of votes, determine the Mode of trans-
mode of transferring and disposing of said stock, and the profits '<^""'& stock,
thereof, which being entered in the books of said corporation,
shall be binding on the stockholders, their successors and assigns,
until they shall otherwise determine. And the said corporation Real estate.
are hereby made capable in law to have, hold, purchase, receive,
possess, enjoy, and retain to them, their successors and assigns,
lands, tenements, and hereditaments, to the amount of ten thou-
sand dollars, and no more at any one time, with power to bar-
gain, sell, dispose and convey the same, by deed, under the seal
of said corporation, and signed by the president or two of the di-
rectors ; and to loan and negociate their monies and effects, by
discounting on banking principles, on such securities as they may
think advisable : provided^ however^ that nothing herein con- Proviso,
tained shall restrain or prevent said corporation from taking and
holding real estate in mortgage, or on execution, to any amount,
as security for, or in payment of any debts due to the said cor-
poration : and provided^ further^ that no monies shall be loaned,
or discounts made, nor shall any bills or promissory notes be issued
from said bank, until the capital stock subscribed and actually paid
in and existing in gold and silver in the vaults shall amount to
fifty thousand dollars ; nor until said capital stock actually in said Examination of
vaults shall have been inspected and examined by three commis- missioned *^°'"'
sioners, to be appointed by the governor for that purpose, whose
duty it shall be, at the expense of the corporation, to examine the
monies actually existing in said vaults, and to ascertain, by the
oath of the directors of said bank, or a majority of them, that said
capital stock hath been bona fide paid in by the stockholders of
said bank, and towards payment of their respective shares, and
not for any other purpose ; and that it is intended therein to re-
main, as a part of said capital ; and to return a certificate thereof
to the governor ; and no stockholder shall be allowed to borrow
any money of said bank, until he shall have paid in his full pro-
portion of the whole of said capital stock, as herein before pro-
vided and required.

Sect. 3. Be it further enacted, That the said bank shall be Location of
established and kept in the town of Cambridge, and village of ^^""i' ^"'i ,.

^-^ • o ' o nuniDGr of cli-

Cambridgeport ; and the whole number of directors shall be nine, rectors,
and a majority of the board shall be inhabitants of said town ; and
no loan or discounts shall be made, nor shall any bill or note be
issued by the said corporation, or by any person on their ac-
count, in any other place than at the said bank.

Sect. 4. Be it further enacted. That whenever the Legis- Loans to the
lature shall require it, said corporation shall loan to the Common- ^°^{h°"'
wealth any sum of money which shall be required, not exceeding
ten per centum of the capital stock actually paid in, at any one
time, reimbursable by five annual instalments, or any shorter time,
at the election of the Commonwealth, with the annual payment of
interest, at a rate not exceeding five per centum per annum : pro- Proviso.

452 1825. Chap. 165.

videcl, however, that the Commonwealth shall never stand indebted
to said corporation, without their consent, for a larger sum than
twenty per centum of their capital then paid in.
First meeting. Sect. 5. Be it further enacted, That the persons herein
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as they may see fit to ap-
point, by advertising the same in any two newspapers printed in
Boston, for the purpose of making, ordaining and establishing
such by-laws and regulations, for the orderly conducting the af-
fairs of said corporation, as the stockholders shall deem necessa-
ry : provided, the same be not repugnant to the constitution and
laws of this Commonwealth ; and the choice of the first board of
directors, and such other officers as they shall see fit to choose.
Commonwealth Sect. 6. Be it further enacted. That the Commonwealth
may subscribe ghgU \)-ive, a right, whenever the Legislature shall make provision
stock.i therefor, by law, to subscribe on account of the Commonwealth,

a sum not exceeding one half the capital stock actually paid in,
to be added to the capital stock of said corporation, subject to
such rules, regulations and provisions, as to the management
thereof, as shall be by the Legislature made and established.
Legislature Sect. 7. Be it further enacted, That whenever the Corn-

may appoint di- monwealth shall subscribe to the capital stock of said corporation,
rectors. j^^ manner herein before provided for, in addition to the directors

by law to be chosen by the stockholders, the Legislature shall
have a right, from time to time, to appoint a number of directors
to said bank, in proportion as the sum paid from the treasury of
the Commonwealth shall be to the whole amount of stock actu-
ally paid into said bank, if at any time hereafter they shall see fit
to exercise that right.
Cashier to give Sect. 8. Be it further enacted, That the cashier, before
bond. he enters upon the duties of his office, shall give bond, with sure-

ties, to the satisfaction of the board of directors, in a sum not less
than twenty thousand dollars, with condition for the faithful dis-
charge of his office.
Tax. Sect. 9. Be it further enacted. That the said corporation,

from and after the first day of October next, shall pay, by way of
tax, to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday of October and
April, annually, the half of one per centum on the amount of
stock actually paid in.
Corporation lia- Sect. 10. Be it further enacted, That the said corporation
ble to pay on- g\^^\\ ^g liable to pay any bona fide holder, the original amount

ginal amount of ^ ^ • i i • i -^ ',' ■ , i i • ■"! r

altered notes, oi any note ol said bank, counterleited or altered in the course ol
its circulation to a larger amount, notwithstanding such alteration,
and shall also be holden to pay to any ioJia^f/e holder the amount
of any note of said bank, counterfeited, unless all the notes actu-
ally issued by said corporation shall be printed or impressed with
the stereotype plate ; and that said corporation shall not, at any
place whatever, directly or indirectly, purchase, receive, pay or
exchange any bill or note of said bank, or of any other bank

1825. Chap. 165—167. 453

incorporated \viihin this Conimonvveallh, for any less sum than
the nominal value expressed in said bill or note.

Sect. 11. Be it further enacted, That in case this act shall Con-iition of
not be put into operation according to the provisions thereof, ''"'* diartcr.
within one year fi'om the time of passing the same, then it shall
become void.

Sect. 12. Be it further enacted, That the capital stock of Stock shall not
said bank shall not be sold or transferred, but be holden by the be^s^"W 'or <>ne
original subscribers thereof for and during the term of one year
from the passing of this act.

Sect. 13. Be it further enacted, That any committee, spe- Legislative ex-
cially appointed by the Legislature for that purpose, shall have a j)mi".<''io'' a."^'
I'ight to examine into the doings of said corporation, and shall charter,
have free access to all their books and vaults ; and if, upon such
examination, it shall be found, and after a full hearing of said cor-
poration thereon, be determined by the Legislature, that the said
corporation have exceeded the powers herein granted them, or
failed to comply with any of tiie rules, restrictions or conditions
in this act provided, this act of incorporation shall thereupon be
declared to be forfeited and void. [March 4, 1826.] Add.
act, 1S30 ch. 58.

An Act in addition to an Act entitled " An Act to incorporate the President, Directors /^/, ,,„ 1 (?!?
and Company of the Union Bank, in the town of Boston." LflCip I DO.

BE it enacted by the Senate and House of Representatives, in I8i2ch. 38.
General Court assembled, and by the authority of the same.
That the President, Directors, and Company of the Union Bank Authorized to
in Boston, incorporated on the twenty-third day of June, in the '"^''^ mcreased

r T 1 1 1 • 1 I 1 1 "^ I , , 1 amount of real

year ol our l^ord one thousand eight hundi-ed and twelve, be, and estate.
they are hereby authorized to have and to hold real estate, exclu-
sive of mortgages, to the value of one hundred and fifty thousand
dollars, any thing in the act to which this is in addition, to the
contrary notwithstanding. [March 4, 1826.] Add. act, 1830
ch. 74.

An Act to incorporate the Boston Tract Society. r^hrm 1 fi7

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the autliority of
the same. That .John Tapj)an, Henry Homes, David Hale and Persons incor-
James Clap, and their associates be, and they are hereby incor- po^aied.
porated and made a body politic, for the purpose of distributing
religious tracts, by the name of the Boston Tract Society, with
power to make by-laws, consistent with the laws of the Com- Powers,
monwealih, for the admission of other associates, for the regula-
tion of said society, and the preservation and application of its
funds, to have a common seal, to make contracts, to sue and be
sued, to receive by subscription, gift, demise, purchase, or oth-
erwise, any estate, real, pei-sonal or mixed, and the same hold, Estate, real or
occupy, lease, or sell and dispose of, for the sole benefit of said P"*°"a'-
society : provided, the same shall not exceed thirty thousand
dollars.

454 1825. Chap. 167—169.

First meeting. Sect. 2. Be it furtJicr enacted, That James Clap be, and
he is hereby authorized to call the first meeting of the said soci-
ety, by giving public notice of the time and place, in one or
more newspapers, printed in Boston, at least three days prior to
such meeting.
Limitation of Sect. 3. Bc it further enacted, That this act shall be in

^*^'- force for the term of twenty years, and no longer. [JV/«rc/i 4,

1826.]

f^hnn 1 fifi •'^" '^^^ '" 3t'fl'*'"" ^° 3" ^^^ *o incorporate the President, Directors and Company of
j^ iiic i\sictiic i3cinK>

1824 ch. 40. Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority of
Increase of cap- the same, That the President, Directors and Company of the
ihorfzed'^ ^ ' Asiatic Bank be, and they hereby are authorized and empowered
to increase their present capital slock, by an addition of three
hundred thousand dollars thereto, in shares of one hundred dol-
lars each, which shall be paid in, in such instalments, and at such
times, and shall be so disposed of as a majority of the stockhold-
ers, at any legal meeting, may direct and determine : provided.
Proviso. however, that the sum added to the capital stock, by virtue here-

[Time extended of, shall be paid in within twelve months from the passing of this

182Gch.6y.] ^^\_ ' ^

Sect. 2. Be it further enacted. That the additional stock
aforesaid, shall be subject to the like tax, regulations, restrictions
and provisions as the capital stock of said corporation is now lia-
ble to, by virtue of the act to which this is in addition.
Numberofdi- Sect. 3. Be it further enacted. That the said ])resident,
[ncleased?^*^ directors and company be authorized, whenever the same shall
be voted at any legal meeting called for that purpose, to increase
the number of directors of said company to any number not ex-
Proviso, ceeding twelve : provided, however, it be done within twelve
months from the passing of this act. [March 4, 1826.] Add.
acts, 1S26 ch. 69 : 1827 ch. 24 : 1829 ch. 75 : 1830 ch. 58.

C^hflTI 1 69 -'^" ^^"^ '•° incorporate the Proprietors of West India Wharf, in the city of Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of

Persons incor- the same, That William Foster, Leonard Foster and Charles C.

porated. Foster, all of Boston aforesaid, and their associates, successors

and assigns, be, and they hereby are, constituted a body politic
and corporate, by the name of the Proprietors of the West
India Wharf; and the said corporation, by the same name, are

Powers. hereby declared and made capable in law to sue and be sued, to

plead and be impleaded ; to have a common seal, and the same
to alter and renew at pleasure ; to make rules and by-laws, for
the regulation and management of their property, consistent with
the laws of the Commonwealth, and generally to do and execute
whatever by law shall appertain to bodies politic.

Real estate. Sect. 2. Be it further enacted. That the said corporation

be, and hereby is declared capable to have, hold and possess the
following real estate, in the city of Boston, whenever the lawful

1825. Chap. 169. 455

proprietors thereof shall legally convey the same to the said cor-
poration, to wit: a piece of land, wharf and dock, bounded west-
erly on a forty foot passage way, in a line with Broad street, two
hundred and thirty-four feet, more or less, northerly on a town
passage way and dock, lying between Rowe's wharf and Foster's
wharf, to the channel ; easterly on the channel, three hundred
thirty-seven feet, more or less, and southerly on Burkstead and
Harris's ship, or graving yard, or however otherwise the said
estate may be bounded, together with all the rights, privileges
and appurtenances thereof; and the said corporation shall have
power to sell, grant, alien and convey, in fee simple, or other-
wise, their corporate property, or any part thereof, and lease,
manage and improve the same, according to the will and pleasure
of said corporation, to be expressed at any legal meeting.

Sect. 3. Be it further enacted., That the said corporate Shares.
property shall be divided into two hundred shares in number, as
the said corporation may find to be most expedient ; and said
shares shall be divided among the several proprietors, according
to the interests and portions which they may respectively have in
the said corporate property ; and certificates of such shares shall
be signed by the president of the corporation, and issued to the
proprietors accordingly ; and such shares shall, in all respects,
be considered as personal estate, and shall be transferable by Transferor
endorsement on said certificates, and the property in such shares ^'^^''^s-
shall be vested in the assignee or vendee thereof, when a record
shall be made thereof, by the clerk of the corporation, and new
certificates shall be issued accordingly.

Sect. 4. Be it further enacted, That the said corporation Assessments.
shall have power, from lime to time, to assess such sums of
money as may be deemed necessary, for the improvement and
good management of the corporate estate, not exceeding, in the
whole, five hundred dollars on each share. And in case any Shares of deiin-
proprietor shall refuse or neglect to pay any assessment, the said ^^^^^^ ""^^ ^^
corporation may cause such of the shares of such proprietor, as
may be sufficient therefor, to be sold at public auction, after
thirty days notice, to the highest bidder ; and after deducting
the amount assessed and unpaid, together with the charges of
sale, the surplus, if any, shall be paid over to such proprietor ;
and the purchaser of such share or shares, so sold, shall be enti-
tled to receive a certificate of the same.

Sect. 5. Be it further enacted. That the real estate which Limitation of
the said corporation shall have and hold at any time, by virtue of '"^^' estate.
this act, shall not exceed in value the sum of two hundred thou-
sand dollars ; and in all meetings of the members of said corpo-
ration, each proprietor shall be entitled to one vote for every Right to vote.
share held by him in said corporation ; but no one proprietor
shall have more than ten votes : provided, ahoays, that no assess-
ment shall be made at any meeting, unless the same shall be
agreed to by two thirds, at least, in number of votes of those
present, or represented at said meeting, nor unless public notice
shall have been given, at least ten days previous to such meeting,

456

1825.

-Chap. 169—175.

First meeling.

Limilation of
this act.

ChapM^.

Persons iiicor-
l>oiated.

Powers and du-
ties.

1808 ch. G5.

Real and per-
sonal estate.

Chap Mb.

Persons incor-
porated.

Powers ann du-
ties.

of the purpose of such meeting, by publication thereof in one or
more newspapers ptinted in Boston. Proprietors may aj^pear
and act by proxy, in writing, at any meeting.

Sect. 6. Be it further enacted, That either of them the
said William, Leonard, or Charles C. Foster, may call a meet-
ing of said corporation, by advertising the same in any newspaper
printed in Boston, ten days at least before the time of meeting ;
and that the said corporation may, at such meeting, agree on the
mode of calling future meetings ; and shall elect a president and
clerk, and may elect all such other officers as said corporation
may think fit for conducting and managing the corporate afiairs
and estate, and the same may change and remove, as said corpo-
ration shall see fit.

Sect. 7. Be it further enacted, That said corporation shall
continue and be in force for the term of twenty years from the
time of the passage of this act, unless sooner i-epealed by the
Legislature. [March 4, 1826.]

An Act to incorporate the Quinnabaug Manufacturing Company.

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Henry Fiske and Lyman Fiske, together with
such others as may lusreafter associate with them, and their suc-
cessors, be, and they are hereby made a corporation, by the
name of the Quinnabaug Manufacturing Company, for the pur-
pose of manufacturing cotton and woollen goofis in Sturbridge ;
and shall have all the powers and privileges, and be subject to all
the duties, requirements and penalties, contained in an act passed
on the third day of March, in the year of our Lord one thousand
eight hundred and nine, entitled "an act defining the general
jjowers and duties of manufacturing corporations," and in the
several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation
may be lawfully seized and possessed of such real estate, not ex-
ceeding the value of one hundred thousand dollars, and such per-
sonal estate, not exceeding one hundred and fifty thousand dollars,
as may be necessary and convenient for carrying on their business.
[March 4, 1826.]

An Act to incorporate the Cape Cod Fire and Marine Insurance Company.

Sect. 1. BE it enacted by the Senate and Hoxise of Rep-
resentatives, in General Court assembled, and by the authority
of the same. That Freeman Baker, Edward B. Hallet, Charles
Hallet, Seth Killey, Zeno Killey, David K. Akin, Oliver Hal-
let, Ichabod Sherman, Roland Lewis, Caleb Reed, Oren
Howes, Henry Thacher, Lewis Crowell, Ansel Hallet, Nathan
Hallet, and Randel Hallet, with their associates, successors and
assigns, be, and they are hereby incoi-porated into a company
and body politic, by the name of the Cape Cod Fire and Marine
Insurance Company, with all the powers and privileges granted
to insiu'ance companies, and subject to all the restrictions, duties
and obligations contained in a law of this Commonwealth, entitled

1825. Chap. 175. 457

" an act to define the powers, dulies, and restrictions of insurance 1817 ch. no.
companies," passed on the sixteenth day of February, in the
year of our Lord one thousand eight hundred and eighteen, and
in a ]a\v of diis Commonwealth, entitled "an act authorizing the 1819 ch. 141.
several insurance companies of this Commonwealth to insure
against fire," passed on the twenty-first day of February, in the
year of our Lord one thousand eight hundred and twenty, for and
during the term of twenty years after the passing of this act ; and
by that name may sue and be sued, plead and be impleaded, ap-
pear, prosecute and defend, to final judgment and execution, and
may have a common seal, which they may alter at pleasure ; and
may purchase, hold and convey any estate, real or personal, for
the use of said company : provided, the said real estate shall not Real estate.
exceed the value of twelve thousand dollars, excepting such as
may be taken for debt, or held as collateral security for money
due to said company.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said company, exclusive of premium notes, and profits arising
from business, shall be one hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per cent,
of which shall be [)aid in money, by each and every subscriber, on When to be
the amount of his subscription, within ninety days after the first
meeting of said company, and the residue shall, within twelve
months from the passing of this act, be secured by a deposit of
stock of some bank within this Commonwealth, or shall be paid
in money in such sum or sums, and at such time or times, (the
last payment not to exceed twelve months from the passage of
this act,) and under such penalties, as the said president and di-
rectors shall, in their discretion, direct and appoint; and so much
of the said capital stock of said company as shall be paid in money
as before provided, shall, within six months from the time the
same is paid in, be invested according to the provisions of "an Howinvested.
act to define the powers, duties and restrictions of insurance 1817 ch. 120.
companies," passed the sixteenth day of February, Anno Dom-
ini one thousand eight hundred and eighteen.

Sect. 3. Be it further enacted, That the stock, property. Number of di-
affairs, and concerns of the said company shall be managed and '■^'^'°''^-
conducted by nine directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until oth-
ers are chosen, and no longer, and who shall, at the time of
their election, be stockholders in said company, and citizens of
this Commonwealth, and shall be elected on the first Monday of
January annually, at such time of the day, and in such place in
Yarmouth, as the directors, for die time being, shall direct ; of
which election public notice shall be given in any newspaper
printed in the county of Barnstable, or any newspaper printed
in the city of Boston, ten days, at least, previous to the meet-
ing, and the election shall be made by ballots, by a majority of
the votes of the stockholders present, allowing one vote to each
share in the capital stock : provided, that no stockholder shall be Right of voting,
allowed more than ten votes, and absent stockholders may vote
VOL. VI. 58

458

1825.-

■Chap. 175.

Secretary upon
application shall
call a meeting of
stockholders.

Choice of pres-
ident.

Vacancies how
filled.

Board of di-
rectors.

By-laws.

Proviso.

First meeting-.

Conditions of
this charter.

by proxy, under such regulations as the said company shall pre-
scribe ; and if, by any accident or mistake, the directors should
not be chosen on the said first Monday of January as aforesaid, it
shall be lawful to choose them on any other day in the manner
herein provided ; and it shall be the duty of the secretary of said
company, at any time, upon application, in writing, of the proprie-
tors of twenty per centum of the capital stock, to call a meeting
of the stockholders, to be holden at such time and place in
Yarmouth as they shall direct, for the purposes mentioned in
such application, by giving like notice thereof as is herein re-
quired for the election of directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be after every election, and
shall choose out of their body one person to be president, who
shall be sworn or affirmed to the faithful performance of the du-
ties of his office, and who shall preside for one year ; and in
case of death, resignation, or inability to serve, of the presi-
dent, or any directors, such vacancy or vacancies may be filled
for the remainder of the year in which they may happen, by a
special election for that purpose, to be notified, and held, in the
same manner as is herein before provided respecting annual
elections of directors.

Sect. 5. Be it further enacted, That the president and
four of the directors, or five of them in his absence, shall be a
board cotnpetent to the transaction of business, and all questions
before them shall be decided by a majority of votes ; and they
shall have power to make and prescribe such by-laws, rules, and
regulations as to them shall appear needful and proper, touching
the management and disposition of the stock, property, estate,
and effects of said company, and the transfer of the shares, and
touching the conduct and duties of the several officers, clerks
and servants employed, and the election of the directors, and
all such matters as appertain to the business of insurance ; and
who shall have power to appoint a secretary and so many clerks,
for carrying on the said business, and with such salaries and al-
lowances to them and to their president, as to the said board
shall seem meet : provided, such by-laws and regulations shall
not be repugnant to the constitution and laws of this Common-
wealth.

Sect. 6. Be it further enacted, That any five of the per-
sons named in this act, are hereby authorized to call a meeting
of said company, by advertising the same in any newspaper
printed in the county of Barnstable, or in the New England
Palladium, printed in the city of Boston, fourteen days at least
before the day on which the choice is to be made, for the pur-
pose of electing their first board of directors, who shall remain
in office until the first Monday of January next, and until others
shall be elected in their stead : provided, hoicever, that this char-
ter shall be void and of no effect unless put in operation, agree-
ably to the terms of it, within one year from and after the pas-
sing of this act : and provided, also, that said company shall

1825. Chap. 175—178. 459

not take any risk, or subscribe any policy by virtue of this act,
until one moiety of the capital of said company shall have actu-
ally been paid in or secured in manner before provided.

Sect. 7. Be it further enacted, That the said company Limitation of
shall never take, on any one risk against fire or other risks, or "^'^s-
loan on respondentia or bottomry, on any one bottom, at any one
time, including the sum insured in any other way on the same
bottom, a sum exceeding ten per centum on the capital stock
of said company, actually paid in, or secured agreeably to the
provisions of this act.

Sect. 8. Be it further enacted, That said insurance com- Location,
pany shall be located and kept in the town of Yarmouth.

Sect. 9. Be it further enacted, That said insurance com- Liability to be
pany shall be liable to be taxed, by a general law, providing for taxed,
the taxation of all similar corporations.

Sect. 10. Be it further enacted, That the capital stock of Capital stock
said company shall not be sold or transferred, but shall be hoi- shall not be sold
den by the original subscribers thereto, lor and during the peri-
od of one year after this charter shall be put into operation as
aforesaid. [J\Iarch4, 1826.]

An Act to incorporate the President, Directors and Company of the Leicester liank. /^/j/y^ 1 7R

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That John Clapp, John Richardson, James Smith, per^(,„j, lacot-
John A. Smith, Henry Sargent, .Joseph D. Sargent, John Da- porated.
vis, Austin Flint, and Thomas Denny, their associates, suc-
cessors and assigns, shall be, and hereby are created a cor-
poration, by the name of the President, Directors and Compa-
ny of the Leicester Bank, and shall so continue until the first
Monday in October, which will be in the year of our Lord one
thousand eight hundred and thirty-one ; and ihe said corporation
shall always be subject to the rules, restrictions, limitations, privUeg-es and
taxes and provisions, and be entitled to the same rights, privi- duties,
leges and immunities, which are contained in an act, entitled,
"an act to incorporate the president, directors and company of isuch. 84.
the State Bank," except so far as the same are modified or alter-
ed by this act, as fully and effectually as if the several sections
of said act, were herein specially recited and enacted : provided,
however, that the amount of bills issued from said bank, at any
one time, shall not exceed the amount of the capital stock actu-
ally paid in.

Sect. 2. Be it further enacted. That the capital stock of Amount of cap-
said corporation shall consist of the sum of one hundred thou- "^'•
sand dollars, in gold and silver, to be, with such part as this
Commonwealth may subscribe in manner herein after mentioned
divided into shares of one hundred dollars each, which shall be
paid in manner following, viz : one fourth part thereof on the When to be
first day of June next, one fourth part thereof on or before the P^'*^-
first day of August next, one fourth part on or before the first day
of November next and one fourth part on or before the first
day of February next, and no dividend shall be declared on the
capital stock of said bank, nntil the whole of said capital stock

460 1825. Chap. 178.

shall have been paid in, conformably to the provisions of this
act. And the stockholders at their first meeting shall, by a ma-
jority of votes, determine the mode of transferring and disposing
of said stock and the profits thereof, which being entered on
the books of said corporation, shall be binding on the stockhol-
ders, their successors and assigns, until they shall otherwise de-
termine. And the said corporation are hereby made capable in
law, to have, hold, purchase, receive, possess and enjoy, and
retain to them, their successors and assigns, lands, tenements
Real estate. and heieditaments to the amount of ten thousand dollars, and no
more at any one time, with power to bargain, sell, dispose and
convey the same by deed, under the seal of said corporation,
and signed by the president, or two of the directors ; and to
loan and negotiate their monies and effects, by discounting on
banking principles on such security as they may think advisable :
Proviio. provided, however, that nothing herein contained shall restrain or

prevent said corporation from taking and holding real estate in
mortgage, or on execution, to any amount as security for, or in
payment of, any debts due to the said corporation : and pro-
vided, further, that no monies shall be loaned, or discounts
made, nor shall any bills or promissory notes be issued from said
bank, until the capital subscribed and actually paid in, and ex-
isting in gold and silver in their vaults, shall amount to fifty thou-
sand dollars, nor until said capital stock actually in said vaults
Examination of shall liavc bccn inspected and examined by three commissioners,
capital by com- ^q ^g appointed by the governor for that purpose, whose duty it
shall be, at the expense ol the corporation, to examine tiie ino-
nies actually existing in said vaults : and to ascertain, by the
oath of the directors of said bank, or a majority of them, that
said capital stock hath been bona fide paid in by the stockhold-
ers of said bank, and towards the payment of their respective
shares, and not for any other purpose ; and that it is intended
therein to remain, as a part of said capital ;and to return a certificate
thereof to the governor. And no stockholder shall be allowed
to borrow money at said bank, until he shall have paid in his
full proportion of said capital stock, as herein before provided
and required.
Location of Sect. 3. Be it further enacted. That the said bank shall

ber of direc- ' be established and kept in Leicester; and the number of di-
tors. rectors shall be nine, five of whom shall be necessary to consti-

tute a quorum for the transaction of business ; a majority of the
directors shall always be residents in said town, and all of them
in the county of Worcester ; and no loan or discount shall be
made, nor shall any bill or note be issued by the said corpo-
ration, or by any person on their account, in any other place
than at the said bank.
Loans to the Sect. 4. Be it further enacted, That whenever the Leg-

w°"lth""' islature shall require it, the said corporation shall loan to the

Commonwealth, any sum of money which shall be required, not
exceeding ten per centum of the capital stock actually paid in, at
any time, reimbursable by five annual instalments, or any shorter

missioners.

1825. Chap. 178. 461

time at the election of the Commonwealth, with ihe annual pay-
ment of interest at a rate not exceeding five per centum per an-
num : provided, however, that the Commonwealth shall never
stand indehted to said corporation, without their consent, for a
larger sum than twenty per centum of their capital stock paid in.

Sect. 5. Be it further enacted, That the persons herein First meeting,
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation,
as soon as may be, at such time and place as they may see fit to
appoint, by advertising the same in any two of the newspapers
printed in Worcester, for the purpose of making, ordaining and
establishing such by-laws and regulations for the orderly con-
ducting the affairs of said corporation, as the stockholders shall
deem necessary : provided, the same be not repugnant to the
constitution and laws of this Commonwealth ; and the choice of
the first board of directors, and such other officers as they shall
see fit to choose.

Sect. G. Be it further enacted. That the Commonwealth Commonweaiih
shall have a right, whenever the Legislature shall make provis- may suhscnbe

, r ,° , 1 -1 ^ c 1 ^ ^ ^° capital stock.

ion thereior by law, to subscribe on account oi the Oommon-
wealth a sum not exceeding fifty thousand dollars, to be added
to the capital stock of said corporation, subject to such rules,
regulations and provisions, as to the management, as shall be by
the Legislature made and established.

Sect. 7. Be it further enacted, That whenever the Com-
monwealth shall subscribe to the capital stock of said corporation
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall Directors may
have a right from time to time to appoint a number of directors be appointed by

. , P 1 . . I * ^ • 1 r I r ^"^ Legislature.

to said bank, in proportion as the sum paid Irom the treasury oi
the Commonwealth, shall be to the whole amount of stock actu-
ally paid into said bank, if at any time hereafter they shall see fit
to exercise that right.

Sect. 8. Be it further enacted, That the cashier, before cashier to give
he enters upon the duties of his office, shall give bond with sure- ''ond.
ties to the satisfaction of the board of directors, in a sum not less
than twenty thousand dollars, with conditions for the faithful dis-
charge of his office.

Sect. 9. Be it further enacted, That the said corporation Tax.
from and after the first day of October next, shall pay by way of
tax, to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first day of October and April,
annually, the half of one per centum on the amount of stock
which shall have been actually paid in.

Sect. 10. Be it further enacted, That the said corporation Corporation lia-
shall be liable to pay any bona fide holder the original amount of j^l^® amomit°oF*
any note of said bank, counterfeited or altered, in the course of altered notes,
its circulation, to a larger amount, notwithstanding such alteration ;
and shall also be liable to pay to any bona fide holder the amount
of any note counterfeited, unless all the notes actually issued by
said corporation, shall be printed or impressed with the stereo-

462

1825.-

-Chap. 178—179.

Conditions of
charier.

Legislative cx-
ainiiiatioii.

type plate ; and that said corporation shall not, at any place what-
ever, directly or indirectly, purchase, receive, pay or exchange
any bill or note of said bank, for any less sum than the nominal
value expressed in such bill or note.

Sect. 1 1. Be it further enacted^ That the capital stock of
said bank shall not be sold or transferred, but shall be holden by
the original subscribers thereto, for and during the period of one
year from the time of passing this act. And in case the same
shall not be put into operation, according to the provisions there-
of, within the year aforesaid, it shall be void.

Sect. 12. Be it further enacted. That any conmiittee, sj)e-
cially appointed by the Legislature for that purpose, shall have a
right to examine into the doings of said corporation, and shall
have free access to all their books and vaults ; and if, upon such
examination, it shall be found, and, after a full hearing of said
corporation thereon, be determined by the Legislature, that the
said corporation have exceeded the powers herein granted them,
or failed to comply with any of the rules, restrictions or condi-
tions, in this act provided, this act of incorporation shall there-
upon be declared to be forfeited and void. [J^Iarch 4, 1826.]
Add. act, 1830 ch. 58.

C/i«pl79.

Persons incor-
porated.

Powers.

13>'-Ia\vs.

Real estate.

Proviso.

An Act to incorporate the North Market Street Warehouse Company.

Sect. 1. BE it enacted hy the Se7iote and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Benjamin P. Homer, John D. Williams, Dan-
iel P. Parker, Henry Rice, Amos Lawrence, Abbott Lawrence
and Isaac McLellan, and all such persons as may associate with
them as proprietors, their successors and assigns, shall be, and
hereby are constituted a body politic and corporate, by the name
of the North Market Street Warehouse Conipany ; and by that
name may sue and be sued, defend and be defended in any courts
of record, or other place whatsoever, and shall and may do and
suffer all matters, acts and things which bodies politic may do
and suffer ; and may make, have and use a common seal, and
the same at pleasure, break, alter and renew, and ordain and put
in execution, such by-laws, ordinances and regulations as to them
shall appear necessary and convenient for the government of said
corporation, and for the prudent management of their affairs ; and
for the breach of such by-laws, ordinances and regulations, may
order fines and penalties not exceeding ten dollars for every
breach : provided, that such by-laws, ordinances and regulations
shall not be repugnant to the laws of this Commonwealth.

Sect. 2. Be it further enacted. That the said corporation
be, and the same is declared capable to hold, have and possess,
in fee simple, or otherwise, all, or any part of that real estate in
the city of Boston, bounded west on the Roe-buck passage way,
south on North Market street, east on the new street leading from
Long wharf, by the end of the new market-house, to Mill creek,
north on Mill creek and the city's land : provided, the said cor-
poration shall acquire the same by legal grant, from the lawful

1825. Chap. 179. 463

])roprietors thereof; and said corporation shall have power to
grant, sell and alien, in fee simple, or otherwise, the said corpo-
rate property, or any part thereof, and to lease, manage and oth-
erwise improve the same, according to their will and pleasure,
and by such forms of conveyance and contracts as shall, by their
by-laws, be provided.

Sect. 3. Be it further enacted, That said proprietors, at Shares, and the
any legal meeting, may agree upon the number of shares, into transfer of them,
which said estate shall be divided, and agree upon the form of
certificates to be given to the proprietors, which shares shall be
deemed and considered as personal estate, and shall be transfera-
ble, by assignment on the back of the certificate, i-ecorded by
the clerk of the corporation, in a book to be kept for that pur-
pose, and shall be liable to attachments on mesne process, and
sale on execution, in the manner, and according to the form of
the statutes, making provision for the attachment and sale of shares
of debtors, in incorporated companies.

Sect. 4. Be it further enacted, That the real estate and Real estate of
other property of said corporation, shall be liable to be attached '""''po'aiion ha-
on mesne process, and be set off and sold on execution against mentandexe-
the corporation, in the same manner as the property or estate of <^""o"-
individuals is by law subject to mesne or final process.

Sect. 5. Be it further enacted, That said corporation shall Assessments,
have power, from time to time, to assess on the stockholders, simres'ftiMheir
such sums of money, not exceeding, in the whole, three hundred payment,
dollars on each share, for the piu'chase, improvement and good
management of their estate, and for erecting, repairing and alter-
ing buildings, or for the incidental expenses of the corporation,
and to sell or dispose of the shares of any delinquent proprietor,
for the payment of such assessment, in such way and manner as
said corporation may, by their by-laws and regulations, determine
and agree upon.

Sect. G. Be it further enacted, That in all meetings of Right to vote,
stockholders in tli\e said corporation, each member shall be enti-
tled to one vote for each share held by him.

Sect. 7. Be it further enacted. That either of the persons First meeting-,
named in the first section of this act, may call the first meeting
of said corporation, by advertising in any newspaper printed ill
Boston three limes ; the first not less than three days before the
time appointed for such meeting ; and the corporation, at their
first meeting, and afterwards, annually, on such day as shall be
established by the by-laws, shall choose a president, clerk, and
such other directors or officers as they may see fit ; which
clerk shall be under oath ; they may also agree upon the mode
of calling future ineetings.

Sect. 8. Be it further enacted. That all covenants or con- individual lia-
tracts which shall be made by said corporation, and all debts due 1^0]%^°/'°^ '
from it, shall be binding on each one and all of those persons in-
dividually, who shall be stockholders in said corporation, when
such contracts respectively are made, and on their respective
heirs, executors and administrators, in the same manner, as if

464 1825. Chap. 179—182.

such covenants and contracts had been made on debts contracted
by such stockholder or stockholders, in his or their individual
capacity.
Legislative Sect. 9. Bc it further enacted^ That this act shall continue

control. jj^ force twenty years from the passing thereof, after the expira-

tion of which term the same may be repealed at the pleasure of
the Legislature : provided, that in case of such repeal, the lands
and tenements of said corporation shall be vested in the stock-
holders, at the time of such repeal, and their heirs, as tenants in
common, in proportion to their respective interest in the premises.
Sect. 10. Be it further enacted. That this act may be
amended, revised and terminated at the pleasure of the Legisla-
ture. [March 4, 1826.]

ChCLD 181. •'^" ^^^' authorizing the United States to purchase a site for a Marine Hospital, in the
■t^ town of Chelsea.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
United States That the Consent of this Commonwealth be, and hereby is granted
si'te'^for^a'^ hospi- to the United States, to purchase a tract of land, not exceeding
tal ju Chelsea, ten acrcs, which shall be found necessary for the Marine Hospi-
tal to be built in Chelsea, in the county of Suffolk, and may hold
the same during the continuance of the use and appropriation
Provisos. aforesaid : provided, that this Commonwealth shall retain, and

does hereby retain, concurrent jurisdiction with the United States
in and over said land, so far as that all civil and criminal process
issued under the authority of this Commonwealih, or any officer
thereof, may be executed on any part of said land, or in any
building which may be erected thereon, in the same way and
manner, as though this consent had not been granted as aforesaid ;
and provided, further, that all persons who may remove upon the
tract of land hereby authorized to be purchased as aforesaid, shall
be deemed and taken to be inhabitants of the town of Chelsea, in
the same way and manner as they would have been, had they re-
moved into any other part of said town, and shall there do the
duty, and receive the same privileges as other inhabitants of
Chelsea, saving that they shall not be liable to serve on juries, or
do military duty. [March4, 1826.]

/~^J 1 QQ ■'^" Act concerning .Tuveiiile OtVenders, in the ciiy of Boston.

^ ' Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority of
City of Boston the same. That the city council of the city of Boston, be, and

may erect a hereby are authorized to erect a buildins; in said city, for the re-
house lor the .• • ^ ^- 1 . I'^r • c i •

reformation of ccptmn, mstruction, employment and reformation ot such jtive-
juveniie offend- nile offenders, as are herein after named ; or to use for these
^'^' purposes the house of industry, or correction, at South Boston,

or any other house or building belonging to said city, that the city

council may appropriate to these uses.
Directors for Sect. 2. Be it further enacted, That the directors of the

the reformation said housc of industry, or such other persons as said city council
o juveni e o - g|^g|j ^ppQj^j directors of said house, for the employment and re-

1825. Chap. 182. 466

formation of juvenile offenders, shall have power, at their discre- fenders, and
tion, to receive and take into said house all such children who il'cir powers,
shall be convicted of criminal olfences, or taken up and conmiit-
ted under and by virtue of an act of this Conmionvvealth, "for 1787 ch 54.
suppressing and punishing of rogues, vagabonds, common beg-
gars, and other idle, disorderly and lewd persons," and who may,
in the judgment of any justice of the supreme judicial court, sit-
ting within and for the county of Suffolk, or of the judge of the
municipal court of the city of Boston, or of any justice of the po-
lice court, within and for the city of Boston, be proper objects
therefor ; and upon the conviction or commitment aforesaid, of
any child, in the judgment of such judge or justice, a proper ob-
ject for the said house of employment and reformation, the said
judge or justice, previously to declaring the sentence of the law
on such child, shall cause notice to be given to the directors of
the said house ; and in case the said directors shall declare their
assent to the admission of such child into said house, the said
judge or justice shall sentence him or her to be committed to said
house of employment and reformation, subject to the control of
the directors thereof, in conformity with the provisions of this act.

Sect. 3. Be it further enacted, That any justice or judge Courts may
of either of the said courts respectively, on the application of the ^'^"^""•^^ chil-

' *^ * ■* oi'en to 110US6

mayor, or of any alderman of the city of Boston, or of any director of reformation,
of the house of industry, or house of reformation, or of any over-
seer of the poor, of said city, shall have power to sentence to
said house of employment and reformation all children who live
an idle or dissolute life, whose parents are dead, or if living, from
drunkenness, or other vices, neglect to provide any suitable em-
ployment, or exercise any salutary control over said children.
And the persons thus committed, shall be kept, governed and
disposed of, as hereinafter provided, the males till they are of the
age of twenty-one years, and the females of eighteen years.

Sect. 4. Be it further enacted. That the directors of said Directors may
house of industry, or such other persons as said city council shall P'^*^^ children

•' *■ •' a.t service

appoint directors of the institution, authorized by this act, may
receive the persons sentenced and committed as aforesaid, into
said institution ; and they shall have power to place the persons
committed to their care, the males until they arrive at the age of
twenty-one years, and the females until they arrive at the age of
eighteen years, at such employments, and to cause them to be
instructed in such branches of useful knowledge, as shall be suit-
able to their years and capacity ; and they shall have power to
bind out said minors, as apprentices or servants, until they arrive
at the ages aforesaid, to such persons, and at such places, to
learn such arts, trades, and employments, as in their judgment
will be most for the reformation, amendment, and future benefit
and advantage of such minors. And the provisions of an act en- 1793 ch, 59.
tided "an act providing for the relief and support, employment and
removal of the poor, and for repealing all former laws made for
these purposes," passed the twenty-sixth day of February, in the
year of our Lord one thousand seven hundred and ninety-four,
VOL. VI. 59

466

1825.

-Chap. 182—183.

Minors may be
discharged.

Courts may
transfer chil-
dren committed
to the common
gaol.

City may estab-
lish more than
one house of
correction.

Chap US.

Persons incor-
porated.

[^Limitation re-
pealed, 1831 ch.
48.]
Powers.

Proviso.

contained in the fourth, fiftli and sixth sections thereof, so far as
they relate to binding out children as servants or apprentices, are
adopted as a part of this act ; and the directors specified in this
act, shall have all the powers, and be subject to all the duties, of
the overseers of the poor, as set forth in the sections aforesaid,
of the act aforesaid ; and the master or mistress, servant and ap-
prentice, bound out as aforesaid, shall have all the rights and
privileges, and be subject to all the duties set forth in the sec-
lions aforesaid of the act aforesaid.

Sect. 5. Be it further enacted, That whenever said di-
rectors, overseers, or managers, shall deem it expedient to dis-
charge any minor, committed to their charge as aforesaid, and
not bound out as a servant or apprentice, and shall recommend
the same in writing to the court by whom such minor \vas com-
mitted, said court shall have power to discharge him or her from
the imprisonment or custody aforesaid.

Sect. 6. Be it further enacted, That the said judge or ei-
ther of the said justices, on the application of either of the persons
mentioned in the third section of this act, shall have power to
order the transfer of any child conmiitted to the common gaol, or
the house of correction, and inmates of the same, at the time of
passing this act, to the said house for the employment and re-
formation of juvenile ofienders, to be received, kept, or bound
out by the directors thereof, in conformity with the provisions of
this act.

Sect. 7. Be it further enacted, That it shall be lawful for
the said city council, at their discretion, to establish within said
city, two or more houses of correction, to be houses of correc-
tion for the county of Suffolk ; and it shall be lawful for the
mayor and aldermen of said city, to transfer persons held under
sentence in either of said houses, to any other of said houses,
when, in their opinion, the health, moral improvement, or ben-
eficial employment of such persons will be promoted thereby.
[March 4, 1826.] Add. act, 1829 ch. 18.

An Act to incorporate the Granite Railwa}- Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Thomas H. Perkins, William Sullivan, Amos
Lawrence, David Moody, Solomon Willard, and Gridley Bry-
ant, together with their associates, and such as may hereafter as-
sociate with them, and their successors, be, and they are hereby
declared to be a corporation, by the name of the (jranite Rail-
way Company, for and during the term of *forty years from the
passing of this act ; and by that name may sue and be sued, plead
and be impleaded, and may have a common seal, and may make
and establish rules, orders and by-laws not repugnant to the laws
of this Commonwealth ; and may annex penalties for the breach
of such rules, orders and by-laws : provided, the same shall not
exceed ten dollars ; and may choose all officers, and appoint all
agents necessary and proper to carry into effect the powers and
privileges hereby created.

1825. Chap. 183. 467

Sect. 2. Be it further enacted, That the said corpora- Direction of
tion be, and they hereby are authorized atid empowered to pur- ''^''^^>-
chase, have, and hold land, extending from the furnace lot, so
called, in the town of Quincy, and from the ledges of granite
rock, situate in or near said lot, and extending thence to the tide-
waters at any point within said town of Quincy, or within the
town of Milton : provided, that if any part of said railway shall Proviso,
be erected or laid within ihe town of Milton, the assent of the
said town of Milton shall be first obtained : provided, the land so
purchased, had, and held, be situate northwestwardly of Quincy
commons, so called, and of Mount Wollaston : and provided,
also, that said land be not of greater extent in width than six rods ; Width of land,
and that said corporation may lay, build, and construct within the
same land, any rail ways for the transportation of granite stone ;
and may maintain, repair, and use such railways for and during
the term of forty years aforesaid ; but the said corporation shall
erect, and during said term, keep up and maintain good and suf-
ficient gates where said railways may pass through fences ex-
isting at the time of making said railways.

Sect. 3. Be it fui'tker enacted, That the said corpora- Flats and
tion may purchase, have, hold and use land, marsh, and flats, ^^^^ '
from high water mark to low water mark, and as much be-
low the latter as may be necessary, of the width of sixteen
rods, and connected with the land of six rods in width as afore-
said ; and that said corporation may continue their railways in
and upon the said land, marsh and flats, and may therein dig and
construct any canals, and erect any buildings, or other structures,
necessary and convenient for the transportation and carrying
stone, and for exercising the powers and privileges hereby given.

Sect. 4. Be it further enacted. That the said corporation
are hereby authorized and empowered to take the said land of
six rods in width, and the said land, marsh, and flats of sixteen
rods in width, for the purposes and uses by this act intended ;
and if the said corporation, and the person or persons who may
be proprietor or proprietors of the land so taken, do not agree
on a compensation for such land, marsh, and flats, nor on com-
missioners or agents for appraising the saine ; and if the said
corporation and any person or persons, who shall sustain any
damage by the execution of the powers hereby given, do not
agree in estimating the amount of such damage, nor on commis-
sioners to estimate the same, such person or persons may ap- Committee may
ply to the court of conmion pleas, in the county of Norfolk, for be appointed

i J ^ .'. '' to estimate

a committee to be appointed to appraise the land, marsh, or damages.
flats taken, or to estimate the damage aforesaid, as the case may
be ; and the said court shall thereupon give reasonable notice to
said corporation to appear, and shew cause, why such committee
should not be appointed ; and if no cause be shown, said court
shall appoint a committee of three or five disinterested freehol-
ders, being inhabitants of this Commonwealth ; and such com-
mittee shall be sworn, and shall notify both parties of the time
and place of executing their commission ; and such committee

468 1825. Chap. 183.

shall thereupon execute the same ; and shall appraise the land, marsh,
or flats, or estimate the damage, if any, or both, as the case may
be ; and shall make return of their doings into the same court as
soon as may be, and upon the acceptance of the report by said com-
mittee made, the court shall render judgment thereon, with reason-
Either party able costs to the party prevailing : provided, however, that either
trUiib/j'uTy! P^f^y? 3^'©'' ^^^^ return of the said report, may claim a trial by
jury ; and the court shall thereupon stay judgment on said re-
port ; and a trial by jury shall be had at the bar of said court ;
and if the party applying for a jury shall not obtain, in case it be
the original applicant, an increase of the amount of appraise-
ment, or of the estimate of damages, as the case may be ; or in
case it be the original respondent, a decrease of the amount of
appraisement, or of the estimate of damages, as may have been
awarded by the committee, such party shall pay reasonable costs
of the trial by jury ; otherwise, shall recover reasonable costs,
and upon any judgment rendered on report of committee, or
verdict of jury, the court may issue execution ; and from any
judgment so rendered, neither party shall be allowed to appeal.
Tolls. Sect. 5. Be it further enacted, That the said corporation

shall have a right for and during the term of ten years from the
passing of this act, to demand and collect a reasonable toll for
the conveyance of stone and other property, in their cars and
vehicles on said railways, not exceeding twelve per centum per
annum on the cost of building said railways, and keeping the
same in repair ; after which term, the said toll may be altered
to such reasonable sum as the Legislature may by law deem fit
to establish ; and any person or persons shall be entitled to have
stone carried on the said cars and vehicles at pleasure, on pay-
ment of toll as aforesaid.
Railway may Sect. 6. Be it further enacted, That if the said railways

or°publ'irways ^'^reby authorized to be constructed, shall, in the course thereof,
cross any private way, the said corporation shall so construct
said railways as not to obstruct the safe and convenient use of
such private way ; and if said railways be not so constructed,
the party aggrieved shall be entided to his action on the case in
any court proper to try the same ; and shall recover his reason-
able damages for such injury. And if the said railways shall, in
the course thereof, cross any turnpike or other highway, the said
railways shall be so constructed as not to impede or obstruct the
safe and convenient use of such turnpike or highway ; and the
said corporation shall have power to raise such turnpike or high-
way, so that said railways may conveniently pass under the same ;
and if said corporation shall raise any such turnpike or highway,
pursuant hereto, and shall not so raise the same as to be satisfac-
tory to the proprietors of such turnpike, or to the selectmen of
the town in w^hich such highway may be situate, as the case may
be, said proprietors or selectmen may require of said corpora-
tion such alteration or amendment as they may think necessary ;
and if the required alteration or amendment be reasonable and

1825. Chap. 183. 469

proper, and the said corporation shall unnecessarily and unrca- Partyag^grieved
sonably neglect to make the same, such proprietors or select- }"„^,f ^^^'*^ ^'^'
men, as the case may be, may proceed to make such alteration
or amendment, and may institute and prosecute to final judgment
and execution, in any court projier to try the same, any action
of the case against the said corporation, and shall therein recov-
er a reasonable indemnity in damages for all charges, disburse-
ments, labor, and services, occasioned by making such alteration
or amendment, with costs of suit.

Sect. 7. Be it further enacted, That the said Granite Real and per-
Railway Company may purchase, have, and hold, use and enjoy, sonal estate,
real and personal estate, to the amount of one hundred thousand [Capital in-
dollars in the whole ; and that the corporate property shall be ^[f^eo i''^^^
personal estate, and may be divided into shares not exceeding
two hundred, and that the evidence of ownership in said corpo-
rate property shall be in such form of certificate under the cor-
porate seal, and signed by such officer or officers as the said
corporation may agree on.

Sect. 8. Be it further enacted, That Thomas H. Per- First meotin^.
kins, or either of the other persons herein before named, may
call the first meeting of the corporation by this act created, by
advertisement in one or more newspapers printed in Boston,
and at that meeting, or any adjourned meeting, the said corpo-
ration may be organized, and may proceed to exercise the pow-
ers by this act given.

Sect. 9. Be it further enacted, That if the said corpora- Condition of
tion shall not have constructed and put into use, at least one of
the railways by this act authorized, within three years from the
passing of this act, then, and in such case, this act shall be void.

Sect. 10. Be it further enacted. That the Legislature Lcgisiainre
may authorize, at any future time, the establishment of any oth- 'Jlher^raliwavs.
er railways, within the towns of Quincy or Milton, not incom-
patible with the existence and convenient use of the railways by
this act authorized, the powers, rights, and privileges by this act
granted notwithstanding.

Sect. II. Be it further enacted, That the stockholders in individual Jia-
said Granite Railway Company, shall at all times be liable, in ^01%°/*'°'^'^"
their persons and estates, for all debts which shall be contracted
by said corporation, in like manner, and the legal remedies for
the recovery of debts shall be the same as is provided for, in
and by the act, entitled "an act defining the general powers I8O8 ch. 65.
and duties of manufacturing corporations," passed on the third
day of March, in the year of our Lord one thousand eight hun-
dred and nine, and the several acts in addition thereto. [March
4, 1826.] Add. acts, 1831 ch. 48 : 1836 ch. 160.

470

1826.-

-Chap. 1 — 4.

Chap. 1.

1823 ch. 1C4.

Authorized to
lay out roail six
rods wide.

Chap. 2.

1813 ch. 177.

Chap. 4.

Persons incor-
porated.

Powers and
privileg^es.

Real and per-
sonal estate.

Corporation
may erect dams.

Shall pay dam-
ages.

1793 ch. 7-1.

Penally for in-
juring dams.

An Act in addition to an Act, entitled " An Act to incorporate the Proprietors of the

Newl)uryport ]?ri(lge."

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That the Proj)rielors of tlie Newburyport Bridge be, and they
are hereby authorized and empowered to lay out and make a
road six rods wide, or less, as the satne shall be deemed expedi-
ent, but not less than four rods wide, from said bridge, on the
Salisbury side, to the county road leading to the east meeting-
house in said Salisbury ; the damages to be regulated agreeably
to the provisions of the act to which this is in addition. [June
19, 1S26.]

An Act in amendment of an Act entitled ' An Act to incorporate the Calvinislic Con-
gregational Society in Sandwich, in the county of Ijarnslablc."

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the second section of the act, of which this is an amend-
ment, be, and the same is hereby repealed. [June 19, 1S26.]

An Act to incorporate the Proprietors of Mills on the Quesct and Town rivers, in the
towns of Easton, West Bridgewalcr and Bridgewaler.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That David Manly, ,Tohn Williams, Isaac Wendell,
Oliver Ames, Elijah Howard, William G. Andrews, Charles
Hayden, Joel Drake, Elijjhalet iNIitchell, Horatio Copeland,
James Guild, Calvin Brett, Nathan Lazell, Seth Johnson,
Jacob Perkins, Nathan Lazell, Jr., Abisha Stetson, Increase
Robinson, with their associates and successors, be, and they
are hereby made a corporation and body politic, by the name
and style of the Proprietors of Mills on Queset and Town
rivers, with all the powers, privileges and immunities incident
to a corporation aggregate ; and said corporation is hereby made
capable in law, of having, holding, ])urchasing, and taking in
fee simple, by gift, grant, devise, or otherwise, such real estate,
not exceeding ten thousand dollars, and such personal estate, not
exceeding two thousand dollars, as shall be necessary for the
purposes contemplated in this act.

Sect. 2. Be it further enacted, That said corporation shall
have full power, liberty and authority to erect and maintain on
their own land, or on the land of any person, with his consent,
legally obtained, such dams and sluice ways, as may be necessary
or convenient for the making of a reservoir, or reservoirs, in the
towns of Easton and Stoughton, for the purpose of retaining the
water for the use of said corporation ; and said corporation shall
be subject to pay all damages that may arise to any person, by
flowing his land for the purposes aforesaid, agreeably to the pro-
vision of an act, entitled "an act for the support and regulation
of mills," and the several acts in addition thereto ; and shall also
be subject to pay all damages that may arise to any person or
corporation from the diversion of said water.

Sect. 3. Be it further enacted. That if any person or per-
sons shall wilfully or maliciously take up, remove, dig under, or

1826. Chap. 4—6. 471

otherwise injure or destroy, in any manner, said dam or dams,
or sluice ways, or any part of them, or shall impede or hinder
said proprietors, or their agents, in erecting, maintaining or re-
pairing their said dams or sluiceways, or any of them, such per-
son or persons shall forfeit and pay to said corporation a sum not
less tlian fifty dollars, nor more than one hundred dollars, accord-
ing to the nature and aggi'avation of the injury done or committed ;
and such offender shall be further liable to indictment for such
trespass, and on conviction thereof shall be sentenced to pay a
fine to the use of the Commonwealth, of not less than ten dollars,
nor more than fifty dollars.

Sect. 4. Be it further enacted, That said corporation shall General jiowcrs.
have a common seal, and be capable in law to prosecute and de-
fend to final judgment and execution, any action, or other j)ro-
cess, before any court, tribunal, or magistrate whatever, and to
do and perform all such otiier acts and things as an aggregate
corporation may, or of right can do ; and they shall have power
to appoint a president, cleik, and such other officers and agents,
and to make such by-laws and regulations as they may find ne-
cessary : provided, the same are not repugnant to the laws of this
Commonwealth.

Sect. 5. Be it further enacted, That any three of the pro- First meeting.
prietors named in the first section of this act, may call the first
meeting of said corporation, to be holden at such time and place
as they may judge proper, they giving two days previous notice
to the other proprietors thei'ein named. Provided, nevertheless, Troviso.
that it shall be in the power of the Legislature to repeal this act
at any time after twenty years. [June 20, 1826.]

An Act to alter an Act entitled " An Act to incorporate the Liberty Square Ware- f^Jtriq-i ^
house Cjpmpany." I

Sect. 1. BE it enacted by the Senate and House of Rep- 1825 di. 61.
resentatives, in General Court assembled, and by the authority of
the same. That the fifth section of an act, entitled "an act to in- Repeal,
corporate the Liberty Square Warehouse Company," be, and
the same hereby is repealed.

Sect. 2. Be it further enacted by the authority aforesaid,
That said corporation, at any legal meeting thereof, shall have Power granted.
power to apply the rents and profits of any estate of the said cor-
poration, and the proceeds of any policy or policies of insurance,
effected, or to be effected, on their estates by said corporation,
to the repairing and rebuilding of any building or buildings injured
or destroyed by fire or otherwise. [June 20, 182G.]

An Act in addition to an Act, entitled " An Act to establish a corporation, by the C^ltfi^i fi
name of the Union Turnpike Corporation." /

BE it enacted by the Senate and House of Representatives, (v. 3 V- 3^3)
in General Court assembled, and by the authority of the same, 1805 ch. 17.
That the proviso in the eighth section of the act to establish a i^bs di. 30.
corporation by the name of the Union Turnpike Corporation, iS09ch. 124.
which provides that no individual proprietor shall be entitled, in isigch.so."
any case, to more than ten votes, be, and the same is hereby re-
pealed. [June 20, 1826.]

472

1826.-

-Chap. 7—10.

CllCrn 7 •^" ^^"^ '" incorporate tlie Congrcgalional Society of Salisbury and Amesbury.

Persons incor-
porated.

Powers and
privileges.

Ileal estate.

First niectiiiE

Chap. 8.

Persons incor-
porated.

Powers and
privileges.

First nieetins

Chap, 10.

Powers granted
to school com-
mittees.

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Jatncs Horton, Joshua Aubin, Jacob Brown,
John Blasdel, Junior., James Homer, Nathaniel Brown, Daniel
Blasdel and Jonathan Webster, with their associates and such
others as shall associate with thcni, with their polls and estates,
be, and they are hereby incorporated into a religious society, by
the name of the Congregational Society of Salisbury and Ames-
bury, with all the powers, privileges and immunities to which
parishes and religious societies arc by law entitled ; and subject
to all the duties and liabilities to which other religious societies
are subject.

Sect. 2. Be it further enacted, That said society be, and
hereby is authorized and empowered to receive a deed of the land
^vhich they have purchased in x\mesbury aforesaid, for a site for
a meeting-house, and to hold other real estate to the amount of
ten thousand dollars, to sell or lease the pews in said meeting-
house, and to give deeds to convey the same.

Sect. 3. Be it further enacted. That the persons named in
the first section of this act, or either of them, may call the first
meeting of said society, by posting up notifications of the time
and place of said meeting, in some public places in Salisbury and
ximesbury. [June 20, 1826.]

An Act to incorporate the Methodist Episcopal Society of Richmond.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Peter Hackley, Aaron Hackley and William
S. Leadbetter, with such others as may associate with them, be-
ing not less than ten legal voters of any parish, precinct or reli-
gious society, and their successors, be, and they hereby are
incorporated into a society, by the name of the Methodist Epis-
copal Society in Richmond, with all the powers and privileges
to which other religious societies are entitled by the constitution
and laws of this Commonwealth.

Sect. 2. Be it further enacted. That the first meeting of
said society shall be convened by a warrant to be issued by any
justice of the peace in the county of Berkshire, directed to any
member of said society, requiring him to notify the members of
said society, to meet at such time and place as shall be designated
in said warrant. [June 20, 1826.]

An Act confirming the proceedings of sundry towns in the choice of School Com-
mittees.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That every school committee which has been chosen by any
town in this Commonwealth, since the first day of jMarch, in the
year of our Lord one thousand eight hundred and twenty-six, to
have the general charge and superintendence of all the public
schools in said town, shall have and exercise, during the time for
which they were respectively chosen, all the powers, and shall

1826. Chap. 10—13. 473

perform all the duties, provided for, in and by an act passed on

the fourth day of March, in the year of our Lord one thousand

eight hundred and twenty-six, entided "an act further to provide 1825 ch. 170.

for the instruction of youth ;" any thing in said act contained to

the contrary notwithstanding. [June 20, 1826.]

An Act to incorporate Ihe Worcester and Brookficld Iron Foundry. C^llfir) 1 1

Sect. 1. BE it enacted by the Senate and House of Repre- ' *

sentatives, in General Court assembled^ and by the authority of
the same, That George T. Rice, Henry W. Miller, Samuel B. Persons incor-
Rice, Alfred Dwight Foster, Abraham Skinner, John Homans, porated.
William A. Wheeler and Joseph Pratt, with their associates,
successors and assigns, be, and they hereby are made a corpora-
tion, by the name of the Worcester and Brookfield Iron Foun-
dry, for the purpose of making and casting iron, in the towns of
Worcester and Brookfield, in the county of Worcester ; and for
this purpose shall have all the powers and privileges, and be Powers and du-
subject to all the duties and requirements contained in an act, ^^^'"
passed on the third day of March, in the year of our Lord one
thousand eight hundred and nine, entitled "an act defining the 1808 ch. 63.
general powers and duties of manufacturing corporations," and
the several acts in addition thereto.

Sect. 2, Be it further enacted, That the said corporation Real and per-
may hold and possess such real estate, not exceeding in value the ^°"^' ^^'^'*^-
sum of thirty thousand dollars, and such personal estate, not ex-
ceeding in value the sum of thirty thousand dollars, as may be
necessary and convenient for the purpose aforesaid.

Sect. 3. Be it further enacted, That any one of the per- First meeting,
sons named in this act be, and either of said persons is hereby
audiorized to appoint the time and place for holding the first
meeting of said corporation, giving ten days notice thereof to the
others, either in person or writing, any thing in the second sec-
lion of the "act" aforesaid, defining the powers and duties of
manufacturing corporations, to the contrary notwithstanding. [June
20, 1826.]

An Act to incorporate the Mercantile Wharf Corporation, in the city of Boston. r^i -i o

Sect. 1. BE it enacted by the Senate and House of Repre- -* '

sentatives, in General Court assembled, and by the authority of
the same, That Robert G. Shaw, Samuel S. Lewis, Luther Persons incor-
Bixby, John J. Valentine, Benjamin Humphrey, and others, P^f^'^^-
their associates, successors, and assigns, be and they hereby are
constituted a body politic and corporate, by the name of " The
Mercantile Wharf Corporation," and the said corporation, by
the same name, are hereby declared and made capable in law, Powers,
to sue and be sued, plead and be impleaded, to have a common
seal, and the same at pleasure to break, alter and renew ; to
make rules and by-laws for the regulation and management of the
estate herein after described, and for the prudent management of
their affairs, consistent with the laws of this Commonwealth, and
generally to do and execute whatever by law does or mayapper-

VOL. VI. 60

474

1826.-

-Chap. 13.

Real estate
described.

Power to man-
age said estate.

Number of
shares.

Transfer and
nltachment of
shares.

Corporate prop-
erty liable to at-
tachment and
execution.

Assessments,
and sale of
shares to pay
the same.

tain to bodies politic and corporate, within the meaning and in-
tent of this act.

Sect. 2. Be it further enacted^ That the said corporation
be, and the same hereby is declared and made capable in law, to
have, hold and possess, by fee simple, lease-hold, or otherwise,
all or any part of that certain real estate, situate in said Boston,
bounded as follows : — northwesterly by Ann street, southwester-
ly on the southwesteily side of the Mill creek and the City
wharf, southeasterly by J.iong wharf, and that line continued to
the channel, and northeasterly by the channel and the northeast-
erly side of Lewis' wharf, together with all the rights, privileges,
and appurtenances thereof: provided^ the lawful proprietors
thereof shall legally convey the same to said corporation ; and the
said corporation shall have j)ower to sell, grant, and alien in fee
simple, or otherwise convey, their corporate property, or any
part thereof, within said described limits, and to lease, manage
and improve, build, rebuild, pull down, or alter the same ; also
to remove, construct, erect, repair, or alter any buildings, wharf,
or wharves, docks, streets or passage-ways, within said limits,
according to their will and jjleasure, by such forms of convey-
ances and contract as shall by their by-laws be provided.

Sect. 3. Be it further enacted, That said proprietors, at
any legal meeting, may agree upon the number of shares into
which said estate shall be divided, and agree upon the forms of
certificates to be given to the proprietors, which shares shall be
deemed and considered as personal estate, and shall be transfera-
ble by assignment on the back of the certificate, recorded by the
clerk of the corporation in a book to be kept for that purpose ;
and shall be liable to attachment on mesne process, and sale on
execution, in the same manner, and according to the form of the
statutes making provision for the attachment and sales [sale] of
shares of debtors in corporate companies.

Sect. 4. Be it further enacted, That the real estate, and
other j)roperty of said corporation shall be liable to be attached
on mesne process, and to be set off and sold on execution against
the corporation, in the same manner as the property or estate of
individuals is by law subject to mesne or final process ; and the
said corporation shall possess the right in equity of redeeming the
same appertaining (by the laws of this Commonwealth) to other
real estate.

Sect. 5. Be it further enacted. That the said corporation
shall have power, from time to time, to assess on the stockhold-
ers such sums of money, not exceeding in the whole three hun-
dred dollars on each share, for the purchase, improvement and
good management of their estate, and for removing, constructing,
erecting, repairing or altering any buildings, wharf or wharves,
docks, streets, or passage-ways on the land within said described
limits, or for the incidental expenses of the said corporation, or
for the improvement and management of the corporate estate,
agreeably to the true intent of this act ; and in case any proprietor
shall refuse or neglect to pay any assessment, the said corpora-

1826. Chap. 13—14. 475

lion may cause such of the shares of sucli proprietor, as may be
sufficient therefor, to be sold at pubhc auction to the highest bid-
der, after thirty days notice to be given, by pubHcation thereof,
in one or more newspapers printed in said Boston ; and after de-
ducting the amount assessed and unpaid, together with the char-
ges of sale, the surplus, if any, shall be paid over to such propri-
etor ; and the purcliaser of such share or shares, so sold, shall be
entitled to receive a certificate of the same.

Sect. 6. Be it further enacted, That in all meetings of the Right of voting.
members of said corporation, for the transaction of business, each
member or proprietor shall be entitled to one vote for every share
by him held in said corporation. But no one proprietor shall
ever be entitled to more than twenty votes : provided^ always,
that no assessment shall be made at any meeting, unless the same
shall be agreed to by two-thirds at least, in number, of votes of
those presenter represented at said meeting, nor unless public no-
tice shall have been given at least ten days previous to such meet-
ing, of the purpose of such meeting, by publication thereof in one
or more newspapers printed in said Boston ; proprietors may ap-
pear and act by proxy in writing, at any meeting.

Sect. 7. Be it further enacted, That either of the per- First meeting.
sons named in the first section of this act, may call the first meet-
ing of said corporation, by advertisement in any newspaper
printed in said Boston, three times, the first to be not less than
six days before the time appointed for such meeting ; and the
corporation, at their first meeting, and afterwards annually, on
such days as shall be established by the by-laws, may choose a
president, clerk, and such other directors or officers as they may
see fit, for conducting their corporate affairs and estate ; the
clerk to be sworn before entering on the duties of his office.

Sect. 8. Be it further enacted, That said corporation shall Legislative
continue and be in force for the term of twenty years from the control.
time of the passage of this act, unless sooner repealed by the
Legislature. [June 20, 1826.]

An Act to establish the boundary line between the towns of South Hadley and Granby CJhnr), 14.
in tlie county of Hampshire. -i *

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That from and after the passing of this act, the boundary line
between the towns of South Hadley and Granby, in the county of
Hampshire, shall forever be known, fixed, and established as fol-
lows, viz : — beginning at a pine tree, now a boundary between said Boundary line,
towns, standing in the northerly line of the town of Springfield, [Altered by St.
thence running north seven degrees west to Stony brook, then 1827 ch. 8.]
down said brook on the line of 1768, until it intersects a line run-
ning from said pine tree, north eleven degrees west, to Church's
road, thence on said line of north eleven degrees west to Church's
road, thence running north, five degrees twenty-nine minutes east,
six hundred and ten rods, to the county road leading from South
Hadley meeting-house, over Mount Holyoke, to the town of
Amherst, passing west of the dwelling-house of Eleazer Nash and
Nathaniel Nash, between the house lot of said Nashes, and the lot

476 1826. Chap. 14—17.

of Seth Moody, where the corners of said lots meet on said road,
to the north side of the san)e road, thence following said road on
the north and westerly side thereof to the southerly line of Am-
herst. The said town of South Hadley being on the westerly
side of said line, and the town of Granby being on the easterly
side of said line. And the above described line shall forever
hereafter be fixed and established to be the true boundary line
between the said towns, in all respects, and to all intents and
purposes, any law or usage to the contrary notwithstanding.
[June 20, 1826.] Add. act, 1827 ch. 8.

r^hnrt 1 fi An Act in addition to an Act. entitled "An Act lo incoroorate the Congrcijalional
l^fiajJ. VO. Church and Society of Pitts Street, in Boston."

1825 ch. 18. ^^ '^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority ofdhe same.

Name changed. That from and after the passing of this act, the name of the Con-
gregational Church and Society of Pitts Street, in Boston, shall
be changed, and the said corporation shall take, and ever after
bear the name of the Congregational Church and Society of Green
Street, in said Boston. [June 20, 1826.]

f^hnn 1 Pt ^" ^^^ '" ''•^'^'^'"" '° ^" •A'^') entitled "An Act to erect Derby School, in the North
O/ttfjf/. 1 U. Parish in Hingliam, into an Academy, by the name of Derby Academy."

1797 ch. 9. BE it enacted by the Senate and House of Representatives, in

(v.2. p. 166.) General Court assembled, and by the authority of the same,
That so much of tiie sixth section of an act, passed on the elev-
enth day of November, in the year of our Lord one thousand
1784 ch. 32. seven hundred and eighty-four, entitled " an act for establishing
(v. 1. p. 80.) a school in the North Parish of Hingham, by the name of the
Derby School," and for appointing and incorporating trustees of
the said school, as provides that the principal preceptor of the
said school, for the time being, shall always be one of the said
trustees, be, and the same is hereby repealed. [Jwie 20, 1826.]

_^. An Act in addition to an Act, passed in the year of our Lord one thousand eight hun-

(^fl(ip> IT. dred and twenty-five, entitled "An Act to establish the Third Congregational Pre-
cinct in Rochester, Middleborougli, and Freetown."

1825 ch. 41. Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, i7i General Court assembled, and by the authority of
the same. That the act to which this is in addition shall have the
same force and effect, to all intents and purposes, as if the title
1792 ch. 66. had been " an act in addition to an act, entitled an act to incor-
(v, i.p.430.) porate a nimiber of the inhabitants of the towns of Rochester and
Middleborough, in the county of Plymouth, and of Freetown, in
the county of Bristol, into a separate precinct, by the name of
the Congregational Precinct in Rochester, IMiddleborough, and
Freetown ;" and that the first section of said act have the same
effect as if the word " third " were not in the same.
Receipts of Sect. 2. Be it further enacted. That any receipt given by

trustees conclu- ^|-,q trustees of said precinct, or a quorum of them, shall be a
" ' conclusive discharge for any donation, claim or demand given,
bequeathed or due to said precinct. [June 20, 1826.]

1826. Chai-. 19—20. 477

An Act to incorporate llic First Universal Society in Duxbury. C^h(IT) 1 ^

Sect. 1. BE it enacted by the. Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Wait Wadsworth, James Weston, Jr- , Joseph Persons incor-
P. Bosworth, William Sampson, and Pleniy B. Samjison, and por^i^^i-
all other persons who now are, or hereafier may he, associated
with them, and their successors, shall he, and they hereby are crea-
ted and established as a religious society and body j)olitic and
corporate, by the name of the First Universalist Society in
Duxbury, with all the powers, privileges, and immunities, and rowers and
subject to all the liabilities of parishes and other religious socie- privileges,
lies, according to the constitution and laws of this Common-
wealth.

Sect. 2. Be it further enacted, That the said society shall Assessment oi
have power, at their annual meeting, to assess all such sums as ^^^^^'
may be necessary for the maintenance of public worship, the re-
pairs and preservation of the church, and other parochial charges
and expenses ; and shall have power to determine the mode of
assessing said taxes, either upon the pews in the church of said
society, according to their relative value, to be ascertained by
the first sale of each pew, or upon the rateable polls and estates,
both real and personal, of the individual members of said socie-
ty, in the same manner, and with equal powers for collecting the
same, as in other cases is by law provided ; and when it may
be determined to assess the taxes on the pews, the taxes so as-
sessed shall be a lien against or on the same, and in case of non-
payment of the taxes so assessed, for the space of two years
from the time of assessing said taxes, the pew or pews upon
which the tax or taxes shall have been assessed, shall be forfeit-
ed to the society, and may be sold at public auction in such njan- Sale of pews
ner as the society may by their by-laws and regulations pro- '° ^^^ *^''®^'
vide ; and the nett proceeds of the same, after deducting the
amount of taxes due thereon, with the charges of sale, shall be
paid to the proprietor of the pew so sold, or to his assigns ; and
the society shall have full authority to convey to the purchaser
of any pew so sold, a good and valid title of the same.

Sect. 3. Be it further enacted, That said society may hold Real and per-
and possess, by grant, gift, devise, or otherwise, real and per- sonai estate,
sonal estate, for the purpose of supporting public worship and
other religious, parochial, and charitable purposes, not exceeding
the annual income of five thousand dollars.

Sect. 4. Be it further enacted. That the first meeting of F'fst meeting,
said society may be called by either of the persons named in
this act, by a written notification, put up at the meeting-house of
the First Universalist Society in Duxbury seven days before the
time of holding said meeting. [June 20, 1826.] Add. act,
18.34 ch. 35.

An Act to incorporate the Lynn Institution for Savings. CJlClJ), 20.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of

the same, That Jonathan Batcheller, Henry A. Breed, Heze- Persons incor-
porated.

478

1826.-

■Chap. 20.

Corporation
may receive de-
posits.

Income of de-
posits.

Power to elect
iiieiiibers.

Common seal.

Annual meet-
ing.

Quorum.

Election of of-
ficers.

By-laws.

Idali Chase, Isaac Story, Josiah Newhall, John Alley, 3d.,
.fames Pratt, Isaiah Breed, Amos Rhodes, Stephen Smith, .Tr.,
Legree Johnson, Henry Newhall, .John Pratt, William B. Breed,
James Oliver, William Rhodes, Samuel T. Huse, Rohert W.
Trevett, Zachariah Atvvill, Jr., John Caldwell, Richard Hazel-
line, Benjamin Massey, Jonathan Corner, Jesse Rice, Sylves-
ter C. Parkhurst, Daniel N. Breed, Ezra ]Mudge, and Samuel P.
Page, together with such other persons as shall be duly elected
members of said corpoiation, in the manner which is in this act
provided, be, and they hereby are, constituted a corporation and
body politic, by the name of the Lynn Institution for Savings,
and shall so continue for the term of twenty years.

Sect. 2. Be it further enacted, That said corporation
shall be capable of receiving from any person or persons, dis-
posed to obtain and enjoy the advantages of said institution, any
deposit or deposits of money, and to use and improve the same,
for the purposes, and according to the directions herein mention-
ed and provided.

Sect. 3. Be it further enacted. That all deposits of mo-
ney received by the said corporation, shall be by the same used
and improved to the best advantage ; and the income or profit
thereof shall be by them applied and divided among the persons
making the said deposits, their executors, administrators, or as-
signs, in just proportion, and the princijial of such deposits may
be withdrawn, at such times, and in such manner, as said cor-
poration shall direct and appoint.

Sect. 4. Be it further enacted, That said corporation may,
at any legal meeting, have power to elect, by ballot, any other
person or persons as members of said corporation.

Sect. 5. Beit further enacted, That the said corporation
may have a common seal, which they may change or renew at
pleasure ; and that all deeds, conveyances and grants, covenants
and agreements, made by their treasurer, or any other person,
by their authority and direction, shall be good and valid ; and
the said corporation shall, at all times, have power to sue and
be sued, and may defend, and shall be held to answer by the
name aforesaid.

Sect. G. Be it further enacted. That the said corpora-
tion shall hereafter meet at Lynn, some time in the month of
January, annually, and as much oftener as they may judge expe-
dient ; and any seven members of the said corporation, the
president, secretary, or treasurer being one, shall be a quorum ;
and the said corporation, at their meeting in .January annually,
shall have power to elect and choose a president, and all other
such officers, as to them shall appear necessary ; which officers,
so chosen, shall continue in office one year, and until others are
chosen in their room ; and all officers so chosen shall be under
oath to the faithful performance of the duties of their offices re-
spectively.

Sect. 7. Be it further enacted, That the said corporation
hereby are vested with power of making laws for the more order-

1826. Chap. 20—23. 479

\y managing tlie business of tlic corporation : provided, the same
are not repugnant to the constitution or laws of this Connuon-
wealtlj.

Sect. 8. Be it further enacted, That either of the persons First meeting.
named in the first section of this act may call the first meeting
of said corporation, by jiublic notification in the Lynn newspa-
per, at such time and place as he shall judge proper.

Sect. 9. Be it further enacted, That the oflicers and Le^risiative ex-
agents of the said institution shall lay a statement of the affairs a">"na'>on and
tliereof before any persons appointed by the Legislature to ex-
amine the same, whenever required so to do, and shall exhibit
to them all the books and papers relating thereto ; and shall
subinit to be examined by them concerning the same under oath.
And the Legislature may, at any time, make such further regu-
lations for the government of said institution, as they may deem
expedient ; and may alter and amend or repeal this act at plea-
sure. [June 20, 1826.]

An Act aiithoiizing- the Scieetnien of Charlestovvn to appoint a company of Hook (JJinr) "^l
and Ladder 3Ien, and additional Eno;ine flJen. -i *

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the selectmen of the town of Charlestown, in Selectmen may
the county of Middlesex, be, and they hereby are, authorized appo'"' jj <^om-

J . ' •' •' ^ paiiy oi nook

and empowered to appoint a company of hook and ladder men, andiadder
consisting of not more than forty, whose duty it shall be, under '"'^"•
the direction of the firewards in said town, to attend fires therein
with fire-hooks, fire-sails and ladders, and to be subject to such
further duties, and organized and provided in such manner, as
the said selectmen shall, from time to time, direct.

Sect. 2. Be it further enacted, That the said selectmen j^j^v appoint
be authorized and empowered to appoint any number of engine add'itionai
men, not exceeding thirty-five, in addition to the number they ^"&'"®'"*^"-
are authorized to appoint by existing laws ; and the engine men
so appointed may be attached to any new engine company, which
may be hereafter formed, or apportioned among any of the en-
gine companies of said town, at the discretion of the selectmen ;
and all persons appointed to any company, pursuant to the pro-
visions of this act, shall continue in office during the pleasure of
said selectmen, and be entitled to all the privileges and exemp-
tions to which engine men now are, or may hereafter be by law
entitled.

Sect. 3. Be it further enacted. That the resolve authoriz- Repeal,
ing the selectmen of Charlestown to appoint additional engine
men, passed December seventh, one thousand eight hundred and
sixteen, be, and the same is hereby repealed. [June 20,
1826.]

An Act to incorporate the Winchendon Woollen Manufacturing Company. CIlCllJ. 23.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of

the same. That Sylvanus Holbrook, Isaac Livermore, and Persons incor-
•^ ' porated.

480

1826.-

■Chap. 23—24.

Powers and du-
ties.

cli. G5.

Common seal.

Real and per-
sonal estate.

First meetins

Chap, 24.

Commissioners
of Highways
authorized to
lay out high-
way, and build
a bridge.
1825 ch. 171,

Width of
bridge.

James C. Dunn, together with such other persons as may be-
come associates with them, their successors and assigns, he, and
they hereby are, made, and constituted a body pohtic and cor-
porate, by the name of tiie Winchendon Woollen Mantifactur-
ing Company, for the purpose of manufacturing woollen cloths,
of various kinds, in the town of Winchendon, in the county of
Worcester, and for that purpose shall have all the powers and priv-
ileges, and be subject to all the duties and requirements contain-
ed in an act passed on the third day of March, in the year of
our Lord one thousand eight hundred and nine, entitled, " an
act defining the general powers and duties of manufacturing cor-
porations," and the several acts in addition thereto.

Sect. 2. Be it further enacted^ That the said corpora-
tion shall and may sue, and be sued, plead and be impleaded,
defend and be defended, in any court or place whatsoever, by
their corporate name aforesaid ; and shall have power to make,
have and use a common seal, and the same at pleasure to break,
alter and renew.

Sect. 3. Be it further enacted, That the said corporation
may hold and possess such real estate, not exceeding in value
the sum of one hundred thousand dollars, and such personal es-
tate not exceeding in value the sum of one hundred thousand
dollars, as may be necessary and convenient for the purposes of
this incorporation.

Sect. 4. Be it further enacted, That any one of the per-
sons named in this act, be, and either of said persons hereby is,
authorized to appoint the time and place for holding the first
meeting of the said corporation, giving ten days notice thereof
to the others, either in person or writing, any thing in the sec-
ond section of the act aforesaid, defining the general powers and
duties of manufacturing corporations to the contrary notwith-
standing. [June 20, IS26.]

An Act to authorize the building a bridge over the North River, between the towns
of Hanover and Pembrolve.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives., in General Court assembled, and by the author-
ity of the same, That the Commissioners of Highways for the
county of Plymouth, when appointed, pursuant to the provi-
sions of an act entitled " an act in addition to an act directing
the method of laying out highways," passed March 4th, 1S26,
be, and hereby are, authorized and empowered to lay out a
public highway across the North River, and build a bridge over
the same ; between the towns of Hanover and Pembroke, the
same being navigable water, not exceeding ten rods below the
present bridge over said river, between said towns, in case said
commissioners, after a full hearing, shall be of the opinion that
the public good requires it.

Sect. 2. Be it further enacted. That if the said commis-
sioners shall lay out said road, and cause said bridge to be
built, said bridge shall not be made of a less width than twenty-
five feet between the abutments. [June 20, 1826.]

1826. Chap. 25—26. 481

An Act in addition to an Act, entitled, " An Act in addition to an Act to incorporate f^hf.,^ C)t\
the President, Directors and Company of liic Mercliants' Bani< in Salem." K^llUp* ^O,

BE it enacted by the Senate and House of Representatives, '^^^ eh. 9.
in General Court assembled, and by the authority of the same,
That a fiifther period of nine inontlis, from and after the first Fur'hcr time al-
Monday of June current, be, and hereby is allowed to the mem- i°g. ;„ capi'taf "
bers of said corporation, for the payment of the addition to its stock,
capital stock, authorized by the act to which this is in addition.
[June 20, 1826.] Add. act, 1830 ch. 58.

An Act to establish a corporation by the name of the Pigeon Cove Pier Compan}' in v-'/tttp. xi.O.

Gloucester.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, 171 General Court assembled, and by the authority of
the same, That Daniel Wheeler, Daniel W. Tuttle, Abrahan) Persons incor-
Lurvey, Nehemiah Knowlion, William Pool, Walter Knowl- P°'^^^^-
ton, with such other persons as have, or may hereafter associate
with them, their successors or assigns, shall be, and hereby are
made a corporation by the name of the Pigeon Cove Pier Com-
pany, in the town of Gloucester, in the county of Essex, for the
purpose of erecting and maintaining a stone pier, at Pigeon
Cove, so called, in said town of Gloucester, and by that name
may sue and be sued, may plead and be impleaded, and shall Powers and pri-
appear and prosecute and defend, in all actions or suits, for or ^'^S^^-
against them unto final judgment, execution and satisfaction : and
they may have and use a common seal, and shall be capable in
law to take and hold by devise, purchase, or otherwise, real es- Keal estate,
tate, and to make and execute conveyance of real estate : provi-
ded, that the whole of the real estate which the said company
may at any one time hold and possess, in their corporate capaci-
ty, shall not exceed in value twenty thousand dollars.

Sect. 2. Be it further enacted. That the said pier shall be Location of
located on the main land, on the south west side of Pigeon P'^''*
Cove, running north-easterly one hundred and sixty-four feet,
and ending at low water mark ; and said pier shall be one hun-
dred feet wide, and built of stone and other materials.

Sect. 3. Be it further enacted. That the said petitioners, First meeting.
or either of them, may call the first meeting of the said corpo-
ration by advertising and posting up a notification thereof at one
or more of the insurance offices in said town of Gloucester, at
least ten days before the day of meeting ; and at that, or any
other legal meeting, the said corporation may agree on a mode
of calling future meetings ; and they may elect a president, trus-
tees, clerk, and such other officers as they judge necessary for
the orderly conducting their affairs, and the prudent manage-
ment of their estate ; and such officers, at their pleasure, may
change or remove ; and at all their meetings the said proprietors
present may vote according to their interests respectively, in Right of voting,
said property, allowing one vote to each share : provided, hoic-
ever, that no person shall have more than five votes, and absent
proprietors may vote by proxy in writing. And the said pro-
prietors may, at any legal meeting, adopt such by-laws, rules, By-laws.

VOL. VI. 61

482 1826. Chap. 26-^29.

and regulations, as they may judge necessary and convenient for
the orderly management of their affairs : provided, they be not re-
pugnant to the constitution and laws of this Commonwealth.
Shares consid- Sect. 4. Be it further enacted. That the share or shares of
ered as person- each proprietor in the said corporate property shall be consider-
a estate. ^^^ ^^^ j^^j^j ^^ ^^^ j^^ ^j] j.gspects, personal estate, and shall be

transferred in such manner as the proprietors, in their by-laws,
shall provide and direct. And the shares of any proprietor in
said })ier company may be attached on mesne process, or taken
and sold on execution, in the manner pointed out by an act en-
1804 ch. 83. titled "an act directing the mode of attaching on mesne process,
and selling by execution, shares of debtors in incorporated com-
panies."
Legislative con- Sect. 5. Be it further enacted. That this act may be
"■oi- altered, amended, or repealed, at the pleasure of the Legisla-

ture. [June 20, 1826.]

r^hnrt ^9K ■'^" ^^"^ ^° incorporate the Boston Glass Bottle Manufacturing Company.

" ' Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- tl^^ Same, That Charles Wade, Thomas Haskins, and William
porated. Underwood, together with such other persons as may become

associates with them, their successors and assigns, be, and they
hereby are, made a corporation by the name of the Boston Glass
Bottle Manufacturing Company, for the purpose of manufactur-
ing bottles, and other glass ware, in the city of Boston, in the
county of Suffolk ; and for that purpose shall have all the pow-
Powers and ers and privileges, and shall be subject to all the duties and re-
priviieges. quirements, contained in an act passed on the third day of
March, in the year of our Lord, one thousand eight hundred
and nine, entitled "an act defining the general powers and du-
ties of manufacturing corporations," and the several acts in ad-
diuon thereto.
u 1 ^.,0, Sect. 2. Beit further enacted, That the said corporation

iveai ana per- .111 11 ]• • 1

sonai estate. may hold and possess such real estate, not exceedmg m value
the sum of forty thousand dollars, and such personal estate, not
exceeding in value, the sum of sixty thousand dollars, as may
be necessary and convenient for carrying on the manufacture of
bottles in the city of Boston aforesaid. [June 20, 1SJ6.]

f^hriv\ 9Q -"^n ^^"^ '" aciditioii to an Act entitled " An Act to incorporate the Salem Mill Dam
i^nap. ^J. Corporation."

1825 ch. 148. gE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
Authorized to That the Salem Mill Dam Corporation, be, and they hereby are
•■ed^cethe authorized to make the gate-way in the channel of the river men-
way. ° ^^ ^" tioned in the act to which this is in addition, of the width of twen-
ty-five feet, instead of twenty-six feet, any thing in said act to
the contrary notwithstanding. [June 20, 1826.]

1808 ch. G5.

182G Chap. 30—31. 483

All Act to incorporate tlie First Universalist Society in Pl3-nipton. CJldT) 30

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and bxj the authority of
the same, That Thomas Randall, Isaac Loring, 2d., Ellis Persons incor-
Wright, Isaac Wright, Jr., Melzar Loring, Jr., Robert B. Lor- porated.
ing, South wort Wright, Daniel D. Wright, Isaac Wright, John
Bisbee, Peleg Wright, together with such others as may here-
after associate wiih them, be and they hereby are incorporated
into a society by the name of " the First Universalist Society
in Plympton" with all the privileges, powers and immunities, to Powers and
which other religious societies are entitled by the constitution privileges,
and laws of this Commonwealth, and subject to all the duties
and liabilities of the same.

Sect. 2. Be it further enacted, That any justice of the First meeting,
peace of the county of Plymouth, be, and is hereby authorized,
to issue his wanant, directed to any member of said society, re-
quiring him to warn the members of said society to meet at a
suitable time and place to be appointed in said warrant, then
and there to elect such officers for the management of the af-
fairs of said society as they shall see fit, and transact such other
business as may be deemed necessary. [June 20, 1826.]

An Act to incorporate the Waltuppa Reservoir Company. C^hfiqi SI

Sect. 1. BE it enacted by the Senate and House of Rep- "'

resentatives, in General Court assembled, and by the authority
of the same, That David Anthony, Nathaniel B. Borden, Oli- Persons incor-
ver Chase, and Bradford Durfee, and their associates, succes- pofated.
sors and assigns, be, and ihey hereby are constituted a corpo-
ration and body politic, by the name of the Wattuppa Reser-
voir Company, for the purpose of constructing a reservoir of
water in the Wattuppa Ponds, so called, in the town of Troy,
in the county of Bristol, for the benefit of the manufacturing es-
tablishments, on Fall River ; and, for this purpose, shall have
all the privileges and immunities, and be subject to all the duties Privileges and
and requirements contained in an act passed on the third day of duties.
March, in the year of our Lord one thousand eight hundred
and nine, " entided an act defining the general powers and du- isosch. 65.
ties of manufacturing corporations," and the several acts in ad-
dition thereto.

Sect. 2. Be it further enacted. That said corporation shall Authorized to
have power to make reserves of water in the Wattuppa Ponds, "^^'^^ ponds,
so called, by erecting a dam across the outlet of said ponds, in
the town of Troy, in the county of Bristol, so as to raise the
water in said ponds, two feet higher than the dam already erect-
ed by the Troy Cotton and Woollen Manufactory in said town
of Troy, and to draw off said reserved water in such quantities,
at such times, and in such manner, as they shall judge to be most
for the interest of all concerned.

Sect. 3. Be it further enacted, That the said corporation Real and per-
is authorized to acquire, by purchase or otherwise, and to hold ^°"^' estate,
and possess, such real estate, not exceeding in value ten thou-

484

1826.-

-Chap. 31—32.

sand dollars, and such personal estate, not exceeding in value
five thousand dollars, as may be necessary to effect the purposes
aforesaid.

Shares. Sect. 4. Be it further enacted, That the capital stock of

said corporation shall be divided into one hundred shares, to be
held, assessed and alienated agreeably to the by-laws of the corpo-

By-laws. ration ; and said by-laws shall not be adopted nor amended with-

out the unanimous consent of all the proprietors, any thing con-
tained in an act entitled " an act defining the general powers
and duties of manufacturing corporations" to the contrary not-
withstanding.

Damages. Sect. 5. Be it further enacted, That if said corporation,

in efl^ecting the purposes aforesaid, shall become liable for dam-
ages to any person by flowing, such damage shall be ascertained,
and shall be paid by said corporation, according to the provisions

1795 ch. 71.. of an act entitled "an act for the support and regulation of
mills," and the several acts in addition thereto. [J«Jie 20,
1826.]

Chap. 32.

Names
changed.

Suffolk.

Essex.

Middlesex.

An Act to change the names of the several persons therein mentioned.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That Samuel Thompson, a minor, son of Alice Bcntly of Bos-
ton, may take the name of Samuel Benily ; that Samuel Brooks
late of Salem, scrivener, may take the name of Samuel INIitchell
Waring Brooks ; that John Cass, late of New Hampshire, may
take the name of John Carr Cass ; that Samuel Conant may
take the name of Samuel Williams Conant ; that Ebenczer Dyer
may take the nameof Ebenezer Elms Dyer ; that liable C Ellis
may take the name of jNfary Ann Ellis ; that Wendell Moreno
may take the name of George Wendall Lloyd ; that Michael
Myron, a minor, may take the name of his father, William My-
ron ; that Jacob Rogers may take the name of Jacob Abner
Rogers ; that Robert Steele, trader, may take the name of James
Robert Steele ; all of Boston, in the county of Suffolk : — that
Judith Dole Bartlett, of West Newbury, may take the name of
Caroline .Judith Bartlett ; that George Brown Very, of Salem,
may take the name of George Brown ; that Joseph Clements, of
Newburyport, may take the name of Joseph Warren Clements ;
that John Fettyplace, of Salem, a minor, may take the name of
Thomas John Fettyplace ; that Richard Tink, of ^lanchester,
master mariner, may take the name of Richard Trask ; that Abi-
gail his wife, may take the name of Abigail H. Trask ; and also,
that their three children, being minors, may take the name of
Trask, viz. that Richard T. Tink may take the name of Richard
T. Trask ; that Mary Abigail Tink may take the name of INIary
Abigail Trask ; and tliat Charles H. Tink may take the name of
Charles H. Trask ; that Hugh Judge Alley, of Lynn, may take
the name of Elbridge D. Warren ; all of the county of Essex : —
that William Howard Cades, of Charlestown, husbandman, may
take the name of William Cades Howard ; that Israel Newhall

1826. Chap. 32— 3^. 485

Pecse, of South Reading, cordvvainer, may take the name of Is-
rael Nevvhall ; that Greenleaf Henderson Pees, of said South
Reading, may take tlie name of William Newhall ; that Harriet
Burnham, of South Reading, may take the name of Mary Ray-
ner Burnham ; all of tlie county of Middlesex : — that Sylvester Norfolk.
Sage Arnold, of Braintree, may take the name of George Wash-
ington Arnold ; that Noah Fiskc, of Dover, may take the name
of Noah Allen Fiske ; both of the county of Norfolk : — that Jen- Worcester,
nings Bowen, of Leicester, tanner, may take the name of George
Bovven ; that Lois Whiting, of Barre, may take the name of Ann
Louisa Whiting, both of the county of Worcester : — that Betsey Plymoutli.
Caswell, of INliddleborough, in the county of Plymouth, may take
the name of Betsey Jones ; and that her two children, being mi-
nors, may also take the name of Jones, viz. Ebenezer Jones
Caswell may take the name of Ebenezer Jones, and that Paul
Lewis Caswell may take the name of Paul Lewis Jones : — that Barnstable.
James Lawrence, a minor, of Sandwich, in the county of Barn-
stable, may take the name of James Lawrence Percival ; and
that Zadock Norton, of Edgartown, in the county of Dukes, Duke's County,
tailor, may take the name of Francis Adlington. And the said
several persons herein named shall hereafter be called and known
by the names which, by this act, they are respectively allowed
to assume as aforesaid, and the saiTie shall be considered as their
only proper and legal names. [June 20, 1826.]

An Act to incorporate the New Universalist Society in Salem. f^hnit "^"^

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That Holten J. Breed, Nathaniel Frothingham, James Persons incor-
Moody, James Ropes and Joseph Tufts, Jun., and such persons P°"'^'^-
as now are, or hereafter may be associated with them, not being
less than the number of ten legal voters, qualified to vote in any
parish, precinct, or religious society, be, and they hereby are
incorporated into a religious society, by the name of the New
Universalist Society in Salem, with all the privileges, powers Powers and pH-
and immunities to which religious societies are entitled by the viieges.
constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That the said corporation Estate, real and
may purchase and hold any lot of land for their use as a site for a P^''*""^'-
meeting-house, and such other estate, real and personal, as the
corporation shall determine to own : provided, however, that the
whole estate of the said corporation, exclusive of the meeting-
house and land appurtenant thereto, shall not exceed the sum of
five thousand dollars.

Sect. 3. Be it further enacted, That the said corporation Assessments.
be, and they hereby are authorized to raise, by an assessment on
the pews in their meeting-house, such sums of money for the
settlement and maintenance of a minister or ministers, for the
building or purchase of a meeting-house, and for the purchase of
such lot of land and other estate as aforesaid, and for the building
and repairing of such meeting-house, and for defraying the other

486

1826.-

■Chap. 33—34.

Treasurer au-
tliorized to sell
delinquent pro-
prietors' pews.

First nieetinj

Choice of ollj.
cers.

Right of votins

Annual meet-
ing.

Chap. 34.

Persons incor-
porated.

expenses of public vvorsliip, and such incidental charges as the
said corporation shall agree upon at any legal meeting to be called
for the purposes aforesaid. And if any proprietor or proprietors
of such pew shall neglect to pay any assessment legally made as
aforesaid, for one year after the same shall have been made, the
treasurer of said corporation, for the time being, shall be author-
ized to sell and convey all the estate, share and interest of such
delinquent proprietor or proprietors in the said corporation, at
public auction, first giving notice thereof, fourteen days at least
previous to the sale, by posting u[) a notification thereof at one
of the doors of said meeting-house ; and upon such sale to exe-
cute a good and sufficient deed or deeds thereof to the purchaser
or purchasers ; and after deducting tlie amount of such delinquent
proprietor or proprietors' assessment and interest thereon, and
all incidental costs and charges, the said treasurer shall pay the
surplus, if any, to such delinquent proprietor or proprietors.

Sect. 4. Be it further enacted^ That any three or more of
the persons above named be, and they hereby are authorized to
call the first meeting of said corporation, by posting a notifica-
tion at one of the doors of said meeting-house, requiring the
members of said corporation to meet at such lime and place as
shall be therein set forth, to choose a clerk, who shall be sworn
to the faithful discharge of his duty, a treasurer, and a committee,
and such other officers as they shall judge necessary ; and the
committee appointed at that or any other meeting of said propri-
etors legally called for that purpose, shall have authority to assess
and apportion on the pews in said meeting-house, by such a val-
uation as the said corporation shall, from time to time, determine,
all such sums of money, as the said corporation shall agree to
raise ; and shall also be authorized to execute and deliver, in the
name and behalf of said corporation, deeds of the pews in said
meeting-house. And the said corporation may, at the meeting
aforesaid, agree upon the manner of calling future meetings, and
may also act upon any other business, of which notice shall be
given in the notification aforesaid ; and at all meetings aforesaid,
the proprietor or proprietors of said pews shall be allowed one
vote and no more for every pew.

Sect. 5. Be it further enacted^ That there shall be an an-
nual meeting of the society, on such day as shall be prescribed
by the by-laws of said corporation, at which annual meeting, or
any other meeting duly called, the said society may choose their
officers, who shall hold their office during one year, and until
others are chosen in their stead. [June 20, 1826.]

An Act to incorporate the Proprietors of the First Congregational 3Ieeting-house in

Lowell.

Sect. 1 . BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the aidhority of
the same, That D. H. INIason, William Davidson, Jesse Fox,
Joshua Tucker, William Gardner, Junior, Andrew B. Eaton,
John Fisher, Timothy Frye, Josiah Coburn, and others, who
have associated, or may hereafter associate with them, for the

1826. Chap. 34. 487

purpose of building a meeting-house, their successors and assigns,
be, and they hereby are incorporated and nnade a body politic,
by the name of the Proprietors of the First Congregational
Meeting-house in Lowell, and by that name may sue and be sued, Powers,
and may have and use a coitmion seal, and may ordain and estab-
lish such by-laws and regulations, as to them may seem necessary
and convenient for the government of said corporation : provided,
such by-laws and regulations be not repugnant to the constitution
and laws of this Commonwealth.

Sect. 2. Be it further enacted, That the said corporation Estate, real and
may jiurchase and hold real and personal estate, the annual in- P'^''^°"^'-
come of which, exclusive of the meeting-house and land under
the same, shall not exceed one thousand dollars, and shall divide
their estate into shares, the number of which shall not be less Shares.
than one hundred, nor more than two hundred ; and may make
and impose all necessary assessments on such shares : provided. Proviso,
that this section n)ay be modified or repealed at any time hereaf-
ter, if in the opinion of the Legislature it shall be deemed expe-
dient.

Sect. 3. Be it further enacted, That whenever any propri- Assessments,
etor shall neglect or refuse to pay any assessment legally made
upon his share or shares to the treasurer of said corporation, with-
in thirty days after the same shall be made payable, the said
treasurer is hereby authorized to sell at public vendue the share Treasurer au-
or shares of such delinquent proprietor, after posting notice of p'^w's' of delink''
the time, place and cause of such sale, at two or more public quent proprie-
places in Lowell, and also on said meeting-house door, whenever ^"^^'
such house shall have been erected, at least thirty days previous
to such sale, to execute deed or deeds thereof to the purchaser
or purchasers, and after deducting the amount of such delinquent's
assessment, together with legal interest thereon, from the lime
the same was payable, and necessary incidental charges, the said
treasurer shall pay the surplus, if any there be, to such delinquent
proprietor ; or the said treasurer may sue and prosecute to final
judgment and execution any sucli delinquent proprietor for any
tax or assessment due and payable on any share or shares of such
delinquent proprietor.

Sect. 4. Be it further enacted, That there shall be an an- Annual meet-
nual meeting of said proprietors after the present year, on the '"?> and election
second Monday in March, at which they shall elect by ballot, a ° °
president, clerk, treasurer and five trustees, of whom the presi-
dent shall be one, and the treasurer and clerk shall be sworn to
the faithful discharge of their respective trusts; and at such meet-
ing each proprietor, or his agent duly authorized in writing, shall Right of voting.
be entitled to as many votes as he holds shares : provided, that
no one person shall be entided to more than ten votes.

Sect. 5. Be it further enacted. That it shall be the duty of clerk's duty.
the clerk of said corporation to keep a record of all the proceed-
ings of said corporation, and of all shares and transfer of shares
thereon, and to grant certificates thereof to said proprietors, and

488

1826.-

-Chap. 34—36.

First meetins

Chap. ^6.

1817 ch. 92.

Power to in-
crease capital
stock.

Proviso.
Subject to tax.

Chap. ^Q.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

the shares may be transferred under the hand and seal of the pro-
prietors on the back of such certificate.

Sect. 6. Be it further enacted^ That any justice of the
peace, in the county of Middlesex, be, and he hereby is author-
ized to issue his warrant to some one of the said proprietors, for
the purpose of calling the first meeting, to elect officers and or-
ganize said corporation, at such convenient time and place as he
shall direct, at which meeting said proprietors may agree upon the
manner of calling and notifying future meetings. [June 20, 1S26.]

An Act in addition to an Act, entitled " An Act to incorporate the President, Directors
and Company of the Sufllblk Bank."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the President, Directors and Company of the
Suffolk Bank be, and hereby are authorized and empowered to
increase their present capital stock, by an addition of two hun-
dred and fifty thousand dollars thereto, in shares of one hundred
dollars each, whicli shall be paid, in such instalments and at such
times, as the president and directors of said bank may direct and
determine : provided, however, that the whole amount shall be
paid in, on or before the first Monday of October next.

Sect. 2. Be it further enacted. That the additional stock
aforesaid, shall be subject to the like tax, regulations, restrictions
and provisions as the present capital stock of said corporation is
now subject, by virtue of the act to which this is in addition.
[June 20, 1826.] Add. act, 1S30 ch. 58.

An Act to incorporate the Boston Brewery Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That William B. White, Samuel R. Allen, and
George M. Gibbens, together with such other persons as may
become associates with them, their successors and assigns, be,
and they hereby are made a corporation, by the name of the
Boston Brewery Company for the purpose of manufacturing malt
liquors in all their varieties, in the city of Boston, and for that
purpose shall have all the powers and privileges, and be sub-
ject to all the duties and requirements, contained in an act passed
on the third day of March, in the year of our Lord [one thou-
sand] eight hundred and nine, entitled "an act defining the
general powers and duties of manufacturing corporations," and
the several acts in addition thereto.

Sect. 2. Be it further enacted. That said corporation may
hold and possess such real estate, not exceeding in value the sum
of fifty thousand dollars, and such personal estate, not exceeding
one hundred thousand dollars, as may be found necessary and
convenient for carrying on the manufacture of malt liquors in the
city of Boston. [Jwne 20, 1826.]

1 826. Chap. 38—40. 489

An Act authorizing^ the United States to purchase a site for two Light-houses within CJJi(ir) 38
this Commonvveullh. -* *

BE it enacted by the Senate and House of Representatives^ in
General Court assembled, and by the authority of the same,
That the consent of this Commonvvealtli be, and hereby is pites for Light-
granted to the United States, to purchase a tract of land, being jnceiown and^'
not more than four acres, on Long Point, in the town of Prov- Barnstable ce-
incetown, and four acres on Sandy Neck, in the town of Barn- states,
stable, for the purpose of erecting light-houses on the same: pro- Proviso.
vided, that this Commonwealth shall retain, and does hereby re-
tain, a concurrent jurisdiction with the United States, in and over
the said land, so far as that all civil and criminal processes, is-
sued under the authority of this Commonwealth, or any oilicer
thereof, may be executed on any part of said land, or in any
building which may be erected thereon, in the same way and man-
ner as if the jurisdiction had not been granted as aforesaid : pro-
vided, further, that all persons who may remove upon said tract
of land in the town of Provincetown, and also upon said tract of
land in the town of Barnstable, the jurisdiction over each of which
is hereby granted to the United States, shall be deemed and ta-
ken to be inhabitants of the town of [io] which such tract of land
respectively appertains, in the same way and manner as they would
have been had they removed into any other part of either of said
towns, and shall there do the duty, and receive the same privi-
leges as other inhabitants, saving that they shall not be liable to
serve on juries, or do military duty. [June 20, 1826.]

An Act authorizing an extra term of the Court of Sessions in the county of Essex. C^hnrt "^Q

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That there shall be an extra term of the Court of Sessions at Extra term. ;
Ipswich, in said county, on Tuesday the sixteenth day of Janu-
ary current, and that the justices of said court be, and they are
hereby empowered to act upon all such subjects as may then be
brought before them, in the same way and manner as at any sta-
ted term thereof : provided, that any matters now pending in said Proviso,
court shall be proceeded in, heard and determined, as if this act
had not been passed. [Jan. 8, 1827.]

An Act to incorporate the New-England Lace Manufacturing Company. Cllflt) 40

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Thomas Manning, Ammi Smith, John Clark, Persons incor-
their associates, successors, and assigns, shall be, and they are poi'a^e^-
hereby constituted a body politic and corporate, by the name of
the New-England Lace Company, and by that name may sue and
be sued, plead and be impleaded, defend and be defended in any
court of record, or in any place whatever, and shall and may do
and suffer all matters, acts and things which bodies politic ought
to do and suffer, and shall have power to make, have and use a
common seal, and the same again at pleasure to break, alter and
renew ; and the said company shall have all the powers and priv-

voL. VI. 62

490 1826. Chap. 40—42.

Powers and ileges, and be subject to all the duties contained in an act, en-

""^** titled "an act defining the general powers and duties of manu-

'^ ■ '^' facturing corporations," passed on the third day of March, in the

year of our Lord one thousand eight hundred and nine, and all

other acts in addition thereto.

Real and per- Sect. 2. Be it further enacted^ That the said corporation

sonai estate. in their corporate capacity, shall, and may lawfully hold and pos-
sess such real estate, not exceeding in value thirty thousand dol-
lars, and personal estate, not exceeding fifty thousand dollars, as
may be necessary and convenient for carrying on the manufacture
of lace, and of cotton, woollen and linen goods.

First meeting. Sect. 3. Be it further enacted, That the said Thomas Man-
ning, or either of the aforementioned persons, is hereby author-
ized to call the first meeting of the said corporation, by written
notice, left at the place of abode of each proprietor ; or by letter
addressed by mail, at least seven days previous to said meeting ;

Choice of clerk, at which first meeting, the proprietors present shall choose a
clerk, who shall be sworn to ilie faithful discharge of his duties.
[Jan. 17, 1827.]

C^hftTi 41 •^" ^^"^ '" '"'■'her addition to an Act, entitled *'An Act to incorporate Nicholas Thom-
-T * * dike and others, into a company by the name of the Beverly Marine Insurance Com-

1809 ch. 33. pany."

1811 ch 3 ^^ it enacted by the Senate and House of Representatives, in

1813 cb.i. General Court assembled, and by the authority of the same,

is'ich 36 That such further time, not exceeding two years, from and after

Further time ai- ^^^ twentieth day of June next, be allowed to the stockholders in

lowed to pay in the Bcvcrly Marine Insurance Company, to pay in the residue,

oTcapilal'stock. '^^'"S ^^^^ ^^^^ moiety of the instalments ; and amounting in all, to

fifty dollars on a share in the capital stock of the said company ;

and that the said residue shall be paid in at such times, and in

such proportions, as the said directors shall order and appoint,

Proviso. within the period aforesaid : provided, hoicever, that nothing in

this act shall be construed to exonerate, or discharge the estates

of the said stockholders from being liable in the manner and for

the purposes mentioned in the tenth section of the said original

act. [Jan. 20, 1827.]

Chfin Af2i ''^" ^^^ '° incorporate the Proprietors of the First Universalis! Church in Nantucket.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the Same, That Aaron Mitchell, Gardner Coffin, Elisha Star-
porated. ^^^^\^^ Robert F. Parker, Henry Gardner, 3d, Samuel B. Tuck,

Henry M. Pinkham, Samuel H. Jenks, Benjamin Pike, Peter
Chase, Benjamin Worth, John R. Macy, George Brown, Da-
vid Cofiin, 2d, Joseph T. Worth, Eben W. Tallant, Zenas
Coleman, James Stiff, John W. Olin, Nathaniel Tallant, John
B. Nicholson, and William Lawrence, be, and they hereby are
incorporated and made a body politic, by the name of the Pro-
prietors of the First Universalist Church in Nantucket, with such
other persons as are, or may hereafter become associated and in-
terested with them in said church, and the land w hereon the same
stands, with power to raise by assessment on the pews and seats

1826. Chap. 42. 491

in said church, according to the original valuation thereof, such Power to raise
sum and sums of money for the settlement and maintenance of a '"""ey ''y ^s-

•',-,.., ,, r-i sessment on

minister or ministers, and lor the incidental charges ol said cor- pews,
poration, as the members thereof shall agree on at any legal meet-
ing for that purpose.

Sect. 2. Be it further enacted^ That it shall be lawful for Treasurer may
the trustees of said corporation, or a majority of them for the ^ej-n ^^^t^, "'^
time being, after giving seven days notice by posting an advertise-
ment to that effect at the door of said church, to sell, or cause to
be sold at public auction, for the term of one succeeding year,
the use or improvement of such pews or seats in said church, the
proprietors or owners of v/hich shall have refused or neglected
for the space of thirty days after the proprietor's annual meeting,
to pay in advance such annual assessment as may be legally laid
thereon, and all the monies accruing from such sales, shall be
placed to the credit of such owner and retained by said corpora-
tion ; the treasurer whereof for the time being, is hereby empow-
ered to execute leases to such persons as may purchase as
aforesaid.

Sect. 3. Jlnd be it further enacted, That it shall be law- Treasurer to
ful for the treasurer of said corporation, or such other person as ^^'l Pf)^^ on

, , , 1 • 1 1 I "^ ' • • ^ 1 which taxes are

may be duly authorized by the trustees, or a majority ot them, to due for three
sell at public auction, after giving thirty days notice thereof, by y^*""*-
posting an advertisement to that effect at the door of said church,
all such pews or seats in said church on which the taxes may re-
main unpaid by the owners thereof during three years after such
assessment as aforesaid, and upon such sale, to execute a good
and sufficient deed or deeds thereof to the purchaser or purcha-
sers, and after deducting the amount of such delinquencies or dues,
together with legal interest thereon from the time the same was
made payable, and all incidental costs and charges, the said treas-
urer, or person authorized to sell the same, shall pay the surplus,
if any, to such delinquent proprietor.

Sect. 4. Be it further enacted, That any justice of the First meeting-,
peace for the county of Nantucket, be, and hereby is authorized ^^ choice of
and directed to issue his warrant to some principal member of
said corporation, requiring them to meet at such time and place
as shall be therein set forth, to choose a moderator and a clerk,
(who shall be duly sworn,) a treasurer and trustees, not exceed-
ing five in number, or such other officers as the proprietors shall
deem necessary, and the moderator of such meeting shall have
power to administer the oath of office to the clerk, and the said
clerk for the time being, under the direction of the trustees, shall
have power to warn all future meetings of said proprietors, for
the purpose of filling any vacancies that may occur, and for such
other objects as may relate to the interests and concerns of said
corporation. [Jan. 20, 1827. J

492

1826.-

-Chap. 43—44.

Annexation to
Wareham.

Proviso.

Settlement of
paupers.

ChUD, 43. ^^ ^^^ '° annex certain territory to the town of Wareham.

Sect. 1. BE it enacted by the Senate and Home of Repre-
sentatives^ in General Court assembled, and by the authority oj
the same. That all that tract of land, now forming a part of the
towns of Plymouth and Carver, comprised within the following
limits, together with the families and estates of all persons now
residing thereon, be set ofi' and annexed to the town of Wareham
to wit — beginning at the southwesterly corner of the said town of
Plymouth, at a brook, thence north, twenty-three and a half de-
grees east, about seven hundred and fifty-seven rods, to a point
where the southerly line of said town of Plymouth runs east and
west, thence north eighty-six and a half degrees west, four hun-
dred and fifty rods, to Wakinquo river, and across said river, and
in a straight line, about three hundred and sixty-five rods, to the
line now dividing the towns of Wareham and Carver ; and thence
southeasterly, following said last mentioned line, and the line now
dividing Plymouth and Wareham, to the point first mentioned :
provided, that all taxes, heretofore assessed by the said towns of
Plymouth or Carver, shall be paid in like manner as if this act
had not been passed.

Sect. 2. Be it further enacted, That all persons now hav-
ing a settlement, or who may hereafter have a settlement, in ei-
ther of said towns of Plymouth or Carver, by virtue of their
residence, or the residence of any other person within the above
described limits, or by virtue of the ownership of any person of
any part thereof, shall, from and after the passing of this act, be
deemed and taken to have a settlement in the said town of Ware-
ham ; and the said town of Wareham shall be liable to the sup-
port and maintenance of all such persons, in the same manner,
and to the same extent, as if the said territory had originally con-
stituted a part of said town of Wareham. [Jan. 20, 1827.]

Chap, 44. '^'^ ^^"^ '" incorporate the Cliatiiam and Harwicii Jlanufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Joseph Young, Salathiel Nickerson, Caleb
Nickerson, Richard Sears, Isaac Hardy, Collins Hawes, Jonah
Crowell, and Obed Brooks, together with such others as may
hereafter associate with them, their successors and assigns, be,
and they hereby are made a corporation, by the name of the
Chatham and Plarwich Manufacturing Company, for the purpose
of manufacturing cotton and woollen goods, in the town of Har-
wich, in the county of Barnstable ; and for that purpose shall
have all the powers and privileges, and be subject to all the du-
ties and requirements, contained in an "act defining the general
powers and duties of manufacturing corporations," passed on
the third day of March, in the year of our Lord one thousand
eight hundred and nine, and the acts in addition thereto.

Sect. 2. Be it further enacted. That said corporation may
be lawfully seized and possessed of such real estate, not exceed-

Persons incor
porated.

Powers and du
ties.

1808 ch. 65.

Real and per
sonal estate.

1826. Chap. 44—46. 49i3

ing in value the sum of one hundred thousand dollars, and such
personal estate, not exceeding in value the sum of two hundred
thousand dollars, as may be necessary and convenient for the pur-
pose aforesaid. [Jan. 20, 1827.]

All Act to iiicorpofiite the North Congregalional Church in New-Bedford. C^hfin A^

BE it enacted by the Senate and House of Representatives., in
General Court assembled^ and by the authority of the same,
That Roger Haskell, William W. Kempton, Henry P. Willis, Persons incor-
David Briggs, Ebenezer Hathaway, Frederick Reed, Ivory H. P°'"^'^'^-
Bartlett, Joshua Barker, Cornelius Burges, Jose|)h Bourne, and
their associates and successors, be, and they hereby are incorpo-
rated into a society, by the name of the iNorth Congregational
Church in New-Bedford, with all the privileges, powers and im- Powers and
munities, to which other religious societies in this Commonwealth P^'^'eges.
are by law entitled ; and may hold, purchase, receive, by gift or Estate,
otherwise, real or personal estate, not exceeding the value of
twenty thousand dollars. [Jan. 27, 1S27.]

An Act to incorporate the Foster North River Bridge Company. ChCLl) 46

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Elisha Foster, Jr., Elisha Foster, Samuel Ro- Persons incor-
gers, Samuel Foster, Howard Bowker, Lemuel Turner, and P°''^'^'^'
Ebenezer T. Fogg, together with such other persons as now are
associated, or may be hereafter associated with them, be, and
they hereby are made and constituted a corporation and body pol-
itic, by the name of the Foster North River Bridge Company,
and by that name, may sue and prosecute, and be sued and pros- Powers,
ecuted to final judgment and execution, and do and suffer all
matters and things which bodies politic may or ought to do and
suffer, and that said corporation shall and may have full power
and authority to make, have, and use a common seal, and the
same to break and alter at pleasure.

Sect. 2. Be it further enacted. That the said Elisha Fos- First meeting,
ter, Jr., may, by posting up notifications at some public places
in the towns of Scituate and Marshfield, warn and call a meeting
of the proprietors, to be holden at any suitable time and place in
either of said towns, after ten days from the first posting up of
said notifications ; and the proprietors, by a vote of the majority
of those present or duly represented at said meeting, allowing one
vote to and for each share, provided that no proprietor shall be Right to vote,
allowed more than ten votes, shall choose a clerk, who shall be
sworn to the faithful discharge of the duties of his office, and shall
also determine the mode of calling future meetings, and may elect
such officers, and make and establish such rules and by-laws, not
repugnant to the laws and constitution of this Commonwealth, as
to them may seem necessary or convenient for the regulation
and government of the said corporation, and for collecting the toll
herein after granted, and may annex penalties to the breach of
any by-laws, not exceeding ten dollars for any one offence ; and
all rules, regulations, and proceedings of said corporation shall be

494 1826. Chap. 46.

fairly and truly recorded by the clerk in a book kept for that
purpose.

Sect. 3. Be it further enacted^ Tiiat the said proprietors
be, and they hereby are authorized and empowered to erect a
bridge over North river, between the towns of Scituate and
Marshfield, in the county of Plymouth, near Foster's ship yard,
Draw. so Called, with a convenient draw, at least thirty feet wide, for

the passing of vessels ; and the said proprietors shall constantly
keep some suitable person or persons at the said bridge, who shall
raise said draw for any vessel that may be passing up or down said
river, free of expense to the owner thereof ; and if the person,
Penalty for neg- whose duty it shall be to raise the draw for the passage of vessels,
lect to raise the gj^gjj unreasonably neglect or refuse to do the same, the propri-
etors of said bridge shall, for every such neglect or refusal, be li-
able to a fine of ten dollars, for the benefit of the person or per-
sons damaged by such delay, to be recovered in any court of
competent jurisdiction to try the same.
Toll. Sect. 4. Be it further enacted, That a toll be, and here-

by is granted and established for the sole benefit of said proprie-
tors ; according to the rates following, to wit : for each foot
passenger, one cent ; for each horse and rider, five cents ; for
each horse and chaise, chair, sulky or sleigh, ten cents ; for each
coach, chariot, or phaeton, twenty cents ; for each sleigh drawn
by more than one horse, sixteen cents ; for each cart, sled or
other carriage of burthen, drawn by one beast, eight cents ; if
drawn by more than one beast, ten cents ; for each horse, with-
out a rider, and for neat cattle, two cents each ; for sheep and
swine six cents for each dozen ; and one person and no more
shall be allowed to each team as a driver to pass free of toll,
and the toll shall commence on the day of first opening the said
bridge, and shall continue for the term of seventy years ; and
at the place where the toll shall be received, there shall be erect-
ed and constantly exposed to view a sign board with the rates of
toll fairly and legibly written or painted thereon in large letters :
Proviso. provided J nevertheless, that the Legislature shall have a right, at

any time after the expiration of fifteen years, to alter and regu-
late anew the rates of toll to be received by said proprietors :
provided, also, that when the receipts of toll or incotiie of said
bridge shall have amounted to a sum sufficient to defray the ex-
pense of building, repairing and sustaining the same, and paying
the interest of nine per cent, on the first cost, the said bridge
shall revert to the Commonwealth ; or when the inhabitants of
the towns of Scituate and Marshfield shall remunerate the said
proprietors for the expense of said bridge, with nine per cent,
interest thereon, (deducting what may have been received by
tolls,) said bridge shall be opened free of toll, any thing in this
act to the contrary notwithstanding.
Proprietors Sect. 5. Be it further enacted. That the said proprietors

obliged tomake be, and hereby are authorized and obliged, to lay out, make, and
damages" ^^^ maintain a good and convenient road from said bridge over the
salt marsh on each side of said river to the main upland. And

1826. Chap. 46—47. 495

the said ])roprietors shall be holden to pay all damages which
shall arise to any person by taking his or her land for such road,
(where the same cannot be obtained by voluntary agreement,)
to be estimated by a committee to be appointed by the court of Recovery of
sessions for the county of Plymouth, saving to either party the damages.
right of trial by jury, according to the law which makes provis-
ion for the recovery of damages happening by laying out public
highways.

Sect. 6. Be it further enacted, That the said bridge shall Description of
be well built of suitable materials, that it shall be at least twenty- ^'"'^s^-
two feet wide, and covered with planks with sufficient rails on
each side ; and the said bridge shall be kept in good repair at all
times, and said corporation shall within six months from the time
they shall commence receiving toll at said bridge, lodge in the
secretary's office, an account of the expenses of erecting the Corporation
same ; and they shall annually in the month of January exhibit ^''^" exiiibit

• stfltGmGnt oi

to the governor and council, a true account of the income or expenses and
dividends arising from said toll, with their necessary annual dis- '"come,
bursements on said bridge. And the books of said corporation,
shall at all times be subject to the inspection of the governor
and council, and to the Legislature, when called for.

Sect. 7. Be it further enacted. That if the said proprie- <"ondition of
tors shall neglect, for the space of four years from the passing of '"*^'^'-
this act, to build and erect said bridge, then this act is to be
void and of no effect. [Jan. 27, 1827.]

An Act to incorporate a School at Nantucket, by the name of Admiral Isaac Coffin's r^Jiiioi A 7
Lancastrian School. I^IIU^.^I.

Sect. 1. BE it enacted bij the Senate and House of Representatives, in General r'pu-
Court assembled, and bij the authority of the same, That there be, and hereby is es- '- i h h '^» ^"
tablished, in the town of Nantucket, in the county of Nantucket, a sciiool by the 1*007^ 1 '][ 1 "
name of Admiral Isaac Coffin's Lancastrian School, for the purpose of promoting « T V" '},
decency, good order, and morality, and for giving a good English education to the ]V°? ^s at)-
youth, who are descendants of the late Tristram Coffin, who emigrated from Eng- '^ ^ '
land, about the year 164I, first settled at Salisbury, in Massachusetts Bay, now
State of Massachusetts, and from thence removed to the town of Sherborn, now Nan-
tucket; as the trustees for the time being shall direct. And that William Coffin, Ariel Trustees incor-
Coffin, Gorham Coffin, Jared Coffin, I'haddeus Coffin, and Charles G. Coffin, with porated.
such others as they may add to their number, be nominated and appointed trustees,
and they are hereby incorporated into a body politic b}' the name of the Trustees of
Admiral Isaac Coffin's Lancastrian School; and they and their successors shall be,
and continue a body politic forever.

Sect. 2. Be it further enacted, That all lands, buildings, monies, or other prop- Real and per-
erty, heretofore given or subscribed, for the purpose of establishing the aforesaid sonal estate,
school, or which shall hereafter be given, granted, or assigned, to the said trustees,
shall be confirmed to the said trustees and their successors, in that trust forever, for
the uses for which said school is established. And the said trustees shall be capable
of having, holding, and taking in fee simple, by gift, grant, devise, or otherwise,
any lands, tenements, or other estate real or personal, provided the annual income oi"
the same, shall not exceed the sum of three thousand dollars, and shall apply the in-
terest, rents, and profits thereof, so as most to promote the design of tlie institu-
tion.

Sect. 3 Be it farther enacted. That the said trustees for the time being, shall Powers of the
be the visitors and governors of said institution, and shall have full power from time trustees,
to time to elect such officers thereof, as they shall judge necessary and convenient, and
fix the tenure of their respective offices, and to fill up all vacancies, that may happen
in the board of trustees, by death, resignation, or removal from the town of Nantuck-
et ; provided, always, that the trustees, shall all be the descendants of the before men- proviso
tioned Tristram Coffin, in the male or female line ; to determine the times and places
for holding their meetings, the manner of notifying the trustees, to ascertain the pow-
ers and duties of their several officers, to elect instructors and prescribe their duties,
to make and ordain reasonable rules, orders, and by-laws for the government of the
institution, provided, the same be not repugnant to the lav/s of the Commonv/eallh.

496

1826.-

-Chap. 47—49.

Common seal,
and execution
of deeds.

Number of
trustees.

First meeting'.

Chap. 48.

Persons incor-
porated.

Powers and
duties.

1808 ell. 65.

Real and per-
sonal estate.

Chai). 49.

E. Baker au-
thorized to sell
real estate.

Proviso.

Sect. 4. Be it further enacted, That the trustees of said school may have a com-
mon seal, which they may change at pleasure; and all deeds, sealed with said seal,
and delivered and acknowledged by tlie secretary of said trustees, by their order,
shall be binding and valid in law. And said trustees mav sue and be sued in all ac-
tions, and prosecute and defend the same to final judgment and execution, by the
name of the Trustees of Admiral Isaac Coffin's Lancastrian School.

Sect. 5. Be it further enacted, 'I'hat the number of said trustees shall never ex-
ceed nine, nor be less than six, one of which shall be appointed as president, three of
which, with the president, or five without ihe president, shall be necessary to consti-
tute a quorum for doing business, but a less number may adjourn from time to time,
and a majority of those present shall decide all questions, that may properly come
before said trustees.

Sect. 6. Be it further enacted, That William Coffin, Esq. be, and he is hereby
authorized and empowered to fix the time and place (or holding the first meeting of
the trustees, and to notifj' them thereof.

Sect. 7. Be it furtlter enacted, That this act may at any time be modified or re-
pealed by the Legislature of this Commonwealth. [Jan. 27, 1827.] See 1827 ch. 1.

An Act incorporating the Springfield Ames Paper Manufacturing Company.

Sect. 1. B E it enacted by the Senate and House of Representa-
tives., in General Court assembled, and by the authority of the same,
That David Ames, David Ames, Jr., and John Ames, togeth-
er with such others as may hereafter be associated with them,
their successors and assigns, be, and they are hereby made a
corporation, by the name of the Springfield Ames Paper Man-
ufacturing Company, for tiie purpose of manufacturing paper,
and machinery for the same, in the town of Springfield, in the
county of Hampden, and for that purpose shall have all the pow-
ers, and privileges, and be subject to all the duties and require-
ments contained in an act, entitled " an act defining the general
powers and duties of manufacturing corporations," passed on the
thud day of JMarch, in the year of our Lord one thousand eight
hundred and nine, and the acts in addition thereto.

Sect. 2. Be it further enacted, That said corporation may
be lawfully seized and possessed of such real estate not exceed-
ing the value of one hundred thousand dollars, and of such per-
sonal estate, not exceeding the value of two hundred thousand
dollars, as may be necessary and convenient for the purpose
aforesaid. [Jan. 27, 1827.]

An Act to authorize Ebenezer Baker to dispose of certain real estate in Charlestowu,
and to invest the proceeds thereof in other real estate.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same. That
Ebenezer Baker, of Charlestowu, in the county of Middlesex,
merchant, be, and he hereby is, duly authorized and empower-
ed to sell and dispose of the distil-house, with the land and ap-
purtenances thereto belonging, situate in said Charlestowu,
which were devised to his wife, Alice Baker, for life, remain-
der to her children in fee, by her father, Matthew Bridge, late
of said Charlestown, deceased, and to invest the proceeds aris-
ing from said sale in other real estate, situate in the county of
Suffolk, or Middlesex, in the name and to the use of his said
wife for life, and the remainder in fee to her children, accord-
ing to the provisions of said will, respecting said distil-house,
and land derived [devised'] as aforesaid : provided, the said Eb-
enezer Baker first give bond, with sufficient sureties, to the

1826. Chap. 49—50. 497

judge of probate for the county of Middlesex, that he will faith-
lully cause said premises to be sold to the best profit and ad-
vantage, and will well and truly invest the proceeds which shall
arise froni said sale in the manner herein above provided, and
any deed, made and executed by the said Ebenezer Baker, to-
gether with his said wife, of the premises aforesaid, in pursu-
ance of the powers herein granted, and duly acknowledged by
them, and recorded in the registry of deeds for the county of
Middlesex, shall make a valid title in fee to the purchaser thereof :
and provided^ further^ that the sale of the premises aforesaid, as Proviso,
well as the investment of the proceeds, and all deeds of convey-
ance in pursuance of such sale and investments, shall be approv-
ed by the judge of probate for the said county of Middlesex, so
as eiiectually to secure the rights and interests of the said Alice
Baker and all her children, conformably to the true interest [in-
tent] of the devise aforesaid. [Jan. 27, 1827.]

All Act lo incorporate certain persons as Trustees of the Parochial Funds of the Cal- (^hfin 50
vinist Society in Worcester. /

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled., and by the authority of
the same, That William McFarland, Samuel Taylor, William Persons iucor-
B. Fox, Parley Goddard and Loammi Ives Hoadley, of said P°''^'^''-
Worcester, members of said calvinist society, and parties to a
certain indenture made by Daniel Waldo, of the other part, dated
the twenty-ninth day of July last, conveying certain real estate
to said persons in trust for the benefit of said society, be, and
they, with their successors, hereby are incorporated into a body
politic forever, by the name and title of " the Trustees of the
Parochial Funds of the Calvinist Society in Worcester," and by
that name and title shall have perpetual succession.

Sect. 2. Jlnd be it further enacted, That the said trustees Powers,
shall have and keep a common seal, subject to be changed or
altered at pleasure, and may sue and be sued, and prosecute and
defend, to final judgment and execution, by the name and title
aforesaid; and the number of said trustees shall never be less Number of trus-
than five, three of whom shall form a quorum for doing business; '^'*^'
and the said trustees are hereby authorized and empowered to Trustees to
choose a president, treasurer, and clerk, and such other officer choose officers,
or officers as they may judge necessary for the due management
of the concerns of the said corporation ; to make such by-laws
and regulations, from time to time, as they may think fit, not re-
pugnant to the constitution and laws of this Commonwealth, and
to exercise all powers, incident to corporations, which may be
necessary to effect the objects of their appointment.

Sect. 3. Jlnd be it further enacted, That the real estate Tenure of real
conveyed by said Daniel Waldo as aforesaid, shall vest in and ^1'^ Waldr*^
be holden by the said trustees and their successors, conformably
to the provisions expressed and contained in the indenture afore-
said, and not otherwise ; and the said trustees shall insert among
their records a copy of this act, and also of said indenture, and
in the management, appropriation and disposal of said real estate,

VOL. VI. 63

498 1826. Chap. 60—52.

or of any portion thereof, or of the proceeds thereof, the said
trustees and their successors shall strictly conform to, and be
governed by the provisions and directions, expressed and contain-
ed in the indenture aforesaid ; and shall also do and" perform all
the acts and duties pointed out and enjoined therein.
Trustees may Sect. 4. And he it further enacted^ That the said trustees,
'rons^^ *^°"^" and their successors, be, and they hereby are vested with full
power to receive and hold all monies, securities for money, and
all grants of real and personal estate, which may hereafter be
given and made to them by individuals, in trust, for the support
of public worship in said calvinist society, and shall hold, manage,
appropriate and dispose of all such estate, real or personal, as
shall be given and granted to them as aforesaid, and accepted by
them, conformably to the true intent and meaning of the donors
thereof, as expressed in their respective deeds or instruments of
Proviso. conveyance : provided^ nevertheless^ that the annual income of

such real and personal estate, exclusive of the estate conveyed
by the indenture aforesaid, shall never exceed the sum of two
Deeds and other thousand dollars ; and all deeds and instruments which the said
instruments. corporation shall lawfully make, by the name aforesaid, and sealed
with their common seal, and all acts done, and matters passed
upon by a major part of the members thereof, shall be valid in
law, and binding on said corporation : provided^ the same be not
repugnant to the constitution and laws of this Commonwealth.
Vacancies how Sect. 5. And be it further enacted^ That when and so
*'"*'*• often as any vacancy or vacancies shall happen in said corpora-

tion, by death, resignation, removal from said calvinist society,
or otherwise, the same shall be filled from the members of said
calvinist society by the owners of pews in the meeting-house of
said society, in the w'ay and manner pointed out and prescribed
in and by the indenture aforesaid, and not otherwise.
First meeting. Sect. 6. And be it further enacted, That Loammi Ives
Hoadley be, and he hereby is authorized and empowered to call
the first meeting of said trustees, who shall thereafter detern)ine
the mode of calling the future meetings of said corporation.
[Feb. 2, 1827.]

ChUD 52 ^"^ ^^^ ^^ incorporate the Bottomley Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
Persons incor- the same, That William Bangs, Benjamin Poor and George
porated. Bangs, with such others as have already associated, or may here-

after associate with them, their successors and assigns, be, and
they are hereby made a corporation, by the name of the Bot-
tomly Manufacturing Company, for the purpose of manufacturing
cloths and woollen goofis in the town of Leicester, in the county
Powers and du- of Worcester, and for that purpose shall have all the powers and
*'®^- privileges, and be liable to all the duties and requirements con-

1808 ch. 65. tained in an act entitled "an act defining the general powers and
duties of manufacturing corporations," passed the third day of
March, in the year of our Lord one thousand eight hundred and
nine, and the several acts in addition thereto.

1826. Chap. 52—54. 499

Sect. 2. Be it further enacted^ That said corporation may Real and per-
be lawfully seized and possessed of such real estate, not exceed- *°"^ ®^'^'®"
ing in value fifty thousand dollars, and such personal estate, not
exceeding in value fifty thousand dollars, as may be necessary and
convenient for carrying on the manufactures aforesaid.

Sect. 3. Be it further enacted, That any one or more of First meeting,
the persons above named, are hereby authorized and empowered
to call the first meeting of the members of said corporation, at
such time and place as he or they may see fit to appoint, by ad-
vertising the same in any newspaper printed in the city of Boston,
or in the town of Worcester, for the purpose of choosing officers
and making by-laws for the regulation of the officers of said cor-
poration. [Feb. 3, 1827.]

All Act in addition to an act incorporating the Hingham Mutual Fire Insurance Com- (^/iftW. B3.
pany. ' *

Sect. 1. BE it enacted by the Senate and House of Rep- ^^^Sch. 162.
resentatives, in General Court assembled, and by the authority
of the same, That whenever the sum subscribed by the associ- Termofinsur-
ates of the said company, shall amount to fifty thousand dollars,
the said company shall be, and hereby are authorized to insure
for any term of time, not less than one year, nor more than seven
years, on any dwelling-house, or other building, and on house-
hold furniture, in the county of Plymouth, to any amount not ex-
ceeding three quarters of the value of the property insured.

Sect. 2. Be it further enacted, That the third section of Repeal,
the act "incorporating the Hingham Mutual Fire Insurance
Company," be, and the same is hereby repealed. [Feb. 3, 1827.]
Add. act, 1831 ch. 7.

An Act to prevent the destruction of Fish, in the harbour of Edgartown, by seining QJidn^ 54.
thereof. .» *

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That from and after the passing of this act, it shall Fishing with
not be lawful for any person or persons to catch, by seining there- ^eines forbid-
of, or by the use of nets, any fish in the bays, waters, harbours,
creeks, or arms of the sea, within the boundaries of the town of
Edgartown, excepting English herring, menhaden and mackerel :
provided, hoivever, that this act shall not have force or effect to proviso,
restrain the taking of fish, in the manner aforesaid, in any place
more than one mile from the limits of said town, nor within the
limits of the harbour of Holmes' Hole.

Sect. 2. Be it further enacted. That if any person or per- Penalties,
sons, shall violate the provisions of this act, each person so of-
fending, for each and every such offence, shall, on conviction
thereof, pay a fine not exceeding ten dollars, nor less than one
dollar, if the quantity offish so taken is less than one barrel, but
if the quantity shall be one barrel or more, such person or per-
sons so offending, shall forfeit and pay, for each and every barrel
offish so taken, the sum of five dollars.

Sect. 3. Be it further enacted. That all fines and forfeitures How recovered,
which shall be incurred by virtue of this act, shall be recovered,
the one half to the use of him or them who shall first sue for the

500 1826. Chap. 54—57.

same, and the other half to the use of the town of Edgartown,
with legal costs of suit by action of debt, in any court proper to
try the same. [Feb. 3, 1S27.J

C^hnt) ^5 ^" ^^^ incorporating ihe Bemis Manufacturing- Company.

^ ' Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority of
Persons incor- the same, That Luke Bemis, Seth Bemis, John Bellows,
porated. Thomas Cordis and Henry G. Rice, with such others as may

hereafter associate with them, and their successors, be, and they
are hereby made a corporation, by the name of the Bemis Man-
ufacturing Company, for the purpose of manufacturing woollen
and cotton goods in the towns of Watertown and Newton, in the
Powers and du- county of Middlesex ; and shall have all the powers and privi-
"es- leges, and be subject to all the duties and requisitions, contained

in an act passed on the third day of March, in the year of our
1808 ch. 63. Lord one thousand eight hundred and nine, entitled " an act de-
fining the general powers and duties of manufacturing corpora-
tions," and the acts in addition thereto.
Real and per- Sect. 2. Be it further enacted, That the said corporation
sonal estate. may be lawfully seized and possessed of such real estate, not ex-
ceeding the value of one hundred thousand dollars, and such per-
sonal estate, not exceeding two hundred tiiousand dollars, as may
be necessary and convenient for the purposes aforesaid.
First Meeting. Sect. 3. Be it further enacted. That Seth Bemis, or either
of the persons named in this act, be, and hereby is authorized to
appoint the time and place for holding the first meeting of said
corporation, giving ten days notice thereof, either by personal
notification or otherwise. [Feb. 3, 1827.]

f^hnn ^fi ■'^^ ^^^ '" fiTlhcr addition to an .\ct, entitled " .\n Act to incorporate the Ware Man-
Kyfiap, OD. ufacturing- Company."

1^1' '=h|j|- BE it enacted by the Senate and House of Representatives, in

General Court assembled, and by the authority of the same,
That the said manufacturing company in their corporate capacity,
may lawfully make and sell machinery, castings and gearing, and
fit up the same for use, wherever it shall be found necessary or
convenient for the corporation aforesaid. [Feb. 3, 1827.]

f^hnrt ^7 ^" ^^"^ '" incorporate the South IJoston Iron Compan}'.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the same. That Cyrus Alger, George C. Thacher and William
porated. fj. Howard, and their associates, successors and assigns, be,

and they hereby are made a corporation, by the name of the
South Boston Iron Company, for the purpose of working and
manufacturing iron in all its different branches at Boston, in the
Powers and county of Suffolk, and for this purpose shall have all the powers
duties. and privileges, and be subject to all the duties and requirements,

contained in an act, passed the third day of March, one thousand
1808 ch. 63. eight hundred and nine, entitled "an act defining the general
powers and duties of manufacturing corporations," and the several
acts in addition thereto.

1826. Chap. 57—59. 501

Sect. 2. Be it further enacted, That llie capital stock of Camiai stock
said corporation shall not exceed the sum of two hundred thou- ^"'' ^^^^ estate,
sand dollars, and they may he lawfully seized and possessed of
such real estate as may be necessary and convenient for the pur-
poses aforesaid, not exceeding in value the sum of fifty thousand
dollars, exclusive of the buildings and improvements, that may
be made thereon by the said corporation. [Feb. 3, 1827.]

An Act in acUlition to an Act, entitled," An Act to incorporate the Trustees of the (J/id'tj 58.
Ministerial Fund in the town of Berkley." -I '

Sect. 1. BE it enacted by the Senate and House of Repre- isiSch. 3.
sentatives, in General Court assembled, and by the authority of
the same, That the second section of the act, to which this is in Amendment of
addition, be so amended, that the annual meeting of said trustees 'ofneract.
shall be holden in the month of February or March in each year,
instead of the month of August, and that a written notification,
signed by the clerk of said trustees, for the time being, and post-
ed up at the meeting-house of the first congregational society in
said Berkley, seven days at least before such meeting, shall be
legal notice of such meeting.

Sect. 2. Be it further enacted, That the said second sec- Repeal,
tion of the before mentioned act, so far as the same is contrary
to the provisions of this act, be, and the same is hereby repealed.
[Feb. 3, 1827.] Add. acts, 1827 ch. 29: 1832 ch. 30.

An Act to incorporate the Supervisors of the Adams Temple and School Fund, in /^/,y-,,v, CLQ
Quincy, in the county of Norfolk. Ly/Uqj. OV,

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Thomas Greenleaf, Josiah Quincy, Thomas Persons incor-
Boylston Adams, Edward Miller and George W. Beale, be, P^fated.
and they are hereby constituted a body politic and corporate, by
the name of the Supervisors of the Adams Temple and School
Fund, in Quincy, in the county of Norfolk, and that they, and
their successors, to be appointed in manner as directed by three
certain deeds of gift, of John Adams, late of Quincy aforesaid,
bearing date the 25th day of .Tune, the 25th day of July, and the
10th of August, in the year of our Lord one thousand eight hun-
dred and twenty-two, granting certain real estate, and a library,
to the inhabitants of said Quincy, upon certain conditions therein
expressed, shall continue a body politic and corporate forever,
and by the same name may sue and be sued in all actions, and
may prosecute the same to final judgment and execution.

Sect. 2. Be it further enacted, That the said supervisors. Supervisors to
in concert with the selectmen of the town of Quincy, for the time vviih"seie"c'tmen.
being, shall have power and authority, and it shall be their duty
to carry into effect the intentions of the said donor, by any act
which by the said deeds they are authorized or directed to per-
form, and upon the conditions therein prescribed and accepted by
the said town.

Sect. 3. Be it further enacted, That any gift, grant, be- Donations,
quest, or devise, which may hereafter be made to said supervi-
sors, for the purposes intended by the said donor, in the said

502

1826.-

-Chap. 59.

Powers of (he
supervisors.

deeds of gift, or either of them, shall be valid and effectual to all
intents and purposes whatever, and they, and their successors as
Estate, real and aforesaid, are hereby empowered by purchase or operation of law
personal. ^^ take, have, hold, use, improve and manage any estate, real,

personal or mixed, the annual income of which shall not exceed
the sum of five thousand dollars in trust, for the purposes to
which the temple and school fund is applicable, and for the use
and benefit, in so much as relates to the temple, of the congrega-
tional society at Quincy ; and in so much as relates to the school,
of the inhabitants of the town of Quincy, in their corporate ca-
pacity.

Sect. 4. Be it further enacted, That the said supervisors
may assemble and meet together as often as they may think it
necessary for the promotion of their trust, any three of whom
shall constitute a board for doing business ; but the concurrence
of three at least shall be requisite to every act and proceeding
whatever, 'i'hey may determine the manner of calling meetings,
they may appoint a clerk, an agent or agents, and other needful
officers and committees ; they may make reasonable rules, reg-
ulations and by-laws, and annex penalties for the breach thereof,
not repugnant to the laws of this Commonwealth ; they may have
a common seal, and change the same at their pleasure, and they
may do and perform all acts, which corporate bodies are by law
authorized to do and perform, subject to the conditions prescribed
by the said deeds of gift, of the said John Adams, and to such as
may be prescribed by any gift, grant, bequest or devise, hereafter
to be made, and which may enure to them, for the purposes and
to the uses in the above mentioned deeds described.

Sect. 5. Be it further enacted, That the clerk of said
corporation, shall be sworn to the faithful performance of the du-
ties of his office, and shall have the care and custody of all papers
and documents belonging to the said supervisors, and shall faith-
fully record in a book kept for that purpose all their acts and pro-
ceedings, and shall certify the same when thereto required, and
he may call meetings when thereto directed by the supervisors,
and do whatever else may be incident to said office ; and the
said supervisors may remove at their pleasure the said clerk, and
appoint another in his place, and he shall on demand deliver to
his successor in office, as soon as may be, all the records, papers
and documents in his hands, in good order and condition ; and if
he shall neglect to do so, for thirty days next after such demand,
he shall forfeit and pay a fine of fifty dollars, and a further sum of
thirty dollars per month for such neglect afterwards, which said
fines, when paid, shall enure to the benefit of the temple and
school fund, to be sued for in any court proper to try the same.

Sect. 6. Be it further enacted, That the library given to
the town of Quincy by the said John Adams, shall be and con-
tinue under the direction of the supervisors of the temple and
school fund, with the addition of the settled minister of the con-
gregational society, and the settled minister of the episcopal so-
ciety, at Quincy, for the time being, and their successors, while

Clerk's duly.

Disposal of the
library.

1826. Chap. 59—60. 503

ihey shall remain such respectively, to be disposed of according
to the conditions prescribed in the said deed of gift ; and the
proceedings of the said supervisors and settled ministers in rela-
tion to the disposal of the said library, shall be recorded upon
their books by their clerk.

Sect. 7. Be it further enacted, That it shall be the duty of Supervisors'
the said supervisors to cause to be recorded upon their books, *^"'->'-
copies of any proceedings of the inhabitants of the said town of
Quincy, and also of the majority of the ministers, magistrates,
lawyers and physicians, inhabiting said town, made or had in con-
formity with the conditions expressed in the deeds of gift of the
said John Adams.

Sect. 8. Be it further enacted, That the supervisors afore- Supervisors'
said be, and they are hereby authorized upon the erection and aufho"'y m re-

, ,. , J , • 1 , , • I • 1 lalionlo school.

establishment oi tlie said school, to exercise any authority, and to
do and perform any act in relation to the support and maintenance
of the same, as trustees forever, which the inhabitants of the town
of Quincy may authorize, or confer upon them ; provided, the
same be not repugnant to the laws of the Commonwealth.

Sect. 9. Be it further enacted, That the town treasurer Treasurer and
of the town of Quincy, for the time being, shall also be treasurer '* "'^'*
of the said corporation, and shall be sworn to the faithful per-
formance of the duties of his office ; and he shall give bond, with
sufficient surety or sureties, to be approved by the supervisors and
selectmen, in such penal sum as they may require, with condition
to perform all the duties incumbent on him as treasurer ; and he
shall render an account of his doings, and exhibit a fair and reg-
ular statement of the property and evidences of property in his
hands, whenever they, or the selectmen shall require the same,
and shall deliver to his successor in office, as soon as may be,
all the books and papers, property and evidences of property, in
his hands, as treasurer of said corporation, in good order and con-
dition ; and in case, by reason of death, or other cause, the said
town treasurer shall fail to perform the duties and comply with
the obligations herein prescribed, the supervisors, together with
the selectmen, shall be empowered to appoint a treasurer, for the
time being, subject to the conditions required by this act.

Sect. 10. Be it further enacted. That the services of the Compensation
said supervisors shall always be gratuitously rendered ; but the °^ «''«'"''•
clerk may receive such reasonable compensation for the perform-
ance of his duty, as the said supervisors may see fit to allow, to
be taken from the said temple and school fund.

Sect. 11. Be it further enacted, That Thomas Green- First meeting.
leaf, of said Quincy, is hereby authorized to appoint the time and
place, for holding the first meeting of the said supervisors, and to
warn such meeting accordingly. [Feb. 3, 1827.]

An Act to incorporate the Roxbury Mutual Fire Insurance Company. CflCtJ}' 60*

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Thomas K. Jones, Henry A. S. Dearborn,

504

1826.-

■Chap. 60.

Persons incor-
poraled.

Term of in-
suraoce.

Officers and
by-laws.

Funds.

Assessments.

Satisfaction of
judgments.

Policy shall cre-
ate a lien on
property in-
sured.

Resort to lien.

Charles Davis, Tliomas Simmons, Nathaniel Dorr, Jonathan
Dorr, D. A. Simmons, P. F. CopelancI, Samuel J. Gardner,
John Lemist, and their associates, successors and assigns, are
hereby constituted a body politic and corporate, by the name
of the Roxbury Mutual Fire Insurance Company, with powers
and privileges incident to such corporations, for the term of
twenty-eight years.

Sect. 2. Be it further enacted, That when the sum sub-
scribed to be insured shall amount to one hundred thousand dol-
lars, said corporation may insure, for the term of one to seven
years, any buildings, goods, or furniture, to any amount, not ex-
ceeding three quarters of the value of the property insured.

Sect. 3. Be it further enacted, That said coiporation may
choose such officers, and establish such by-laws as they may
deem necessary, not repugnant to the constitution and laws of
this Commonwealth ; and each member shall have as many votes
as he has policies, and may vote by proxy.

Sect. 4. Be it further enacted, That the funds of said cor-
poration shall be vested in stocks, or loaned on such security as
the directors may order, and shall be appropriated first to pay the
expenses of the corporation, and next to pay the damages which
any member may be entitled to recover on liis policy. In case
any member shall have a just claim upon the corporation exceed-
ing the amount of their then existing funds, the directors shall, with-
out delay, assess such sum as may be necessary on the members,
in proportion to the amount of their premiums and deposits for
seven years, but not to exceed treble the amount of such premi-
ums and deposits.

Sect. 5. Be it further enacted, That whenever any mem-
ber shall recover judgment against said corjjoration, he may levy
his execution on their estate or funds ; but if sufficient estate or
funds cannot be found, he may levy the same on the private
property of any one of the directors : provided, they first refuse
or neglect for the space of sixly days to satisfy the execution,
after formal demand made on them for that purpose ; and any di-
rector, whose property may be thus taken, may sustain an action
of the case against the corporation, to recover full and adequate
damages therefor.

Sect. 6. Be it further enacted. That each policy of in-
surance shall, of itself, without any other ceremony, create a lien
on any building insured, and on the land under it, and this pro-
vision shall not prevent the taking of other collateral security.

Sect. 7. Be it further enacted, That in case it should become
necessary to resort to the lien or [on] the property insured, the
treasurer shall demand payment of the insured or his legal repre-
sentative, and likewise of the tenant in possession, and in case of
non-payment, the corporation may sustain an action for any sum
due, either on the deposit note, or by assessment, and their exe-
cution may be levied on the insured premises ; and the officer
making the levy, may sell the whole or any part of the estate at
auction, giving notice and proceeding in the same manner as is re-

1826. Chap. 60—61. 505

quired In the sale of equities of redemption on execution ; and the
owner shall have a right to redeem the estate hy paying the cost
of sale, the amount of the execution, and twelve per cent, in-
terest thereon, within one year from such sale.

Sect. 8. Be it further enacted^ That this corporation shall Liability to tax-
be liable to be taxed by any general law of this Commonwealth,
taxing other similar institutions ; and any member named in this
act may call the first meeting, by adveitising the same in any ^"■^' meeting,
newspaper printed in the county of Norfolk. [Feb. 3, 1827.]

All Act to incorporate the Provident Institution for Savings, in the town of Taunton f^hnn gl
and its vicinity. r '

Sect. I. BE it enacted hy the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority/ of
the same, That John West, Charles Richmond, .Tames W. Otis, poS. '"'°'""
D. G. W. Cobb, Samuel Crocker, John M. Williams, James
L. Hodges, Daniel Brewer, William Reed, Nathaniel Wheeler,
James Sproat, William A. F. Sproat, Jacob Chapin, Thomas
C. Brown, Thomas Whetherbey, Thomas K. Yates, Theophi-
lus Parsons, John S. Russell, James Ellis, Luther Hamilton,
George Lernard, 2d., James W. Grossman, William W. Cross-
man, Jonathan P. Sears, Charles Babbit, David C. Hodges,
and Charles R. Vickery, together with such other persons as shall
be duly elected members of said corporation in the manner which
is in this act provided, be, and they hereby are constituted a
corporation, and body politic, by the name of the Institution for
Savings in the town of Taunton and its vicinity ; and shall so
continue for the term of twenty years.

Sect. 2. Be it further enacted, That the said corporation Corporation
shall be capable of receiving from any person or persons, dis- ^'^''^sfts^'^^
posed to obtain and enjoy the advantages of said institution any
deposit or deposits of money, and to use and improve the same
for the purposes and according to the directions herein mention-
ed and provided.

Sect. 3. Be it further enacted, That all deposits of mo- Use and income
ney received by the said corporation, shall be by the same used °^ deposits,
and improved to the best advantage, and the Income or profit
thereof shall be by them applied, and divided among the persons
making the said deposits, their executors, administrators or as-
signs. In just proportion, and the principal of such deposits may
be withdrawn at such times and in such manner as said corpo-
ration shall direct and appoint.

Sect. 4. Be it further enacted. That said corporation may, Corporation
at any legal meeting, have power to elect by ballot any other ^JJ.^'^'"^""^"'
person or persons as members of said corporation.

Sect. 5. Be it further ena^'ted, That said corporation may General powers,
have a common seal, which they may change or renew at plea-
sure, and that all deeds, conveyances and grants, covenants and
agreements made by their treasurer, or any other person by
their authority and direction, shall be good and valid ; and the
said corporation shall at all times have power to sue and be

VOL. VI. 64

506

1826.-

■Chap. 61—62.

Annual meet-
ings.

Election of of-
ficers.

By-laws.

First meelinj

Legislative ex-
amination and
control.

Chap, 62.

Persons incor-
porated.

Powers.

Real and per-
sonal estate.

sued, and may defend, and shall be held to answer by the name
aforesaid.

Sect. 6. Be it further enacted^ That the said corporation
shall hereafter meet at Taunton, some time in the month of Jan-
uary annually, and as much oftener as they may judge expedient ;
and any seven men)bers of the said corporation, the president,
secrelaiy or treasurer being one, shall be a quorum ; and the
said corporation at their meeting in .January annually, shall have
power to elect and choose a president, and all other such offi-
cers as to them shall appear necessary, which officers, so chos-
en, shall continue in office one year, and until others are chosen
in their room ; and all ofliceis, so chosen, shall be under oath to
the faithful performance of the duties of their offices respec-
tively.

Sect. 7. Be it further enacted^ That the said corporation
hereby are vested with power of making laws for the more or-
derly management of the business of the corporation : provided^
the same are not repugnant to the constitution or laws of this
Commonwealth.

Sect. S. Be it further enacted, That either of the persons
named in the first section of this act may call the first meeting
of said corporation, by public notification in the newspaper
printed in Taunton, at such lime and place as he shall judge
proper.

Sect. 9. Be it further enacted, That the officers and
agents of the said institution shall lay a statement of the affairs
theieof, before any persons appointed by the Legislature to ex-
amine the same, whenever required so to do, and shall exhibit
to them all the books and papers relating thereto, and shall sub-
mit to be examined by them, concerning the same under oath ;
and the Legislature may at any time make such further regula-
tions for the government of said institution, as they may deem
expedient, and may amend or repeal this act at pleasure. [Feb.
6, 1827.]

An Act to incorporate the Salem Charitable Marine Society.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That .John C. Very, Nath'l. Appleton, Matthew
Newport, and Samuel Bartlett, and their associates, and their
successors, be, and they are hereby incorporated and made a
body politic, by the name of the Salem Charitable Marine So-
ciety, with power to have and use a common seal, to sue and be
sued, to ordain and make from time to time by-laws and rules
for the government and management of the corporation : pro-
vided, the same be not repugnant to the constitution and laws of
this Commonwealth, and that they have all the privileges usually
given by acts of incorporation to charitable societies.

Sect. 2. Be it further enacted, That the said corporation
may take by purchase, gift, grant, or in trust, or otherwise, and
hold real estate, not exceeding the value of five thousand dol-

1826. Chap. 62—65. 507

lars, and personal estate not exceeding the value of twenty thou-
sand dollars for charitable purposes.

Sect. 3. Beit further enacted, That John C. Very be, First meeting,
and is hereby authorized to call the first meeting of said corpo-
ration by a notice published in one of the newspapers printed in
the town of Salem, and appoint the time and place thereof, at
which meeting, such by-laws may be passed, as are not repug-
nant to the laws and constitution of diis Commonwealih, and
such officers chosen for the government of said corporation, as
may be deemed expedient.

Sect. 4. Be it further enacted, That this act may be Legislative con-
amended, revised or repealed, at the pleasure of the Legislature ^^° ■
of this Commonwealth. [Feb. 9, 1827.]

An Act to incorporate the First Presbyterian Society in JVIillbury. CIldT), Q3,

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Asa Waters, Elias Forbes, Joseph Torry, Persons incor-
Vernon Stiles, David Woodward, Calvin Barker, Simon Farns- porated.
worth, and Aaron Trask, together with such others as may as-
sociate with them and their successors, be and they hereby are
incorporated into a religious society, by the name of the First [Name changed
Presbyterian Society in the town of Millbury, with all the priv- I835ch.67.]
ileges and powers to which parishes and religious societies are Powers and
entitled by the constitution and laws of this Commonwealth ; Pf'^'eges.
and such society shall have authority to take, hold and possess,
by grant, gift, or otherwise, any real estate for parochial purpos- Real and per-
es, not exceeding the value of twenty thousand dollars, and to sonal estate,
raise, by voluntary contribution or otherwise, a fund for the pur-
pose of supporting public worship and other religious, parochial
and charitable purposes, not exceeding twenty thousand dol-
lars.

Sect. 2. Be it further enacted. That the said society By-laws.
may have power to order and establish such regulations, rules
and by-laws as may seem to them expedient for the due govern-
ment of the said society, and the management of their funds and
other parochial concerns, provided the same are not repugnant
to the constitution and laws of this Commonwealth.

Sect. 3. Be it further enacted. That the said society Assessments on
shall have full power and authority at any meeting duly called P^^^*'
for that purpose to assess on the pews and seats which may be
constructed in any house they may erect, all such taxes as may
be necessary or proper for the maintenance of public worship,
and the repairs and preservation of such house, and for all other
parochial charges and expenses, according to the relative value
of said pews and seats as the same shall be established by an
appraisal in conformity with the by-laws of said society ; and
the taxes so assessed shall be a lien on the pews and seats re-
spectively on which they are assessed ; and in case of the non-
payment of the tax or taxes so assessed for the space of one
year after the same shall be so assessed, the pew or pews, seat

608

1826.-

■Chap. 65 — 66.

Pews of delin-
quents may be
sold.

Society may as
sess polls and
estates.

Right of voting

First meeting.

Chap. 66.

Persons incor-
porated.

Powers.

or seats, respectively, on which the same shall be assessed,
shall be forfeited to the said society, and may be sold at public
auction, in such manner as the said society shall by their by-
laws and regulations provide ; and the balance of the proceeds
of said sale after deducting the amount of all taxes due thereon, and
the charges of sale, shall be paid over to the proprietor or pro-
prietors of the pew or pews, seat or seats, so sold or his as-
signs. And the society shall have full authority to convey to the
purchaser of any pew or seat so sold, a good and valid title as
proprietor thereof. And the said society shall also have full
power and authority at any meeting called as aforesaid, to as-
sess, upon the polls and estates of the members thereof, all
such taxes as may be necessary for the purposes aforesaid,
agreeably to the provisions of the several act.s of this Common-
wealth, regulating parishes and other religious societies.

Sect. 4. Be it further enacted, That the proprietors of
pews or seats in the house to be erected by said society shall
have a right to vote on any question in relation to the raising of
money as aforesaid, or the tTianagement of the parochial con-
cerns of said society ; and the said proprietors may authorize
such other members of said society who may become occupants
of pews or seats in said house, to vote upon any question afore-
said, in such manner and to such extent as they may fix and de-
termine from time to time : provided, such proprietors shall not
alter the regulations of said society in relation to the rights of
such occupants oftener than once in each year.

Sect. 5. Be it further enacted, That the first meeting of
said society shall be called by virtue of a warrant, upon the ap-
plicalion of any five of the before mentioned persons, to be issu-
ed by any justice of the peace, within and for the county of
Worcester, directed to any one of the before named persons,
requesting him or them to call such meeting, at such time and
place as may be appointed in said warrant. And the said soci-
ety shall then and there proceed to elect their officers, and shall
determine in what manner future meetings of the said society
shall be called, and shall also fix the time and manner of electing
the necessary officers of said society, and the tenure of their res-
pective offices. [Feb. 10, 1827.] Add. act, 1835 ch. 67.

An Act to incorporate the Proprietors of the Nantucket Lyceum.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same. That Samuel B. Tuck, George G. Mitchell, Ed-
ward G. Barney, Paul Mitchell, Jr., John W. Barrett, George
B. Upton, Francis F. Hussey, Charles Bunker and Peter F.
Ewer, with their associates, successors and assigns, shall be,
and hereby are made a corporation for literary purposes, by the
name of the Nantucket Lyceum, and by that name shall be, and
hereby are made capable in law, to sue and be sued, plead and
be impleaded, defend and be defended, in any Court of Record,
or any other place whatsoever, and also to have, make and use

1826. Chap. 66—67. 609

a common seal, and the same to alter and renew at pleasure, and
also to appoint a treasurer and clerk, with such other officers as
they may think expedient, and also to establish and put into exe-
cution such by-laws and regulations as to them shall appear neces- Hy-iaws.
sary and convenient for the government of said corporation, and
the prudent management of their aflairs : provided^ the same be
not repugnant to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That the said corpora- Red and per-
tion are hereby made capable in law, to hold and possess real s°nai estate,
estate to the amount of five thousand dollars, and personal estate,
to the amount of six thousand dollars, to be divided into shares
not exceeding one hundred dollars each.

Sect. 3. Be it further enacted. That Samuel B. Tuck First meeting,
be, and he hereby is authorized and empowered to call the first
meeting of said proprietors by publishing the time and place
thereof in some newspaper in Nantucket, one week at least be-
fore the time of said meeting ; provided, nevertheless, that this
act of incorporation shall be determinable at the pleasure of the
Legislature. [Feb. 12, 1827.]

All Act to incorporate the First Independent Universalist Society in Springfield. ChctV. 67.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Edmund Allen, Alexander Slocking, Dudley Persons incor-
Brown, Israel Phillips, Jr., Etham A. Clary, Moses Y. Beach, p°'-^"=^-
[and all others] who have associated, or may associate with
them, and their successors, be, and they are hereby incorporat-
ed as a religious society, by the name of the First Independent
Universalist Society in Springfield, with all the privileges, pow- Powers and pri-
ers and immunities to which other religious societies in this Com-
monwealth are entitled by the laws and constitution thereof.

Sect. 2. Be it further enacted, That the said society Estate, real or
shall be capable in law to piu'chase, hold and dispose of any es- P^""^""^-
tate, real or personal, for the use of said society, the annual in-
come of which shall not exceed five thousand dollars.

Sect. 3. Be it further enacted. That the members of Fund for sup-

, , -^ , . , •11 • i_ port of minister.

said society are hereby authorized to raise, by donation or sub-
scription, a fund for the purpose of supporting a Universalist
minister in said society : provided, the annual income thereof
shall not exceed eight hundred dollars ; and all subscribers to
said fund shall be holden to pay the same according to the sub-
scription.

Sect. 4. Be it further enacted, That any two of the above First meeting.
named persons are hereby authorized to notify the first meeting
of the members of the said corporation, by advertising the time
and place thereof in one or more of the public newspapers,
printed in Springfield, three days at least before such meeting ;
and that the said society may, at such, or any other meeting,
agree on the mode of calling other meetings, and elect a clerk
and treasurer, and such other officers and such committee, and
establish such rules and by-laws not inconsistent with the con-

510

1826.

-Chap. (57—68.

Limitation of
this act.

Chap. 68.

Persons incor-
porated.

Powers and pri-
vilesres.

Real estate.

Proviso.

stitution and laws of the Commonwealth, as they shall see fit,
and the same may change at pleasure.

Sect. 5. Be it further enacted^ That this act shall continue
in force for twenty-one years from the date of its passage, and
no longer. {Feb. 13, 1827.]

An Act to incorporate the Proprietors of the Exchange Coffee House.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Edward H. Robhins, Jr., Franklin Dexter and
Samuel Adams Wells, and all such persons as may associate
with thetn, as proprietors, their successors and assigns, shall be,
and hereby are constituted a body politic and corporate, by the
name of the Proprietors of the Exchange Coffee House, for the
purpose of erecting, holding, and managing a house of public en-
tertainment, and its appropriate appmnenances, with power to
hold and improve the buildings now erected on the land above [liere-
afterl described, for pin-poses similar to those for which the same are
now occupied and improved ; and by that name may sue and be
sued, defend and be defended, in any courts of record or other
place whatsoever, and shall and may do and suffer all matters,
acts, and things, which bodies politic may do and snfl'er, and
may make, have, and use a common seal, and the same at plea-
sure break, alter and renew, and ordain and put in execution
such by-laws, ordinances and regulations, as to them shall ap-
pear necessary and convenient for the government of said corpo-
ration, and for the prudent management of their affairs ; and for
the breach of such by-laws, ordinances, and regulations, may
order fines and penalties not exceeding ten dollars for every
breach : provided, that such by-laws, ordinances, and regulations
shall not be repugnant to the constitution and laws of this Com-
monweaUh.

Sect. 2. Be it further enacted. That the said corporation
be, and the same is declared capable to hold, have and possess,
in fee simple, or otherwise, all or any part of that real estate in
the city of Boston, bounded westerly on Devonshire street, there
measuring eighty-seven feet and five inches, thence turning and
bounded southerly on land of Jonathan Mason, there measuring
sixty-five feet more or less, bounded westerly a2;ain on land of
said JNlason, there measuring twenty feet and nine inches ; then
bounded southerly again on the quaker meeting-house estate, there
measuring one hundred and fourteen feet and seven inches ; east-
erly on Congress street, there measuring eighteen feet and ten
inches ; northerly on a court laid out by the late proprietors of
the Exchange coffee house, and known by the name of Congress
square, there measuring ninety-three feet and four inches ; east-
erly again on said Congress square, there measuring seventy-seven
feet and four inches ; northerly again on the estate late of James
Prince, deceased, there measuring fifty-seven feet and one inch,
to the point of beginning on said Devonshire street : provided,
the said corporation shall acquire the same by legal grant from

1826. Chap. 68. 611

the lawful proprietors thereof; and also to have, hold and possess Personal estate,
such personal property, as, together with the estate above de-
scribed, shall not exceed in value the sum of one hundred thou-
sand dollars, and said corporation shall have power to grant, sell
and alien in fee simple or otherwise, the said corporate property,
or any part thereof, and to lease, manage and otherwise improve
the same according to their will and pleasure, and by such forms
of conveyance and contract as shall by their by-laws be provided.

Sect. 3. Be it further enacted, That said proprietors, at siiarcsand oer.
any legal meeting, may agree upon the number of shares into ^'fi^ates.
which said estate shall be divided, and agree upon the form of
certificates to be given to the proprietors, which shares shall be
deemed and considered as personal estate, and shall be transfera-
ble by assignment on the back of the certificate, recorded by the
clerk of the corporation, in a book to be kept for that purpose,
and shall be liable to attachments on mesne process, and sale on
execution, in the manner, and according to the form of the stat-
utes making provision for the attachment and sale of shares of
debtors in incorporated companies.

Sect. 4. Be it further enacted, That the real estate and Real estate of
other property of said corporation shall be liable to be attached bi'e^o'aitach-
on mesne process, and be set off and sold on execution against mem and exe-
the corporation, in the same manner as the property or estate of *^'^^'°"-
individuals is by law subject to mesne or final process.

Sect. 5. Be it further enacted, That said corporation shall Assessments.
have power, from time to time, to assess on the stockholders
such sums of money, not exceeding in the whole the sum of one
hundred thousand dollars aforesaid, for the purchase, improve-
ment and good management of their estate, and for erecting, re-
pairing or altering buildings, or for the incidental expenses of the
corporation, and to sell and dispose of the shares of any delinquent
proprietor for the payment of such assessment, in such way and
manner as said corporation may, by their by-laws and regulations,
determine and agree on.

Sect. 6. Be it further enacted. That in all meetings of the Right to vote,
stockholders in said corporation, each member shall be entitled
to one vote for each share held by him.

Sect. 7. Be it further enacted. That either of the persons First meeting-.
named in the first section of this act, may call the first meeting
of said corporation, by advertising in any newspaper printed in
Boston, three times, the first not less than three days before the
time appointed for such meeting ; and the corporation, at their
first meeting, and afterwards, annually, on such day as shall be
established by the by-laws, shall choose a president, clerk, and
such other directors or officers as they may see fit, which clerk
shall be under oath ; they may also agree upon the mode of call-
ing future meetings.

Sect. S. Be it further enacted, That all covenants or con- Contracts bind-
tracts which shall be made by said corporation, and all debts due |"J^ie"/'j^-,d'|^i(i,
from it, shall be binding on each one and all of those persons, ually.
individually, who shall be stockholders in said corporation, when

512

1826.-

-Chap. 68—71.

Legislative
control.

Chap. 69.

1824 ch. 40.

1825 ch. 1G8.

Chap. 71

Persons incor-
porated.

Powers and
privileges.

Common seal
and by-laws.

Property.

such contracts respectively are made, and on their respective
heirs, executors and administrators, in the same manner as if such
covenants or contracts had been made on debts contracted by
such stockholder or stockholders in his or their individual ca-
pacity.

Sect. 9. Be it further enacted, That the Legislature shall
have authority to amend or repeal this act at any time hereafter :
provided, however, that any act of the Legislature repealing this
act shall have the effect of vesting all the real and personal estate
of said corporation in the individual members thereof, and their
legal representatives, in the same proportions as they shall, at the
lime of such repeal, respectively liold the stock of said corpora-
tion. iFeb. 13, 1827.]

An Act in addition to an Act, entitled '•' An Act in addition to an Act to incorporate
tlie President, Directors and Company of the Asiatic Bank, in Salem."

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That a further period of twelve months from and after the fourth
day of March next, be, and herel)y is allowed to the said corpo-
ration, for the payment of the addition to its capital stock, author-
ized by the act to which this is in addition. [Feb. 13, 1827.]
Add. acts, 1827 ch. 24 : 1829 ch. 75 : 1830 ch. 58

An Act to incorporate the First Methodist Episcopal Church in New Bedford, in the
county of Bristol.

Sect. 1 . BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Jonathan Tuttle, Timothy L Dyer, James W.
Dyer, James Moores, Reuben Jennings, Benjamin Pitman,
Zacheus Cushman, Jonathan R. Ward and John Fuller, all of
New Bedford, in the county of Bristol, with their families and
estates, together with sucii other persons as may hereafter asso-
ciate vvitli them, be, and they liereby are incorporated into a
religious society in the town of New Bedford, in the county of
Bristol, and made a body politic, by the name of the First Meth-
odist Episcopal Church in New Bedford, with all the privileges,
powers and immunities, to which religious societies are entitled
by the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That the said body politic
shall have power to make and use a common seal, and the same
to break and alter at their pleasure, and to make sucli by-laws for
the regulation and direction of their business, as shall not be re-
pugnant to the constitution and laws of this Commonwealth.

Sect. 3. Be it further enacted. That said body politic may
hold property, real or personal, or both, to an amount not ex-
ceeding ten thousand dollars, for the purpose of supportins; with
the income of the same, the preaching of the gospel, and other
benevolent and religious purposes : provided, that the income of
the property thus held shall be appropriated according to the
original design of the donor or donors.

Sect. 4. Be it further enacted. That said body politic shall,

1826. Chap. 71—74. 513

at their first annual meeting, elect a clerk, treasurer, and nine Election of offi-
trustees, with such powers as shall be prescribed by the by-laws ^g^Jif ""* '''^'
of said body politic; and the first meeting thereof may be called
by Jonathan Tuttle, who is hereby authorized to issue his war-
rant therefor, for the choice of officers, and for organizing said
society.

Sect. 5. Beit further enacted, That this act may be altered. Legislative
amended or repealed, at the pleasure of the Legislature. [Feb.
19, 1827.]

An Act in addition to an Act to incorporate the President, Directors and Company of (Jfidj), 72.
the City Banlc. "'

Sect. 1. BE it enacted by the Senate and House of Repre- '^^' '^^^ ^^^■
scntatives, in General Court assembled, and by the authority
of the same, That the President, Directors and Company of the increase of cap-
City Bank be, and they hereby are authorized and empowered ''^' *'°'^*'"
to increase their present capital stock, by an addition of two
hundred and fifty thousand dollars thereto, in shares of one hun-
dred dollars each, which shall be paid in such instalments, and at
such times, as the president and directors of said bank n)ay direct
and determine : provided, however^ that the whole amount shall Proviso,
be paid in, within one year from the passing of this act.

Sect. 2. Be it further enacted. That the additional stock Additional
aforesaid shall be subject to the like tax, regulations, restrictions ta^*^ Vc".''''^'^^ '°
and provisions, as the present capital stock of said corporation is
now holden, by virtue of the act to which this is in addition.
[Feb. 19, 1827.] Add. act, 1830 ch. 58.

An Act in addition to an Act entitled " An Act to incorporate the Trustees of the f^hrfn T^
Methodist Religious Society in Charleslown." \^HUjJ» lO.

BE it enacted by the Senate and House of Representatives, in I8i9ch. 116.
General Court assembled, and by the authority of the same,
That from and after the passing of this act, any five of the Trus-
tees of the Methodist Religious Society in Charlestown, shall
constitute a quorum to do business, any thing contained in said
act incorporating said trustees to the contrary notwithstanding.
[Feb. 19, 1827.]

An Act in addition to an Act to incorporate the Blackstone Canal Company. Chttt)' 74.

Sect. 1. .BE it enacted by the Senate and House of Repre- i822ch. 27.
sentatives, in General Court assembled, and by the authority o/^^pch. 77.
the same, That from and after the first day of July nest, the
stockholders in the Blackstone Canal Company in Rhode Island, Blackstone Ca-
a corporation created by the Legislature of that State, be, and R'i*^°ni'ied"wiih
they are hereby constituted stockholders in the Blackstone Canal the company in
Company in this Commonwealth, with the same powers, rights and '^^^^^
privileges, as if they had originally subscribed an equal amount of
stock in the Massachusetts corporation, and that all the tolls and
other property, real and personal, and all the powers, privileges,
rights and interests, then owned or afterwards acquired by the
Massachusetts corporation, shall belong to the stockholders for
the time being, and the stockholders of the Rhode Island corpo-
ration hereby associated with them, in proportion to the number

VOL. VI. 65

514

1826.-

-Chap. 74.

Notice to the
stockholders of
the united com-
panies.

Officers.

Proviso.

Attachment of
shares.

Proviso.

of shares by each of them owned, and that from and after the said
first day of July next, neither of said corporations shall be capable
of acquiring or holding separate property of any kind, but that
every kind of property, rights and privileges, then owned, or af-
terwards acquired by either of said corporations, shall be deemed
and taken to be the joint property of the stockholders for the
time being, in said two corporations.

Sect. 2. Be it further enacted^ That after the first meeting
of said Massachusetts company, next after the said first day of
July next, and at all future meetings, the said Rhode Island
stockholders shall be entitled to the same notice as the original
stockholders, and may be present and act accordingly, in as full
a manner as if they had originally subscribed to the stock of the
company in this state. That all meetings which shall be con-
vened in pursuance of the by-laws, whicii may be established by
the original and associated stockholders, shall be legal and valid,
and all officers chosen at such meetings, shall be officers of this
corporation, whether residing in this state, or the slate of Rhode
Island : provided^ that there shall always be one officer in each
state, who is an inhabitant thereof, on whom process against said
corporation niay be served, that the books and registry of the
proceedings of said original and associated stockholders, shall be
deemed and taken to be the books and proceedings of both cor-
porations, and it shall be the duty of said corporations to keep a
registry in both states of all transfers of stock either by the origi-
nal or associated stockholders.

Sect. 3. Be it further enacted^ That the shares of any
stockholder in said company, whether made such by the provi-
sion of this act or otherwise, shall be liable to attachment and
execution, within the state where such stockholder shall reside
and be inhabiting at the time of such attachment being made, or
in case of no attachment being so made in the state where he shall
reside, when execution shall be levied thereon, as in case of oth-
er personal estate : provided, that the officer serving or levying
any such attachment, execution or other process, whereby to
take, hold or create a lien upon the shares of any such stock-
holder, shall leave with the clerk, or some other officer of said
company, or at his last and usual place of abode, an attested copy
of the writ of attachment or execution, or other process, for tak-
ing, holding or retaining a lien upon such shares, and whenever
such shares shall be sold by virtue of any writ of execution, said
officer shall leave with the clerk, or some other officer of said
company, or at his usual place of abode, a certificate under his
hand, stating the number of shares by him sold, and to whom
sold under such writ of execution, and such purchaser thereof
shall thereupon become a stockholder in said company, entitled
to all the rights and privileges, and subject to all the duties and
liabilities of the debtor or debtors, in said writ of execution, in
regard to the stock so purchased, and an}-^ writ or process against
said company, shall in like manner be served by the officer leav-
ing an attested copy thereof with the clerk, or some other officer

1826. Chap. 74—76. 615

of said company inhabiting this state, or at his usual place of
abode.

Sect. 4. Be it further enacted, That this act shall take When this act
effect from and after the first day of July next: provided, the ^^aii take effect.
Legislature of Rhode Island shall, previous to that time, pass a
similar act, constituting the stockholders in the company in this
Commonwealth, stockholders in the company in Rhode Island,
with like powers, rights, interests and privileges, which are hereby
given to the stockholders in the Blackstone Canal Company in
Rhode Island : and provided, also, that thereafter each of said
corporations, in the states of Massachusetts and Rhode Island,
shall accept and adopt the provisions of the aforesaid acts of the
respective states. [Fe6. 20, 1827.]

An Act to unite the VVatertown and Brighton Fisheries in Charles River, and for the (Jfi/iv) 76.
regulation and management thereof. -i *

Sect. I. BE it enacted by the Senate and House of Rep- r^Z'^^'gl;,
resentatives, in General Court assembled, and by the authority of
the same, That the several fisheries described in an act made and
passed on the first day of March, in the year of our Lord one
thousand eight hundred and fifteen, entitled "an act to regulate 1814 ch. 162.
the shad and alewive fishery in the town of Brighton," and an
act made and passed the third day of February, in the year of our
Lord one thousand eight hundred and eighteen [sixteen^ entitled
" an act to regulate the shad and alewive fishery in the town of I8i5ch. 56.
Watertown," shall be united, and hereafter constitute one fishery ; Fisheries
and the right, franchise, and property of said fisheries thus united, ""'i^d.
shall belong to, and be owned by said towns in the proportions
following, that is to say, seven tenth parts thereof by the town
of Watertown, and three tenth parts thereof by the town of
Brighton.

Sect. 2. Be it further enacted. That for the well ordering Selectmen to
and good management of said fishery, there shall, as soon after ^g^"""^^"^'
the passing of this act as may be, and thereafter annually in the
month of January, be appointed by the selectmen of the town of
Watertown for the time being, three discreet and disinterested
inhabitants of that town, and by the selectinen of Brighton two
of their inhabitants of like character, who shall continue in office
for the space of one year from the date of their appointment, and
until others shall be appointed in their places, but subject to re-
moval at any time by the respective selectmen of said towns, and
they shall be denominated the fish wardens of Charles river, and
shall have power to use and occupy the said fishery, by causing Fish wardens'
all such fish as pass into, or are found in said river within the P"^^'-
limits of said towns of Watertown and Brighton, to be taken at
such times, in such manner, with such seines, nets, utensils and
machinery, and by such persons, agents, or servants as they may
see fit to employ for that purpose ; or they may lease and farm
out, by public or private sale, for one or more years, not ex-
ceeding five years in any one contract, the said fishery, entire or
by parcels, as they may consider will he most advantageous for
their respective towns ; and each of said towns shall provide the

516

1826.-

■Chap. 76.

Their duty to
pay over money
and make re-
port.

Penalty for
taking fish with
seines, &.c.

Penalty for
taking fish.

Use of fines
recovered.

same place or places where the fish have heretofore been taken
on the margin of said river, vviiiiin their respective limits, to be
used at all times for landing and drawing the fish to shore, as oc-
casion may require ; but said fish wardens shall not have the right
or power of taking any of the fish called shad and alewives, or to
authorize any other person to take them, on more than three days
in any one week.

Sect. 3. Be it further enacted, That it shall be the duty of
said fish wardens, imn)ediately upon the receipt of any monies
arising from the management, rent, or sales of said fishery, after
deducting therefrom such sums as they may have necessarily ex-
pended in conducting said business, to pay over the same to the
respective treasurers of said towns, in the proportions aforesaid,
taking their receipts for the same ; and in the month of Decem-
ber, annually, they shall make up their accounts, with a full and
fair report of their whole proceedings in the premises, and deliver
one set to the selectmen of each town, to be examined, allowed
and passed by them ; and the said fish wardens shall be entitled
to such compensation as their respective towns employing them
may see fit to allow them ; and the acts and doings of any three
of said fish wardens, when the whole have been notified, shall
be binding and as valid in law as if all five had acted and con-
curred therein.

Sect. 4. Be it further enacted, That if any person shall
cast, or put into the waters of Charles river, within the limits of
the towns of Watertown and Brighton, any seine, net, or other
machine or instrument whatever, (other than a hook and line, as is
commonly used for taking small fish,) for the purpose, or with a
design to take, or in any manner destroy any of the fish therein,
or prevent their free passage up and down, along or across said
river, or any part thereof, without license first had from said fish
wardens, he or she so offending shall forfeit and pay for each of-
fence, a sum not less than twenty dollars, nor more than forty
dollars, according to the nature and aggravation of the offence.

Sect. 5. Be it further enacted, That if any person shall
take, kill or destroy any fish within the limits of the said towns of
Watertown and Brighton, without license from the fish wardens
of Charles river, (except the taking them with hook and line as
aforesaid,) every person so offending shall forfeit and pay, for ev-
ery fish killed, taken or destroyed, the sum of thirty cents.

Sect. 6. Be it further enacted. That all fines and forfeit-
ures which may be incurred by any breach of this act, shall enure
and be to the use of the respective towns of Watertown and
Brighton, in the proportions herein before stated, that is to say,
seven tenth parts thereof to the use of the town of Watertown,
and three tenth parts thereof to the use of the town of Brighton, and
shall and may be recovered on complaint before any justice of the
peace, where the penalty does not exceed twenty dollars, or by
indictment before the supreme judicial court, or court of com-
mon pleas, or the same may be recovered by action of the case, be-
fore any court proper to try the same, in a suit in the name of the

1826. Chap. 76—79. 617

fish wardens of Charles river, for the uses aforesaid ; and the
death of any warden shall not be deemed an abatennent of any
suit or process, but the same may proceed to final judgment and
execution in the name of said wardens.

Sect. 7. Be it further enacted^ That all acts, and parts of Repeal,
acts, inconsistent with, or contravening any of the provisions of
this act, be, and the same are hereby repealed : provided^ how- f^oviso.
ever^ that the provisions of this act shall be always subject to the
revision, control, amendment or repeal of the Legislature. [.Fe6.
21, 1827.]

An Act to repeal an Act, enliilcd "An Act to repeal part of an Act, entitled an Act (^hflT), 78.
to regulate town meetings in the town of Danvers." '

Sect. 1. BE it enacted by the Senate and House of Repre- (".3' p. 17 ap-
sentatives^ in General Court assembled, and by the authority of penfiix.)

*; Ti , . J .1 . . • .1 J CT? I 1796 ch. 69.

the same, iliat an act passed the twenty-sixtl) day 01 J:'ebruary,

A. D., one thousand eight hundred and thirteen, entitled " an fs^ia^ch.^iol!"
act to repeal part of an act entitled an act to regulate town meet-
ings in the town of Danvers," be, and the same is hereby re-
pealed.

Sect. 2. Be it further enacted, That from and after the Divisionof
passage of this act, the said town of Danvers shall be, and the i^^n^ers.
same hereby is, for the choice of selectmen and assessors, di-
vided into two districts, by a line commencing at the middle of
Water's bridge, so called, at the iron factory, thence running
through the middle of the pond of said factory, and by ihe brook
running into the same, to the bridge on the county road near
Daniel Tapley's dwelling-house, thence by the road leading by-
Nathan Felton's and Thorndike Proctor's dwelling-houses, to the
county road near Francis Proctor's dwelling-house, thence by
said road westerly to the Newburyport turnpike, thence by said
turnpike to Lynnfield ; and that a bare luajority of the selectmen choice of se-
and of the assessors of said town shall be chosen from amone the 'ectmen and

cisscssors*

inhabitants of each district alternately, that is to say, a major part
of said officers shall be chosen in March or April, A. D., one
thousand eight hundred and twenty-seven, from among the inhab-
itants of the district north of said divisional line ; and the other
selectmen and assessors for the same year, from among the inhab-
itants of the district south of said line ; and in March or April,
A. D., one thousand eight hundred and twenty-eight, a major
part of said officers shall be chosen from among the inhabitants of
the district south of said line ; and the other selectmen and as-
sessors for the same year, from among the inhabitants of the dis-
trict north of said line, and so alternately in regular annual suc-
cession thereafter. [Feb.2\, 1827.]

An Act to incorporate the Methodist Episcopal Society in the town of Lowell. C^hfl'll 79

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William Wyman, James R. Barnes, John .John- Persons incor-
son, John G. Moor, James Wilson, Jonathan Knowles, Flisha porated.
W. Sweet, Nathaniel Damon, Parker Dutton, Lambert Howe,

618

1826.-

•Chap. 79—80.

Powers and
privileges.

Estate and
by-laws.

Proviso.
Trustees.

Trustees may
hold funds.

First meetins

Legislative con-
tror.

Chap. 80.

Persons incor-
porated.

Powers and
privileges.

and their associates, with their polls and estates, be, and they
are hereby incorporated into a religious society, by the name of
the First Methodist Episcopal Society in the town of Lowell,
with all the powers, privileges and immunities to which parishes
are entitled by the constitution and laws of this Commonwealth,
and may purchase, receive by gift, or otherwise, and hold real
or personal estate, the annual income of which shall not exceed
the sum of two thousand dollars, for the purpose of building a
house, and supporting public worship therein ; and may also or-
dain and establish such by-laws and regulations, as to them shall
seem necessary and convenient for the government of their soci-
ety and the management of their parochial and ministerial funds :
•provided^ such by-laws and regulations shall be in no wise con-
trary to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted^ That all gifts, grants, or
monies received by said society, shall be under the direction of
seven trustees, to be appointed agreeably to the usages of said
Methodist Episcopal Church.

Sect. 3. Be it further enacted, That said trustees be, and
they are hereby vested with, and shall have full power to receive
all monies, subscriptions, donations and securities for real or per-
sonal estate, that may hereafter be given, raised, or subscribed,
for the use of said society, and said trustees are hereby empow-
ered by purchase or operation of law, to take, have, hold, use,
improve and manage any estate, real or personal, the annual in-
come whereof shall not exceed the sum of two thousand dollars,
in trust for the support and maintenance of the gospel ministry,
and other expenses of said society.

Sect. 4. Be it further enacted, That any justice of the
peace for the county of Middlesex, be, and he is hereby em-
powered, on application therefor, to issue his warrant to some
member of said Methodist Episcopal Society, requiring him to
notify and warn the members thereof, to meet at such convenient
time and place as shall be appointed in said warrant, for the elec-
tion of such officers as parishes are by law required to choose, at
their annual meetings, and to transact such other parochial busi-
ness as may be authorized by said warrant.

Sect. 5. Be it further enacted. That this act may he
amended or repealed at the pleasure of the Legislature. [Feb.
21, 1827.]

An Act to incorporate the Trustees of the First Baptist Ministerial Church Fund in
Randolph.

Sect. 1. BE it enacted by the Senate and Home of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Samuel Spear, of Randolph, Isaac G. Blanchard
and Johnson Tolman, of Stoughton, and their successors, be,
and they hereby are constituted a body politic and corporate, by
the name of the Trustees of the Ministerial Fund of the First
Baptist Church and Society in Randolph, and by that name may
sue and be sued, plead and be impleaded, and may have a com-

1826. Chap. 80—81. 519

mon seal ; and shall possess, and may enjoy all such other pow-
ers and privileges as are incident to corporations of like nature.

Sect. 2. Be it further enacted., I'hat the said tiuslees shall Power to take
have power to take, hold, collect, and receive all such subscriptions, ^"'' ^"'"^ '^""''^•
donations, grants, bequests, and devises of real or personal prop-
erly or estate, as have been made to the said church and society,
or may hereafter be made to the said trustees for the said church
and society, and the same shall be valid and effectual to all in-
tents and purposes whatever : provided, the annual income of Proviso,
such property and estate shall not exceed twelve hundred dollars.

Sect. 3. Be it further enacted, That the said trustees, to- Rules and regu-
gether with the donors of the funds already raised for the nurnose 'anons adopted,

^i- • 1 1 II • I 11 I /- 1 ' ' to be unaltera-

aloresaid, shall, at a meetnig to be called lor that purpose, as bie.
herein afterwards provided, adopt such rules and regulations for
the management of said funds as they shall deem expedient, and
such rules and regulations, when so adopted, shall be forever af-
terwards unalterable and binding upon said trustees, unless al-
tered by the authority of the Legislature : provided, such rules rrovisos.
and regulations shall not be repugnant to the constitution and laws
of this Commonwealth. And the said trustees and donors shall,
at such meeting, prescribe the mode of calling future meetings
and organizing the same, and determine the number and duties of
said trustees, and the manner of supplying vacancies in their num-
ber : provided, however, that none of said trustees shall be re-
sponsible for the acts of the others.

Sect. 4. Be it further enacted. That the income of said incomehow
funds shall be appropriated and expended in compliance with the ^pp'^^'P"^'^''-
directions and express intentions of the respective donors ; but
no part of the principal or capital amount of said funds shall ever
be expended by said trustees, except in cases of donations or
grants made for the express purpose of having the principal ex-
pended.

Sect. 5. Be it further enacted, That the said trustees, first Trustees shall
appointed, shall within three months from the passins: of this act, fi'e.acopyof

/^i • iii)/i^ ri rniii * ri- llieir rules and

nle m the clerk s othce ot the town ol Kandolph, a copy ot their regulations.
permanent rules and regulations, attested by their clerk, which
copy shall and may be used as evidence in all cases where the
original would be evidence.

Sect. 6. Be it further enacted, That Samuel Spear be, First meeting.
and hereby is, authorized to call the first meeting of said trus-
tees and donors, by posting a notification of the time and place
thereof at the first baptist meeting-house in Randolph fourteen
days prior to said meeting.

Sect. 7. Be it further enacted, That this act shall continue in force for twentj'-one [Sec. 7. Re-
years and no longeV. [Fc6. 21, 1827.] Add. act, 1831 ch. 30. pealed 1831 eh.

______ 30.]

An Act to preserve and secure from damage Marshfield Beach, and the meadows ^; „_

thereto adjoining. L/tlCLp. ol.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That the inhabitants of the town of Marshfield, in Town authori-
the county of Plymouth, be, and they are hereby authorized and ^ed to build a

520 1826. Chap. 81.

empowered, to build a sea wall, palisades or hedge fences, to
preserve and secure the whole of Marshfield Beach from the in-
cursions and encroachments of the sea (excepting the sea-shore
lying directly between Hewett's and Branches Islands and the
sea,) and the same from time to time to repair as occasion may re-
quire, and for said purpose to make use of any stones, sand,
gravel, or clay there found, and also to take and appropriate all
the lumber which may at any time drift on to said beach, unless
the same shall be reclaimed by the owner or owners thereof
within sixty days.
Penalties for Sect. 2. Be it further enacted, That from and after the

far"e^uthe^' ^^^^ ^^^y "^ ^^^^ next, no neat cattle, liorses, or sheep shall be
beach. permitted to go at large on said beach ; and if any person shall

voluntarily turn on to said beach, or any part thereof, any such
creatures, he shall forfeit and pay, to the use of said town, for
every one of such creatures, excepting sheep, one dollar, and
for every sheep twenty-five cents.
Penalties for Sect. 3. Be it further enacted, That no person, without

treesorkimber '''^ permission of the selectmen of said town, or of the com-
from the beach mittee herein after mentioned for the lime being, shall, contrary
missioii ' '^'^' ^'^ ^'^^ ^"^"^ intent and meaning of this act, dig up, take, or car-
ry away any stones, gravel, sand, or clay, found on said beach,
or take or carry away any lumber or wood which may drift on
to said beach, unless such lumber may belong to, or have drifted
from the possession of such person or persons, or cut or carry
away any trees, bushes, or beach grass growing thereon, on
pain that every person offending, shall forfeit and pay to the use
of said town, at and after the rate of two dollars for every ton of
stones, sand, gravel, or clay so dug up, taken, or carried away ;
and four dollars for every ton of lumber, and one dollar for
every foot of wood so taken and carried away ; and for cutting
or carrying away any trees, bushes or beach grass, growing on
said beach, a sum not less than one dollar, nor more than ten
dollars, in the discretion of the court who may try the same.
Recovery of Sect. 4. Be it further enacted, That the penalties afore-

penaities. gaJ^j ^y^^y \jq gned for in the name of the treasurer of said town,

for the lime being, and recovered to the use of said town by ac-
tion of debt in any court proper to try the same.
Committee may Sect. 5. Be it further enacted, That it shall be lawful for
impound caiile. the Committee herein after mentioned, or either of them, or any
person by them authorized, to take up and impound any neat
cattle, horses, or sheep at any time found going at large on said
beach, he or they relieving such creatures with suitable meal and
water during the lime of their confinement, and when any of
the creatines aforesaid shall be so impounded, it shall be the duty
Notice. of the person or persons impounding them, witiiin twenty-four

hours, to inform the owner thereof, if known, by leaving a
written notification at his usual place of abode ; or, if unknown,
by posting up a written notification in three public places in said
town, which notification shall describe such creatures, and spec-
ify the time, place, and cause of impounding them ; and if such
owner shall not, within three days from the lime of leaving or

1826. Chap. 81. 521

posting up such notifications, pay, or ofi'er to pay to the pound
keeper, the penally or penalties incurred as aforesaid, and also
the reasonable expenses of the relief and sustenance of such
creatures, together with the pound keeper's legal fees, such Pound keeper
pound keeper may proceed to sell such creatures at public auc- [Ilreslmpound-
tion, first giving notice of the time and place of sale, by posting ed.
up a written notification thereof in three public places in said
town, at least forty-eight hours before said sale, and after de-
ducting from the proceeds of any such sale, the said penalties,
expenses, and fees, together with the costs of such sale, the
surplus, if any, shall be paid to such owner, if he shall demand
the same within one year after such sale ; otherwise it shall be
paid into the treasury of the said town of Marshfield, for the use
of said town. *

Sect. 6. Be it further enacted^ That said town of Marsh- Committee to
field, at their annual town meeting in March or April, or at any 1^^ chosen,
other legal meeting, may choose a committee of one or more
persons, whose duty it shall be, to cause the provisions of this
act to be carried into full effect, and who shall be sworn to the
faithful discharge of that duty, and who are hereby authorized to
sue for and recover, in the name of the treasurer of said town,
the penalties herein before mentioned.

Sect. 7. Be it further enacted, That if any person has a Compensation
legal title in, or to said beach, or any part thereof, he shall for damages,
have a right to a compensation in damages, to be paid by said
town of Marshfield, for any injury he may sustain under any of
the provisions of this act, which damages shall be estimated by
a jury, to be awarded by the court of common pleas in and for
said county, and recovered with costs in the same manner, in
which damages are estimated and recovered by persons injured
by the laying out of highways : provided, application therefor be Proviso,
made by petition to said court, within twelve months from and
after the passing of this act, saving to said town of Marshfield
the right to contest the title of any such applicant in and to said
beach, or any part thereof, by pleading to issue to any such pe-
tition, and such issue, whether in law or fact, shall be tried in
said court ; and either party shall have a right to appeal from the
judgment of said court thereon, to the supreme judicial court,
in and for said county, and in case such issue be finally deter-
mined in favor of such applicant, said court of common pleas
shall proceed to award a jury to estimate damages as aforesaid ;
but if such issue be finally determined against such applicant,
said town of Marshfield shall recover against them their costs.

Sect. 8. Be it further enacted, That this act shall be condition of
void unless the inhabitants of the town of Marshfield, at a legal 'his act.
town meeting called for that purpose, shall, by a written vote,
determine to adopt the same within six months after the passing
of this act. [Feb. 21, 1827.] Add. act, 1828 ch. 124,

VOL. VI. 6G

522

1826.-

-Chap. 82—83.

Chap. 82.

E. Crane and
E. Glover au-
thorized to
erect dams.

Proviso.

1795 ch. 74.

Chap. 83.

Persons incor-
porated.

Limitation of
act.

Board of direc-
tors and by-
laws.

Duties and pow-
ers of directors.

An Act to authorize tiie erection of a Dam, across Saggamore Creek.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That Elijah Crane, and Ezra Glover, their heirs and assigns be,
and they are hereby authorized and empowered to bnild a dam
or dams on land, which they or either of them now own, or
hereafter may own across Saggamore Creek, so called in the
towns of Quincy, and Milton, for the purpose of using the
tide waters of said creek in driving a mill or mills, which they
may erect on or near said creek : provided, nevertheless, that all
owners of lands, that may be overflowed in consequence of the
erection of such dam or dams, shall have the same remedy in
law against the said Crane and Glover, their heirs, and assigns,
as is provided in and by an act, for the support and regulation
of mills, and the several acts in addition thereto. [Feb. 23,
1827.]

An Act to incorporate the Mutual Fire Assurance Companj* of Springfield, and the

vicinity.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the sa7ne. That Zebina Stebbins, Joseph Carew, David Ames,
Festus Stebbins, Walter Stebbins, ,Tohn Newbury, Sable Rog-
ers, Jacob Bliss, and their associates, hereafter shall be a cor-
poration by the name of the " Mutual Fire Assurance Compa-
ny of Springfield, and the vicinity," and possess all the powers
and privileges incident to such corporations, and shall so con-
tinue for the term of twenty years from the passing of this act.

Sect. 2. Be it further enacted. That said corporation
shall choose a board of directors not more than nine nor less
than five, and shall establish such by-laws as they may deem
necessary : provided, that such by-laws shall not be repugnant
to the constitution and laws of the Commonwealth. In all
matters decided in any legal meeting of said corporation, each
member shall have a right to as many votes as he has policies,
and may vote by proxy legally authorized.

Sect. 3. Be it further enacted. That the board of direc-
tors shall superintend the concerns of said corporation, and shall
have the management of the funds and property thereof, and all
matters and things thereunto relating not otherwise provided for.
They shall have power from time to time to appoint a secreta-
ry, treasurer, surveyor or surveyors, and such other officers,
agents and assistants as to them may seem necessary, and to pre-
scribe their duties, fix their compensation, take such security
from them as they may judge proper for the faithful performance
of their respective duties, and remove them at pleasure. They
shall determine the rates of assurance, and the sum to be assur-
ed on any building, not exceeding three fourths of its value.
They shall order and direct the making and issuing of all poli-
cies of insurance, the providing of books, stationary, and other
things needful for the office of said corporation and for carrying
on the affairs thereof, and may draw on the treasurer for the pay-

1826. Chap. 83. 523

nient of all losses incurred in transacting the concerns of said

corporation. Tliey shall elect one of iheir own number to act

as president and may hold their meetings as often as necessary,

and shall keep a record of their proceedings, and a majority of

the whole number of directors chosen shall constitute a quorum Quoium.

for the transaction of business.

Sect. 4. Be it further enacted, That when the sum sub- insurance,
scribed by the associates to be insured shall amount to fifty thou- Lid Fmnkitn
sand dollars, said corporation shall then be authorized to insure added 1827 ch.
for the term of six years any dwelling house or odier building in -'
the county of Hampden.

Sect. 5. Be it further enacted. That every person who Deposit note,
shall become a member of said corporation by effecting insur-
ance therein, shall, before he receives his policy, in addition to
the premium, deposit his note without interest for such sum of
money as shall be determined by the directors, which shall be
payable in part or the whole at any time when the directors shall
deem the same requisite for the payment of losses or other ex-
penses, and, at the expiration of the term of assurance, such
note or such part of the same as shall remain unpaid, after de-
ducting all losses and expenses occurring during said term, shall
be relinquished and given up to the signer thereof.

Sect. 6. Be it further enacted, That the funds of the cor- investment of
poration shall be vested in stocks or loaned on such security as '^""'^*-
the directors may order, and the funds shall be appropriated,
first to pay the expenses of the corporation, and next to pay the
damages which any member may be entitled to recover on his
policy. In case any member shall have a just claim against the
corporation exceeding the amount of the then existing funds, the
directors shall without delay assess such a sum as may be neces-
sary on the members, which assessment shall be in proportion to Assessments,
the amount of premium and deposit, but shall not in any case ex-
ceed fifty cents on each hundred dollars insured, and the same
on each hundred dollars of the deposit note.

Sect. 7. Be it further enacted, That all buildings insured Lien on build-
by and with said corporation, together with the right, title, and '"i^* '°^"'■^^•
interest of the assured to the lands on which they stand, shall be
pledged to said corporation, and said corporation by the policy
of insurance shall have a lien thereon against the assured during
the continuance of his, her, or their policies, and until the pay-
ment of all legal assessments and taxes.

Sect. 8. Be it further enadcrf. That whenever any mem- Liability of di-
ber shall recover judgment, and the directors shall neglect to sat- ■■®'='°'''*-
isfy and pay the same, within ninety days after demand made for
that purpose on the treasurer, directors, secretary, or any direc-
tor of said corporation, then the execution issuing upon such
judgment may be levied upon the private property of any of said
directors, to the amount of the excess of the funds of the corpo-
ration, together with the amount of all the assessments they are
authorized to make, over and above the amount due on judgment
previously demanded, and any director who may have his pro-

524

1826.-

-Chap. 83—84.

Settlement of
loss.

perty taken may sustain an action on the case, to recover com-
pensation therefor of the corporation, or a proportional part tliere-
of and contribution therefor of the directors.
Persons losing Sect. 9. ^nd be it further enacted, That whenever any
to give notice. pg^gQj^ gha]) sustain any loss of property by fire so insured, he or
she shall, within thirty days after, give notice of the same to such
of the directors as shall be agreed upon by the said corporation
for diat purpose, whose duty it shall be immediately to view
where the fire happened, and to inquire into the circumstances
attending the same, and determine in writing under their hands
the amount, if any, of the liability of said corporation for such
loss ; and if the sufferer shall not acquiesce in their determina-
tion, he or she, within thirty days after such determination is
made known, may bring an action at law against said corporation
for such loss, before any court of competent jurisdiction within
the county of Hampden, and in case the sufferer shall not by
verdict of a jury recover more than the damage determined upon
by the directors as aforesaid, the plaintiff in such action shall
have judgment upon the verdict ; but the corporation shall reco-
ver their costs, and execution shall issue for the balance in favour
of the party entitled to recover it.

Sect. 10. Beit further enacted, That the said corporation
shall be liable to be taxed by any general law of the Common-
wealth providing for the taxation of all similar corporations, and
First meeting, any two pcrsons named in this act may call the first meeting of
said corporation, by giving notice thereof in either of the news-
papers printed at Springfield, four days at least previous to said
meeting, [i^'ei. 23, 1827.] Add. act, 1827 ch. 44.

Liability to be
taxed.

Chap. 84.

Persons incor-
porated.

Powers and pri-
vileges.

Estate.

First Meeting.

An Act to incorporate the Saxonville Parish in the Town of Framingham.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Josiah Stone, Eliphalet Wheeler, F. A. Berto-
dy, Jas. Stimpson, Burleigh Bullard, John Whitney, Edward
Warren, John Rice, Dexter J'airbanks, Isaiah W^ild, Henry
Daleiker, William Phillips, Lyman Morse, and all others, who
have or may associate with them, and their successors, be, and
they hereby are incorporated as a religious society, by the name
of the Saxonville Parish in the town of Framingham, with all the
privileges, powers, and immunities to which other religious soci-
eties in this Commoiiweahh are entitled by the laws and consti-
tution thereof.

Sect. 2. Be it further enacted. That the said society shall
be capable in law to purchase, hold and dispose of any estates
real or personal, for the use of said society, the annual income of
which shall not exceed two thousand dollars.

Sect. 3. Be it further enacted, That any two of the above
named persons are hereby authorized to notify the members of
said corporation, by posting notice of the time and place of hold-
ing their first meeting, at the meeting-house door in said Fram-
ingham, near the Saxon Factory, seven days at least before such

1826. Chap. 84—89. 625

meeting, and that the said society may, at such or any other
meeting, agree on the mode of calling future meetings, and elect
a clerk and treasurer, and such other officers, and such commit-
tees, and establish such rules and by-laws, not inconsistent with
the constitution and laws of the Commonwealth, as they may see
fit, and may annul and change the same at their pleasure. [Feb.
23, 1827.]

An Act to prevent the taking of Fish by seines or nets in Congamon Ponds in South- Chctp, 85.
vvick. '■

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That from and after the passing of this act, it shall not be lawful The use of
for any person or persons to catch any fish with seines or nets, [^^'^^'^ forbid-
in the Congamon Ponds in Southwick, and if any person or per-
sons shall catch any fish with a seine or net in the ponds afore-
said, he or they shall forfeit a sum not less than five dollars, nor Penalty,
more than twenty dollars, for each and every such offence, to be
recovered by an action of debt to the use of him or them who
shall sue for the same. [Feb. 23, 1827.]

An Act to provide for the payment to the County of Worcester for the use of their f^hfirt PT
House of Correction. J *

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That there be allowed and paid to the treasurer of the county of Worcester
Worcester from the treasury of this Commonwealth, for the use '^"'^T^^^n^^

df 1 r I 1 r • • • 1 paid ^foUU a

occupation oi so much ot the house oi correction m said year for use of

county, as has been used by the convicts sentenced to the same ''ouse ofcorrec-

by the justices of the supreme judicial court, or either of them,

since the twenty-first day of February, in the year of our Lord

one thousand eight hundred and twenty-four, at the rate of three

hundred dollars per annum ; and his excellency the governor, by

and with the advice of council, is hereby authorized to draw his

warrant on the state treasurer for such sum as may be due to the

county of Worcester, for the use, by the Commonwealth, of their

house of correction, agreeably to the provisions of this act. [Feb.

23, 1827.]

An Act to establish the Hoosac Mountain Turnpike Corporation. C^hnf) 8Q

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Consider Scott, Ebenezer Thayer, Joseph P. Persons incor-
Allen, Calvin B. Havvkes, Anson May hew, George May hew, P^f^'*^''-
Sylvester Maxwell and Joseph Merrill, and all such other per-
sons as shall associate with them, their successors and assigns,
be, and they are hereby made a corporation, by the name of the
"Hoosac Afountain Turnpike Corporation," for the purpose of
making a turnpike road from Charlemont in the county of Frank-
lin, to Adams in the county of Berkshire, beginning at a large
rock on the north bank of Deerfield river, near the dwelling-
house of Hepzibah Rathbone, in Charlemont, thence crossing
Deerfield river in the most suitable and convenient place to the

526

1826.-

-Chap. 89—91.

Powers and
privileges.

1801 ch. 123.

Rates of toll.

i*Increased
828 ch. 28.]

Legislative
control.

Proviso.

mouth of Cold river, thence westerly near said river to Haskin's
tavern, on the top of the mountain, ihence westerly in the most
convenient route to the north branch of Hoosac river, ihence
following the course of said branch, to the north village of Ad-
ams : and shall have all the powers and privileges, and be subject
to all the requirements prescribed and contained in an act, entitled
" an act defining the general powers and duties of turnpike cor-
porations," passed on the sixteenth day of March, in the year of
our Lord one thousand eight hundred and five, and the several
acts in addition thereto.

Sect. 2. Be it further enacted, That when the said road
shall be sufficiently made, and shall be allowed and approved
agreeably to the provisions of the act aforesaid, the said corpora-
lion shall be authorized to erect one gate, and at the same shall
be entitled to demand and receive of each traveller or passenger
the following rates of toll,* to wit : for every coach, phaeton, or
other four wheeled carriage, drawn by two horses, twenty-five
cents, and for each additional horse, six and a quarter cents ; for
each carl or wagon, drawn by two horses or oxen, twelve and a
lialf cents, and for each additional horse or ox, six and a quarter
cents ; for each curricle, sixteen cents ; for each chaise, chair or
sulky, twelve and a half cents ; for all four wheeled carriages
drawn by one horse, seven cents ; for each sleigh or sled, drawn
by two horses or oxen, ten cents, and for each additional horse
or ox, four cents ; for each sleigh, sled or cart, drawn by one
horse, seven cents ; for each man and horse, six and a quarter
cents ; for all sheep and swine, three cents by the dozen ; for
horses and neat cattle, exclusive of those rode on, and in car-
riages, two cents each ; for each foot passenger over the bridge
across Deerfield river, two cents.

Sect. 3. Be it further enacted, That nothing in this act
contained, shall deprive the Legislature of this Commonwealth
of the power to authorize the appropriation of the whole or any
part of the land, over which the said turnpike may be located,
for the purpose of constructing a railway upon and over said land :
provided, however, that if the said land shall ever be appropriated
for the purpose aforesaid, the said turnpike corporation shall re-
ceive an adequate compensation for any damage they may thereby
sustain, to be determined in such manner as the Legislature shall
appoint. IFeh. 23, 1827.] Add. act, 1828 ch. 28.

Chap, 9L

Persons incor-
porated.

An Act to incorporate the Massachusetts Charitable Eye and Ear Infirmary.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That .Tohn Welles, Benjamin Joy, Robert O. Shaw,
Samuel H. Walley, Edward Tuckerman, Lucius M. Sargent,
Bryant P. Tilden, Edward H. Robbins, Jr., James C. Merrill,
and Charles P. Curtis, Esqrs., with Edward Reynolds and .John
Jeffries, physicians, all of the city of Boston, together with their
associates, be, and they are hereby incorporated and made a body
politic, for the purpose of gratuitously relieving and curing dis-

1826. Chap. 91. 627

eases of the eye and ear, and of enabling poor persons afflicted
with such diseases to submit to a course of medical treatment for
the same, by the name of " the Massachusetts Charitable Eye
and Ear Infirmary," and that they, their associates and succes-
sors, shall have perpetual succession by the said name, and shall
have power to make by-laws for the preservation and advance- By-laws,
ment of said institution, not repugnant to the constitution and laws
of this Commonwealth.

Sect. 2. Be it further enacted, That the said corporation
be, and it is hereby authorized and empowered to make, appoint
and have a common seal, and is hereby made liable to be sued,
and enabled to sue and defend in its corporate capacity, in any
of the courts of record in this Commonwealth ; and is hereby
licensed and empowered to make purchases and to receive grants, Real and per-
devises and donations of real estate, to the amount not exceeding ^°"^' estate,
thirty thousand dollars, and personal estate to an amount not ex-
ceeding seventy thousand dollars.

Sect. 3. Be it further enacted, That the said corporation Annual meet-
shall meet at Boston on the last Thursday of October annually, '"^'
for the purpose of choosing by ballot twelve managers, a secre-
tary, and a treasurer ; and public notice of the time and place of
holding such meetings, shall be given, once at least, in two of
the newspapers published in Boston, seven days before the day
of meeting, and votes may at all elections be given in person or
by proxy.

Sect. 4. Be it further enacted, That the business of said Powers and du-
managers shall be to appoint surgeons, and when they deem it ^' ° '"^"^o^'^-
expedient, an apothecary of said infirmary, to provide medicines
and surgical instruments, to distribute money among poor patients,
to defray expenses of board whilst under treatment, and to regu-
late all other afFairs of the institution ; any three of said managers
shall constitute a quorum, and all legal instruments which they
shall make and execute, shall, when signed by their president or
chairman, and sealed with their common seal, bind the said cor-
poration, and be valid in law.

Sect. 5. Be it further enacted, That Edward Tuckerman, First meeting.
Esq., be, and is hereby authorized, by public notice, in two of
the Boston newspapers, to call the first meeting of said corpora-
tion, at such time and place as he shall judge proper, at which
meeting the said corporation shall have all the power vested in
them at their stated annual meetings in October, but the officers
then chosen shall not continue in office longer than the next
meeting in October, unless re-elected.

Sect. 6. Be it further enacted. That this act may be Legislative con-
amended or repealed at the pleasure of the Legislature. [Feb,
23, 1827.]

528

1826.-

-Chap. 93.

Chap. 93.

Persons incor-
porated.

General powers,

Real estate.

Proviso.

Shares.

Corporate es-
tate lialile to at-
tachment and
execution.

Assessments.

First meetinsf.

An Act to incorporate the Proprietors of Norfolk House.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same^ That Sherman Lelancl, Charles Davis, Samuel I.
Gardner, John Ciiampney and David A. Simmons, and such
others as may be associates with them as proprietors, tiieir suc-
cessors and assigns, shall be, and hereby are constituted a body
politic and corporate, by the name of the Proprietors of Norfolk
House, for the purpose of erecting, holding and managing a house
of public entertainment and its appropriate appurtenances, and
by that name may sue and be sued, defend and be defended, and
may do and suffer such acts and things as other bodies corpo-
rate may do and suffer, may have a seal, and make all necessary
by-laws : provided, the same be not repugnant to the constitution
and laws of this Commonwealth.

Sect. 2. Be it further enacted, That said corporation may
take and hold, in fee simple or otherwise, all or any part of that
real estate in Roxbury, known by the natne of the Ruggles
estate, not exceeding twenty rods in front on the highwa}' lead-
ing to Dedharn, one hundred and fifiy rods on the highland road,
sixty roods [rods] on land of Benjamin F. Copeland, and one
hundred and fifty rods on land of Martha Ruggles and the heirs
of William Lambert : provided, the same be acquired by legal
grant ; and shall have |)Ower to improve and manage the same
for an hotel, and to sell and dispose of the same at pleasure :
provided, further, that the whole amount of estate of said corpo-
ration, real and personal, shall not exceed the sum of forty thou-
sand dollars.

Sect. 3. Be it further enacted, That the proprietors, at
any legal meeting, may determine the number of shares said estate
shall be divided into, and the mode of transferring the same,
which shares shall be deemed personal estate, and be subject to
attachment and sale, in like manner as the shares of debtors in
other incorporated companies, and said real and personal estate
of said corporation shall be liable to be taken on mesne process
or execution, and set off or sold in the same manner as the prop-
erty of individuals is, or shall be by law.

Sect. 4. Be it further enacted. That said corporation may,
from time to time, assess upon the stockholders, such sum not
exceeding three hundred dollars on each share, for the purchase,
improvement and management of their estate, as may be deemed
needful, and may dispose of the shares of delinquents, as the
corporation, by their by-laws, shall determine.

Sect. 5. Be it further enacted. That either of the persons
named in the first section of this act, may call the first meeting,
by advertising the same in any newspaper printed in the county
of Suffolk or Norfolk, and each member shall be entitled to one
vote for each share, and the corporation, at the first meeting, and
afterwaids annually on such day as may be established bv the
by-laws, may choose a treasurer, clerk, and such other officers

1826. Chap. 93—94. 529

as they see fit, and the clerk shall be under oath, and they may
also determine the mode of calling future meetings.

Sect. 6. Be it further enacted^ That all covenants and con- Contracts bind-
tracts made by, and debts due from said corporation, shall be hofderslnd^vid-
binding on one and all of the persons, who shall be stockholders ualiy.
when such contracts are made, as fully as if such contracts had
been made by said stockholders individually, and the Legisla-
ture shall have authority to alter, amend or repeal this act at any
time hereafter : provided, hoioever, that any act of the Legisla- Legislative con-
ture, repealing this act, shall have the effect of vesting all the 'ro'-
real and j)ersonal estate of said corporation in the individual
members thereof, and their legal representatives, in the same
proportions as they shall at the time of such repeal respectively
hold the stock of said corporation. [March 2, 1827.]

An Act authorizing the Town of Cambridge to establish a Board of Health. Ctlfl'D 94i

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the inhabitants of the town of Cambridge, qual- Election and
ified to vote for town officers may, in the month of March or a'^^oard^gf"" °^
April annually, in town meeting assembled, elect, by ballot, five health.
or seven able and discreet persons, being freeholders, and resi-
dents in said town, to be a board of health, whose duty it shall
be, when notified by the town clerk of their election as aforesaid,
to meet within six days after such notice, and organize them-
selves by electing a president and secretary. The secretary
thus chosen to be sworn to the faithful discharge of the duties of
said office, which oath shall be entered and subscribed by such
secretary, on the records of said board, and attested by the per-
son administering the same ; and a certificate from the records of
said board, shall be received and admitted as evidence in all
cases relating to the proceedings of said board. On the death
or resignation of any member of the said board of health, such Vacancies how
vacancy shall be filled by electioa by ballot, at the next town ^"^^•
meeting which may be holden after such vacancy, and a majori-
ty of the board shall be competent to transact any business
which the whole board could transact.

Sect. 2. Be it further enacted. That the said board of Power and duty
health shall have power, and it is hereby made their duty to ex- health. ^^ °
amine into all causes of sickness, nuisances and sources of filth,
that may be injurious to the health of the inhabitants of the town
of Cambridge, which do or may exist within the limits of said
town, or in any vessel at any wharf within the limits thereof;
and the same to destroy, remove or prevent, as the case may
require ; and all the expenses attending the same to be paid by
the person or persons who caused such nuisance to exist, if
known, and if not known, such expenses to be paid by the
town ; and in all cases where such nuisance, source of filth, or
cause of sickness, shall be found on private property, the owner
or occupier thereof, on being notified by the authority of said
board, and ordered to destroy or remove the same, shall forth-

voL. vr. 67

530

1826.-

Chap. 94.

Board may ap-
point scaven-
gers.

Power to re-
move nuisances.

Proceedings
when admit-
tance is refus-
ed.

Justice's war-
rant'.

with remove or destroy such filth or nuisance ; and in case such
owner or occupier shall refuse or neglect to remove such filth,
nuisance or cause of sickness, from his, her, or their property,
within the time specified hy said hoard, he, she, or they so of-
fending shall forfeit and pay a fine, of not less than five dollars,
nor more than one hundred dollars, to be sued for and recover-
ed by said board of health in manner hereafter directed ; and
any two members of said board may cause the same nuisance to
be removed or destroyed as the case may require ; and all costs
or expenses, incurred in removing or destroying the same, shall
be paid by such owner or occupiers, on whose premises, or in
whose possession such cause of sickness, nuisance, or source of
filth may be found ; and the said board may have power to ap-
point scavengers when necessary to carry into effect the lequire-
menls of this act, and the same to remove and substitute others
at the pleasure of the board.

Sect. 3. Be it further enacted, That the said board of
health shall have power to seize, take and destroy, or remove
to any safe place within the limits of the town, or cause the
same to be done, any unwholesome and putrid or tainted meat,
fish, bread, vegetables, or other articles of the provision kind,
or liquor, which in their opinion (first consulting some respec-
table physician of the town of Cambridge,) shall be injurious to
the health of those who might use them, and the cost of seizing,
taking, destroying, or removing, shall be paid by the person or
persons, in whose possession the same unwholesome, putrid or
tainted article shall or may be found ; and whenever said board
shall think it necessary for the preservation of the lives or health
of the inhabitants of said town, to enter forcibly any building or
vessel, having been refused such entry by the owner or occupant
thereof, within the limits of the town of Cambridge, for the
purpose of examining into, destroying, removing or preventing
any nuisance, source of filth, or cause of sickness aforesaid,
which said board have reason to believe is contained in such
building or vessel, any member of said board, by order of said
board, may apply to any justice of the peace, within and for the
county of Middlesex, and on oath complain and state on be-
half of said board the facts, as far as said board have reason to
believe the same, relative to such nuisance, source of filth, or
cause of sickness aforesaid, and such justice shall thereupon is-
sue his warrant, directed to the sheriff of the county of Middle-
sex, or either of his deputies, or to any constable of the town
of Cambridge, therein requiring them or either of them, taking
with them sufficient aid and assistance, and also in company of
said board of health, or any two members of the same, be-
tween the hours of sunrise and sunset, to repair to the place
where such nuisance, source of filth, or cause of sickness, is
complained of as existing as aforesaid, and there, if found, the
same to destroy, remove or prevent, under the directions and
agreeably to the order of said board of health, or such mem-
bers of the same as may be present for such purpose : provid-

1826. Chap. 94. 631

ed, however^ that no sheriff, deputy sheriff, or constable, shall Proviso,
execute any civil process, either by arresting the body, or at-
taching the goods, and chattels, under color of any entry made
for the purpose aforesaid, unless such service could by law be
made without such entry ; and all services so made under cov-
er of such entry, shall be utterly void ; and the officers making
such service shall be considered as trespassers, and shall suffer
the pains and penalties of the law in such case made and pro-
vided : and in all cases where such nuisance, source of filth, or
cause of sickness, shall be removed as aforesaid, the cost aris-
ing in such proceedings shall be paid by the person or persons
who caused or permitted the same nuisance, source of filth, or
cause of sickness, to exist, or in whose possession the same
may be found.

Sect. 4. Be it further enacted^ That the said board of Board may
health shall have power to make such rules, orders and regtila- ""ake rules and
tions, from time to time, for the preventing, removing or de- "^^^^
stroying of all nuisances, sources of filth, or causes of sickness,
within the town of Cambridge, which they may think necessary ;
which rules, orders and regulations, after having been posted up
in three or more public places within the town, shall continue in
force, and be obeyed by all persons until altered or repealed by
said board, or by the said town ; and any person or persons who
shall disobey or violate any such rules, orders or regulations, so
as aforesaid made, shall severally forfeit and pay a sum for such penalty for vi-
offence, not less than one dollar nor more than fifty dollars, ac- olaiion of rules,
cording to the nature and aggravation of the offence. And for Expenses,
all expenses which may arise in the execution of their duty, the
said board of health shall be authorized to draw upon the town
treasurer of the town of Cambridge, and the same shall be paid
by the treasurer of said town ; and the accounts of said board,
including all receipts and expenditures of money shall be exam-
ined annually, and reported to the town, by a committee ap-
pointed for that purpose.

Sect. 5. Be it further enacted, That all fines, forfeitures. Fines how re-
and sums to be paid, arising under any of the provisions of this covered and to
act, shall be prosecuted for, by and in the name of the board
of health of the town of Cambridge ; and the said board of
health shall pursue said prosecution to final judgment, in any
court within the county of Middlesex, having competent juris-
diction ; and all monies arising by fines, forfeitures or sums to
be paid under any of the provisions of this act, shall enure to
the use of the inhabitants of the town of Cambridge, and
shall be accounted for by said board to the treasurer of said
town.

Sect. 6. Be it further enacted, That whenever said board Defendants
shall commence any process against any person or persons un- may recover
der this act, and costs shall be adjudged for the defendant or de-
fendants in such process, and execution issues [issued] thereon Defgn^ants
shall remain unpaid for thirty days after notice to said board, niayiiaveac-
said defendant or defendants may have and maintain an action of '^'°°' ^'^'

582

1826.-

-Chap. 94—97.

Sand, &c. not
to be removed
from beach
without per-
mission.

Penalties how
recovered.

debt therefor against said board in their private capacity, be-
fore any court of competent jurisdiction in this Commonwealth.
[March 2, 1827.] Add. act, 1834 ch. 79.

Chtt'Pm 95. ^^ ^^^ *° prevent the taking of Sand, Sea-weed, &c., from the Beach and Flats in
J * * Plymouth Harbor.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives., in General Court assembled, and by the authority
of the same, That from and after the passing of this act, no per-
son shall take from Plymouth Beach so called, or the flats and
shoals to the eastward of said beach, within the Gurnet, or
from the flats to the westward of said beach, within the limits
of the town of Plymouth, any sand, sea-weed, stone, or any
other thing, the removal of which would tend to injure said
beach, without first obtaining permission from the selectmen of
the town of Plymouth.

Sect. 2. Be it further enacted, That if any person shall
offend against the provisions of this act, he shall forfeit and
pay a sum of not less than ten, nor more than one hundred dol-
lars, for each and every such offence, to be recovered by ac-
tion of debt in any court proper to try the same, one moiety to
the use of any person who shall sue for and recover the same, and
the other moiety to the use of the town of Plymouth. [JMarck
2, 1827.]

Chctp, 9o. -A^" -^CT in addition to an Act, entitled " An Act to incorporate the President, Directors

-* and Company of the Globe Bank."

1824 ch 36

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Increase of cap- the same. That the President, Directors and Company of the
itai stock. Globe Bank be, and hereby are authorized to increase their pres-

ent capital stock, by an addition thereto of two hundred and fif-
ty thousand dollars, in shares of one hundred dollars each, which
shall be paid, in such instalments and at such times, as the presi-
dent and directors of said bank may direct and determine : pro-
Proviso. vided, however, that the whole amount shall be paid in, within

one year from the passing of this act.
Additional Sect. 2. Be it further enacted. That the additional stock

tax'^'&c''''^*'' *° aforesaid, shall be subject to the same tax, regulations, restrictions

tax, &.C

Chap. 97.

1825 ch. 52.

Members of fire
department to
produce certifi-
cates of mem-
bership.

and provisions with the present capital stock of said corporation,
by virtue of the act to which this is in addition. [JMarch 2,
1827.] Add. act, 1830 ch. 58.

An Act in addition to an Act entitled " An Act establishing a Fire Department in the
city of Boston."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That every member of the fire department of the city
of Boston, established by the act to which this is in addition,
shall be holden to produce, within thirty days after he shall have
become a member of said department, and annually in the month
of May thereafter, to the commanding ofiicer of the militia com-
pany within whose bounds he may reside, a certificate from the

1826. Chap. 97—98. 533

mayor of said city, stating that he is a member of said fire de-
partment.

Sect. 2. Be it further enacted, That the chief engineer and Engineer's
engineers of said city shall have the same powers and authorities P"^^®""*-
heretofore granted to, and invested in the firevvards of the town
of Boston, by the act entitled " an act regulating the storage, safe- 1816 ch. 26.
keeping and transportation of gunpowder in the town of Boston,"
or by any other act heretofore enacted on that subject. [JWarch
2, 1827.] Add. acts, 1828 ch. 123 : 1831 ch. 52.

An Act to aulliorize towns in tlie county of Franklin to associate together to build an (^hnrt QR
Almshouse for the support of their poor. x *

Sect. 1. BE it enacted hy the Senate and House of Rep-
resentatives., in General Court assembled, and by the author-
ity of the same, That the towns of Greenfield, New Salem, Towns author-
Shutesbury, Leverett, Charlemont, Bernardston, Sunderland, '^'^^ ^° '**^*"'
Whately and Gill, in the county of Franklin, or any two or more „.
of them, together with such other towns in said county as may, ed,ls2Tch%i.]
within one year from the passing of this act, in legal town meet-
ing, vote to unite with them, be, and they are hereby authorized
to associate together, for the purpose of purchasing a farm and
erecting an almshouse for the support and employment of their
poor.

Sect. 2. Be it further enacted, That the towns which shall To purchase
associate as aforesaid, are hereby authorized to purchase and take a^Iifsh"use"'''^
by deed, and hold so much land, and build such almshouse and
other buildings as may be necessary to carry into effect the ob-
ject of their association ; and the expense of such farm and alms-
house and other buildings, and of the support and maintenance of
such poor as may be sent to the same, shall be apportioned upon
and borne by the towns associated for the purposes aforesaid, ac-
cording to their respective valuations in the state tax.

Sect. 3. Be it further enacted, That the towns associated To choose
as aforesaid, may, in the month of March or April, annually, ^^'^"'*'
choose their several agents to act in their behalf in all things re- dicfsen at"any ^
lating to the said almshouse and farm, and in all contracts re- '°^'n meeiinjj,
specting the same, which contracts, when made with the concur-
rence of a majority of the towns associated acting by their agents,
shall be binding upon all the associated towns. And if the office
of an agent, for any town, shall become vacant, it shall be lawful
for such town, at any time in the course of the year, to fill such
vacancy : provided, hoioever, that no town, in any meeting of such Proviso,
agents, shall be entitled to more than one vote.

Sect. 4. Be it further enacted, That the towns so asso- By-laws.
ciated, may, by their agents, make and establish such by-laws,
rules and regulations as may be thought needful for the manage-
ment of said almshouse and farm, and for the support, employ-
ment, and discipline of the poor committed to the same, not in-
consistent with the constitution and laws of this Commonwealth ;
and the said associated towns respectively, may remove such poor
persons as shall become chargeable therein, and having their law-
ful settlement in said towns, and all state paupers found therein.

534 1826. Chap. 98—100.

to the said almshouse, at tlie sole expense of the town removing
such poor, and may, by their agents, appoint a superintendent, or
master of their almshouse, and such other officers as may be
Towns refusing found necessary. And any one of the associated towns refusing
porttoi/ofex-"^" ^° P^X '^s just proportion of any expense incurred in carrying the
pense liable to objects of this association into effect, whenever the same shall
action. have been ascertained and made known to the selectmen of such

town by the master of said almshouse, under the direction of the
agents of a majority of the said towns, shall be liable to an action
for the recovery thereof, in any court proper to try the same.
And the said towns, in their associate capacity, shall be capable
of bringing actions in the name of the master of the almshouse,
and of being sued, and due notice in any suit against the associ-
ated towns served upon the master of said almshouse, shall be
held to be good and sufficient.
First meeting. Sect. 5. Be it further enacted., That Elijah Alvord, Esq.,

is hereby authorized to call the first meeting ol the agents of the
towns that may associate under the provisions of this act, by giv-
ing notice of the time and place of such meeting, in writing, to
the agents of the said towns duly elected, and also by publication
in a newspaper printed in Greenfield, in said county, twenty days
at least before the day appointed for such meeting. [March 3,
1827.] Add. act, 1827 ch. 87.

/^A QQ An Act authorizing the First Parish in West Newbury to dispose of their Parsonage

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives., in General Court assembled., and by the authority of
Authorized to the Same., That the First Parish in West Newbury, be, and here-
fands^"°"^^^ '^y ^^^ authorized to make sale of their parsonage lands, and
buildings : provided, the net proceeds of such sale be invested in
a permanent fund, the interest of which shall be appropriated
towards the support of the gospel in the congregational society in
said parish.
Executionof Sect. 2. Be it further enacted., That the said parish may

conveyance. authorize their clerk, or such other person or persons as the said
parish may appoint, to make sale of the aforesaid parsonage lands
and buildings, and also to make and execute the necessary con-
veyance or conveyances thereof, for, and in the name and behalf
of the said parish. [_March 3, 1827.]

i^iKlf) 1 yjyjm An Act to regulate the fishery in Aggawam or Weslfield River.

1813 ch. 14.7. Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives., in General Court assembled, and by the authority of
takhf.^ "fiTh with ^^c samc, That from and after the passing of this act, any per-
a seine near gon or pcrsons who shall draw a seine, or drag a net within thirty
White's mills. j.^jg ^j. ^,^g jgi^^ ^i. ,.acg.„,ay^ at White's Mills, (so called) on

Aggawam river, in the town of West Springfield, for the purpose
of catching shad, alewives or other fish, shall for each and every
such offence, forfeit and pay the sum of five dollars, and shall also
forfeit the boat and seine employed for such purpose.

Sect. 2. Be it further enacted^ That if any person or

1826. Chap. 100—101. 533

persons shall set any pot, nets, weir or hurdle, within thirty For setting
rods of said dam or race way, for the purpose of taking fish P°'^' ^*^-
of any kind, he or they shall for each and every such offence
severally forfeit and ])ay the sum of five dollars for every twelve
hours said pots, nets, weir or hurdle shall be placed in said river,
and in proportion for a greater or less time.

Sect. 3. Be it further enacted, That if any person or per- For obstructing
sons shall in any other way obstruct the free passage of fish passage of fish,
through said race way, between the fifteenth day of April, and
the first day of June, he shall forfeit and pay for every such of-
fence the sum of five dollars.

Sect. 4. Be it further enacted. That all the fines and for- Recovery of
feitures, incurred by a breach of this act, may be recovered in fi"^^-
an action of debt by any person who shall sue for the same before
any justice of the peace within the county of Hampden.

Sect. 5. Be it further enacted, That all laws heretofore Repeal,
made, regulating the fishery at While's mills, on Aggawam river,
be, and the same are hereby repealed. [^Ma^xh 3, 1827.]

An Act in adcliiion to an Act entitled "An Act to incorporate the Berkshire Medical f^L„^ 1 f\ i
Institution." KyfiapiKJl.

Sect. 1. BE it enacted by the Senate and House of Rep- iS22ch. 43.
resentatives, in General Court assembled, and by the authority of
the same. That the " Trustees of the Berkshire Medical Insti- Trustees au-
tution," be, and they hereby are authorized and empowered to Jah[i'shln°eye'
establish an eye infirmary and general hospital, and to appoint all infirmary and
proper officers, and make, and ordain all rules and by-laws proper §]"j""^' ''°*'
for the government and regulation thereof, and not repugnant to
the laws and constitution of this Cominonwealili.

Sect. 2. Be it further enacted. That the secretary and Secretary and
treasurer of the Berkshire Medical Institution, shall be chosen Measurer,
annually, in the month of April, and shall before entering on the
duties of their respective offices be sworn to the faithful discharge
thereof, and to keep true records and accounts of the doings, re-
ceipts and expenditures of said corporation, which shall be exhib-
ited annually to the said trustees, at the meeting for the choice of
said officers, and the treasurer shall also give bonds to the satis-
faction of the trustees.

Sect. 3. Be it further enacted. That the Berkshire Med- Board of visit-
ical Institution shall have authority, from time to time, to select °''^-
and appoint a board of visitors to said eye infirmary and general
hospital, not exceeding twenty, fifteen of whom shall be from
among the donors for the use of said eye infirmary and hospital,
and any person may be so elected a visitor for life, who shall
have paid for the use of the infirmary and hospital, to the treas-
urer thereof, one hundred dollars, and any person may be so
elected a visitor for a term not exceeding ten years, who shall
have paid for the like use fifiy dollars, and any person may be
so elected a visitor [or] for a term not exceeding five years,
who shall have paid for the like use twenty-five dollars, and each
of the donors so selected as visitor, shall have a right to keep
during the time, for which he is so selected, at said eye infirmary

636

1826..

-Chap. 101—102.

Gratuitous ad-
vice.

Real and per-
sonal estate.

Chap 102.

Persons incor-
porated.

Powers ■and
privileges.

Assessments.

[Tax on pews
lor support of
public worship
repealed, 1834
ch. 105.]

First meeting.

and general hospital, two patients, who shall receive all necessary
medical attendance and advice, free from any charge for the same,
and if any such superintendent shall be a physician, he shall have
a right to attend and witness the practical operations of said eye
infirmary and general hospital.

Sect. 4. Be it further enacted^ That if any two or more
towns in the county of Berkshire, shall hereafter procure a house
for the support and employment of the poor of said towns, which
shall be accepted and approved by said corporation, as suitable
and proper for said purposes, it shall be the duty of said corpo-
ration to furnish to the inmates of said house, poor persons sup-
ported and maintained therein, medical advice and attendance
free from any charge or expense therefor.

Sect. 5. Be it further enacted^ That said corporation be
authorized to hold real estate, not exceeding in value twenty
thousand dollars, and personal estate not exceeding thirty thou-
sand dollars, for the use and benefit of the eye infirmary and gen-
eral hospital, in addition to the funds allowed by the act to which
this is in addition, with power to manage and dispose of the same.
This act shall be always subject to the controul of the Legisla-
ture, and may be at any time altered or repealed. [March 3,
1827.] Add. act, 1837 ch. 143.

An Act to incorporate the Newton and Watertown Universalist Society.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Elijah Adams, Ezra Fuller, Elias Jennison, Ste-
phen W. Trowbridge, Thomas Hastings, their associates and
successors, be, and they hereby are incorporated into a religious
society, by the name of the "Newton and Watertown Univer-
salist Society," with all the powers, privileges and immunities of
other religious societies, agreeably to the constitution and laws
of this Commonwealth.

Sect. 2. Be it further enacted, That said universalist soci-
ety is authorized and empowered, as they shall determine by a
major vote at their March or April meeting annually, to raise
such sum or sums as may be necessary for the support of public
worship, and other incidental expenses, by a tax on their polls
and estates, or on the pews in their house of worship, according
to the appraised value thereof.

Sect. 3. Be it further enacted, That any two of the above
named persons are hereby authorized to call the first meeting of
said society, by posting a notification thereof at their house of
public worship, fourteen days previous to said meeting, for the
purpose of choosing such officers as they shall deem expedient,
and also for the purpose of determining the mode of calling future
meetings. [March 3, 1827.] Add. act, 1834 ch. 105.

1826. Chap. 103. 537

An Act to incorporate certain persons for the purpose of building or repairing a Bridge C'/iflW 1 03.
over Parker River, in tiie town of Newbury, in the county of Essex. 1

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority oj
the same, That David Plummer, Danl. Plumnier, Samuel New- Persons incor-
man, David Dole, Richard Jaques, Enoch Plummer, Joseph P°'''^'^'-
Farley, Samuel Poor, John M. Plummer, William Dole and
Thomas Moody, together with such others as may hereafter as-
sociate with them, their successors and assigns, shall be a corpo-
ration, by the name of the Parker River Bridge Corporation,
and by that name may sue and be sued, to final judgment and Powers,
execution, and may do and suffer all such matters, acts and things,
which bodies politic may and ought to do and suffer, and said
corporation shall have full power and authority to make, have and
use a common seal, and the same to break, alter and renew at
pleasure.

Sect. 2. Be it further enacted. That the said corporation Authorized to
shall be, and are hereby authorized and empowered to repair, ^^^^^1'°^^^
rebuild, or make anew the great bridge over the River Parker,
in the town of Newbury, and county of Essex, at a place for-
merly called and known by the name of " Old Town ferry," and
said bridge shall be well built, or repaired, with good and sufS-
cient materials, and not less than twenty-five feet wide, and of
the same height of the present old bridge, and there shall be not
less than six arches in the whole, amounting to two hundred and
twenty-five feet ; and one of said arches shall be at least forty-
five feet wide, for the convenience and accommodation of the
boating on said river, all of which said arches shall be well cov-
ered with plank, or timber ; and shall always keep up a good and
sufficient railing on said bridge for the safety of passengers ; and
said bridge shall at all titnes be kept in good repair, and when
said bridge shall be so built or repaired, the clerk of the said Clerk to make
proprietors shall make a return into the office of the secretary of returns of ex-

1 • /-i 1 1 r I 1 r 1 -1 1- "^ ■ penditures and

tins Commonweallh, oi the actual expense oi building or repair- receipts,
ing the same ; and at the expiration of fifteen years from the
opening of said bridge for travel, the said clerk shall make a re-
turn to said secretary's office, stating the amount of the receipts,
expenditures, dividends and disbursements during said term.

Sect. 3. Be it further enacted, That for the purpose of
reimbursing said proprietors, the money they may expend in
building, or repairing, and supporting said bridge, they be, and
are hereby authorized and empowered to take and receive, for
passing over said bridge, the following tolls, viz.: for each coach, Tolls.
phaeton, or other four wheeled carriage, drawn by two or more
horses, twenty cents ; for every wagon, drawn by not more than
two horses, ten cents, if by more than two horses, twelve and a
half cents ; for every cart or wagon, drawn by two or four oxen,
ten cents, if by more than four, twelve and a half cents ; for ev-
ery chaise, chair or sulky, drawn by one horse, ten cents ; for
every cart, wagon or truck, drawn by one horse, six cents ; for
every horse and rider, three cents ; for every sleigh or sled,

VOL. VI. 68

538

1826.-

-Chap. 103.

Proviso.

Proviso.

Proviso.

First meeting.

By-laws.

Proviso.

Rates of toll to
be written and
constantly ex-
posed to view.

Proviso.

Right to vote.

drawn by one horse, six cents ; for every sleigh or sled, drawn
by two or more horses or oxen, eight cents ; for all horses, or
mules, or neat cattle, led or driven, one cent each ; for all sheep
or swine, for every dozen, three cents : provided, hou-ever, that
the said proprietors may, if they see cause, cotnmute the rates of
toll, with any person or persons, or with any company, or cor-
poration, by taking of him, or them, a certain sum, to be paid
quarterly, or annually, to be mutually agreed on, in lieu of the
tolls aforesaid : provided, also, that all persons going to, or re-
turning from, public worship, or military duty, be permitted to
pass said bridge free of toll ; and said toll to commence at the
day of the first opening of said bridge, and to continue for the
term of fifty years ; after that time, said bridge shall revert to the
Commonwealth : provided, nevertheless, that the Legislature shall
have a right, at the end of fifteen years from the opening of said
bridge for travel, to regulate anew the tolls to be received for
passing the same.

Sect. 4. Be it further enacted, That any justice of the
peace in and for the county of Essex, on application of any three
of the proprietors, be, and hereby is auth(>rized to call the first
meeting, and the proprietors, at their first meeting, shall elect a
clerk to record the transactions of the corporation, who shall be
sworn to the faithful performance of the duties of his office, and
shall at all times keep a fair record of their doings ; and shall also
choose five directors, one of whom shall be president of the
corporation, and as such be elected by the board of directors,
and also a treasurer, and all other officers that may be necessary ;
the first meeting shall be called by publishing an advertisement
thereof, in some public paper })rinted in Newburyport, at least
twelve days before the time appointed for holding said meeting, at
which, or at any futiu'e meeting, said proprietors may agree upon
the mode of calling future meetings, and may make such rules,
regulations and by-laws, as they may think meet, and may annex
penalties thereto, not exceeding five dollars for any offence :
provided, such rules, regulations and by-laws shall not be repug-
nant to the constitution or laws of this Commonwealth.

Sect. 5. Be it further enacted, That the rates of toll on
said bridge shall be written on a sign-board in large letters, and a
sign-board shall be constantly exposed to view, over or adjoining
the toll-house that may be erected ; and at all times, when the
toll gatherer shall not be attending his duty, the gate shall be left
open for the passage of said bridge free of toll : and provided,
also, that whenever the receipts of toll and income shall have
amounted to a sum equal to the expense of building, or repairing,
and sustaining said bridge, with nine per cent, on the cost, said
bridge shall revert to the Commonwealth for public use.

Sect. 6. Be it further enacted, That every proprietor in the
said bridge, or his agent duly authorized in writing, shall have a
right to vote at all meetings of said corporation, and be entitled
to as many votes as he has shares in the same : provided, however,
that no proprietor shall be entitled to more than ten votes.

1826. Chap. 103—106. 539

Sect. 7. Beit further enacted^ That if said corporation Condition of
shall neglect to repair, rebuild, or make anew said bridge, for ^•"^act.
the space of two years, then this act shall be null and void.
[March 3, 1827.]

An Act in addition to "An Act to unite the towns of Dighton and Wellington, in the Chctp 1 05.
county of Bristol." .„„. , ^^

BE it enacted by the Senate and House of Representatives^
in General Court assembled, and by the authority of the same,
That the towns of Dighton and Wellington shall be and re- [Wellington re-
main distinct corporations, for two months next succeeding the ^^'^|^' ^^-'^ <=''•
twenty-second day of February, one thousand eight hundred and
twenty-seven, for the purpose of adjusting their corporate con-
cerns, and for no other purpose. [March 3, 1827.] Add.
act, 1827 ch. 22.

An Act to divide the South Parish in Andover into two parishes. C^Jwil 1 Ofi

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That that part of the said south parish herein described West parish
be, and hereby is formed into a separate and distinct parish, and described.
shall be called and known by the name of the West Parish in
Andover, and shall be bounded as follows, viz : beginning at a
stake and stones at the line which divides Tewksbury and Ando-
ver, near Aaron Frost's, thence northerly to a hop kiln, near
Lieutenant Peter French's, thence easterly to a white oak tree
marked, standing on land of David Barker, near the road leading
from Holt's bridge to Solomon Holt's, thence northeasterly to
the corner of the road leading from the paper mill to Elijah L.
Herrick's, thence by said road to the bridge over Shaushin river,
near the paper mill, thence down Shaushin river to the line which
divides the north and south parishes of Andover, thence north-
westerly by the north parish line, to Merrimack river, thence up
Merrimack river to Tewksbury line, thence southerly by Tewks-
bury line, to the fiist mentioned bound.

Sect. 2. Be it further enacted, That all the inhabitants, Powers and pri-
within the limits and boundaries aforesaid, shall be considered as ^''®^®*'
belonging to said west parish, and the said parish is hereby in-
vested with all the powers, rights, privileges and immunities with
which other parishes in this Commonwealth are invested.

Sect. 3. Be it further enacted. That nothing contained in Right to minis-
the provisions of this act shall be construed in any respect to im- glrved?"'^ ^'^'
pair or take away the right which the said inhabitants, or any of
them now have either at law, or in equity, to their proportional
part of the ministerial fund of the south parish in Andover afore-
said, or of the interest and income thereof.

Sect. 4. Be it further enacted. That Samuel Merrill, Es- First meeting,
quire, or any other justice of the peace for the county of Essex,
be, and hereby is empowered to issue his warrant to some prin-
cipal inhabitant of said west parish, requiring him to notify and
warn the inhabitants thereof to meet at such time and place as by
said warrant shall be duly specified, and then and there choose

540 1826. Chap. 106—112.

such officers as may be necessary to manage the affairs of said
parish ; and the inhabitants qualified by law to vote, being so as-
sembled, shall be, and hereby are empowered to choose such of-
ficers accordingly. [March 3, 1827.]

ChcLT) 1 08 ^^ ^^"^ '° incorporate the Tufts Manufacturing Company-.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor-; the Same, That Aaron Tufts, John Jewett, Asa Robinson, Jun.,
porated. John M. Pratt, and Harvey Conant, together with such others as

may hereafter associate with them, their successors or assigns, be,
and they are hereby made a corporation, by the name of the Tufts
Manufacturing Company, for the purpose of manufacturing wool-
len and cotton yarn and cloth, and making machinery for said
purposes in the town of Dudley, in the county of Worcester, and
Powers and du- for this purpose, shall have all the powers and privileges, and be
ties. subject to all the duties and requirements, prescribed and con-

tained in an act, passed the third day of March, in the year of
1808 ch. 65. our Lord eighteen hundred and nine, entitled " an act defining
the general powers and duties of manufacturing corporations," and
the several acts in addition thereto.
Real and per- Sect. 2. Be it further enacted, That the said Tufts Man-
sonai estate. ufacturing Company, in their corporate capacity, may lawfully
hold and possess such real and personal estate as may be neces-
sary and convenient for carrying on said manufactures : provided,
the value of such real estate shall not exceed one hundred thou-
sand dollars, and the value of such personal estate shall not exceed
one hundred thousand dollars. [March 3, 1S27.]

r^h nrn 111 An Act in addition to the Act entitled "An Act concerning the House of Industry in the
Kytiap 111. city of Boston."

1822 ch. 56. j^^ -^ g,jf^(;^g^ ly ij^f. Senate and House of Representatives, in

General Court assembled, and by the authority of the same,
Directors em- That the directors of the house of industry, in the city of Bos-
powered to bind ton, shall have and exercise all the powers, and perform all the du-
out children. ^.^^ relative to paupers, and the binding out of children and other
persons committed to said house of industry for support, as the
overseers of the poor of the several towns in this Commonwealth
now have and exercise, in relation to paupers and the binding out
of children, and other persons, under and by virtue of the several
laws of this Commonwealth ; and all acts of said directors shall
impose the same duties, liabilities and obligations, on all judicial
tribunals, on the city of Boston aforesaid, and on the several
towns and individuals of this Commonwealth, as the same acts
would impose, if done and performed in the same manner by the
overseers of the poor of the several towns in this Commonwealth.
[March 5, 1827.] Add. act, 1833 ch. 126.

rih 1 10 An Act to incorporate the Trustees of the Methodist Episcopal Church in Newbury
iyflCtp \iZ, and Newburyport.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John Adams, and Benjamin Brown, of New-

1826. Chap. 112. 541

buryport ; Cutting Pettlngale, Josiah P. Noyes and John Thur- Persons incor-

lo, of Newbury ; and KJias Fiench and Caleb Pike of Salisbury, poratcd.

all in the county of Essex, be, and they hereby are constituted a

body corporate and politic by the name of the Trustees of the

Methodist Episcopal Church in Newbury and Newburyport, for

the promotion of piety, religion and morality ; and they, and their

successors shall be and continue a body politic and corporate by

that name forever ; and they shall have a common seal, subject to General pow-

be altered at their pleasure, and they may sue and be sued in all <^'"s-

actions, real, personal and mixed, and may prosecute and defend

the same to final judgment and execution, by the name aforesaid.

Sect. 2. Be it further enacted, That the aforesaid trustees. Election of
and their successors shall and may annually elect a president, and ° '^*^'"*"
a secretary to record the doings and transactions of the trustees,
and a treasurer to receive and apply the monies or property here-
in after mentioned, as herein afier directed, and any other officer
that may be necessary for the managing of their business ; and
they may make rules, regulations and by-laws, not repugnant to
the constitution or laws of this Commonwealth.

Sect. 3. Beit further enacted, That the number of trustees Numberof
shall not at any time be more than nine nor less than five, a ma- ^'■"^^'^^^•
jority of whom shall constitute a quorum for transacting business ;
and they may and shall, from time to time, fill up vacancies in Vacancies,
their number which may happen by death, resignation, or other-
wise, as herein after provided ; and such trustees shall annually
hold a meeting in March or April, and at such other times as may
be necessary, which meetings, after the first, shall be called in
such way and manner as the trustees aforesaid shall hereafter
direct.

Sect. 4. Beit further enacted, That the aforesaid trustees, Property of
and their successors are hereby made capable in law to possess ^- ^' ^''"''<=''-
and hold all the property, both real and personal, belonging to the
Methodist Episcopal Church in Newbury and Newburyport, in
trust forever, for the use and benefit of the members, for the sole
purpose of promoting the public worship of Almighty God, ac-
cording to the doctrines and discipline of said church, and in fur-
ther trust and confidence that whenever one or more of said
trustees shall die, or, from any cause, cease to be a member or
members of said corporation, then, and in that case the vacancy
shall be supplied according to the direction given in the disci-
pline of said church.

Sect. 5. Be it further enacted, That any gift, grant, be- Real and per-
quest or devise made, or that hereafter may be made, to the said *°"^' estate,
trustees or their successors, shall be valid and effectual to all in-
tents and purposes whatever ; and they are hereby empowered
to hold real and personal estate, the annual income of which shall
not exceed two thousand dollars : provided, that the entire in- Proviso,
come be strictly appropriated to promote the objects of this cor-
poration, and also that the gifts, grants, or donations be faithfully
applied according to the real intent of the donor.

Sect. 6. Be it further enacted, That all deeds and in- Deeds, &c.

542

1826.-

-Chap. 112—115.

Corporation
vested with the
powers granted
by 1793 ch. 44.
(v. l.p.490.)

First meetins:.

ChapU3.

1822 ch. 48.

1823 ch. 46.

Name altered.

struments which the said trustees may lawfully make in their said
capacity, shall, when made in their name, and signed and sealed
with their corporate seal, and delivered by them, be binding on
said trustees, and their successors, and valid in law.

Sect. 7. Be it further enacted^ That said corporation be,
and they hereby are vested with all the powers, rights and privi-
leges granted to other religious corporations in Newburyport, by
the act passed in the year one thousand seven hundred and nine-
ty-four, entitled " an act for incorporating the several religious
societies in Newburyport, in the county of Essex," and to the
several powers and privileges conferred on other religious socie-
ties in this Commonwealth by the acts in relation thereto.

Sect. 8. Be it further enacted, That Elias French, before
named, be, and he is hereby authorized to appoint the time and
place for holding the first meeting of said trustees and to notify
them thereof.

Sect. 9. Be it further enacted, That the Legislature may
alter, amend, or repeal this act at pleasure. [JMarch 5, 1827.]

An Act in addition to aa Act to incorporate the Boston and Springfield Manufacturing

Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That the Boston and Springfield Manufacturing Com-
pany shall, from and after the first day of July next, be known and
called by the name of the Chickapee Manufacturing Company ;
and by that name be subject to all the liabilities and duties, and
be vested with all the rights, privileges and property of the said
Boston and Springfield Manufacturing Company.

Sect. 2. Be it further enacted. That the said company,
shall, in addition to powers heretofore granted, have power to
manufacture woollen goods, to make and sell machinery, and
carry on a bleachery in all its branches. [JMarch 5, 1827.]

Cy/ld'pWo, All Act to incorporate the Trustees of the Ministerial Fund of the Congregational
■^ Union Society, in Amherst.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Oliver Dickinson, Daniel Russell, -Jr., Chester
Dickinson, Jonathan Smith, Daniel Dickinson, Jonathan Cowles,
Henry Weeks, and their successors, be, and they hereby are
constituted a body politic and corporate, by the name of the
Trustees of the Ministerial Fund of the Congregational Union
Society in Amherst, and by that name may sue and be sued,
plead and be impleaded, and have a common seal, and shall pos-
sess and enjoy all such other powers and privileges, as are inci-
dent to corporations of a like nature.

Sect. 2. Be it further enacted. That the said trustees shall
have power to take into their hands and possession, all such sub-
scriptions, donations, grants, bequests, and devises, as may have
been heretofore made, or may hereafter be made, for the purpose
of constituting a ministerial fund, for the use and benefit of said
society, the annual income of which shall not exceed the sum of

Further power
granted.

Persons incor
porated.

[Name chang-
ed, 1830 ch.
107.]

Powers and pri-
vileges.

Ministerial
fund.

1826. Chap. 115. 543

twelve hundred dollars, and the same to manage and put on inter-
est, and to apply the income and interest thereof annually, for
the support of the minister of said society, forever : provided, Proviso,
that such appropriation shall be conformable to the express con-
dition annexed to such subscriptions, donations, grants, bequests,
and devises, as already have been or may hereafter be made to
said society, for the purpose aforesaid.

Sect. 3. Be it further enacted, That the number of trus- Number of trus-
tees shall never be more than seven, that whenever any vacancy ^^^^'
shall occur the same shall be filled by said society, at any regu-
lar meeting for that purpose called. That the said trustees shall Records,
keep a fair record of all their proceedings, which shall be open
at all times to the inspection of the donors and their heirs, and
any committee, which may be appointed by said society, to in-
spect the same.

Sect. 4. Be it further enacted, That said trustees shall clerk and
annually appoint a clerk, and treasurer, that the clerk shall be a ifeasurer.
member of said society, and shall be sworn to the faithful per-
formance of the duties of said office, shall have the care and cus-
tody of all papers and documents belonging to said trustees,
excepting those the care and custody of which are herein after
given to the treasurer, and shall carefully and fairly record all
their votes and proceedings in a book to be kept for that purpose,
and shall certify the same when thereunto required, and shall call
meetings as directed by vote of said trustees, and do whatever
else may be incident to his office ; and said clerk shall deliver up
to his successor in office, as soon as may be, all the papers, rec-
ords and documents in his hands, in good order and condition,
and if he shall neglect so to do for thirty days next after such suc-
cessor shall be duly appointed, he shall forfeit and pay to the use of
said society, the sum of fifty dollars, and the further sum of thirty
dollars per month, for such neglect afterwards ; and the treasurer
shall be a member of said society, shall give bond to said trustees
and their successors, with sufficient sureties, in such penal sum
as they shall require, with condition to do and perform all the
duties incumbent on him as treasurer, and he shall be the receiver
of all monies and effects due, owing and coming to them, and
may demand, sue for, and recover the same in their name, unless
prohibited by them ; and he shall have the care and custody of
the monies and effects, obligations, and securities for the payment
of money, or other things, and evidences of property, belonging
to said trustees, and be accountable to them therefor, and shall
dispose of the same as they shall order and direct, and shall ren-
der an account of his doings, and exhibit a fair and regular state-
ment of the property and evidences of property in his hands, and
the same shall be kept on the files of the clerk of said trustees,
and he shall deliver up to his successor in office, as soon as may
be, all the books and papers, property and evidences of property
in his hands, in good order and condition, and if he shall fail to
deliver the same as aforesaid, for the space of ten days next after
such successor in his said office shall be duly chosen, he shall

544

1826.-

-Chap. 115.

Statement of
funds, and re-
port of trustees

Jiy-laws.

Mismnnage-
mentof the fund

Vacancies.

forfeit and pay to the use of said society, the sum of fifty dollars,
and a further sum of thirty dollars per month, for such failure or
neglect thereafter.

(Sect. 5. Be it further enacted^ That said trustees shall
cause to be recorded and kept in their book of records by their
clerk, a correct statement of the funds and estate in their hands,
wherein shall be particularly designated the nature and amount
of each original grant, donation, devise or bequest ; the period
when made ; the design thereof; the name of the grantor, donor,
devisor, or testator ; and they shall make a report, annually, to
said society, at their annual meeting, to be holden in the month
of March or April, of the state and condition of the funds, with
a specific estimate of what estate they actually hold, and by what
tenure ; what money and efi^ects are due to them, and how they
are secured, and what receipts, and what disbursements have
been by them received, and made by them during the year pre-
ceding the time of making such report.

Sect. 6. Be it further enacted, That said trustees may
make rules, regulations and by-laws, and annex penalties for the
breach thereof, not repugnant to the laws of this Commonwealth ;
may receive real estate by way of gift, devise, or piu'chase, and
alienate the same by good and sufficient deed or deeds.

Sect. 7. Be it further enacted. That in no case shall the
principal of said fund be expended, unless the original terms and
conditions of any particular grant, donation, conveyance, devise,
or bequest, shall require or allow it, and in case said fund shall be
mismanaged, or the income appropriated contrary to this act, or to
the original directions of the grantors, donors, devisors or testators,
said society, or any of the grantors, donors, devisors or testators,
or his or their heirs, or any of them, may have and file a bill in
equity, against the said trustees, or any one or more of them, spe-
cifying as distinctly as may be such mismanagement, misappropri-
ation or neglect, before the supreme judicial court, holden for the
county of Hampshire, and the said court is hereby authorized to
hear and determine the same, and to exercise jurisdiction thereon
according to the rules of proceeding in chancery, and to decree
as equity and good conscience shall require ; each of said trustees
to be responsible for his own acts and not for one another, and
any sum of money awarded or decreed to be paid by any of said
trustees, shall be for the benefit of said fund and be paid over
accordingly ; and a final decree against any one of said trustees
for mismanagement in said office, shall ipso facto be a disqualifi-
cation for his acting as trustee, and vacate his office.

Sect. 8. Be it further enacted, That whenever any of said
trustees shall cease to be a member of said society, his office
shall thereby become vacant, and said vacancy shall be filled as
herein before provided, and whenever, in the judgment of the
majority of said board of trustees, any trustee, by reason of age
or infirmity, shall become disqualified to perform the duties of his
appointment, his office shall be declared vacant, and the vacancy
shall be filled as herein before provided ; and said trustees, their

1826. Chap. 115—120. 645

agents, officers and attornies, shall never receive any compensa-
tion for their services from the proceeds of said fund.

Sect. 9. Be it further enacted, That any justice of the First meeting,
peace for the county of Hampshire, upon the application of any
two or more of said trustees, is hereby authorized and empowered
to issue his warrant, directed to one of the trustees named in this
act, requiring him to notify the first meeting of the said corpora-
tion, to organize the same by the establishment of by-laws, and
the appointment of its officers : provided, also, that this act shall Proviso,
be subject to revision, alteration or repeal, at the pleasure of the
Legislature at any time hereafter. [JVIarch 6, 1827.] Add.
acts, 1827 ch. 11 : 1830 ch. 127.

An Act in further addition to an Act, entitled " An Act to incorporate Stephen Hig Chdll) 118.
giiison and others into a company by the name of the Boston Marine Insurance ■*

Company." 1798 ch. 50.

BE it enacted by the Senate and House of Representatives, isbs ch. 123.
in General Court assembled, and by the authority of the same, (v. 3. p. 384.)
That the said Boston Marine Insurance Company be, and they i8i7ch]4.
hereby are authorized to lay out and invest in a building and out-
houses, to be erected by said corporation, upon their land in said
Boston, for their convenience and accommodation in carrying on
their business, a sum not exceeding thirty thousand dollars of
their stock, in addition to the amount they have already invested
in the purchase of said land. [March 8, 1827.] Add. act,
1827 ch. 41.

An Act to incorporate the Wolf Hill Lead Mine and Manufacturing Company. C^hni) 1 1 Q

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Lewis S. Coryell and Jonathan Parry, and Persons incor-
their associates and successors, be, and they hereby are made a poraied.
corporation, by the name of the Wolf Hill Lead Mine and Man-
ufacturing Company, for the purpose of mining and manufacturing
ores from mines in the town of Southampton, in the county of
Hampshire, and for this purpose shall have all the powers and Powers and du-
privileges, and be subject to all the duties and requirements con- ''^^"
tained in an act passed on the third day of March, in the year of
our Lord one thousand eight hundred and nine, entitled "an act I808ch. 63.
defining the general powers and duties of manufacturing corpora-
tions," and the several acts in addition thereto.

Sect. 2. Be it further enacted. That the capital stock of Capital stock,
said corporation shall not exceed one hundred and fifty thousand
dollars, and they may be lawfully seized and possessed of such
real estate in said Southampton as may be necessary and conve- Real estate.
nient for the purposes aforesaid, not exceeding the value of fifty
thousand dollars. [March 8, 1827.]

An Act in addition to an Act to prevent the destruction of Oysters and other shell fish f^hnn 1 "90 i
in this Commonwealth. l^ftapi^U.!

BE it enacted by the Senate and House of Representatives, c • "i-
in General Court assembled, and by the authority of the same,
That all the provisions, restrictions, and penalties of, and pro-

voL. VI. 69

546

1826.-

-Chap. 120—123.

ceedings directed in, the act to which this is in addition, be, and
the same are hereby extended to the town of Dighton, in the
county of Bristol. [March 8, 1827.]

Chaj) 12S,

Persons incor-
porated.

Powers.

Annual meet-
ings.

Election of of-
ficers.

Quorum.

Vacancies.

Trustees em-
powered to re-
ceive fund.

An Act to incorporate the Trustees of the Ministerial Fund, in the Fifth Parish in
Gloucester.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That John Burns, Solomon Choate, Isaac Dennison,
Nehemiah Knowlton, Jabez R. Gott, George Dennison, John
Gott, William P. Burns, John Wallis, Jabez Rowe, Jr., Thom-
as O. Marshall, Reuben Brooks, Jr., Levi Sanborn, Jr., Solo-
mon Choate, Jr., and Josiah Haskell, Jr., inhabitants of the
Fifth Parish in Gloucester, be, and they hereby are, constituted
a body politic and corporate, by the name of the Trustees of
the Ministerial Fund in the Fifth Parish in Gloucester, and they
and their successors, shall be, and continue a body politic and
corporate, and have perpetual succession, for the due and faith-
ful management of said trust ; and they are hereby vested v.ith
all powers incident to corporations, and subject to the duties and
obligations herein after mentioned.

Sect. 2. Be it further enacted, That the said trustees
shall, in the month of January annually, and at such other times
as may be found necessary for the transaction of their business,
hold meetings in the said parish ; all such meetings to be called
and notified, pursuant to such regulations and by-laws, as may
be agreed upon and established by said trustees. And the said
trustees may and shall at such meetings in January annually,
elect a president, a clerk to record the transactions of the trus-
tees, a treasurer, who shall give such security for the faithful
performance of the duties of his office, as may be required by
the by-laws of said corporation, and such other officers as they
may deem expedient.

Sect. 3. Be it further enacted, That eight trustees may
constitute a quorum for the transaction of business. And the
said trustees shall and may, at a meeting regularly called for that
purpose, fill up any vacancies which may happen in their num-
ber by death, resignation, or removal from the parish, each per-
son, so chosen, to be an inhabitant within and a member of the
said parish, to be chosen by ballot, and to receive the votes of
eight at least of said trustees.

Sect. 4. Be it further enacted. That the trustees aforesaid,
and their successors in office be, and they hereby are invested
with power to demand, recover and receive the subscription or
mutual covenant and agreement of the Rev. David Jewett, John
Burns, John Gott, David Brooks, and others, bearing date the
twenty-ninth day of March, A. D. 1826, and also all the estate,
monies, obligations and securities, belonging to, or which may be
derived from the said subscription, covenant and agreement, the
sums therein subscribed, now amounting to six thousand, three
hundred and ninety-seven dollars, subscribed and given towards

1826. Chap. 123. 547

establishing a permanent fund for the support of the gospel min-
istry in said fifth parish in Gloucester, to hold the same, as
such, for the purposes herein after mentioned. And the said
trustees may and shall receive and hold all other gifts, grants,
bequests and devises, which may hereafter be made for the sup-
port and maintenance of the ministry in said parish, and the
same to use, and improve and appropriate, in such manner as may
be prescribed in such future gifts, grants, bequests and devises :
provided, however, that the said trustees shall not at any time Proviso,
hold property and estate, the annual income of which shall ex-
ceed one thousand dollars.

Sect. 5. Be it further enacted. That the sums already income,howap-
granted and secured by the mutual covenant and agreement afore- P''^*^-
said, shall be held and improved by tlie said trustees ; and the
income and interest arising thereon shall be received and paid
annually by the trustees to the treasurer of the said parish, and
shall be by him paid over to the Rev. David Jevs^ett, as part of
his salary, conformably to the conditions of his settlement in
said parish, so long as he shall continue with them in the minis-
try ; and after he shall cease to be their minister, the interest
arising on said sums shall be annually paid towards the support
of a learned, pious, trinitarian, congregational minister, setded
by the said parish, and during all vacancies of such a minister
settled in said parish, the said trustees shall apply such part of
the interest and income aforesaid, as may be necessary for the
supply of the pulpit, in said parish ; and the surplus if any,
they shall add to the principal of said funds : provided, hoioever. Proviso,
that if any part of the principal or interest of the aforesaid sub-
scriptions, shall be applied to any other than the purposes for
which they have been respectively given, then the said sums sub-
scribed and given in and by the said covenant, shall revert to
the subscribers and donors respectively, in proportion to their
several subscriptions, and be recoverable from the said trustees,
or any other person or persons holding the same, by each one
of the said subscribers, parties to the said covenant, their re-
spective heirs, executors or administrators. And if any part of
such other donations as may hereafter be made to said trustees,
shall be applied, either the principal or the interest thereof, for
any other purposes than those for which they may be respec-
tively given, then such future donation or donations shall in like
manner revert to the respective donors, their heirs, executors
and administrators.

Sect. 6. Be it further enacted. That it shall be the duty Trustees amea-
of the said trustees, and their successors, to use, manage and able for mis-

1 /• 1 1 1 1.1 P ■ conduct.

improve such fund and estate as may be vested m them by vir-
tue of this act, with care and diligence, so as best to promote
the design thereof; and they shall be amenable to said parish for
negligence and misconduct in the management and disposition
thereof. And the inhabitants of said parish may maintain a spe-
cial action of the case against the persons of said trustees, or
against any one of them, as the case may be, for such personal

648

1826.-

■Chap. 123.

Covenant and
statement of the
fund to be re-
corded.

negligence and misconduct, for adequate damages ; and any and
all sums so recovered shall be applied for the benefit of the
fund, and paid to the trustees or their treasurer for the time
being.

Loan of fund. Sect. 7. Be it further enacted, That the said trustees may-
loan the principal of the fund on interest, to be secured by bond
or note with sufficient sureties at the discretion of the trustees
or by mortgage of real estate within the county of Essex, of
double the value of the sum loaned, as collateral security for re-
payment of the sum loaned, with interest thereon annually, till
paid, or they may vest the principal or any part thereof in the
public stocks or banks of this Commonwealth ; and they may
alienate, by good and suiRcient deed or deeds to be executed by
them, or a committee duly chosen by them for that purpose,
any real estate, the title whereof shall be vested in them by way
of mortgage, execution or by operation of law.

Sect. 8. Be it further enacted, That the said trustees
shall cause to be recorded, in a book to be by them kept, the
said mutual covenant and agreement, and also a correct state-
ment of the fund and estate in their hands, wherein shall be par-
ticularly designated, (as far as practicable,) the nature and amount
of each original subscription, gift, grant, devise or bequest, with
such other facts and circumstances as they may think useful and
proper to distinguish the same and perpetuate the remembrance
thereof. And the said trustees shall make report of such state-
ment to the inhabitants of the parish annually, at their meeting
in March or April, and shall exhibit to the said parish their ac-
count with the treasurer of the parish, and the said parish may
at their discretion appoint auditors, not exceeding three in num-
ber, to examine said accounts, and make report to said parish of
the state of the fund, with the receipts and disbursements.

Sect. 9. Be it further enacted, That the trustees aforesaid
be, and they hereby are authorized to adopt such by-laws and
regulations as they may deem necessary and proper for the man-
agement of the aforesaid ministerial fund : provided, the same
shall not be in any way repugnant to the constitution and laws
of this Commonwealth.

Sect. 10. Be it further enacted. That no compensation
shall ever be made to the said trustees or their successors,
from the funds or estate that may be in their hands, or the in-
come thereof, except that such allowance may be made to the
clerk and treasurer thereof, as the board of trustees may from
time to time direct, and the actual expenses necessarily incurred
in the performance of the trust, may likewise be paid by order
of the trustees.

First meeting. Sect. 11. Be it further enacted, That John Burns, Sol-
omon Choate and Isaac Dennison, or any two of them shall
call the first meeting of the said trustees, either in March or
April next, by posting up notifications of the time and place of
such meeting in two public places in the fifth parish in Glouces-

Trustees to
make report an-
nually.

By-laws.

Proviso.

No compensa-
tion to be made
to trustees.

1826. Chap. 123—124. 549

ter aforesaid, at least four days before such meeting ; and such
meeting may be adjourned from time to time for the purpose of
choosing officers, making by-laws, and transacting any other bu-
siness relating to said corporation. [March 9, 1827.]

An Act lo incorporate the Minister, Wardens, Vestry and Proprietors of St. John's /^^/^^^lOA
Church in Sulion. ^UUJJ 1 Z^.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Daniel L. B. Goodwin, David Wilkinson, Am- persons incor-
asa Roberts, William Newhall, Harvy Hartshorn, Sylvanus po'ated.
Holbrook, Abraham Chase, John Dudley, Silas Chase, Austin
Holbrook, Joshua Armsby, Joshua W. Leland and Samuel
Wood, together with such others as have associated, or may
hereafter associate with them, and their successors, with their
polls and estates, be and they are hereby incorporated into a
society or body politic, by the name of the Minister, Wardens,
Vestry and Proprietors of St. John's Church in Sutton, with
all the powers and privileges, and subject to all the duties and Powers and pri-
restrictions of other religious societies, according to the consti- vileges.
tution and laws of this Commonwealth, and the rights and usa-
ges of the Protestant Episcopal Church in the United States of
America, and may purchase, receive by gift, or otherwise, and
hold, real or personal estate the value of which shall not exceed Estate,
thirty thousand dollars, for the purpose of building a church, and
supporting public worship therein ; may have and use a com-
mon seal, and the same alter at pleasure, at any legal meeting
of the society ; and may ordain and establish such by-laws and By-laws,
regulations as to them seem necessary and convenient, for the
government of said society, and the management of their minis-
terial and parochial funds : provided, such by-laws and regula- proviso,
tions shall in no wise be contrary to the constitution and laws of
this Commonwealth.

Sect. 2. Be it further enacted, That the annual meeting Annual meet-
of said society, shall be holden on Easter Monday, at such hour *"°-
and place, as the wardens and vestry shall notify and appoint ;
and at such annual meeting or meetings, or at some adjourn-
ment thereof, the members of said society shall choose two choice of of-
wardens, not less than five nor more than nine vestrymen, of ^<^^^^-
whom the minister of said society for the time being shall con-
stitute one, and ex officio be moderator, a treasurer, clerk, and
other necessary officers, for the management of the affairs of
said society, who shall' continue in office one year and until oth-
ers are chosen and qualified in their stead ; also the annual
taxes and assessments of the society shall and may be voted
and granted, the manner of calling and notifying meetings of
said society, and the duties and authorities of the wardens and
vestry, and other officers of the society, and the manner in which
vacancies happening by death, resignation or otherwise shall be
supplied, shall and may be agreed upon and determined by said
society.

550

1826.-

■Chap. 124.

Donations.

Treasurer to
give bond; &c.

Deeds.

Assessments.

Pews of delin-
quents may be
sold.

Right of voting

Sect. 3. Be it further enacted^ That all gifts, grants or
monies received by said society shall be under the direction of
the wardens and vestry for the time being, agreeably to the usa-
ges of the said episcopal church.

Sect. 4. Be it further enacted^ That the treasurer of said
society shall give bond vvidi sureties to the satisfaction of the
wardens and vestry for the faithful performance of his duties, in
such penal sum as the said wardens and vestry shall determine,
and shall receive all monies, subscriptions, donations and secu-
rities for real or personal estate, that may hereafter be given,
raised or subscribed for the use of said society, and shall have
the custody of leases and other written evidence of contracts
and debts due to them, and he shall annually, and whenever
required by the wardens and vestry, exhibit to them, to be sub-
mitted to the society, a detailed account of all monies by him
received and paid, and of the state of the funds of the so-
ciety.

Sect. 5. Be it further enacted. That deeds and conveyan-
ces agreed upon by the society, shall be made and executed by
the treasurer for the time being, to which the seal of the soci-
ety shall be affixed.

Sect. 6. Be it further enacted, That the said society, at
any annual meeting, or adjournment thereof, be, and hereby are
empowered and authorized, to assess and levy upon the pews of
the church about to be erected, such sum or sums of money as may
be necessary to pay the salary of the minister, and defraying
such other expenses, as the said society may incur, by reason
of any repairs or additions to said church, or in support of the
public worship of God, according to the principles, rights, and
usages of the protestant episcopal church ; and all such sums of
money as shall be assessed or paid by virtue of this act, shall
be apportioned according to a valuation thereof, made by a com-
mittee appointed by the said society for that purpose, and record-
ed in the clerk's book of the society.

Sect. 7. Be it further enacted, That if the owner or own-
ers of any pew or pews in said church shall neglect or refuse to
pay such sum or sums, as may be assessed on such pew or pews,
six months after notice of such assessment, the said society are
hereby authorized to sell sucli pew or pews at public auction, by
giving three weeks previous notice of the time and place of sale
in one of the newspapers published in the county of Worces-
ter, and the money arising from such sale, after first deducting
the assessment due on such pew or pews, and the expenses of
sale and collection, shall be lodged in the hands of the treasurer
of said society, to be paid by him to such delinquent owner or
owners on demand.

Sect. 8. Be it further enacted, That any person, who shall
become owner of any pew or pews in said church, shall be
deemed and become a member of said society, and at all meet-
ings of said society, any member or members thereof, being
owners of a pew or pews aforesaid, shall be entitled to as many

1826. Chap. 124—125. 551

votes as the number of pews he or they shall own in said society,
and no more ; and every other person who may become a mem-
ber of said society, agreeably to the provisions of law, and is not
at the same time the owner of a pew as aforesaid, shall be entitled
to one vote only.

Sect. 9. iJe it further enacted, That no assessment on the Assessments,
pews of said church, for any of the purposes aforesaid, as men- howvahd.
tioned in the sixth section of this act, shall be valid or binding,
unless two thirds of the votes of all the pew proprietors in said
church shall be in favour of such assessment, allowing one vote
to every pew, and any owner or owners of a pew or pews as
aforesaid, shall, at all meetings of said society, be allowed to vote
by proxy.

Sect. 10. Be it further enacted, That all deeds of pews in Deeds of pews,
the church, which may be executed by the said society, shall be ^'°"^ recorded,
recorded, within three months after the same are executed, in the
books of the clerk of said society, and need not be recorded in
the office of the town clerk or register of deeds in the county.

Sect. 11. Be it further enacted. That any justice of the First meeting,
peace for the county of Worcester is hereby authorized, upon
application of either of the persons named in this act, to issue
his warrant, requiring such person applying aforesaid to notify a
meeting of the members of said society, at such convenient time
and place as shall be appointed in said warrant, for the election
of such officers, and transacting such other business as may be
necessary for the due organization of said society.

Sect. 12. Be it further enacted, That this act may be Legislative
altered, amended, or repealed, at any time hereafter, at the plea- *=°"^°-
sure of the Legislature. [March 10, 1827.]

An Act in addition to an Act, entitled " An Act to incorporate the President, Direc- (JJidjj 125.
tors and Company of the Fall River Bank." •*

Sect. 1. BE it enacted by the Senate and House of Repre- ^^^4 eh. 135.
sentatives, in General Court assembled, and by the authority
of the same. That the President, Directors and Company of the Capital stock
Fall River Bank be, and they hereby are authorized and empow- increased.
ered to increase their present capital stock, by an addition of one
hundred thousand dollars thereto, in shares of one hundred dollars
each, which shall be paid in, in gold and silver, in such instal-
ments, and at such times, and shall be so disposed of, as a ma-
jority of stockholders, at any legal meeting, may direct and
determine : provided, hoicever, that the whole amount thereof proviso,
shall be paid in, within one year from the passing of this act.

Sect. 2. Be it further enacted, That the additional stock Additional
aforesaid shall be sulDJect to the like tax, regulations, restrictions stock habie to
and provisions as the capital stock ot said corporation is now lia-
ble to by virtue of the act to which this is in addition. [March
10, 1827.] Add. acts, 1830 ch. 58, 89 : 1836 ch. 91.

552

1826.-

■Chap. 126^128.

Chapne.

Persons incor-
porated.

Powers.

Real estate.

First meetins

Legislative
control.

An Act to establish the Ware Village Meeting-house Corporation.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Homer Bartlett, Joel Rice, Samuel Phelps,
Alpheus Demond and William Paige, with such others as here-
after may be associated with them, and their successors, be, and
they hereby are made a body politic, by the name of "tlie Ware
Village Meeting-house Corporation," and by that name may
sue and be sued, have a common seal, and the same alter at
pleasure, and may make and ordain such rules and regulations as
are not contrary to the constitution and laws of this Common-
wealth, and to choose such officers as the good management of
said body corporate may at all times require.

Sect. 2. Be it further enacted, That the said corporation
is authorized to have, hold and possess real estate in the town of
Ware, not exceeding in value the sum of ten thousand dollars.

Sect. 3. Be it further enacted. That the first meeting of
said corporation shall be convened by a warrant to be issued by
any justice of the peace for the county of Hampshire, directed
to any member of said corporation, requiring him to notify the
members of said corporation to meet, at a suitable time and place,
to be appointed in said warrant.

Sect. 4. Be it further enacted. That this act may be alter-
ed, amended or repealed, at the discretion of the Legislature.
IMarch 10, 1827.]

Chap \27.

1821 ch. 43.

Capital stock
increased.

Proviso.

Additional
stock liable to
tax, &c.

Chapns.

Persons incor-
porated.

An Act increasing the capital slock of the Franklin Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That the Franklin Bank be, and hereby are au-
thorized to increase their |)resent capital stock, by an addition
thereto of fifty thousand dollars, in shares of one hundred dollars
each, which shall be paid in, in such instalments, and at such
times, and shall be so disposed of, as a majority of the stock-
holders, at any legal meeting, may direct and determine : pro-
vided, however, that the whole amount thereof shall be paid in
within one year from the passing of this act.

Sect. 2. Be it further enacted, That the additional stock
aforesaid shall be subject to the like tax, regulations, restrictions
and provisions, as the capital stock of said corporation is now
liable to by virtue of this act. [the act to which this is in addi-
tion.] [March 10, 1827.] Add. acts, 1830 ch. 58, 105 :
1833 ch. 159.

An Act to incorporate the Trustees of the Methodist Episcopal Society in Weymouth.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Alvah Raymond, William Rice, Urban Rice,
Nathaniel Ford, Joseph Dunbar, Cotton Bates and Stephen
French, Jun., all of Weymouth, in the county of Xorfolk, be,
and they are hereby constituted a body corporate and politic, by
the name of the Trustees of the Methodist Episcopal Church in

1826. Chap. 128. 553

Weymouth, for the promotion of piety, religion and morality ;

and they and their successors shall be and continue a body politic

and corporate, by that name forever ; and they shall have a com- General powers.

mon seal, subject to be altered at their pleasure, and they may

sue and be sued in all actions, real, personal and mixed, and may

prosecute and defend the same to final judgment and execution,

by the name aforesaid.

Sect. 2. Be it further enacted, That the aforesaid trustees Eieciionofof-
and their successors, shall and may annually elect a president,
Jind a secretary to record the doings and transactions of the trus-
tees, and a treasurer to receive and apply the monies or property
herein after mentioned, as herein after directed ; and any other
officers that may be necessary for the managing of their business ;
and they may make rules, regulations and by-laws, not repugnant
to the constitution and laws of this Commonwealth.

Sect. 3. Be it further enacted, That the number of trustees Number of trus-
shall not, at any time, be more than nine, nor less than five, a *®'^^'
majority of whom shall constitute a quorum for transacting busi-
ness ; and they may and shall, from time to time, fill up vacan-
cies in their number, which may happen by death, resignation,
or otherwise, as herein after provided ; and such trustees shall Annual meet-
annually hold a meeting, in March or April, and at such other "'
times as may be necessary, which meetings, after the first, shall
be called in such way and manner as the trustees aforesaid shall
hereafter direct.

Sect. 4. Be it further enacted, That the aforesaid trustees. Trustees made
and their successors, are hereby made capable in law to possess <^apabie '° ho'^
and hold all the property, both real and personal, belonging to e. society,
the methodist episcopal society in the town of Weymouth, in
trust forever for the use and benefit of the members, for the sole
purpose of promoting the public worship of Almighty God, and
in further trust and confidence that whenever one or more of said
trustees shall die, or from any cause cease to be a member or
members of said corporation, then, and in that case, the vacancy
shall be supplied according to the directions given in the disci-
pline of said church.

Sect. 5. Beit further enacted, That any gift, grant, bequest Donations,
or devise, made, or that hereafter may be made to the said trus-
tees, or their successors, shall be valid and effectual to all intents
and purposes whatever ; and they are hereby empowered to hold
real and personal estate, (the annual income of which shall not
exceed two thousand dollars :) provided, that the entire income proviso.
be strictly appropriated to promote the objects of this corpora-
tion, and also that gifts, grants, or donations be faithfully apphed
according to the real intent of the donor.

Sect. 6. Be it further enacted. That all deeds and instru- Deeds,
ments which the said trustees may lawfully make, in their said ca-
pacity, shall, when made in their name, and signed and sealed
with their corporate seal, and delivered by them, be binding on
said trustees and their successors, and valid in law.

VOL. VI. 70

554

1826.-

■Chap. 128—129.

Powers and
privileges.

First meeting.

egis
of.

Chapnd.

Names
changed.

Suffolk.

Essex.

Sect. 7. Be it further enacted, That said corporation is
hereby vested with all the powers, rights and privileges granted
to other religious corporations in this Commonwealth, by their
acts in relation thereto.

Sect. 8. Be it further enacted, That Alvah Raymond, be-
fore named, be, and he is hereby authorized to appoint the time
and place for holding the first meeting of said trustees, and to no-
tify them thereof.

Sect. 9. Be it further enacted, That this act may be al-
tered, amended or repealed at the pleasure of the Legislature.
[March 10, 1827.]

An Act to change the names of the several persons therein described.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That from and after the passing of this act, the several persons
herein named, shall be known and called by the names they are
hereby respectively allowed to assume, viz : that Henry Adams,
merchant, may take the name of Henry Fosdic Adams ; that Dan
Aldrich, may take the name of Lyman Dan Aldrich ; that Thomas
Bates, house carpenter, may take the name of Thomas Lathrop
Bates ; that John Blake, may take the name of John Harrison
Blake ; that Nancy Pierce Blanchard, may take the name of Ann
Isabel Blanchard ; that William H. Blanchard, may take the
name of Henry Conyngham de Boies ; that James Carney, may
take the name of James George Carney ; that Alvar Carter, may
take the name of James Wilder Carter ; that Charles Coolidge,
may take the name of Charles Leonard Coolidge ; that Mary
Crooker, may take the name of Mary Young, and that her son,
Charles Turner Crooker, may take the name of Charles Turner
Young ; that Hatch Little, may take the name of Henry Hatch
Little ; that Henry Jones, may take the name of Henry Augus-
tus Jones ; that John Godfrey Schwab, may take the name of
John Godfrey Stanville ; that Enoch Silsby, Jr., may take the
name of George Enoch Silsby ; that George Thomas, may take
the name of George Priest Thomas ; that Hugh Welsh, may
take the name of Henry Welsh ; that George West, may take the
name of George Frederick West ; that Albert Judd, may take
the name of Albert Judd Wright ; that Gardner Chandler may
take the name of his father, Gardner Leonard Chandler ; that
Rufus Slillman Dodge, may take name of Stillman Dodge — all
of the city of Boston, in the county of Suffolk ; that George
Archer, the third, may take the name of George Beckford
Archer ; that Edward Brooks, may take the name of Edward
Howes Brooks ; that Caroline Augusta Abbot, may take the
name of Caroline Abbot Putnam ; that David Putnam Abbot,
may take the name of David Abbot Putnam ; that Sarah Put-
nam Abbot, may take the name of Sarah Abbot Putnam ; that
Enoch Morris, may take the name of William Micklefield ; that
John Prince, the fourth, merchant, may take the name of John
G. Prince ; that Samuel Knap, may take the name of Samuel
Hooper Knap ; that Andrew Morgan, Jr., may take the name

1826. Chap. 129. 555

of Andrew Winslow Morgan — all of Salem ; that Harriet Church
Dodge, of Hamilton, may take the name of Phebe Ann Blanch-
ard Faulkner ; that Caroline Norlhend, of Newbury, may take
the name of Caroline Soffrodini ; that Henry Perkins, of New-
buryport, may take the name of Henry Coit Perkins ; that Wil-
liam Henry Jennis, of Rowley, may take the name of William
Henry Kendall ; that Ezra Worihen Gale, of Amesbury, may
take the name of Ezra Worthen — all of the county of Essex ;
that Baxter B. Alcock, of Woburn, may take the name of Bax- Middlesex.
ter B. Otis ; that Alvar Alcock, of Maiden, may take the name
of Alvar Otis ; that Mellen Chamberlain, of Hopkinton, may
take the name of Henry Mellen Chamberlain ; that Ben Dix, of
Groton, may take the name of Benjamin Perkins Dix ; that Cal-
vin Dodge, of Groton, may take the name of Ira Thayer; that
Phebe Rice Monson, of Framingham, may take the name of Su-
san Fiske Monson ; that William Mellen, of Sherburne, may take
the name of William Henry Mellen — all of the county of Middle-
sex ; that Eunice Britton, of Western, may take the name of Worcester.
Eunice Allen ; that Mary B. Cole, of Millbury, may take the
name of Mary Ann Burnap ; that James McQuin, of Leicester,
may take the name of James Jackson ; that Josiah Whitcomb,
Jr., of Leominster, may take the name of Alanson Josiah Whit-
comb— all of the county of Worcester ; that Vestus Haley, of Hampden.
Russell, may take the name of Vestus Parks ; that Charles Oli-
ver Cyrus Chapin, of Springfield, may take the name of Charles
Chapin ; that Pierpont Edwards Bottom, of Monson, may take
the name of Pierpont Edwards Bates Botham — all of the county of
Hampden ; that Sylvanus White, of Chesterfield, in the county Hampshire.
of Hampshire, may take the name of William Foote White ;
that Jane Strong, of Greenfield, in the county of Franklin, may Franklin.
take the name of Mary Jane Strong ; that Homer O'Brian, of Berkshire.
Great Barrington, may take the name of John Homer O'Brian ;
that Sarah Elizabeth Seymour, may take the name of Lucretia
Elizabeth Newton ; that Edward Newton Seymour, may take the
name of Edward Seymour Newton, both of Pittsfield ; that Eg-
bert French, of Great Barrington, may take the name of Henry
Kirke Williams — all of the county of Berkshire ; that Sarah Norfolk.
Chase, of Roxbury, in the county of Norfolk, may take the name
of Sarah Ann Chase ; that Abby Green Norton, may take the Duke's County,
name of Abby Adlington ; that Edmund Green Norton, may
take the name of Edmund Green Adlington ; that Timothy
Green Norton, may take the name of Timothy Green Adling-
ton ; that Henry Osborn Norton, may take the name of Henry
Osborn Adlington — all of Edgartown, in the county of Dukes'
County ; and the several persons herein named shall hereafter be
called and known by the names which, by this act, they are re-
spectively allowed to assume as aforesaid, and the same shall be
considered as their only proper and legal names. [March JO,
1827.]

556

1826..

■Chap. 130.

Chap 130.

Persons incor-
porated.

Powers cind
privileges.

Investment of
funds.

Appropriation
of income.

Parish to have
visitatorial pow-
er anil appoint a
committee to in-
spect the doings
of the trustees.

An Act to establish a Ministerial Fund for the support of the gospel ministry in the
First Parish in the town of Medford.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Jonathan Brooks, Nathaniel Hale, Tuiill Tufts,
Dudley Hale, Nathan Adams, John Sy mines, Jr., and Jona-
than Porter, and their successors, never however to exceed
seven at any one time, which shall form their regular number, be,
and they hereby are incorporated into a body politic, by the name
of " The Trustees of the Congregational Ministerial Fund for
the First Parish in the town of Medford," and by that name
may have perpetual succession ; a common seal ; sue and be
sued, plead and be impleaded, receive estates, real and personal,
by gift, grant, subscription, devise, bequest, or in any other way,
the annual income whereof shall never exceed the sum of one
thousand dollars ; choose their own officers, and define their sev-
eral powers and duties, and in general enjoy all the legal rights,
and be subjected to all the legal liabilities which belong to corpo-
rations of a similar character.

Sect. 2. Be it further enacted. That said corporation shall
invest all the property, which it shall receive as aforesaid, so that
the real estates may yield a fair rent or income, and the whole
capital be on interest with ample security for payment ; that it
shall continually reinvest or add to the capital, all the rents, in-
come, and interest accruing from said property, until the same
amount to three hundred dollars annually ; that it shall then ap-
propriate two hundred dollars thereof, annually, towards the pay-
ment of the salary of the regularly settled congregational minister
of the first parish in the tow n of Medford ; that it shall again re-
invest and continually add to the capital all the residue of said
rents, income, and interest, until the whole amount thereof be
four hundred dollars annually ; that it shall then appropriate annu-
ally, three hundred dollars thereof towards the payment of said
salary, and reinvest and add to the capital all the residue,
and so on ; always increasing said annual appropriations towards
said salary one hundred dollars, when said rents, income, and in-
terest shall have increased one hundred dollars annually, until said
appropriations shall have become one thousand dollars annually,
at which time the increase thereof shall cease, this being the full
annual amount, which the minister is ever to receive from said
fund.

Sect. 3. Be it further enacted, That the oversight or vis-
itorial power over this corporation shall belong to said first par-
ish ; that they may, at either of their regular annual meetings, ap-
point a committee, consisting of three at least, to look into the
doings of the trustees, who shall keep books of records thereof,
always open to them for that purpose ; that this committee may
fill all vacancies which occur at that board by death, resignation,
or otherwise, remove any members therefrom who shall act ille-
gally or remissly in office, or become in any way disqualified
therefor ; and if they shall neglect to fill up these vacancies, for

1826. Chap. 130—131. 557

the space of three months after they occur, the corporation may
itself do it ; that they shall receive from said corporation, and pay
over to the minister, the appropriations aforesaid, as they arise ;
and if the whole amount of said rents, income and interest shall
ever be more than one thousand dollars annually, the surplus
thereof they may receive, and shall appropriate towards the im-
provement of clun'ch music in said parish, or they may apply it
to other parochial charges, if they shall think proper : provided^ Provisos.
hotcever, that the corporation shall never pay over to said com-
mittee, nor to said parish any one of the appropriations above
mentioned, until they know that the appropriations, which they
have before paid over for the minister, have been actually re-
ceived by him : and provided, also, that it shall not be in the
power of said corporation and parish, or either of them, in any
way, to apply said proceeds, or said rents, income and interest, or
any part thereof, to the support of any other than a regularly or-
dained and settled congregational minister ; and if the corporation
and parish shall ever thus illegally appropriate the same design-
edly, the whole property constituting the fund, and all the estates,
real and personal, belonging thereto, together with the rents, in-
come and interest which may have been added to them, shall re-
vert to and become again the property of the original donors, or
their heirs, to be divided between them in fair proportions ; and
during the times when there is no such minister settled in said
parish, the corporation shall reinvest and add to the capital all the
rents, income and interest in the manner before described.

Sect. 4. Be it further enacted, That the provisions of this Lcgislaiive con-
act may be amended or repealed at the pleasure of any future ^'"°'-
Legislature. [March 10, 1827.]

An Act fo incorporate the President, Directors and Company of the Mechanics and /^/, ^/n 1 Q1
Traders Bank. OAiOp 1 O J .

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That David Robbins, Joseph Cloutman, Thomas Persons incor-
Needham, William Foye, Perley Putnam, William Ropes, Jun- poi'ated.
ior, their associates, successors and assigns, be, and they hereby
are, created a corporation, by the name of the President, Directors
and Company of the Mechanics and Traders Bank, and shall so
continue, from the passage of this act, until the first Monday of
October, which will be in the year of our Lora, one thousand
eight hundred and thirty-one ; and the said corporation shall al- powers and du-
ways be subject to the rules, restrictions, limitations, taxes and *'^*-
provisions, and be entitled to the same rights, privileges and im-
munities which are contained in an act, entitled " an act to in- isiich. 84.
corporate the president, directors and company of the State
Bank," except in so far as the same are modified or altered by
this act, as fully and effectually as if the several sections of the
said act were herein specially recited and enacted : provided. Proviso.
however, that the amount of bills issued from said bank, at any
one time, shall not exceed the amount of capital stock actually
paid in.

558

1826.-

-Chap. 131.

Capital stock.

Shares, and the
payment there-
of.

[*Time extend-
ed, 1827 eh.
112.]

Real estate.

Proviso.

Inspection and
return of capi-
tal.

Location and
number of di-
rectors.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of the sum of two hundred thousand
dollars in gold and silver, to be, besides such part as this Com-
monwealth may subscribe in the manner hereafter mentioned, di-
vided into shares of one hundred dollars each, which shall be paid
in at such times as the stockholders may direct, fifty per centum
however to be paid in on or before the first day of .July next, and
the residue within one year from the passing of this act ; * and
no dividend shall be declared on the capital stock of said bank,
until the whole of said stock shall have been paid in conformably
to the provisions of this act ; and the stockholders, at their first
meeting, shall, by a majority of votes, determine the mode of
transferring and disposing of said stock and the profits thereof,
which being entered in the books of said corporation, shall be
binding on the stockholders, their successors and assigns, until
they shall otherwise determine ; and the said corporation are
hereby made capable in law to have, hold, purchase, receive,
possess, enjoy, and retain to them, their successors and as-
signs, lands, tenements and hereditaments, to the amount of
twenty thousand dollars, and no more at any one time, with
power to bargain, sell, dispose and convey the same by deed, un-
der the seal of said corporation, and signed by the president, or
two of the directors ; and to loan and negociate their monies and
effects, by discounting on banking principles, on such securities
as they may think advisable : provided, however, that nothing
herein contained shall restrain or prevent said corporation from
taking and holding real estate in mortgage, or on execution, to
any amount, as security for, or in payment of any debts due to
the said corporation : and provided, further, that no monies shall
be loaned, or discounts made, nor shall any bills or promissory
note? be issued from said bank, until the capital stock subscribed
and actually paid in, and existing in gold and silver, in the vaults,
shall amount to fifty thousand dollars, nor until said capital stock
actually in said vaults shall have been inspected and examined by
three commissioners, to be appointed by the governor for that
purpose, whose duty it shall be, at the expense of the corpora-
tion, to examine the monies actually existing in said vaults, and
to ascertain, by the oath of the directors of said bank, or a ma-
jority of them, that said capital stock hath been bona fide paid in
by the stockholders of said bank, and towards payment of their
respective shares, and not for any other purpose, and that it is
intended therein to remain as a part of said capital, and to return
a certificate thereof to the governor ; and no stockholder shall be
allowed to borrow any money of said bank, until he shall have
paid in his full proportion of the whole of said capital stock, as
herein before provided and required.

Sect. 3. Be it further enacted. That the said bank shall be
established and kept in Salem ; and the whole number of di-
rectors shall be nine, all of whom shall be resident in the coun-
ty of Essex, and a majority of the board shall be inhabitants of
said town ; and no loan or discount shall be made, nor shall any

1826. Chap. 131. 659

bill or note be issued by the said corporation, or by any per-
son on their account, in any other place than at the said bank.

Sect. 4. Be it further enacted, That whenever the Leg- Loans lotho
isJature shall require it, said corporation shall loan to the Com- ^-"o"jmoii-
nionwealth any sum of money which shall be required, not ex-
ceeding ten per centum of the capital stock actually paid in, at
any one time, reimbursable by five annual instalments, or any
shorter time, at the election of the Commonwealth, with the an-
nual payment of interest at a rate not exceeding five per centum
per annum : provided, however, that the Commonwealth shall Proviso.
never stand indebted to said corporation, without their consent,
for a larger sum than twenty per centum of their capital then
paid in.

Sf.ct. 5. Be it further enacted, That the persons here- First meetin».
in before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation,
as soon as may be, at such time and place as they may see fit
to appoint, by advertising the same in two newspapers, printed
in Salem, for the purpose of making, ordaining and establishing
such by-laws and regulations for the orderly conducting the af-
fairs of said corporation, as the stockholders shall deem nec-
essary : provided, the same be not repugnant to the constitution
and laws of this Commonwealth.

Sect. 6. Be it further enacted. That the Commonwealth Commonwealth
shall have a right, whenever the Legislature shall make provis- may subscribe

o ' o 1 (q C3I)ltcll SIOCK

ion therefor by law, to subscribe, on account of the Common-
wealth, a sum not exceeding one half of the capital stock actual-
ly paid in, to be added to the capital stock of said corporation,
subject to such rules, regulations and provisions, as to the man-
agement thereof, as shall be by the Legislature made and es-
tablished.

Sect. 7. Be it further enacted. That whenever the Com- Legislature
monwealth shall subscribe to the capital stock of said cor- directors"'"'
poration, in manner herein before provided for, in addition to
the directors by law to be chosen by the stockholders, the Leg-
islature shall have the right from time to time to appoint a num-
ber of directors to said bank, in proportion as the sum paid,
from the treasury of the Commonwealth, shall be to the whole
amount of stock actually })aid into said bank, if at any time
hereafter they shall see fit to exercise that right.

Sect. 8. Be it further enacted. That the cashier of said Cashier to give
bank, before he enters upon the duties of his office, shall give
bond with sureties to the satisfaction of the board of directors,
in a sum not less than twenty thousand dollars, with conditions
for the faithful discharge of the duties of his office.

Sect. 9. Be it further enacted. That the said corporation. Tax.
from and after the first day of October next, shall pay by way
of tax to the treasurer of this Commonwealth for the use of the
same, within ten days after the first Monday of October and
April annually, the half of one per centum on the amount of
stock which shall have been actually paid in.

560

1826.-

■Chap. 131—132.

Corporation lia-
ble to pay origi-
nal amount ol
altered notes.

Condition of
this act.

Stock not to
be sold for one
year.

Legislative
amination.

Chap\32.

Persons; author-
ized to use tide
waters.

Provisos.

Sect. 10. Be it further enacted. That the said corpora-
tion shall be liable to pay any bona fide holder, the original
amount of any note of said bank, counterfeited or altered in the
course of its circulation to a larger amount, notwithstanding such
alteration ; and shall also be holden to pay to any bona fide hol-
der the amount of any note of said bank counterfeited, unless
all the notes actually issued by said corporation shall be printed
or impressed with the stereotype plate ; and that said corpora-
tion shall not at any place whatever, directly or indirectly, pur-
chase, receive, pay or exchange any bill or note of said
bank, or of any other bank incorporated within this Common-
wealth, for any less sum than the nominal value, expressed in
such bill or note.

Sect. 1 1. Be it fxirlher enacted, That in case this act shall
not be put into operation, according to the provisions thereof,
within one year from the time of passing the same, then it shall
become void.

Sect. 12. Be it further enacted. That the capital slock of
said bank shall not be sold or transferred, but shall be holden
by the original subscribers thereto, for and during the term of
one year from the passing of this act.

Sect. 13. Be it further enacted, That any committee
specially appointed for I hat purpose by the Legislature, shall
have a right to examine into the doings of said corporation, and
shall have free access to all their books and vaults ; and if upon
such examination, it shall be found, and after a full hearing of
said corporation thereon, be determined by the Legislature, that
the said corporation have exceeded the powers herein granted
them, or failed to comply with any of the rules, restrictions or
conditions in this act provided, this act of incorporation shall
thereupon be declared to be forfeited and void. [J\larch 10,
1827.] Add. acts 1827 eh. 112.

An Act to enable certain persons to use the tide waters between Chelsea and Deer
Island for certain purposes.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Robert Gerry of Maiden, and Abel Bayrd of South Read-
ing, in the county of Middlesex, with such others as may asso-
ciate with them, and their assigns, be, and they are hereby au-
thorized to use the tide waters in Boston Harbour, between
Chelsea and Deer Island, at a place called Point Shirley Gut,
for the purpose of improving and working a newly invented
Floating Tide Mill, at any such place or places in said gut, as
they may from time to time select therefor : provided, that they
shall at all times leave sufficient room for vessels, boats and
water craft of all kinds, to navigate the gut, aforesaid, and that
the right to use the waters as aforesaid, shall exist only during
the pleasure of the Legislature : and provided, further, that the
proprietors of said mill shall first obtain the consent of the select-
men of the town of Chelsea, and the trustees of the Boston
Marine Society ; and that said society may at all times have

1826. Chap. 132—133. 561

the right to regulate the location of said mill, or to cause the same
to he removed, as they may think proper. [JWarch 10, 1827.]

An Act to establish the Soutli Boston Mill Corporation. f^h/m 1 Q<^

Sect. 1 . BE it enacted by the Senate and House of Represen-
tatives.) in General Court assembled, and by the authority of the
same, That George Blake, Francis J. Oliver, Jonathan Hun- Persons incor-
newell, Samuel K. Williams, Hall J. How and William po^ated.
Wright, their associates, successors and assigns, be, and they
are hereby made a body politic and corporate by the name of
the South Boston Mill Corporation, and by that name may sue
and be sued, prosecute and be prosecuted to final judgment General pow-
and execution ; and said corporation shall have power to make ^'^*"
and use a common seal, and the same to break and alter at
pleasure, and may, from time to time, make by-laws for the reg-
ulation of the affairs of the corporation : provided, the same
be not repugnant to the constitution and laws of this Common-
wealth ; may purchase and hold real and personal estate, not Real and per-
exceeding in value two hundred thousand dollars, necessary to *°"^' ^^'^'^'^•
promote the objects of the corporation, and in general may do
and suffer all other acts and things, which bodies corporate may
or ought to do or suffer, and be governed in all respects by the
laws relative to manufacturing corporations.

Sect. 2. Be it further enacted, That the said corporation Authorized to
shall have power to build a dam from a place on or near the cut'race wavT'^
northerly shore of South Boston, commencing easterly of the
street which is the continuation of the Dorchester turnpike, and
extending the same at low water mark, not exceeding in any
case, one hundred rods from the shore or high water mark, in
the natural state of the shore of South Boston, to land of Elea-
zer Homer, near the easterly point of the shore of South Bos-
ton, or to any intermediate point, which dam shall not be less
than ten feet wide on the top, and so made as effectually to ex-
clude the tide water, and to form a reservoir or empty basin of
such portion of the space between the dam and the shore, as
they shall see fit, with all sluice ways, gates and other things to
admit and detain the tide waters for the purpose of obtaining
water power, and for all manufacturing and for no other purpos-
es ; and the said corporation may cut any number of convenient
race ways from their full basin to the empty basin aforesaid ;
may maintain and keep up all their said works forever, and may
lease or sell the right of using the water detained within said
dam and upon any terms, and in any manner they may think
proper ; and no person shall have a right to dispose of said wa-
ter without the consent of said corporation : provided, always, proviso,
that before building said dam, said corporation shall obtain the
consent of all persons and corporations owning the flats to be
included under and within the same, and also of the city of
Boston for the including of any flats, to which they have any
legal rights, and provided that nothing in this act shall be taken
or deemed as enlarging the rights of said proprietors of said up-

VOL. VI. 71

562

1826.-

Chap. 133—134.

Condition of this
act.

Powers and du-
ties.

1808 ch. 65.

Chap 13^.

1823 ch. 120.

Authorized to
increase capi-
tal stock.

[Capital redu-
ced, 1830 ch,
14.]

Proviso.

Additional
stock hable to
tax, &c.

Cfiap\3Q.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

land, or of the corporation in relation to said flats or the upland,
in any respect whatsoever beyond the rights of said proprietors,
as they existed antecedently to the passing of this act.

Sect. 3. Be it furtJier enacted, That if said corporation
shall not, within the term of five years from the passing of this
act, undertake the erection of either of said dams, then this act
shall be void.

Sect. 4. Be it further enacted, That said corporation shall
be subject to all the duties and liabilities, and have all the rights
prescribed in " an act defining the general powers and duties of
manufacturing corporations," and the several acts in addition
thereto. [March 10, 1827.]

An Act in addition to an Act to incorporate the President, Directors and Company of
the American Bank.

Sect. 1. BE it eiiacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the President, Directors and Company of the
American Bank be, and they hereby are authorized and empovv-
ed to increase their present capital stock, by an addition of two
hundred and fifty thousand dollars thereto, in shares of one hun-
dred dollars each, which shall be paid in, in such instalments,
and at such times, as the president and directors of said bank
may direct and determine : provided, however, that the whole
amount shall be paid in, within one year from the passing of this
act.

Sect. 2. Be it further enacted. That the additional stock
aforesaid shall be subject to the like tax, regulations, restrictions
and provisions as the present capital stock of said corporation
is now holden by virtue of the act to which this is in addition.
[March 10, 1827.] Add. acts, 1830 ch. 14 : 58.

An Act to incorporate the Hadlej' Falls Company.

Sect. 1. BE it enacted by the Senate and Home of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That John Chapin, Stephen Chapin, WaiTcn Cha-
pin, and Alfred Smith, together with such other persons as
shall become associates with them, their successors and assigns,
be and they hereby are made a corporation, by the name of the
Hadley Falls Company, for the purpose of manufacturing cot-
ton and woollen goods, grain, wood, iron and other metals, in
the town of West Springfield, in the county of Hampden, and
for that purpose shall have all the powers and privileges, and
shall be subject to all the duties and requirements, contained in
an act, passed on the third day of March, in the year of our
Lord one thousand eight hundred and nine, entitled " an act
defining the general powers and duties of manufacturing corpo-
rations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation
may hold and possess such real and personal estate, not exceed-
ing in the whole the sum of thirty-six thousand dollars in value.

1826. Chap. 138—139. 563

as may be necessary and convenient for the purposes afore-
said.

Sect. 3. Be it further enacted, That any one of the per- First meeting,
sons named in this act, be, and either of said persons is, hereby
authorized, to appoint the time and place for holding the first
meeting of said corporation, giving ten days notice thereof to
the others, either in person or by writing, any thing in the act
aforesaid, defining the general powers and duties of manufactur-
ing corporations, to die contrary notwithstanding. [March 10,
1827.] Add. act, 1832 ch. 13^

An Act lo incorporate the Trustees for perpetuating the Charity of Edward Hop- fjhft'n 'IQQ
kins. i

Sect. 1. BE it enacted by the Senate and House of Repre- '^ ^ieo. ii. ch.
sentativesy in General Court assembled, and by the authority of mi ch. 105.
the same, That John Quincy Adams, William E. Channing, jsiich. 55:
Samuel A. Eliot, Thomas B. Gannett, John C. Gray, Benja- isisch. 97.
min Guild, Levi Hedge, Stephen Higginson, Jr., Abiel Holmes, ?*^°'[7^7g2
John T. Kirkland, Charles Lowell, Isaac Parker, John Pierce, ^^v. u, 1787.
William Phillips, Andrew Ritchie, Asahel Stearns, Peter O. Feb. 12/1796.
Thacher, Henry Ware, and William Wells, the present trus- Persons incor-
tees, under a decree of the high court of chancery of Great P"''^'^''-
Britain, for perpetuating the charity of the Honorable Edward
Hopkins, of [to] Harvard College, be, and they hereby are
incorporated and made a body politic, by the name of the Trus-
tees of the Charity of Edward Hopkins ; and they, and their
successors, shall be, and continue a body politic and corporate,
by that name forever, and shall have and exercise all the pow- Powers and pri-
ers and privileges, and be subject to all the duties and liabilities, ^''^S^^-
incident to corporations.

Sect. 2. Be it further enacted. That the said corporation Number of trus-
shall never consist of more than twenty-one trustees, seven of '^es, quorum,
whom, including the president, or clerk, or other person having
legal possession of the records, shall constitute a quorum ; and
shall have power to appoint all such officers, and make and ordain
all such by-laws and regulations, (not inconsistent with the con-
stitution and laws of this Commonwealth,) as may be deemed
needful in relation to the organization of the said corporation, the
time and manner of calling meetings, the election, qualification
and duty of its officers, the appointment and removal of trustees,
and generally, as to the management of all the concerns of said
trust, in conformity to the will of the said Edward Hopkins ; and
the clerk or secretary of said corporation, appointed pursuant to Clerk's cenifi-
the by-laws thereof, being duly sworn before any justice of the '^^*®'
peace, shall have the same authority and power to authenticate
by his attestation or certificate all the records, votes and pro-
ceedings of the said corporation, that town clerks have in relation
to the records, votes and proceedings of their towns ; and the
doings and proceedings of the said corporation, authenticated by
the clerk or secretary thereof, shall be used and received in evi-
dence in the same manner as the doings and proceedings of towns,
authenticated by the clerks thereof.

564

1826.-

-Chap. 139—144.

Estate, real and
personal.

Proviso.

Doings of trus-
tees confirmed.

Proviso.

This act to be
deemed a pub-
lic act.

Security for
costs to be giv-
en by trustees.

First meeting.

Sect. 3. Be it further enacted, That all the estate and
property, hoth real and personal, with all the rights, credits and
choses in action, belonging, or in any way appertaining to the
said trustees before the passing of this act, with all the remedies
for the recovery of the same, shall belong to, and be absolutely
vested in the said corporation, to all intents and purposes ; and
the said corporation shall also be subject to all the obligations,
duties and liabilities of the said trustees : provided, however, that
all actions that may be now pending in any court, either in favour
of, or against the said trustees, shall be proceeded in, prosecuted,
defended and determined, in the same manner, and the respec-
tive parties thereto shall have and exercise the same rights, rem-
edies and privileges, and be subject to the same duties and liabil-
ities, as if this act had not been passed.

Sect. 4. Be it further enacted, That all and singular the
acts and proceedings of the said trustees, in the management and
execution of the said trust, according to the will of the said Ed-
ward Hopkins, and the remaining records thereof, be, and the
same are hereby established, confirmed and made valid, to all
intents and purposes, notwithstanding the destruction of the said
records : provided, nevertheless, that this confirmation of the do-
ings of the said trustees shall not operate, or be construed to
defeat, diminish, or in any way impair the just rights of any other
person or persons whomsoever.

Sect. 5. Be it further enacted, That this act, so far as
relates to the necessity of pleading the same by the said corpora-
tion, or any other person whomsoever, shall be taken and deemed,
in all judicial proceedings, to be a public act.

Sect. 6. Be it further enacted, That this act shall be sub-
ject to be repealed or modified at any future time by the Legis-
lature.

Sect. 7. Be it further enacted, That whenever said trus-
tees shall commence an action, before any justice of the peace
or court in this Connnonwealth, such justice or court shall, on
motion of the adverse party, in said action, require said trustees
to give sufficient security, by endorsement of the writ or other-
wise, for the payment of any costs which may be awarded against
them in said action ; and said trustees, unless they give such se-
curity, when thereto duly required, shall become non-suit.

Sect. 8. Be it further enacted. That said Stephen Hig-
ginson be authorized to call the first meeting of said trustees, by
giving each of them personal notice of the time and place of
meeting, seven days at least before the same. [3farch 10,
1827.] See resolve, March 23, 1832, and st. 1833 ch. 71.

f^hnn 1 AA ^^ ^^^ '"'^ *''^ protection of the city of Boston against Fire.

1817 ch. 171. Sect. 1. BE it enacted by the Senate and House of Repre-

1821 ch. 26: 31. scntatives, in General Court assembled, and bxj the authority of

1822 ch. 16 ^j^^ same. That every church, meeting-house, or other place of
Sgs7how"buiit. public worship, school-house, or other public building, every

building for distilling or brewing liquors, or baking bread for sale,

1826. Chap. 144. 565

or for roasting cocoa for manufacturing the same into chocolate,
for ra king soap, melting tallow, dying, boiling or distilling tur-
pentine, casting brass or iron, refining sugar, making glass for
sale, or for chemical works of any dimensions, which shall, from
and after the passing of this act, l)e built within the city of Bos-
ton, shall liave all its sides or walls, except so much as may be
necessary for doors and windows, built of brick or stone, not less
than twelve inches, or the length and breadth of a common sized
brick in thickness ; and if any building above mentioned shall
exceed twenty-five feet in width, or fifty feet in length, between
either of its sides or walls, or shall exceed twenty feet in height
between either of its floors, or in either of its stories, its wall
shall not be less than sixteen inches, or the length of two com-
mon sized bricks in thickness. And if any building above men-
tioned shall exceed forty feet in width, or sixty feet in length,
between either of its sides or walls, or shall exceed twenty-five
feet in height, between either of its floors, or in either of its sto-
ries, its walls shall not be less than twenty inches, or the length
of two common sized bricks and a half in thickness ; and every
building above mentioned shall have its roof slated or covered
with some metallic substance, and have all its battlements and
partition walls carried above the slating of the roof, and be capped
with stone or some metallic substance.

Sect. 2. Be it further enacted. That every building, except Buildings more
those in the preceding section mentioned, which, from and after I'-^u T" '*^*i! -i.
the passing of this act, shall be built within the city of Boston,
which shall be more than twenty-two feet in height from the level
of the highest point of the street, alley or court, in front of such
building, to the drip of the eaves, shall have all its sides or walls
built of brick or stone, except so much as may be necessary for
doors and windows, and all its sides or walls, from the cellar to
the highest point of the roof, shall be at least either twelve inches,
or the length and breadth of a common sized brick in thickness ;
and in case any building in this section mentioned, of the above
height, shall exceed forty feet in width or sixty feet in length
between any of its sides or walls, all its walls shall not be less
than sixteen inches, or the length of two common sized bricks in
thickness ; and if, at any time, said building be divided into dif-
ferent tenements, its partition walls shall rise in battlements above
the roof, and be at least eight inches or the length of a common
sized brick in thickness, capped with stone or some metallic sub-
stance ; and all external end v\'alls which are now erected, or
which may be erected, and which shall at any time hereafter be
used as partition walls, shall be finished as herein before provided ;
and where one roof rises above another, all such partition walls
may be finished as external end walls ; and in all cases where any
building in this section mentioned, shall be separated from anoth-
er building in this section mentioned by a partition wall, the same
shall be built of stone or brick, and be at least twelve inches, or
the length and breadth of a common sized brick in thickness.

Sect. .3. Be it further enacted, That every building which,

566 1826. Chap. 144.

Buildings not fiom and after tlje passing of this act, shall he huilt within the
fceUiiffh^how ^'^^y ^^ Boston, vvhicli shall be not more than twenty-two feet in
built. ' height, from the level of the highest point of the street, alley or

court in front of such building to the drip of the eaves, shall have
all its sides or walls built of brick or stone, except so much as
may be necessary for doors and windows ; and all its sides or
walls from the bottom of the cellar to the under side of ilie first
floor, which may be above or on a level of the street as above
mentioned, shall be at least twelve inches or the length and
breadth of a common sized brick in thickness ; and all its sides
or walls which shall be above the said level of the street, alley
or court, shall be at least either eight inches or the length of a
common sized brick in thickness ; and in case any building, which
shall not be more than the height in this section above mentioned,
shall exceed twenty-five feet in width, or foi'ty feet in length,
between any of its walls, its walls shall not be less than twelve
inches, or the length and breadth of a common sized brick in
thickness, and be covered with slate or stone, well laid in mortar
or cement, or rise in battlements above the roof, and be at least
eight inches, or the length of a common sized brick in thickness,
Use of t)uildings capped with stone or some metallic substance. And no building
to bTappmvcd '" ^'''s section mentioned, shall be used for any of the purposes
by mayor and Stated in the first section of this act, except the same be approved
aldermen. |jy ^y^e mayor and aldermen of said city : and no walls, in either

ol the preceding sections mentioned, shall be deemed conforma-
ble to the provisions of such section, unless the same shall be
originally built, from their foundation, of the thickness required
in such section, in a faithful and workmanlike manner.
Roofs and gut- Sect. 4. Be U further enacted ^ That every building above-
^^^^' mentioned in the second and third sections of this act, shall have

its roof ot a regular pitch, and be entirely covered with slate,
tile, or some metallic substance, except such opening as may be
wanted for windows or scutdes ; it shall also have its gutters di-
vided from those of the adjoining houses, by a coving of brick
or stone, and, in all cases, where its gutters shall not be of stone,
copper or iron, its external walls shall be carried up, not less
than four inches thick, to the top of the boarding, and the slating
shall be carried over such external wall, and be well laid in ce-
ment or mortar.
Sheds and Sect. 5. Be it further enacted^ That every shed or wood-

liOLise adjoining a shed or wood-house belonging to another build-
ing, shall be separated therefrom by a brick or stone wall not less
than eight inches thick, and be carried up at least to an even sur-
face with the under side of the roof of such shed or wood-house.
Additions, &c. Sect. 6. Be it further enacted^ That all additions which
shall be made to buildings already erected, and all buildings which
shall be erected on old foundations, in part or in whole, shall be
deemed subject to the restrictions and regulations of this act ;
and no building mentioned in the third section of this act shdl
have its walls raised beyond the height, or its roof varied beyond
the dimensions, specified in the third section aforesaid : provided,

1826. Chap. 144. 567

that nothing herein contained shall prevent the repairing of any Proviso,
wc odeii building or buildings with flat roofs now erected.

Srct. 7. Be it further enacted^ That no doois shall ever Doors.
hereafter be made llirough any partition wall, dividing adjacent
premises, unless the opening, made for such purpose, shall be
finished forthwith, and furnished with an iron door, in a frame of
brick, stone or iron, or unless the same shall open into some
shed, wood-house or out-building connected with the house and
making part of the same.

Sect. 8. Be it further enacted, That it shall be lawful, any Two story
thing in this act to the contrary notwithstanding, to erect within .^'°o^'p" buiid-
the city of Boston, two story wooden buildings, to be used for ° '
dwelling-houses, and for no other purpose, except for such pur-
poses as may be approved by the mayor and aldermen, of the
following description, viz.: the posts to be not more than eighteen
feet, the roof to be of a regular pitch of one third, the bottom of
the sills to be elevated not exceeding eighteen inches above the
level of the street, or above the point where such level shall be
determined on by the surveyors of highways, and such level shall
be determined upon, and notice given thereof to owners or
builders, within twenty days after application by them therefor,
such buildings to be in no case more than thirty feet in height,
from the bottom of the sill to the highest point of the roof, and
in no case to be more than forty by twenty-five feet on the ground,
the roof to be slated, and to have at least one window or scuttle
in the same ; and if two or more wooden buildings as aforesaid
shall be joined together, there shall be a partition wall of brick
between them, at least eight inches in thickness, extending in
height to an even surface with the under side of the slating of the
roof; and whenever any such wooden building shall be erected
within five feet of the boundary line of the owner or owners of
the land on which it may be built, unless such boundary line be
on the highway, it shall have a brick wall of like thickness on the
side so adjoining : provided, always, that no two story wooden Proviso,
buildings, provided for in this act, shall be erected within ten feet
of each other, unless one of them have a brick wall on the side
next adjoining, of the dimensions above specified ; and whenever
any out-buildings shall be connected with the dwelling-houses in
this section mentioned, of more than eleven feet in height, the
roof of such out-buildings shall be covered with slate ; and also,
that no wooden buildings shall be erected within the city of Boston
in a range of more than fifty feet extent, without the intervention
of a brick partition wall, of the height and thickness, and covered
in the manner in this section before specified ; and also, that no
such wooden buildings shall be placed within four feet of each
other, unless the wall of one of them so adjoining be of brick or
stone, of the thickness above specified ; and no wooden building,
specified in this section, shall be adjoined or added to another
wooden building, now built, or which may hereafter be built, and
which shall be higher than ten feet, whereby the area of both said

568 1826. Chap. 144.

buildings shall exceed forty by twenty-five feet, unless a brick

partition wall be erected between them as above specified.

Builfiings not Sect. 9. Be it further enacted^ That it shall be lawful, any

ulen*'feet high? ^'^'"S '" ^his act to the contrary notwithstanding, to build houses

or other buildings of wood, within the city of Boston, the posts

whereof measuring from the bottom of the lower sill, to the top

of the plate, shall not exceed thirteen feet, and the pilch of the

roof thereof not to exceed one third pitch : provided^ that such

roof be of a regular slope from the plate to the top thereof, and

[Provision as t^gt no windovv or windows shall be erected or made on the

rooY,"repealed, sloping part of the roof of such house or building : and provi-

1829 ch. 34 J ded, also, that in no case shall any such house or building exceed

sixteen feet in measure, from the ground to the highest point in

the roof: and provided, further, that such house or building shall

not be used for any of the purposes specified in the first section

of this act.

Buildings on Sect. 10. Be it further enacted, That, upon any wharf,

wharves, marsh- jjiarsh, or Other place, where no sufficient foundation can be ob-

es, &c., how . ' . , ' ' , , . . ^ ,

creeled. tauied, wituout unreasonable expense, on permission oi the mayor

and aldermen, wooden buildings of no greater height than those
mentioned in the eighth section of this act, with the same pilch
of roof, may be erected, which shall be covered on all sides with
slate, tile, lime, mortar, or some metallic substance, unless, in
consideration of peculiar circumstances, the mayor and aldermen
shall otherwise in either of the above respects authorize.
Vioiaiionsof Sect. U. Be it further enacted. That if any person shall

orthis°ac*t.°"^ begin to build any building, which, if finished in conformity with
its beginning, would be a violation of the provisions of this act,
and shall not, after notice in writing, from the mayor of said city,
or any engineer of the fire department thereof, within thirty days
make requisite alterations therein, so that the same may become
conformable, if finished, to the provisions of this act, such per-
sons shall be liable to. all the penalties herein after provided, and
be liable to prosecution in the same way as if said building was
finished.
Removal of Sect. 12. Bc it further enacted. That no wooden build-

"' '"^^' ing, more than ten feet high, shall be removed from any part of

Boston to any other place within the same city, without the per-
mission of the mayor and aldermen, under such restrictions and
provisions as they shall prescribe ; nor shall any wooden building
heretofore erected within said city, and not now used as a dwell-
ing-house, be hereafter occupied as a dwelling-house, or for any
other purpose than that to which it is now applied, without the
permission of the mayor and aldermen as aforesaid.
Penally for dc- Sect. 13. Be it further cuacted , That the owner or owners
wall"' P^*^^'""" of every house or other building which shall be erected contrary
to the provisions of this act, shall be liable to pay a sum not less
than fifty dollars, nor more than two hundred dollars annually and
every year, at the discretion of the court, until a brick or stone
wall shall be erected, of the dimensions above provided, and until
such building or addition thereto shall be effectually secured

1826. Chap. 144. 569

against fire, according to the provisions of this act ; and on the
conviction of any person or persons for erecting any building
against any of the provisions of tliis act, it shall be the duty of
the chief engineer of the city of Boston to cause an attested copy
of such conviction to be duly recorded in the office of the regis-
ter of deeds for the county of SufTolk, whose duty it shall be to
receive and record the same ; and thereupon the owner or owners
of said building for the time being, shall be liable to pay the said
sum of not less than fifty dollars, nor more than two hundred dol-
lars, annually and every year, to the city of Boston, until said
house or building shall be made conformable to the provisions of
this act ; and the same may be recovered by an action on the
case, to be brought in the name of said city, in any court of com-
petent jurisdiction, by the treasurer thereof, whose duty it shall
be, unless the same be annually paid, to bring an action for the
same accordingly.

Sect. 14. Be it further enacted^ That all houses or build- penalty for de-
ings within said city of Boston, which have been, or which shall feet of covering
hereafter be erected in the manner described in this act, and
which are now, or which may hereafter be covered with slate,
tile, or some metallic substance, shall continue to be so covered
with slate, tile, or some metallic substance, and shall be kept ef-
fectually secured against fire, in manner as is herein before de-
scribed ; and if any person or persons, being owner or proprie- Repairs.
tor of any house or other building, or having authority, or whose
duty it shall be to repair the same, shall hereafter suffer such
house or other building to remain, in whole or in part, uncovered
with slate, tile, or some metallic substance, for the space of thirty
days after he, she, or they shall have been notified to repair or
cover the same, by the mayor of said city, or any engineer of the
fire department thereof, he, she, or they shall forfeit and pay for
such ofiience a sum not exceeding one hundred dollars, nor less
than twenty dollars, and shall be subject to a like fine for every
thirty days afterwards, that such house or building shall be, by
him, her, or them, suffered to remain so uncovered, in the man-
ner required by this act.

Sect. 15. Be it further enacted, That whenever any house Alterations, &c.
or other building within the said city of Boston, hereafter erected,
shall be found to be erected contrary to the provisions of this act,
the owner or owners of such house or building shall be held and
required to alter and make such house or building to conform to
the provisions of this act ; and any person or persons as afore-
said, who shall suffer his, her, or their house or odier building,
to be and remain not conformable to the provisions of this act,
for the space of thirty days after he, she, or they shall have been
notified by the mayor of said city, or by any engineer of the fire
department thereof, shall forfeit and pay for such offence a sum
not exceeding one hundred dollars, nor less than twenty dollars,
and shall be subject to a like fine for every thirty days afterwards
that such house or building shall be by him, her, or them, suf-

VOL. VI. 72

570 1826. Chap. 144—145.

fered to remain exposed to fire as aforesaid, and not conformable
to the provisions of this act.
Fines for viola- Sect. 16. Be it further enacted, Tliat every person who
and^'how^le-^*^'' ^^^'''" offend against any of the provisions contained in the pre-
covered. Ceding sections, shall forfeit and pay a fine not less than fifty dol-

lars, nor more than five hundred dollars, according to the nature
and aggravation of the ofi^ence ; and all and any of the penalties
which are given in and by this act, may be recovered by indict-
ment, information, complaint, or action upon the case, in any
court of competent jurisdiction ; and in such indictment it shall
not be necessary to set forth any more of said act, than so much
thereof as relates to, and is necessary truly and substantially to
describe the offence alleged to have been committed ; and it
shall be the duty of each and every engineer of the fire depart-
ment of said city, and they and each of them are hereby required
to inquire after all offences which shall come to their knowledge,
and which shall be committed against the true intent and meaning
of this act, and shall cause the same to be duly prosecuted.
Limitation of Sect. 17. Be it further enacted, That nothing in this act

this act. gi^gii J3g construed to extend to any building now erected, or

which may hereafter be erected, without the limits of the pen-
insula of said city of Boston, or without the ancient limits of
the city, on both sides of the neck, as far as the boundary lines
between Roxbury and Boston.
Repeal. Sect. 18. ]3e it further enacted, That all acts and parts of

acts now in force, and which are inconsistent with the provisions
of this act be, and tl]e same are hereby repealed ; excepting that
such parts as may be necessary to recover fines and penalties in-
curred, upon the acts aforesaid, shall still remain in full force.
Use of fines. Sect. 19. Be it further enacted, That all the fines and

penalties which shall be recovered by force of this act, shall enure
to the use of the city of Boston.
This act void, ' Sect. 20. Be it further enacted. That this act shall not
by hiha^bimms*^'' '^^^^ efi'ect unless the same shall, after thirty, and within ninety
days from the passing of the same, be accepted at a legal meeting
of the qualified voters of the city of Boston, to be called for that
purpose, and voting thereon by ballot. [JMarch 10, 1827.]
See acts, 1829 cb. 34 : 1835 ch. 139.

y^r -| >. r An Act to incorporate the President, Directors and Company of the Boston South

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons iucor- thc same. That Nathaniel Whittemore, Adam Bent, William
porated. Wright, David Rice, Josiah Dunham, David Gurney, iXoah

Brooks, Isaac Thom, .Tohn Amory, and Jacob Flinn, their as-
sociates, successors and assigns, shall be, and hereby are crea-
ted a corporation, by the name of the President, Directors and
Company of the Boston South Bank, and shall so continue from
the first Monday of May next, until the first Monday of October,
which which will be in the year of our Lord one thousand eight
hundred and thirty-one ; and the said corporation shall always be

1826. Chap. 145. 571

subject to the rules, restrictions, limitations, taxes and provisions,

and be entitled to the same rights, privileges and immunities, Powers and

which are contained in an act entitled " an act to incorporate «'u"es.

the President, Directors and Company of the State Bank," ex- isiich. 84.

cept in so far as the same are modified or altered by this act, as

fully and effectually, as if the several sections of the said act

were herein specially recited and enacted : provided, however, Proviso.

that the amount of bills issued from said bank, at any one time,

shall not exceed the amount of the capital stock actually paid in.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said corporation shall consist of the sum of five hundred thou- payme'tu"fhere-
sand dollars, in gold or silver, to be, besides such part as this of.
Commonwealth may subscribe, in manner herein after mention-
ed, divided into shares of one hundred dollars each, which shall
be paid in manner following, that is to say, one fourth part there-
of on or before the first day of September next, one fourth part
thereof on or before the first day of October next, one fourth
part thereof on or before the first day of February next, and the
residue on or before the first day of March next ; and no divi-
dend shall be declared on the capital stock of said bank, until
the capital stock shall have been paid in conformably to the
provisions of this act ; and the stockholders, at their first meet-
ing, shall, by a majority of votes, determine the mode of trans-
ferring and disposing of said stock, and the profits thereof, which
being entered in the books of said corporation, shall be binding
on the stockholders, their successors and assigns, until they
shall otherwise determine ; and the said corporation are hereby
made capable in law, to have, hold, purchase, receive, possess, Real estate,
enjoy and retain to them, their successors, and assigns, lands,
tenements, and hereditaments, to the atnount of fifiy thousand
dollars and no more, at any one time ; with power to bargain,
sell, dispose and convey the same by deed, under the seal of
said corporation, and signed by the president or two of the di-
rectors ; and to loan and negotiate their monies and effects by
discounting on banking principles, on such security as they may
think advisable : provided, however, that nothing herein contain- Provisos,
ed shall restrain or prevent said corporation from taking and
holding real estate in mortgage or on execution, to any amount
as security for, or in payment of, any debts due to the said cor-
poration : and provided, further, that no monies shall be loan-
ed, or discounts made, nor shall any bills or promissory notes
be issued from said bank, until the capital subscribed and actu-
ally paid in, and existing in gold and silver, in their vaults, shall
amount to one hundred and twenty-five thousand dollars ; nor
until said capital stock actually in said vaults, shall have been
inspected and examined by three commissioners to be appointed inspection and
by tlie governor, for that purpose, whose duty it shall be, at the [a!.""' "^ *^^'"'
expense of the corporation, to examine the monies actually ex-
isting in said vaults, and to ascertain, by the oath of the direc-
tors of said bank, or a majority of them, that said capital stock
hath been bona fide paid in by the stockholders of said bank, and

572

1826.-

■Chap. 145.

Location.

Loans to Com-
monwealth.

Proviso.

First meeting.

By-laws.

Commonwealth
maj' subscribe
to the capital
stock.

Commonwealth
may appoint di-
rectors.

towards payment of their respective shares, and not for any oth-
er purpose ; and that it is intended therein to remain as a part of
said capital ; and to return a certificate thereof to the governor ;
and no stockholder shall be allowed to borrow any money at
said bank, until he shall have paid in his full proportion of the
whole of said capital stock as herein before provided and re-
quired.

Sect. 3. Be it further enacted, That the said bank shall
be established and kept in that part of Boston called South Bos-
ton ; and no loan or discount shall be made, nor shall any Jjill
or note be issued by said corporation or by any person on their
account, in any other place than at the said bank.

Sect. 4. Be it further enacted, That, whenever the Legis-
lature shall require it, the said corporation shall loan to the Com-
monwealth, any sum of money, which shall be required, not ex-
ceeding ten per centum of the capital stock actually paid in, at
any one time, reimbursable by five annual instalments, or any
shorter time, at the election of the Commonwealth, with the an-
nual payment of interest, at a rate not exceeding five per centum
per annum : provided, however, that the Commonwealth shall
never stand indebted to said corporation, without their consent,
for a larger sum than twenty per centum of their capital then
paid in.

Sect. 5. Be it further enacted, That the persons herein
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation,
as soon as may be, at such time and place as they may see fit
to appoint, by advertising the same, in any two of the newspa-
pers printed in Boston for the purpose of making, ordaining
and establishing such by-laws and regulations, for the orderly
conducting the afiairs of said corporation, as the stockholders
shall deem necessary, and the choice of the first board of di-
rectors, and such other officers as they shall see fit to choose :
provided, such by-laws and regulations be not repugnant to the
constitution and laws of this Commonwealth.

Sect. G. Be it further enacted. That the Commonwealth
shall have a right, whenever the Legislature shall make provis-
ion therefor by law, to subscribe, on account of the Common-
wealth, a sum not exceeding two hundred and fifty thousand
dollars, to be added to the capital stock of said corporation,
subject to such rules, regulations and provisions as to the man-
agement thereof, as shall be by the Legislature made and es-
tablished.

Sect. 7. Be it further enacted. That, whenever the Com-
monwealth shall subscribe to the capital stock of said corpora-
tion, in manner herein before provided for, in addition to the
directors by law to be chosen by the stockholders, the Legis-
ture shall have a right, from time to time, to appoint a number of
directors to said bank, in proportion as the sum, paid from the
treasury of the Commonwealth, shall be to the whole amount of

1827. Chap. 1. 573

stock actually paid into said hank, if at any time hereafter, they
shall see fit to exercise that right.

Sect. 8. Be it further enacted^ That the cashier, hefore Casliicr to give
he enters upon the duties of his office, shall give bond with "" "
sureties, to the satisfaction of the board of directors, in a
sum not less than fifty thousand dollars, with conditions for the
faithful discharge of his office.

Sect. 9. Be it further enacted, That the said corporation. Tax.
from and after the first day of October next, shall pay, by way
of tax, to the treasurer of this Commonwealih, for the use of
the same, within ten days after the first Monday of October and
April annually, the half of one per centum on the amount of
capital stock, which shall have actually been paid in.

Sect. 10. Be it further enacted, That the said corporation Counterfeited
shall be liable to pay, to any bona fide holder, the original '^'"'*-
amount of any note of said bank, counteifeited or altered in the
course of its circulation to a larger amount, notwithstanding
such alteration ; and shall also be liable to pay, to any bona fide
holder, the amount of any note of said bank counterfeited, ex-
cepting such note is printed or impressed with the stereotype
plate ; and said corporation shall not, at any place, directly or
indirectly, pin-chase, receive, pay, or exchange, any bill or note
of said bank, or of any other bank incorporated within this
Commonwealth, for any less sum than the nominal value ex-
pressed in such bill or note.

Sect. 11. Be it further enacted, That the capital stock C9nd'tions of
of said bank, or any part of it, shall not be sold or transferred, ' '*^*^^'
but shall be holden by the original subscribers thereto, for and
during the period of one year, from the time of passing this
act ; and in case the same shall not be put into operation, ac-
cording to the provisions thereof within the year aforesaid, it
shall be void.

Sect. 12. Be it further enacted, That any committee, Lej^isiative ex.
specially appointed by the Legislature for that purpose, shall amination.
have a right to examine into the doings of said corporation, and
have free access to all their books and vaults ; and if, upon
such examination, it shall be found, and after a full hearing of
said corporation thereon, be determined by the Legislature, that
the said corporation have exceeded the powers herein granted
them, or failed to comply with any of the rules, restrictions or
conditions in this act provided, this act of incorporation shall
thereupon be declared to be forfeited and void. [March 10,
1527.]

An Act to incorporate a School at Nantucket by the name of Admiral Sir Isaac Cof- /^^^^ 1
fin's Lancasterian School. K^iltljJ' I •

Sect. 1 . BE it enacted by the Senate and House of Repre- 1826 eh. 47.
sentatives, in General Court assembled, and by the authority of
the same, That there be, and hereby is established, in the town School estab-
of Nantucket, in the county of Nantucket, a school by the name I'shed.
of Admiral Sir Isaac Coffin's Lancasterian School, for the pur-

574

1827.

•Chap. 1.

Trustees incor
porated.

Real and per-
sonal estate.

Powers of the
trustees.

Genera! powers

Number of trus
tees.

pose of promoting decency, good order and morality, and for
giving a good English education to the youth who are descen-
dants of the late Tristram Coffin, (who emigrated from England
ahoiit the year 1641, first settled at Salisbury in Massachusetts
Bay, now State of Massachusetts, and from thence removed to
the town of Sherburne, now Nantucket,) as tiie trustees for the
time being shall direct, and that William Coffin, Ariel CoOin,
Gorham Coffin, Jared Coffin, Tliaddeus Coffin, and Charles G.
Coffin, with such others as they may add to their number, be
nominated and appointed trustees ; and they are hereby incor-
porated into a body politic, by the name of the Trustees of
Admiral Sir Isaac Coffin's Lancasterian School, and they and
their successors shall be, and continue a body politic forever.

SiccT. 2. Be it further enacted, That all lands, buildings,
.monies, or other property heretofore given or subscribed lor
the purpose of establishing the aforesaid school, or which shall
hereafter be given, granted, or assigned to the said trustees,
shall be confirmed to the said trustees, and their successors, in
that trust forever, for the uses for which said school is estab-
lished, and the said trustees shall be cai)ab]e of having, holding,
and taking, in fee simple, by gift, grant, devise, or otherwise,
any lands, tenements, or other estate, real or personal : pro-
vided, that the annual income of the same shall not exceed the
sum of three thousand dollars, and shall apply the interest, rents,
and profits thereof, so as most to promote the design of the in-
stitution.

Sect. 3. Be it further enacted, That the said trustees, for
the time being, shall be the visitors and governors of said insti-
tution, and shall have full power, from time to time, to elect
such officers thereof as they shall judge necessary and conven-
ient, and fix the tenure of their respective offices, and to fill up
all vacancies that may happen in the board of trustees, by death,
resignation, or removal from the town of Nantucket : provided,
always, that the trustees shall all be the descendants of the be-
fore mentioned Tristram Coffin, in the male or female line ; to de-
termine the times and places for Itolding their meetings ; the man-
ner of notifying the trustees ; to ascertain the powers and duties
of their several officers ; to elect instructers and prescribe their
duties ; to make and ordain reasonable rules, orders, and by-
laws, for the government of the institution, provided the same
be not repugnant to the laws of the Commonwealth.

Skct. 4. Be it further enacted. That the trustees of said
school may have a common seal, which they may change at plea-
suie, and all deeds, sealed with said seal, and delivered and ac-
knowledged by the secretary of said trustees, by their order,
shall be valid and binding in law ; and said trustees may sue, and
be sued, in all actions, and prosecute and defend the same to
final judgment and execution, by the name of the Trustees of
Admiral Sir Isaac Coffin^s Lancasterian School.

Sect. 5. Be it further enacted. That the number of said
trustees shall never exceed nine, nor be less than six, one of

1827. Chap. 1—4. 676

whom shall be appointed as president, three of whom, with the
president, or five without the president, shall be necessary to
constitute a quorum for doing business, but a less number may
adjourn from time to time ; and a majority of those present shall
decide all questions that may ])roperly come before said trustees.

Sfxt. 6. Be it furtlter enacted^ That William Coffin, First meeting.
Esquire, be, and he is hereby authorized and empowered to fix
the time and place for holding the first meeting of the trustees,
and to notify them thereof.

Sect. 7. Be it further enacted, That this act may at any Lcg-isiative
time be modified or repealed by the Legislature of this Com- '^°""'° •
monwealth.

Sect. 8. Be it further enacted, That an act passed in the Repeal,
year of our Lord one thousand eight hundred and twenty-seven,
entitled "an act to incorporate a school at Nantucket, by the 1826 eh. 47.
name of Admiral Isaac Coffin's Lancasterian [Lancastrian']
School," be, and the same hereby is repealed. [June 8,
1827.]

An Act to incorporate the Boston Mechanics' Institution. ChUT), 2.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Nathaniel Bowditch, Henry A. S. Dearborn, Persons Incor-
Daniel Treadwell, David Moody, Stephen Fairbanks, their as- porated.
sociates, successors, and assigns, be, and they hereby are in-
corporated under the name of the Boston Mechanics Institution,
for the purpose of instruction in the sciences as connected with
the mechanic arts, with power to have a common seal, and the Powers and
same to alter at pleasure, to sue and be sued, to make by-laws P'''^''«g'^s-
and regulations for the government of their own afl^airs, not re-
pugrant to the constitution or laws of this Commonwealth, and
to appoint such officers for the regulation of their concerns as
they may deem expedient, with power to hold real estate not Real and per-
exceeding in value twenty thousand dollars, and personal estate sonal estate.
not exceeding twenty thousand dollars.

Sect. 2. Be it further enacted. That any two of the per- First meeting-.
sons herein named may call the first meeting of said corpora-
tion, by notice, printed in one or more newspapers in the city of
Boston, ten days at least before the time appointed for such
meeting.

Sect. 3. Be it further enacted. That this act shall be Legislative
subject to revision or repeal, at the will of the Legislature. '^°'^^'°^-
{June 15, 1827.]

An Act to incorporate the Third Congregational Society in Camhiidge. i^lldp. 4.

Sect. 1. BE it enacted by the Senate and House of Repre-
senuitives, in General Court assembled, and by the authority of
the same. That Joseph N. Howe, Jr., Thomas Hastings, Jesse Persons incor-
Hall, William Parmenter, Sewell White, William F. Stone, P"""^'^^"
William Whitney, Caleb Hayden, and all those persons who now
have, or hereafter may subscribe and pay the sutn of fifty dollars,
towards the erection of a congregational meeting-house at Lech-

576

1827.-

■Chap. 4.

Powers and
privileges.

Real and per-
sonal estate.

Shares.

Assessments for
building' meet-
ing-house.

Shares of delin-
quents may be
sold.

Proviso.

Annual meet*
inff.

Officers.

How pews shall
be disposed of.

mere point, in Cambridge, or otherwise become interested there-
in, their successors and assigns, shall be, and they hereby are
created and established as a religious society, and body politic
and corporate, by the name of the " Third Congregational Soci-
ety in Cambridge," with all the powers, privileges and immunities
of parishes, and may purchase and hold real and personal estate
to any amount, the annual income of which shall not exceed three
thousand dollars ; and may ordain and establish such by-laws and
regulations for the management of their concerns, not repugnant
to the constitution and laws of this Commonwealth, as they may
think expedient.

Sect. 2. Be it furtlier enacted^ That the subscriptions for
the purpose of erecting said meeting-house shall be by shares,
the number and amount of which, and the mode of transfei'ring
them, and of the pews in said house, shall be established by the
by-laws of the corporation, which pews shall be considered per-
sonal property.

Sect. 3. Be it further enacted.^ That, whenever any pro-
prietor shall neglect or refuse to pay any assessment legally made
on his share or shares, for the purpose of erecting said meeting-
house, to the treasurer of said corporation, for the space of thirty
days after the same is payable, and due notice thereof given, the
said treasurer is hereby authorized to sell, at public auction, the
share or shares of such delinquent proprietor, after posting notice
of the time, place and cause of sale, at the new court-house in
Cambridge, and two other public places in said town, thirty days
before such sale, and make a proper transfer thereof to the high-
est bidder, and deducting the sums due on said share or shares,
and the incidental charges of conveyance, pay the surplus to the
proprietor ; or the said treasurer may sue and prosecute to final
judgment and execution, any such delinquent proprietor, for any
lax or assessment, due and payable on his share or shares, made
for the purpose aforesaid : provided^ such assessments shall not
exceed the original amount of the share.

Sect. 4. Be it further enacted, That there shall be a meet-
ing of the members of said society in the month of June in each
year; and the mode of calling, and the time and place of holding
said meeting, and all other meetings of the society, shall be set-
tled by vote of the corporation, at which annual meeting there
•shall be chosen a clerk, who shall record all votes and proceed-
ings of the society, and be sworn to the faithful discharge of his
duties ; a treasurer, w ho shall give bonds for the faithful perform-
ance of the duties of his office, and such other officers as the so-
ciety may deem expedient, who shall hold their offices for one
year, and until others are chosen.

Sect. 5. Be it further enacted, That if, at the expiration of
one year from the erection and completion of said meeting-house,
any of the pews therein shall remain unsold, and not disposed of
by the shareholders, they shall forthwith proceed, by public or
private sale, or by a division of the pews not disposed of, among
the subscribers, or by some other equitable mode of disposition,

1827. Chap. 4. 577

to be adopted by the shareholders, to sell and dispose of all the
pews tiien remaining unsold in said meeting-house. And after
such sale or division, the proprietors who individually own one Who shall Con-
or more pews, shall compose and constitute the corporation ere- poratton.^ "^""^
ated by this act, and such proprietors, their successors and as-
signs, are hereby constituted a religious society, and body politic
and corporate, by the name of the Third Congregational Society
in Cambridge, with all the powers, privileges and immunities by
this act granted.

Sect. 6. Be it further enacted, That all monies necessary
for the support of public worship in said meeting-house, and to
defray other incidental charges which shall be duly voted to be
raised, shall be assessed on the pews in said house, according to Assessments for
the relative value thereof. And a list of such assessment, stating public^vvorlhip
the nmnber of each pew, and the amount assessed thereon, shall
be made out and delivered to the treasurer, who shall collect the
same, and pay out the aniount under the direction of the society.
And the pews shall be holden and liable, respectively, for the
amount assessed thereon, into whose hands soever they may
come. And the treasurer shall have authority to sell any pew
for the payment of any assessment thereon, legally made, in the
manner prescribed in the third section of this act, for the sale of
the shares of delifiquent proprietors.

Sect. 7. Be it further enacted, That [at] all meetings of Right of voting,
said society, after the expiration of one year from the completion
of said meeting-house, every proprietor of a pew or pews shall
be entided to vote, allowing one vote to each pew; but the soci-
ety may, nevertheless, by their by-laws and regulations, provide
for the admission of any occupant or occupants, of any pew, to
vote at the meetings of said society.

Sect. 8. Be it further enacted, That the mode of trans- Transferor
ferring pews in said meeting-house shall be by certificate, to be P^^^"
signed by the clerk and treasurer, containing the name of the
purchaser, the number and description of the pew conveyed,
which certificate shall be recorded by the clerk, in a book to be
kept for that purpose, and no transfer shall be valid until so re-
corded, and no new certificate shall be issued until the old one is
given up.

Sect. 9. Be it further enacted, That the first meeting of First meeting,
said society shall be called by Thomas Hastings, Joseph N,
Howe, Jr., Isaac Train, Jesse Hall and William Parmenter, or
any two of them, by a written or printed notice, stating the time
and place of meeting, which notice shall be left at the place of
abode or business of each subscriber or shareholder, four days at
least before the meeting. [June 16, 1827.] Add. act, 1827
ch. 27.

VOL. VI. 73

578

1827.-

■Chap. 5 — 6.

Chdttm S ■'^" ^^"^ '° incorporate the Soulh Congregational Society in the city of Boston.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives., in General Court assembled, and by the author-
ity of the same, Tliat ThoiDas Brewer, Kphraim Marsh, TI)omas
Hunting, Walter Cornell, Augustus G. P. Colburn, Henry H.
Fuller and Robert Treat Paine, and all others who may associate
with them, and their successors, be, and they hereby are incor-
porated as a religious society, by the name of the South Con-
gregational Society in the city of Boston, with all the privileges,
powers and immunities to which other religious societies in this
Commonwealth are entitled by law, and the constitution thereof.

Sect. 2. Be it further enacted, That the said society shall
be capable in law, to purchase, hold and dispose of any estate,
real or personal, for the use of said society : provided, the annual
income thereof shall not at any time exceed the sum of three
thousand dollars.

Sect. 3. Be it further enacted. That any justice of the
peace for the county of Suffolk, be, and he is hereby authorized
to issue his warrant to any member of said society, requiring him
to warn the members thereof to meet, at such convenient time
and place in the city of Boston, as shall be therein directed, to
choose a secretary, a treasurer, and such other officers, commit-
tee or committees, as they may deem needful ; also to order and
establish such regulations, rules and by-laws, for their government,
and for the management of their concerns, as they may see fit :
provided, the same are not repugnant to the laws and constitution
of this Commonwealth. [June 16, 1827.]

Persons incor
poraied.

Powers and
privileges.

Real and per
sonal estate.

First meeting.

Chap, 6.

Persons incor-
porated.

Powers and du-
ties.

1808 ch. 65.

Real and per-
sonal estate.

An Act to incorporate the Eeist Medway Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Lowell Bullen, Gilbert Clark, Joiham Clark, Na-
than Jones, and such other persons as already have associated, or
may hereafter associate with them, their successors and assigns, be,
and they hereby are made a corporation, by the name of the East
Medway Manufacturing Company, for the purpose of manufac-
turing cotton and w'oollen goods, and making machinery for said
purposes, at Medway, in the county of Norfolk; and for this pur-
pose, shall have all the powers and privileges, and be subject to
all the duties and requirements, contained in an act of this Com-
monwealth, passed on the third day of jNIarch, in the year of our
Lord one thousand eight hundred and nine, entitled "an act
defining the general powers and duties of manufacturing corpora-
tions, "and the several acts in addition thereto.

Sect. 2. Be it further enacted. That said corporation may
be lawfully seized of such real estate, not exceeding the value of
thirty thousand dollars, and such personal estate, not exceeding
the value of fifty thousand dollars, as may be necessary or con-
venient for establishing and carrying on the said manufactures at
Medway as aforesaid. [June 16, 1827.]

1827. Chap. 7. 579

An Act to incorporate the Springfield Institution for Savings. CHcLp. 7.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Bezaleel Howard, John Ingersoll, Israel E. Persons incor-
Trask, Josliua Frost, Daniel Bontecou, Oliver B. Morris, Dan- p°^^'^'*-
iel Lombard, Samuel Orne, Robert Emery, John B. Kirkham,
Frederick H. Packard and Henry Brewer, together with such
other persons as have associated, and may hereafter associate
with them, be, and they hereby are constituted a corporation, by
the name of the " Springfield Institution for Savings," and shall
so continue for the term of thirty years.

Sect. 2. Be it further enacted, That said corporation shall Deposits,
be capable of receiving, from any person, disposed to obtain and
enjoy the advantages of said institution, any deposit or deposits
of money, and to use and improve the same for the purposes, and
according to the directions herein provided.

Sect. 3. Be it further enacted, That all deposits of money. Income of de-
received by the said corporation, shall be by them used and im- P°^"^-
proved to the best advantage, and the income, or profit thereof,
shall be applied and divided among the persons making the said
deposits, tlieir executors, administrators or assigns, in just pro-
portion ; and the principal of such deposits may be withdrawn at
such times, and in such manner, as said corporation shall direct
and appoint.

Sect. 4. Be it further enacted. That said corporation may, Election of
at any legal meeting, have power to elect, by ballot, any other
persons as members of said corporation.

Sect. 5. Be it further enacted. That the said corporation General powers,
may have a common seal, which they may change at pleasure ;
and that all deeds, grants, covenants and agreements, made by
their treasurer, or any other person by their authority, shall be
good and valid ; and the said corporation shall at all times have
power to sue, and may be sued, and defend, and be held to an-
swer by the name aforesaid.

Sect. 6. Be it further enacted, That the said corporation Annual meet,
shall hereafter meet at Springfield, some time in the month of "'
May, annually, and as much oftener as they may judge expedient;
and any seven members of the said corporation, the president,
secretary or treasurer being one, shall be a quorum ; and the said
corporation, at their annual meeting, shall have power to elect a
president, and all such other officers as to them shall appear ne-
cessary, which officers, so chosen, shall continue in office one
year, and until others are chosen in their stead ; and all officers,
so chosen, shall be under oath to the faithful discharge of the
duties of their offices respectively.

Sect. 7. Be it further enacted. That said corporation may By-lawa,
make by-laws for the more orderly management of their business :
provided, the same be not repugnant to the constitution and laws
of this Commonwealth ; and the Legislature may at any time
make such further regulations for the government of said institu^'
tion as they may deem expedient.

580

1827.-

-Chap. 7—9.

First meeting.

Legislative con-
trol.

Chap. 8.

1826 ch. 14.

Sect. 8. Be it further enacted^ That either of the per-
sons, named in the first section of this act, may, by public notifi-
cation in either of the Springfield newspapers, call the first meet-
ing of said corporation, at such time and place as he shall judge
proper.

Sect. 9. Be it further enacted^ That the Legislature may,
at any time hereafter, alter, amend, or repeal this act. [June
16, 1827.J

An Act to amend an Act entitled "An Act to establish the Boundary Line between
the towns of South HadJey and Granby, in the county of Hampshire," passed June,
1826.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
Boundary line. That, from and after the passing of this act, the boundary line be-
tween the towns of South Pladley and Granby, in the county of
Hampshire, shall be known, fixed, and established as follows, viz:
beginning at a pine tree, now a boundary between said towns,
standing in the northerly line of the town of Springfield, thence
running north, seven degrees west, to Stony brook, thence north-
erly, in a straight line, to the present boundary between the house
lot of Eleazer and Nathaniel Nash, and the lot of Seth Moody.
[June 16, 1827.]

Chap. 9.

Persons incor-
porated.

Powers and du-
ties.

1808 ch. 65,

Real and per-
sonal estate.

First Meeting.

An Act to incorporate the Uxbridge Woollen Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Amariah Chapin, George Willard, Royal Oha-
pin, and Osmus Taft, with such others as have already associated,
or may hereafter associate with them, their successors and as-
signs, be, and they are hereby made a corporation, by the name
of the Uxbridge Woollen Manufacturing Company, for the pur-
pose of manufacturing cloths and woollen goods, in the town of Ux-
bridge, in the county of Worcester, and, for that purpose, shall
have all the powers and privileges, and be liable to all the duties
and requirements, contained in an act, entitled " an act defining
the general powers and duties of manufacturing corporations,"
passed the third day of March, in the year of our Lord one
thousand eight hundred and nine, and the several acts in addition
thereto.

Sect. 2. Be it further enacted. That said corporation may
be lawfully seized and possessed of such real estate, not exceed-
ing in value fifty thousand dollars, and such personal estate, not
exceeding in value one hundred thousand dollars, as may be ne-
cessary and convenient for carrying on the manufactures atoresaid.

Sect. 3. Be it further enacted. That any one or more of
the persons above named are hereby authorized and empowered
to call the first meeting of the members of said corporation, at
such time and place as he or they may see fit to appoint, by giv-
ing ten days notice thereof, either by personal notification or oth
erwise. [June 16, 1827.]

1827. Chap. 10. 581

An Act to incorporate the Berkshire Fire Insurance Company. ChCLT). 1 0»

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Edward A. Newton, Henry Sliaw, Theodore Persons incor-
Sedgwick, David Campbell, Jr., Lemuel Poineroy, Ezekiel R. P'"^''^*'''-
Colt, Henry W. Dwiglit, their associates, successors, and as-
signs, be, and they hereby are incorporated into a company and
body politic, by the name of the Berkshire Fire Insurance Com-
pany, for and during the term of twenty years from the passing of
this act, and by that name may sue and be sued, plead and be Powers,
impleaded, appear, prosecute, and defend to final judgment and
execution, and have a common seal, which they may alter at
pleasure ; and may purchase, hold, and convey any estate, real
or personal, for the use of said company : provided, they shall Real estate,
not hold real estate exceeding the value of ten thousand dollars,
excepting such as may be taken for debt, or hekl as collateral se-
curity for the debts due to said company.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said company shall be one hundred thousand dollars, divided into
shares of one hundred dollars each, fifty per centum of which
shall be paid in money, within ninety days from the first meeting
of said company, and the residue in one year from and after the
first meeting of said company.

Sect. 3. Be it further enacted. That the stock, proper- Number of di-
ty, affairs and concerns of the said company shall be managed and ""cctors.
conducted by seven directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until others
are chosen, and no longer ; and shall, at the time of their elec-
tion, be stockholders of said company, and citizens of this Com-
monwealth, and shall be elected annually, on the first Monday of Annual meet-
October, at such lime of the day, and at such place in the town '"^•
of Pittsfield, as a majority of the directors for the time being shall
appoint ; of which election public notice shall be given in any
newspaper printed in said town, for the space of ten days imme-
diately preceding such election ; the election shall be made by
ballot by a majority of the stockholders present, allowing one vote R-'ghi to vote.
to each share in the capital stock : provided, no stockholder shall
be allowed more than ten voles ; and the stockholders not pres-
ent may vote by proxy, under such regulations as the said com-
pany shall prescribe ; and if, through any means, the directors
should not be chosen as aforesaid, it shall be lawful to choose
them, in manner aforesaid, on any other day.

Sect. 4. Be it further enacted, That the directors, so cho- Eiectionof
sen, shall meet as soon as may be after their election, and choose P''^s"*^"*-
by ballot, out of their number, one person to be president, who
shall be sworn faithfully to discharge the duties of his office ; and,
in case of death or resignation of the president, the directors may,
in manner and form as above prescribed, proceed to fill such
vacancy.

Sect. 5. Be it further enacted. That the president and three Board fortraus-
of the directors, or four of the directors in the absence of the ^*^ '"^

582

1827.-

-Chap. 10.

By-laws.

Proviso.

Limitation of
risks.

Corporation
sliall not deal in
merchandize.

Liability of the
president and
directors.

Statement of
profits.

president, shall be a board competent for the transaction of busi-
ness ; all questions before them shall be decided by a majority of
votes ; they shall have power to make and prescribe such by-
laws, regulations and rules as to them shall appear needful and
proper, in respect to the management and disposition of the stock
and property of said company, and the transler of shares therein,
and the powers, duties and conduct of the several officers, clerks,
and servants employed in the service of the company, and the
election of directors, and the making of policies, and all such
matters as appertain to the business of insurance, or the interest
of the company : provided, such by-laws, rules and regulations be
not repugnant to the constitution and laws of this Commonwealth.
And they shall also have power to appoint a treasurer, secretary,
and such other officers as may be deemed needful. And they
shall also have power and authority, in behalf of said company,
to make insurance on any property or buildings, against any dam-
age by fire, originating in any cause except design in the insured,
for such time, and on such conditions, as the parties may agree
to : provided, the company shall not insure, on any one risk, more
than ten per centum on the capital stock actually paid in : and
provided, also, that said company shall not take any risk, or sub-
scribe any policy, until one moiety of the capital stock of said
company shall have actually been paid in. And all policies of
insurance by them made, shall be subscribed by the president,
or two of the directors, and countersigned by the secretary, and
shall be binding upon the company, and have the like effisct and
force as if under the seal of the said company ; and all losses
duly arising under jiolicies so subscribed, may be adjusted and
settled by the president and board of directors, or such agent as
they shall authorize, and such adjustment shall be binding upon
said company.

Sect. 6. Be it further enacted. That the said company
shall not, directly or indirectly, deal or trade in buying or selling
any goods, wares, merchandize, or commodities whatever.

Sect. 7. Be it further enacted, That in case of an}' loss
or losses taking place, which shall be equal to the amount of the
capital stock of said company, and the president and directors, after
knowing of such loss or losses taking place, shall subscribe to any
policy of assurance, their estate, jointly and severally, shall be
accountable for the amount of any and every loss which shall take
place under policies thus subscribed. And the president and di-
rectors shall cause to be printed or written, on any policy they
shall make, the amount of the capital stock, and the largest sum
they take on a risk.

Sect. 8. Be it further enacted, That once in three years,
and oftener if required by a majority of the votes of the stock-
holders, the directors shall lay before the stockholders, at a gen-
eral meeting, an exact and particular statement of the profits, if
any there be, after deducting losses and dividends, and the com-
pany shall, when required, lay before the Legislature, a statement
of their affairs under oath.

1827. Chap. 10—12. 583

Sect. 9. Be it further enacted, That it shall bo the duty Semi-annual
of the directors, on the first Monday of May and October, in ^'^"^^■"^''•
every year, to make dividends of so much of the interest arising
from the capital stock, and of the profits of said company, as to
them shall appear advisable ; but the monies received, and the
notes taken for premiums of risks, which shall be undetermined
and outstanding at the time of making such dividends, shall not be
considered as part of the profits of said company ; and, in case of
any loss whereby the capital stock shall be lessened, no subse-
quent dividend shall be made, until a sum equal to such diminu-
tion shall have been added to the capital.

Sect. 10. Be it further enacted, That any three of the per- First meeting.
sons named in the first section of this act are hereby authorized
to call a meeting of the said company, in Pittsfield, by adverti-
sing the same, for the purpose of electing the board of directors,
who shall hold their offices until another board shall be chosen.

Sect. 11. Be it further enacted, That no transfer of the Stock not trans-
stock siiall take place within one year from the passing of this '^"^^^'^ "'"'""
act ; and that if the provisions of this act shall not be complied with
in one year from the first meeting, then the same shall be void.

Sect. 12. Be it further enacted, That the said company Liability to
shall be liable to be taxed by any general law providing for the
taxation of all similar institutions. [June 16, 1827.]

An Act in addition to an Act entitled "An Act to incorporate the Trustees of the Min- (^Jinj) 1 1
isterial Fund of the Congregational Union Society in Amherst." -* '

BE it enacted by the Senate and House of Representatives, ~ ^ ■
in General Court assembled, and by the authority of the same.
That no alteration or revision in the act to which this is in addi- Appropriation
tion, shall ever be made so as to alter the appropriation of said o'''""dsiiot to

/•I 1 r- I 1 '. , be altered.

lund, or any part or parts thereol, made by the donors, grantors
or devisors respectively ; but such appropriation shall remain
permanent and unalienable ; and, in case of a different apjoropria-
tion, such part or parts of said fund, thus alienated, shall revert
to the original grantor, donor or devisor, any thing in the act
aforesaid to the contrary notwithstanding. [June 16, 1827.]
Add. act, 18.30 ch. 107.

An Act to incorporate the Proprietors of the Meeting-house of the Third Religious So- /^A^/^ 1 O
ciety in Longmeadow. KylvUJJm 1 .t>.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority oj
the same, That Joseph W. Cooley, Silas Hall, ,Tohn Hall, Noah Persons incor-
Pratt, Ethan Taylor, and Stephen Taylor, with all others who pofated.
have associated, or may hereafter associate with them, for the
purpose of building a meeting-house, their successors and assigns
be, and they hereby are incorporated, by the name of " The Pro-
prietors of the Meeting-house of the Third Religious Society in
Longmeadow," and by that name may sue and be sued, and may General pow-
have and use a common seal, and may ordain and establish such
by-laws and regulations as to them may seem necessary and con-
venient for the government of said corporation : provided, such

ers.

584

1827.-

■Chap. 12.

Real and per-
sonal estate.

Shares.

Shares may
be sold in case
of delinquency

Annual ineet-

Riffhl of votinE

Records and
transfer of
shares.

First meeting

by-laws and regulations shall not be repugnant to the constitution
and laws of this Commonwealth.

Sect. 2. Be it further enacted, That the said corporation
may purchase and hold real and personal estate, including the
meeting-house, and land under the same, not exceeding five thou-
sand dollars, and shall divide the same into shares, the number of
which shall not be less than two hundred, nor more than five hun-
dred ; and may make and impose all necessary assessments on
such shares : provided, that this act may be modified or repealed
at any time hereafter, if, in the opinion of the Legislature, it shall
be deemed expedient.

Sect. 3. Be it further enacted, That, whenever any propri-
etor shall neglect or refuse to pay any assessment, legally made
upon his share or shares, to the treasurer of said corporation,
wiiliin thirty days after the same shall be made payable, the said
treasurer is hereby authorized to sell at public vendue the share
or shares of such delinquent proprietor, or so many of them as
ma} be necessary to defray such assessment, and all charges, after-
posting notice of the time, place, and cause of such sale, at two
or more public places in Longmeadow, and also on the door of
the meeting-house, in case one shall have been erected and stand-
ing, at least thirty days before such sale, and to make and exe-
cute a deed or deeds thereof to the purchaser or purchasers, and
after deducting the amount of such delinquent's assessment, and
necessary incidental charges, the said treasurer shall pay the sur-
plus, if any there be, to such delinquent proprietor, or the said
treasurer may sue and prosecute to final judgment and execution,
any such delinquent proprietor, for any tax or assessment due and
payable on any share or shares of such delinquent proprietor.

Sect. 4. Be it further enacted, That there shall be an an-
nual meeting of the said proprietors in the month of March or
April, at which they shall elect, by ballot, a president, clerk,
treasurer, and five trustees, of whom the president shall be one,
and the treasurer and clerk shall be sworn to the faithful discharge
of their respective trusts ; and at such meeting, each proprietor,
or his agent duly authorized in writing, shall be entitled to as
many votes as he holds shares : provided, that no one person shall
be entided to more than ten votes.

Sect. 5. Be it further enacted, That it shall be the duty of
the clerk to keep a record of all the proceedings of said corpora-
tion, and of all shares and transfers of shares, and to grant certifi-
cates thereof to said proprietors ; and the shares may be trans-
ferred under the hand and seal of the proprietors, by transfer en-
dorsed on the back of such certificate.

Sect. 6. Be it further enacted, That any justice of the
peace for the county of Hampden may issue his warrant to any
one of said proprietors, for the purpose of calling the first meet-
ing to elect officers, and organize said corporation at such con-
venient time and place as he shall direct ; the meeting to be
warned as he shall therein order ; at which meeting said proprie-
tors may agree upon the manner of calling future meetings. [June
16, 1827.]

1827. Chap. 13, 686

An Act relating to tlie appointment of Enginemen in the town of Salem. ChciV. 13.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled^ and by the authority of
the same, That the firewards of the town of Salem be, and they Engincmen to
are hereby authorized and required to exercise all the powers, firewards,'* ^
and to perform all the duties in relation to the nomination and ap-
pointment of enginemen, which the selectmen of the said town
have been heretofore authorized and required to exercise and per-
form ; and enginemen, appointed by the said firewards, shall be
subject to the same duties, and entitled to the same privileges and
exemptions, as enginemen heretofore appointed by the said se-
lectmen.

Sect. 2. Be it further enacted. That the said firewards Number of en-
be, and they are hereby authorized, if they shall judge it expedi- flay^beVp-^*
ent, to nominate and appoint any number of enginemen, in addi- pointed.
tion to the number now authorized by law, not exceeding in the
whole forty-five men for each and every hydraulion or suction
engine, thirty men for each and every common engine, four men
for each hose carriage, twenty men for each sail carriage, twenty
men to be employed as a hook and ladder company, and twenty-
five men to be employed as a hose company. And the said en- Companies may
ginemen are authorized to organize themselves into distinct com pa- and°rure"s eltab-
nies, under the direction of the firewards, to elect directors, clerks, lished.
and other officers, to establish such rules and regulations as may
be approved by the firewards, and to annex penalties to the same,
which may be recovered by the clerk of any company, so organ-
ized, before any justice of the peace in the county of Essex :
provided, that no penalty shall exceed the sum of ten dollars, and
that such rules and regulations shall not be repugnant to the con-
stitution and laws of this Commonwealth.

Sect. 3. Be it further enacted, That the said firewards Firewards to
shall have the care and superintendence of the public pumps and pumps" engines,
cisterns, and also of the public engines, hose and sail carriages, &c.
fire hooks and ladders, together with the fixtures and appendages
thereto belonging ; and shall cause the same to be kept in good
repair, and may, from time to time, make such alterations and
improvements therein as they shall deem expedient.

Sect. 4. Be it further enacted. That the inhabitants of inhaiiitants may
the said town of Salem, at their annual meeting in the month of mtte'° of fire"""
March, may, if they shall judge it expedient, appoint a commit- vvards.
tee, consisting of five firewards, who shall exercise all the pow-
ers, and perform all the duties which the firewards are by this act
authorized to exercise and perform.

Sect. 5. Be it further enacted, That, if any person shall. Penalty for
within the said town of Salem, wantonly or maliciously spoil, J^^pump'r^en^
break, injure, damage, or render useless, any public pump or cis- gines, &.c.
tern, or any engine, hose carriage, or sail carriage, or any fixture
or appendage thereto belonging, and shall be convicted thereof
before the supreme judicial court, he shall be punished by a fine
not exceeding five hundred dollars, or by imprisonment, not ex-
ceeding two years, at the discretion of the court, and be further

VOL. VI. 74

586 1827. Chap. 13—15.

ordered to recognize, with sufficient surety or sureties, for his good
behaviour, for such term as the court shall order. [June 16,
1827.] Add. act, 1834 ch. 16.

Chan 1 4< ^^ ^^^ '° incorporate the Proprietors ol' the Tremont Theatre.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
Persons incor- the same. That Thomas H. Perkins, Edward D. Clark, Charles
porated. Y. Kupfer, Thomas Brewer, John Redman, and Ohver Mills,

and all such persons as are, or may be associated with them for
the purpose of erecting and keeping a theatre in Boston, and
their successors, be, and they hereby are made a corporation, by
Powers and the name of the Proprietors of the Tremont Theatre ; and, by
privileges. jj^gj name, they may sue and be sued, have a common seal, and
have and enjoy all the powers and privileges, and be subject to
all the duties incident to corporations, and they shall have power
to make, and at their pleasure to alter, such by-laws for the man-
agement and regulation of their corporate property and concerns,
as to them may appear expedient : provided, the same be not re-
pugnant to the constitution or laws of this Commonwealth.
Real and per- Sect. 2. Be it further enacted, That said corporation be
sonal estate. authorized to purchase, take, and hold the land on which said
proprietors are now erecting a theatre on Common street in the
city of Boston ; and such other real and personal estate as may
be the necessary and proper appendages of a theatre ; and man-
age and direct the operations of ihe same as a corporate body :
provided, the whole real estate shall not exceed one hundred
thousand dollars, and the personal estate shall not exceed fifty
thousand dollars.
Shares, and the Sect. 3. Be it further enacted, That the said corporate
transfer thereof, pj-operty shall be divided into shares of equal value, and no trans-
fer of a share shall be valid, until such transfer be recorded by
the clerk of the corporation ; and such shares may be attached
on mesne process, and taken and sold on execution, according
to law.
First meeting. Sect. 4. Be it further enacted. That any one or more of
the persons, named in the first section of this act, be authorized
to call the first meeting of said proprietors, for the purpose of
organizing the corporation, to be holden at such time and place
as he or they shall appoint, by giving ten days notice thereof, in
an advertisement, to be published in one or more of the Boston
newspapers.
Legislative con- Sect. 5. Be it further enacted. That this act may be altered,
trol. amended or repealed, at the discretion of the Legislature. [June

16, 1827.]

r^hn 1 f> ■'^" ^^^ '° incorporate the Phoenix Fire Insurance Company in Boston.

"' ' Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
Persons incor- ^^^ Same, That Joseph Otis, Samuel Billings, Caleb Andrews,
porated. Edward Clark and Ralph Haskins, with their associates, succes-

sors and assigns, be, and they are hereby incorporated into a

1827. Chap. 15. 587

company and body politic, by the name of the Phoenix Fire In-
surance Company, with the power to insure buildings and prop-
erty against fire ; and to be governed and controlled by the pro- Powers,
visions, contained in a law of this Commonwealth, entided "an I8i7ch. 120.
act to define the powers, duties and restrictions of insurance
companies," passed the sixteenth day of February, in the year of
our Lord one thousand eight hundred and eighteen, so far as they
may apply to a corporation established for die sole purpose of
insuring against the risk of fire ; and with authority to make in-
surance against fire, on buildings, machinery, and stock employed
in manufacturing, and on dwelling-houses, and all other buildings
and property liable to be burned and injured by fire, for and dur-
ing the term of twenty years after the passing of this act ; and by
that name may sue and be sued, plead and be impleaded, appear,
prosecute and defend to final judgment and execution ; and may
have a common seal, which they may alter at pleasure ; and may
purchase, hold and convey any estate, real or personal, for the Real estate.
use of said company : provided, their real estate shall not exceed
the value of thirty thousand dollars, excepting such as may be
taken for debt, or held as collateral security for monies due said
cotnpany.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said company shall be three hundred thousand dollars, which shall
be divided into shares of one hundred dollars each, fifty per cen- shares, and
turn of which shall be paid in money, within ninety days after the how paid,
first meeting of said company, and the residue thereof, in such
instalments, and under such penakies, as the president and direc-
tors shall, in their discretion, direct and appoint, within one year
from the passing of this act.

Sect. 3. Be it further enacted, That the property, afi^airs Number of di-
and concerns of said company shall be managed and conducted sectors,
by nine directors, one of whom shall be president thereof, who
shall hold their offices for one year, and until others are chosen,
and who shall be stockholders in said company, and citizens of
this Commonwealth, at the time of their election, which shall be Annual meet-
on the third Tuesday of June in every year, at such lime of the '"^•
day, and place in Boston, as a majority of the directors for the
time being shall appoint, notice of which election shall be given in
two newspapers, printed in Boston, at least ten days previous to the
election, which shall be made by written ballot, and by a majority
of the votes of the stockholders present, allowing one vote for Right of voting,
each share in the capital stock : provided, that no stockholder
shall be allowed more than thirty votes ; and absent stockholders
may vote by proxy ; and if, from any cause, the directors shall
not be chosen on the third Tuesday in June as aforesaid, it shall
be lawful to choose them on any other day, in the manner herein
provided.

Sect. 4. Be it further enacted. That the said directors shall Election of
meet as soon as may be, after every election, and choose, from P'"esident.
their own board, one person to be president, who shall be sworn
to the faithful discharge of the duties of his office : and every

588

1827.-

Chap. 15 — 16.

Board for trans-
acting business,

By-laws.

Proviso.

First meeting.

Limitation of
risks.

Liability to be
taxed.

vacancy in the office of president, or director, that may occur in
the interim of the annual meetings, may be filled by the surviving
and continuing directors.

Sect. 5. Be it further enacted, That the president and four
directors, or five directors, in the absence of the president, shall
be a board competent to transact the business of the company ;
and all questions before them shall be decided by a majority of
the board ; and they shall have power to make such rules and
by-laws, as they may deem proper, for the management of the
affairs and security of the property of said company, and have
power to appoint a secretary, and such other officers as they may
deem expedient, and make such compensation as they may think
adequate to the services performed : provided^ such rules and
by-laws be not repugnant to the constitution or laws of this Com-
monwealth.

Sect. 6. Be it further enacted, That any two of the per-
sons named in this act, are hereby authorized to call a first meet-
ing of this Company, for the purpose of organizing, and putting
the same into operation, by giving notice in two newspapers,
printed in Boston, three days previous to the time of holding said
first meeting.

Sect. 7. Be it further enacted, That the said company shall
never take, on any one risk, a sum exceeding ten per centum of
the capital stock of said company actually paid in, agreeably to
the provisions of this act.

Sect. 8. Be it further enacted, That said Phoenix Fire In-
surance Company shall be liable to be taxed by a general law
providing for the taxation of all similar corporations.

Sect. 9. Be it further enacted, That said company shall
not take any risk, or subscribe any policy, until one moiety of
the capital stock of said company shall actually have been paid in.
[June 16, 1827.]

Chap, 16.

Persons incor-
porated.

Powers and du-
ties.

1808 ch. 65.

Real and per-
sonal estate.

An Act to incorporate the Saugus River Bleaching and Printing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William True and Daniel D. Brodhead, to-
gether with their associates, and such others as may hereafter
associate with them, and their successors and assigns, be, and
they are hereby incorporated, by the name of the Saugus River
Bleaching and Printing Company, for bleaching cotton goods,
and printing calicoes, at their manufactory in the town of Saugus,
and for this purpose shall have all the powers and privileges, and
shall also be subject to all the duties and requirements, prescribed
and contained in an act, passed in the year of our Lord one thou-
sand eight hundred and nine, entitled " an act defining the general
powers and duties of manufacturing corporations," and also the
several acts supplementary thereto.

Sect. 2. Beit further enacted. That the said corporation
may be lawfully seized of such real estate, not exceeding the
value of eighty thousand dollars, and of such personal estate, not

1827. Chap. 16—20. 589

exceeding one hundred thousand dollars, as may be necessary
and convenient for carrying on the manufactory aforesaid. [June
16, 1827.]

An Act in addition to an Act, entitled "An Act establishing the Fifth Massachusetts CJhnr) 17
Turnpike Corporation," and llie several acts in addition thereto. -T *

Sect, 1. BE it enacted by the Senate and House of Rep- (v. 2.^-295.)
resentatives^ in General Court assembled, and by the authority of isoo ch. so, 34,
the same, That the Fifth Massachusetts Turnpike Corporation 4^405,%^.')
be, and they hereby are authorized and empowered to locate and I802ch.66.
make a piece of road from the liouse of Isaac Hasling, in the jgosch. 23?
town of Warwick, across land of James Goldsbury, and of Amos (v. 3. p. 217.)
Taylor, or either of them, and down the gulf road, so called, jglschlo.
northerly from the meeting-house in said Warwick, to the place Authorized to
at which the said gulf road intersects the branch of said turnpike, make road,
which leads from the tavern of Moses Smith, in Orange, to
Winchester, near a brick school-house, and when said new piece
of road shall be made and accepted by a conimitlee to be appoint-
ed for that purpose, by the court of common pleas for the county
of Franklin, so much of said branch leading to Winchester, as Road discontin-
ues between said Smith's house, and the point of intersection "®^-
with the said gulf road, shall be discontinued as part of said turn-
pike, and said corporation be exonerated from all burthen of
supporting and repairing the same, and shall be holden and bound
to maintain and support instead thereof the said piece of road
hereby authorized to be made.

Sect. 2. Be it further enacted, That the said Fifth Mas-
sachusetts Turnpike Corporation shall be subject to all the duties,
requirements and penalties, prescribed and contained in an act,
entitled "an act defining the general powers and duties of turn- 1804 ch. 125.
pike corporations," and the several acts in addition thereto, in
reference to so much of said turnpike, as is by this act authorized
to be made. [June 16, 1827.]

An Act to change the names of the several persons therein described. CflCtTJ, 20.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That, from and after the passing of this act, the several persons
named herein shall be known and called by the names they are
hereby respectively allowed to assume, viz : that John Picket Names
Pierce, of Newburyport, may take the name of John Bounds changed.
Pierce ; that Betsey Kerer Currier, of Rowley, may take the ^^^^*-
name of Eliza Matilda Currier ; that Winthrop Thing, of Box-
ford, may take the name of Winthrop Varnum ; that George
Pike, of Rowley, may take the name of George Washington
Pike ; that Austin Kilham, of Beverly, may take the name of
Austin Daniel Kilham ; that Peter Lander, 3d, of Salem, may
take the name of William P. Lander ; that David Hopkinson, of
Bradford, may take the name of David Warren Hopkinson, — all
of the county of Essex ; — that Susan Harrington may take the Suffolk,
name of Susan Forbush ; that Mary Hall may take the name of
Mary Doggett ; that Mary Ann Converse may take the name of

590

1827..

■Chap. 20—21.

Middlesex.

Worcester.

Norfolk.

Plymouth.
Hampshire.

Cliap.2\.

Persons incor-
porated.

Powers and
duties.

1808 ch. 63.

Real and per-
sonal estate.

First meetin"

Mary Ann Sylveira ; that James Harrison Flinn may take the
name of James Flinn Harrison ; that Charles Hatslat may take
the name of Charles Wade ; that Geor2;e Wright may take the
name of George Tyler Wright ; that Elisha Leighton Fogaiy
may take the name of Elisha Perkins Leighton, — all of Boston,
in the county of Suffolk : — that Joshua Walter Hosley, of Pep-
perell, may take the name of Samuel Walter Hosley ; that
Thomas Emerson, 3d, of South Reading, may take the name of
Thomas Rayner Emerson, — all of the county of Middlesex ; —
that Charles Heald, of Millbury, may take the name of Charles
Hale : that Caleb Nanscawen, of Oxford, may take the name of
Caleb Howe ; that Samuel Reed Puffer, of Westminster, may
take the name of Samuel Pufier ; that Joseph Hildrelh, Jr., of
Bolton, may take the name of Joseph Sullivan Hildreth, — all of
the county of Worcester ; — that Ivory Colomey, of Dorchester,
may take the name of Ivory Boylston ; that Edwards Park, of
Stoughton, may take the name of Edwards Amasa Park, — all of
the county of Norfolk ; — that .laiTies M. Tappan, of Hanover, in
the county of Plymouth, may take the name of Morss Tappan ;
that William Foote White, of Chesterfield, in the county of
Hampshire, may take the name of Sylvanus W^hite ; and that
Joseph Sylvanus White, of the same Chesterfield, may take the
name of William Foote White ; and the several persons herein
named shall hereafter be called and known by the name which,
by this act, thev are respectively allowed to assume. [June 16,
1S27.]

An Act to incorporate the Boston and Stoneham 3Iarble Company.

Sect. 1. BE it enacted by the Senate ayid House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Samuel D. Ward, John S. Wright, Henry A.
Ward, .John Rogers, Joseph G. Joy, Samuel R. M. Hol-
brook, and John G. Rogers, with their associates, successors and
assigns, be, and they hereby are made a corporation, by the
name of the " Boston and Stoneham Marble Company," for
the purpose of digging, quarrying and manufacturing marble, in
the town of Stoneham, in the county of iNIiddlesex ; and for
this purpose shall have all the powers and privileges, and be
subject to all the duties and requirements, contained in an act,
passed on the third day of March, in the year of our Lord one
thousand eight hundred and nine, entitled " an act defining the
general powers and duties of manufacturing corporations," and
the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corpora-
lion may hold and possess such real estate, not exceeding in
value the sum of fifty thousand dollars, and such personal estate,
not exceeding in value the sum of fifty thousand dollars, as
may be necessary and convenient for the purposes aforesaid.

Sect. 3. Be it further enacted, That any two of the per-
sons, named in said act of incorporation, be, and they are hereby
authorized to call the first meeting of said corporation, by giving

1827. Chap. 21—24. 591

notice of the time and place of meeting, in some public news-
paper, printed in the city of Boston, at least seven days before
the time of said meeting. [June 16, 1827.]

An Act in addition to an Act, entitled " An Act to unite the towns of Digiiton and C/Jmr), 22.
Wellington, in the county of Bristol." ■*

Sect. 1. BE it enacted by the Senate and House of Rep- }82Gc1i los"
resentatives, in General Court assembled, and by the authority of
the same, That the town of Wellington be, and the same is Town of Wei-
hereby revived, and shall continue to exist one year from the lington revived,
passing of this act, for the purpose of adjusting its corporate
concerns, and for no other purpose.

Sect. 2. Be it further enacted, That any justice of the First meeting.
peace for the county of Bristol, is hereby authorized to issue
his warrant to any freeholder resident wiiliin the late corpora-
tion of Wellington, requiring him to warn the inhabitants thereof
to meet at the titne and place therein appointed, for the purpose
of choosing such officers as may be necessary to carry into ef-
fect the objects of this act. [June 16, 1827.]

An Act authorizing an extra term of the Court of Sessions in the County of Barnsta- (Jfinr) 23

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That there shall be an extra term of the court of sessions at Extra term au-
Barnstable, in the county of Barnstable, on the last Tuesday of thorized.
January current, and that the justices of said court be, and they
are hereby empowered, at said term, to make out a new esti-
mate for a county tax for said county, and to make such orders,
and take such measures, as to them may seem proper, respect- "

ing the erection of any county building or buildings, and to act
upon such other subjects as may then come before them, in
consequence of the late destruction by fire of the public records
and county building of that county, in the same way and man-
ner as they might act thereon at any stated term of said court :
provided, that all other matters within the jurisdiction of said Proviso,
court, and all matters now pending in said court, shall be heard,
proceeded in and determined, as if this act had not been passed.
[Jan. 16, 1828.]

An Act in addition to the several Acts incorporating the President, Directors and f^hnrt '^A
Company of the Asiatic Bank. l^nUj[J. ^^.

Sect. 1. BE it enacted by the Senate and House of Rep- Ig^sch'tes
resentatives, in General Court assembled, and by the authority 1826 ch. G9.
of the same. That the capital stock of the Asiatic Bank be ^ ■, ] gtotk
three hundred and fifty thousand dollars, divided into seven simr^&c
thousand shares of fifty dollars each ; and that three months from
and after the passing of this act, be allowed for the payment
into said bank, of all assessments due on said shares.

Sect. 2. Be it further enacted. That all acts, and parts of Repeal,
acts, inconsistent with the provisions of this act, be, and the
same are hereby repealed. [Jan. 28, 1828.] Add. acts, 1829
ch. 75 : 1830 ch. 58.

592

1827.

-Chap. 25.

Chap. 25.

Persons
porated.

Estate.

By-laws.

An Act to incorporate the Proprietors of Haverhill Academy.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Hiram Plummer, Warner Whittier, Jonathan K.
Smith, James H. Duncan, John Dow, William Caldwell, to-
gether with such other persons as are, or hereafter may be as-
sociated with them, and their successors and assigns, shall be a
corporation, by the name of " the Proprietors of Haverhill
General powers. Academy," and by that name may sue and be sued, plead and
be impleaded, to final judgment and execution, and may have a
common seal, and may purchase and hold any real or personal
estate not exceeding thirty thousand dollars in value, inclusive
of any buildings and the land attached thereto, for the immedi-
ate use of said academy : provided, the annual income shall not
exceed ten thousand dollars, and may, at any legal meeting,
make and establish rules, orders and by-laws, for the well or-
dering and governing the affairs of said corporation : provided,
the same are not repugnant to the laws of this Commonwealth ;
and may annex penalties for the breach of any such rules, or-
ders, or by-laws, provided the same shall not exceed five dol-
lars ; and the said corporation are hereby vested with all the
powers necessary for carrying into effect the purposes of this
act.

Sect. 2. Be it further enacted, That the property of
said corporation shall be divided into shares, and the proprietors
of said shares, at any legal meeting, may, by vote, determine
the disposition or appropriation of the property of said corpo-
ration ; and may make assessments upon the shares for the use
of said corporation, and the same collect in such way and man-
ner as may be agreed upon : and all votes shall be determined
by a majority of the voters present, counting one vote for each
share : provided, no one member in his own right shall have
more than five votes ; and the shares of any proprietors who
shall be delinquent in paying any assessment, may be sold at
auction for the payment thereof, by the person appointed to col-
lect the same, giving at least fourteen days notice in some pub-
lic newspaper printed in Haverhill, or by posting notifications
at two or more public places in Haverhill, of the time and
place of sale ; and, after paying the assessments, and all the ne-
cessary incidental charges, the overplus money, if any, arising
from the sale, shall be paid to the delinquent proprietor ; and
the shares in said corporation shall be deemed personal estate,
and shall be liable to attachtnent and payment of debts in the
same way and manner as is provided for by the " act directing
the mode of attaching on mesne process, and selling, by exe-
cution, shares of debtors in incorporated companies ;" and the
proprietors may establish the manner of transferring the shares
in said corporation.
Appointment of Sect. 3. Be it further enacted, That said corporation
officers, &c. may appoint all such necessary officers, and for such term of
time, and with such authority as by their by-laws they may es-

Shares.

Assessments.

Rigrlit of votins

Shares of de-
linquents may
be sold.

1804 ch. 83.

1827. Chap. 25—28. 593

tablish for the due management of the affairs of the corporation,
and the care and regulation of the school ; and no vote of the
proprietors at any meeting shall be deemed valid, unless the sub-
ject matter thereof shall be inserted particularly in the notifica-
tion for calling the meeting.

Sect. 4. Be it further enacted, That Moses Wingate, First meeting.
Esquire, be empowered to call the first meeting of said proprie-
tors, by giving at least fourteen days notice in some public news-
paper printed in Haverhill.

Sect. 5. Be it further enacted, That the Legislature of Legislative
this Commonwealth shall have power, at any time hereafter, to •^<'""'°'-
alter or repeal this act. [Jan. 28, 1828.]

An Act in addition to an Act, entitled " An Act to incorporate the Tliird Congrega- ^j ory

tional Society in Cambridge." KyllCip* Z> I .

Sect. 1- BE, it enacted by the Senate and House of Repre- 1827 eh. 4.
sentatives, in General Court assembled, and by the authority
of the same, That the owners of a pew or pews in the meeting- vvho shall con-
house of said third congregational society in Cambridge, to- stitute corpora-
gether with the original shareholders therein, shall compose and '""'
constitute the corporation created by the act to which this is in
addition, and have all the rights and privileges of membership,
and may raise money by a tax on the pews in said meeting-
house, for the support of public worship therein, and defraying
other necessary expenses of said society, until the fifth and sixth
sections of said act of incorporation shall come into operation
by the sale or division of all the pews in said house, in conform-
ity to the fifth section of said act.

Sect. 2. Be it further enacted, That said society shall Exemption from
have the power by vote, and on such conditions as they shall *^^®^"
think expedient, to exempt from taxes both before and after said
fifth and sixth sections shall come into operation as aforesaid,
such of the original shareholders in, or subscribers to said meet-
ing-house, as may purchase pews therein, or invest their stock
in said meeting-house in pews, and all pews that shall remain un-
sold belonging to the shareholders, while and so long as the
pews owned by said shareholders or subscribers, shall remain un-
sold or unoccupied by them. [Feb. 1, 1828.]

An Act to establish the Wareham Iron Company. r^hnn '^fJ

Sect. 1. BE it enacted by the Senate and House of Repre- "'

sentatives, in General Court assembled, and by the authority of
the same. That Jared Pratt, Isaac Pratt, Charles Wilbar, Ben- p^^,^^^ .^^^^^
jamin Thompson, Newton Willey, Josiah L. James, Benjamin pora°e"d. '"'''""
Rodman and Nathan Caswell, together with such other persons
as have associated or may hereafter associate with them, their
successors and assigns, be, and they are hereby made a corpo-
ration by the name of the Wareham Iron Company, for the
purpose of rolling copper, and rolling and slitting iron, and man-
ufacturing bar iron, steel, anchors, nails, machinery and all other
modifications of iron, copper, and other metals, in the town
of Wareham, and for this purpose shall have all the powers,

VOL. VI. 75

594 1827. Chap. 28—30.

Powers and du
ties.

and privileges, and be subject to all the duties and requirements
contained in an act passed in the year of our Lord, one thousand
1808 ch. 65. eight hundred and nine, entitled " an act defining the general pow-
ers and duties of manufacturing corporations," and in the several
acts passed in addition thereto.
Real and per- Sect. 2. Be it further enacted, That the said Wareham
sonal estate. Iron Company in their corporate capacity, may lawfully hold
and possess all such real and personal estate, as may be neces-
sary and convenient for carrying on the said manufactures, and
the conducting their said business : ■provided, the value of such
real estate shall not exceed one hundred and fifty thousand dol-
lars, and the value of such personal estate shall not exceed two
hundred thousand dollars. [^Feh. 1, 1828.]

f^hnn '^Q A" ^^'^ in addition to an Act entitled " An Act to incorporate the trustees of the Min-
l^uajJ. ^.iJ. j^ig^g, py^j i„ ,,jg ^^^^ ^f Berkley."

1813 ch. 3. Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled, and by the authority of

Ministerial fund, ^/le same, That an act, entitled " An Act to incorporate the
trustees of the Ministerial Fund in the town of Berkley," passed
June the ninth in the year of our Lord, one thousand eight hun-
dred and thirteen, shall be so construed, as to place the said
ministerial fund within the control, and subject to the manage-
ment of the congregational society in the town of Berkley.

Accountability Sect. 2. Be it further enacted. That the trustees of said

01 trustG6s. /• . .

fund, and their successors in office, shall be held accountable to
the said congregational society only, and not to the town.
Legislative con- Sect. 3. Be it further enacted. That this act may be alter-
ed, amended, or repealed, at the pleasure of the Legislature.
l^Feb. 1, 1828.] Add. act, 1832 ch. 30.

f^hfirt Sn ■^" ^^"^ altering the Dividing Line between the towns of Southampton and Easthamp-

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
Boundary line. That the dividing line between the towns of Southampton and
Easthampton be altered as follows, that is to say : beginning at
the northwest corner of Hervey Coleman's land, at a stake and
stones, in the existing line between said towns, thence on the line
between land of said Coleman and the heirs of Solomon Clapp,
deceased, south, sixty-nine degrees east, eighteen rods, thence
south, forty-eight degrees east, five rods and nineteen links, to land
of Worcester Avery, thence between the said Avery's and said
Coleman's land, south, nineteen and one half degrees west,
twenty-nine rods, to land of Samuel Coleman, thence between said
Coleman's and said Avery's land, north, eighty-nine and one half
degrees east, fifty-five rods and eleven links, thence south, thirty-
five and one half degrees east, twenty-nine rods, to the highway,
thence, on the highway aforesaid, south, seventy-one degrees
west, twenty-nine rods, to the northwest corner of Samuel Cole-
man's home lot, thence between said Coleman's and Spencer
Clapp's land, south, nineteen and one half degrees east, thirty-
six rods, to a pine tree, thence south, twenty-three and one half

1827. Chap. 30—33. 595

degrees east, to a pile of stones in the present line between said
towns, thence south, eighty-three and one half degrees east, fifty-
three rods and five links, to a stake and stones in the line between
said Coleman's land and the heirs of Solomon Clapp, thence
south, three degrees east, one hundred and seventeen rods and
five links to a stake and stones in the present line between said
towns. [Feb. 1, 1828.]

An Act in addition to an Act, entitled " An Act to incorporate certain persons as f^hn't) 31
Trustees of a Fund for the support of a Congregational Gospel Minister in the Soutii I ' '

Parish in Bridgevvater." 1802 ch. 4-7.

BE it enacted by the Senate and House of Representatives, (^- ^- P- ^^^
in General Court assembled, and by the authority of the same,
That from and after the passing of this act, the trustees of a Name altered.
fund for supporting a congregational gospel minister in the south
parish in Bridgevvater, shall take, and hereafter use and be known
by the name of the 'J'rustees of a Fund for the supportof a Con-
gregational Gospel Minister in the First Parish in Bridgevvater,
and the said trustees shall hold and exercise the same powers,
and be subject to the same liabilities, as they would have held,
exercised, and been subject to, had not the name of said trustees
been altered. [Feb, 1, 1828.]

An Act to incorporate the Boston Beer Company. C^hfLTi 32

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Gamaliel Bradford, Nathan Rice, Benjamin Persons incor-
Thaxter, and Elijah Loring, together with such other persons as pofated.
are, or may become associates with them, their successors, and
assigns, be, and they hereby are made a corporation, by the name
of the Boston Beer Company, for the purpose of manufacturing
malt liquors in all their varieties, in the city of Boston, and, for
that purpose, shall have all the powers and privileges, and be sub- Powers anddu-
ject to all the duties and requirements, contained in an act, passed ''^*-
on the third day of March, in the year of our Lord one thousand
eight hundred and nine, entitled "an act defining the general 18O8 ch. 65.
powers and duties of manufacturing corporations," and the sev-
eral acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may hold and possess such real estate, not exceeding in value the s°"^' estate,
sum of fifty thousand dollars, and such personal estate, not ex-
ceeding one hundred thousand dollars, as may be found necessary
and convenient for carrying on the manufacture of malt liquors in
the city of Boston. [Feb. 1, 1828.]

An Act to incorporate the WiUiamstown Manufacturing Company. Chart '^S

Sect. 1. BE it enacted by the Senate and House of Rep- ^'

resentatives, in General Court assembled, and by the authority of
the same. That Daniel Noble, Samuel Smith, Daniel N. Dewey, Persons incor-
Gershom T. Bulkley, together with such other persons as have porated.
already, or may hereafter associate with them, their successors and
assigns, be, and they hereby are made a corporation, by the name
of the WiUiamstown Manufacturing Company, for the purpose of

596

1827.-

■Chap. 33—35.

Powers and
duties.

1808 ch. 63.

Real and per-
sonal estate.

Chap. 34.

1823 ch. 129.

Valuation
altered.

Chap. 35.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

manufacturing cotton and wool, at Williamstovvn, in the county
of Berkshire, and, for this purpose, shall have all the powers and
privileges, and be subject to all the duties and requirements, con-
tained in an act, entided, " an act defining the general powers
and duties of manufacturing corj)oraiions," passed March third,
in the year of our Lord one thousand eight hundred and nine,
and the several acts in addition thereto.

Sect. 2. Be it further enacted, That said corporation may
be lawfully seized of such real estate, not exceeding the value of
twenty thousand dollars, and such personal estate, not exceeding
the value of thirty thousand dollars, as may be necessary for es-
tablishing and carrying on the manufacture of cotton and wool at
Williamstown aforesaid. [Feb. 1, 1S2S.]

An Act in addition to an Act entitled "An Act to alter the Division Line between
New Salem and Shutesbury."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That, in consideration of the territory and population by the
act aforesaid taken from the town of Shutesbury, and annexed
to the town of New Salem, the respective valuations of those
towns be so varied, that one fourteenth part of the valuation of
Shutesbury be taken from that town, and added to the valuation
of the town of New Salem, and the respective valuations, so va-
ried, shall be observed in all future assessments of state and
county taxes, until otherwise ordered by the General Court.
[Feb. 1, 1828.]

An Act to incorporate the Neponset Manufacturing Company.

Sect. 1 . BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Oliver Dean, Willard Sales, and Samuel A.
Hitchcock, together with such other persons as already have, or
may hereafter associate with them, their successors and assigns,
be, and they hereby are made a corporation, by the name of the
Neponset Manufacturing Company, for the purpose of manufac-
turing cotton at Walpole, in the county of Norfolk, and, for this
purpose, shall have all the powers and privileges, and be subject
to all the duties and requirements, contained in an act, entitled " an
act defining the general powers and duties of manufacturing cor-
porations," passed March third, in the year of our Lord one
thousand eight hundred and nine, and the several acts in addition
thereto.

Sect. 2. Be it further enacted. That said corporation may
be lawfully seized of such real estate, not exceeding the value of
forty thousand dollars, and such personal estate, not exceeding
the value of sixty thousand dollars, as may be necessary for es-
tablishing and carrying on the manufacture of cotton at Walpole,
aforesaid. [Feb. 1, 1828.]

1827. Chap. 36—39. 597

An Act in addition to an Act to iucorporiUc the President, Directors and Company of (JJinv) 36.
the Taunton Bank. I '

Sect. 1. BE it enacted by the Senate and House of Repre- '^iSch. 49.
sentatives, in General Court assembled^ and by the authority
of the same, That tlie President, Directors and Company of Authorized to
the Taunton Bank be, and hereby are authorized and cnapowered i"aUtodi'^^''
to increase their present capital stock, by an addition of seven-
ty-five thousand dollars thereto, in shares of one hundred dollars
each, which shall be paid, in such instalmenls, and at such
times, as the president and directors of said bank may direct and
determine : provided, hoivever, that the whole amount shall be Proviso.
paid in on or before the first day of Aj)ril, in the year of our
Lord one thousand eight hundred and twenty-nine.

Sect. 2. Be it further enacted, That the additional stock Additional
aforesaid shall be subject to the like tax, regulations, restrictions ^^^ &c!''"'^^^ '°
and provisions, as the present capital stock of said corporation
is now holden by virtue of the act to which this is in addition.
[Feb. 1, 1828.] Add. acts, 1830 ch. 58, 86.

An Act in addition to '-'An Act to incorporate the Hamilton Manufacturing Company." (^ It rim Q'7

BE it enacted by the Senate and House of Representatives, in jg24. di 44.
General Court assembled, and by the authority of the same. That
the Hamilton Manufacturing Company, in the town of Lowell,
may, in addition to their present capital, hold and use, as person-
al estate, for manufacturing purposes, any sum not exceeding
four hundred thousand dollars. [Feb. 1, 1828.] Add. act,
1832 ch. .50.

An Act authorizing the Selectmen of Williamstown to lay out private ways for the (~^hffrr, QQ
use of persons living on the Gore of land called Trees Grant. KylvU/JJ' •

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the selectmen of the town of Williamstown, in the county Selectmen au-
of Berkshire, be, and they hereby are authorized and empowered ouTptvate ^^
to lay out particular and private ways, for the use of Samuel ways.
Comstock, or any other persons living on the gore of land ad-
joining the southwesterly part of said town, called Trees Grant,
in the same way and manner that they are authorized and em-
powered to lay out particular and private ways for the use of in-
dividuals living in said town of Williamstown, or proprietors
therein. [Feb. 4, 1828.]

An Act to regulate the transportation of Gunpowder, within and through the towns f^hnr) 39
of Cambridge and Medford, in the county of Middlesex. -l '

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That, from and after the first day of March next. Transportation
whenever any quantity of gunpowder, exceeding one hundred °^ gunpowder,
pounds, shall be transported by land into, or through either of
the towns of Cambridge and Medford, in the county of Middle-
sex, the same shall be enclosed in tight casks, boxes or canisters,
that shall prevent the escape of any particle of their contents ;
and shall be conveyed in carriages or vehicles, closely and entirely
covered with leather, or painted canvass ; and the bottom and

598

1827.-

-Chap. 39—40.

Gunpowder
now landed
from a vessel.

Proviso.

Penalty for vio-
lation of this
act.

Chap. 40.

Persons incor-
porated.

Society ma}'
choose trustees.

sides thereof wholly covered with some soft substance, which
shall prevent any dangerous friction ; and no load of gunpowder
shall be approached, or followed by another load of gunpowder
belonging to the same concern, within fifty yards, or stop within
forty rods of any dwelling-house, in either of the towns aforesaid,
longer than ten minutes.

Sect. 2. Be it further enacted^ That no quantity of gun-
powder, exceeding one hundred pounds, shall, at any time or
place, in either of said towns, be landed from any vessel or boat,
or unloaded from any waggon or other vehicle, until application,
for that purpose, has been made to one or more of the firewards
of said towns respectively, in which said gunpowder may be ;
and under, and, according to his or their order and direction, and
not otherwise, it may be landed, or unloaded, or transported to
its place of destination : provided^ that none of the provisions of
this act shall extend to, or in any way affect, the landing or un-
loading gunpowder from any vessel, boat, waggon or other vehi-
cle, upon or from the wharf near the Massachusetts magazine,
in said town of Cambridge : and provided^ also^ that when
Charles River, above Canal bridge, shall be so obstructed by
ice, as to render the delivery from the wharf aforesaid impracti-
cable, then, and while Charles River shall be obstructed as afore-
said, gunpowder may be unloaded upon, and delivered from the
pier by the draw in the bridge extending from Prison point in
Charlestown, to Canal bridge, to be unloaded and delivered from
said pier, as near full tide as possible, and with all possible expe-
dition.

Sect. 3. Be it further enacted. That, if any person or per-
sons, in transporting gunpowder into, or through either of the
said towns, shall violate any of the provisions of this act, he or
they shall forfeit and pay, for each offence, a sum not less than
ten, nor more than one hundred dollars, to the use of the town
in which the offence may be committed, to be recovered in an
action of debt, in any court proper to try the same. \_Feh. 4,
1828.]

An Act to establish a Fund for the support of the Cong^regntional Ministry in the
North Congregational Society in the East Parish in the town of Barnstable.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Abner Davis, David Crocker, John Munroe,
John Easterbrooks and Asa Young, be, and hereby are consti-
tuted a body politic and corporate, by the name of the Trustees
of the Barnstable Congregational Ministerial Fund, and that they
and their successors shall continue a body politic and corporate
forever, and, by the same name, may sue and be sued, in all
actions, and may prosecute the same to final judgment and exe-
cution.

Sect. 2. Be it further enacted. That the said society, at
their annual meeting in March or April, may choose five trus-
tees, who shall be successors to those named in this act, and
they and their successors shall hold their ofiices until others shall

1827. Chap. 40. 699

be chosen, and have accepted the trust by entering upon the
duties of their office, and that said society may also, at any legal
meeting holden for that pin-pose, choose a trustee or trustees to
supply any vacancy that may happen.

Sect. 3. Be it further enacted, That any gift, grant, be- Real or person-
quest or devise, which may hereafter be made to said trustees, °' estate.
shall be valid and effectual to all intents and purposes whatever ;
and they and their successors, as aforesaid, are hereby empow-
ered, by purchase or operation of law, to take, have, hold, use,
improve and manage any estate real or personal, the annual in-
come of which shall not exceed the sum of one thousand dollars,
in trust and for the support and maintenance of the Congregational
Ministry in said society ; and, during any vacancy in said society,
of a regular ordained and settled minister, they shall appropriate
such income or interest to the increase of their principal fund,
any thing herein to the contrary notwithstanding.

Sect. 4. Be it further enacted, That said trustees may powers of irus-
assemble and meet together as often as they shall think necessary ^^es.
for the promotion of their trust, any three of whom shall consti-
tute a board for doing business ; but the concurrence of three at
least shall be requisite to every act and proceeding whatever.
They may determine the manner of calling meetings ; may ap-
point a clerk, treasurer, an agent or agents, and other needful
officers ; and may make reasonable rules, regulations and by-
laws, and annex penalties for the breach thereof, not repugnant to
the constitution and laws of this Commonwealth ; may have a
common seal, and change the same at their pleasure ; may alien-
ate, by good and sufficient deed or deeds, any of the parsonage
lands, belonging to said parish, which said society may, at a legal
meeting holden for that purpose, from time to time direct ; and
the}- may also alienate, by good and sufficient deeds at law, any
real estate, the title whereof shall be vested in them by way of
mortgage, or by operation of law.

Sect. 5. Be it further enacted, That the clerk of said Duties of the
corporation, who shall be a member thereof, and shall be sworn
in the sarne manner as town officers are, shall have the care and
custody of all papers and documents belonging to said trustees,
and shall fairly and carefully record all their votes and proceed-
ings, in a book kept for that purpose, and shall certify the same
when thereto required ; and he may call meetings when directed
by said trustees, and do whatever else may be incident to said
office, and he shall, on demand, deliver to his successor in office,
as soon as may be, all the papers, records and documents in his
hands, in good order and condition ; and, if he shall neglect so
to do for thirty days next after such demand, he shall forfeit and
pay a fine of fifty dollars, and the further sum of thirty dollars per
month for such neglect afterwards.

Sect. 6. Be it further enacted, That the treasurer of said Duties of the
trustees shall be the receiver of all money and effects due, owing *'"e^s"'"^''-
and coming to them, and may demand, sue for and recover the
same in their name, and he shall have the care and custody of all

600

1827.-

■Chap. 40.

Trustees ame-
nable for negli-
gence, &c.

the monies and effects, obligations and securities, for the pay-
ment of money or other things, and all evidences of property
belonging to said trustees, and be accountable to them therefor,
and shall dispose of the same as they shall order and direct, and
shall render an account of his doings, and exhibit a fair and regu-
lar statement of the property and evidences of property in his
hands, whenever they shall require the same to be done, and he
shall deliver to his successor in office, as soon as may be after
demand, all the books, papers, property and evidence of property
in his hands, in good order and condition, and give bond to said
trustees and their successors with sufficient sureties, to be ap-
proved by them, in the penal sum of three thousand dollars at
least, conditioned to do and perform all the duties incumbent on
him as their treasurer ; and, if he shall fail to deliver to his suc-
cessor, as aforesaid, for the space of thirty days next after such
demand, or to give bond, as aforesaid, for thirty days next after
such treasurer shall be duly chosen, and have accepted the office,
he shall, for either neglect, forfeit and pay a fine of fifty dollars,
and the further sum of thirty dollars per month, for such failure
or neglect afterwards.

Sect. 7. Be it further enacted, That it shall be the duty
of said trustees to use and improve such funds or estate, as shall
be vested in them by virtue of this act, with care and vigilance,
so as best to promote the design thereof, and they shall be ame-
nable to the said society, for negligence or misconduct in the man-
agement or disposition thereof, whereby the same shall be impair-
ed or suffer loss ; and the treasurer of said society may have and
maintain a special action on the case against the proper persons
of said trustees, and their goods and estate, jointly or severally,
or against any two or more of them, for such negligence or mis-
conduct, and recover adequate damages therefor, and every sum,
so recovered, shall be deemed to be for the benefit of said fund,
and shall be paid to the treasurer of said trustees, who may have
an action of debt therefor accordingly.

Sect. S. Be it further enacted, That the said trustees shall
cause to be recorded, and kept in their book of records, by their
ai reports to the clerk, a Statement of the funds and estate in their hands, wherein
society. g[^jj]j (jg particularly designated, the nature and amount of each

original grant or donation, the period when made, the design
thereof, and the donor's or grantor's name, and place of abode,
with such other circumstances, as they shall think useful and
proper to distinguish the same, and perpetuate the remembrance
thereof ; and they shall make report of such statement to said
congregational society, at their meeting in March or April annu-
ally, where the same shall be publicly read, or to a select com-
mittee, if said society shall choose one for that purpose, together
with a specific statement of what estate they actually hold, and
by what tenure, what money and effects are due to them, and
how the same are secured, and what receipts have been obtained,
and disbursements made by them the preceding year.

Sect. 9. Be it further enacted, That said trustees shall al-

Trustees to
keep records,
and make annu

1827. Chap. 40—42. 601

ways loan, upon interest, all the money belonging to said fund, in Fundtobeioan-
sums, not less than one hundred dollars, and for a term not ex- ^^ **" interest,
ceeding five years, upon the bond or note of the borrower, with
approved guarantees, and interest annually, or invest the monies
belonging to said fund in such public securities as shall to them
appear most advisable.

Sect. 10. Be it further enacted. That it shall never be in Fund not to be
the power of said trustees, or said congregational society, to j'''™|'"''^'.' '"'
alienate any part of the capital fund thereof; but the interest or plied for support
income, if the society, at a legal meeting holden for that purpose, of minister.
so direct, may be applied for the support of a regular ordained
gospel minister, and for no other purpose whatever, until the in-
terest or income of said fund shall amount to six hundred dollars
per annum, after which time, die surplus income, over and above
that sum, may be applied for other parochial purposes, if said
society, at a legal meeting holden for that purpose, so direct.

Sect. 11. Be it further enacted, That said trustees shall be Compensation
entitled to receive a reasonable compensation for their services in °^ irusiees.
managing and taking care of said funds and estate, to be paid by
said congregational society ; but no part of said funds or estate,
or of the income thereof, shall ever be appropriated for that pur-
pose.

Sect. 12. Be it further enacted, That all fines and forfeit- Fines,
ures, incurred for any breach of this act, shall and may be recov-
ered, in an action of debt, by the treasurer of said congregational
society, if he shall sue for the same within one year after the same
shall be incurred, to the use and benefit of said fund.

Sect. 13. Be it further enacted, That Abner Davis, Esq., First meeting,
is hereby authorized and directed to appoint the time and place
for holding the first meeting of said trustees, and to warn such
meeting accordingly.

Sect. 14. Be it further enacted. That this act may be al- Legislative con
tered, amended or repealed, at the pleasure of the Legislature. ^''°'-
[Feb. 4, 1828.]

An Act in addition to the several Acts establishing and continuing the Boston Marine /^fc/y«^ Al
Insurance Company. KyllUJJ.^1.

BE it enacted by the Senate and House of Representatives, in P^|*^'''|Fc
General Court assembled, and by the authority of the same, isbs ch. 123.
That no person shall hereafter be ineligible as a director of the iono"?'?*'^
Boston Marine Insurance Company, by reason of his being a di- 1817 ch! 4.'
rector in any other company carrying on the business of marine 1826 ch. 118.
insurance, any diing in the acts to which this is in addition to the
contrary notwithstanding. [Feb. 4, 1828.]

An Act in addition to " An Act to incorporate the President, Directors and Company /^h^n h O
of the Merchants' Bank of New Bedford." LyfiUp. -*^.

Sect. 1. BE it enacted by the Senate and House of Repre- 1825 ch. 37.
sentatives, in General Court assembled, and by the authority of
the same. That the President, Directors and Company of the Authorized
Merchants' Bank of New Bedford be, and they hereby are, au- iucrease capi-
thorized to increase their present capital stock, by an addition
thereto of one hundred thousand dollars, in shares of one hundred

VOL. VI, 76

602

1827.-

-Chap. 42—45.

Proviso.

Additional

dollars each, which shall be paid, in such instalments, and at such
times, and shall be so disposed of, as a majority of the stockhold-
ers of said bank, at any legal meeting, may direct and determine :
j)rovided, however^ that the whole amount thereof shall be paid
in, within one year from the passing of this act.

Sect. 2. Be it further enacted, That the additional slock

stock subject to aforesaid shall be subject to the like tax, resfuiations, restrictions
lax, &.C. . . J • 1 1 '='/'• , • •

and provisions, as the present capital stock oi said corporation is

now holden by virtue of the act to which this is in addition.

[Feb. 4, 1828.] Add. acts, 1830 ch. 58, 104.

An Act to incorporate the Middlesex Union Factor}' Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John W. Trull, Isaac Danforth and Oliver El-
dridge, together with such others as now are, or may hereafter
be associated with them, their successors or assigns, be, and they
hereby are, made a corporation, by the name of the Middlesex
Union Factory Company, for the purpose of manufacturing cot-
ton and woollen goods in the town of Hopkinton ; and for this
purpose shall have all the powers and privileges, and shall be
subject to all the duties and requirements, prescribed and con-
tained in an act, passed the third day of March, in the year of our
Lord one thousand eight hundred and nine, entitled "an act de-
fining the general powers and duties of manufacturing corpora-
tions," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said " Middlesex
Union Factory Company" may lawfully hold and possess such
real estate, not exceeding the value of fifteen thousand dollars,
and such personal estate, not exceeding fifty thousand dollars, as
may be necessary and convenient for carrying on the manufacture
aforesaid. [Feb. 4, 1828.]

An Act in addition to " An Act to incorporate the Mutual Fire Assurance Company
of Springfield and the vicinity."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the Mutual Fire Assurance Company of Springfield and
the vicinity be, and they are hereby authorized to insure any
dwelling-house, or other building, in the counties of Hampshire
and Franklin, according to the provisions made in the act to
which this is in addition. [Feb. 4, 1828.]

An Act to incorporate the Appleton Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Thomas H. Perkins, Ebenezer Francis and
Samuel Appleton, with such as already have, or hereafter may
associate with them, their successors or assigns, be, and they
hereby are made a corporation, by the name of the Appleton
Company, for the purpose of manufacturing cotton and woollen
goods, in the town of Lowell ; and for that purpose shall have all
the powers and privileges, and be subject to all the duties and

Chap. 43.

Persons incor-
porated.

Powers and du-
ties.

1808 ch. G3.

Real and per-
sonal estate.

Chap. 44.

1826 ch. 83.

Authorized to
insure in Hamp-
shire and
Franklin coun-
ties.

Chap. 45.

Persons Incor-
porated.

Powers and
duties.

1827. Chap. 45—46. 603

requirements, contained in an act, passed the third day of March,
in the year of our Lord one thousand eight hundred and nine,
entitled " an act defining the general powers and duties of manu- I808ch. G5.
facturing corporations," and in the several acts in addition thereto.

Sect. 2. Be it further enacted^ That the capital stock of Capital stock,
said corporation shall not exceed the sum of one million of dol-
lars ; and they may be lawfully seized and possessed of such real Real estate,
estate, as may be necessary and convenient for the purposes
aforesaid, not exceeding the value of one hundred thousand dol-
lars, exclusive of buildings and improvements that may be made
thereon by the said corporation. [Feb. 4, 1828.]

An Act to incorporate the Proprietors of the Meeting-house of the Congregational C/JldT), 46.
Society' in Salisbury and Amesbury. *

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That James Horton, Joshua Aubin, John Blaisdel, Persons incor-
Junior, James Homer, and all other persons who now are, or po'^^^'ed.
may hereafter become proprietors of the meeting-house of the
congregational society in Salisbury and Amesbury, their succes-
sors and assigns, be, and they hereby are, constituted a body
corporate and politic, by the name of the Proprietors of the
Meeting-house of the Congregational Society in Salisbury and
Amesbury ; and by that name may sue and be sued, plead and
be impleaded, have and use a common seal, and possess and en-
joy all the privileges, powers and immunities, to which similar Powers and
corporations are, by the constitution and laws of this Common- P"v''eges.
wealth, entitled ; and shall have authority to take, hold and pos-
sess, by gift, grant, devise or otherwise, any real estate, including Real estate,
their meeting-house, and their land under and adjoining the same,
to the amount of ten thousand dollars ; and shall have authority
to choose, by ballot, in the month of March or April, annually,
a treasurer, collector, clerk, assessors, and such other officers,
and make such by-laws and regulations, as shall seem to them
expedient, for the management of their concerns : provided, such
by-laws and regulations shall not be repugnant to the constitution
and laws of this Commonwealth.

Sect. 2. Be it further enacted, That the corporation afore- Corporation
said shall have full power and authority to sell, dispose of, and may convey
convey lor years, for life, or in fee, all or any portion of their
real estate.

Sect. 3. Be it further enacted, That all taxes or assess- Taxes of Saiis-
ments, to which the property and estate of the Salisbury manu- bur]^ Man^Co''
facturing company, and the Amesbury flannel manufacturing
company, are by law liable, for the support of public worship in
Salisbury and Amesbury, shall be laid and assessed by, and pay-
able to the "congregationalsociety of Salisbury and Amesbury,"
or its proper officers, for the support of public worship in the
meeting-house of said society : provided, however, that the said
manufacturing companies shall have the right to pay over to the
old parishes in Salisbury and Amesbury, such part of the taxes,
so assessed, as they may think fit, not exceeding one half thereof.

604

1827.-

-Chap. 46—47.

Proprietors may
tax pews.

Right of voliiiE

Pews may be
sold for pay-
ment of assess-
ments.

Execution and
recording of
deeds.

First meeting

Chap, 47.

Persons incor-
porated.

Powers and du-
ties.

1808 ch. 65.

Capital stock.

Sect. 4. Be it further enacted^ That the said proprietors,
at their first meeting, and at their annual meetings, afterwards,
may vote and raise such sum or sums of money, as niay be ne-
cessary for the purpose of repairing, ahering, enlarging or im-
proving their meeting-house, and lands adjoining, which sum or
sums shall be assessed on said proprietors, according to a valua-
tion of their pews in said meeting-house, which valuation shall be
made by the assessors, wdien, and as often, as the corporation
shall by vote determine. And any person, purchasing a pew or
pews in said meeting-house, shall be a proprietor, and be entitled
to as many votes as he owns pews ; and, provided a pew is
owned by two or more persons, they shall jointly be entitled to
one vote ; and the said pews, or parts of pews shall be holden
for payment of all assessments, and any proprietor, neglecting or
refusing to pay the same for three months after it shall become
due, the collector may sell the same at public auction, by post-
ing notices of such sale, at the said meeting-house, seven days at
least before the day of sale, and notifying the proprietor, in writ-
ing, at least two days before the time of sale ; and the overplus
arising from the sale, if any there be, after paying the expenses,
shall [6e] paid to the said proprietor.

Sect. 5. Be it further enacted^ That all deeds of pews, or
other property, shall be signed by the assessors, and attested by
the clerk, and by him shall be recorded in a book, to be kept for
that purpose, which record shall be valid in law, and equivalent
to its being recorded in the registry for the county.

Sect. 6. Be it further enacted^ That the first meeting of
the said corporation may be called by a warrant from any justice
of the peace within and for the county of Essex, directed to either
of the proprietors, who shall have power to warn the same. And
all subsequent meetings shall be called in the same manner as is
by law provided for the calling of parish meetings. [Fe6. 4,
1828.]

An Act to incorporate the Lowell Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Frederick Cabot, William Whitney, and Rich-
ard C. Cabot, with such others as already are, or hereafter may
be associated with them, their successors and assigns, be, and
hereby are made a corporation, by the name of the Lowell
Manufacturing Company, for the purpose of manufacturing
woollen and cotton goods in the town of Lowell, and shall have
all the powers and privileges, and be subject to all the duties and
requirements, prescribed and contained in an act, passed in the
year of our Lord, one thousand eight hundred and nine, entit-
led " an act defining the general powers and duties of manufac-
turing corporations," and also the several acts in addition
thereto.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall not exceed five hundred thousand dollars.

1827. Chap. 47—49. 605

and they may be lawfully seized and possessed of such real cs- Real estate,
tate, as may be necessary and convenient for the purposes afoie-
said, not exceeding the value of one hundred thousand dollars,
exclusive of buildings and improvements that may be made there-
on. [Feb. 8, 1828.] Add. act, 1832 ch. 89.

An Act to incorporate the Douglas Manufacturing Company. Ch(lT) 4.8

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives., in General Court assembled., and by the authority
of the same., That Samuel Dorr, Samuel Lovett, George Howe, Persons incor-
Samuel F. Dorr, and such others, as are now, or may be here- porated.
after associated with them, their successors and assigns, be, and
they hereby are made a corporation, by the name of the Doug-
las Manufacturing Company, for the purpose of manufacturing
cotton and woollen goods in the town of Douglas, and for this
purpose shall have all the powers and privileges, and shall be Powers and du-
subject to all the duties and requirements, prescribed and con- ^'*^^-
tained in an act, passed the third day of March, in the year of
our Lord, one thousand eight hundred and nine, entitled " an 1808 ch. 65.
act defining the general powers and duties of manufacturing cor-
porations," and the several acts in addition thereto.

Sect. 2. Be it further enacted., That the said corporation Real and per-
may be lawfully seized and possessed of such real estate, not
exceeding the value of fifty thousand dollars, and of such per-
sonal estate, not exceeding seventy thousand dollars, as may be
necessary and convenient for carrying on the manufacture of cot-
ton and woollen goods in the town of Douglas aforesaid.

Sect. 3. Be it further enacted.^ That this act may be Legislative con-
amended or repealed, at any time hereafter, at the pleasure of '^'^°'
the Legislature. [Feb. 8, 1828.]

An Act to incorporate the Institution for Savings in Haverhill and its vicinity. C^llCtp. 4y.

Sect. 1. BE it enacted by the Seriate and House of Repre-
sentatives., in General Court assembled., and by the authority of
the same., That Charles White, Leonard White, Nathaniel Persons incor-
Hills, Warner Whittier, .John Dow, Ezra C. Ames, Gilman P°''^'*^'^-
Parker, Benjamin Greenleaf, Benjamin Parker, Isaac R. Howe,
William Merrill, Thomas Harding, Jesse Harding, William
Greenough, David Marsh, Jr., Phineas Carleton, Eliphalet
Kimball, Thomas Newcomb, Moses Wingate and James H.
Duncan, and such others as may be duly elected, and their suc-
cessors, be, and they are hereby incorporated into a body poli-
tic, by the name of the Listitution for Savings in Haverhill and
its vicinity.

Sect. 2. Be it further enacted, That the said corporation Deposits of mo-
shall be capable of receiving, from any person or persons dis- "^^'
posed to obtain and enjoy the advantages of said institution, any
deposit or deposits of money, and of using and improving the
same, for the purposes, and according to the directions, here-
in mentioned and provided.

Sect. 3. jBe it further enacted, That all deposits of mo- income to be
ney, received by the said institution, shall be used and improv- depJi?ors."'°"^

606

1827.-

-Chap. 49.

Election of
members.

General pow-
ers.

Annual mcct-

Lcffisl alive ex-
amination and
control.

First meeting

ed to the best advantage, and may be invested in such nnanner
as best to promote the objects of the institution, and the same
institution may, by its treasurer, subscribe to the capital stock
of any bank aheady incorporated, or tliat may hereafter be in-
corporated within this Commonwealth ; and the net income or
profit of said deposits shall be, by said institution, applied and
divided amon^ the persons making the said deposits, their exe-
cutors, administrators, or assigns, in just proportion : and the
principal of such deposits may be witiidrawn at such reasona-
ble times, and in such manner, as the said institution shall direct
and appoint.

Sect. 4. Be it further enacted, That the said corporation
shall, at their first meeting, and at their annual meeting in Janu-
ary, have power to elect, by ballot, any other person or persons
as members of said society.

Sect. 5. Be it further enacted, That the said corporation
may have a common seal, which they may change and renew at
pleasure, and that all deeds, conveyances, grants, covenants, and
agreements, made by their treasurer, or any other person, by
their authority and direction, shall be good and valid, and the
said corjjoration shall, at all limes, have power to sue, and be
sued, and may defend, and shall be held to answer by the name
aforesaid.

Sect. 6. Be it further enacted, That the said corporation
shall hereafter meet at Haverhill, at such time in the month of
January annually, and at such other times as the corporation, or
the president thereof may direct, and any seven members of
said corporation, the president, a vice president, treasurer, or
secretary, being one, shall be a quorum, and the said corporation,
at their first meeting, and at their meetings in January annually,
shall have power to elect by ballot a president, and all such other
officers, as to them shall appear necessary, which officers, so
chosen, shall continue in office one year, and until otiiers are
chosen in their stead ; and the treasurer and secretary, so chosen,
shall be sworn to the faithful performance of the duties of their
respective offices.

Sect. 7. Be it further enacted, That the officers and agents
of said institution, shall lay a statement of the affairs thereof be-
fore any persons appointed by the Legislature, to examine the
same, whenever required so to do, and shall exhibit to them all
the books and papers relating thereto, and shall submit to be ex-
amined by them, concerning the same under oath, and the said
corporation is hereby vested with the power of making by-laws
for the more orderly managing the business of the corporation :
provided, the same are not repugnant to the constitution or laws
of this Commonwealth, and the Legislature may, at any time,
make such further regulations for the government of said insti-
tution, as they may deem expedient, and may, at any time here-
after, alter, amend, or repeal this act.

Sect. 8. Be it further enacted. That either of the persons,
named in the first section of this act, is authorized, by public

1827. ChaPo 49—50. 607

notice in the newspaper printed in Haverhill, to call the first
meeting of said corporation, at such time and place as he may
judge proper. [Feb. 8, 1828.]

An Act to incorporate the Worcester County Institution for Savings. f^hnii ^Ci

Sect. 1. BE it enacted by the Senate and House of Repre- "'

sentatives, in General Court assembled, and by the authority of
the same, That Daniel Waldo, Solomon Strong, Frederick Persons incor-
W. Paine, Samuel B. Thomas, Pliny Merrick, Benjamin But- Pirated.
man, Andrew H. Ward, Stephen Salisbury, Jr., Seth Has-
tings, Samuel Jennison, Silas Brooks, David Brigham, William
Stedman, Stephen Goddard, Calvin Willard, Simeon Sander-
son, Oliver Fiske, Jesse Bliss, Benjamin Adams, Charles Al-
len, William S. Hastings, George Wall, James Draper, .John
W. Lincoln, Isaac Goodwin, John M. Earle and Emory Wash-
burn, and such others as may be duly elected, and their succes-
sors, be, and they hereby are incorporated into a body politic,
by the name of the Worcester County Institution for Savings.

Sect. 2. Be it farther enacted, That the said corporation Depositsof mo-
shall be capable of receiving, from any person or persons, dis- "^■^•
posed to obtain and enjoy the advantages of said institution, any '

deposit or deposits of money, and to use and improve the same,
for the purposes, and according to the directions, herein men-
tioned and provided.

Sect. 3. Be it further enacted, That all deposits of money. Deposits to be
received by the said institution, shall be, by them, used and im- ™pro^ed and

•z J j^ ^ / income uiviggq

proved to the best advantage ; and the income or profit thereof among deposi-
shall be by them applied and divided among the persons making ^"''^•
the said deposits, their executors, administrators or assigns, in
just proportions, with reasonable deductions ; and the principal
of such deposits may be withdrawn at such times, and in such
manner, as the said institution shall direct and appoint.

Sect. 4. Be it further enacted, That the corporation shall. Election of
at any legal meeting, have power to elect, by ballot, any other *"
person or persons as members of the said institution.

Sect. 5. Be it further enacted. That the said institution General powers,
shall have a common seal, which they may change and renew at
pleasure ; and that all deeds, conveyances and grants, covenants
and agreements, made by their treasurer, or by any other per-
son by their authority and direction, shall be good and valid ;
and the said corporation shall, at all times, have power to sue, and
may be sued, and may defend, and shall be held to answer, by
the name, style and title aforesaid.

Sect. 6. Be it further enacted, That the said institution Annual meet-
shall hereafter meet at Worcester, some time during the regu- '"&•
lar term of the sitting of the supreme judicial court for the
county of Worcester, in the spring of each year, and as much
oftener as they may judge expedient ; and any five members of
the said corporation (the pi'esident, secretary, or treasurer being
one) shall be a quorum ; and the said corporation, at their annu-

608

1827.-

-Chap. 50—51.

Legislative ex-
amination and
control.

First meelin;;

al meeting, shall have power to elect a president, and all such
other officers as to them may appear necessary, which officers,
so chosen, shall continue in office one year, and until others are
chosen in their stead ; and all officers, so chosen, shall be under
oath to the faithful performance of the duties of their offices re-
spectively.

Sect. 7. Be it further enacted^ That the officers and agents
of the said institution, shall lay a statement of the affairs there-
of, before any persons appointed by the Legislature to examine
the same, whenever required so to do, and shall exhibit to
them all the books and papers relating thereto, and shall sub-
mit to be examined by them concerning the same, under oath ;
and the said corporation may make by-laws, for the more or-
derly management of their business, provided that the same be
not repugnant to the constitution and laws of this Common-
wealth ; and the Legislature may, at any time, make such fur-
ther regulations for the government of said institution as they
may deem expedient ; and may, at any time hereafter, alter,
amend, or repeal tliis act.

Sect. 8. Be it further enacted, That either of the persons,
named in the first section of this act, may, by public noti6ca-
tion in either of the Worcester newspapers, call the first meet-
ing of said corporation, at such time and place as he shall judge
proper. [Feb. 8, 1828.]

ChciD 51. •'^" ^^^ '° incorporate the West Newbury Mutual Fire Insurance Company.

Sect. 1 . BE it enacted by the Senate and House of Represen-
tatives^ in General Court assembled, and by the authority of the
same, That Thomas Hills, Eliphalet Emery, Samuel Tenny,
Edmund Hills, Edmund Worth, Enoch Noyes, Jr., John
Follansbee, Amos Bricket, Paul Bay ley, Dudley Heath,
Daniel Bayley, Jr., Dean Robinson, Enoch Thurlow, jNIoses
Noyes, Josiah Parker, and their associates, successors, and
assigns, be, and they are hereby constituted a body politic
and corporate, by the name of the West Newbury Mutual Fire
Insurance Company, with powers and privileges incident to such
corporations, for the term of twenty-eight years.

Sect. 2. Be it further enacted, That when the sums sub-
scribed to be insured shall amount to fifty thousand dollars, said
corporation may insure, for the term of one to seven years, any
buildings, goods or furniture, to any amount not exceeding three
quarters of the value of the property insured.

Sect. 3. Be it further enacted, That said corporation may
choose such officers, and establish such by-laws as they may
deem necessary, not repugnant to the constitution and laws of
this Conmionwealth ; and each member shall have as many votes
as he has policies, and may vote by proxy.

Sect. 4. Be it further enacted, That the funds of said
corporation shall be vested in stocks, or loaned on such security
as the directors may order, and shall be appropriated, first to
pay the expenses of the corporation, and next to pay the dam-

Persons Incor-
porated.

Insurance of
buildings.

By-laws.

Investment and
appropriation
of funds.

1827. Chap. 51—52. 609

ages which any member may be entitled to recover on his policy.
In case any member shall have a just claim upon the corporation,
exceeding the amount of their existing funds, the directors shall,
without delay, assess such sum as may be necessary on the mem-
bers, in proportion to the amount of their premium and deposits
for seven years ; but not to exceed treble the amount of such
premiums and deposits.

Sect. 5. Be it further enacted, That whenever any mem- Satisfaciion of
ber shall recover judgment against said corporation, he may levy executions,
his execution on their estate or funds, but, if sufficient estate or
funds cannot be found, he may levy the same on the private
property of any one of the directors : provided, they first refuse,
or neglect, for the space of sixty days, to satisfy the execution
after formal demand be made on them for that purpose ; and any
director, whose property may be thus taken, may sustain an ac-
tion of the case against the corporation, to recover full and ade-
quate damages therefor.

Sect. 6. Be it further enacted, That each policy of insu- Policy to be a
ranee shall, of itself, without any other ceremony, create a lien ^'en on estate.
on any building insured, and on the land under it ; and this pro-
vision shall not prevent the taking other collateral security.

Sect. 7. Be it further enacted, That, in case it shall be- Treasurer shall
come necessary to resort to the lien on the property insured, the nTent^^&r.^"^'
treasurer shall demand payment of the insured, or his legal rep-
resentative, and likewise of the tenant in possession ; and, in case
of non-payment, the corporation may sustain an action for any
sum due, either on the deposit note, or by assessment ; and
their execution may be levied on the insured premises ; and the
officer making the levy may sell the whole, or any part of the
estate at auction, giving notice, and proceeding in the same man-
ner as is required in the sale of equities of redemption on execu-
tion ; and the owner shall have a right to redeem the estate, by
paying the cost of sale, the amount of the execution, and twelve
per cent, interest thereon, within one year from such sale.

Sect. 8. Be it further enacted, That all and every person persons insur-
and persons, who shall at any time be interested in said company, jng to be mem-
by insuring therein, and also their respective heirs, executors,
administrators and assigns, continuing to be insured therein, shall
be deemed and taken to be members thereof, for and during the
terms specified in their respective policies, and no longer ; and
shall, at all times, be concluded and bound by the provisions of
this act.

Sect. 9. Be it further enacted, That this corporation shall
be liable to be taxed by any general law of this Commonwealth,
taxing other similar institutions ; and any member named in this First meeting,
act may call the first meeting, by advertising the same in the
newspaper printed in Newburyport. [Feb. 8, 1828.]

An Act concerning the boundary line between the towns of Monson and Palmer. f^hnri ^^

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That, from and after the passing of this act, the boundary line Boundary line.

VOL. VI. 77

610

1827.-

-Chap. 52 — 54.

Chap. 53.

Persons incor-
porated.

[Location al-
tered, 1827 ch.
111.]

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

Chap. 54.

Persons incor-
porated.

First meeting.

between the towns of Monson and Palmer, in the county of
Hampden, from a point near the public house of John Sedgwick,
in said Palmer, westerly to the line of the town of Wilbraham,
in said county, shall be as follows, viz : beginning at the centre
of Chickopee river, at the lower side of Scott's bridge, so called,
near said Sedgwick's house, thence running south forty degrees
west, eleven rods and twelve links to a pile of stones on the
south side of the road leading to Wilbraham, thence running on
the south side of said road to the first Massachusetts turnpike,
thence on the south side of said turnpike road to Wilbraham
line, Monson to bound northerly on said described line, and
Palmer southerly thereon. \Feh. 8, 1828.]

An Act to incorporate the Boston Chemical Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same. That Samuel Clark, David Osgood and William In-
galls, and all such persons as may hereafter associate with them,
their successors and assigns, be, and they hereby are constituted
a body politic and corporate, by the name of the Boston Chem-
ical Company, for the purpose of making mineral acids and other
chemical preparations, and for pulverizing bark and other drugs
in the city of Boston ; and, for that purpose, shall have all the
powers and privileges, and be subject to all the duties and requi-
sitions, contained in an act, passed on the third day of March, in
the year of our Lord, one thousand eight hundred and nine,
entitled "an act defining the general powers and duties of man-
ufacturing corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted^ That the capital stock of
said corporation shall not exceed forty thousand dollars, and that
they may be lawfully seized and possessed of such real estate as
may be necessary and convenient for the purposes aforesaid, not
exceeding the value of ten thousand dollars, exclusive of build-
ings and improvements, which may be made thereon. [Feb. 8,
1828.] Add. act, 1827 ch. 111.

An Act to incorporate the Dartmouth Bridge Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Nathaniel Howland, Caleb Anthony, Gilbert
Howland, Joseph A. Bailey, Richard Sanford, Clark Ricket-
son and Luther Kirby, together with such other persons as now
are associated or may be hereafter associated with them, be, and
they are hereby made and constituted a corporation and body
politic, by the name of the Dartmouth Bridge Company ; and
by that name may sue and be sued to final judgment and execu-
tion, and do and sufier all matters and things which bodies politic
may or ought to do and suffer, and that said corporation shall
and may have full power and authority to make, have and use a
common seal, and the same to break and alter at pleasure.

Sect. 2. Be it further enacted, That the said Nathaniel
Howland may, by posting up notifications at some public places

1827. Chap. 64. 611

in the town of Dartmouth, warn and call a meeting of the pro-
prietors, to be holden at any suitable time and place in said town,
after ten days from the posting up of said notifications ; and the
proprietors, by a vote of the majority of those present, or duly
represented at said meeting, allowing one vote to and for each
share : provided^ that no proprietor shall be allowed more than Right of voting,
ten votes, shall choose a clerk, who shall be sworn or affirmed
to the faithful discharge of the duties of his office, and shall also
determine the mode of calling future meetings, and may elect
such officers, and make and establish such rules and by-laws, not By-laws,
repugnant to the laws and constitution of this Commonwealth, as
to them may seem necessary and convenient for the regulation
and government of the said corporation, and for collecting the
toll herein after granted, and may annex penalties to the breach
of any by-laws, not exceeding ten dollars for any one offence ;
and all rules, regulations and proceedings of said corporation,
shall be fairly and truly recorded by the clerk, in a book kept
for that purpose.

Sect. 3. Be it further enacted^ That the said proprietors Location of
be, and they are hereby, authorized and empowered to erect a " ^^'
bridge over Aponagansett river, in the town of Dartmouth, build-
ing it with solid earth or stone, on a bar from the western side of
said river, to the end, or nearly to the end, of said bar, thence
by piers to the most convenient point on the eastern shore, with
a convenient draw, at least thirty feet wide, for the passing of Draw.
vessels ; and the said proprietors shall constantly keep some suit-
able person or persons at said bridge, who shall raise said draw
for any vessel that may be passing up or down said river, free of
expense to the owner thereof, and, if the person, whose duty it Penalty for not
shall be to raise the draw for the passage of vessels, shall unrea- raisuigthe
sonably neglect or refuse to do the same, the proprietors of said
bridge 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 juris-
diction to try the same.

Sect. 4. Be it further enacted, That a toll be, and hereby
is granted and established for the sole benefit of said proprietors,
according to the rates following, to wit : for each foot passenger. Rates of toll.
four cents ; for each horse and rider, eight cents ; for each horse
and wagon, ten cents ; for each horse and chaise, chair, sulky,
or sleigh, sixteen cents ; for each coach, chariot, or phaeton,
twenty-five cents ; for each cart, sled, or other carriage of bur-
then, drawn by more than one beast, twenty cents ; for each
horse without a rider, and for neat cattle, four cents each ; for sheep
and swine, one cent each ; and one person, and no more, shall
bs allowed to each team as a driver, to pass free of toll, and the
toll shall commence on the day of first opening the said bridge,
and shall continue seventy years, and, at the place where the
toll shall be received, there shall he erected, and constantly ex-
posed to view, a sign board, with the rates of toll fairly and legi-

612

1827.-

■Chap. 54 — 55.

Legislature
may alter tolls.

Proviso.

Return of ex-
penses and

Condition of this
act.

[Time extend-
ed, 1834 ch. 11.
1835 ch. 5.]

Chap. 55.

Persons incor-
porated.

Powers and
privileges.

Real and per-
sonal estate.

biy written or painted thereon in large letters : provided, never-
theless, that the Legislature shall have a right, at any time after the
expiration of fifteen years, to alter and regulate anew the rates
of toll, to be received by said proprietors : provided, also, that
when the receipts of toll, or income of the said bridge shall have
amounted to a sum sufficient to defray the expense of building,
repairing and sustaining the same, and paying the interest of nine
per cent, on the first cost, the said bridge shall revert to the
Commonwealth, or, when the inhabitants of the town of Dart-
mouth shall remunerate the said proprietors for the expense of
said bridge, with nine per cent, interest thereon, (deducting what
may have been received by tolls,) said bridge shall be opened
free of toll, any thing in this act to the contrary notwithstanding.

Sect. 5. Be it further enacted, That the said bridge shall
be well built of suitable materials, that it shall be at least twenty-
two feet wide, with sufficient rails on each side, and the said
bridge shall be kept in good repair at all times ; and the said cor-
poration shall, within six months from the time they shall com-
mence receiving toll at the said bridge, lodge in the secretary's
ofHce, an account of the expenses of erecting the same, and they
shall annually, in the month of January, exhibit, to the governor
and council, a true account of the income or dividends arising
from said toll, with their necessary annual disbursements on said
bridge. And the books of said corporation shall, at all times, be
subject to the inspection of the governor and council, and to the
Legislature when called for.

Sect. 6. Be it further enacted. That, if said proprietors
shall neglect, for the space of six years from the passing of this
act, to build and erect said bridge, then this act is to be void, and
of no effect. [Feb. 8, 1828.] Add. acts, 1833 ch.78 : 1834
ch. 11 : 1835 ch. 5.

An Act to incorporate the Pawiucket Congregational Society'.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Elijah Ingraham, Dan Robinson, Ira Draper,
A. A. Tillinghast, Squire French, Carlos Barrows, Otis French,
James C. Starkweather, Larned Pitcher, Edward Walcutt, John
Burbank, Joseph Spalding, Remember Carpenter, Elias Ingra-
ham, William Sweet, and all other persons, who now are, or
hereafter may be, associated with them, their successors and as-
signs, shall be, and are hereby created and established as a reli-
gious society and body corporate and politic, by the name of the
Pawtucket Congregational Society ; and, by that name, may sue
and be sued, plead and be impleaded, and possess and enjoy all
the privileges, powers and immunities, to which parishes, and
other religious societies are, by the constitution and laws of this
Commonwealth, entitled ; and shall have authority to take, hold,
and possess, by gift, grant, devise, or otherwise, any real or per-
sonal estate, for the purpose of supporting public worship accord-
ing to the congregational order, by said society, and other reli-
gious, parochial and charitable purposes, not exceeding the an-

1827. Chap. 55—66. 613

nual income of one thousand dollars ; and shall also have author-
ity to choose and appoint all such officers, and make all such hy- By-laws.
laws and regulations, as may seem to them expedient, or conven-
ient, for the due government of said society, and the management
of their funds and other parochial concerns : iirov'uUd^ such by- Proviso,
laws and regulations shall be in no wise contrary to the constitu-
tion and laws of this CommonweaUh ; and all meetings of said
society shall be called and warned in such manner as the by-laws
thereof shall direct.

Sect. 2. Be it further enacted, That the said society shall Donation of E.
have full power to receive and hold the donation made by the late Starke.
Eliphalet Starke, for the support of a congregational minister, in {^^f ch^fe.i
said Pawtucket, and to apply the income thereof conformably to "
the intention of said Starke, as expressed in his will : provided,
the trustees named in said will agree thereto.

Sect. 3. Be it further enacted, That the said society shall Trustees,
appoint seven suitable persons, being members of said society, as
trustees, who shall have the management of the funds and other
property of the said society ; and all vacancies in the board of
trustees, occasioned by death, resignation, secession from the
society, or otherwise, shall be filled by the said society, at a meet-
ing duly called for that purpose ; and any member or members
of said society withdrawing or seceding therefrom, shall have no
right or claim whatever to any part or portion of any funds be-
longing to said society.

Sect. 4. Be it further enacted, That it shall and may be Deeds to be re-
lawful for all deeds, hereafter to be given on the sale of any in- corded by tiie
terest in a meeting-house, which may be erected for the use of
said society, to be recorded by the clerk of said society, in a book
to be especially provided for that purpose ; and all deeds
legally executed and recorded as aforesaid, shall be deemed suffi-
cient in law, any law or usage to the contrary notwithstanding.

Sect. 5. Be it further enacted, That Elijah Ingraham, and First meeting.
Dan Robinson, or either of them, be, and they are hereby au-
thorized to call the first meeting of said society, by notifying the
time, place and objects of said meeting, in a newspaper printed
in the village of Pawtucket, in Rhode Island, one week at least
before the time of said meeting, at which meeting, the said society
may choose its officers and organize itself.

Sect. 6. Be it further enacted, That the Legislature shall, Legislative
at all times hereafter, have the right to alter, amend or repeal control,
this act. [Feb. 8, 1828.] Add. act, 1827 ch. 89.

An Act to incorporate the President, Directors and Company of the Atlantic Bank. C/fl(tp, 56.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That James Read, Thomas Searle, and John Pick- Persons incor-
ens, their associates, successors and assigns, shall be, and hereby P""^^ ^
are, created a corporation, by the name of the President, Direct-
ors and Company of the Atlantic Bank, and shall so continue,
from the passage of this act, till the first Monday in October,

614

1827..

-Chap. 56.

Powers and
duties.

1811 ch. 81.

Proviso.

Capital stock.

Shares, and
when to be
paid in.

Real estate.

Proviso.

Examination
and return of
capital slock.

which will be in the year of our Lord one thousand eight hun-
dred and thirty-one ; and the said corporation shall always be sub-
ject to the rules, restrictions, limitations, taxes and provisions,
and be entitled to the same rights, privileges and immunities,
which are contained in an act, entitled " an act to incorporate the
president, directors and company of the State Bank," (except in
so far as the same are modified or altered by this act,) as iuUy
and effectually, as if the several sections of the said act were herein
specially recited and enacted : provided, however^ that the amount
of bills, issued from said bank, at any one time, shall not exceed
the amount of the capital stock actually paid in.

Sect. 2. And be it further enacted, That the capital stock of
said corporation shall consist of the sum of five hundred thousand
dollars in gold or silver, to be, besides such part as this Com-
monwealth may subscribe in the manner herein after mentioned, di-
vided into shares of one hundred dollars each, which shall be paid
in as follows, that is to say, fifty per centum thereof on or before
the first day of July next, and the residue within one year from
the passing of this act. And no dividend shall be declared on the
cajiital stock of said bank, until the capital stock shall have been
paid in conformably to the provisions of this act. And the stock-
holders, at their first meeting, shall, by a majority of votes, deter-
mine the mode of transferring and disposing of said stock, and the
profits thereof, which being entered on the books of said corpora-
tion, shall be binding on the stockholders, their successors and as-
signs, until they shall otherwise determine. And the said corpora-
tion are hereby made capable in law to have, hold, purchase, re-
ceive,possess, enjoy, and retain to them, their successors and
assigns, lands, tenements and hereditaments, to the amount of
fifty thousand dollars, and no more at any one time ; with
power to bargain, sell, dispose and convey the same by deed, un-
der the seal of said corporation, and signed by the president, or
two of the directors ; and to loan and negotiate their monies and
effects, by discounting on banking principles, on such security
as they may think advisable : provided, however, that nothing
herein contained shall restrain or prevent said corporation from
taking and holding real estate in mortgage, or on execution, to
any amount, as security for, or in payment of any debts due to
the said corporation : and provided, further, that no monies shall
be loaned, or discounts made, nor shall any bills or promissory
note? be issued from said bank, till the capital stock subscribed and
actually paid in, and existing in gold and silver, in their vaults, shall
amount to one hundred and twenty-five thousand dollars ; nor until
said capital stock, actually in said vaults, shall have been inspected
and examined by three commissioners, to be appointed by the gov-
ernor for that purpose ; wdiose duty it shall be, at the expense of
said corporation, to examine the monies actually existing in said
vaults, and ascertain, by the oath of the directors of said bank,
or a majority of them, that said capital stock has been bona fide
paid in by the stockholders of said bank, and towards payment of
their respective shares, and not for any other purpose, and that it is

1827. Chap. 56. 615

intended therein to remain as a })art of said capital, and to return
a certificate thereof to the governor ; and no stockholder shall be
allowed to borrow any money at said bank, until he shall have
paid in his full proportion of the said capital, as herein before
provided and required.

Sect. 3. Be it further enacted, That the said bank shall be Location,
established and kept in Boston.

Sect. 4. Be it further enacted, That, whenever the Leg- J^oansioihe
islature shall require it, the said corporation shall loan to the Com- wealth.
mon wealth any sum of money which shall be required, not exceed-
ing ten per centumof the capital stock actually paid in, at any one
time, reimbursable by five annual instalments, or any shorter time,
at the election of the Commonwealth, with the annual payment
of interest, at a rate not exceeding five per centum per annum :
provided, however, that the Commonwealth shall never stand in-
debted to said corporation, without their consent, for a larger
sum than twenty per centum of their capital stock, then paid in.

Sect. 5. Be it further enacted. That the persons, herein be- First meeting.
fore named, are authorized to call a meeting of the members and
stockholders of said corporation, as soon as may be, and at such
time and place as they may see fit to appoint, by advertising the
same in any two of the newspapers printed in Boston, for the
purpose of making, ordaining and establishing such by-laws and reg-
ulations, for the orderly conducting the affairs of said corporation, as
the stockholders shall deem necessary ; and for the choice of the
first board of directors, and of such other officers as they shall
see fit to choose : provided, such by-laws and regulations be not
repugnant to the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted. That the Commonwealth Common-
shall have a right, whenever the Legislature shall make provision ^^e^ii'im^y

^ ^ *■ SUDSCriDC to

therefor by law, to subscribe, on account of the Commonwealth, capital stock.
a sum not exceeding two hundred and fifty thousand dollars,
to be added to the capital stock of said corporation, subject
to such rules, regulations and provisions, as to the management
thereof, as shall be by the Legislature made and established.

Sect. 7. Be it further enacted. That, whenever the Com- Legislature
monwealth shall subscribe to the capital stock of said corporation, "ii^Jctors°'"
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a right, from time to time, to appoint a number of direc-
tors to said bank, in proportion as the sum paid from the treasury
of the Commonwealth shall be to the whole amount of stock ac-
tually paid into said bank, if, at any time hereafter, they shall see
fit to exercise that right.

Sect. 8. Be it further enacted, That the cashier, before he Cashier shall
enters upon the duties of his office, shall give bonds, with sure- ^'^^ "" '
ties, to the satisfaction of the board of directors, in a sum not less
than fifty thousand dollars, with conditions for the faithful dis-
charge of the duties of his office.

Sect. 9. Be it further enacted. That the said corporation. Tax.
from and after the first day of July next, shall pay, by way

G16 1827. Chap. 56—57.

of tax, to the treasurer of this Commonweahh, for the use of the
same, within ten days after the first Monday of October and
April, annually, the half of one per centum on the amount of
capital stock which shall have actually been paid in.
Corporation 8ect. 10. Be it further enacted^ That the said corporation

oH"-i*iia° amount shall be liable to pay to any 6ona/i(/e holder the original amount of
of altered notes, any note of said bank, counterfeited or altered, in the course of
its circulation, to a larger amount, notwithstanding such alteration,
and shall also be liable to pay to any bonajide holder the amount
of any note of said bank, counterfeited, unless all the notes actu-
ally issued by said corporation, for ordinary circulation, be printed
or impressed with a stereotype plate. And said corporation shall
not, at any place whatever, directly or indirectly, purchase, re-
ceive, pay or exchange any bill or note of said bank, or of any
other bank incorporated in this Commonwealth, for any less sum
than the nominal value expressed in such bill or note.
Stock not trans- Sect. 11. Be it further enacted, That the capital stock of
ferabie for one ggj^j bank. Of any part of it, shall not be sold and transferred ;
but shall be holden by the original subscribers thereto, for and
during the period of one year from the time of passing this act.
And in case the same shall not be put into operation, according
to the provisions thereof, within the year aforesaid, it shall be
void.
Legislative ex- Sect. 12. Be it further enacted, That any committee
aminntion. specially appointed for that purpose, by the Legislature, shall
have a right to examine into the doings of said corporation ; and
shall have free access to all their books and vaults ; and if, upon
such examination, it shall be found, and after a full hearing of
said corporation thereon, be determined by the Legislature, that
the said corporation have exceeded the powers herein granted
them, or failed to comply with any of the rules, restrictions or
conditions in this act provided, this act of incorporation may
thereupon be declared to be forfeited and void. [Feb. 1 1 , 1S28.]
Add. act, 1830 ch. 58.

CllWO. 57. ■'^" ^^"^ '"^ incorporate llie Proprietors of \Villianisto«u Academ}'.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority

Persons incor- of the samc, That Ralph W. Gridley, Daniel Noble, Lyman

porae . Hubbell, Caleb Brown, Stephen Hosford and Charles Baker,

their associates and successors, shall be a corporation, by the
name of the Proprietors of Williamstown Academy, in the coun-
ty of Berkshire, and may have all the powers and privileges inci-
dent to a corporation.

By-laws. Sect. 2. Be it further enacted. That said corporation may,

from time to time, make such by-laws and regulations, as they
shall deem necessary, for the management of the concerns and
interests of said academy : provided, the same be not repugnant
to the constitution and laws of this Commonwealth.

Real and per- Sect. 3. Be it further enacted. That said corporation may

hold real estate, not exceeding in value ten thousand dollars, and
personal estate, not exceeding the same sum.

1827. Chap. 57—58. 617

Sect. 4. Beit further enacted, That any one of the per- First meeting.;
sons named in this act may call the first meeting of said proprie-
tors, by advertisement in the Williamstovvn newspaper, ten days
previous notice being given.

Sect. 5. Be it further enacted, That this act may at any Legislative con-
time be altered or repealed at the pleasure of the Legislature.
iFeh. 11, 1S2S.]

All Act to incorpoiate tiie Merrimack Mutual Fire Insurance Company. ChCLT), 58.

Sect. 1. BE it enacted hy the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Joseph Kittredge, Samuel Farrar, Nathaniel Persons incor-
Swift, .John Adams, Francis Kidder, Nathaniel Stevens, Amos p*"'^^®'^-
Blanchard, Amos Spaulding, Hobart Clark, and their associates,
successors and assigns, are hereby constituted a body politic and
corporate, by the name of the Merrimack Mutual Fire Insurance
Company, with powers and privileges incident to such corpora-
tions for the term of twenty-eight years.

Sect. 2. Be it further enacted, That when the sum sub- Insurance,
scribed to be insured shall amount to one hundred thousand dol-
lars, said corporation may insure, for the terra of one to seven
years, any buildings, goods or furniture, to any amount, not ex-
ceeding three quarters of the value of the property insured.

Sect. 3. Be it further enacted, That said corporation may Officers, and
choose such officers, and establish such by-laws, as they may "0^^° votmg.
deem necessary, not repugnant to the constitution and laws of
this Commonwealth ; and each member shall have as many votes
as he has policies, and may vote by proxy.

Sect. 4. Be it further enacted, That the funds of said cor- Funds, and the
poration shall be vested in stocks, or loaned on such security as fifereX'*''""
the directors may order, and shall be appropriated, first to pay the
expenses of the corporation, and next to pay the damages, which
any person may be entitled to recover on his policy. In case
any person shall have a just claim upon the corporation, exceed-
ing the amount of the existing funds thereof, the directors shall,
without delay, assess such sum as may be necessary on the mem-
bers of the corporation, in proportion to the amount of their
premiums and deposits for seven years, but not to exceed treble
the amount of such premiums and deposits.

Sect. 5. Be it further enacted, That whenever any person Satisfaction of
shall recover judgment against said corporation, he may levy his J^^&'^e^'s-
execution upon tlieir estate or funds, but, if sufficient estate or
funds cannot be found, he may levy the same on the private
property of any one of the directors : provided, they first refuse
or neglect, for the space of sixty days, to satisfy the execution,
after formal demand made on them for that purpose, and any
director, whose property may be thus taken, may sustain an ac-
tion of the case against the corporation, to recover full and ade-
quate damages therefor.

Sect. 6. Be it further enacted. That each policy of insur- Policy of insur-
ance shall, of itself, without any other ceremony, create a lien a°e^lne^n."^'

VOL. VI. 78

618

1827.

•Chap. 58—59.

Treasurer to
demand pay-
meut, &.C.

on any building insured, and on the land under it, and this provi-
sion shall not prevent the taking of other collateral security.

Sect. 7. Be it further enacted., That, in case it shall be-
come necessary to resort to the lien, or property insured, the
treasurer shall demand payment of the insured, or his legal rep-
resentative, and likewise of the tenant in possession ; and, in case
of non-payment, the corpoiation may sustain an action for any
sum due, either on the deposit note, or by assessment, and their
execution may be levied on the insured premises, and the officer
making the levy may sell the whole or any part of the estate at
auction, giving notice, and proceeding in the same manner, as is
required in the sale of equities of redemption on execution, and
the owner shall have a right to redeem the estate, by paying the
costs of sale, the amount of the execution, and twelve per cent,
interest thereon, within one year from such sale.

Sect. 8. Be it further enacted, That the office, for the
transaction of the business of said corporation, shall be located
and kept in the town of Andover ; that this corporation shall be
liable to be taxed by any general law of this Commonwealth, taxing
First meeting. Other similar institutions ; and that any member named in this act
may call the first meeting, by advertising the same in the news-
papers printed at Haverhill, in the county of Essex, and in Low-
ell, in the county of Middlesex. [Feb. 11, 1828.]

Location of
office.

Chap. 59.

Persons incor-
porated.

Powers.

By-laws.

Real and per-
sonal estate.

First meeting.

An Act to incorporate the Proprietors of the Roxbury Female School.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Eliphalet Porter, Sherman Leland, Joseph Har-
rington, John Lemist, Samuel J. Gardner, Charles Davis, Jon-
athan Dorr, David A. Sinimons and William C. Hunneman,
their associates, successors and assigns, be, and they hereby are
made a body politic and corporate, by the name of the Proprie-
tors of the Roxbury Female School, and by that name shall be a
corporation forever, w'ith power to regulate and support a school
for the education of females in Roxbury, to have a common seal,
to sue and be sued in all actions, and prosecute and defend the
same to final judgment and execution.

Sect. 2. Be it further enacted, That said corporation shall
have full power to elect, from time to time, such officers as it
may determine to be necessary or expedient ; to ordain and es-
tablish rules, orders and by-laws, not repugnant to the constitution
and laws of this Commonwealth, and the same to modify and an-
nul at pleasure, and to take and hold any real and personal estate,
the annual income whereof shall not exceed three thousand dol-
lars.

Sect. 3. Be it further enacted, That Eliphalet Porter be,
and he is hereby authorized and empowered to call the first meet-
ing of said corporation, and to fix the time and place for holding
the same, giving each person named in this act written notice
thereof.

1827. Chap. 59—60. 619

Sect. 4. Be it further enacted, That this act may at any Legislative
time be altered or repealed at the pleasure of the Legislature.
[Feb. 11, 1828. J

An Act to incorporate the Franklin Mutual Fire Insurance Company. ChttP, 60.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Eliel Gilbert, Elijah Alvord, Sylvester Allen, Persons incor-
Horatio G. Nevvcomb, Lyman Kendall, Alanson Clark, Frank- P^'^^'^'^-
lin Ripley, their associates and successors, shall be a corporation,
by the name of the Franklin Mutual Fire Insurance Company ;
and shall possess all the powers and privileges incident to such
corporations ; and shall so continue for the term of twenty years
from the passing of this act.

Sect. 2. Beit further enacted. That the said corporation Directors and
shall choose a board of directors, not more than nine, nor less
than five ; and shall establish such by-laws as they may deem
necessary : provided, that such by-laws shall not be repugnant
to the constitution and laws of this Commonwealth. In all mat- Right of voting,
ters decided in any legal meeting of said corporation, each mem-
ber shall have a right to as many votes as he has policies, and
may vote by proxy, legally authorized.

Sect. 3. Be it further enacted. That the board of direc- Duties of direc-
tors shall superintend the concerns of said corporation, and shall °''^'
have the management of the funds and property thereof, and all
matters and things thereunto relating, not otherwise provided for.
They shall have power, from time to time, to appoint a secretary,
treasurer, surveyor or surveyors, and such other officers, agents
and assistants, as to them may seem necessary, and to prescribe
their duties, fix their compensation, take such security from them
as they shall judge proper for the faithful performance of their
respective duties, and remove them at pleasure. They shall de-
termine the rates of assurance, and the sum to be assured on any
building or other property to be insured, not exceeding three
fourths of its value. They shall order and direct the making and
issuing of all policies of insurance, and providing of books, sta-
tionary, and other things needful for the office of said corporation,
and for carrying on the affiiirs thereof, and may draw on the
treasurer thereof for the payment of all losses incurred in trans-
acting the concerns of said corporation. They shall elect one
of their number to act as president, and may hold their meetings
as often as necessary, and shall keep a record of their proceed-
ings, and a majority of the whole number of directors shall con-
stitute a quorum for the transaction of business.

Sect. 4. Be it further enacted. That, when the sum sub- insurance of
scribed to be insured shall amount to fifty thousand dollars, said buildings, &c.
corporation may insure, for the term of one to seven years, any
building, goods or furniture, to any amount, not exceeding three
fourths of the value of the property insured ; and in case any
member shall sustain damage over and above the then existing
funds of ftie corporation, the directors may assess such further

620

1827.-

■Chap. 60.

Proviso.

Investment and
appropriation of
funds.

Satisfaction of
judgments and
executions.

Private proper-
ty of directors
liable.

Persons sus-
taining loss shall
give notice
thereof.

sum or sums, upon each member, as may be in proportion to the
sum by him insured, and the rate of hazard originally agreed on :
provided, that no member, during the term of seven years, shall
be held to pay, by way of assessments, more than two dollars for
each doHar by him advanced as premium and deposit.

Sect. 5. Be it further enacted, That the monies, advanced
by each person insured, shall, within sixty days after such ad-
vancement, be vested in the stock of some incorporated bank,
stocks of the United States, or notes and bonds secured by
mortgages, or other security, at the discretion of the president
and directors, and the proceeds of the same shall be appropriated
and applied to pay the damages or loss, that any member may
sustain by fire, and to defray the expenses of the corporation ;
and each of the insured shall, at the expiration of his ])olicy or
policies, have a right to demand and receive from the corporation
his share of the remaining funds, in proportion to the sum or
sums by him actually paid.

Sect. 6. Be it further enacted, That when any member
of the said corporation, so insured, shall sustain any loss for
which the same corporation shall be held to indemnify him, and
he shall recover judgment therefor against it, he shall have a right
to levy his execution, issued on such judgment, on any of the
funds of the said corporation ; and when he shall not find suffi-
cient funds of said corporation, to satisfy the same, and all costs
thereon, within ninety days after demand made for that purpose
on the treasurer, or any director of said corporation, and when
the directors shall neglect or refuse, for and during the ninety
days aforesaid, to make an assessment agreeable to the principles
herein expressed, and deliver the same to the treasurer of said
corporation, and direct him to collect the same, in such manner
as the said corporation may point out, to satisfy such execution
as far as the said funds and assessments may extend, then, and in
that case, it shall be lawful for such judgment creditor to levy or
extend his said execution on the private projierty of any of the
said directors, to the amount of the damages and costs, he shall
be entitled to receive and recover on said execution ; and any
director, whose estate, real or personal, shall be so taken, may
recover compensation therefor by an action on the case against
the said corporation.

Sect. 7. Be it further enacted, That whenever any person
shall sustain any loss of property by fire, so insured, he shall,
within sixty days next after, give notice of the same to such of the
directors as shall be agreed upon by the said corporation for that
purpose, whose duty it shall be to view, either in person, or by
some agent or agents by them appointed for that purpose, when
[ichere'] the fire happened, and inquire into the circumstances
attending the same, and determine, in writing, under their hands,
the amount (if any) of the said corporation's liability for such
loss ; and if the sufferer shall not acquiesce in their determination,
he or she, within thirty days next after such determination shall
be made known by said directors, may bring an action at law

1827. Chap. 60—61. 621

against said corporation, for such loss, before any court of conn-
pctent jurisdiction, within the county of Franklin ; and in case
the sufferer shall not, by verdict of a jury, recover more than the
damage determined on by the directors as aforesaid, the plaintiff
in such action shall have judgment on the verdict, but the corpo-
ration shall recover their costs, and execution shall issue for the
balance in favour of the party entitled to recover it.

Sect. 8. Be it further enoctcd, That so soon as the amount Directors lo
of the corporation's liability shall be ascertained in either of the menrs^&c!^'
ways mentioned in this act (and the funds at hand not being suf-
ficient) the said directors shall make an assessment upon the
members of said corporation, agreeably to the principles of this
act, and deliver the same to the treasurer of the said corpora-
tion to collect.

Sect. 9. Be it further enacted^ That each policy of insur- Policy shall be
ance shall of itself, without any other ceremony, create a lien on a hen on estate.
any building insured, and on the land under it ; and this provis-
ion shall not prevent the taking of any other collateral security.

Sect. 10. Be it further enacted, That in case it should be- Treasurer shall
come necessary to resort to the lien on the property insured, |^^e"if°&c^^"
the treasurer shall demand payment of the insured, or his legal
representative, and likewise of the tenant in possession ; and in
case of non payment, the corporation may sustain an action for
any sum due, either on the deposit note, or by assessment ; and
their execution may be levied on the insured premises ; and the
oiBcer making the levy may sell the whole, or any part of the
estate at auction, giving notice, and proceeding in the same
manner as is required in the sales of equities of redemption on
execution ; and the owner shall have a right to redeem the es-
tate by paying the cost of sale, the amount of the execution,
and twelve per cent, interest thereon, within one year from such
sale.

Sect. 11. Be it further enacted, That any one of the per- First meeiincr.
sons herein named, are hereby authorized to call a meeting of
the members of said corporation, at such time and place as he
shall think fit, by advertising the same in a newspaper printed at
Greenfield, fourteen days previous to said meeting.

Sect. 12. Be it further enacted. That the Franklin Mutual Liability to tax-
Fire Insurance Company, shall be liable to be taxed by any gene- ^^'°"-
ral law providing for the taxation of all similar corporations.
[Feh. 11, 1828.]

An Act to incorporate the Proprietors of Sherburne Academy. CllttT) 6 1

Sect. 1. BE it enacted hy the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Shearjashub Bourne Townsend, Calvin Persons incor-
Sanger, Daniel Paul, John Perry, their associates and succes- porated.
sors, shall be a corporation by the name of the Proprietors of
Sherburne Academy, and by that name may sue and be sued,
implead and be impleaded, have a common seal ; and at any le- General pow-
gal meeting, establish rules, orders, and by-laws, for the vvell or- ^^^-

622

1827.-

-Chap. 61—62.

dering and governing the affairs of said corporation : provided,
the same are not repugnant to the laws of this Commonwealth ;
and may annex penalties for the breach of any such rules, orders,
or by-laws : provided, the same shall not exceed five dollars ;
and said corporation are hereby vested with all the powers ne-
cessary to carry into effect the purposes of this act.

Sect. 2. Be it further enacted, That said corporation may
hold and possess any real or personal estate, the annual income
of which, shall not exceed three thousand dollars ; and the pro-
perty of said corporation shall be divided into such a number of
shares, as the corporation shall determine ; and each proprietor
shall have a certificate of his share signed by the treasurer and
secretary ; and no transfer of any share shall be legal, until the
same shall have been recorded by the clerk in a book kept for
• that purpose ; each share shall entitle the proprietor thereof to
one vote : provided, however, that no proprietor shall be entit-
led to more than three votes.

Sect. 3. Be it further enacted, That either of the persons
named in this act, may call the first meeting of said proprietors,
by giving notice of the time and place of meeting, by posting
up a notification thereof in some public place in said town of
Sherburne, at least fourteen days before said meeting.

Sect. 4. Be it further enacted. That the Legislature may
at any time hereafter alter or repeal this act. [^Feb. 11, 1828.]

ChttJ)) 62. •'^" -^^^ '° incorporate the President, Directors and Company of the Merchants Bank.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authori-
ty of the same. That George Hallet, Lemuel Pope, John F.
Loring, Thomas B. Wales, Seth Knowles, William W. Stone,
Eben. Appleton, their associates, successors and assigns, shall
be, and hereby are created a corporation, by the name of the
President, Directors and Company of the Merchants Bank, and
shall so continue until the first ^londay in October, which will be
in the year of our Lord one thousand eight hundred and thirty-
one ; and the said corporation shall always be subject to the
rules, restrictions, limitations, taxes and provisions, and "be entit-
led to the same rights, privileges and immunities, which are
contained in an act entitled " an act to incorporate the Presi-
dent, Directors and Company of the State Bank," except in so
far as the same are modified or altered by this act, as fully and
effectually, as if the several sections of said act, were here-
in specially recited and enacted : provided, however, that the
amount of bills issued from said bank, at any one time, shall
not exceed fifty per centum on the amount of the capital stock
actually paid in.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of the sum of five hundred thou-
sand dollars, in gold or silver, to be, besides such part as the
Commonwealth may subscribe, in manner hereafter mention-
ed, divided into shares of one hundred dollars each, which shall

Real and per-
sonal estate.

Shares.

Right of voting

First meeting.

Legislative con-
trol.

Persons incor-
porated.

Powers and du
ties.

1811 ch. 84.

Proviso.

Capital stock.

1827. Chap. 62. 623

be paid in manner following : that is to say, fifty per centum there- Shares, ami the
of on or before the first day of July next, and the residue in of/"* "
such times, and in such proportions, as the directors hereafter to [Time extcnd-
be chosen shall determine: provided, that the whole amount ed 1828 ch. 21.]
shall be paid in within one year from the passing of this act ;
and no stockholder shall be allowed to borrow any money of
said bank, until he shall have paid in his full proportion of the
whole of the said capital stock, as herein before provided ;
and no dividend shall be declared on the capital stock of said
bank, until the same sum of five hundred thousand dollars shall be
paid in, in manner aforesaid ; and the stockholders shall, at their
first meeting, by a majority of votes, determine the mode of
transferring and disposing of said stock and the profits thereof,
which being entered in the books of said corporation, siiall be
binding on the stockholders, their successors and assigns, until
they shall otherwise determine ; and the said corporation are
hereby made capable in law, to have, hold, purchase, receive, Real estate,
possess, enjoy and retain to them, their successors, and assigns,
lands, tenements, and hereditaments, to the amount of one hun-
dred thousand dollars and no more, at any one time, with the
power to bargain, sell, dispose and convey the same by deed,
under the seal of said corporation, and signed by the president
or two directors, and to loan and negotiate their monies and
effects by discounting, on banking principles, on such security as
they may think advisable : provided, hoivever, that nothing here-
in contained shall restrain or prevent said corporation from
taking and holding real estate in mortgage or on execution, to
any amount, as security for, or in payment of, any debt due to
the said corporation : and provided, further, that no money
shall be loaned, or discount made, nor shall any bills or prom-
issory notes be issued from said bank, until the capital subscrib-
ed and actually paid in, and existing in gold and silver, in their
vaults, shall amount to two hundred and fifty thousand dollars ;
nor until said capital stock actually in said vaults, shall have Examination
been inspected and examined by three commissioners to be ap- and return ni

, ,' , r 1 1 1 • I 11 capital stock.

pointed by the governor, tor that purpose, whose duty it shall
be, at the expense of said corporation, to examine the monies
actually existing in said vaults, and to ascertain, by the oath of
the directors of said bank, or the majority of them, that said cap-
ital stock hath been bona fide paid in by the stockholders of said
bank, and towards payment of their respective shares and not
for any other purpose, and that it is intended therein to remain
as a part of said capital, and to return a certificate thereof to
the governor.

Sect. 3. Be it further enacted. That the said bank shall Rank to be kept
be established and kept in the city of Boston, and no loan or '"
discount shall be made, nor shall any bill or note be issued by
the said corporation, or by any person on their account, in any
other place than at the bank aforesaid.

Sect. 4. Be it further enacted, That the persons herein First meeting-,
before named, or any three of them, are authorized to call a

Common
wealth,

624 1827. Chap. 62.

meeting of the members and stockholders of said corporation,
as soon as may be, at such lime and place, as they may see fit
to appoint, by advertising the same in any two of the newspa-
pers printed in Boston, for the purpose of making, ordaining.
By-laws, &c. and establisiiing such by-laws and regulations, for tlie orderly
conducting the affairs of said corporation, as the stockholders
shall deem necessary, and the choice of the first board of di-
rectors, and such other officers, as they siiall see fit to choose.
Loans to the Sect. 5. Be it further enacted^ That whenever the Legis-

lature shall require it, the said corporation shall loan to the Com-
monwealth any sum w^hich may be required, not exceeding ten
per centum of the capital stock actually paid in at one tiine,
reimbursable by five annual instalments, or any shorter time, at
the election of the Commonwealth, with the annual payment of
interest, at a rate, not exceeding five per centum per annum :
provided, however, that the Commonwealth shall never stand in-
debted to said corporation without their consent, for a larger
sum than twenty per centum of their capital then paid in.
Commonwealth Sect. G. Be it further enacted, That the Commonwealth
t'o^c"api"taf stock. ^''^'^ have a right, whenever the Legislature shall make provis-
ion therefor by law, to subscribe, on account of the Common-
wealth, a sum, not exceeding fifty per centum of the capital
stock, to be added to the capital stock of said corporation, sub-
ject to such rules, regulations, and provisions, as to the manage-
ment thereof, as shall be by the Legislature made and estab-
lished.
Legislature may Sect. 7. Bc it further enacted, That whenever the
appoint clirec- Commonwealth shall subscribe to the capital stock of said cor-
poration, in manner herein before provided for, in addition to
the directors by law to be chosen by the stockholders, the Leg-
islature shall have a right, from time to time, to appoint a num-
ber of directors, to said bank, in proportion as the sum paid
from the treasury of the Commonwealth, shall be to the whole
amount of stock actually paid into said bank, if at any time
hereafter they shall see fit to exercise that right.
Cashier to give Sect. 8. Be it further enacted. That the cashier, before
°" ■ he enters upon the duties of his office, shall give bond with

sureties, to the satisfaction of the board of directors, in a
sum not less than fifty thousand dollars, with conditions for the
faithful discharge of the duties of his office,
'r^'-'*- Sect. 9. Be it further enacted, That the said corporation,

from and after the first day of July nest, shall pay, by way
of tax, to the treasury of this Commonwealth, for the use of
the same, vathin ten days after the first Monday in October and
April annually, the half of one per centum on the amount of
stock, which shall have actually been paid in.
Corporation li- Sect. 10. Be it further cnactcd. That the said corporation
able to pay shall be liable to pay, to any bona fide holder, the original
ofli'terld noTcs! a"^ount of any note of said bank, counterfeited or altered in the
course of its circulation to a larger amount, notwithstanding
such alterations, and shall also be holden to pay, to any bona

1827. Chap. 62—63. 625

fide holder, the amount of any note counterfeited, unless all the
notes actually issued by said corporation, shall be printed, or im-
pressed with the stereotype plate ; and said corporation shall
not, at any place whatever, directly or indirectly, purchase, re-
ceive, pay, or exchange, any bill or note of said bank, or of
any other bank incorporated within this Commonwealth, for
any less sum than the nominal value expressed in such bill or
note.

Sect. 11. Be it further enacted^ That if the bank here- Condition of
by created, be not put into operation, within one year from the ***'* **^'-
date of this act, the same shall be void ; and no part of the
capital stock of said bank shall be sold or transferred, until the
whole amount thereof shall have been paid in. [jPe6. 11, 1828.]
Add. act, 1828 ch. 21.

An Act to incorporate the Trustees of Lancaster Academy. f^hfin f?*^

Sect. 1. BE it enacted hy the Senate and House of Repre- "'

sentatives, in General Court assembled, and by the authority of
the same, That Solomon Strong, Nathaniel Thayer, Ira H. T. Persons incor-
Blanchard, Joseph G. Kendall, Joseph Willard, George Baker, po'^^'ed.
Horatio Carter, Davis Whitman, Peter Osgood, Calvin Lincoln,
and Solon Whiting, be, and they hereby are, incorporated into
a body politic, by the name of the Trustees of Lancaster
Academy ; and they and their successors shall be and continue a
body politic, by that name forever.

Sect. 2. Be it further enacted, That all lands, monies, or
other property, heretofore given or subscribed, for the purpose of
erecting and establishing an academy in the town of Lancaster,
in the county of Worcester, or which shall hereafter be given,
granted or assigned to the said trustees, shall be confirmed to the
said trustees, and their successors in that trust, forever, for the
uses which in such instruments shall be expressed ; and the said Real and per-
trustees shall be capable of having, holding, and taking, in fee ^°"*' ^*'**®-
simple, by gift, grant, devise or otherwise, any lands, tenements
or other estate, real or personal : provided, the annual income of
the same shall not exceed the sum of three thousand dollars ; and
shall apply the interest, rents and profits thereof, so as most ef-
fectually to promote the design of the institution.

Sect. 3. Be it further enacted, That the said trustees, for Duties of the
the time being, shall be the visitors and governors of said institu- 'nistees.
tion, shall have full power, from time to time, to elect such offi-
cers thereof as they shall judge necessary and convenient, and fix
the tenure of their respective offices ; to remove from office any
trustee, when he shall become incapable, from age or otherwise,
of discharging the duties of his office ; to fill all vacancies that
may happen in the board of trustees, by electing suitable persons
therefor ; to determine the times and places for holding their
meetings, the manner of notifying the trustees, the method of
electing and removing members of the board ; to ascertain the
powers and duties of their several officers ; to elect instructors
and instructresses, and prescribe their duties ; to make and or-

voL. VI. 79

626

1827.-

-Chap. 63—64.

General pow-
ers.

Number of trus-
tees.

First meeting

Legislative
control.

Chap. 64.

Persons incor-
porated.

Powers.

Real and per-
sonal estate.

Shares.
Votes.

First meeting.

dain reasonable rules, orders and by-laws, with reasonable penal-
ties, for the government of the institution : provided^ the same be
not repugnant to the constitution and laws of the Commonwealth.

Sect. 4. Be it further enacted, That the trustees of said
academy may have a common seal, which tliey may change at
pleasure ; and all deeds, sealed with said seal, and delivered and
acknowledged by the secretary of said trustees, by their order,
shall be good and valid in law ; and said trustees may sue and be
sued in all actions, and prosecute and defend the same to final
judgment and execution, by the name of the Trustees of Lan-
caster Academy.

Sect. 5. Be it further enacted, That the number of said
trustees shall never exceed eleven, nor [6e] less than seven, five
of whom shall be necessary to constitute a quorum for doing
business, but a less number may adjourn from time to time ;
and a majority of those present shall always decide all questions
that may properly come before the same trustees, except that a
majority of all the trustees shall be necessary to remove any
member from the board.

Sect. 6. Beit further enacted, That the Honorable Sol-
omon Strong be, and he is hereby authorized and empowered to
fix the time and place for holding the first meeting of the trustees,
and to give them notice thereof.

Sect. 7. Be it further enacted, That this act may be al-
tered or repealed by the Legislature at any time hereafter. [Feb.
11, 1828.]

An Act to incorporate the Proprietors of Milford Academy.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That William Godfrey, John Claflin, Jun., Nathan
Wood, their associates, successors and assigns, be, and they
hereby are incorporated, by the name of the Proprietors of
Milford Academy, in the town of Milford, in the county of Wor-
cester, with power to have a common seal, to sue and be sued,
to make by-laws and regulations for the government of their own
affairs, not repugnant to the constitution and laws ot this Com-
monwealth, and to appoint such ofiicers for the regulation ofiheir
concerns as they may deem expedient, with power to hold real
estate, not exceeding in value four thousand dollars, and personal
estate not exceeding in value five thousand dollars.

Sect. 2. Be it further enacted, That the property of said
corporation shall be divided into shares of fifty dollars each, and
each share shall entitle the proprietor thereof to one vote : pro-
vided, no one member of said corporation shall give more than

six votes.

Sect. 3. Be it further enacted, That any two ot the per-
sons herein named may call the first meeting of said corporation,
by notice printed in one of the newspapers published in Worces-
ter ten days, at least, before the time appointed for such meeting.

1827. Chap. 64—65. 627

Sect. 4. Be it further enacted, That this act shall be sub- Legislative
ject to revision or repeal at the will of the Legislature. [Feb. *=°""'°-
11, 182S.]

An Act to incorporate the Slate Insurance Company. CfldZ) 65

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Samuel King, Thomas Perkins, Thomas Dennie, Persons incor-
Samuel D. Parker, and Daniel Parkman, with their associates, P°^^^^<^-
successors, and assigns, be, and they are hereby incorporated
into a body politic, by the name of the State Insurance Compa-
ny, for and during the term of twenty years fi'om and after the
passing of this act, with all the privileges granted to insurance Powers and
companies, and subject to all the restrictions, duties and obliga- «^"''es-
tions, contained in a Jaw of this Commonwealth, entitled " an act isiTch. 120.
to define the powers, duties and restrictions of insurance compa-
nies," passed on the sixteenth day of February, in the year of our
Lord one thousand eight hundred and eighteen, and in a law of this
Commonwealth, entitled " an act authorizing the several insurance 1819 ch. 141.
companies in this Commonwealth to insure against fire," passed on
the twenty-first day of February, in the year of our Lord one thou-
sand elglit hundred and twenty ; and by that name may sue and be
sued, plead and be impleaded, appear, prosecute, and defend to final
judgment and execution, and have a common seal, which they
may alter at pleasure ; and may purchase, hold, and convey any
estate, real or personal, for the use of said company : provided, Real estate,
they shall not hold real estate exceeding the value of fifty thou-
sand dollars, excepting such as may be taken for debt, or held as
collateral security for monies due to said company.

Sect. 2. Be it further enacted. That the capital stock of capital stock,
said company, exclusive of premium notes, and profits arising ^'^^''^S' and the
from business, shall be three hundred thousand dollars, and shall be of.
divided into shares of one hundred dollars each, fifty per cent,
of which shall be paid in, in money, within sixty days after the
first meeting of the said company, and the residue in such instal-
ments, and under such penalties, as the president and directors
shall in their discretion direct and appoint, within one year from
the passing of this act.

Sect. 3. Be it further enacted, That the stock, proper- Choiceofdi-
ty, affairs and concerns of the said company shall be managed and ''^'='°''*-
conducted by nine directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until others
are chosen, and no longer ; and who shall, at the time of their elec-
tion, be stockholders and citizens of this Commonwealth, and
shall be elected on the second Monday in January, in each and
every year, at such time of the day, and in such place in the city
of Boston, as a majority of the directors for the time being shall
appoint ; of which election public notice shall be given in two
of the newspapers printed in the city of Boston, and continued for
the space of ten days immediately preceding such election ; and
the election shall be made, by ballot, by a majority of the votes

628

1827..

-Chap. 65.

Board of di
rectors.

By-laws.

Right of voting, of the Stockholders present, allowing one vote for each share in the
capital stock : provided, that no stockholder shall be allowed more
than thirty votes ; and absent stockholders may vote by proxy,
under such regulations as the said company shall prescribe ; and
if, from any cause, the said directors should not be chosen on the
second Monday of January, as aforesaid, it shall be lawful to
choose them on any other day, in the manner herein prescribed.
Election of Sect. 4. Be it further enacted, That the directors, when cho-

president, &c. gen, shall meet as soon as may be after every election, and shall
choose, out of their body, one person to be president, who shall
be sworn faithfully to discharge the duties of his office and who
shall preside for one year ; and, in case of the death, resignation
or inability to serve, of the president, or any director, such va-
cancy or vacancies shall be filled for the remainder of the year
in which they happen, by a special election for that purpose, to
be held in the same manner as herein before directed respecting
annual elections of directors.

Sect, 5. Be it further enacted, That the president and four
of the directors, or five directors in the absence of the pres-
ident, shall be a board competent for the transaction of business;
and all questions before them shall be decided by a majority of
votes ; and they shall have power to make and prescribe such by-
laws, rules and regulations as to them shall appear needful and
proper, touching the management and disposition of the stock,
property, estate and effects of said company, and the transfer of
the shares, and touching the duties and conduct of the several of-
ficers, clerks, and servants employed, and the election of direc-
tors, and all such matters as appertain to the business of insu-
rance, and also shall have power to appoint a secretary, and so
many clerks and servants for carrying on the said business, and
with such salaries and allowances to them, and to the president.
Proviso. as to the said board shall seem meet : provided, such by-laws and

regulations shall not be repugnant to the constitution or laws of this
Commonwealth-
First meeting. Sect. 6. Be it further enacted. That any two or more
persons named in this act of incorporation are hereby authorized
to call a meeting of the said company as soon as may be in Bos-
ton, by advertising the same, for two successive weeks, in two of
the newspapers printed in Boston, for the purpose of electing a
first board of directors, who shall continue in office until the sec-
ond Monday of January, in the year of our Lord, then next en-
suing.

Sect. 7. Be it further enacted, That the said State In-
surance Company shall be liable to be taxed by any general law
providing for the taxation of all similar corporations.

Sect. 8. Be it further enacted, That said company shall
not take any risk, nor subscribe any policy, until one moiety of
thecapitalstockshallactually have been paid in. [Feb. 11, 1828.]

Liability to tax-
ation.

1827. Chap. 66—67. 629

An Act cedinff to the United States jurisdiction over a Tract of Land purchased by f^hnin fJft
them in Chelsea, for the erection of a Naval Hospital thereon. KynUp» OU.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the consent of this Commonwealth be, and hereby is jurisdiction
granted to the United States, to purchase and hold a tract of over land in
land situate in Chelsea, in the county of Suffolk, for a Naval [o u'.'s^ "''^'*
Hospital, within the following limits, viz : beginning at a point
at low water mark on the north side of the northern channel of
Mistic River, where it touches Chelsea Bridge, thence north-
easterly along the western side of said bridge to high water
mark, thence northeasterly along the north side of Salem Turn-
pike road fifteen rods, to the land of Abel Gardner, from thence
northerly by the land of said Gardner, eight rods and three
links, from thence northeasterly partly by the land of said Gard-
ner, partly by the land of the proprietors of Salem Turnpike,
and partly by the land of Samuel Chittenden, fifteen rods and
six links, from thence southerly by the land of said Chittenden
to the Salem Turnpike, from thence by the Salem Turnpike to
the land of Thomas Williams, from thence northerly by the
land of said Williams to Island End River, from thence by a
line due west to Mill River, from thence southwesterly along
the low water line of said river to its junction with Mistic River,
thence southeasterly along the northern low water line of the
north channel of Mistic River to the place of beginning ; con-
taining seventy-four acres of land, be the same more or less. A
plan or map of said described premises is required to be depos-
ited in the office of the secretary of state of this Common-
wealth : provided, that this Commonwealth shall retain, and does Proviso,
hereby retain, concurrent jurisdiction with the United States in
and over said land, so far that all civil and criminal process is-
sued under the authority of this Commonwealth, or any officer
thereof, may be executed on any part of said land, or in any
building which now is, or may be hereafter erected thereon, in
the same way and manner as if this consent had not been grant-
ed : provided also, that the provisions of this act shall not go
into effect until the building for said Naval Hospital be erected
on said described premises. [Feb. 20, 1828.]

An Act to incorporate the First Methodist Episcopal Society in the town of Saugus. (^hnv) QH

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That John Shaw, Jonathan Makepeace, Benjamin F. Persons incor-
Newhall, John T. Burrill, Jonathan Newhall, Charles Sweetser, ported.
Benjamin B. Hutchings, Joseph G. Goldthwait, George Make-
peace, Jacob Newhall, Junior, and their associates, be, and they
are hereby incorporated into a religious society, by the name of
the First Methodist Episcopal Society in the town of Saugus,
with all the powers, privileges and immunities to which parishes Powers and pri-
are entitled by the constitution and laws of this Commonwealth; ^'eges.
and may purchase, receive by gift, or otherwise, and hold, real Real or person-
or personal estate, the annual income of which shall not exceed *' estate.

630

1827.-

-Chap. 67—69.

Donations to be
under the direc-
tion of trustees.

Power of trus-
tees.

the sum of one thousand dollars, for the purpose of supporting
public worship therein ; and may also ordain and establish such
by-laws and regulations, as to tliem shall seem necessary and
convenient for tlie government of their society, and the manage-
ment of their parochial and ministerial funds : provided, such
by-laws and regulations shall be in no wise contrary to the con-
stitution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That all gifts, grants or
monies received by said society, shall be under the direction of
seven trustees, to be appointed agreeably to the usages of the
Methodist Episcopal Church.

Sf:ct. 3. Be it further enacted, That said trustees be, and
they are hereby vested with, and shall have full power to receive
all monies, subscriptions, donations and securities for real or
personal estate, that may hereafter be given, raised or subscribed,
for the use of said society ; and said trustees are hereby empow-
ered, by purchase or operation of law, to lake, have, hold, use,
improve and manage any estate, real or personal, the annual in-
come whereof shall not exceed the sum of one thousand dollars,
in trust, for the support and maintenance of the gospel ministry.
Deeds of pews, and Other e::penses of said society ; and all deeds of pews in the
meeting-house of said society, being duly executed and recorded
by the clerk of said society, in a book kept by him for that pur-
pose, shall be good and valid in law.

Sect. 4. I3e it further enacted, That any justice of the
peace for the county of Essex be, and he hereby is empowered,
on application therefor, to issue his warrant to some member of
said Methodist Episcopal Society, requiring him to notify and
warn the members thereof, to meet at such time and place as
shall be appointed in said warrant, for the election of such offi-
cers as parishes are by law required to choose, at their annual
meetings, and to transact such other parochial business as may
be authorized by said warrant.

Sect. 5. Be it further enacted, That this act may at any
time be altered, amended or repealed, at the pleasure of the
Legislature. [Feb. 20, 1828.]

First meeting'.

Legislative con
trol.

Chap. 68.

Sept. 18, 1752.
Name altered.

Chap. 69.

Persons incor-
porated.

An Act to alter the name of the town of South Brimfieid, in the county of Hampden.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the axdhority of the same,
That the name of the town of South Brimfieid, in the county of
Hampden, be, and the same hereby is altered to the name of
Wales ; and that said town shall henceforth be known and called
by the said last mentioned name, any thing in the act whereby
the said town was incorporated to the contrary notwithstanding.
[Feb. 20, 1828.]

An Act to incorporate the Lynn Mutual Fire Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That James Gardner, Jonathan Bacheller, Winthrop
Newhall, Isaiah Breed, Robert W. Trevett, Benjamin Massey,

1827. Chap. 69. 631

William B. Breed, John Lovejoy, Daniel Silsbee, Stephen

Smith, Junior, Henry A. Breed, and their associates, successors

and assigns, are hereby constituted a body politic and corporate,

by the name of the Lynn Mutual Fire Insurance Company, with

powers and privileges incident to such corporations, for the term Powers and pri-

of twenty-eight years. viieges.

Sect. 2. Be it further enacted , That when the sum sub- insurance of
scribed to be insured shall amount to one hundred thousand dol- buildings, &c.
lars, said corporation may insure, for the term of from one to
seven years, any buildings, goods or furniture in the towns of
Lynn, Saugus and Lynnfield, in the county of Essex, to any
amount not exceeding three quarters of the value of the property
insured.

Sect. 3. Be it further enacted^ That said corporation shall Directors, by-
choose a board of directors, not more than nine, nor less than 'aws and right

ox votine'.

five ; and shall establish such by-laws as they may deem neces-
sary, not repugnant to the constitution and laws of this Common-
wealth ; and each member shall have as many votes as he has
policies, and may vote by proxy.

Sect. 4. Be it further enacted^ That the funds of said investment and
corporation shall be vested in stocks, or loaned on such security appropriation of
as the directors may order ; and shall be appropriated, first to
pay the expenses of the corporation, and next to ])ay the dam-
ages which any member may be entitled to recover on his policy.
In case any member shall have a just claim upon the corporation,
exceeding the amount of their then existing funds, the directors
shall, without delay, assess such sum as may be necessary on the Assessments,
members, in proportion to the amount of their premiums and
deposits for seven years, but not to exceed double the amount of
such premiums and deposits.

Sect. 5. Be it further enacted, That whenever any mem- satisfaction of
ber shall recover judgment against said corporation, he may levy judgments and

1- • i-.^rj iJt j32-^ ' executions.

his execution on iheir estate or lunds ; but it suincient estate or
funds cannot be found, he may levy the same on the private prop-
erty of any one of the directors, provided they first refuse, or
neglect, for the space of sixty days, to satisfy the execution, after
formal demand made on them for that purpose ; and any director
whose property may be thus taken, may sustain an action of the
case against the corporation, to recover full and adequate dam-
ages therefor.

Sect. 6. Be it further enacted, That each policy of insu- Policy shall be
ranee shall, of itself, without any other ceremony, create a lien f^ ''en on estate.
on any buildings insured, and on the land under the same ; and
this provision shall not prevent the taking of other collateral
security.

Sect. 7. Be it further enacted. That in case it should peasurer shall

, '^ I !• I -J demand pay-

become necessary to resort to the Jien on the property insured, ment, &c.
the treasurer shall demand payment of the insured, or his legal
representative, and likewise of the tenant in possession ; and in
case of non-payment, the corporation may sustain an action ior
the sum due, either on the deposit note, or by assessment ; and

632

1827.-

-Chap. 69—71.

Redemption of
estate sold.

First meeting.

Chap. 70.

Description of
boundary.

Proviso.

Chap. 71,

Persons incor-
porated.

their execution may be levied on the insured premises, and the
officer making the levy may sell the whole, or any part of the
estate at auction, giving notice, and proceeding in the same man-
ner, as is required in the sale of equities of redemption on execu-
tion ; and the owner shall have a right to redeem the estate, by
paying the costs of sale, the amount of the execution, and twelve
per cent, interest thereon, within one year from said sale.

Sect. 8. Be it further enacted^ That this corporation shall
be liable to be taxed, by any general law of this Commonwealth
taxing other similar institutions ; and either of the persons named
in this act may call the first meeting, by advertising the same in
any newspaper printed in the county of Essex. [jPe6. 20, 1828.]

An Act altering the dividing line between the tovnis of Dartmouth and Westport.

BE it enacted by the. Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That from and after the passing of this act, the dividing line be-
tween the said towns of Dartmouth and Westport, shall be as
follows, viz : commencing at the sea shore at the southeast cor-
ner of Tillinghast Almy's homestead farm, thence northerly,
following the centre of the road as now travelled, to a point
opposite where William Petty's house formerly stood, thence
north thirty degrees west, three hundred and forty rods, to
Bread and Cheese Brook road, so called ; thence north one
hundred and ninety rods, to the line which divides the said town
of Westport from the town of Troy ; and that the line as above
described shall hereafter be the dividing line between the said
towns of Dartmouth and Westport, any thing in the act incorpo-
rating the said town of Westport to the contrary notwithstanding :
provided, nevertheless, that nothing in this act contained shall
impair or affect any contract or agreement entered into by and
between said towns of Dartmouth and Westport, or their agents,
relative to the construction or maintenance of said road or high-
way : and provided ako, that if a road should be located from
the said point opposite said Petty's house, northerly on the line
between said towns to Troy line, the same shall be made and
maintained by each of said towns in the proportion that each paid
in the last state tax. [Fe6. 20, 1828.]

An Act to incorporate the Provident Institution for Savings, in the towns of Salisbury
and Amesbury.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the author-
ity of the same. That Jacob Brown, Joseph Flanders, Thomas
Boardman, James Horton, Joseph Wadleigh, Daniel Blosdell
and Nathan Crosby, of Salisbury, and Ephraim Morrill, Robert
Patten, Thomas Bailey, Joshua Auben, Enoch Winkley, Rob-
ert Cross, John Wadleigh, Joseph Mann and James Homer, of
Amesbury, be, and they hereby are incorporated into a society,
by the name, style and title of the Provident Institution for
Savings, in the towns of Salisbury and Amesbury ; and that they
and such others as shall be duly elected members of the said

1827. Chap. 71. 633

corporation, as in this act provided, sJiall be and remain a body
politic and corporate, by the same name, style and title, during
the pleasure of the Legislature.

Sect. 2. Be it further enacted., That the said society and Deposits,
corporation shall be capable of receiving from any person or per-
sons disposed to obtain and enjoy the advantages of said institu-
tion, any deposit or deposits of money, and to use and improve
the same for the purposes, and according to the directions, herein
made and provided.

Sect. 3. Be it further enacted, That all deposits of money Depositors to
received by the said society, shall be, by the said society, used '^^g,^^ ^^^
and improved to the best advantage, and the income or profit
thereof shall be by them applied and divided among the persons
making the said deposits, their executors or administrators, in
just proportions, with such reasonable deductions for actual ex-
penses in managing the same, and the principal of such deposits
may be withdrawn, at such times and in such manner, as the said
society shall direct and appoint.

Sect. 4. Be it further enacted, That the said society and Election of
corporation shall, at their first meeting, and at their annual meet- IJ'ig^i'ut^ojf'o'f
ing in March of each year, have power to elect by ballot any membership,
other person or persons as members of the said society ; and any
one metnber, upon filing a written notice with the president of
said society three months prior, may, upon any annual meeting
of said society, withdraw, and forever dissolve his connexion
with the same.

Sect. 5. Be it further enacted, That the said society may General pow-
have a common seal, which they may change and renew at plea- ^^^'
sure, and that all deeds, conveyances and grants, covenants and
agreements, made by their treasurer, or any person by their
authority and direction, shall be good and valid ; and the said
corporation shall at all times have power to sue, and may be
sued, and may defend and shall be held to answer by the name,
style and title aforesaid.

Sect. 6. Be it further enacted, That the said society shall Place of meet-
hereafter meet near the Mills in Salisbury or Amesbury, some- '°S-
time in the month of March annually, and at such other times as
the society, or the president thereof, may direct ; and any thirteen
members thereof, (the president, vice-president, treasurer or
secretary being one,) shall be a quorum ; and the said society,
at their first meeting, and at their meeting in March annually. Annual meet-
shall have power to elect a president, and all such other officers '°S-
as to them shall appear necessary ; which officers, so chosen,
shall continue in office one year, and until others are chosen in
their room ; and all officers so chosen shall be under oath to the
faithful performance of the duties of their offices respectively.

Sect. 7. Be it further enacted, That the said society hereby By-laws,
are vested with the power of making by-laws for the more orderly
managing the business of the corporation, provided the same are
not repugnant to the constitution or laws of this Commonwealth.

VOL. VI. 80

634 1827. Chap. 71—75.

First meeting. Sect. 8. Be it further enacted. That any one of the per-
sons named in this act, is hereby empowered, by giving personal
notice, to each of the persons named in this act, to call and notify
the first meeting of the said society, at such time and place as
he may judge proper.

Legislative ex- Sect. 9. Be it further enacted, That the officers and aeents

aminalion and , , • ■ • • • i n i r i m ■ i r

control. oi the said institution sliall lay a statement oi the anairs thereol

before any persons, appointed by the Legislature to examine the
same, whenever required so to do, and shall exhibit to them all
the books and papers relating thereto, and shall submit to be ex-
amined by them concerning the same under oath, and the Legis-
lature may, at any time, make such further regulations for the
government of said institution, as they may deem expedient, and
may alter and amend, or repeal this act at pleasure. [Feb. 20,
1828.]

l^hCtp, I O, An Act in addition to an Act entitled, " An Act to regulate the burning of Coal Pits
90 '" ^^^ towns of Plymouth, Kingston, Carver and Wareham, in the county of Ply-

ViZi en. zy. mouth, and Sandwich, in the county of Barnstable."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Fires in wood- the Same, That no person shall hereafter put, keep, maintain, or
^aji spro I It- pgj.^jf ^Q |3g pyj^ |-gp^ Qj. maintained, any fire to, or in any coal
pit, or to any pile or parcel of wood, in any of the woodlands
in the towns of Plymouth, Kingston, Carver or Wareham afore-
said, or either of them, for the purpose of charring the same, or
put, keep or maintain, or permit to be put, kept or maintained,
any fire in any cabin, hut or building, in any of the woodlands
aforesaid, for the use or accommodation of any person or persons
at work, or employed in, or on any of said woodlands, between
the first day of April and the fifteenth day of September annually.
Penalty. Sect. 2. Be it further enacted , That if any person or per-

sons, their agent or agents, shall put, keep or maintain any fire,
in any coal pits, or pile, or parcel of wood, in any of the wood-
lands in either of the towns of Plymouth, Kingston, Carver or
Wareham aforesaid, or put, keep, maintain, or permit to be put,
kept or maintained, any fire, in any cabin, hut or building, in any
of the woodlands aforesaid, for the use or accommodation of any
person or persons at work, or employed in or on any of said
woodlands, between the first day of April and the fifteenth day
of September annually, such person or persons so offending shall,
for each and every offence, forfeit and pay the sum of one hun-
dred dollars, to be recovered in the same manner, and to the
same use, as are provided in the fourth section of the act to
which this is in addition. ^Feb. 23, 1828.]

r^hnrt 1 f-i An Act to incorporate the Gloucester Insurance Company.

"' ' Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the same. That William W. Parrot, Israel Trask, Elias Davi-
porated. gon, William Pearce, Winthrop Sargent, William Pearce, .Tr.,

B. K. Heough, William Person, Charles L. Roberts, Samuel

1827. Chap. 75. 635

Pearce, George W. Pearce, William Stevens and Obadiah
Woodbury, with their associates, successors and assigns, be, and
they are hereby incorporated into a company and body politic,
by the name of the Gloucester Insurance Company, with all the
powers and privileges granted to insurance companies, and sub- Powers and du-
ject to all the restrictions, duties and obligations, contained in a ''^^•
law of this Commonwealth, entitled "an act to define the powers, I8i7ch. 120.
duties and restrictions of insurance companies," passed on the
sixteenth day of February, in the year of our Lord one thousand
eight hundred and eighteen, and in a law of this Commonwealth,
entitled " an act authorizing the several insurance companies in i8i9ch. 141.
this Commonwealth to insure against fire," passed on the twenty-
first day of February, in the year of our Lord one thousand eight
hundred and twenty ; for and during the term of twenty years
after the passing of this act ; and by that name may sue and be
sued, plead and be impleaded, appear, prosecute and defend to
final judgment and execution, and may have a common seal,
which they may alter at pleasure ; and may purchase, hold and
convey any estate, real or personal, for the use of said company :
provided, however, the said real estate shall not exceed the value Real estate.
of ten thousand dollars, excepting such as may be taken for debt,
or held as collateral security for money due to said company.

Sect. 2. Be it further enacted, That the capital stock of ^^P'lai stock,
said company, exclusive of premium notes, and profits arising
from business, shall be one hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, fifty per cen-
tum of which shall be paid in, in money, within ninety days after
the first meeting of said company, and the residue thereof, in such
instalments, and under such penalties, as the president and direc-
tors shall, in their discretion, direct and appoint.

Sect. 3. Be it further enacted, That the stock, property, Directors, how
affairs and concerns of said company shall be managed and con- '

ducted by seven directors, one of whom shall be president there-
of, who shall hold their offices for one year, and no longer, and
who shall, at the time of their election, be stockholders in said
company, and citizens of this Commonwealth, and shall be elected
on the first Monday of January annually, at such time of the day,
and in such place, in the town of Gloucester, as the directors
for the time being shall direct, of which election public notice
shall be given in one or more newspapers printed in the county
of Essex, ten days, at least, previous to the meeting ; and the
election shall be made by ballot, by a majority of the votes of
the stockholders present, allowing one vote to each share in the
capital stock: provided, that no stockholder shall be allowed Right of voting,
more than ten votes ; and absent stockholders may vote by
proxy, under such regulations as the said company shall prescribe.
And if, by any accident, the directors should not be chosen on
the said first Monday of January as aforesaid, it shall be lawful
to choose them on any other day, in the manner herein provided.
And it shall be the duty of the secretary of said company, at any Secretary to
time, upon application in writing of the proprietors of twenty per ^^ a™^]^"",^^'

636

1827.-

■Chap. 75—76.

Election of
president.

Board of direc-
tors.

By-laws

First meeting-.

Location, and
liability to taxa-
tion.

Chap. 16.

Persons incor-
porated.

centum of the capital stock, to call a meeting of the stockholders,
to be holden at such time and place in Gloucester, as they shall
direct, for the purposes mentioned in such application, by giving
the like notice thereof as is herein required for the choice of
directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be after every election, and
shall choose, out of their body, one person to be president, who
shall he sworn or affirmed to the faithful performance of the duties
of his office, and who shall preside for one year ; and in case
of death, resignation, or inability to serve, of the president, or
any of the directors, such vacancy or vacancies may be filled for
the remainder of the year in \\hich they may hapj)en, by a special
election for that purpose, to be notified and held in the manner
as is herein before provided for, respecting annual elections of
directors.

Sect. 5. Be it further enacted, That the president and three
of the directors, or four of them in his absence, shall be a board
competent to the transaction of business ; and all questions be-
fore them shall be decided by a majority of votes ; and they
shall have power to make and prescribe such by-laws, rules and
regulations, as to them shall appear needful and proper, touching
the management and disposition of the stock, properly, estate
and effects of said company, and the transfer of the shares, and
touching the conduct and duties of the several officers, clerks,
and servants employed, and the election of the directors, and all
such matters as appertain to the business of insurance ; also
shall have power to appoint a secretary, and so many clerks for
carrying on the said business, and with such salaries and allow-
ances to them, and to their president, as to the said board shall
seem meet : provided, such by-laws and regulations shall not be
repugnant to the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted, That any five of the per-
sons named in this act, are hereby authorized to call the first
meeting of said company, by advertising the same in one or more
newspapers printed in the county of Essex, in two successive
papers, for the purpose of electing their first board of directors,
who shall remain in office until the first Monday in January next,
and until others shall be elected in their stead : and provided,
also, that said company shall not take any risk, or subscribe any
policy, by virtue of this act, until one moiety of the capital of
said company shall have actually been paid in.

Sect. 7. Be it further enacted. That said company shall
be located and kept in the town of Gloucester, and shall be liable
to be taxed by a general law providing for the taxation of all sim-
ilar corporations." [Feb. 23, 1828.]

An Act to incorporate the Lane's Cove Pier Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Samuel Lane, Winthrop Sargent, Joshua

1827. Chap. 76. 637

Tucker, Epes Young, Winthrop Sargent, Jr., Ignatius Sargent,
William Langsford, Andrew II. Laogsford, Theodore Ifoberts,
Joscpli Carter, Michael Walen, William Young, Epes Lane,
and William Hodgkins, their associates and successors, be, and
they hereby are, made a corj)oration and body politic, during
the pleasure of the Legislature of this Commonwealth, by the
name and style of the Lane's Cove Pier Company, with all
the powers, privileges, and immunities, incident to a corpora-
tion aggregate ; and said corporation is hereby made capable in
law, of having, holding, })urchasing, and taking, in fee simple,
or in any less estate, by gift, grant, devise, or otherwise, any
lands, tenements, hereditaments, or other estate, real, personal, Estate, real or
or mixed, necessary for making, upholding, and maintaining a personal.
pier or piers, to be built of stone, and erected on the northeast,
and if necessary, on the southwest side of said cove : provided,
nevertheless, that the amount thereof shall not exceed the sum
of one hundred thousand dollars.

Sect. 2. Be it further enacted, That said corporation General pow-
shall have a common seal, and change it as they see cause, and ^'"^•
shall be capable in law to prosecute and defend to final judgment
and execution, any action, or other process, before any court,
tribunal, or magistrate whatever ; and to do and perform all
such other acts, matters and things, as an aggregate corporation
may, or of right can do. And they shall have power to make
and establish such by-laws and regulations as they may find ne-
cessary or useful for the well ordering and governing their of-
ficers, agents, servants, estates, rights, property and interests.
And they shall have power to aj)point a president, treasurer,
secrectary, and such other officers, agents, and servants, as
they may find necessary and convenient for them ; and to invest
them with such powers, and subject them to such duties, as
may be provided in and by the by-laws and regulations aforesaid :
provided, the same be not repugnant to the constitution and
laws of this Commonwealth.

Sect. 3. Be it further enacted, That said corporation May dig stone,
shall have power to dig for stone, gravel, or other materials neces- and make way.
sary for the making, completing, and repairing said pier or piers,
and for making a way from said pier or piers to the highway,
by and with the consent of the owners of the land from which
such stones, gravel, and other materials may be taken, or over
which such way is proposed to be made.

Sect. 4. Be it further enacted, That said corporation May lay out
shall have power to explore, mark, and lay out, one or more ^^'^' •^'^•
parcels of flats, shores or uplands, with a privilege to extend
not more than twenty rods from low tide mark into the sea, nor
more than one hundred rods above high tide mark, in any di-
rection most convenient for them, for the purpose of making
and completing said pier or piers, and forming a basin within
the same ; that any person sustaining any damage by the build- Remedy for
ing and making of said pier or piers, or other erections, may <^^mages sus-
apply, if within two years from the time when any such damage

638 1827. Chap. 76.

may have happened, to the court of common pleas, holden
within and for the county of Essex, for a committee to be ap-
pointed to estimate the damage, unless the parties shall agree to
settle the same by arbitration, or otherwise. And upon such
application, the court, after thirty days notice to said corpora-
tion, to appear and shew cause why such comniittee should not
be appointed, shall, if no good cause be shewn to the contrary,
appoint three or five disinterested freeholders within the said
county, which committee, being first duly sworn before some
justice of the peace, appointed by said court, and giving due
notice to both parties, to appear, if they see fit, and be heard
before them, shall proceed to the duties of their appointment,
and they shall enquire whether any damage has been sustained
from the causes aforesaid, and if any, they shall estimate the
same. And they shall also take into consideration, and set off
against such damage, any benefits and advantages which may
result to the party complainant in consequence of the said pier
or piers, or other erections ; and if the said benefits shall be
found to exceed, or to equal the said damages, then the said
committee shall make their report, that the complainant take
nothing by his complaint, and they, or the major part of them,
shall make return of their doings as soon as may be, into the
said court, and upon the acceptance of said report, judgment
may be rendered for the prevailing party, with reasonable costs.
And if, upon notice to said corporation as aforesaid, to show
cause why such committee should not be appointed, said corpo-
ration shall appear, and deny the title to the lands damaged, or
shall claim a right to do the acts complained of, without the
payment of damages, or for an agreed composition, the said
court shall first order a trial of the issue at the bar of said court,
and if there is an issue in law, shall try it themselves. And in
either case either party may appeal to the supreme judicial
court, as in other cases ; and a certificate of the determination
of the supreme judicial court on such appeal, in favor of the
original applicant, shall be filed in said court of common pleas,
before such committee shall be appointed.
Penaityfor Sect. 5. Be it further enacted. That if any person or

malicious iiiju- i n -ir n i- • i i i

ry. persons shall wiituliy, maliciously, or contrary to law, take up,

remove, break down, or dig under, or otherwise injure any
part of said pier or piers, or any work or works connected with,
or appertaining to the same, or any part thereof, such person
or persons, for every such offence, shall forfeit and pay to said
corporation, treble such damages as said corporation shall to the
justice or court and jury, before whom the trial shall be, make
appear that they have sustained by means of the said trespass,
to be sued for and recovered with costs, in any court proper to
try the same ; and such offender or offenders, shall further be
liable to indictment for such trespass or trespasses, and on
conviction thereof, shall be sentenced to pay a fine, to the use
of the Commonwealth, of not less than ten dollars, nor more
than one hundred dollars.

1827. Chap. 76. 639

Sect. 6. Be it further enacted^ That the stock or pro- shares.
perty of said corporation shall be divided into three hundred
shares, certificates of which shall issue under the seal of said
corporation, and be signed by the president and treasurer there-
of; and the said shares shall be taken and deemed to be per-
sonal estate, and may be transferred by endorsement, and such
transfer shall be recorded by the secretary of said corpora-
tion ; and said corporation may make assessments on the shares,
for the purpose of effecting the objects of the corporation :
provided, however, that the whole amount of assessments on proviso,
each sliare, after deducting the amount of all dividends previ-
ously declared thereon, shall not exceed the sum of fifty dol-
lars. And in case the amounts so assessed on each share, will
not supply the necessary funds, the corporation may raise the
funds required, by selling any shares not subscribed for, or by
creating any necessary number of shares over and above the said
three hundred ; and if the proprietor of any share or shares,
shall refuse or neglect to pay any assessments, [assessment] for
the term of sixty days after the same hath become due, the
share or shares on which there is a delinquency, may be sold at Shares of de-
public auction, notice of the time and place being given by the [[^'^ol'd'^ '"^•^
treasurer of said corporation in the Gloucester Telegraph print-
ed in Gloucester, or any newspaper printed in the county of
Essex, three weeks, at least, before the time appointed for such
sale, and also by posting up notifications within the town of Glouces-
ter, ten days, at least, before such sale ; and the proceeds of
such sale shall be applied to the payments due on the share or
shares, so sold, wiih incidental charges, and the surplus, if any,
shall be paid to the former owner, or his legal representative,
on demand, and such sale shall give good and complete tide to
the purchaser or purchasers of such share or shares, who shall
receive a new certificate thereof : provided, however, that if be- Proviso,
fore the actual sale of any such delinquent share or shares, the
proprietor thereof pay the assessments due thereon, with inter-
est from the time they became due, and all necessary and rea-
sonable charges, the sale shall not pi'oceed.

Sect. 7. Be it further enacted, That the said corporation Wharfage and
shall be entitled to ask and receive for their sole use and benefit, '"'^ ^^^'
from all vessels, boats, rafts, or other articles coming within said
basin, such dockage, and such wharfage on all goods, wares and
merchandize, or other articles, as shall be landed or taken off within
the limits of said corporation, as the proprietors thereof may
agree upon, at a legal meeting held for that purpose. And the
said corporation may contract by the year or otherwise, with any
person or persons in the habit of coming within the said basin, in
writing, on such terms as may be mutually agreed upon, and such
contract shall be binding on the parties.

Sect. 8. Be it further enacted. That any five of the propri- First meeting-,
etors named in the first section of this act, may call the first meet-
ing of said corporation, to be holden at such time and place as
they may judge proper, of which meeting they shall give notice,

640 1827. Chap. 76—78.

by publishing it in the Gloucester Telegraph, printed in Glouces-
ter, or any newspaper printed in the county of Essex, the first pub-
lication to be at least fourteen days previous to said meeting, also,
by posting up said notice within the town of Gloucester, seven
days at least before said meeting : and at meetings of said corpo-
Right of voting, ration, each share shall be allowed one vote, and one vote for ev-
ery additional two shares owned by the same proprietor: pro-
vided, however, no one proprietor shall be allowed more than ten
votes, and absent proprietors may vote by proxy, duly authorized
in writing.
Legislative Sect. 9. Be it further enacted, That this act may be al-

coatroi. tered, amended or repealed at the pleasure of the Legislature.

[Feb. 23, 1828.]

f^hnn 7r{ An Act to incorporate the Plj-moulh County Mutual Fire Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons iucor- th^ samc, That David Nye, William Fearing, Elijah Willis, John
porated. Atsait, Joseph Meigs, and their associates, shall be a corporation,

by the name of the Plymouth County Mutuiil Fire Insurance
Company, and possess all the powers and privileges incident to
such corporations, for the term of twenty-eight years.
Choice of direc- Sect. 2. Be it further enacted, That said corporation
^^'^- shall choose a number of directors, not less than five, and such

other officers, and establish such by-laws, as they may deem ne-
cessary, not inconsistent with the constitution and laws of this
Right of voting. Commonwealth ; and in all matters decided in any general meet-
ing of said corporation, each member shall have a riglit to as many
votes as he has policies, and may vote by proxy.
When authori- Sect. 3. Be it further enacted, That when the sum sub-
zcL tonisure. gpribcd by the associates to be insured shall amount to the sum
of fifty thousand dollars, said corporation shall then be authorized
to instn-e for the term of one to seven years, any dwelling-house
or other buildings in the county of Plymouth, (except in the town
of Hingham,) to any amount not exceeding three-fourths of the
value of the property insured.
Investment and Sect. 4. Be it further enacted. That the funds of the
appropriation of corporation shall be vested in stocks, or loaned on such security
as the directors may order, and shall be appropriated, first, to pay
the expenses of the corporation, and next to pay the damages
which any member may be entitled to recover on his policy. In
case any member shall have a just claim against the corporation
exceeding the amount of their then existing funds, the directors
shall, without delay, assess such sum as may be necessary, on
the members, which assessment shall be in proportion to the
amount of their premiums and deposits, but shall not in any case
exceed double the amount of said premiums and deposits.
Satisfaction of Sect. 5. Be it further enacted. That whenever any mem-
judgments and ber shall recover judgment against said corporation, and the di-
" "" - rectors shall neglect to satisfy and pay the same within sixty days

after demand made for that purpose upon the treasurer, clerk, or

executions.

1827. Chap. 78—79. 641

any director of said corporation, then the execution issuing upon

such judgment may be levied upon the private property of any Private proper-

ofsaid directors, to the amount of the excess of the funds of the ty of directors

1 • 1 1 r 11 1 I liable.

corporation, together with the amount of all the assessments they
are authorized to make, over and above the amount due on judg-
ments previously demanded ; and any directors who may have
their property taken may sustain an action on the case, to recov-
er compensation therefor of die corporation, or a proportional
part thereof, and contribution therefor of the other directors.

Sect. 6. Be it further enacted, That whenever the term of Members^emi-
any policy shall expire, the member of said corporation holding tionoffunSs.
said policy shall have a right to demand of said corporation his
just proportion of all the funds belonging to the same.

Sect. 7. Be it further enacted. That said corporation shall
be liable to be taxed by any general law of the Commonwealth.
Any member of said corporation named in this act may call the First meeting,
first meeting, by publishing notice thereof in the Old Colony Me-
morial, printed in Plymouth, and the New Bedford Mercury,
printed in New Bedford, fourteen days before the time of said
meeting. [Feb. 28, 1828.] Add. act, 1832 ch. 16.

An Act to establish the Weymouth and Braintree Academy. r^hnn 7Q

Sect. 1. BE it enacted by the Senate and House of Repre- "'

sentatives, in General Court assembled, and by the authority
of the same, That Cotton Tufts, Joseph Loud, Noah Fifield, Persons incor-
Ezra W. Sampson, and such others as now are, or hereafter may P°'^*^
be, associated with them, be, and they hereby are, made a body
politic and corporate, by the name of the Proprietors of the Wey-
mouth and Braintree Academy ; and, by that name, shall sue and Generalpowers.
be sued, plead and be impleaded, shall have a common seal,
which they may alter at pleasure, and shall have power to appoint
all such officers, and to make all such by-laws and regulations
as shall be necessary to conduct, in the best manner, the business
of said corporation, not inconsistent with the constitution and
laws of this Commonwealth.

Sect. 2. Be it further enacted. That the number of shares Shares and
shall be determined by the said corporation, and no proprietor ^°^®**
shall be allowed to hold more than five shares at any one time, or
have more than three votes ; and that each proprietor shall have
one vote for each of the first two shares, and one for the remain-
ing three.

Sect. 3. Be it further enacted. That said corporation Real and per-
may hold real estate not exceeding five thousand dollars, and **'"^'^*^^^^*
personal estate not exceeding ten thousand dollars ; and that any
justice of the peace for the county of Norfolk, to whom applica-
tion shall be made, may call the first meeting, and appoint the First Meeting,
time and place thereof.

Sect. 4. Be it further enacted. That the Legislature may,
at any time hereafter, alter or repeal this act. [Feb. 28, 1828.]

VOL. VI. 81

642 1827. Chap. 80—81.

ChClV' 80. ^'^ ^^^ '° incorporate the Proprietors of Ipswich Academy.

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of

Persons incor- the Same, That Nathaniel Lord, Jr., Joseph Farley, Animi R.

porated. Smith, George W. Hart and Charles Kimball, and such as now

are, or hereafter may be associated with them, be, and they are
hereby made a body politic and corporate, by the name of the

General powers. Proprietors of Ipswich Academy, with power to have a common
seal, and to alter it at pleasure, to sue and be sued, plead and
be impleaded, to make all such by-laws, and perform all such
acts, as may be found necessary to conduct the business of said
corporation : provided such by-laws be not repugnant to the con-
stitution and laws of this Commonwealth.

Real and per- Sect. 2. i?c fi/ur^/jc?- evioc/cf/. That said Corporation shall

sonal estate. \]Qve power to hold real estate not exceeding the sum of eight
thousand dollars, and personal estate, not exceeding ten thousand
dollars ; and to make all such assessments from time to time on
the shares of said corporation, as the proprietors thereof may
find necessary.

First meeting. Sect. 3. Be it further enacted, That the said Charles
Kimball may call the first meeting, and appoint the time and
place thereof : provided, nevertheless, that nothing in this act
shall be so construed, as to prevent the Legislature from altering
or repealing it at any time hereafter. [Feb. 28, 1828.]

C^hnn 81 ^^ •'^''^ '° incorporate the First Methodist Episcopal Society in Edgarlown.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
Persons incor- of the Same, That Chase Pease, Thomas M. Coffin, Joseph
porated. Vincent, Thomas Stewart, Henry Ripley, Isaiah D. Pease,

Jeremiah Pease, Jeremiah Banning, Uriah Morse, Matthew Vin-
cent, William Jernegan, Jr., Hiram Jernegan, Frederick Bay-
lies, Jr., Cyrus B. Worth, Daniel Butler, Arnold Butler, Lot
Norton, Elihu P. Norton, Ariel Norton, Richard W. Jernegan,
and Luke Gray, all of Edgarlown, in Dukes County, together
with such other persons as may hereafter associate with them, be,
and they hereby are incorporated into a religious society in said
town of Edgartown, and made a body politic, by the name of
Powers and pri- the First Methodist Episcopal Society in Edgartown, with all the
vileges. privileges, powers, and immunities, to which religious societies

are entitled by the constitution and laws of this Commonwealth.
By-laws. Sect. 2. Be it further enacted. That the said body politic

shall have power to make and use a common seal, and the same
to break and alter at their pleasure, and to make such by-laws
for the regulation and direction of their business, as shall not be
repugnant to the constitution and laws of this Conmionwealth.
Real and per- Sect. 3. Be it further enacted. That said body politic
sonal estate. j^^gy. ^^^^ property, real or personal, or both, to an amount not
exceeding six thousand dollars, for the purpose of supporting,
with the income of the same, the preaching of the gospel.
Election of of- Sect. 4. Be it further enacted, That said body politic
^'^^^^' shall, at their first annual meeting, elect a clerk, treasurer, and

1827. Chap. 81—83. 643

seven trustees, to exercise such powers, and to be subject to
such liabilities, as shall be prescribed by the by-laws of such
body politic.

Sect. 5. Be it further enacted, That this act shall be sub-
ject to the will of the Legislature, to be altered or repealed at
their pleasure. [Feb. 28, 1828.]

An Act to incorporate the East Hridgewatcr Manufacturing Company. C^hfin R2

Sect. 1. BE it enacted by the Senate and House of Rep- ^ '

resentativeSy in General Court assembled, and by the authority of
ihe same, That Nathaniel Wheeler, Wallace Rust and Allen Persons incor-
Whitnian, with such others as already are, or hereafter may be poraied.
associated with them, their successors and assigns, be, and they
hereby are made a corporation, by the name of the East Bridge-
water Manufacturing Company, for the purpose of manufactur-
ing cotton goods in the town of East Bridgewater, in the county
of Plymouth, and shall have all the powers and privileges, and Powers and
be subject to all the duties and requirements prescribed and con- ^""^'es-
tained in an act passed in the year of our Lord one thousand
eight hundred and nine, entitled "an act defining the general 1^08 ch. 65.
powers and duties of manufacturing corporations," and also the
several acts in addition thereto.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said corporation shall not exceed one hundred and twenty-five ^" ^^^ ^^ ^ ^'
thousand dollars ; and they may be lawfully seized and possessed
of such real estate as may be necessary and convenient for the
purposes aforesaid, not exceeding in value the sum of twenty-
five thousand dollars. ^Feb. 28, 1828.]

An Act to incorporate the Oxford Woollen Manufacturing Company. C^hftTI RS

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Lyman Tiffany, Sylvanus Holbrook, together persons incor-
wiih such other persons as already have, or may hereafter asso- porated.
ciate with them, their successors and assigns, be, and they here-
by are made a corporation, by the name of the Oxford Woollen
Manufacturing Company, for the purpose of manufacturing wool
and cotton in Oxford, in the county of Worcester, and for this
purpose shall have all the powers and privileges, and be subject Powers and du-
to all the duties and requirements contained in an act passed the ''^s-
third day of March, in the year of our Lord one thousand eight 1808 eh. 65.
hundred and nine, defining the general powers and duties of man-
ufacturing corporations, and the several acts in addition thereto.

Sect. 2. Be it further enacted. That said corporation may Real and per-
be lawfully seized of such real estate, not exceeding the value of ^°"'^' estate,
fifty thousand dollars, and such personal estate, not exceeding
the value of one hundred thousand dollars, as may be necessary
and convenient for establishing and carrying on the manufacture
of wool and cotton, at Oxford aforesaid. [Feb. 28, 1828.]

644

1827.

-Chap. 84—85.

Chap. 84.

Persons incor-
porated.

Powers and
privileges.

Estate.

By-laws.

First meeting.

Legislative con-
troF.

Chap. 85.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

An Act to incorporate the Third Congregational Society in Reading.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Edmund Parker, Silas Smith, Nehen)iah Ban-
croft, Thomas Hartshorn, diaries Parker and Samuel Parker,
with such as are, or may be associated with them, be, and they
are hereby incorporated into a religious society, by the name of
the Third Congregational Society in Reading, with all the pow-
ers, privileges and immunities to which parishes and other reli-
gious societies are, by the laws and constitution of this Com-
monwealth, entitled ; and shall also have power to take, hold and
possess, by gift, grant, devise or otherwise, any personal or real
estate, for the purpose of supporting public worship, and other
parochial and charitable purposes, and not exceeding in the an-
nual income one thousand dollars ; and shall have authority also
to choose and appoint all such officers, and make all such by-
laws and regulations, as may seem to them expedient or conven-
ient for the due government of said society, and the management
of their funds, and other parochial concerns : provided, such by-
laws and regulations be in no wise contrary to the laws and con-
stitution of this Commonwealth ; and all meetings of the said
society shall be called and warned in such manner as the by-laws
and regulations thereof shall provide.

Sect. 2. Be it further enacted, That Edmund Parker be,
and he is hereby authorized to call the first meeting of said soci-
ety, by posting up notifications thereof in two or more public
places in said Reading, specifying the time, place, and the object
of said meeting, seven days at least before the time appointed for
said meeting ; and at such meeting, said society may choose all
such officers as they may think fit, and as parishes are by law re-
quired to choose, in the month of March or April annually, and
to transact such other business as may be deemed necessary or
proper to be done and transacted by said society.

Sect. 3. Be it further enacted, That this act may be altered,
amended or repealed at the pleasure of the Legislature. [Feb.
28, 1828.]

An Act to incorporate the Orr Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Nathaniel Wheeler, Wallace Rust and Allen
Whitman, with such others as already are, or hereafter may be
associated with them, their successors and assigns, be, and they
hereby are made a corporation, by the name of the Orr Manufac-
turing Company, for the purpose of manufacturing cotton goods
in the town of East Bridgewater, in the county of Plymouth,
and shall have all the powers and privileges, and be subject to
all the duties and requirements, prescribed and contained in an
act passed in the year of our Lord one thousand eight hundred
and nine, entitled "an act defining the general powers and duties
of manufacturing corporations," and also the several acts in addi-
tion thereto.

1827. Chap. 85—87. ' 646

estate.

Sect. 2. Be it further enacted, That the capital stock of Capital stock
said corporation shall not exceed one hundred and twenty-five '^^^ ®*^*'
thousand dollars ; and they may be lawfully seized and possessed
of such real estate as may be necessary and convenient for the
purposes aforesaid, not exceeding in value the sum of twenty-
five thousand dollars. [Feb. 28, 1828.]

An Act to incorporate the Yearly Meeting of Friends for New-England. ChcUJ. 86

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Moses Brown, David Bufi'um, William Rotch, Persons incor-
Jun., Rowland Green, William Almy, Estes Newhall, Daniel P"'^'"''-
Johnson, John Osborne, James Hoag, Abraham Wilkinson,
William BufFum, Jr., Enoch Breed, Samuel F. Hussey, Abra-
ham Sherman, Jun., Daniel Hovvland, Abijah Chase, Thomas
Howland, William Jenkins, Isaac Bassett, Jun. and Stephen
A. Chase, together with the other members of the Yearly Meet-
ing of Friends for New-England, and their successors, be, and
they hereby are made a body politic in this Commonwealth, by
the name of the Yearly Meeting of Friends for New-England,
with power to take and hold, in their corporate capacity, in the
city of Boston, and other places within this Commonwealth,
real or personal estate, for religious and charitable purposes. Estate, real or
provided the nett income thereof shall not exceed, in any one P^''s°"a'-
year, the sum of three thousand dollars.

Sect. 2. Be it further enacted, That the said Yearly Meet- Conveyances of
ing may, from time to time, convey to any person or persons, '■^^' ^^^^^^e-
any of their said real estate ; and a deed executed by their com-
mittee, called the meeting for sufterings, or a majority of them,
under their hands and seals, and acknowledged and recorded ac-
cording to law, shall be sufficient to pass the title of said Yearly
Meeting thereto.

Sect. 3. Be it further enacted, That this act may, at any Legislative con-
time, be altered or repealed at the pleasure of the Legislature. "^°''
[Feb. 28, 1828.]

An Act in addition to an Act entitled " An Act to authorize towns in the County of (^briv) fVJ
Franklin to associate together to build an Almshouse for the support of their Poor." jT * *

Sect. 1. BE it enacted by the Senate and House of Repre- 1^26 ch. 98.
sentatives, in General Court assembled, and by the authority of
the same. That the several towns in said county, not named in
the act to which this is in addition, may, within five years from
the passing of said act, avail themselves of the provisions there-
of, upon the conditions therein contained.

Sect. 2. Be it further enacted. That the several towns Towns may
which may associate together for the purposes enumerated in choose agents.
said act, may choose their several agents, therein authorized, to
be chosen at any town meeting legally warned for that purpose,
any thing in the act to which this is in addition, to the contrary
notwithstanding. [Feb. 28, 1828.]

646

1827.-

-Chap. 89—90.

1827 ch. 55.

Chap. 90.

Pawtucket in-
corporated.

f^h PQ ■'^" ^^^ '" '^'^^'''f " ^" ^^ ^'^^ entitled " An Act to incorporate the Pawtucket Con-

L/il(tp. Oi/. gregational Society."

WHEREAS, in and by the act aforesaid, the name of Eli-
phalet Starke was, by mistake, inserted, instead of the name of
Eliphalet Slack, — therefore :

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the said Pawtucket Congregational Society shall be em-
powered to hold and enjoy a certain fund given to the said re-
ligious society by the said Eliphalet Slack, in the same manner
as in and by the act aforesaid, they are entitled to hold and en-
joy a fund given by the said Eliphalet Starke. [March 1,
1828.]

An Act to establish the town of Pawtucket.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the northwest part of the town of Seekonk
within the following lines, namely : beginning at a bend of the
Seekonk river, about forty rods south of the mouth of Beverage
brook so called, thence running a due east course till it strikes
the Ten Mile River, so called, thence by said river till it comes
to the Attleborough line, including the island on which Kent's
Factory is situated, also the bridge a few rods north of said
Kent's Factory, which shall in future be supported by the said
town of Pawtucket ; thence westerly on the Attleborough line
till it comes to the Rhode Island line ; thence southerly on said
Rhode Island line, till it conies to the first corner, with all the
inhabitants living thereon, be incorporated into a town by the
natne of Pawtucket, with all the powers and privileges, and
subject to all the duties and requisitions that towns within this
Commonwealth do or may enjoy, or be subject to.

Sect. 2. Be it further enacted. That the inhabitants of
the said town of Pawtucket shall be holden to pay all arrears of
taxes which have been duly assessed upon them by the town of
Seekonk, together with their proportion of all debts due from
said town of Seekonk, prior to the date of this act ; and the
said town of Pawtucket shall be entitled to receive their pro-
portion of all debts and taxes due to the said town of Seekonk,
when collected and paid into the treasury of said town ; and the
said town of Pawtucket shall be entitled to hold their propor-
tion according to the last valuation of all the real and personal
property, including the legacy of the late Eliphalet Slack, be-
longing to the town of Seekonk before the passing of this act,
except so much of said property as is hereafter mentioned ; and,
whereas, by an act of this general court passed the twenty-sixth
day of February, in the year of our Lord one thousand eight
hundred and twelve, entitled an act to establish the town of See-
konk, it is enacted that all the expenses arising from the support
of the poor, which had become chargeable to the town of Re-

Arrears of tax-

Property.

1811 ch. 138.

1827. Chap. 90. 647

hoboth, together with such poor as have removed out of said
Rehoboth prior to the said act, but who might thereafter be law-
fully returned to said town for support, shall be equally divided
between the towns of Rehoboth and Seekonk.

Sect. 3. Be it furtlicr enacted, That the said town of Paw- Paupers.
tucket shall be held to pay one third of the expenses to which
the said town of Seekonk may hereafter become liable in con-
sequence of said provision, and when the said town of Pawtuck-
et shall be organized, the paupers supported by said town of
Seekonk in pursuance of said provision, whether the same be
supported in whole or in part only, shall be divided as nearly as
may be, and one third thereof delivered over to the overseers of
the poor of the said town of Pawtucket, to be by them in fu-
ture supported ; and all persons who may hereafter become
chargeable as paupers to the said towns of Seekonk and Paw-
tucket, shall be considered as belonging to that town on the lim-
its of which they had their settlement at the time of the passing
of this act, and shall in future be chargeable to that town only.

Sect. 4. Be it further enacted, That the poor now sup-
ported by the town of Seekonk, and all such who may hereafter
be returned for support, in virtue of having acquired a settle-
ment in said town, shall be supported by the town within the
territorial limits of which they have acquired their settlement.

Sect. 5. Be it further enacted^ That until a new valuation State and coun-
is taken by the Commonwealth, the state and county taxes and '■>' *^^^*-
any reimbursements required by the Commonwealth for the pay-
ment of the representation of the present and past years of said
town of Seekonk, which may be called for from said towns of
Seekonk and Pawtucket, shall be paid jointly by said towns,
and in the proportion of two thirds for said town of Seekonk,
and one third for said town of Pawtucket.

Sect. 6. Be it further enacted^ That the said town of Town-house,
Pawtucket shall have no claim to the town-house, and also a
certain parcel of real estate, known by the name of Kittle Point,
and is owned by the towns of Seekonk and Rehoboth ; and the
said town of Pawtucket shall not be liable to pay any expenses
that have, or may accrue, on account of said estate ; and the
said town of Seekonk shall also retain to their own use the school
fund so called.

Sect. 7. Be itfurther enacted^ That any justice of the peace First meeting-.
in the county of Bristol, be, and hereby is, authorized to issue
his warrant, directed to some suitable inhabitant of Pawtucket,
requiring him to notify and warn the inhabitants of the said town of
Pawtucket, to assemble and meet at such convenient time and
place as shall be appointed in said warrant, for the choice of
such officers, as towns are by law required to choose and appoint
at their annual town meetings. [March 1, 1828.]

648 1827. Chap. 91.

f^hnn Q1 An Act to incorporate the Trustees of tlie Parochial Funds of the Congregational
^nu^. £7 1. Church and Parish in Millbury.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authoritij of
Persons incor- the same, That Caleb Biirbank, Amasa Braman, John Jacobs,
porated. Josiah Woodvvard, and Phineas Longley, be, and they hereby

are incorjoorated and constituted a body politic, by the name
and title of the Trustees of the Parochial Funds of the Con-
gregational Church and Parish in Millbury ; they shall have a
General powers. Common seal, which they may alter at pleasure ; may sue and
be sued, and prosecute to final judgment and execution ; and
the said trustees shall have j)0\ver to take, hold, collect and
manage at their discretion, all such subscriptions and other se-
curities for money, and all gifts, grants and bequests of real
Estate. 3"^ personal estate as have been made, or shall hereafter be

made, by any person or persons, for the maintenance of the
gospel ministry in said church and parish : provided, always,
that the whole income of such property and estate shall not ex-
ceed the sum of twelve hundred dollars annually. The said
Powers of trus- trustees shall also have power to appoint their own officers, and
^^^^- define their powers, and make such by-laws, from time to time,

as they shall find necessary for the better management of the
affairs of their trust, provided the same shall not be repugnant
to the constitution and laws of this Commonwealth ; and, in
general, they shall enjoy all the rights, and be subject to all the
liabilities common to corporations of a similar character.
Number of trus- Sect. 2. Be it further enacted. That the number of said
tees and their trustees shall never be less than five, three of whom shall con-

duties. ■ • .

stitute a quorum for transacting business ; they shall fill all va-
cancies which may happen in their body, and have power to re-
move any member who may become unfit, or incapable, from
age, infirmity, or otherwise, of discharging the duties of his of-
fice ; and the said trustees shall always be inhabitants of said
town, and members of said church or parish : and it shall
be the duty of said trustees to invest and manage the funds
aforesaid, according to their best discretion, to make them most
productive, and shall annually appropriate the interest or pro-
ceeds thereof for the support and maintenance of the gospel
ministry in said parish : and the trustees aforesaid shall, in the
month of March or April, each and every year, make a full and
particular statement, to the said church and parish, of the amount
and situation of the funds committed to them in trust as afore-
said, and the manner in which the interest or proceeds thereof
have been appropriated.
First meeting. Sect. 3. Be it further enacted, That Caleb Burbank be,
and he hereby is authorized and empowered, to call the first
meeting of said trustees.
Legislative con- Sect. 4. Be it further enacted, That this act may be alter-
*''°'- ed, amended or repealed at the pleasure of the Legislature.

[March 1, 1828.]

1827. Chap. 92—93. 649

All Act to incorporate the Soulli Parish in Natick. f^hnrt Q^

Sect. 1. BE it enacted by the Senate and House of Repre- -* *

sentatives, in General Court assembled^ and by the authority of
the same, That Isaac Biglow, Elijah Perry, Phares Sawiii, Persons incor-
Abrahain Biglow, John Bacon, .Tun., Leonard Perry, Charles poi'a'ed.
Morse, Benjamin Bird, William Perry, Lindall Perry, Amory
Morse, John P. Barnes, Oliver Bacon, Hannah Draper, Isai-
ah Baron, William Drake, Dexter Whiting, Samuel Jones,
Lowell Perry, Pardon Albee, John Atkins, Jr., Thomas Phil-
lips, John P. Breck, Stephen H. Spaulding, Baxter Savvin,
John Mann, John Morse, 2d., Calvin Savvin, Isaac Biglow,
Jr., and Job Brooks, with such others as may hereafter associ-
ate with them, and their successors, be, and they hereby are
made a body corporate, by the name of the South Parish in
Natick, with all the powers, privileges, and immunities, to which Powers and prl-
parishes are entitled by the constitution and laws of this Com- viieges.
monwealth.

Sect. 2. Be it further enacted. That, for all the purposes of Taxes,
providing for the worship of God, the said parish shall have
power to raise such sums of money as may, from time to time,
be deemed expedient, by a tax on the polls and estates of all
the members thereof, and, in general, to manage the prudential
affairs of the parish according to law ; and said parish shall have Real and per-
power to hold real and personal estate, the annual income of *°"^' estate,
which shall not exceed the sum of one thousand dollars.

Sect. 3. Be it further enacted, That any justice of the First meeting,
peace for the county of Middlesex, may, on the written applica-
tion of any ten members of said parish, call the first meeting
thereof, by a warrant, to be served on all the members, seven
days, at least, previous to the meeting, by any one of the appli-
cants ; which warrant shall specify the time, place, and business
of the meeting, and said justice shall call said meeting to order,
and shall preside in the choice of a clerk of said parish.

Sect. 4. Be it further enacted, That this act may, at any Legislative
time, be amended or repealed at the pleasure of the Legislature. '^°""'°'-
[March 1, 1828.]

An Act relating to the Appointment of Engine Men in the town of Worcester. K^il(ip» VO.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That the selectmen of said town be, and they hereby Selectmen may
are authorized, if they shall judge it expedient, to nominate and liona'rengbe-
appoint any number of engine men, in addition to the number men.
now authorized by law, not exceeding in the whole thirty men
for each and every engine, four men for each hose carriage, thir-
ty men to be employed as a hook and ladder company, and twen-
ty-five men to be employed as a hose company ; and the said
engine men are authorized to organize themselves into distinct
companies under the direction of the selectmen of said town, to
elect directors, clerks and other officers, to establish such rules
and regulations as may be approved by the said selectmen, and

VOL. VI. 82

650 1827. Chap. 93—95.

to annex penalties to the same, which may be recovered by the
clerk of any company so organized, before any justice of the
peace in the county of Worcester : provided that no penalty
shall exceed the sum of five dollars, and that such rules and
regulations shall not be repugnant to the laws and constitution
of this Commonwealth.
Selectmen shall Sect. 2. Be it further enacted, That the said selectmen
of^e^ngines^&c. ^hall have the care and superintendence of the public engines,
hose carriages, fire hooks and ladders, together with the fixtures
and appendages thereto belonging, and shall cause the same to
be kept in good repair, and may, from time to time, make such
alterations and improvements therein as they shall deem ex-
pedient.
Penalties for Sect. 3. Be it further enacted, That if any person shall,

HdoliTinjuTy^to within the town of Worcester, wantonly or maliciously spoil,
engines, &c. break, injure, damage, or render useless, any public engine, hose
carriage, fire hooks or ladders, or any fixture or appendage
thereto belonging, and shall be convicted thereof, before the
supreme judicial court or court of common pleas, he shall be
punished by a fine, not exceeding five hundred dollars, or by
imprisonment, not exceeding two years, at the discretion of the
court, and be further ordered to recognize, with sufficient surety
or sureties, in such sum as the court shall order, for his good
behaviour, for such term as may be ordered by said court.
[March 3, 1828.]

Chnn ^^ ■^" ■^''^ '" ^<^'^'''<'n to an Act, entitled '•' An Act to incorporate certain persons by the
Jr * name of liie Trustees of the IMinislerial Funds of the Congregational Society in the

1807 ch. 45. town of Maiden, in the county of Middlesex."

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
Persons empow- tf,e same. That Nathan Nichols, Thomas Oakes, Joseph Lynde,
meeting.*^^ ^ William H. Richardson and Charles Lewis, or any three of
them, members of the Congregational Society commonly called
the First Parish in Maiden, and on the first day of Auiiust last,
chosen a committee thereof, be, and they hereby are authorized
and empowered, on the application in writing of any ten of the
members of said First Parish in Maiden, to call a meeting of the
legal voters of said parish, to be holden at such time and place,
within the town of Maiden, in the month of March or April next,
as they may deem proper, by posting, in two public places, at
least, in said Maiden, an attested copy of their warrant for that
purpose, at least ten days previous to the time of holding said
meeting. And at the same meeting, it shall be lawful for the
members of said First Parish, qualified to vote in parish affairs,
to choose such officers, and transact all such business, as par-
ishes are by law authorized to choose and transact, at their annual
meetings in the month of March or April.
Trustees tobe Sect. 2. Be it further enacted. That the members of the
elected by par- gaid First Parish may, at the same meeting, to be holden as
above, and it shall be their duty, then to elect, by ballot, five
persons, being members thereof, to be trustees of the ministerial

1827. Chap. 95—97. 651

funds aforesaid, who shall have all the powers, and be subject to
all the duties and liabilities, which are provided in and by the
act to which this is in addition ; the said trustees performing the
same duties in relation to the assessors of said First Parish,
which, by the act aforesaid, they are bound to perform in relation
to the assessors of the town of Maiden. And it shall be the
duty of the said First Parish, or Congregational Society, ever
after, in like manner to elect trustees of said ministerial funds, at
their annual meetings in the month of March or April, any thing
in the act aforesaid to the contrary notwithstanding.

Sect. 3. Be it further enacted^ That all parts of the act Repeal,
aforesaid, inconsistent with the provisions of this act, be and the
same are hereby repealed.

Sect. 4. Be it further enacted, That the Legislature may Legislative
hereafter alter, amend, or repeal this act, and the act to which control,
this is in addition, at pleasure. [March 4, 1828.]

An Act to incorporate the Central Baptist Society in Middieborough. Cfldp, 96.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Levi Peirce, Tisdale Lincoln, George Leonard, Persons incor-
George Shaw, Lemuel Briggs, James M. Leonard, John Bar- Pirated,
den, Edward Barden, Josiah Tinkham, Sylvanus Barrows,
Benajah Peirce, Ephraim Peirce, Jacob Holmes, Joseph Clark,
Thomas Clark, Phebe Oliver, John Morton, John N. Peirce,
Elisha Tucker and Ethan Earle, with such others as may associ-
ate with them, and their successors, be, and they are hereby
incorporated into a society, by the name of the Central Baptist
Society in Middleborough, with all the privileges, powers and Powers and

••• . I- 1 • u J r • • .• .M 1 privileges.

immunities, to which parishes and religious societies are entitled ^ "
by the constitution and laws of this Commonwealth, and may
hold, purchase and receive, by gift or otherwise, for parochial
purposes, any real or personal estate, not exceeding in value the Estate,
sum of twenty thousand dollars.

Sect. 2. Be it further enacted, That Levi Peirce be, and First meeting.
he is hereby authorized to call the first meeting of said society,
by issuing his warrant to some member of said society, directing
him to notify the members thereof to meet at a suitable time and
place, to be appointed in said warrant, for the election of its
officers, and establishing the mode of calling future meetings.

Sect. 3. Be it further enacted, That this act may, at any Legislative
time hereafter, be altered or repealed at the pleasure of the Le- control,
gislature. [March 4, 1828.]

An Act to incorporate the President, Directors and Company of the East Bridge- f^hrm Q7
water Bank. f J i> l^nap. ^1.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Isaac Whitman, Levi Keith, Nahum Mitchell, Persons incor-
Ephraim Hyde, Aaron Hobart, John E. Howard, Nathan La- pofated.
zell. Junior, and Nathaniel Cross, with their associates, success-
ors and assigns, shall be, and are hereby created a corporation,

652

1827.-

-Chap. 97.

General pow-
ers.

Amount of cap'
ilal stock,
shares, &.c.

Real estate.

Proviso.

1811 ch. 84.

by the name of the President, Directors and Company of the
East Bridgewater Bank, and shall so continue until the first Mon-
day of October, in the year of our Lord one thousand eight
hundred and thirty-one ; and by that name shall be and are here-
by made capable in law to sue and be sued, to plead and be
impleaded, defend and be defended, in any court of record, or
any other place whatever, and also to make, have and use a
common seal, and to ordain, establish and put in execution such
by-laws, ordinances and regulations as to them shall appear neces-
sary and convenient for the government of said corporation, and
the prudential management of its concerns : provided, such by-
laws, ordinances and regulations shall be in no wise contrary to
the constitution and laws of this Commonwealth ; and the said
corporation shall be always subject to the rules, restrictions, lim-
itations and provisions herein contained.

Sect. 2. Be it further enacted. That the capital stock of
said bank shall consist of the sum of one hundred thousand dol-
lars, in gold and silver, in shares of one hundred dollars each, to
be paid in the following manner, viz : one third part thereof on
or before the first day of July next ; one third part on or before
the first day of November next, and the residue thereof on or
before the first day of February next, or at such earlier times as
the stockholders at any meeting may order ; and no dividend of
profits shall be declared or paid on the capital stock of said bank,
until the whole of said stock shall have been paid in, conformably
to the provisions of tiiis act ; and the stockholders, at their first
meeting, shall, by a majority of votes, determine the mode of
transferring and disposing of the stock and profits of said bank,
which being entered on the books of said corporation, shall be
binding on the stockholders, their successors and assigns : and
the said corporation are hereby made capable in law to have,
hold, purchase, receive, possess, enjoy and retain, to them, their
successors and assigns, lands, rents, tenements and hereditaments,
to the amount of five thousand dollars, and no more, at any one
time, with power to bargain, sell, and dispose of the same, and
to loan and negotiate their monies and effects, by discounting,
on banking principles, on such security as they shall think proper :
provided, Iwicever, that nothing herein contained shall prevent
said corporation from taking and holding real estate on mortgage,
or on execution, to any amount, as security for, or in payment
of, any debt due to said corporation : and provided, fwiher, that
no money shall be loaned, or discount made, nor shall any bills
be issued from said bank, until the capital subscribed, and actually
paid in, and existing in gold and silver in the vaults of the same,
shall amount to fifty thousand dollars.

Sect. 3. Be it further enacted, That the rules, limitations
and provisions, which are provided in and by the third section
of an act, entitled "an act to incorporate the President, Direc-
tors and Company of the State Bank," shall be binding on the
bank hereby established, in the same manner as though especially
recited in this act, excepting that the bond to be given by the

1827. Chap. 97. 653

cashier shall be given in the penal sum of twenty thousand dol- f^ashier's bond
lars, and the number of directors to be annually chosen shall be di'rectoi^. '^'^ °
nine, and be inhabitants of, and residents within the county of
Plymouth, in said Commonwealth, and accountable for the
doings of the whole board, five of whom may constitute a
quorum for transacting business ; provided, that the amount of Proviso,
bills of the said bank in circulation shall not, at any time, exceed
the amount of the capital actually paid in.

Sect. 4. Be it further enacted, That said bank shall Location of
be established and kept in the town of East Bridgewater, in the
county of Plymouth.

Sect. 5. Be it further enacted, That any committee es- Legislative ex-
pecially appointed by the Legislature for that purpose, shall have aminaiion.
a right to examine into the doings of said corj)oration, and shall
have free access to all their books and vaults ; and if upon such
examination it shall be found, and after a full hearing of the said
corporation thereon, be determined by the Legislature that the
said corporation have exceeded the powers herein granted them,
or failed to comply with any of the rules, restrictions or condi-
tions in this act provided, this act of incorporation shall there-
upon be declared to be forfeited and void.

Sect. 6. Be it further enacted, That the persons herein First meeting.
before named, or any one of them, are authorized to call a meet-
ing of the stockholders of said corporation, at a convenient time
and place, by advertising the same diree weeks successively in
the Old Colony Memorial, printed in Plymouth, for the purpose
of making, ordaining and establishing such by-laws, ordinances
and regulations, for the orderly conducting the affairs of said
corporation, as the stockholders shall deem necessary, and for
the choice of the first board of directors, and such other officers
as they shall see fit to choose.

Sect. 7. Be it further enacted, That the Connnonwealth Commonwealth
shall have a right, whenever the Legislature shall provide there- "^eapUarstock
for, to subscribe on account of said Commonwealth a sum not and appoint di-
exceeding fifty thousand dollars, to be added to the capital stock '■*^*=^°'*-
of said corporation herein before provided for ; and whenever
the Commonwealth shall become interested in said bank, the
governor and council shall have a right to appoint four additional
directors for the management of the same.

Sect. S. Be it further enacted, That the said corporation Corporation lia-
shall be liable to pay to any bona fide holder, the original amount |]aVa°nfou"nt'oP"
of any note of said bank altered to a larger amount in the course altered notes.
of its circulation, notwithstanding such alteration, and shall also
be liable to pay to any bona fide holder, the amount of any note
of said bank counterfeited, unless such note is printed or im-
pressed with the stereotype plate, and that said corporation shall Stereotype
not, at any place whatever, directly or indirectly, purchase, re- P^'^'
ceive, pay or exchange any bill or note of said bank, or of any
other bank incorporated within this Commonwealth, for any less
sum than the nominal value expressed in such bill or note ; and
no loan or discount shall be made, nor shall any note or bill be

654

1827.

-Chap. 97—98.

Tax.

Loans to llic

Common-

wealih.

issued by the said coi poration, or by any person on their account,
in any other place than at the said bank.

Sect. 9. Be it further enacted^ That the said corporation,
from and after the first day of April next, shall pay by way of
tax to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday of April and Octo-
ber annually, the half of one per centum on the amount of stock
which shall have been actually paid in.

Sect. 10. Be it further enacted^ That whenever the Leg-
islature shall require it, the said corporation shall loan to the
Commonwealth any sum of money which may be required, not
exceeding twenty per centum of the capital stock actually paid
in, reimbursable by five annual instalments, or at any shorter pe-
riod, at the election of the Commonwealth, with the annual pay-
ment of interest, at a rate not exceeding five per centum per an-
num.

Sect. 11. Be it further enacted^ That the capital stock of
said bank shall not be sold or transferred, but be holden by the
original subscribers thereto, for and during the term of one year
from the time of passing of this act ; and in case the same shall
not be jiut into operation, according to the provisions thereof,
within the year aforesaid, it shall be void. [JMarch 8, 1828.]

An Act to incorporate the First Methodist Episcopal Society in Medford.

Sect. 1. BE it ehacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Josiah Bracket, Isaac Mc Elroy, George Wil-
liams, Jonathan Gross, William James, James D. Yates, Alva
Smith and Lewis Janson, with their associates and successors,
be, and they are hereby incorporated into a religious society, by
the name of the " First Methodist Episcopal Society in Med-
ford," with all the powers, privileges and inmiunities which par-
ishes are entitled to by the constitution and laws of this Com-
monwealth ; and may purchase, receive by gift or otherwise, and
hold, real or personal estate, the annual income of which shall
not exceed the sum of one thousand dollars, for the purpose of
supporting public worship.

Sect. 2. Be it further enacted, That all gifts, grants or
monies received by said society, shall be under the direction of
five trustees, to be appointed by said society.

Sect. 3. Be it further enacted. That said trustees be, and
they are hereby vested with, and shall have full power to receive
all monies, subscriptions, donations and securities, for real or
personal estate, that may hereafter be given, raised or subscribed,
for the use of said society ; and said trustees are hereby em-
powered, by purchase, or operation of law, to take, have, hold,
use, improve and manage any estate, real or personal, the annual
income whereof shall not exceed the sum of one thousand dol-
lars, in trust, for the support and maintenance of the gospel min-
Deeds of pews, istry, and other expenses of said society; and all deeds of pews
in the meeting-house of said society, duly executed and acknowl-

Stock not trans-
ferable for one
year.

Chap. 98.

Persons incor-
porated.

Powers and
privileges.

Estate.

Trustees.

Power of trus
tees.

1827. Chap. 98—99. 655

edged, and recorded by the clerk of said society in a book kept
by liiin for that purpose, shall be good and valid.

Sect. 4. Be it further enacted^ That any justice of the First meeiing.
peace for the county of Middlesex be, and he is hereby empow-
ered, on application therefor, to issue his warrant to some mem-
ber of said Methodist Episcopal Society, requiring him to notify
and warn the members thereof to meet at such convenient time
and place as shall be appointed in said warrant, for the election
of such officers as parishes are by law required to choose at
their annual meetings, and to transact such other parochial busi-
ness as may be authoiized by said warrant.

Sect. 5. Be it further enacted^ That this act may be al- Legislative cen-
tered, amended or repealed at the pleasure of the Legislature. ""°
[March 8, 1828.]

An Act to incorporate the First Baptist Society in New Bedford. fJhcL'D 99.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John Coggeshall, Jr., Thomas Barstow, Na- Persons incor-
thaniel Nelson, and James Tripp, all of New Bedford, together P^''^'^''-
with such other persons as may hereafter associate with them,
and their successors, be, and they hereby are, incorporated into
a religious society, in the town of New Bedford, and made a
body politic, by the name of the First Baptist Society in New
Bedford, with all the privileges, powers and immunities to which Powers and
religious societies are entitled by the constitution and laws of this P^viieges.
Commonwealth.

Sect. 2. Be it further enacted, That the said body poli-
tic shall have power to make and use a common seal, and the
same to break and alter at their pleasure, and to make such by- By-laws,
laws for the regulation and direction of their business, as shall
not be repugnant to the constitution and laws of this Common-
wealth.

Sect. 3. Be it further enacted, That said body politic may Estate, real or
hold property, real or personal, or both, to an amount not ex- P^''sonai.
ceeding twenty thousand dollars, for the purpose of supporting,
with the income of the same, the preaching of the gospel, and
other benevolent and religious purposes.

Sect. 4. Be it further enacted. That said body politic
shall, at their first annual meeting, elect a clerk, treasurer, and
nine trustees, with such powers as shall be prescribed by the by-
laws of said body politic ; and the first meeting thereof may be First meeting,
called by John Coggeshall, Jr., who is hereby authorized to issue
his warrant therefor, for the choice of officers, and for organizing
said society.

Sect. 5. Be it further enacted, That this act may be al- Legislative cen-
tered, amended or repealed at the pleasure of the Legislature.
[March 8, 1828.]

656

1827.-

-Chap. 100.

Chap 100.

Persons incor-
porated as a re-
ligious society.

Estate.

Proprietors of
meeting-house
incorporated.

Assessments.

Taxes of man-
ufacturing
companies.

An Act to incorporate the Upper Falls Religious Society, and the Proprietors of the
Upper Falls Meeting-house in Newton.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Newell Ellis, Otis Pettee, M. P. Sturdivant,
David Bushee, J. Sherman, Moses Craft, Elisha Wiswall, ^la-
thias Collins, Jos. Barney, Walter McFarland, Caleb Haskell,
Whipple Freeman, Elijah Story, Joseph Davenport, Benjamin
Davenport, Jr., Oren Colburn, Frederick Cabot, and Rufus El-
lis, together with such others as may associate with them, and
their successors, be, and they hereby are, incorj)orated and es-
tablished as a religious society, by the name of the Upper Falls
Religious Society, with the right to hold property, either real,
personal or mixed, the income of which shall not exceed one
thousand dollars per annum ; and with all the powers and privi-
leges, and subject to all tlie duties of other religious societies, ac-
cording to the constitution and laws of this Commonwealth.

Sect. 2. Be itfurther enacted, That the said Otis Pettee,
Newell Ellis, Rufus Ellis, Frederick Cabot, their associates and
successors, be, and they hereby are, incorporated and made a
body politic, by the name of the Proprietors of the Upper Falls
Meeting-house in Newton, and shall, by that name, sue and be
sued in all actions in which said corporation may be concerned ;
and may also ordain and establish such by-laws and regulations,
and choose such officers as to them may seem necessary : provid-
ed, such by-laws and regulations shall in no wise be contrary to
the constitution and laws of this Commonwealth.

Sect. 3. Be it further enacted, That the proprietors of the
said meeting-house shall have full power to assess upon the indi-
viduals composing the same, in proportion to the number of shares
in said meeting-house, belonging to them respectively, such sum
or sums of money as shall be sufficient to pay the debts now due
from said corporation, and all necessary future charges, and to
assess upon the pews in said house, and upon the polls and es-
tates of the individuals composing said religious society, such ex-
penses as shall be annually voted by the proprietors of said house
for the support of public worship therein ; the said expenses to
be apportioned in sucli manner as the said proprietors, or their
proper officers, may think proper ; and the said proprietors shall
have power, by such officers as they shall appoint for that pur-
pose, to sell, in such way as they shall determine, the pews in
said meeting-house, belonging to the said corporation, and exe-
cute deeds to the purchasers thereof.

Sect. 4. Be it further enacted. That all the taxes or as-
sessments to which the property and estate of the Eliot Manufac-
turing Company and Newton Factories are by law liable, for the
support of public worship in Newton, or elsewhere in this Com-
monwealth, shall be laid and assessed by, and payable to, the
proprietors of said meeting-house, or their proper officers, for the
support of public worship therein : provided, hoxcever, that the
said Eliot Manufacturing Company, and Newton Factories, shall

1827. Chap. 100—101. 657

have a right to pay over to the parishes in Newton or Needham,
in which they are now taxed, such part of their taxes as they may
think fit, not exceeding one half thereof.

Sect. 5. Be it further enacted ., That any justice of the peace First meeting,
for the county of Middlesex, upon application therefor, is hereby
authorized to issue a warrant, directed to any member of said so-
ciety hereby incorporated, and also to any proprietor of said
meeting-house, directing him or them to notify or warn the mem-
bers of said society, and the proprietors of said meeting-house,
to meet at such time or times, and such place, as shall be ex-
pressed in said warrant, for the choice of such officers as the
members of said society, and the proprietors of said house, may
respectively think proper.

Sect. 6. Be it further enacted^ That this act may be al- Legislative cen-
tered, amended or repealed, at any time, at the pleasure of the ^''°'-
Legislature. [JMarch S, 1828.]

An Act to incorporate tiie Central Mills. C^hnrt 101

Sect. 1. BK it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Benjamin Joy, Edmund Winchester, Amos Persons incor-
Binney, and Edmund Monroe, their associates, successors and P°''^^ed.
assigns, be, and they hereby are, made a body politic and corpo-
rate, by the name of the Central Mills, and, by that name, may
sue and be sued, prosecute and be prosecuted to final judgment
and execution, and may have all the powers and privileges given Powers and du-
usually by acts of incorporation for manufacturing purposes, sub- ''^*-
jeer to the rules, regulations and penalties of the act entided "an isosch. 65.
act defining the general powers and duties of manufacturing cor-
porations," passed March third, one thousand eight hundred and
nine, and the several acts in addition thereto ; and said corpora-
tion may have a common seal, make by-laws for the regulation of
their affairs, not repugnant to the laws of this Commonwealth ;
and may purchase and hold real and personal estate to any amount Real and per-
not exceeding in value fifty thousand dollars, to promote the ob- *°"^' ^*'^'^-
jects of the corporation.

Sect. 2. Be it further enacted, That said corporation Corporation
shall have the power to build a dam, beginning at or near the d*am. "'
westerly end of Bridge-street at Lechmere Point, so called, in
Cambridge in the county of Middlesex, in a northerly direction
across Miller or Willis Creek, to the bank or flats of Pleasant
Hill Farm, in Charlestown, now owned by Benjamin Joy, which
dam shall not be less than twenty-eight feet wide on the top, in-
dependent of a good and sufficient side walk, to be annexed
thereto, and shall be so effectually made, as to prevent the tide-
water passing through or under the same, and so as to form a
mill-pond, and enclose the water in said creek, above the dam
aforesaid, at the height of common tides ; and in said dam, the Sluiceways
said corporation shall construct and make a good and sufficient fodcf"*'*^
sluiceway and guard lock, of not less than sixteen feet wide, for
the admission of water into the mill-pond above said dam, and

VOL. VI. 83

658

1827.-

-Chap. 101.

Dam shall be a
road free of
toll.

Condition of
this act.

Damages how
recovered.

Public highwaj'

for the passage of boats and rafts, which shall have a right to
pass and repass through said sluiceway and guard lock free of
toll : provided^ that no boat or raft shall have a right to pass and
repass through said sluiceway and guard lock, except at or near
high tide. And said corporation shall, at their expense, keep
some suitable person at all proper times ready to open said
guard lock for the passage of boats and rafts ; and said corpora-
tion shall have the power to build and construct on the sides of
said dam, either above or below the same, and adjoining there-
to, such piers, abutinents and wharves, as may be necessary
for the erection of grist-mills, and other machinery, to be work-
ed by the water of the aforesaid pond, and further to make and
construct a dam and guard lock or gate across the canal running
from said creek to Gambridgeport, in such manner as to detain
the water in said creek, and prevent its passing off through said
canal, which guard lock or gate shall be so constructed, as to
admit the passage of boats and rafts of not more than sixteen
feet wide, which boats or rafts may pass through said guard lock
or gate free of toll, at or near high tide, and at no other time :
and said dam and guard lock, or gate, last mentioned, may be
built across said canal, at any place between said creek and Cam-
bridge-street, so called.

Sect. 3. Be it further enacted, That said corporation
shall make and finish the dam over said creek, and connect the
different parts thereof, so as to render the same a good and
substantial road for the passage of men, teams and carriages of
all kinds, free of loll, may cut any number of convenient sluice-
ways in said dam, maintain and keep up their said works forever,
and may sell or lease the right of using the water in said pond,
upon such terms, and in such manner, as they may think proper ;
and no person shall have the right to use or dispose of said wa-
ter, but with the consent of said corporation.

Sect. 4. Be it further enacted, That if said corporation,
or some person under them, shall not, within three years from
the passage of this act, build and construct said dams, sluice-
ways, guard locks and gates, and establish mills thereon, em-
ploying a power equal to turning two pair of common mill stones,
then this act shall be void.

Sect. 5. Be it further enacted, That any person or cor-
poration sustaining any damages by the building said dams,
sluiceways, guard locks or gate, or from the exercise of any of
the rights or powers herein granted, shall have the right to re-
cover the full amount of said damages, in an action of the case,
in any court proper to try the same.

Sect. 6. Be it further enacted, That if at any time hereaf-
ter, the public convenience and necessity shall require a public
highway, to be laid out and established over and upon said first
mentioned dam, the said corporation shall permit such highway
to be laid out and established over and upon said dam, and shall
not be entitled to demand or receive any compensation in dam-
ages therefor.

1827. Chap. 101—102. 659

Sect. 7. Be it further enacted^ That the said corporation Corporation
shall have the right to build and construct a good and substan- road'&c^^
tial highway or road, the travelled part of which shall be not less
than thirty feet wide, from the northerly end of the dam over
said creek, in a northwesterly direction across the marsh to the
Medford road so called, near the north end of the bridge over
said creek, so as to form a continuation of the road or highway
newly established, from said Medford road, northwesterly, to
the dwelling house of Lydia Stone, in Charlestown : provided^ Proviso,
said corporation shall first obtain the consent of the owners of
the land over which said road or highway may be constructed.

Sect. 8. Be it further enacted^ That either of the persons First meeting,
named in this act, may call the first meeting of said corporation,
by giving seven days notice of the time and place of meeting, in
two public newspapers printed in Boston, at which meeting
there shall be chosen a clerk, who shall be under oath for the
faithful discharge of his duties, and such other officers as the cor-
poration may think proper. \J\Iarch 8, 1828.] Add. act,
1832 ch. 118.

An Act to incorporate the Bradford Mutual Fire Insurance Company. CKdlO 1 02.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Moses Parker, Jeremiah Spofford, Benjamin Persons incor-
Parker, and their associates, successors and assigns, are hereby po'^ated.
constituted a body politic and corporate, by the name of the
Bradford Mutual Fire Insurance Company, with all the powers
and privileges incident to such corporations, for the term of
twenty-eight years.

Sect. 2. Be it further enacted, That the officers of said Board of direc-
company shall consist of a president, secretary, treasurer, and '*"^^'
four directors, who together shall constitute a board of direc-
tors, which officers shall be chosen annually by the company, in
the month of November : and the said corporation may estab-
lish such by-laws, as they may deem necessary, not repugnant
to the constitution and laws of this Commonwealth, and the
members may vote by proxy.

Sect. 3. Be it further enacted. That when the sum sub- Insurance,when
scribed to be insured, shall amount to fifty thousand dollars, or *° ''^ ^^'^'^'®^-
more, the said corporation may issue policies, and insure against
fire on any building, goods or furniture, of any individual of the
company, to any amount, not exceeding three quarters of the
value of the property insured.

Sect. 4. Be it further enacted. That the funds of the said investment and
corporation shall be invested in stocks or loaned on security, as of f3s?^'°"
the directors may order, and shall be appropriated, first to pay
the expenses of the corporation, and next, to pay the damages
which any member may be entided to recover on his policy :
and in case any member shall have a just claim upon the corpora-
tion for any losses by fire, exceeding the amount of their then

660

1827.

■Chap. 102—103.

Assessments.

Action for dam-
ages.

First meeting.

Liability to
taxation.

Chap 103.

Persons incor-
porated.

Powers and
duties.

1811 ch. 84.

Proviso.

Capital stock.

Shares, and the
payment there-
of, &c.

existing funds, the directors shall, without delay, assess the ne-
cessary amount thereof, on the several men:ibers of the corpo-
ration, in proportion to the amount of their premiums and de-
posits, and pay the same over to the insured sufferer, in sixty days
after such loss.

Sect. 5. Be it further enacted. That, whenever any mem-
ber shall sustain loss by fire, and thereby have a just de-
mand against the corporation, and if the same shall not be paid
in sixty days after such loss, he or she may have and sustain an
action of the case against said corporation, to recover full and
adequate damages.

Sect. 6. Be it further enacted, That any member named
in this act may call the first meeting of this corporation, by
posting up advertisement thereof, [and~\ of the time, and place,
and purpose, in three several public places in said Bradford,
seven days at least, before said meeting : and the corporation
may then agree upon the mode of calling future meetings : and
this act shall be subject at all times to the revision or repeal of
the Legislature.

Sect. 7. Be it further enacted, That said corporation shall
be liable to be taxed by any general law of the Commonwealth.
[March 8, 1828.]

An Act to incorporate the President, Directors and Company of the Franklin Bank,
in Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Nathaniel Whittemore, Adam Bent, William
Wright, David Rice, .Tosiah Dunham, David Gurney, Noah
Brooks, Isaac Thom, John Amory, and Jacob Flinn, their as-
sociates, successors and assigns, shall be, and hereby are, cre-
ated a corporation, by the name of the President, Directors and
Company of the Franklin Bank in Boston, and shall so continue,
until the first Monday of October, which will be in the year of
our Lord one thousand eight hundred and thirty-one ; and the
said corporation shall always be subject to the rules, restrictions,
limitations, taxes and provisions, and be entitled to the same
rights, privileges and immunities, which are contained in an act,
entitled "an act to incorporate the president, directors and com-
pany of the State Bank," except in so far as the same are modi-
fied or altered by this act, as fully and effectually, as if the sev-
eral sections of the said act were herein specially recited and en-
acted : provided, hoicever, that the amount of bills, issued from said
bank, at any one time, shall not exceed the amount of the capital
stock actually paid in.

Sect. 2. Be it further enacted. That the capital stock of
said corporation shall consist of the sum of one hundred thousand
dollars in gold or silver, to be, besides such part as this Com-
monwealth may subscribe in manner herein after mentioned, di-
vided into shares of one hundred dollars each, which shall be paid
in manner following, that is to say, one fourth part thereof on or
before the first day of October next, one fourth part thereof on or

1827. Chap. 103. 661

before the first day of November next, one fourth part thereof on
or before the first day of February next, and the residue on or
before the first day of March, in ihe year of our Lord one thou-
sand eight hundred and twenty-nine. And no dividend shall be de-
clared on the capital stock of said bank, until the whole amount of
the capital stock shall have been paid in conformably to the pro-
visions of this act. And the stockholders, at their first meeting,
shall, by a majority of votes, determine the mode of transferring
and disposing of said stock, and the profits thereof, which, being
entered in the books of said corporation, shall be binding on the
stockholders, their successors and assigns, until they shall other-
wise determine. And the said corporation are hereby made Real estate,
capable in law to have, hold, purchase, possess, enjoy, and
retain to them, their successors and assigns, lands, tenements
and hereditaments, to the amount of five thousand dollars, and
no more at any one time ; with power to bargain, sell, dis-
pose and convey the same by deed, under the seal of said cor-
poration, and signed by the president, or two of the directors ;
and to loan and negotiate their monies and effects, by discount-
ing on banking principles, on such security as they may think
advisable : provided, however, that nothing herein contained shall Proviso,
restrain or prevent said corporation from taking and holding
real estate in mortgage, or on execution, to any amount, as se-
curity for, or in payment of any debts due to the said corpo-
ration : and provided, further, that no monies shall be loaned,
or discounts made, nor shall any bills or promissory notes be
issued from said bank, until the capital subscribed and actually
paid in, and existing in gold and silver, in their vaults, shall amount
to fifty thousand dollars ; nor until said capital stock, actually in Examination
said vaults, shall have been inspected and examined by three com- and return of
missioners, to be appointed by the governor for that j)urpose ;
whose duty it shall be, at the expense of the corporation, to ex-
amine the monies actually existing in said vaults, and to ascertain,
by the oath of the directors of said bank, or a majority of them,
that said capital stock hath been bona fide paid in by the stock-
holders of said bank, and towards payment of their respective
shares, and not for any other purpose, and that it is intended there-
in to remain as a part of said caj)ital, and to return a certificate
thereof to the governor ; and no stockholder shall be allowed to
borrow any money at said bank, until he shall have paid in his
full proportion of the whole of said capital stock, as herein before
provided and required.

Sect. 3. Be it further enacted, That the said bank shall be Locationof
established and kept in that part of Boston called South Boston ; ^^'^^'
and no loan or discount shall be made, nor shall any bill or note
be issued by said corporation, or by any person on their account,
in any other place than at the said bank.

Sect. 4. Be it further enacted. That, whenever the Leg- Loans to the
islature shall require it, the said corporation shall loan to the Com- Common-
monwealth any sum of money which shall be required, not exceed-
ing ten per centum of the capital stock actually paid in, at any one

662

1827.-

■Chap. 103.

First meeting.

Common-
wealth may
subscribe to
capital stock.

Leg-islaturc
may appoint
directors.

Cashier shall
give bond.

Tax.

Corporation
liable to pay
original amount
of altered notes.

time, reimbursable by five annual instalments, or any shorter time,
at the election of the Commonwealth, with the annual payment
of interest, at a rate not exceeding five per centum per annum :
provided, however, that the Commonwealth shall never stand in-
debted to said corporation, without their consent, for a larger
sum than twenty per centum of their capital then paid in.

Sect. 5. Be it further enacted, That the persons, hereinbe-
fore named, or any three of them, are authorized to call a meeting
of the members and stockholders of said corporation, as soon as
may be, at such time and place as they may see fit to appoint, by
advertising the same in any two of the newspapers printed in
Boston, for the j)urpose of making, ordaining and establishing such
by-laws and regulations, for the orderly conducting the affairs of
said corporation, as the stockholders shall deem necessary ; and
the choice of the first board of directors, and such other officers
as they shall see fit to choose : provided, such by-laws and reg-
ulations be not repugnant to the constitution and laws of this Com-
monwealth.

Sect. 6. Be it further enacted. That the Commonwealth
shall have a right, whenever the Legislature shall make provision
therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding fifty thousand dollars, to be added to the
capital stock of said corporation, subject to such rules, regu-
lations and provisions, as to the management thereof, as shall be
by the Legislature made and established.

Sect. 7. Be it further enacted. That, whenever the Com-
monwealth shall subscribe to the capital stock of said corporation,
in manner herein before provided for, in addition to the directors
by laiv to be chosen by the stockholders, the Legislature shall
have a right, from time to time, to appoint a number of direc-
tors to said bank, in proportion as the sum paid from the treasury
of the Commonwealth shall be to the whole amount of stock ac-
tually paid into said bank, if, at any time hereafter, they shall see
fit to exercise that right.

Sect. S. Be it further enacted. That the cashier, before he
enters upon the duties of his office, shall give bond, with sure-
ties, to the satisfaction of the board of directors, in a sum not less
than twenty thousand dollars, with conditions for the faithful dis-
charge of the duties of his office.

Sect. 9. Be it further enacted. That said corporation,
from and after the first day of October next, shall pay, by way
of tax, to the treasurer of this Commonwealth, for the use of the
same, within ten days after the first Monday of October and
April, annually, the half of one per centum on the amount of
capital stock which shall have actually been paid in.

Sect. 10. Be it further enacted, That the said corporation
shall be liable to pay to any bona fide holder the original amount of
any note of said bank, counterfeited or altered, in the course of
its circulation, to a larger amount, notwithstanding such alteration,
and shall also be liable to pay to any bona fide holder the amount
of any note of said bank, counterfeited, unless all the notes actu-

1827. Chap. 103—104. 663

ally issued by said corporation, shall be printed or impressed with
the stereotype plate. And said corporation shall not at any place,
directly or indirectly, purchase, receive, pay or exchange any
bill or note of said bank, or of any other bank incorporated
within this Commonwealth, for any less sum than the nominal
value expressed in such bill or note.

Sect. 11. Be it further enacted^ That any committee Legislative ex-
specially appointed by the Legislature, for I hat purpose, shall '^'"'"ai'on-
have a right to examine into the doings of said corporation ; and
have free access to all their books and vaults ; and if, upon
such examination, it shall be found, and after a full hearing of
said corporation thereon, be determined by the Legislature, that
the said corporation have exceeded the powers herein granted
them, or failed to comply with any of the rules, restrictions or
conditions in this act provided, this act of incorporation shall
thereupon be declared to be forfeited and void.

Sect. 12. Be it further enacted, That if the bank hereby Condition of
incorporated be not put into operation on or before the first day
of March, one thousand eight hundred and twenty-nine, this act
shall be void ; and no part of the capital stock shall be sold or
transferred, until the whole amount thereof shall have been paid
in. [MarchS, 1828.] Add. acts, 1830ch. 58 : 18o2ch. 65.

An Act to incorporate the Proprietors of the Central Lociis and Canals on Connect!- (JhrrTf 1 04i
cut River. -T

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That George Beach, John Hooker, Joseph Lyman, Persons incor-
and their associates and successors, be, and they hereby are, con- P°''^^® •
stituted a body politic, by the name of " The Proprietors of the
Central Locks and Canals on Connecticut River," and, by that
name, may sue and prosecute, and be sued and prosecuted, and
shall be, and hereby are, vested with all the powers and privi-
leges by law incident to corporations.

Sect. 2. Be it further enacted. That said corporation shall Authorized to
have power to clear the passages of the Connecticut river, be- dam'^&x *
tween tlie mouth of Stony brook, so called, in South Hadley,
and the mouth of Deerfield river, and may erect and maintain a
dam at School Meadow Bar, so called, near the north part of
Hatfield, and to overcome said bar, and other bars above, may
construct such lock or locks, canal or canals, as may be necessa-
ry for the passage of boats drawing three feet of water : provided, Proviso,
that said dam shall be of such height as not to raise the water, at
the highest place, more than six and an half feet higher than the
same would rise without said dam : and provided, that not less
than two hundred feet in the length of said dam shall be made
sloping on the lower side, with an elevatif^i not exceeding an an-
gle of forty-five degrees.

Sect. .3. Be it further enacted, That any two of the propri- First meeting,
etors before named, may call the first meeting of said corpora-
tion, to be holden at Springfield, in the county of Hampden, by
publishing a notification thereof three weeks successively in the

664

1827.-

-Chap. 104.

Election of offi-
cers, &c.

Subscriptions.

Capital stock.

Assessments.

Damages, how
recovered.

newspapers printed in Springfield ; and at such meeting, and at
all oilier meetings legally notified for the purpose, may make, al-
ter or repeal all such by-laws, rules and regulations as may be
necessary for the management of the affairs of said corporation :
provided, the same be not repugnant to the constitution and laws
of this Commonwealth. '

Sect. 4. Beit further enacted, That there shall be elected
annually, by said corporation, a president, and such number of
directors, and other officers, and with such powers as said cor-
poration, by their by-laws, shall direct ; and all questions which
occur in the meetings of said corporation, shall be determined by
a majority of the votes of the members present : and those rep-
resented by attorney, one vote for each share.

Sect. 5. Be it further enacted, That the said corporation
shall, at such lime or times, place or places, and in such manner
as they shall judge expedient, cause books of subscription to be
opened for the shares thereof, on such terms and conditions, and
to such nimiber and amount, as they shall think necessary, giving
reasonable previous notice ; and the capiial stock of said corpo-
ration shall not exceed the sum of one hundred thousand dollars ;
and the property of said corporation, and of each individual there-
in, is hereby declared, and shall be taken to be personal estate.

Sect. G. Be it further enacted. That said corporation, by
their directors, or otherwise, may make and order the payment
of such assessments upon the shares of the proprietors, as shall
be necessary for carrying into effect the objects of this act, and
shall give public notice thereof ; and in case any proprietor shall
neglect or refuse the payment thereof, for more than thirty days
after such assessment shall have become payable, so many of
his shares as shall be necessary to raise the amount of such
assessment, may be sold at public auction, after giving notice
thereof according to the by-laws, and the balance, after discharg-
ing such assessment, and necessary expenses, shall be paid to
such delinquent proprietor.

Sect. 7. Beit further enacted, That, in all cases, where
any person shall be damaged in his property, by the erection and
construction of the works necessary for the purposes of this act
or in any other way by the said corporation, and the proprietors
aforesaid do not, within twenty days after being requested thereto,
make, or tender, reasonable satisfaction to the acceptance of the
person damaged by them as aforesaid, the person so damaged
may apply to the court of common pleas, at any term holden in
the county of Hampshire, to have a committee appointed by said
court, at his own expense, to estimate the damage so done ; and
the said court is hereby empowered to appoint a committee of
three disinterested freeholders in said county, to estimate such
damages ; which committee shall give reasonable notice to the
persons interested, and to the clerk of the proprietors aforesaid,
of the time and place of their meeting ; and they shall be under
oath to perform the said service according to their best skill and
judgment ; which having done, they, or the major part of them,

1827. Chap. 104, 666

shall make return thereof, under their hands and seals, to the
next term of said court, to be holden in the same county, after
the said service is performed, to the end that the same may be
accepted and recorded ; and the comn)ittee, so appointed, are
required to estimate the said damage, and make return thereof as
aforesaid. And if the estimate of the committee be accepted by
the court, the clerk of said court is hereby authorized and directed,
on application therefor, to issue an execution against the property
only of the corporation, or for want thereof, of any individual be-
longing thereto, for the sum so adjudged in damages, provided,
the same is not paid within the term of twenty days after the ac-
ceptance of said report ; and likewise for the costs of the com-
mittee, and fees of the court, both to be allowed by the court :
provided, the sum of damages estimated by the committee ex- Proviso,
ceed the sum so tendered. But, in case the proprietors actu-
ally tendered to the person complaining, before the complaint
was exhibited, a sum as great as that allowed by the court in
damages, then nothing to be included in the execution for costs
of the comrnittee or court ; and if any person shall find himself
aggrieved by the doings of said committee, in estimating dama-
ges, application may be made to said court, at the next term
thereof, in the same county, after the acceptance of such return ;
and said court is hereby empowered to hear and finally determine
the same by a jury ; and if the jury sliall not increase the sum of
damages, the person complaining shall be at the cost incurred on
that occasion, to be taxed by said court, otherwise such cost and
increase of damages shall be paid by said corporation, and exe-
cution shall issue therefor as before expressed.

Sect. 8. Be it further enacted, That if any person Penalties for
or persons shall wilfully, maliciously or wantonly, and contra- pa.i"^'°"sin-
ry to law, obstruct the water or navigation, remove, or in any
way spoil, injure or destroy any of the works lawfully erected and
constructed by said corporation, or any part thereof, or any thing
belonging thereto, or any material used in the construction there-
of, he, she, or they, and any person or persons aiding or abetting
therein, shall forfeit and pay to said corporation, for every such
offence, treble such damages as shall be proved before the court
before whom the trial shall be had, to be sued for and recovered
before any court proper to try the same, by the treasurer of said
corporation, or other officer whom they may direct, to the use of
said corporation ; and such offender or offenders shall be liable
to indictment by the grand inquest of the county for any offence
or offences against this law, and on conviction thereof, either be-
fore the supreme judicial court, or any court of common pleas,
to be holden in said county, shall pay a fine, not exceeding five
hundred dollars, and not less than thirty dollars, to the use of the
Commonwealth, or may be imprisoned for a term not exceeding
three years, at the discretion of the court.

Sect. 9. Be it further enacted, That said corporation shall
not purchase or hold any other real estate, than shall be necessa-
ry and proper to carry into effect the purposes of this act ; and

VOL. vr. 84

666

1827.-

-Chap. 104.

Corporation
may take toll.

Rates of toll.

Conditions of
this act.

Proviso.

Union of corpo-
rations.

all Other use and benefit of the waters of said Connecticut river,
not inconsistent with the rendering the same navigable between
the points aforesaid, sliall remain to the CommonweaUh and its
citizens, as heretofore.

Sect. 10. Be it further enacted, That as soon as said cor-
poration shall have constructed the works before mentioned, at
School Meadow bar, and have cleared the passages of the river
between the mouth of Stony brook and Deerfield river, so as to
permit the passage through the same of boats not less than sixty-
six feet long, and fourteen feet broad, they shall, in consideration
and remuneration of the expenses thereby incurred, and for the
purpose of keeping the said works in repair, by their directors or
otherwise, fix and establish the tolls which they shall have a right
to demand, and, by their toll gatherer or other agent to collect :
provided, that said tolls shall not exceed, for every ton weight,
transported through said locks and canals, the following sums,
viz : on merchandize, the growth or product of any foreign coun-
try, except salt and gypsum, fifteen cents per ton ; on salt, gyp-
sum or plaster of paris, lumber, brick, sand, lime, iron ore, and
stone, five cents per ton ; on all other articles, the product of
the United States, ten cents per ton ; and for each boat fifty
cents : and said corporation shall appoint toll gatherers and others,
whose duty it shall be to attend the locks at all reasonable times ;
and, on the toll being paid, to permit passengers with their prop-
erty to pass the same.

Sect. 11. Be it further enacted, That if the said corpora-
tion shall neglect or refuse, for the space of four years after the
passing of this act, to build and complete the works aforesaid,
then this act shall be void, and of no effect ; and the Legislature
shall have a right to alter the rates of toll, and otherwise modify,
amend or repeal this act, as they shall deem proper, after twenty
years from the passage thereof: provided, such alteration, amend-
ment or repeal, shall not take place till said corporation shall
have been reimbursed their expenses in constructing and main-
taining their works, together with six per cent, per annum inter-
est thereon : and provided further, that said repeal shall not
affect the corporate rights of the proprietors of the upper locks
and canals on Connecticut river, in the county of Hampshire,
or the proprietors of the locks and canals on Connecticut river,
for the union of which corporations with the corporation hereby
created, provision is herein after made ; but the same shall re-
main as if said union had not taken place.

Sect. 12. Be it further enacted, That the corporations,
called the Proprietors of the Locks and Canals on Connecticut
river, and the Proprietors of the Upper Locks and Canals on
Connecticut river, in the county of Hampshire, may, by mutual
agreements with each other, and with the Proprietors of the
Central Locks and Canals, hereby incorporated, convey and
unite, hold, exercise and enjoy, according to the provisions of
the eleventh section of this act, all the rights, powers, privileges,
franchises, estate, interest and corporate property, of whatever

1827. Chap. 104—105. 667

description, as the same may exist at the time of such union,
granted or belonging to said corporation, respectively to, and
under the name of the Proprietors of the Central Locks and
Canals on Connecticut river ; and all the stockholders in each of
said three corporations, on the execution of such agreement by
each of said corporations, shall become stockholders in said cor-
poration, called the Proprietors of the Central Locks and Canals
on Connecticut river, on the terms mutually agreed and assented
to, by each of said corporations : and thereafter, said Proprietors
of the Central Locks and Canals inay pass all votes, and do all
acts relating to the navigation of said river, and to the rights,
franchises, estate, interest and property granted or belonging as
aforesaid to said corporations, or either of them, which they or
either of them may, or might pass, or do, if such conveyance,
agreement and union had not taken place, and shall be subject
to the same liabilities, and to the same extent, as if said convey-
ance, agreement and union had not taken place : provided, that
in case said corpoi-ations shall agree so to convey and unite their
said rights, powers, privileges, franchises, estates, property and
interest, and to hold and manage the same as herein provided,
then the capital stock of this company may be increased, from increase of cap-
time to time, to such amount as shall be necessary to cover the '*^' s'°c''-
whole price or sums at which the said rights, powers, privileges,
franchises, estates, property and interests shall be mutually
agreed to be received, reckoned and united as aforesaid, and also
to cover such further sums, as shall be necessary and proper for
completing the improvements in the navigation of said river,
within the limits and according to the terms and intention of their
respective acts of incorporation, and so that boats and other
floats, drawing three feet of water, may at all times pass through
the same. Said capital stock not to exceed the sum of five Limitation of
hundred thousand dollars : and provided further, that no agree- capital stock,
ment for conveying and uniting said rights, powers, franchises,
estates, property and interest as aforesaid, shall be valid or effec-
tual, unless the same be authorized or ratified by a vote of each
of said corporations, at a regular meeting thereof, specially called
and notified for that purpose. [March 8, 1828.]

An Act to incorporate the President, Directors and Company of the Hingham Bank, r^hfiv) 10^

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Jotham Lincoln, Scarlet Hudson, William Persons incor-
Gordon, Ensign Barnes, Junior, Benjamin Thomas, Eliphalet porated.
Loring, James Stephenson, David Whiton, Jedediah Lincoln,
Daniel Basset, David Fearing, Samuel Sprague and Joseph
Wilder, Junior, with their associates, successors and assigns,
shall be, and hereby are created a corporation, by the name of
the President, Directors and Company of the Hingham Bank,
and shall so continue, from the passing of this act, until the first
Monday of October, which will be in the year of our Lord one
thousand eight hundred and thirty-one ; and the said corporation Powers anddu-
shall always be subject to the rules, restrictions, limitations, *'®s-

668

1827.-

-Chap. 105.

1811 ch. 84.

Proviso.

Capital stock,
shares, &c.

Real estate.

Proviso.

Examination
and return of
capital stock.

taxes and provisions, and be entitled to the same rights, privi-
leges and immunities, which are contained in an act, entitled
"an act to incorporate the president, directors and company of
the State bank," except in so far as the same are modified or
altered by this act, as fully and efTectually as if the several sec-
tions of the said act were herein specially recited : provided,
however, that the amount of bills issued from said bank, at any
one time, shall not exceed the amount of the capital stock actu-
ally paid in.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of the sum of one hundred thousand
dollars, in gold and silver, to be, besides such part as this Com-
monwealth may subscribe, in manner herein alter mentioned,
divided into shares of one hundred dollars each, which shall be
paid in manner following, that is to say, one fourth part thereof
in ninety days, one fourth part thereof in six months, and one
fourth part thereof in nine months, and the residue in one year
from the passing of this act, or at such earlier time as the stock-
holders, at any meeting, may direct ; and no dividends shall be
declared on the capital stock of said bank, until the capital stock
shall have been paid in, conformably to the provisions of this
act ; and the stockholders, at their first meeting, shall, by a ma-
jority of votes, determine the mode of transferring and disposing
of said stock, and the profits thereof, which being entered in the
books of said corporation, shall be binding on the stockholders,
their successors and assigns, until they shall otherwise determine ;
and the said corporation are hereby made capable in law to have,
hold, purchase, receive, possess, enjoy and retain, to them, their
assigns and successors, lands, tenements and hereditaments, to
the amount of eight thousand dollars, and no more, at any one
time, with power to bargain, sell, dispose, and convey the same
by deed, under the seal of said corporation, and signed by the
president, or two of the directors, and to loan, and negociate
their monies and effects, by discounting, on banking principles,
on such security as they may think advisable : provided, hoicever,
that nothing herein contained shall restrain or prevent said corpo-
ration from taking and holding real estate in mortgage, or on
execution, to any amount, as security for, or in payment of, any
debts due to the said corporation : and provided further, that no
monies shall be loaned, or discounts made, nor shall any bills, or
promissory notes, be issued from said bank, until the capital sub-
scribed and actually paid in, and existing in gold and silver in
their vaults, shall amount to fifty thousand dollars ; nor until said
capital stock, actually in said vaults, shall have been inspected
and examined by three commissioners, to be appointed by the
governor for that purpose, whose duty it shall be, at the expense
of the corporation, to examine the monies actually existing in
said vaults, and to ascertain, by the oath of the directors of said
bank, or a majority of them, that said capital stock hath been
bona Jide paid in by the stockholders of said bank, and towards
payment of their respective shares, and not for any other pur-

1827. Chap. 105. 669

pose, and that it is intended (herein to remain as a part of said
capital, and to return a certificate thereof to the governor ; and
no stockholder shall be allowed to borrow any money at said
bank, until he shall have paid in his full proportion of the whole
of said capital stock, as herein before provided and required.

Sect. 3. Be it further enacted^ That the said bank shall Location,
be established and kept in the town of Hingham ; and no bill or
note shall be issued by said corporation, or by any person on
their account, in any other place than at the said bank.

Sect. 4. Be it further enacted^ That, whenever the Legis- Loans to ihe
lature shall require it, the said corporation shall loan to the Com- wealth""'
monwealth any sum of money which shall be required, not exceed-
ing ten per centum of the capital stock actually paid in at any one
time, reimbursable by five annual instalments, or any shorter time,
at the election of the Commonwealth, with the annual payment of
interest, at a rate, not exceeding five per centum per annum :
provided, however, that the Commonwealth shall never stand in-
debted to said corporation without their consent, for a larger
sum than twenty per centum of their capital then paid in.

Sect. 5. Be it further enacted. That the persons herein First meeting,
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation,
as soon as may be, at such time and place, as they may see fit
to appoint, by advertising the same in the Hingham Gazette,
printed in Hingham, for the purpose of making, ordaining,
and establishing such by-laws and regulations, for the orderly
conducting the afi^airs of said corporation, as the stockholders
shall deem necessary, and the choice of the first board of di-
rectors, and such other officers, as they shall see fit to choose :
provided, such by-laws and regulations be not repugnant to the
constitution and laws of this Commonwealth ; and a majority of
the directors shall be inhabitants of the town of Hingham.

Sect. 6. Be it further enacted. That the Commonwealth Commonwealth
shall have a rieiht, whenever the Legislature shall make provis- ™^y subscribe

, , 1 z' 1-1 r 1 /-I to capital stock.

ion by law, theretor, to subscribe, on account ot the Common-
wealth, a sum, not exceeding fifty thousand dollars, to be ad-
ded to the capital stock of said corporation, subject to such
rules, regulations, and provisions, as to the management thereof,
as shall be by the Legislature made and established.

Sect. 7. Be it further enacted. That whenever the Legislature may
Commonwealth shall subscribe to the capital stock of said cor- fP' °|"i^'^f'"

, . , ^ • 1 1 r • 1 1- • lional directors.

poration, in manner herein beiore provided lor, in addition to
the directors by law to be chosen by the stockholders, the Leg-
islature shall have a right, from time to time, to appoint a num-
ber of directors, to said bank, in proportion as the sum paid
from the treasury of the Commonwealth, shall be to the whole
amount of stock actually paid into said bank, if at any time
hereafter they shall see fit to exercise that right.

Sect. 8. Be it further enacted. That the cashier, before Cashier shall
he enters upon the duties of his office, shall give bond with ^'^'^ °" *•
sureties, to the satisfaction of the board of directors, in a

670 1827. Chap. 106—107.

sum not less than twenty thousand dollars, with conditions for the

faithful discharge of the duties of his office.

t^ . Sect. 9. Be it further enacted^ That the said corporation

shall pay, by way of tax, to the treasurer of this Common-

wealih, for the use of the same, within ten days after the first

Monday of October and April annually, the half of one per

centum on the amount of capital stock, which shall have actually

been paid in.

Corporation li- Sect. 10. Be it further enacted, That the said corporation

able to pay j^ ]| j^g liable to pav, to any bona fide holder, the original

oriffinal amount ^ c • i i i i i • .1 r ••

ofaltered notes, amount of any note ol said bank, altered in the course ol its
circulation to a larger amount, notwitlistanding such altera-
tion, and shall also be liable to pay, to any bona fide holder,
the amount of any note of said bank counterfeited, excepting such
note is printed, or impressed with the stereotype plate ; and
said corporation shall not, directly or indirectly, purchase, re-
ceive, pay, or exchange, any bill or note of said bank, or
any other bank incorporated within this Commonwealth, for
any less sum than the nominal value expressed in such bill or
note.
Capital stock Sect. 11. Be it further enacted. That the capital stock

not transferable of said bank, or any part of it, shall not be sold or transferred,
for one year. ^^^^ ^j^^jj j^^ Ijolden by the Original subscribers thereto, for and
during the period of one year from the time of passing this act ;
and in case the same shall not be put into operation, according
to the provisions thereof, within the year aforesaid, it shall be void.
Legislative ex- Sect. 12. Be it further enacted, That any committee,
amination. specially appointed by the Legislature for that purpose, shall
have a right to examine into the doings of said corporation, and
have free access to all their books and vaults ; and if, upon such
examination, it shall be found, and after a full hearing of said
corporation thereon, be determined by the Legislature, that the
said corporation have exceeded the powers herein granted them,
or failed to comply with any of the rules, restrictions, or con-
ditions in this act provided, this act of incorporation shall there-
upon be declared to be forfeited and void. [JMarch 8, 1828.]

i^hnri 1 07 ■^" ^^''^ '° incorporate the President, Directors and Company of the Hamilton Bank.

" ' Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authori-
Persons incor- ^V ^f the Same, That William Appleton, Eben. Francis, John Bry-
porated. ant and John A. Lowell, their associates, successors and assigns,

shall be, and hereby are created a corporation, by the name of the
President, Directors and Company of the Hamilton Bank, and
shall so continue until the first Monday of October, which will be
in the year of our Lord one thousand eight hundred and thirty-
Powers and du- one ; and the said corporation shall always be subject to the
"^''- rules, restrictions, limitations, taxes and provisions, and be entit-

led to the same rights, privileges and immunities, which are
1811 eh. 84. contained in an act entitled " an act to incorporate the Presi-
dent, Directors and Company of the State Bank," except in so

1827. Chap. 107. 671

far as the same are modified or altered by this act, as fully and
effectually, as if the several sections of said act, were here-
in specially recited and enacted : provided, however, that the Proviso,
amount of bills issued from said bank, at any one time, shall
not exceed the amount of capital stock actually paid in.

Sect. 2. Be it further enacted. That the capital stock of Capital stock,
said corporation shall consist of the sum of five hundred thou- '

sand dollars, in gold or silver, to be, besides such part as the
Commonwealth may subscribe, in manner herein after mention-
ed, divided into shares of one hundred dollars each, which shall
be paid in manner following, that is to say, one fourth part there-
of, on or before the first day of May next ; one fourth part
thereof, on or before the first day of August next ; one fourth
part thereof, on or before the first day of November next, and
the residue, on or before the first day of February next : and no
dividend shall be declared on the capital stock of said bank, un-
til the said sum of five hundred thousand dollars shall have been
paid in, conformably to the provisions of this act : and the
stockholders at their first meeting shall, by a majority of votes,
determine the mode of transferring and disposing of said stock,
and the profits thereof, which being entered in the books of said
corporation, shall be binding on the stockholders, their succes-
sors and assigns, until they shall otherwise determine ; and the
said corporation are hereby made capable in law to have, hold. Real estate,
purchase, receive, possess, enjoy, and retain to them, their suc-
cessors and assigns, lands, tenements, and hereditaments, to the
amount of fifty thousand dollars, and no more, at any one time,
with power to bargain, sell, dispose and convey the same by
deed, under the seal of said corporation, and signed by the pres-
ident or two of the directors, and to loan and negotiate their
monies and effects, by discounting on banking principles, on
such security, as they may think advisable : provided, however, proviso,
that nothing herein contained shall restrain or prevent said cor-
poration from taking and holding real estate, in mortgage or on
execution, to any amount, as security for, or in payment of any
debts due to said corporation : and provided, further, that no
monies shall be loaned or discounts made, nor shall any bills or
promissory notes be issued from said bank, until the capital sub-
scribed and actually paid in, and existing in gold and silver in
their vaults, shall amount to two hundred and fifty thousand dol-
lars, nor until said capital stock actually in said vaults shall have
been inspected and examined by three commissioners, to be ap- Examination
pointed by the governor for that purpose, who duty it shall be at and reiumof
the expense of the corporation, to examine the monies actually <"»P"^' ^'o*^"^-
existing in said vaults, and to ascertain, by the oath of the di-
rectors of said bank, or a majority of them, that said capital
stock hath been bona fide paid in by the stockholders of said
bank, and towards payment of their respective shares, and not
for any other purpose, and that it is intended therein to remain,
as a part of said capital, and to return a certificate thereof to the
governor : and no stockholder shall be allowed to borrow any

672

1827.-

■Chap. 107.

Bank to be kept
in Boston.

Loans to the
Common-
wealth.

First meeting.

Commonwealth
may subscribe
to capital stock.

Commonwealth
may appoint di-
rectors.

Cashier to give
bond.

money at said bank, until he shall have paid in his ftill propor-
tion of the first moiety of said capital stock, as herein before
provided and required.

Sect. 3. Be it further enacted That said bank shall be
established and kept in Boston, and no loan or discount shall be
made, nor shall any bill or note be issued by said corporation,
or by any person on their account, in any other place than at
the said bank.

Sect. 4. Be it further enacted, That whenever the Leg-
islature shall require it, the said corporation shall loan to the
Commonwealth, any sum of money which shall be required, not
exceeding ten per centum of the capital stock actually paid in,
at any one time, reimbursable by five annual instalments, or
any shorter time, at the election of the Commonwealth, with the
annual payment of interest, at a rate not exceeding five per cen-
tum per annum : provided, hoicever, that the Commonwealth
shall never stand indebted to said corporation without their con-
sent, for a larger sum than twenty per centum of their capital
then paid in.

Sect. 5. Be it further enacted, That the persons herein
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation,
as soon as may be, at such titue and place as they may see
fit to appoint, by advertising the same in tw^o of the newspapers
printed in Boston, for the purpose of making, ordaining and es-
tablishing such by-laws aiid regulations, not repugnant to the
constitution and laws of this Commonwealth, for the orderly
conducting of the affairs of said corporation, as the stockholders
may deem necessary, and the choice of the first board of di-
rectors, and such other officers as they may see fit to choose.

Sect. 6. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall make provis-
ion therefor by law, to subscribe on account of the Common-
wealth, a sum not exceeding one half of the capital stock ac-
tually paid in, to be added to the capital stock of said corpora-
tion, subject to such rules, regulations and provisions as to the
managetnent thereof, as shall be by the Legislature made and es-
tablished.

Sect. 7. Be it further enacted. That whenever the Com-
monwealth shall subscribe to the capital stock of said corpora-
tion in manner herein before provided for, in addition to the di-
rectors by law to be chosen by the stockholders, the Legislature
shall have a right, from time to time, to appoint a number of di-
rectors to said bank, in proportion as the sum paid from the
treasury of the Commonwealth shall bear to the whole amount of
stock actually paid into said bank, if at any time hereafter they
shall see fit to exercise that right.

Sect. 8. Be it further enacted. That the cashier, before
he enters upon the duties of his office, shall give bond with sure-
lies to the satisfaction of the board of directors, in a sum not

1827. Chap. 107—108. 673

less than fifty thousand dollars, with conditions for the faithful
dischar^^e of the duties of his ollice.

Sr.cT. 9. Be it further enacted, That the said corporation, Tax.
from and after tlie first day of October next, shall pay by way of
lax to the treasury of this CommonweaUh, for the use of the
same, williin ten days after the first Monday in October and
April annually, the half of one per centum on the amount of
stock which shall have been actually paid in.

Sect. 10. Be it further eiiacied, That the said corporation Corporation lia-
shall be liable to pay, to any bona fide holder, the original amount IJaVamTmiroP"
of any note of said bank counterfeited or altered in the course altered notes.
of its circulation to a larger amount, notwithstanding such altera-
tion.

Sect. 11. Be it further enacted, That no part of the capi- ^'°*''[g"°gji'f^,J'®
tal stock of the said bank shall be sold or transferred, but shall oTe"year.
be holden by the original subscribers thereto for and during the
period of one year from the time of passing this act; and in
case the same shall not be put into operation, according to the
provisions thereof, within the year aforesaid, it shall be void.

Sect. 12. Be it further enacted, That said corporation shall Notes to be
be holden to pay to any bona fide holder, the amount of any note eotvpe plate.^*^'
of said bank counterfeited, unless all the notes actually issued by
said corporation shall be printed or impressed with die stereotype
plate ; and that said corporation shall not at any place whatever,
directly or indirectly, purchase, receive, pay or exchange any
bill or note of said bank, or of any other bank incorporated
within this Commonwealth, for any less sum than the nominal
value expressed in such bill or note.

Sect. 13, ^e it further enacted, That any committee es- Legislative ex-
pecially appointed by the Legislature for that purpose, shall have amination.
a right to examine into the doings of said corporation, and have
free access to all dieir books and vaults ; and if upon such ex-
amination it shall be found, and after a full hearing of said corpo-
ration thereon, be determined by the Legislature that said corpo-
ration have exceeded the powers herein granted them, or failed
to comply with any of the rules, restrictions or conditions in this
act provided, this act of incorporation shall thereupon be de-
clared to be forfeited and void. [March 10, 1828.]

An Act relating to the Public Records in the County of Barnstable. f^hnrt^ OR

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That it shall be the duty of the selectmen of each of Selectmen shall
the towns in the county of Barnstable, to cause to be fairly re- '^^"^^ ^^^'^^ '°
corded in books, to be furnished them as herein after mentioned, &c. '

all deeds for the conveyance of any real estate, or any interest
therein, lying in their town, which shall be brought to them for
that purpose, within nine months from the passing of this act,
and which bear date not more than forty years since, and have
been once recorded in the I'egistry of deeds of said county, be-

voL. VI. 85

674 1827. Chap. 108.

fore the twenty-third day of October, last past ; and shall also
cause to be recorded with each deed, the certificate of the reg-
ister of deeds which is thereon ; and the said selectmen shall
cause to be made alphabetical lists of the names of the grantors
and grantees in such deeds, with proper references to the pages
or leaves of the books where the same are recorded, in such
manner as the county commissioners of said county shall direct ;
and the said records and lists shall be completed by the first day
of May, one thousand eight hundred and twenty-nine, and with-
in one month thereafter shall be transmitted to, and deposited in
the ofiice of the register of deeds of said county, there to re-
main ; and the records of such deeds, made as aforesaid, shall
be as effectual in law, and may be used for the like purposes as
the first records thereof might have been, if they had not been
destroyed by fire.
JoT^Jhilln'' Sect. 2. Be it further enacted, Thai the inhabitants of each
of said towns, qualified to vote, shall, at some legal meeting,
holden for that purpose, in April or May next, choose some
suitable person for a town register of deeds, who shall, under
the superintendence of the selectmen, make the records and
lists which are by this act required to be made, and shall certify,
under his hand, on each deed, in what book and leaf or page
thereof he has recorded the same ; and if the person so chosen
shall refuse to accept the said office, or if said office shall at
any time become vacant, by the death, resignation or removal of
any register, before the service aforesaid is completed, the
selectmen shall appoint some other suitable person to fill his
place.
Duty of county Sect. 3. Be it further enacted, That it shall be the duty
commissioners, ^j- ^j^^ county couHiiissioners of said county, as soon as may be
after the passing of this act, to furnish the said selectmen, at the
expense of the county, with proper books for the aforesaid pur-
poses, to be numbered and marked in such manner as said com-
missioners shall direct ; and the said commissioners, when the
said records and lists are completed to their satisfaction, and de-
posited as aforesaid, shall allow to each of said towns the sum of
twelve and an half cents for each deed so recorded, to be paid
out of the county treasury of said county, for the use of the per-
son or persons who did the service.
Register of Sect. 4. Be it further enacted, That whenever any deed

deeds, his duty. gj^gH j^g brought to the register of deeds of said county to be
recorded, and it shall appear, by the certificate of registry there-
on, that it has been once recorded in his office, before the twen-
ty-third day of October, last past, he shall record the same for
his proper fees, without demanding or receiving any duty
thereon for the county. [March 10, 1828.] Add. act, 1828
ch. 40.

1827. Chap. 109. 675

An Act to incorporate the President, Directors and Company of the Greylock (Jhfiv) 1 09

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Moses Wolcolt, Daniel Brown, Daniel Co- poS.'""""
man, Levi Mason, N. R. Wolcott, Thomas Robinson, Zelatis
Richmond, Isaac Hovvland, Josiah Q. Robinson, Daniel Smith,
Samuel Jenks, Samuel Bovven, R. R. Biiggs, John Wells,
Elisha Burlingham, David Anthony, Jr., Henry Jenks, Geo.
Whitman, Giles Tinker, E. W. Whitaker, and James Gum-
ming, with their associates, successors, and assigns, be, and
hereby are, created a corporation, by the name of the President,
Directors and Company, of the Greylock Bank, and shall so
continue until the first Monday of October, in the year of our
Lord one thousand eight hundred and thirty-one ; and the said Powers and
corporation shall always be subject to the rules, restrictions, duties,
limitations, provisions, and taxes, and be entitled to the same
rights, privileges and immunities, as are contained in an act, en-
titled "an act to incorporate the president, directors and com- isiich. 84.
pany of the State Bank," except in so far as the same are modi-
fied or altered by this act, as fully and effectually as if the seve-
ral sections of the said act were herein specially recited and
enacted : provided however, that the amount of bills issued from proviso,
the said bank, shall not, at any one time, exceed the amount of
the capital stock, actually paid in: and provided further, that the
number of directors, to be annually chosen, shall be nine, and
who shall be inhabitants of, and residents within, the county of
Berkshire, and shall be accountable for the doings of the whole
board, any five of whom may constitute a quorum for the trans-
action of business.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
the said corporation shall consist of the sum of one hundred thou- ^^^'^^^'
sand dollars, in gold and silver, to be, beside such part as this
Commonwealth may subscribe, in the manner herein after men-
tioned, divided into shares of one hundred dollars each, which
shall be paid in the manner following, that is to say, one fourth
part thereof on or before the first day of July next, and one
fourth part thereof on or before the first day of October next,
one fourth part thereof on or before the first day of January next
thereafter, and the residue on or before the first day of July
next thereafter ; and no stockholder shall be allowed to borrow
any money at said bank until he shall have paid in his full propor-
tion of the whole of said capital stock of one hundred thousand
dollars ; and no dividend shall be declared on the capital stock
of said bank, until the whole of the said stock shall have been
paid in conformably to the provisions of this act ; and the stock-
holders, at their first meeting, shall, by a majority of votes, de-
termine the mode of transferring and disposing of said stock, and
the profits thereof, which, being entered on the books of the
corporation, shall be binding on the stockholders, their succes-

676

1827.-

Chap. 109.

Examination
and return of
capital stock.

sors, and assigns, until they shall otherwise determine ; and the
Rea) estate. said corporation are hereby made capable in law, to have, hold,
purchase, receive, possess, enjoy, and retain, to them, their
successors and assigns, lands, tenements and hereditaments, to
the amount of five thousand dollars, and no more, at any one
time, with power to bargain, sell, dispose, and convey the same
by deed, under the seal of the said corporation, and signed by
the president or two of the directors, and to loan and negotiate
their monies and effects, by discounting on banking principles,
on such security as they may think advisable : provided^ however^
that nothing herein contained shall restrain or prevent the said
corporation from taking and holding real estate in mortgage, or
on execution, to any amount, as security for, or in payment of,
any debt due to the said corporation : and provided, further,
that no monies shall be loaned, or discounts made, nor shall any
bills or promissory notes be issued from said bank, until the
capital subscribed, and actually paid in, and existing in gold and
silver in their vaults, shall amount to fifty thousand dollars, nor
until the said capital stock actually in said vaults shall have been
inspected and examined by three commissioners, to be appoint-
ed by the governor for that purpose, whose duty it shall be, at
the expense of the said corporation, to examine the monies ac-
tually existing in said vaults, and to ascertain, by the oath of the
directors of said bank, or a majority of them, that the said capital
stock hath been bona fide paid in by the stockholders of said
bank, and towards payment of their respective shares, and not
for any other purpose ; and that it is intended therein to remain
as part of the said capital stock, and to return a certificate there-
of to the governor.

Sect. 3. Be ii further enacted, That, whenever the Legis-
lature do require it, the said corporation sliall loan to the Com-
monwealth any sum of money which may be required, not ex-
ceeding ten per centum of the stock actually paid in at any one
time, reimbursable by five annual instalments, or at any shorter
period, at the election of the Commonwealth, with the annual
payment of interest, at a rate not exceeding five per centum per
annum : provided, however, that the Commonwealth shall never
stand indebted to the said corporation, without their consent, for
a larger sum than twenty per centum of their caj)ital then paid in.
First meeting. Sect. 4. Be it further enacted, That the persons herein
before named, or any three of them, are hereby empowered to
call a meeting of the members and stockholders of the said cor-
poration, as soon as may be, at such time and place as they may
see fit to appoint, by advertisins; the same, three weeks success-
ively, in any two newspapers printed in the county of Berkshire,
for the purpose of making and ordaining such by-laws and regula-
tions, not repugnant to the constitution and laws of this Common-
wealth, for tlie orderly conducting the affairs of the said corpora-
tion, as the stockholders may deem necessary, and for the choice
of the first board of directors, and such other officers as they may

Loans to the
Common-
wealth.

1827. Chap. 109. 677

see fit to choose and appoint. And the casliier, before he enters Cashier shall
upon the duties of his office, shall give bond, with sureties, to S'^*^ °" •
the satisfaction of the board of directors, in a sum not less than
twenty thousand dollars, with conditions for the faithful discharge
of the duties of his office.

Sect. 5. Be it farther enacted, That the Comiiionwealth Common-
shall have a right, whenever the Legislature shall make provision ^''/j'('e'to%p"ai
therefor by law, to subscribe, on account of the Commonwealth, stock.
a sum not exceeding fifty thousand dollars, to be added to the
capital stock of the said corporation, subject to such rules, regu-
lations and provisions, as to the management thereof, as shall be,
by the Legislature, made and established.

Sect. 6. Be it further enacted. That, whenever the Com- Legislature
monwealth shall subscribe to the capital stock of the corporation, may appoint di-

. . rectors.

in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a right, from time to time, to appoint a number of directors
to said bank, in proportion as the sum paid from the treasury of
the Commonwealth, shall bear to the whole amount of stock ac-
tually paid into said bank, if, at any time hereafter, they shall see
fit to exercise that right.

Sect. 7. Be it further enacted. That the said corporation Corporation lia-
shall be liable to pay any bona fide holder, the original amount of |^!*^ '° P^^i^^^f
any note of said bank, counterfeited or altered in the course of its luered notes,
circulation, to a larger amount, notwithstanding such alteration,
and shall also be liable to pay any bona fide holder, the amount
of any note of said bank, counterfeited, unless all the notes actu-
ally issued by said corporation shall be printed or impressed with
the stereotype plate.

Sect. 8. .Be it further enacted, That the said corporation, Tax.
from and after the first day of October next, shall pay, by way of
tax, to the treasurer of this Commonwealth, for the use diereof,
within ten days after the first Monday of April and October, an-
nually, the half of one per centum on the amount of stock which
shall have been actually paid in.

Sect. 9. Be it further enacted, That the capital stock of stock not trans-
said bank shall not be sold or transferred, but shall be holden by '"''J^J''^ ^°^ °"^
the original subscribers thereto, for and during the period of one
year from the passing of this act ; and in case the said bank shall
not be put into operation, according to the provisions thereof,
within the year aforesaid, then this act shall be void.

Sect. 10. Be it further enacted, That said bank shall be Location,
established and kept in the town of Adams ; and no loan or dis-
count shall be made, nor shall any bill or note be issued by said
corporation, or by any person on their account, in any other place
than at the bank aforesaid ; and said corporation shall not, at any
place, directly or indirectly, purchase, receive, pay or exchange
any bill or note of said bank, or of any other bank incorporated
within this Commonwealth, for any less sum than the nominal
value expressed in such bill or note.

Sect. 11. Be it further enacted, That any committee,

678 1827. Chap. 109—110.

Legislative ex- specially appointed by the Legislature for that purpose, shall have
amination. g j.jg[^j. ^^ examine into the doings of said corporation, and have
free access to all their books and vaults ; and if, upon such ex-
amination, it shall be found, and after a full hearing of said corpo-
ration thereon, be determined, by the Legislature, that said cor-
poration have exceeded the powers herein granted them, or failed
to comply with any of the rules, restrictions or conditions in this
act provided, this act of incorporation shall, thereupon, be de-
clared to be forfeited and void. [Marclt 10, 1828.]

y-^T 1 1 n ■'^" -^^^ ^° incorporate the President, Directors and Company of the Brighton Bank.

■* ' Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives^ in General Court assembled, and by the authority of
Persons incor- the Same, That Thaddeus Baldwin, Munnis Kenney, Benjamin
porated. Sargeant, Stephen Stone, .Tames Greenwood, Elijah White, Jr.,

Benjamin Holton, Samuel Brooks, Moses G. Benjamin, Stute-
ly Burlingame, and Charles Heard, their associates, successors
and assigns, be, and hereby are, created a corporation, by the
name of the President, Directors and Company of the Brighton
Bank, and shall so continue from the passage of this act, until the
first Monday of October, which will be in the year of our Lord
one thousand eight hundred and thirty-one ; and the said corpo-
Powers and du- ration shall always be subject to the rilles, restrictions, limitations,
"^*' taxes and provisions, and be entitled to the same rights, privi-

1811 ch. sk leges and immunities, which are contained in an act, entitled " an
act to incorporate the president, directors and com|)any of the
State Bank ; " except in so far as the same are modified or al-
tered by this act, as fully and effectually as if the several sections
Proviso. of said act were herein specially recited and enacted : provided,

however, that the amount of bills issued from said bank at any one
time, shall not exceed the amount of the capital stock actually
paid in.
Amount of cap- Sect. 2. Beit further enacted , That the capital stock of
shares°Vc. ^^'^ corporation shall consist of the sum of one hundred and fifty-
thousand dollars, in gold or silver, to be, besides such part as
this Commonwealth may subscribe in manner herein after men-
tioned, divided into shares of one hundred dollars each, which
shall be paid in at such times as the stockholders may direct,
fifty per centum, however, to be paid in on or before the first
[Time extend- day of June next, and the residue within one year from the
ed,i828ch. 15.] passing of this act ; and no dividend shall be declared on the
capital stock of said bank, until the whole of said stock shall
have been paid in, conformably to the provisions of this act ; and
the stockholders, at their first meeting, shall, by a majority of
votes, determine the mode of transferring and disposing of said
stock and the profits thereof, which, being entered in the books
of said corporation, shall be binding on the stockholders, their
successors and assigns, until they shall otherwise determine ;
Real estate. and the Said corporation are hereby made capable in law, to have,
hold, purchase, receive, possess, enjoy and retain to them, their
successors, and assigns, lands, tenements, and hereditaments, to

1827. Chap. 110. 679

the amount of ten thousand dollars and no more, at any one
time, with power to bargain, sell, dispose and convey the same
by deed under the seal of said corporation, and signed by the
president or two of the directors, and to loan and negotiate their
monies and eflects by discounting, on banking principles, on such
securities as they may think advisable : provided^ however^ that Proviso,
nothing herein contained shall restrain or prevent said corpora-
tion from taking and holding real estate in mortgage or on ex-
ecution, to any amount, as security for, or in payment of, any
debts due to the said corporation : and provided, further, that
no monies shall be loaned, or discounts made, nor shall any bills
or promissory notes be issued from said bank, until the capital
stock subscribed and actually paid in, and existing in gold and
silver, in the vaults, shall amount to fifty thousand dollars ; nor
until said capital stock actually in said vaults, shall have been Examinaiion
inspected and examined by three commissioners to be appointed ^'"'.'■e'urn of

LI r I I J • I II 1 ' 1 capital stock.

by the governor, lor tliat purpose, whose duty it siiall be, at tlie
expense of the corporation, to examine the monies actually ex-
isting in said vaults, and to ascertain, by the oath of the direct-
ors of said bank, or a majority of them, that said capital stock hath
been bona jide paid in by the stockholders of said bank, and
towards payment of their respective shares, and not for any
other purpose, and that it is intended therein to remain as a part
of said capital, and to return a certificate thereof to the governor :
and no stockholder shall be allowed to borrow any money of
said bank, until he shall have paid in his full proportion of the
whole of said capital stock, as herein before provided and re-
quired.

Sect. 3. Be it further enacted, That the said bank shall Bank to be kept
be established and kept in the town of Brighton ; and the whole '" ^""'S'l""'-
number of directors shall be nine, and a majority of the board
shall be inhabitants of said town : and no loan or discount shall
be made, nor shall any bill or note be issued by the said corpo-
ration, or by any person on their account, in any other place than
at the said bank.

Sect. 4. Be it further enacted, That, whenever the Legis- Loans to tiie
lature shall require it, said corporation shall loan to the Common- ^g^j]',""'
wealth any sum of money which shall be required, not exceeding
ten per centum of the capital stock actually paid in at any one
time, reimbursable by five annual instalments, or any shorter time,
at the election of the Cotnmonwealth, with the annual payment of
interest, at a rate not exceeding five per centum per annum: pro-
vided, however, that the Commonwealth shall never stand in-
debted to said corporation, without their consent, for a larger
sum than twenty per centum of their capital then paid in.

Sect. 5. Be it further enacted. That the persons herein First meeting.
before named, or any three of them, are authorized to call a
meeting of the members and stockholders of said corporation, as
soon as may be, at such time and place as they may see fit to ap-
point, by advertising the same in any two newspapers printed in
Boston, for the purpose of making, ordaining and establishing

680

1827.-

-Chap. 110.

Commonwealth
may subscribe
to capital stock.

Legislature
may appoint
additional di-

Cashier's bond.

Tax.

Corporation lia-
ble to pay origi-
nal amount of
ahered notes.

Stereotype
plate.

Condition of
this act.

Stock not to be
transferred for
one vear.

such by-laws and regulations, for the orderly conducting the af-
fairs of said corporation, as the stockholders shall deem necessary :
provided^ the same be not repugnant to the constitution and laws
of this Commonwealth, and the choice of the first board of di-
rectors, and such other officers as they shall see fit to choose.

Sect. 6. Be it further enacted. That the Commonw^ealth
shall have a right, whenever the Legislature shall make provision
therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding one half the capital stock actually paid in,
to be added to the capital stock of said corporation, subject to
such rules, regulations and provisions, as to the management
thereof, as shall be by the Legislature made and established.

Sect. 7. Be it further enacted, That, whenever the Com-
monwealth shall subscribe to the capital stock of said corporation,
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a riglit, from lime to time, to appoint a number of directors
to said bank, in proportion as the sum paid from the treasury of
the Commonwealth shall be to the whole amount of stock actu-
ally paid into said bank, if, at any time hereafter, they shall see
fit to exercise that right.

Sect. 8. Be it further enacted, That the cashier of said
bank, before he enters upon the duties of his office, shall give
bond, with sureties to the satisfaction of the board of directors,
in a sum not less than twenty thousand dollars, with conditions
for the faithful discharge of the duties of his office.

Sect. 9. Be it further enacted, That the said corporation,
from and after the first day of October next, shall pay, by way
of tax to the treasury of this Commonwealth, for the use of the
same, within ten days after the first Monday of October and
April annually, the half of one per centum on the amount of
stock actually paid in.

Sect. 10. Be it further enacted, That the said corporation
shall be liable to pay any bona fide holder the original amount of
any note of said bank counterfeited or altered in the course of
its circulation to a larger amount, notwithstanding such alteration,
and shall also be holden to pay, to any bona fide holder, the
amount of any note of said bank, counterfeited, unless all the
notes actually issued by said corporation, shall be printed or im-
pressed with the stereotype plate : and that said corporation
shall not, at any place whatever, directly or indirectly purchase,
receive, pay or exchange any bill or note of said bank, or of any
other bank incorporated within this Commonwealth, for any less
sum than the nominal value expressed in said bill or note.

Sect. 11. Be it further enacted, That in case this act shall
not be put into operation, according to the provisions thereof,
within one year from the time of passing the same, then it shall
become void.

Sect. 12. Be it further enacted, That the capital stock of
said bank shall not be sold or transferred, but be holden by the
original subscribers thereof, for and during the term of one year
from the passing of this act.

1827. Chap. 110—113. 681

Sect. 13. Be it further enacted, That any committee, spe- Leg^isiative ex-
cially appointed by the Legislature for that purpose, shall have a agination,
right to examine into the doings of said corporation, and shall
have free access to all their books and vaults ; and if, upon such
examination, it shall be found, and, after a full hearing of said
corporation thereon, be determined by the Legislature, that the
said corporation have exceeded the powers herein granted them,
or failed to comply with any of the rules, restrictions or condi-
tions in this act provided, this act of incorporation shall thereupon
be declared to be forfeited and void. [March 10, 1828.]
Add. act, 1828 ch. 15. Repealed, 1829 ch. 105. See 1833
ch. 174 : 1834 ch. 88.

An Act in addition to an Act entitled "An Act to incorporate the Boston Chemical (^fifij) 111,
Company." -t^

BE it enacted hy the Senate and House of Representatives, ^^^^ ^^- ^^'
in General Court assembled, and by the authority of the same,
That the Boston Chemical Company are authorized and empow- Location al-
ered to establish their mill and laboratory in the town of Newton, ^ered.
in the county of Middlesex, instead of the city of Boston, and
that the clause in said act directing the same to be located in the
city of Boston, be and is hereby repealed. [March 10, 1828.]

An Act in addition to an Act entitled " An Act to incorporate the President, Directors f^finin 11^
and Company of the ftlechanics' and Traders' Bank in Salem." KyltUijJ I IZ-

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That a further time be granted to said corporation for paying in Further time
their capital stock, and that the same may be paid in at such time gi'an'ed for

-I • 1 11 1- . I J 1 I paying in capt-

or times as said corporation shall direct : provided, that one hun- tal stock.

dred thousand dollars thereof be paid into said bank in specie,
and the bank be put into operation according to the original char-
ter, on or before the first day of July next, and the remainder
within six months thereafter. [March 10, 1828.]

An Act in addition to " An Act to incorporate the President, Directors and Company /^t^^ 1 1 Q
of the Gloucester Bank." O/irt/? 1 lO.

Sect. 1. BE it enacted by the Senate and House of Repre- I8i2ch. 43.
sentatives, in General Court assembled, and by the authority of
the same. That the President, Directors and Company of the May increase
Gloucester Bank, be, and they hereby are authorized to increase capital stock,
their present capital stock, by an addition thereto of the sum of [Seei8i2ch.
thirty thousand dollars, in shares of one hundred dollars each, ^'53"^ ^^^^
which shall be paid in, in such instalments, and at such times,
and shall be so disposed of, as a majority of the stockholders, at
any legal meeting, may direct and determine : provided, however, Proviso,
that the whole amount thereof, that may be determined on by a
majority of the stockholders, at any legal meeting, shall be paid
in within one year from the passing of this act.

Sect. 2. Be it further enacted. That the additional stock Additional
aforesaid shall be subject to the like tax, regulations, restrictions tix*'*'^|f^'® '°
and provisions, as the present capital stock of said corporation is
now liable to, by virtue of the act to which this is in addition.
[March 10, 1828.] Add. acts, 1830 ch. 58 : 1832 ch. 60,

VOL. VI. 86

682

1827.-

■Chap. 114.

ChCLT) 1 14i. •*" ^^^ '*"" '^^ better regulation, instruction and government of the Indians and Peo-

■L ' pie of Colour in the County of Dukes County.

Commissioners
to be appointed
to make parti-
tion of lands.

Proviso.

Guardian to be
appointed and
give bond.

Annual meet-
ing.

Choice of offi.
cers.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That liis excellency the governor, with the advice and
consent of the council, be, and he hereby is authorized to ap-
point three comnnissioners, who shall meet in the month of
March or April next, and shall have power to make partition of
the lands belonging to the Indians and people of colour, inhabi-
tants of the Island of Chappequiddic, in Dukes county, reserv-
ing such part thereof for the support of the poor as they may
deem necessary, and the same to divide and apportion among
said Indians and people of colour, in such quantities as they shall
deem just and proper, regard being had to the rules of birth-
right and descent established among said Indians and people of
colour, and to those rights which individuals and families may
have acquired by virtue of a possession and improvement ; and
the partition and apportionment so made being recorded in the
registry of deeds for said county, shall be valid and effectual to
vest in said Indians and people of colour a fee simple in their re-
spective shares : provided, always, that any wood-land, peat-
land, mines, quarries or clay-pits, may continue to be held in
common as heretofore, or may at any time be divided, at the re-
quest of a majority of said Indians and people of colour, by the
guardian and overseers herein after provided.

Sect. 2. Be it further enacted. That the governor, with
the advice and consent of the council, shall appoint a good and
discreet man, who is or may be appointed a justice of the peace,
to be guardian of said Indians and people of colour, and he shall
hold the office of guardian during the term of four years, and be-
fore entering upon the execution of the trust, shall give a bond
to the judge of probate of Dukes county, in the penal sum of
one thousand dollars, with a sufficient surety or sureties, condi-
tioned for the faithful discharge of the trust committed to him,
and the duties enjoined upon him.

Sect. 3. Be it further enacted, That said Indians and peo-
ple of colour shall, in the month of March or April annually,
meet at such time and place as said guardian shall direct, by a
written notice, posted up at their meeting-house or school-house,
seven days at least before the time of said meeting, which notice
shall contain a list of the matters and things to be acted upon at
said meeting ; and it shall be the duty of said guardian to be
present and preside in said meeting ; but in case of his unavoid-
able absence, said Indians and people of colour may choose a
moderator, and may then proceed to choose a clerk, who shall
be sworn before a justice of the peace to keep a faithful record
of all the votes passed, in that, and in all other town meetings
of said Indians and people of colour, during the year, and until
another clerk be chosen and sworn in his stead ; and the said In-
dians and people of colour may next proceed to choose two or
more good men, either of the neighboring white inhabitants, not

1827. Chap. 114. , 683

proprietors of lands adjoining the lands of said Indians, or of
the most sober, discreet and well educated of their own number,
for overseers ; and they may also choose a constable, field dri-
ver, pound keeper, and other town officers whom they may
deem necessary, who shall be sworn to the faithful discharge of
the duties of their respective offices ; and it shall be the duty of
said constable, field driver, pound keeper and other town offi-
cers, to carry into execution the laws of this Commonwealth,
within the territory of said Indians and people of colour, as
amply as the like officers, chosen by the several towns in this
Commonwealth, are by law enabled to do within their respective
towns.

Sect. 4. Be it further enacted, That the following powers Duties of guard-
and duties be vested in, and enjoined upon the said guardian : '3"-
1st. To settle all accounts and controversies among the said
Indians and people of colour, and between them and the neigh-
bouring white inhabitants. 2d. To institute in his own name,
or in the name of any Indian or person of colour, any action or
actions for the recovery of any debt due, or other property be-
longing to said Indians and people of colour, or for any fraud or
injury committed upon them or their property. 3d. To punish,
by fine not exceeding twenty dollars, or by solitary imprison-
ment not exceeding twenty days, any trespasses, batteries, lar-
cenies under five dollars, gross lewdness and lascivious beha-
viour, and disorderly and riotous conduct, and for the sale of
spirituous liquors within the territory, or on the lands of said In-
dians and people of colour; and said guardian, or other justice of
the peace, may issue his warrant, directed to the constable of
said Indians and people of colour, or other proper officer, to ar-
rest, and bring before him, any offender against the provisions of
this act; and after judgment, he may order execution to be done
by said constable or other proper officer ; and if said guardian,
or other justice of the peace, shall adjudge any offender to soli-
tary imprisonment, such offender shall not, during the term of
said imprisonment, be visited by, or allowed to speak with, any
person other than the jailer, or said guardian or justice of the
peace, or such other person as said guardian or justice of the
peace shall specially authorize thereto ; nor shall such offender
be allowed any food or drink other than coarse bread and water,
unless sickness shall, in the opinion of a physician, render other
sustenance necessary ; and said guardian, or other justice of the
peace, shall keep a fair record of his proceedings ; and any per-
son aggrieved at the sentence given against him by said guardian,
or other justice of the peace, may appeal therefrom to the next
court of common pleas, to be holden in said county, according
to the laws regulating the powers of justices of the peace in
criminal cases. 4th. To grant licenses to such of said Indians
and people of colour as shall, by industry, sobriety and correct
conduct, entitle themselves to the privilege, to make contracts
generally, and in particular to purchase real estate, in such quan-
tity, and at such price, in case it be purchased of said Indians

684 1827. Chap. 114.

Duties of guar- gnd people of colour, as said guardian and overseers may approve.
5th. To be treasurer of said Indians and people of colour. 6th.
To settle and adjust all accounts with former guardians, and to
receive from them any monies or other property belonging to
said Indians and people of colour, and v/ith the approbation of
the overseers to pay any balance which may be justly due to said
guardians. 7th. To keep accurate and regular accounts of all
receipts and disbursements on account of said Indians and peo-
ple of colour, and annually, on or before the last day of Decem-
ber, to file a copy thereof in the office of the secretary of this
Commonwealth, for the inspection of his excellency the gover-
nor, and also a copy in the office of the judge of probate of
Dukes county, for his inspection and approval ; and at the annual
meeting of said Indians and people of colour for the choice of
officers, or any other town meeting which it shall be his duty to
call at any time, on the request of the overseers, he shall exhibit
his said accounts, and if required shall give explanations touching
the same ; and if said Indians and people of colour shall be of
opinion that said guardian has been guilty of any unfaithfulness or
fraud in the execution of his said trust, they may represent the
same to the judge of probate of Dukes county, who shall hear
the parties, examine the case, and if he shall be of opinion that
said representation is true, he shall lay the same before his ex-
cellency the governor, who shall direct a suit to be instituted in
the name of the Commonwealth against said guardian on his said
bond. 8th. To reserve such part of the wages or profits of
any voyage or voyages of said Indians and people of colour,
for the support of their families, as the said guardian may think
proper ; and the master or owners who shall employ said Indians
and people of colour in any voyage or voyages, shall be holden
to the due payment of any sum or sums so reserved, and no
payment made to said Indians or persons of colour by such
" master or owners, shall be a bar to the recovery of any sum or

sums so reserved. 9th. To lease out any common lands, mines,
quarries, clay-pits, fisheries, or other common property, and to
receive, to the use of said Indians and people of colour, the
rents and profits thereof. 10th. To remove all strangers and
intruders, who shall, without right, enter and reside upon the
lands of said Indians and people of colour ; and every person so
entering and residing, who shall refuse, on the request of said
guardian to withdraw from the same, shall be removed, together
with his or her family from said lands, by a warrant to be issued
by the guardian or any justice of the peace, on the complaint of
the overseers ; and if the person so removed shall return with
intent to reside, he shall, on conviction thereof, before any
justice of the peace, be punished by fine not exceeding twenty
dollars, or by imprisonment not exceeding twenty days. 11th.
To bind out to service, for a term not exceeding one year, if
the service is to be performed on land, and the term of one
voyage, if the service is to be performed at sea, habitual drunk-

1827. Chap. 114. 685

ards, vagabonds and idlers, and the earnings of such persons to Duties of guar-
receive and apply to the support of his or her family, or to the use ^'^""
of said Indians and people of colour generally, as said guardian
and overssers may think proper. 12th. To bind out poor chil-
dren with the consent of the overseers, according to the laws of
this Commonwealth. 13th. To prosecute any person who shall
sell to said Indians and people of colour any spirituous liquor,
contrary to law. 14th. To enter upon, or, with the approbation
of the court of common pleas in Dukes county, in the name of the
Commonwealth, to institute suits to recover any lands, tenements
or hereditaments taken or detained from any Indians and people
of colour in said county, by means of abatement, intrusion, dis-
seizen, deforcement, fraud, or by colour of any gift, grant, bar-
gain or sale by said Indians or people of colour, or their guar-
dians, in contravention of the laws of this Commonwealth ; and
said lands, tenements or hereditaments, when recovered by said
guardian, may be sold at public vendue, ten days notice thereof
being first given by posting up the same at some public place in
the town of Edgartown ; and the proceeds of such sale shall be
paid over in sums at the discretion of said guardian and overseers
to the person or persons who are lawfully entitled to the same, >.
and in default of such persons, into the treasury of the Com-
monwealth, to be invested in such manner, as the treasurer of
the Commonwealth shall deem best, and to form, together with
such additions, as may from lime to time be made thereto, a
permanent fund for the support of Indian schools and paupers,
to be called the Indian School and Pauper Fund. 15th. To
disburse monies to said Indians and people of colour, according
to the votes of said guardian and overseers in those cases where
a joint vote is by this act required, and according to the best of
his judgment and discretion in all other cases, he keeping, and
annually rendering an accurate account of the same, as herein
before provided. 16th. To return to the office of the judge of
probate of Dukes county, and to that of the secretary of the
Commonwealth, as soon as may be practicable after his appoint-
ment, and as often afterwards as he may be required, complete
inventories of all the property real and personal belonging to the
Indians over whom he shall be appointed.

Sect. 5. Be it further enacted, That the following pow- Joint powers
ers and duties be, and they hereby are, vested in and enjoined ^"ardi^alTand
upon the said guardian and overseers jointly. 1st. To regulate the overseers.
police of said Indians and people of colour. 2nd. To assess
and levy taxes which shall be collected by the constable of said
Indians and people of colour in pursuance of a warrant from
said guardian. 3d. To provide for the instruction of youth, and
to determine the appropriations for that purpose, to employ in-
structors, to visit and examine the schools. 4th. To provide
for the support of the poor. 5th. To perambulate the lines be-
tween the lands of said Indians and people of colour, and the
towns which join thereon. 6th. To prohibit, as far as they shall
think proper, the intercourse between said Indians and people of

alienate lands.

686 1827. Chap. 114.

colour, and persons belonging to any whaling or other ship, fish-
ing boat or any other water craft whatsoever, and for this pur-
pose, to commission, employ and pay as many constables as
they may deem necessary to enforce such order as they may
establish in this behalf.
Indians not to Sect. 6. Be it further enacted, That said Indians and
people of colour shall not be capable of alienating, by deed or
otherwise, their lands, or any part thereof, except in cases in
which authority for that purpose is given by this act, nor shall the
same be subject to attachment by writ or in execution issued on
any demand or judgment against the proprietors thereof.
Contracts made Sect. 7. Be it further enacted. That, from and after the
hiff^of tliis'act passing of this act, no promise made, nor contract entered into
by any of said Indians and people of colour, shall be valid in
law, unless the same shall be made or entered into with the
written consent of said guardian ; and no action hereafter brought
upon any promise or contract made or entered into without such
written consent, shall be sustained in any court of law : nor
shall any action in which any of said Indians or people of col-
our shall be plaintiffs, be sustained, unless the original writ be
endorsed by said guardian ; and this act may be given in evi-
Proviso. dence, in all such actions, under the general issue : provided,

always, that nothing contained in this section shall be construed
to exempt any person or persons to whom license may have
been granted under the fourth section of this act, from sueing
and being sued, pleading and being impleaded, in any court, in
the same manner as the citizens of this Commonwealth.
Penalty for sei- Sect. 8. Be it further enacted, That said guardian shall
hng spirituous gjyg written information to all taverners and retailers within said
dians after no- couuty, of such Indians and people of colour, as may be ad-
tice from guar- (Jjcted to idleness, vagrancy, and the excessive drinking of spiri-
tuous liquors ; and, if any taverner or retailer shall, after the re-
ceipt of such information, sell any spirituous liquors to any In-
dian or person of colour, of whom he shall have been so in-
formed as an idler, vagrant or drunkard, then such taverner
or retailer, shall forfeit and pay for every offence, the sum of
ten dollars, to be recovered by action, or on complaint before
any justice of the peace, and to be received by said guardian to
the use of said Indians and people of colour.
Pound. Sect. 9. Be it further enacted, That ihereshaW he erected,

and maintained by the guardian and overseers at the common
expense, in such place on the lands of said Indians, as said guar-
dian and overseers shall direct, a pound, which shall be used for
like purposes, and in like manner as town pounds may be, by
the laws of this Commonwealth.
Proceedings in Sect. 10. Be it further enacted. That, whenever any
cases of bas- woman of said Indians and people of colour, shall be delivered
of a bastard child, or shall be pregnant of a child, which, if
born alive, would be a bastard, the guardian or other justice of
the peace, upon complaint against any man as the father of such

1827. Chap. 114—115. 687

bastard child, shall proceed according to the act for the punish-
ment of fornication, and the maintenance of bastard children.

Sect. 11. Be it further enacted^ That this act shall be Act extended to
taken and construed to extend to the Indians and people of J^l^'-^"-^ ^'
colour at Christiantovvn, whose lands shall be divided and ap- &,c.
portioned by the said commissioners, in the same manner as is
herein provided for the partition of lands at Chappequiddic,
and as soon after the completion of that partition, as may be
practicable : and said Indians and people of colour at Christian-
tovvn may choose their own overseers and other officers, and
do all other things which by this act the Indians and people of
colour at Chappequiddic may do ; and whenever the Indians
and people of colour at Gayhead shall, by a vote in town meet-
ing, accept this act, and shall transmit to his excellency the govern-
or an attested copy of said vote, then his excellency may authorize
said guardian to act as guardian of the Indians and people of colour
at Gayhead ; and may, upon their request, appoint suitable per-
sons to make partition of the Indian lands at Gayhead, in the
same manner as is herein provided for the partition of lands at
Chappequiddic and Christiantovvn.

Sect. 12. Be it further enacted, That there be allowed and Salary of
paid to said guardian, out of the treasury of the Commonwealth, guardian.
the annual salary of one hundred dollars, for his services as
guardian of the Indians and people of colour, at Chappequiddic
and Christiantovvn ; and if he shall be authorized by his excellen-
cy the governor to act as guardian of the Indians and people of
colour at Gayhead, then he shall receive such additional sum, not
exceeding one hundred dollars annually, as his excellency the
governor, with the advice and consent of the council, may de-
termine.

Sect. 13. Be it further enacted, That all acts and parts of Repeal,
acts, inconsistent with the provisions of this act, be, and the
same hereby are repealed. [March 10, 1828.] Add. act,
1830 ch. 96.

An Act to change the names of the several persons therein described. CKcil) 115.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That, from and after the passing of this act, the several persons Names chang-
herein named shall be called and known by the names they are ed.
hereby respectively allowed to assume, and the same shall be
deemed their only proper and legal names, viz : That Joseph sufibik.
Dowding Bass Eaton may take the name of Joseph Bass Eaton ;
that George Watson Patrick may take the name of George Wat-
son ; that Henry Augustus Emery Humphrey, a minor son of
George Humphrey, may take the name of Henry Smith Hum-
phrey ; that Samuel Smith may take the name of Samuel James
Hall Smith ; that William C. Johnson may take the name of
William Johnson Cochrane ; that Nathaniel Russell Sturgis, jr.,
may take the name of Russell Sturgis ; that Elizabeth Palfrey
may take the name of Elizabeth Cazneau Palfrey ; that George

688

1827.-

-Chap. 115.

Essex.

Norfolk.

Worcester.

Middlesex.

Dodd may take the name of George William Dodd ; that
Mc Cray Cutter may take the name of Thomas Mc Cray Cutter ;
that Prince Freeman, Junior, may take the name of Henry
Prince Freeman ; that Betsey Olivey Lane may take the name
of Elizabeth Olivey Lane ; that Maxey Hall may take the name
of Francis Maxey Hall ; that Theophilus Bradbury may take the
name of Theophilus Washington Bradbury ; that Albent Smith
may take the name of Albent William Smith ; that Thomas
Ham may take the name of Thomas Ham Grenville ; that
Francis Bigelow may take the name of Francis Rufus Bigelow ;
and that Edwin Fullerton may take the name of James John
FuUerton, — all of the city of Boston, in the county of Suffolk ; —
that Amos Smith, Junior, of Salem, n)ay take the name of
Amos F. Smith ; that William Balch, Junior, of Bradford, may
take the name of William Henry Balch ; that Sarah Tenny, of
Bradford, may take the name of Sarah De Tenny ; that Hannah
Ordvvay, of Bradford, may take the name of Hannah Dorothy
Annis ; that John Nichols, of Salem, a minor son of George
Nichols, may take the name of John H. Nichols ; that Jonathan
Kimball, a minor son of John Kimball, of Andover, may take
the name of Charles Kimball ; that John Richardson, Junior, of
Bradford, may take the name of John Pierce Richardson ; and
that Timothy Abbot, of Andover, may take the name of Sereno
Timothy Abbot, — all of the county of Essex ; — that William
Hickox, of Weymouth, may take the name of William Harring-
ton ; that Catharine Otis Farnsworth, of Weymouth, may take
the name of Catharine Jane Delap Otis Farnsworth ; that James
Barker, of Franklin, may take the name of James Adams ; that
Abby Hayden Heath, of Brookline, may take the name of Abby
Louisa Hayden Heath ; that Almira Penniman, of Brookline,
may take the name of Almira Cornelia Penniman ; that Willis
George Daniels, of Franklin, may take the name of George
Willis Daniels ; and that George Peck, of Braintree, may take
the name of George Batcheller Peck, — all of the county of Nor-
folk ; — that William Goddard Babcock, of Northborough, may
take the name of William Goddard Emerson ; that Rufus Dodge,
of Leicester, may take the name of Rufus Dexter ; that Sarah
Dodge, wife of said Rufus, may take the name of Sarah Dexter ;
that Lucy Gilbert Dodge, a minor daughter of said Rufus, may
take the name of Lucy Gilbert Dexter ; that Lyman Cranch, of
Bolton, may take the name of Charles Augustus Lyman ; that
Joanna Allen, of Uxbridge, may take the name of Joanna Spring ;
that John C. Allen, a minor son of said Joanna, may take the
name of John C. Spring ; that Lavinia Ferguson, an adopted
daughter of Benjamin Butman, of Worcester, may take the name
of Sally Lavinia Butman ; that Jedediah Easterbrook, Junior,
of Rutland, may take the name of Joel Easterbrook ; that Azubal
Partridge Gardner, of Bolton, may take the name of Ellen Part-
ridge Gardner ; and that George Julius Dodge, an adopted son
of Asa Putnam, of Sutton, may take the name of George Julius
Putnam, — all of the county of Worcester ; — that Solomon S.

1827. Chap. 115—117. 689

Rice, of Cambridge, may take the name of Henry Solomon
Sibley Rice ; that Lovett Walker, of Holliston, may take the
name of Charles Gibbs Walker ; that Mark Newcomb, of
Charlestown, may take the name of Mark Winchester ; that
Isaac Austin, of Charlestown, may take the name of Arthur
Williams Austin ; that Siizan Fiske Manson, of Framingham,
may take the name of Susan Fiske Manson ; that Sarah Hazen,
of Shirley, may take the name of Sarah Hazen Parker ; that
William Francis Cotting, of West Cambridge, a minor son of
William Cotting, may lake the name of William Wallace Cot-
ting ; and that William Hovey, of Cambridge, may take the
name of William Bowles Hovey, — all of the county of Middle-
sex ; — that James Sever, Junior, of Kingston, may take the Plymouth,
name of James Nicholas Sever ; and that Zoroaster Edson, of
West Bridgewater, may take the name of Henry Edson, — both
of the county of Plymouth ; — that Job Cash Orchard, of North- Hampshire,
ampton, may take the name of Josiah Curtis Orchard ; that
Olcott Taylor, of Norwich, may take the name of Charles Biz-
zell Taylor ; that Amasa Wade, of Northampton, may take the
name of Amasa D wight Wade ; that Patrick Slate, of North-
ampton, may take the name of George Austin Slate ; and that
Royal Packard, of Cummington, may take the name of Royal
Lewis Packard, — all of the county of Hampshire ; — that George Berkshire.
Appleton Gold, a minor son of Thomas A. Gold, of Pittsfield,
in the county of Berkshire, may take the name of Nathan Apple-
ton Gold ; that Joseph Smallidge, Junior, of Shutesbury, in the Franklin,
county of Franklin, may take the name of Joseph Lucian Small-
idge ; and that Gilbert Richmond Lawless, of New Bedford, in Bristol,
the county of Bristol, may take the name of Gilbert Richmond.
[March 11, 1828.]

An Act in addition loan Act, entitled " An Act for incorpoiating certain persons /^A/Yrill7
for the purpose of building a bridge over Merrimack River, between the towns of i^

Haverhill and Newbury in the county of Essex, and for supporting the same." 1794 ch. 3.

Sect. 1. BE it enacted by the Senate and House of Repre- 1795' g^' 64^'^
sentatives, in General Court assembled, and by the authority of (v. 2. p. 69.)
the same, That the proprietors of said bridge may rebuild the {gia'^h T^'
s-ame upon the old foundations of the bridge, erected in pursu-
ance of the act to which this is in addition, of the following di- Proprietors
mensions and height, viz : that part of the bridge which is to ex- j^^L'^^'"^'''^
tend from the abutment on the Haverhill side of said river, to
the first draw pier, shall be built twenty-two feet above common
high water, and the remaining parts of said bridge shall be built
twenty feet above common highwater, and the whole length of
the same shall be twenty-two feet wide : provided, however, that Proviso,
the proprietors of said bridge shall make a draw or passage way
for vessels, at least thirty-six feet wide, which shall be opened
at all times on demand, at the expense of the proprietors, for the
accommodation of such vessels as cannot conveniently pass
under said bridge.

Sect. 2. Be it further enacted, That all laws now in force Repeal,
upon this subject, which are inconsistent with the provisions of
this act, be and the same are hereby repealed. [March 1 1 , 1828.]

VOL. VI. 87

690

1827.-

■Chap. 120—121.

Chap 120.

Persons incor-
porated.

Real and per-
sonal estate.

Shares.

First meeting.

Chapl2l.

Persons incor-
porated.

Powers and
duties.

1811 ch. 84.

Proviso.

Amount of cap-
ital stock,
shares, &.c.

[Time extend-
ed, 1828 ch. 22.]

An Act to incorporate the Proprietors of the Stockbridge Academy.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Cyrus Williams, David D. Field, Edward Bunall,
Henry W.Dvvight, Theodore Sedgwick, their associates, succes-
sors and assigns, be, and they hereby are constituted a body corpo-
rate, by the name of the Proprietors of the Stockbridge Acade-
my, and, by that name, shall have power to make contracts, to
sue and be sued, to have a common seal, to take, by deed or oth-
erwise, real and personal estate, the annual incon)e of which shall
not exceed the sum of five thousand dollars, to make all lawful
and necessary rules and by-laws for the management of said cor-
poration, and to appoint all proper officers for said institution, and
to define their powers, duties and liabilities.

Sect. 2. Be it further enacted, That the funds of said cor-
poration shall be divided into shares of ten dollars each ; and each
proprietor shall be entitled to one vote for each share ; and the
first meeting of said proprietors shall be called by Cyrus Wil-
liams, who shall give notice of the time and place of said meeting
in some newspaper printed in the county of Berkshire, ten days
at least previous thereto ; and the Legislature may at any time
alter or repeal this act. [March 11, 1828.]

An Act to incorporate the President, Directors and Company of the India Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That David Lee Child, Robert Farley, Le Baron
Putnam, Ralph Huntington, and Francis W. Dana, be, and they
hereby are, created a corporation, by the name of the President,
Directors and Company of the India Bank, and shall so continue
until the first Monday in October, in the year of our Lord one
thousand eight hundred and thirty-one ; and the said corporation
shall be subject to the rules, restrictions, limitations, taxes and
provisions, and be entitled to the same rights, privileges and im-
munities, which are contained in an act, entitled "an act to in-
corporate the president, directors and company of the State
Bank," except so far as the same are modified or altered by this
act, as fully and effectually as if the several sections of said act
were herein specially recited and enacted : provided, hoicever,
that the amount of bills issued from said bank, at any one time,
shall not exceed the amount of capital stock actually paid in.

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of the sum of five hundred thousand
dollars, in gold and silver, to be, besides such part as this Com-
monwealth may subscribe, in manner herein after mentioned, di-
vided into shares of one hundred dollars each, which shall be
paid in manner following, to wit : one fourth part thereof on or
before the first day of June next, one fourth part thereof on or
before the first day of September next, one fourth part thereof on
or before the first day of December next, and the remaining part
thereof, within three months thereafter ; and no dividend shall be
declared on the capital stock of said bank, until the whole of said

1827. Chap. 121. 691

stock shall have been paid in, conformably to the provisions of
this act : and the stockholders, at their first meeting, shall, by a
majority of votes, determine the mode of transferring and dispo-
sing of said stock, and the profits thereof, which, being entered
on the books of said corporation, shall be binding on the stock-
holders, their successors and assigns, until they shall otherwise
determine ; and the said corporation are hereby made capable in Real estate,
law to have, hold, purchase, receive, possess, enjoy and retain
to them, their successors and assigns, lands, tenements and he-
reditaments, to the amount of fifty thousand dollars, and no more
at any one time, with power to sell and convey the same by deed,
under the seal of said corporation, and signed by the president,
and two of the directors, and to loan and negotiate their monies
and effects, by discounting on banking principles, on such secu-
rity as they may think advisable : provided^ however, that nothing Proviso,
herein contained shall restrain or prevent said corporation from
taking and holding real estate in mortgage, or on execution, to
any amount, as security for, or in payment of, any debts due to
said corporation : and provided, further, that no monies shall
be loaned, or discounts made, nor shall any bills or promissory
notes be issued from said bank, until the capital stock subscribed
and actually paid in, and existing in gold and silver in their vaults,
shall amount to two hundred and fifty thousand dollars ; nor until Examination
said capital stock actually in said vaults, shall have been inspected capital stock,
and examined by three commissioners, to be appointed by the
governor for that purpose, whose duty it shall be, at the expense
of the corporation, to examine the money actually existing in
said vaults, and to ascertain, by the oath of the directors of said
bank, or a majority of them, that said capital stock hath been bona
fide paid in by the stockholders of said bank, and towards pay-
ment of their respective shares, and for no other purpose, and
that it is intended therein to remain as a part of said capital ; and
to return a certificate thereof to the governor ; and no stockhold-
er shall be allowed to borrow any money at said bank, until he
shall have paid in his full proportion of the whole of said capital
stock, as herein before required.

Sect. 3. Be it further enacted. That said bank shall Bank to be kept
be established and kept in Boston, and no loan or discount shall '" ^°ston.
be made, nor shall any bill or note be issued by said corporation,
or by any person on their account, at any other place than at said
bank.

Sect. 4. Be it further enacted, That whenever the Leg- Loans to the
islature shall require it, the said corporation shall loan to the ^°^|U°°'
Commonwealth any sum which shall be required, not exceeding
ten per centum of the capital stock actually paid in at any one
time, reimbursable in five annual instalments, or any shorter
time, at the election of the Commonwealth, with the annual pay-
ment of interest, at a rate not exceeding five per centum per an-
num : provided, however j that the Commonwealth shall not stand
indebted to the said corporation, without their consent, for a

692 1827. Chap. 121.

larger sum than twenty per centum of their capital stock then
paid in.
First meeting. Sect. 5. Be it further enacted, That the persons herein
before named, or any tliree of them, are authorized to call a meet-
ing of the members and stockholders of said corporation, as soon
as may be, at such time and place as they may see fit to appoint,
by advertising the same in any two of the newspapers printed in
Boston, for the pm-pose of making, ordaining and establishing such
by-laws and regulations, for the orderly conducting the affaiis
of said corporation, as the stockholders shall deem necessary,
and the choice of the first board of directors, and of such other
officers as they shall see fit to choose.
Commonweaiih Sect. 6. Be it further enacted. That the Commonwealth
to^capit'aUtMk. ^^^^^' h^'JQ a right, whenever the Legislature shall make provision
therefor by law, to subscribe on account of the Conmionwealth
a sum not exceeding two hundred and fifty thousand dollars, to
be added to the capital stock of said corporation, subject to such
rules, regulations and provisions as to the management thereof, as
shall be by the Legislature made and established.
Legislature Sect. 7. Be it further enacted. That, whenever the Com-

rectors^''"'"* ' ' nionwealth shall subscribe to the capital stock of said corporation,
in manner herein before provided, in addition to the directors by
law to be chosen by the stockholders, the Legislature shall have
a right, from time to time, to appoint a number of directors to
said bank, in the proportion as the sum paid from the treasury of
the Commonwealth shall be to the whole amount of stock actual-
ly paid into said bank.
Number of di- Sect. 8. Be it further enacted, That the number of direc-
rectors. jQj,g jQ jjg annually chosen shall be nine, five of whom shall con-

stitute a quorum for the transaction of business ; and the cashier,
Casiiier to give before he enters upon the duties of his office, shall give bond,
^°^^- with sureties, to the satisfaction of the board of directors, in a

sum not less than fifty thousand dollars, conditioned for the faith-
ful discharge of the duties of his office.
Tax. Sect. 9. Be it further enacted. That the said corporation,

from and after the first day of October next, shall pay by way of
tax to the treasury of this Commonwealth, for the use of the
same, within ten days after the first Monday of October and April
annually, the half of one per centum on the amount of capital
stock which shall have been paid in.
Coiporaiion lia- Sect. 10. Be it further enacted, That the said corporation
ble to pay origi- j^ jj ^ liable to pay to any bona fide holder, the original amount

nal amount of r • j i i r • j i j • ? r

altered notes, oi any note ol said bank counterleited or altered in the course ol
its circulation to a larger amount, notwithstanding such alteration :
and shall also be holden to pay to any bona fide holder, the amount
of any note counterfeited, unless all the notes actually issued by
said corporation shall be printed or impressed with the ste-
recTtype plate ; and said corporation shall not, at any place what-
ever, directly or indirectly, purchase, receive, pay or exchange
any bill or note of said bank, or of any other bank incorporated
within this Commonwealth, for any less sum than the nominal
value expressed in such bill or note.

1827. Chap. 121 — 122. 693

Sect. 11. Be it further enacted^ That the capital stock of Siork not to be
said bank shall not be sold'or transferred, but shall be holden by ^elrldVor one
the original subscribers thereto, for and during the period of one year,
year from the time of passing this act ; and in case the same shall
not be put in operation, according to the provisions thereof,
within the year aforesaid, it shall be void.

Sect. 12. Beit further enacted. That any committee, spe- Legislative

• 11 • 11 1 T • 1 r I 1 II 1 examination.

cially appointed by the Legislature lor the purpose, shall liave
a right to examine into the doings of said corj)oration, and shall
have free access to all their books and vaults ; and if, upon such
an examination it shall be found, and, after a full hearing of
said corporation thereon, be determined by the Legislature, that
said corporation have exceeded the powers granted them, or
failed to comply with any of the rules, restrictions and conditions
provided in the laws relating to them, their charter thereupon
may be declared forfeit and void. [^JMarch 11, 1828.] Add.
act, 1828 ch. 22.

An Act to incorporate the President, Directors and Company of the Sutton Bank. CJlQ/n 122.

Sect. 1. BE it eimcted by the Senate and House of Representatives, in General "*

Court assembled, and bij the authoritij of the same. That David Wilkinson, Samuel Persons incor-
Taylor, Joshua W. Leiand, Jonas L. Sibley, Hezekiah Howe, Clarke Brown, Caleb porated.
Chase, Abraham Chase, Asa Woodbury, Joshua Armsbury, Sullivan Newton, Thomas
Harbach and John Dudley, their associates, successors and assigns, shall be, and
hereby are, created a corporation, by the name of the President, Directors and Com-
pany of the Suiton Bank, and shall" so continue until the first Monday of October,
which will be in the year of our Lord one thousand eight hundred and thirty one. Ancl
the said corporation shall always be subject to the rules, restrictions, limitations, taxes Powers and du-
and provisions, and be entitled to the same rights, privileges and immunities, which are ties,
contained in an act. entitled " an act to incorporate the President, Directors and Com- 1811 ch. 84.
pany of the State Bank," except so far as the same are modified and altered by this
act, as fully and eflectuall}', as if the several sections of the said act v\ere herein spe-
cially recited and enacted : provided, however, that the amount of bills issued from said Proviso,
bank, at any one time, shall not exceed the amount of the capital stock actually paid in.

Sect. 2. Be it further enacted, That the capital stock of said corporation shall Capital stock,
consist of one hundred thousand dollars, in gold and silver, to be, besides such part as shares, &c.
this Commonwealth shall subscribe, in manner hereafter mentioned, divided into shares
of one hundred dollars each, which shall be paid in manner following, viz : one half
part thereof on or before the first da^' of October next, and the remaining part thereof
on or before the first day of March, in the year of our Lord one thousand eight hundred
and twent3'-nine ; and no dividend shall be declared upon the capital stock of said [Timeextend-
bank, until the whole of the capital stock thereof shall have been paid in, conformably ed, 1828 ch.66.]
to the provisions of this act; and the stockholders, at their first meeting, shall, by a
majority ol their votes, determine the mode of transferring and disposing of said stock,
and the profits thereof, which, being entered in the books of said corporation, shall be
binding on the stockholders, their successors and assigns, until they shall otherwise
determine ; and the said corporation are hereby made capable in law, to have, hold,
purchase, receive, possess, enjoy and retain, to them, their successors and assigns,
lands, tenements and hereditaments, to the amount of ten thousand dollars, and no Real estate,
more, at an}' one time, with power to bargain, sell, dispose of and conve}' the same,
by deed, under the seal of said corporation, and signed by the president, or two of the
directors ; and to loan and negotiate their monies and effects, by discounting, on bank-
ing principles, on such security as they may think proper : provided, however, that Proviso,
nothing herein contained shall prevent or restrain said corporation from taking and
holding real estate, in mortgage, or on execution, to any amount, as security for, or in
payment of, any debts due to said corporation : a^id provided, further, that no monies
shall be loaned, or discounts made, nor shall any bills, or promissory notes, be made
or issued from said bank, until the capital subscribed, and actually paid in, and exist-
ing in gold and silver in their vaults, shall amount to fifty thousand dollars, nor until
said capital stock, actually m said vaults, shall have been inspected and examined by Examination
three commissioners, to be appointed by the governor for that purpose, whose duty and return of
it shall be, at the expense of the said corporation, to examine the monies actually capital stock,
existing in said vaults, and to ascertain, by the oaths of the directors of said bank,- or a
majority of them, that said capital stock hath been bona fde paid in by the stockholders
of said bank, and towards the payment of their respective shares, any hot for any other
purpose, anci that it is intended therein to remain, as a part of sai<i capital, and to return
a certificate thereof to the governor ; and no stockholder shall be allowed to borrovT^

694

1827.-

■Chap. 122—123.

Location of
bank.

Legfislative ex-
amination.

First meeting.

Common-
wealth may sub
scribe to capital
stock.

Corporation lia-
ble to pay ori-
ginal amount of
altered notes.

Stereotj'pe
plate.

Tax.

Loans to the
Common-
wealth.

Stock not trans-
ferable for one
year.

Cashier shall
give bonds.

Chap 123.

Persons incor-
porated.

any mone}' at said bank, until he shall have paid in his full proportion of the wnole of
said capital stock, as herein before provided and required.

Sect. 3. Be it further enacted, That the said bank shall be established in ihe town
of Sutton, and shall have seven directors, whom a majoiity of, shall always be resident
in said town, and all of them in the county of Worcester ; and no loan or discount shall
be made, nor shall any bill or note be issued by the said corporation, or by any person,
on their account, in any other place than at said hank.

Sect. 4. lie it further enacted, That any committee, specially appointed by the
Legislature for that purpose, shall have a right to examine into the domgs of said cor-
poration, and shall have free access to all their books and vaults ; and if, upon such ex-
amination, it shall be found, and after a full hearing of said corporation thereon, be de-
termined by the Legislature, that said corporation nave exceeded their powers herein
granted to them, or have failed to comply wiih any of the rules, restrictions or condi-
tions in this act provided, this act of incorporation shall thereupon be declared to be
forfeited and void.

Sect. 5. Be it further enacted, That the persons herein before named, or any of
them, aie authorized to call a meeting of the stockholders of said corporation, at a con-
venient time and place, by advertising the same, three weeks successively, in the Na-
tional iEgis, and Worcester Yeoman, two i)apers published in Worcester, for the pur-
pose of making, ordaining and establishing such by-laws, ordinances and regulations,
for the orderly conducting the affairs of said corporation, as the stockholders shall deem
necessary, and for the choice of the first board of directors, and such other officers as
they shall see fit to choose.

Sect. 6. Be it further enacted, That the Commonwealth shall have a right, when-
ever the Legislature shall provide therefor, to subscribe, on account of said Common-
wealth, a sum not exceeding fifty thousand dollars, to be added to the capital stock of
said corporation, herein bclore provided for ; and whenever the Commonwealth shall
become so interested in said bank, the Legislature shall have a right to appoint four
additional directors for the management of the same.

Sect. 7. Be it further enacted, That the said corporation shall be liable to pay, to
any bona fide holder, the original amount of any note of said bank altered to a larger
amount in the course of its circulation, notwithstanding such alteration ; and shall also
be liable to pay any bona fide holder the amount of any note of said bank, counterfeited,
unless all the notes actualh' issued by said bank shall be printed or impressed with the
stereotype plate ; and that said corporation shall not, at any place whatever, directly
or indirectly, purchase, receive, pay or exchange any bill or note of said bank, or of
any other bank incorporated within this Commonwealth, for any less sum than the nom-
inal value expressed in such bill or note.

Sect. 8. Be it further enacted. That said corporation, from and after the first day
of October next, shall pay, by way of tax, to the Treasury of this Commonwealth, for
the use of the same, and within ten days after the first Mondays of .\pril and October,
aniuinlly, the half of one per centum on the amount of stock which shall have been ac-
tually paid in.

Sect. 9. Be it further enacted. That, whenever the Legislature shall require it, said
corporation shall loan to the Commonwealth any sum of money which may be required,
not exceeding twenty per centum of the capital stock actually paid in, reimbursable by
five annual instalments, or at any shorter period, at the election of the Commonwealth,
with the annual interest, at a rale not exceeding five per centum per annum.

Sect. 10. Be it further enacted, That the capital stock of said bank shall not be
sold or transferred, but be holden by the original subscribers thereto, for and during
the term of one j'earfrom the time of passing this act ; and in case the same shall not be
put into operation, according to the provisions thereof, within the year aforesaid, it shall
be void.

Sect. 11. Be it further enacted. That the cashier, before he enters upon the duties
of his office, shall give bond, with sureties, for the faithful discharge of tiie duties of his
office, in the penalsum of twenty thousand dollars. [3Iarch 11, 18i28.] Add. act,
1828 ch. 66. Repealed, 1829 ch. 64.

An Act to incorporate the Fall River Institution for Savings.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Oliver Chase, Jaines Ford, Harvey Chase,
Bradford Durfee, John C Borden, Clark Shove, and Hezekiah
Battelle, be, and ihey hereby are, constituted a corporation,
by the name, style and title, of the Fall River Institution for
Savings, and that they, and such others as shall be duly elected
members of the said corporation, as in this act is provided, shall
be and remain a body politic and corporate, by the same name,
style, and title, for the term of twenty years.

Sect. 2. Be it further enacted, That the said corporation

1827. Chap. 123. 695

shall be capable of receiving from any person or persons, dis- Deposits of mo-
posed to obtain and enjoy the advantages of said institution, any "''^•
deposit or deposits of money, and to use and improve the same
for the pur})oses, and according to the directions herein mention-
ed and provided.

Sect. 3. Be it further enacted, That all deposits of mo- Deposits to be
ney received by the said society, shall be, by the said corpora- improved and

."' / -^ ' '•' , . . ' income divided

Hon, used and unproved to the best advantage ; and the mcome, among depos-
or profit thereof, shall be by them applied and divided among "°''^-
the persons making the said deposits, their executors, adminis-
trators or assigns, in just proportion, with such reasonable deduc-
tions, and the principal of such deposits may be withdrawn at
such times, and in such manner, as the said society shall direct
and appoint.

Sect. 4. Be it further enacted, That the said corporation Election of
shall, at their annual meeting in April, have power to elect, by members.
ballot, any other person or persons, as members of the said so-
ciety.

Sect. 5. Be it further enacted, That the said corpora- General pow-
tion may have a common seal, which they may change and re- ®'^^'
new at pleasure ; and that all deeds, conveyances and grants,
covenants and agreements, made by their treasurer, or any other
person by their authority and direction, shall be good and valid ;
and the said corporation shall at all times have power to sue, and
may be sued, and may defend, and shall be held to answer by
the name, style, and title aforesaid.

Sect. 6. Be it further enacted, That the said corporation Place of meet-
shall hereafter meet at Fall River, some time in the month of '^1'*^"°'^"'"'
April, annually, and as much oftener as they may judge expe-
dient ; and any seven members of the siad corporation, the presi-
dent, secretary, or treasurer, being one, shall be a quorum ;
and the said corporation, at their meetings in April annually,
shall have power to elect and choose a president, and all other
such officers as to them shall appear necessary, which officers,
so chosen, shall continue in office one year, and until others are
chosen in their room ; and all officers, so chosen, shall be un-
der oath to the faithful performance of the duties of their of-
fices respectively.

Sect. 7. Be it further enacted, That the said corporation By-laws,
hereby are vested with the power of making laws for the more
orderly managing the business of the corporation : provided,
the same are not repugnant to the constitution or laws of this
Commonwealth.

Sect. 8. Be it further enacted, That James Ford be, and First meeting.
he is hereby authorized, by public notifications in the Fall River
newspaper, to call the first meeting of the said society, at such
time and place as he shall judge proper.

Sect. 9. Be it further enacted. That the officers and Legislative ex-

r , ....''. 1 11 1 r I re ■ aminalion and

agents of the said institution shall lay a statement oi the anairs control,
thereof before any persons appointed by the Legislature to ex-
amine the same, whenever required so to do ; and shall exhibit

696

1827.-

-Chap. 123—125.

CA«j3l24.

Persons incor-
porated.

Powers and
duties.

1808 ch. G5.

Real and per-
sonal estate.

First meetins

Chap 125.

Names chang:-
ed. ^

Suffolk.

to them all the books and papers relating thereto ; and shall
submit to be examined by them concerning the same, under
oath ; and the Legislature may, at any time, make such further
regulations for the government of said institution, as they may
deem expedient ; and may alter, amend, or repeal this act at
pleasure. [March 11, 1828.]

An Act to incorporate the Lowell Brewery.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Kirk Boot, Paul Moody, Charles Smith, Cy-
ril Frencli, their associates, successors and assigns, be and they
are hereby made a corporation, by the name of the Lowell Brewe-
ry, for the purpose of manufacturing malt liquor in the town of
Lowell, in the county of Middlesex ; and for this purpose shall
have all the powers and privileges, and be subject to all the
duties and requirements contained in an act passed on the third day
of March, in the year of our Lord one thousand eight hundred
and nine, entided "an act defining the general powers and du-
ties of manufacturing corporations," and the several acts in ad-
dition thereto.

Sect. 2. Be it further enacted, That the said corporation
may be lawfully seized and possessed of such real estate, not
exceeding the value of thirty thousand dollars, exclusive of im-
provements, and such personal estate, not exceeding the value
of twenty thousand dollars, as may be necessary and convenient
for carrying on the manufacture aforesaid.

Sect. 3. Be it further enacted, That any one of the per-
sons mentioned in this act be, and hereby are [js] authorized to
appoint the time and place of holding the first meeting of said
corporation, and to notify them thereof, either by personal no-
tice, or otherwise. [March 11, 1828.]

An Act to change the Names of the Persons therein mentioned.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That from and after the passing of this act, Sarah Ballough, of
Boston, in the county of Suffolk, may take the name of Sarah
Goodwin, that Thomas Ballough may lake the name of Franklin
Goodwin, that Sarah Ann Ballough may take the name of Sarah
Elizabeth Goodwin, that Abigail Lamb Ballough may take the
name of Charlotte Augusta Goodwin, that Samuel Ballough may
take the name of Samuel Goodwin, and that George Ballough
may take the name of George P. Goodwin — all minor children
of said Sarah Ballough first named ; and the said persons, from
and after the passing of this act, shall be known and called by
the names which they are respectively allowed to assume as
aforesaid. [March 11, 1828.]

1827. Chap. 126. 697

An Act to incorporate the President, Directors and Company of the Lowell Bank. /7^ttwl26

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Pliineas Wliiling, Kiik Boot, Samuel Bacliel- Persons incor-
der, Paul Moody, Thomas Hurd, Josiah Crosby, Daniel Rich- P°fated.
ardson, Nathaniel Wright, and their associates, successors and as-
signs, shall be, and hereby are created acorjjoration, by the name
of the President, Directors and Company of the Lowell Bank,
and shall so continue from the third Monday in March one thousand
eight hundred and twenty-eight, until the first Monday in October,
which will be in the year of our Lord one thousand eight hundred
and thirty-one ; and the said corporation shall always be subject to Powers and
the rides, restrictions, limitations, taxes and provisions, and be ''"^'es-
entided to the same rights, privileges and immunities, which are
contained in an act, entitled "an act to incorporate the Presi- 1811 ch. 84.
dent. Directors and Company of the State 13ank," excepting
so far as the same are modified or altered by this act, as fully, as
if the several sections of said act were herein specially recited
and enacted : provided, however, that the amount of bills issu- Proviso,
ed from said bank at any one time, shall not exceed the amount
of the capital stock actually paid in.

Sect. 2. Be it further enacted. That the capital stock of Amount of cap-
the said corporation shall consist of the sum of one hundred shares°&c.
thousand dollars, in gold and silver, to be, besides such part as
the Commonwealth may subscribe in manner herein after mention- [Capital in-
ed, divided into shares of one hundred dollars each, which shall creased 1828
be paid in manner following, that is to say, one half part *^^"
thereof on or before the first day of September next, and the
residue thereof on or before the first day of February next ; and
no dividend shall be declared on the capital stock of said bank,
until the whole of said stock shall have been paid in, conformably
to the provisions of this act ; and the stockholders, at their first
meeting, shall, by a majority of votes, determine the mode of
transferring and disposing of said stock and the profits thereof,
which, being entered in the books of said corporation, shall be
binding on the stockholders, their successors and assigns, un-
til they shall otherwise determine ; and the said corporation are Real estate,
hereby made capable in law to have, hold, purchase, receive,
possess, enjoy and retain, to them, their successors and assigns,
lands, tenements and hereditaments, to the amount of five
thousand dollars, and no more, at any one time, with power to
bargain, sell, dispose of and convey the same by deed, under
the seal of said corporation, and signed by the president or two
directors, and to loan and negotiate their monies and effects,
by discounting on banking principles, on such security, as they may
think advisable : provided, however, that nothing herein contained Proviso,
shall restrain or prevent said corporation from taking and holding
real estate in mortgage or on execution to any amount, as se-
curity for, or in payment of, any debts due to the said corpora-
tion : and provided, further, that no money shall be loaned, or

VOL. VI. S8

698

1827.-

■Chap. 126.

Examination
and return of
capital stock.

Bank to be kept
in Lowell.

Loans to the
Common-
wealth.

First meeting:.

Common-
wealth may
subscribe to
capital stock.

discounts made, nor shall any bills or promissory notes be issued
from said bank, until the capital stock subscribed and actually
paid in, and existing in gold and silver in their vaults, shall amount
to fifty thousand dollars, nor until said capital stock actually in
said vaults, shall have been inspected and examined by three
commissioners, to be appointed by the governor for that purpose,
whose duty it shall be at the expense of the corporation, to ex-
amine the monies actually existing in said vaults, to ascertain by
the oath of the directors of said bank, or a majority of them,
that said capital stock hath been bona fide paid in by the stock-
holders of said bank, and towards payment of their respective
shares, and not for any other purpose, and that it is intended
therein to remain as a part of said capital, and to return a cer-
tificate thereof to the governor ; and no stockholder shall be al-
lowed to borrow money of said bank, until he shall have paid in
his full proportion of the whole of said capital stock, as herein
before provided and required.

Sect. 3. Be it further enacted^ That the said bank shall be
established and kept in the town of Lowell ; and the whole num-
ber of directors shall be nine ; and a majority of the board shall
be inhabitants of said town ; and no loan or discount shall be
made, nor shall any bill or note be issued by said corporation, or
by any person on their account, in any other place than at the said
bank.

Sect. 4. Be it further enacted^ That, whenever the Leg-
islature shall require it, the said corporation shall loan to the Com-
monwealth any sum of money which shall be required, not exceed-
ing ten per centumof the capital stock actually paid in, at any one
time, reimbursable by five annual instalments, or any shorter time,
at the election of the Commonwealth, with the annual payment
of interest, at a rate not exceeding five per centum per annum :
provided^ however, that the Commonwealth shall never stand in-
debted to said corporation, without their consent, for a larger
sum than twenty per centum of their capital then paid in.

Sect. 5. Be it further enacted , That tlie persons, hereinbe-
fore named, or any three of them, are authorized to call a meeting
of the members and stockholders of said corporation, so soon as
may be, at such time and place as they may see fit to appoint, by
advertising the same in the LowellJournal, a newspaper printed at
Lowell, for the purpose of making, ordaining and establishing such
by-laws and regulations, for the orderly conducting the affairs of
said corporation, as the stockholders shall deem necessary : pro-
vided, the same be not repugnant to the laws and constitution of
this Commonwealth, and the choice of the first board of directors,
and such other officers, as they shall see fit to choose.

Sect. 6. Be it further enacted, That the Commonwealth
shall have a right, whenever the Legislature shall make provision
therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding fifty thousand dollars, to be added to the
capital stock of said corporation, subject to such rules, regu-

1827. Chap. 126. 699

laiions and provisions, as to the management thereof, as shall be
by the Legislature made and established.

Sect. 7. Be it further enacted, That, whenever the Com- Legislature,
monwealtii shall subscribe to the capital stock of said corporation, Sufrs.°'°'
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a right, from time to time, to appoint a number of direc-
tors to said bank, in proportion as the sum paid from the treasury
of the Commonwealth shall be to the whole amount of stock ac-
tually paid into said bank, if, at any time hereafter, they shall see
fit to exercise the riglit.

Sect. 8. Be it further enacted, That the cashier, before he Cashier shall
enters upon the duties of his office, shall give bond, with sure- S'^e^ond.
ties, to the satisfaction of the board of directors, in a sum not less
than twenty thousand dollars, with conditions for the faithful dis-
charge of the duties of his office.

Sect. 9. Be it further enacted, That the said corporation, Tax.
from and after the first day of May next, shall pay, by way
of tax, to the treasurer of the Commonwealth, for the use of the
same, within ten days after the first Monday of October and
April, annually, the half of one per centum on the amount of
stock which shall have been paid in.

Sect. 10. Be it further enacted, That the said corporation Corporation!
shall be liable to pay to any bona fide holder the original amount of oHginaiTmount
any note of said bank, counterfeited or altered, in the course of of altered notes,
its circulation, to a larger amount, notwithstanding such alteration,
and shall also be liable to pay to any bona fide holder the amount
of any note of said bank, counterfeited, excepting such note is Stereotype
printed or impressed with the stereotype plate : and said corpo- ^^^*
ration shall not, at any place, directly or indirectly, purchase, re-
ceive, pay or exchange any bill or note of said bank, or any
other bank incorporated within this Commonwealth, for a less
sum than the nominal value expressed in such bill or note.

Sect. 11. Be it further enacted. That the capital stock of Stock not to be
said bank, or any part of it, shall not be sold or transferred dur- o^g ^ear!'' ^°^
ing the period of one year from the passing of this act ; and in
case the same shall not be put in operation within the year afore-
said, it shall be void.

Sect. 12. Be it further enacted, That any committee Legislative ex-
specially appointed by the Legislature, for (hat purpose, shall ammation.
have a right to examine into the doings of said corporation, and
have free access to all their books and vaults ; and if, upon
such examination, it shall be found, and after a full hearing of
said corporation thereon, be determined by the Legislature, that
the said corporation have exceeded the powers herein granted
them, or failed to comply with any of the rules, restrictions or
conditions in this act provided, this act of incorporation shall
thereupon be declared to be forfeited and void. [March 11,
1S28.] Add. acts, 1828 ch. 131: 1830 ch. .58: 1832ch. 72.

700

1827.-

■Chap. 127.

Chapm.

Persons incor-
porated.

Corporation
authorized to
build bridge,
&c.

Bridge to be
kept in good
repair.

An Act to establish the Warren Bridge Corporation.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That John Skinner, Isaac Warren, John Cofran,
Nathaniel Austin, Ebenezer Breed, Nathan Tufts, and their as-
sociates, successors and assigns, be, and they hereby are consti-
tuted a corporation, by the name of " the Proprietors of the
Warren Bridge," and by that name may sue and be sued to final
judgment and execution, and do and suffer all other matters and
things which bodies politic may or ought to suffer and do ; and
said corporation shall have full power to make and use a common
seal, and the same to break, alter and renew at pleasure.

Sect. 2. Be it further enacted, That said corporation be,
and they are hereby authorized to loCate, build and construct, or
to cause to be built and constructed, a bridge across Charles river,
from or near the wharf in Charlestown, late the property of John
Harris, Esq., deceased, to tlie newly made lands in Boston, near
the Mill creek, so called, with a good and sufficient draw, as
wide as the draw of the present Charles river bridge ; said draw
to be located by commissioners, to be appointed by the governor,
with advice of council, at the expense of said corporation ; and
shall erect a wharf or pier near said draw, on each side of said
bridge, for the accommodation of vessels passing through the same,
said draw and said wharves to be planked upon the inside from
the top of low water to the top of said draw and wharves, and also
a pier wharf not less than eight feet wide upon the top, well cov-
ered with plank, and also planked up on each side from the top
of low water to the top of said pier wharf. And said pier wharf
shall be placed in a direct line from the north side of the draw
through Charles river bridge, and within one hundred and thirty
feet from, and not nearer to, said bridge, towards the wharf to
be built on the east side of the proposed new bridge, and within
thirty feel of said wharf ; and said wharf shall be built on the
north side of the draw through said bridge ; and said bridge, to-
gether with the wharves or piers, shall be built of good and suffi-
cient materials ; the bridge to be not less than forty-four feet in
width from outside to outside, and wharves or piers not less than
one hundred feet in length, and thirty feet in width.

Sect. 3. Be it further enacted, That said corporation shall
be held liable to keep said bridge and draw in good repair, and
to raise the draw, and afford all necessary and proper accommo-
dation to vessels having occasion to pass the same, by day or by
night ; and shall keep said bridge sufficiently lighted, by lamps
on each side of the same, not exceeding seventy feet apart ; and
if any vessel shall be unreasonably delayed or hindered in passing
said draw, by the negligence of said corporation, or their agents,
in discharging the duties enjoined by this act, the owners or com-
manders of such vessels may recover reasonable damages therefor,
of said corporation, in an action on the case, before any court
proper to try the same.

Sect. 4.' Be it further enacted. That said corporation shall

1827 Chap. 127. 701

be holden to make compensation to any person, persons, or cor- Compensation
poration, whose real estate sliall be taken for the use of said [akcn^' *^*'*^^
bridge, and if there should 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 corporation will
sustain ; and upon sucli application, the court, after ten days'
notice to the adverse party to appeal-, and shew cause why such
committee should not be appointed, shall, if no good reason be
shown to the contrary, appoint three or five disinterested free-
holders within the county, who, being first sworn before some
justice of the peace, and giving due notice to the parlies to ap-
pear, if they see fit, for a hearing, shall proceed to the duties of
their appointment, and estimate the value of real estate taken as
aforesaid, and shall make return of their doings, as soon as may
be, to the said court ; and upon acceptance of said report, judg-
ment may be given thereon, with costs, to either party, according
to the discretion of the court : provided^ that, in all cases, either Proviso,
party may claim a trial by jury, as in similar cases where lands
are taken for public uses.

Sect. 5. Be it further enacted^ That either of the persons First meeting,
named in this act is authorized to call the first meeting of said
corporation, by causing notice thereof to be published in one or
more of the newspapers printed in Boston or Charlestown, at
least seven days previous to the time of holding such meeting ;
and said proprietors, by a vote of a majority of those present, or
represented by proxy, at said meeting, allowing, in all cases, one Riglu of voting
vote to each share, shall choose a clerk and treasurer, who shall
be sworn to a faithful discharge of the duties of their respective
offices ; the treasurer to give bonds of not less than ten thousand
dollars, with sufficient sureties, and said offices may be united in
one person, if the proprietors shall so elect ; and at the same, or
any subsequent meeting, said proprietors may make and establish
any by-laws, rules and regulations, not repugnant to the constitu- By-laws,
tion and laws of the Commonwealth, that shall be necessary or
convenient for regulating said corporation, and for effecting,
completing and executing the purposes aforesaid, and for collect-
ing the toll herein after granted ; and the same by-laws, rules
and regulations may cause to be kept and executed ; or for the
breach thereof may order and enjoin fines and penalties, not ex-
ceeding twenty dollars. The said proprietors may also choose
and appoint any other officer or officers of said corporation, that
may be deemed necessary ; and this act, and all by-laws and
votes of the said corporation, shall be fairly and truly recorded
by their clerk, in a book or books, for that pm-pose provided and
kept, which book or books shall be subject to the inspection of
any person or persons for that purpose appointed by the Legisla-
ture.

Sect. 6. Be it further enacted^ That, for the purpose of Toll, &c.
reimbursing the said proprietors for the money expended and to
be expended in building and supporting said bridge, the same toll

702 1827. Chap. 127—128.

be, and hereby is granted, for the benefit of said proprietors, as
was granted to the proprietors of Charles river bridge, by their
act of incorporation ; and when said proprietors shall be reim-
bursed the money by them expended, in and about the building
said bridge, and other necessary expenses, with five per cent, in-
terest thereon, then the said bridge shall revert to, and become
the property of the Commonwealth, and shall be surrendered by
said proprietors, in good repair, and the obligations herein im-
Proviso. posed on said corporation shall then cease : provided, the term

for taking toll aforesaid, by the proprietors aforesaid, shall not
exceed six years.
Proprietors to Sect. 7. Be it further etiacted, That it shall be the duty
exiiibit a state- of Said proprietors, as soon as said bridjre is completed, to make

mentofexpcn- , i r ' i -i • r i r i

ses and receipts to the governor and council an exhibit ol the cost oi tlie same,
to the governor vvhich shall uot cxceed the sum of sixty thousand dollars; and

and council, &c. , i t\ t i r ^ n i -i • r

on tne second i>ionday ot January, annually, to exhibit, as afore-
said, a statement of the profits accruing from the toll, stating
particularly the amount of money received, and the amount
expended ; the expenses in no case to exceed five thousand
dollars annually ; all said statements to be sworn to by the treasu-
rer ; and if said corporation shall not, within three years from
the passing of this act, locate, construct, build and complete said
bridge, agreeably to the provisions of this act, then this act shall
be null and void.
Proprietors siiaii Sect. 8. Be it further enacted, That at the expiration of
pay to Harvard one year from the time of opening said bridge for passensrers,

University one , •' n i r -i • i i • i in i /-?

half the sum re- and annually thereatter, until said bridge shall revert to the Com-
quirediobe monwealtli, the said proiirieiors shall pay, out of the income

paidbyC.R. B, ■ r n i ir i • i i -t

accruing trom tolls, one halt the sum now required to be paid to
Harvard College or University, annually, by the proprietors of
Charles river bridge, and the said proprietors of Charles river
bridge shall be exonerated from ))aying to said college or univer-
sity, so much as is hereby required to be paid by the proprietors
of the Warren bridge. [March 12, 1828.] Add. acts, 1832
ch. 170 : 1833 ch. 219 : 1834 ch. 131 : 1835 eh. 155. Res.
Apr. 16, 1836.

C/h(lD \^S, ^'^ ■^^'^ '" authorize the Hampshire and Hampden Canal Company to construct a
-^ * Canal from Northampton to the North Line of this Commonwealth.

is^^'^h' n Sect. 1. BE it enacted by the Senate and House of Repre-

sentatives, in General Court assembled^ and by the authority of
Corporation au- the sanic. That the Hampshire and Hampden Canal Company
thorizcd to con- niay, and the same is hereby authorized to locate, construct and

struct a canal, ^ ,/ , • i i i • i i i i i •

&c. lully complete a navigable canal, with locks, tow-paths, basins,

wharves, dams, embankments, toll-houses, and other necessary
appendages, commencing at some convenient point in the town
of Northampton, in the county of Hampshire, and so as to form
a navigable connection of the canal hereby authorized, with the
canal which said company was heretofore authorized to construct,
and thence passing in such course or courses, as may be most
convenient for said company, northerly through the towns adjoin-
ing Connecticut river, to the north line of this Commonwealth,
in the town of Northfield, in the county of Franklin, with power

1827. Chap. 128. 703

to employ and use, as reservoirs or feeders, for the purpose of
supplying with water said canal, or such works as may have any
portion of their water diverted from them, to supply said canal,
the different ponds, rivers and streams of water, near or over
which said canal may pass, except Connecticut river, and also
to save the flood, and other waters of the ponds, rivers and
streams so used as aforesaid, and to construct artificial reser-
voirs, for the purposes aforesaid ; and the said corporation shall
have power to connect with said canal, hy feeders or navigable
canals, any of said ponds, rivers, streams and reservoirs ; and
said canal, and the canal herein after provided to connect the
same with Connecticut river, shall be not less than thirty-four
feet wide at the surface of the water, twenty feet wide at the bot-
tom, and four feet deep ; and the locks on said canals shall be
of such length and width, that boats, which can conveniently
navigate Connecticut river, may float and pass on through the
same : provided^ however, that all damages which may be occa- Proviso,
sioned to any person or persons, coiporation or corporations, by
any of said canals, reservoirs or feeders, or in the construction
thereof, shall be satisfied by said corporation, in manner herein
after provided.

Sect. 2. Be it further enacted, That if, at any time after Corporation
said canal, or any of its branches or feeders, are located, any 'c"omcours*^
unforeseen obstacles, impediments, or inconveniences occur on marked out.
the route located, the said corporation shall have power to de-
viate from the course marked out, so far, and in such manner,
as may be best calculated to surmount, overcome, or avoid such
obstacles or inconveniences, said corporation satisfying all dam-
ages which may be occasioned thereby, in the manner herein
after provided. And said corporation may, from time to time,
make such alterations in the course of said canal, its branches or
feeders, as may be necessary and expedient, satisfying all dam-
ages in manner aforesaid, provided such deviations and alterations
are made within four years from the passing of this act.

Sect. 3. Be it further enacted. That said corporation n)ay Tolls, &c.
collect toll on all boats navigating said canal, and on all passen-
gers conveyed therein, and on every description of property or
thing transported on said canal, whenever, and as soon, as said
canal, or any fifteen miles thereof, is made and completed, and
the same is connected by said company, as herein before pro-
vided, with the canal heretofore authorized, and with the naviga-
tion of Connecticut river, as herein after provided, and the
waters thereof are let into said canals for use, which toll shall be
estimated for each mile's transportation on said canal, and shall
not exceed the following rates, to wit : on each boat, used prin- Rates of toll,
cipally for the transportation of property, carrying less than
twenty tons, per mile, one cent ; on each boat of the same kind,
carrying more than twenty tons, per mile, one cent five mills ;
on each boat used principally for the transportation of persons,
per mile, ten cents ; and on each passenger conveyed therein,
per mile, three mills ; on each passenger conveyed in freight

704 1827. Chap. 128.

boats, per mile, three mills ; on salt, gypsum, stone, slate, sand,
bricks, lime, copperas, iron ore, pig iron, iron castings, slaves,
heading, hoop poles and split lath, and mineral coal, per ton,
per mile, one cent ; on iron, cotton, domestic spirits, pot and
pearl ashes, flour, beef, pork, and all agricultural productions,
and all articles not enumerated, which may be carried towards
tide-water, per ton, per mile, one cent five mills ; on boards,
and all sawed stufl' reduced to inch measure, and all lath and oth-
er sawed stuff, less than one inch thick, if conveyed in boats,
per thousand feet, per mile, one cent five mills ; on the same,
if transported in rafts, per thousand feet, per mile, two cents five
mills ; on shingles, if conveyed in boats, per thousand, per mile,
three mills ; on the same, if transported in rafts, per thousand,
per mile, five mills ; on timber, square or round, if conveyed in
boats, for every hundred solid feet, per mile, one cent five mills ;
on the same, if transported in rafts, for every hundred solid feet,
per mile, two cents five mills ; on wood for fuel, if conveyed in
boats, per cord, per mile, one cent ; on the same, if in raits, per
cord, per mile, two cents ; on all articles not enumerated, per
ton, per mile, three cents ; each ton mentioned in the foregoing
rates, to be computed by weight : but the Legislature shall have
a right to alter the rates of toll, after twenty years from the pass-
ing of this act ; and when said corporation shall have been reim-
bursed all expenses for the construction of said canal, with
twelve per cent, per annum interest thereon, besides the neces-
sary expenses of keeping the same in repair, then the property
of said canal shall be vested in the Commonwealth, and be at the
disposal of the Legislature.

By-laws. Sect. 4. Be it further enacted, That said corporation shall

have the power, from time to time, to make and ordain such by-
laws, rules and regulations, as may be necessary, touching the
premises, especially to fix upon and determine the size and form
of boats, rafts, and all other vessels, which shall be used for the
purpose of navigating said canal, to determine the time and man-
ner of passing the locks, and what commodities shall not be
transported during a want of water, should such an event happen
on any portion of said canal : provided, the same be not repugnant

Proviso. to the constitution and laws of this Commonwealth : and pro-

vided further, that the Legislature of this Commonwealth may
modify or annul any such by-laws, rules and regulations ; and the
penalties provided by said by-laws, rules and regulations, may be
sued for and recovered by the treasurer of said corporation, or
by any other person by said corporation thereunto authorized, to
the use of said corporation, before any justice of the peace or
any court proper to try the same, in the county wherein said
penalty shall accrue, which penalties shall in no case exceed the
sum of ten dollars ; and said corporation shall cause all such by-
laws, to the breach of which penalties are aifixed, to be printed,
and a copy thereof to be placed in some conspicuous situation at
each toll-house, and if any person or persons shall wantonly or
maliciously mar, deface or pull down any copy so set up, said

1827. Chap. 128. 705

corporation may sue for, and recover, to their own use, of such
person or persons, before any court proper to try the same, a
sum not exceeding five dollars.

Sect. 5. Be it further enacted^ That if any person or per- Penalties for
sons shall wilfully, maliciously or wantonly, and contrary to law, malicious mju-
obstruct the water or navigation, remove, or in any way spoil,
injure or destroy said canal, or its branches, or feeders, or reser-
voirs, or any part thereof, or any thing belonging thereto, or any
material to be used in the construction thereof, he, she or they,
or any person or persons aiding, assisting or abetting such tres-
pass, shall forfeit and pay to said corporation, for every such
offence, treble such damages as shall be proved before the jus-
tice, court or jury before which the trial shall be had, to be sued
for and recovered before any justice of the peace or court pro-
per to try the same, in the county where such offence shall have
been committed, in the name of the treasurer of said corpora-
tion, or of such other officer as they shall authorize, to the use
of said corporation ; and such offender or offenders, for any
offence or offences contrary to the above provisions of this act,
shall be liable to indictment by the grand inquest of the county
wherein the offence shall have been committed, and on convic-
tion thereof, either in the supreme judicial court, or in any court
of common pleas, to be holden in said county, shall pay a fine Fine.
not exceeding five hundred dollars and not less than thirty dol-
lars, to the use of the Commonwealth, or may be imprisoned
for a term not exceeding three years, at the discretion of the
court before which the conviction may be had.

Sect. 6. Be it further enacted, That whenever said corpo- Corporation
ration shall have located said canal, or any part thereof, or the shall make re-

r J 1 I I <- I 1 I II 1 port of location,

leeders or bratiches thereto, or any oi them, they shall make re- &,c.
port of so much thereof as is located in the county of Hamp-
shire, to the court of sessions or county commissioners in said
county of Hampshire, and of so much thereof as is located in
the county of Franklin to the court of sessions or county com-
missioners in said county of Franklin, at any regular or adjourned
term of said courts respectively, wherein they shall particularly
describe the bearings of the intended route, or any section there
of, its width, including tow-paths, embankments, basins, wharves,
excavations, the reservoirs intended to be constructed or used,
and the names of the owners of the lands, as far as the
same can be ascertained, which report or reports, so made, of
the whole or any section or portion of said canal, or of any one
or more of the feeders, branches or reservoirs, shall be placed
on the files of the court, to which the same shall be returned ;
and notice shall be given thereof to the owners of the lands em-
braced therein, if known, in such manner as said court shall di-
rect, at the expense of said corporation ; and said courts shall Estimation of
thereupon, severally, each in its respective county, appoint three commfssioners.
disinterested and discreet freeholders of said county (vacancies,
if any thereafter happen, to be filled by said courts respectively)
to estimate all damages which will accrue in their respective
VOL. VI. 89

706

1827.-

■Chap. 128.

Commissioners
shall make re-
turn of their do-
ings to court of
sessions, or
county commis-
sioners.

Parties ag-
grieved may
have trial by
jury.

counties, to any person or persons, corporation or corporations,
whose lands are described or mentioned in the report or reports
ol said commissioners : provided, said canal, or any section
thereof, or any branch or feeder thereof, or basin, wharf, or
other appendage or appurtenance thereto, be constructed thereon ;
and the said commissioners, before they proceed to execute their
duties, shall be sworn to a faithful and iiTipartial discharge thereof;
and shall give public and seasonable notice in such manner as said
courts shall respectively direct, to all persons or corporations in-
terested, to file their claims, if any they have, which have not
been released to said corporation, with some one of said com-
missioners, or with the clerk of the court to which the report
shall have been made, within thirty days from the date of such
notice ; at the end of the time allowed for filing such claims
for damages, the commissioners, or a majority of them respec-
tively, shall give public notice to all parties interested, of the
time, and of the extent of the route to be by them examined,
by publishing an advertisement thereof, in three successive pa-
pers, at least, the said commissioners for the county of Hamp-
shire in a newspaper printed in said Northampton, and the said
commissioners for the county of Franklin in a newspaper printed
in Greenfield, in said county ; whereupon said commissioners, or
a majority of them, each in their respective county, shall pass
over the premises so intended to be used by said corporation for
the purposes aforesaid, and after hearing the parties in interest,
or such of them as desire to be heard, shall, according to their
best skill and judgment, estimate all such damages as they shall
think any person or persons, corporation or corporations, will
sustain by opening said canal, or any of its branches or feeders,
through his, her or their lands, in said county, or by the con-
struction of any reservoir, en)bankments, tow-paths, basins,
wharves or other appendages, or by the diversion of the water
from any of the ponds, rivers or streams in said county, over
and above the benefit and advantages which such commissioners
shall adjudge will accrue to such person or persons, corporation
or corporations, from the same ; and the said commissioners, or a
majority of them, each in their respective county, shall make re-
turn of their doings to the court of sessions, or county commis-
sioners in said county, as soon as may be, to the end that the
same may be accepted, allowed and recorded ; and the said courts
of sessions or county commissioners, respectively, shall there-
upon order the said report or reports to them respectively made,
or the substance thereof, to be published in some newspaper
printed in their respective counties, three weeks successively, at
the expense of said corporation ; and if the corporation, or any
person or persons, corporation or corporations interested, shall
be dissatisfied with the estimate of said commissioners, applica-
tion may be made, by such dissatisfied parly, to the court of ses-
sions or county commissioners within and for the county wherein
the damage complained of has been sustained, at the term there-
of next after the return and acceptance of such report, and its

1827. Chap. 128. 707

publication as aforesaid, for a jury to hear and finally determine
upon the amount of damages to be assessed in the case com-
plained of, which jury shall be summoned by the sheriff, under
the direction of the court, in manner prescribed by law in case
of complaints for damages occasioned by laying out of highways;
and the verdict of said jury shall be made returnable to the court
of common pleas, in the same manner that a verdict is made re-
turnable to said court by the law establishing county commission-
ers ; and the same proceedings shall be bad thereon as is therein
provided in relation to the verdict of a jury ; and they shall be
under oath, according to the provisions of the law in such cases ;
and if the party injured in his, her or their estate, apply for such
jury, and fail to obtain increased damages, the party so applying
for a jury, and failing as aforesaid, shall be liable for all legal
costs arising after the entering such application for a jury ; but if
such corporation shall apply for such jury, they shall, in all ca-
ses, pay the costs, whether the damages are increased or dimin-
ished ; and said court may enter judgment and issue execution
for costs accordingly : provided ahcays, that in all cases it shall Proviso,
be competent for said corporation, and any person or persons,
corporation or corporations, injured by the location of said canal,
or of any of its tributaries or appendages, to submit the ques-
tion of damages to such referees as they may agree upon, whose
award, when returned to the court of common pleas within and
for the county wherein the damage has been sustained and ac-
cepted, shall be final ; and said court may enter judgment accor-
dingly.

Sect. 7. Be it further enacted^ That if within ninety days Persons dama-
after the said corporation shall have entered upon the land of fh^e''dama°ffes^"^
any person or persons, corporation or corporations, and com- assessed wiihin
menced the process of excavation or embankment, for the pur- "'"^^^ ^^y^'

r. '^ . . , . /- • 1 , r y ""^y commence

pose of constructmg said canal, or any ol its branches, leeders, an action of
or reservoirs, it shall not pay, or cause to be paid, the dama- *^^''*'
ges, if any, so assessed, in manner aforesaid, by said commis-
sioners, or such jury, or awarded by referees as aforesaid, as
well such person or persons, corporation or corporations, on
whose land operations are so commenced, as others whose wa-
ter privileges shall be thereby injured, or may be injured by the
flowage or diversion of water, may have an action of debt
against said corporation, in any court proper to try the same,
in the county wherein such damage or injury may arise, to re-
cover such damages ; and execution, from whatever court the
same may issue, for damages assessed as aforesaid, or for costs,
shall be in the common form, mutatis mutandis, and may be
levied upon the goods, estate, or lands of said corporation, or
any member thereof; and, in case it issue from the court of ses-
sions, or county commissioners aforesaid, for costs as aforesaid,
it shall be made returnable at the term of said court then next
ensuing ; and the report of said commissioners, when accepted
and recorded, and not appealed from in manner aforesaid, or the
verdict of a jury, being returned and recorded, or the award of

708 1827 Chap. 128.

referees, being made and accepted as aforesaid, shall forever be
a bar to any action commenced for damages against said corpo-
ration, its officers or agents, on account of the injury for which
such damages were assessed or awarded, other than as is herein
provided, saving only, that where yearly damages are assessed,
the party in whose favor they are assessed or ascertained by a jury,
or awarded by referees, shall have his action of debt to recover
the same, when payable, during the continuance thereof: and
Provisos. provided, that said corporation, before entering upon the land of

any person or persons, and commencing the process of exca-
vation or embankment, for the purpose of constructing said ca-
nal, or any of its branches, feedeis, or reservoirs, shall first pay
the owner or owners thereof the damages so as aforesaid assess-
ed, awarded, or agreed upon, in all cases when by such owner
or owners thereto requested : provided, also, that whenever the
water privileges of any person or persons, corporation or corpo-
rations, or the injuries which may be sustained by the flowage or
diversion of water, are such, that the commissioners shall not be
able, before the canal is actually opened, to determine with rea-
sonable certainty, the damages which the opening the canal will
occasion, and the party injured shall request it, the said commis-
sioners shall assess the damages which such person or persons,
corporation or corporations, will sustain during a limited period,
at the expiration of which time, a new application may be made
by such person or persons, corporation or corporations, to the
court of sessions or count}' commissioners, in the county where
such damages accrue, and a new assessment of damages shall
be thereupon made, in the manner herein before provided :
provided, also, that any person or persons, corporation or
corporations, whose water privilege shall be injuriously af-
fected, or may be injured by the flowage or diversion of wa-
ter, by the construction of said canal, its branches, feed-
ers, or reservoirs, and who shall not have exhibited his, her or
their claims for damages, at the time herein before provid-
ed for the exhibition of claims for damages, may, nevertheless,
at any subsequent period make application to the court of ses-
sions or county commissioners, in the county where such dam-
ages accrue ; and, thereupon, the said commissioners shall pro-
ceed to assess the damages sustained by such person or persons,
or corporations, in manner aforesaid : provided, also, that if,
after said canal shall be located, and a report of commissioners
be made thereon in manner aforesaid, any alteration shall be
made in the course thereof, or in the course of any of its feed-
ers or branches, or if any new reservoirs, branches, or feeders,
shall be made in aid of said canal, the damages may be estimat-
ed in the same way, and the same proceedings had in manner
provided in this act.
. . Sect. 8. Be it further enacted. That the commissioners

Commission- • i i i • i i i r •

ers' fees. provided to be appointed by the courts ot sessions or county

qommissioners, shall be allowed three dollars a day, each, for

1827. Chap. 128. 709

their services, when actually employed in the execution of their
duties, as such, to be paid by the said corporation.

Srct. 9. Be it further enacted. That said corporation shall Corporation

i-ii II • I • -11 J -^u-j shall build and

build, and keep in good repau-, suitable and convenient bridges ^gep ;„ repair
o\ er said canal, in all places where said canal shall pass any ex- i^ridges over
isting highway or road, or any new one which may be hereafter '^^"'''
laid out for public use, and such other bridges over said canal,
for the accommodation of such persons or corporations as may
own lands on both sides, at such place or places, and of such
dimensions, as the court of sessions or county commissioners
for the respective counties may, on application of the parlies in-
terested, order and direct ; and shall also build toll-houses at
such places as said courts shall direct, and shall, at all times,
keep and have suitable persons to tend the same, and to tend
the locks, which shall be constructed on said canal, and on the
canal connecting the same with Connecticut River, so that the
boatmen be not unnecessarily detained on their passage.

Sect. 10. Be it further enacted, That said corporation a connecting
shall construct, and shall at all times keep in good repair, at some canal &c. shall
convenient place in said town ot INorthampton, wbere the com-
missioners aforesaid shall direct, a navigable canal and locks, and
whatever other works may be needful for connecting the naviga-
tion of said canal heretofore authorized, and of the canal hereby
granted with Connecticut River ; and said connecting canal,
locks, and other works, shall be of such dimensions, and so
constructed and maintained, that all boats, or other floats, capa-
ble of being floated on said main canals, and through the locks
connected therewith, may freely, conveniently, and without un-
necessary delay, at the pleasure of the owner or person having
charge of the same, be passed from and out of said main canals,
into said Connecticut River, and from and out of said river into
and through said main canals.

Sect. 11. Be it further enacted, That no greater rates of ToU, (fcc.
toll, in proportion to the distance passed, shall be charged or
taken by said corporation, for boats or other floats navigating
said canals, or for persons or things transported thereon, which
shall enter into, or proceed from said river at Northampton
aforesaid, than the tolls charged and bona fide taken and retained
for like boats, floats, persons, or things, which shall proceed
through the whole length of said canals, from the north to the
south line of this State.

Sect. 12. Be it further enacted, That the said corpora- Subscriptions to
tion may, and the same is hereby authorized to raise suflicient '^^P''^ ^'""^
funds for the accomplishment of the objects aforesaid ; and for
that purpose it may, as soon as it shall see fit, after the passing
this act, and from time to time thereafter, as it may become ne-
cessary, open books, at some suitable place or places, wherein
subscriptions may be entered for shares in the capital stock of said
company, each share to be of the amount of one hundred dollars,
and each subscriber to be a member of said corporation, for all

710

1827.-

-Chap. 128.

Right of voting, purposes ; and every member shall have a right to vote at all
meetings of said corporation, by himself, or proxy duly author-
ized in writing, each share entitling the owner thereof to one
vote : provided, that no stockholder shall be entitled to more
than ten votes.
Shares of deiin- Sect. J 3. Be it further enacted, That if any subscriber
sold"''' '"^^ ^^ ^'^^^' neglect to pay his subscription, or any portion thereof, for
the space of thirty days after he is required so to do, by a vote
of the corporation, the corporation, or any officer duly authori-
zed for that purpose, may make sale of such share or shares, at
public auction, to the highest bidder, and the same shall be trans-
ferred to the purchaser, by the treasurer in manner herein after
provided ; and such delinquent subscriber shall be held account-
able to the corporation for the balance, of his share or shares, in
case said share or shares shall be sold for less than the amount
which shall be due thereon, and shall be entitled to the surplus, if
any there shall be, beyond the amount of instalments, so as afore-
said due thereon. But no assessment shall ever be made, so as
to render any subscriber liable to pay more than one hundred dol-
lars for a share ; nor shall the stock or property of said corpora-
tion be liable to any species of taxation, for the term of eight
years from and after the passing this act.

Sect. 14. Be it further enacted. That any share or shares
of any member, may be transferred by deed, acknowledged and
recorded by the clerk of said corporation, in a book to be kept
for that purpose ; and the treasurer is hereby authorized to make
transfers, in like manner, of the shares of members, sold accord-
ing to the provisions of the thirteenth section of this act.

Sect. 15. Be it further enacted, That all expenses that
have been, or shall be, incurred in procuring the inspection, ex-
amination, and surveying the location of said canal, and, also, all
expenses that shall be incurred in procuring subscriptions to the
stock as aforesaid, shall be refunded to those who shall have paid
the same, out of the first instalments, and the amount thereof shall
be entered on the books of the company, and become a part of
the capital stock : provided, that nothing in this act contained
shall be construed to prevent this Commonwealth, whenever they
shall deem the public good requires it, from intersecting said
canal by any railway or other canal, at such place or places, as
may hereafter be deemed by them expedient : and provided, also,
if said corporation shall neglect or refuse, for the space of four
years after die passing this act, to make and complete said canal
hereby authorized, and said connecting canal, then this act shall
be void : audit is further provided, that said corporation shall not
take or use, for feeders, any of the waters of Connecticut river
within this Commonwealth, nor take, use, or so construct their
works, as to interfere with the dams, ponds, locks, canals, or
other works heretofore made or constructed by the company
called the Proprietors of the Upper Locks and Canals on Con-
necticut river in the county of Hampshire, nor so as in any man-

Transfer of
shares.

Expenses to be
refunded, &c.

Provisos.

1827. Chap. 128—130. 711

ner to impede the free and continued use of said dams, ponds,
locks, and canals, or of Connecticut river aforesaid.

Sect. 16. Be it further enacted, That the canal hereby Canals to be a
granted, and the canal connecting the same with Connecticut river, ^^^' "^ ^''^^'
be, and the same hereby are declared public ways for all the citi-
zens of this Commonwealth, and others, to pass and repass
thereon with their boats, and other craft, under such by-laws,
rules and regulations, as are herein before authorized to be made ;
and said company shall at all times repair and keep in sufficient
repair all their works, and any unreasonable neglect so to do,
shall subject them to be punished therefor, by indictment ; and
if any person shall be unnecessarily or unreasonably delayed, mo-
lested, injured or damnified by the wilful misconduct or negli-
gence of said company, or their agents or servants, or by any un-
reasonable neglect or delay of said company, their agents or ser-
vants, in repairing or keeping in repair, any of their works, such
person may have his remedy at law therefor against said compa-
ny. [March 12, 1828. J Add. acts, 1829 ch. 50 : 1832 ch.
47 : 1836 ch. 199.

An Act to incorporate the President, Directors and Company of the Southbridge Bank, (^hriv^ I QH

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Eben. D. Ammidown, William Foster, Moses Persons incor-
Plimpton, Holmes Ammidown, Luther Ammidown, Junior, P°'^*^ •
John Ammidown, Horace Whitaker, Samuel A. Groves, Ira
Carpenter, Frederick W. Bottom, George Sumner, Samuel
Hartwell, and William Healy, Junior, their associates, succes-
sors and assigns, shall be, and hereby are, created a corporation,
by the name of the President, Directors and Company of the
Sou.hbridge Bank, and shall so continue, until the first Monday
in October, which will be in the year of our Lord one thousand
eight hundred and thirty-one ; and the said corporation shall Powers and du-
always be subject to the rules, restrictions, limitations, tax- ''^^"
es and provisions, and be entitled to the rights, privileges and
immunities, which are contained in an act, entitled "an act isii ch. 84.
to incorporate the president, directors and company of the State
Bank," except so far as the same are modified or altered by
this act, as fully and effectually as if the several sections of said
act were herein specially recited and enacted : provided, howev- Proviso.
er, that the amount of bills issued from said bank, at any one
time, shall not exceed the amount of the capital stock actually
paid in.

Sect. 2. Be it further enacted. That the capital stock of Amount of capi-
said corporation shall consist of the sum of one hundred thousand "'''' ^^°'^^^
dollars, in gold and silver, to be, with such part as the Com-
monwealth may subscribe, in manner hereafter mentioned, di-
vided into shares of one hundred dollars each, which shall be
paid in the manner following, viz : fifty per centum thereof on
the first Monday of September next, twenty-five per centum
thereof, on or before the first Monday of December next, and
the remainder thereof, on or before the first Monday in February
next ; and no dividend shall be declared upon the capital stock

712

1827.-

-Chap. 130.

Proviso.

of said bank, until the whole of the said capital stock shall have
been paid in, conformably to the provisions of this act ; and
the stockholders, at their first meeting, shall, by a majority of
votes, determine the inode of transferring and disposing of said
stock, and the profits thereof, which, being entered in the books
of said corporation, shall be binding on the stockholders, their
successors and assigns, until they shall otherwise determine ;

Real estate. and the said corporation are hereby made capable in law to have,
hold, j)urchase, receive, possess, enjoy and retain, to them, their
successors, and assigns, lands, tenements and hereditaments, to
the amount of five thousand dollars, and no more, at any one
time, with power to bargain, sell, dispose of, and convey the same
by deed, under the seal of said corporation, and signed by the
president, or two directors, and to loan, and negotiate their
monies and effects, by discounting, on banking principles, on
such securities as they may think advisable : provided^ however^
that nothing herein contained shall restrain or prevent said corpo-
ration from taking and holding real estate in mortgage, or on
execution, to any amount, as security for, or in payment of, any
debts due to said corporation : and provided further^ that no
money shall be loaned, or discounts made, nor shall any bills, or
promissory notes, be issued from said bank, until the ca|)ital stock
subscribed and actually paid in, and existing in gold and silver, in
the vaults, shall amount to fifty thousand dollars ; nor until said
capital stock, actually in said vaults, shall have been inspected
and examined by three commissioners, to be appointed by the
governor for that purpose, whose duty it shall be, at the expense
of the corporation, to examine the monies actually existing in
said vaults, and to ascertain, by the oath of the directors of said
bank, or a majority of them, that said capital stock hath been
bona fide paid in by the stockholders of said bank, and towards
payment of their respective shares, and not for any other pur-
pose, and that it is intended therein to remain as a part of said
capital, and to return a certificate thereof to the governor ; and
no stockholder shall be allowed to borrow any money of said
bank, until he shall have paid in his full proportion of the whole
of said capital stock, as herein before jjrovided and required.

Sect. 3. Be it further enacted. That the said bank shall
be established and kept in the town of Southbridge ; and the
whole number of directors shall be nine, five of whom shall con-
stitute a quorum for transacting business ; and a majority of the
board shall be inhabitants of said town ; and no loan or discount
shall be made, nor shall any bill or note be issued by the said
corporation, or by any person on their account, in any other
place, than at the said bank.

First meeting. Sect. 4. Bc it further enacted, That the persons herein
before named, or any two of them, are authorized to call a
meeting of the members and stockholders of said corporation,
as soon as may be, at such lime and place, as they may see fit
to appoint, by advertising the same in any two newspapers printed
in the county of Worcester, for the purpose of making, ordaining,

Examination
and return of
capital stock by
commissioners.

Location of
bank, and num-
ber of directors,

&.C

1827. Chap. 130. 713

and establishing such by-laws and regulations, for the orderly-
conducting the affairs of said corporation, as the stockholders shall
deem necessary : provided^ the same be not repugnant to the con-
stitution and laws of this Commonwealth, and the choice of the
first board of directors, and such other officers as they shall see
fit to choose.

Sect. 5. Be it further enacted^ That, whenever the Legis- Loans to the
lature shall require it, said corporation shall loan to the Com- wealth.
monwealth any sum of money which may be required, not exceed-
ing ten per centum of the capital stock actually paid in at any one
time, reimbursable by five annual instalments, or any shorter time,
at the election of the Commonwealth, with the annual payment of
interest, at a rate, not exceeding five per centum per annum :
provided, hoivever, that the Commonwealth shall never stand in-
debted to said corporation without their consent, for a larger
sum than twenty per centum of their capital then paid in.

Sect. 6. Be it further enacted, That the Commonwealth Commonwealth
shall have a right, whenever the Legislature shall make provision {!SYapitd"tock.
therefor by law, to subscribe, on account of the Commonwealth,
a sum not exceeding one half of the capital stock actually paid in,
to be added to the capital stock of said corporation, subject to
such rules, regulations and provisions, as to the management
thereof, as shall be by the Legislature made and established.

Sect. 7. Be it further enacted, That, whenever the Com- Legislature
monwealth shall subscribe to the capital stock of said corporation, directors?"'
in manner herein before provided for, in addition to the directors
by law to be chosen by the stockholders, the Legislature shall
have a right, from time to time, to appoint a number of directors
to said bank, in proportion as the sum paid from the treasury of
the Cominonwealth shall be to the whole amount of stock actu-
ally paid into said bank, if, at any time hereafter, they shall see
fit to exercise that right.

Sect. 8. Be it further enacted, That the cashier, before Cashier to give
he enters upon the duties of his office, shall give bond, with
sureties to the satisfaction of the board of directors, in a sum not
less than twenty thousand dollars, with conditions for the faithful
discharge of the duties of his office.

Sect. 9. Be it further enacted. That the said corporation, Tax. i
from and after the first day of October next, shall pay, by way
of tax to the treasui^er of this Commonwealth, for the use of the
same, within ten days after the first Monday of October and
April annually, the half of one per centum on the amount of
stock which shall have been actually paid in.

Sect. 10. Be it further enacted, That the said corporation Corporation lia-
shall be liable to pay to any bona fide holder the original amount ^l\ ^momToT'
of any note of said bank counterfeited or altered in the course of aliered notes,
its circulation to a larger amount, notwithstanding such altera-
tion ; and shall be holden to pay, to any bona fide holder, the
amount of any note of said bank, counterfeited, unless all the
notes actually issued by said corporation, shall be printed or im- Stereotype
pressed with the stereotype plate : and that said corporation ^ *'^"

VOL. VI. 90

714

1827.-

■Chap. 130—131.

shall not, at any place whatever, directly or indirectly purchase,
receive, pay or exchange any bill or note of said bank, or of any
other bank incorporated within this Commonwealth, for any less
sum than the nominal value expressed in such bill or note.
Stock not to be Sect. 11. Be it further enacted, That the capital stock of
transferred for said bank shall not be sold or transferred, but be holden by the
original subscribers thereof, for and during the term of one year
from the passing of this act.

Sect. 12. Be it further enacted, That, in case this act shall
not be put into operation, according to the provisions thereof,
within one year from the time of passing the same, then it shall
become void.

Sect. 13. Be it further enacted, That any committee,
especially appointed by the Legislature, shall have a right to ex-
amine into the doings of said corporation, and shall have free
access to all their books and vaults ; and if, upon such exam-
ination, it shall be found, and, after a full hearing of said corpo-
ration thereon, be determined, by the Legislature, that said cor-
poration have exceeded the powers herein granted them, or failed
to comply with any of the rules, restrictions or conditions in this
act provided, this act of incorporation shall, thereupon, be de-
clared to be forfeited and void. [March 12, 1828.]

one year.

Condition of
this act.

Legislative ex
amination.

Chap 13\

Persons incor
poraled.

An Act to incorporate the President, Directors and Company of the Central Bank,
iu Worcester.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That William Eaton, L. AV. Stowell, Isaac Davis,
T. A. Merrick, David Stowell, Pliny Merrick, William Jenni-
son, Daniel Heywood. Gardner Paine, Samuel Allen, Jr., Levi
A. Dowley, Benjamin Buhwan, Asahel Bellows, Daniel Goddard,
Isaac Goodwin, Artemas Ward, Anthony Chase, and their asso-
ciates, successors and assigns, shall be, and hereby are created a
corporation, by the name of the President, Directors and Company
of the Central Bank, and shall so continue, until the first Monday
of October, which will be in the year of our Lord one thousand
General powers, eight hundred and thirty-one ; and by that name shall be, and
hereby are made capable in law to sue and be sued, plead and be
impleaded, defend and be defended, in any court of record, or
any other place whatever ; and also to make, have and use a
common seal, and to ordain, establish and put in execution such
by-laws, ordinances and regulations, as to them may appear ne-
cessary and convenient for the government of said corporation,
and the prudent management of their affairs : provided, such by-
laws, ordinances and regulations shall in no wise be contrary to
the constitution and laws of this Commonwealth ; and the said
corporation shall always be subject to the rules, restrictions, lim-
itations and provisions herein prescribed.

Sect. 2. Be it further enacted. That the capital stock of
said corporation shall consist of the sum of one htindred thou-
sand dollars, in gold and silver, divided into shares of one hundred
dollars each, which shall be paid in two equal instalments, the

Amount of
capital stock,
shares, &c.

1827. Chap. 131. 715

first to be paid on the first day of October next, and the second
on the first day of March next, or at such earlier time as the [Time extend-
stockholders, at any meeting thereof, may order; and the stock- ed,i828cii.67.]
holders, at their first meeting, by a majority of votes, may deter-
mine the mode of transferring and disposing of said stock, and
the profits thereof, which, being entered on the books of said
corporation, shall be binding on the stockholders, their succes-
sors and assigns, until they shall otherwise determine ; and the
said corporation are hereby made capable in law to have, hold,
purchase, receive, possess, enjoy, and retain to them, and their
successors and assigns, lands, tenements, and hereditaments, to Real esta(e.
the amount of ten thousand dollars, and no more, at any one time,
with power to bargain, sell, and dispose of the same, and to loan
and negotiate their monies and effects, by discounting on banking
principles, on such security, as they shall think advisable. Pro-
vided, however, that nothing herein contained shall restrain or Proviso.
prevent said corporation from taking and holding real estate, in
mortgage or on execution, to any amount, as security for, or in
payment of any debts due to said corporation : provided, further,
that no money shall be loaned or discounts made, nor shall any
bills or promissory notes be issued from said bank, until the
capital subscribed and actually paid in, and existing in gold and
silver in their vaults, shall amount to fifty thousand dollars, nor
until said capital stock in said vaults shall have been inspected and Examination
examined by three commissioners, to be appointed by the gov- capi^/stock!
ernor for that purpose, whose duty it shall be, at the expense of
the corporation, to examine the monies actually existing in said
vaults, and to ascertain, by the oath of the directors of said bank,
or a majority of them, that said capital stock hath been bona fide
paid in by the stockholders of said bank, and towards payment of .
their respective shares, and not for any other purpose, and that
it is intended therein to remain, as a part of said capital ; and to
return a certificate thereof to the governor ; and no stockholder
shall be allowed to borrow any money at said bank, until he shall
have paid in his full proportion of the whole of said capital stock,
as herein before provided and required.

Sect. 3. Be it further enacted, That the rules, limitations
and provisions, which are provided in and by the third section of
an act, entitled " an act to incorporate the President, Directors 1811 ch. 84.
and Company of the State Bank," shall be binding on the bank
hereby established. Provided, the bond required to be given by Bond of cashier,
the cashier shall be given in the penalty of twenty thousand dol- "o^T^&c^'^^''^^*^'
lars, that the number of directors to be annually chosen shall be
seven, and four shall constitute a quorum for the transaction of
business : and provided, also, that the amount of bills issued from
said bank, at any one time, shall not exceed the amount of the
capital stock actually paid in.

Sect. 4. Be it further enacted. That the bank shall be Location,dtc.
established and kept in the town of Worcester. A majority of
said directors shall be residents in said town, and all of them
shall be inhabitants of the county of Worcester, and no loan or

716

1827.-

■Chap. 131.

Legislative ex-
amination.

First meeting.

Corporation li-
able to pay
original amount
of altered notes.

Stereotype
plate.

Tax.

Loans to the
Common-
wealth.

Capital stock
not transferable
for one year.

discount shall be made, nor shall any bill or note be issued by
said corporation, or by any person on their account, at any other
place than at the said bank : and that said corporation shall not,
at any place whatever, directly or indirectly, purchase, receive,
pay or exchange any bill or note of said bank, or of any other
bank incorporated within this Commonwealth, for any less sum
than the nominal value expressed in such bill or note.

Sect. 6. Be it further enacted, That any committee, spe-
cially appointed by the Legislature for that purpose, shall have
a right to examine into the doings of said corporation, and shall
have free access to all their books and vaults ; and if, upon such
examination, it shall be found, and, after a full hearing of said
corporation thereon, be determined by the Legislature, that the
said corporation have exceeded the powers herein granted them,
or failed to comply with any of the rules, regulations, or con-
ditions in this act provided, this act of incorporation shall there-
upon be declared to be forfeited and void.

Sect. 6. Be it further enacted, That the persons herein
before named, or any three of them, are authorized to call a
meeting of the stockholders of said corporation, at a convenient
time and place, by advertising the same three weeks successively
in the National ^gis, a newspaper printed in Worcester, for the
purpose of making, ordaining and establishing such by-laws, or-
dinances and regulations, for the orderly conducting the affairs of
said corporation, as the stockholders shall deein necessary, and
for the choice of the first board of directors, and such other offi-
cers as they shall see fit to choose.

Sect. 7. Be it further enacted, That the said corporation
shall be liable to pay to any bona fide holder, the original amount
of any note of said bank, altered to a larger amount, in the course
of its circulation, notwithstanding such alteration, and shall also
be liable to pay, to any bona fide holder, the amount of any note
counterfeited, excepting all their notes are printed or impressed
with the stereotype plate.

Sect. 8. Be it further enacted, That the said corporation,
from and after the first day of October next, shall pay, by way
of tax, to the treasurer of this Commonweahh, for the use of the
same, within ten days after the first Monday of October and
April annually, the half of one per centum on the amount of stock
which shall have actually been paid in.

Sect. 9. Be it further enacted, That, whenever the Legis-
lature shall require it, the said corporation shall loan to the Com-
monwealth any sum of money which may be required, not
exceeding twenty per centum of the capital stock actually paid
in, reimbursable by five annual instalments, or at any shorter peri-
od, at the election of the Commonwealth, with the annual pay-
ment of interest, at a rate not exceeding five per centum per
annum.

Sect. 10. Beit further enacted, That the capital stock
of said bank shall not be sold or transferred, but be holden by
the original subscribers thereto, for and during the term of one

1827. Chap. 131—132. 717

year from the time of passing this act ; and in case the same shall
not be put in operation, according to the provisions thereof, with-
in the year aforesaid, it shall be void.

Sect. 11. Be it further enacted^ That no dividends of pro- Dividends,
fits shall be declared or paid on the capital stock of said bank,
until the whole of said stock shall have been paid in conforma-
bly to the provisions of this act. [March 12, 1828.] Add.
acts, 1828 ch. 67 : 1830 ch. 58.

An Act to establish the Marine Elevating Dock Corporation. K^lldp 1 oZ.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That William Tileston, of the city of Boston in the persons incor-
county of Suffolk, Robert Gerry, of Stoneham, in the county of porated.
Middlesex, Henry Crehore, Ephraim Buck, and William Bar-
rett, all of Maiden, in said i^ounty of Middlesex, and Jonas B.
Brown, of the said city of Boston, and such other persons as
have associated, and may hereafter associate themselves with
them, be, and they hereby are, made a body politic and corpo-
rate, by the name of the Marine Elevating Dock Corporation,
for the purpose of making and supporting marine elevating docks,
and, by that name, they and their successors may sue and be Powers and du-
sued, and generally do and execute whatever by law shall apper- ties.
tain to bodies politic and corporate, and shall be capable in law,
to take and hold, in fee simple or otherwise, any lands, tene- Real and per-
ments, or hereditaments, not exceeding in the whole, the value ^°"^' estate.
of twenty-five thousand dollars ; and shall also be capable in law,
to take and hold personal estate, not exceeding in the whole, the
sum of fifty thousand dollars ; and shall also have power to sell,
demise, exchange and otherwise dispose of, or manage, all or
any part of their lands, tenements, hereditaments, and personal
estate aforesaid, for the benefit of the said corporation, and shall
also have a common seal, which they may break, alter, and re-
new at their pleasure, and shall also have power to make by-
laws, with suitable penalties, and not repugnant to the laws of
this Commonwealth, and shall be subject to all the duties and
requirements, contained in an act, entitled " an act defining the isosch. 65.
general powers and duties of manufacturing corporations," and
in the several acts in addition thereto.

Sect. 2. Be it further enacted, That the whole property of Property to be
said corporation shall be divided into twelve shares, not exceed- gi'^rls!^ '""'
ing the value of six thousand two hundred and fifty dollars each, [Number of
and said shares shall be considered in all respects as personal ed^7828"ch!ii'.]
estate : and the said corporation shall have power from time to
time, to assess, upon each of said shares, such sums of money
as may be deemed necessary for the purposes of said corpora-
tion ; and for the payment of any such assessment, the said cor- sale of delin-
poration shall have power after notice given pursuant to their by- quents' shares,
laws in that behalf, to sell and dispose of the shares of delin-
quent proprietors, at such time and manner as the said cor-
poration may determine ; and in case of any sale of such shares

718

1827.-

■Chap. 132—134.

First meetinsf.

Legislative con-
trol!

Chajj \3S.

Chap \ 34..

Persons incor-
porated.

Powers and du-
ties.

1808 cb. 65.

Real and per-
sonal estate.

aforesaid, a deed or deeds duly executed and acknowledged by
the president of said corporation, or by any person authorized
by said corporation, and recorded in their records, shall be
as effectual to convey such delinquent proprietor's estate and
interest in such shares, as if such deed had been made and
executed by such proprietor himself.

Sect. 3. Be it further enacled, That the first meeting of
said corporation shall be called either by personal notice to each
of the proprietors, or by advertisement in two or more of the
public newspapers printed in Boston, such notice or advertise-
ment to be at least seven days before the day of such meeting,
and that at the said first meeting, or any other legal meeting, the
said corporation tnay agree on the mode of calling and warning
their annual and other meetings, and may elect a president and
such other officers as they may judge proper for the orderly
conducting of their affairs, and the management of their property,
and may change or remove such officers at pleasure ; and at all
meetings each proprietor present shall be entitled to one vote for
each of his shares, and any absent proprietor shall be entitled to
vote in like manner by proxy authorized in writing.

Sect. 4. Be it further enacted, That this act shall be sub-
ject to revision or repeal at the will of the Legislature. .[Jl/arc/i
12, 1828.] Add. act, 1828 ch. 11.

An Act in favor of the Fire Engine belonging to the Bemis Manufacturing Company
in Walertown.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That, from and after the passage of this act, the selectmen of
the town of Newton shall have power to appoint one half of the
enginemen to an engine belonging to the Bemis Manufacturing
Company, located in Watertown, near the boundary line of said
towns. [March 12, 1828.]

An Act to establish the Kingston Manufacturing Company.

Sect. 1. BE it enacted by the Se7iate and House of Rep-
resentatives, in General Court assembled, and by the authori-
ty of the same. That Richard F. Johnson, Abisha Stetson and
Nathan Lazell, Jun., and such other persons as now are, or may
be hereafter associated with them, their successors and assigns,
be, and they hereby are made a corporation, by the name of the
Kingston Manufacturing Company, for the purpose of manufac-
turing cotton in the town of Kingston, in the county of Plymouth ;
and for this purpose shall have all the powers and privileges, and
be subject to all the duties and requirements, contained in an act
passed on the third day of March, in the year of om" Lord one
thousand eight hundred and nine, entitled "an act defining the
general powers and duties of manufacturing corporations," and
the several acts in addition thereto.

Sect. 2. Be it further enacted, That said corporation may
be lawfully seized and possessed of such real estate, not exceed-
ing the value of thirty thousand dollars, and such personal estate,

1828. Chap. 3-^5. 719

not exceeding fifty thousand dollars, as may be necessary and
convenient for carrying on the manufactory of cotton. [March
12, 1828.]

An Act in addition to "An Act to incorporate the Middlesex 3Iutual Fire Insurance r^hnn- 1 QC
Company." lyftUp lOO,

BE it enacted by the Senate and House of Representatives, I825ch. iii.
in General Court assembled, and by the authority of the same,
That the Middlesex Mutual Fire Insurance Company shall have
power to insure all kinds of personal property in the same way
and manner as the said corporation is empowered to insure the
kinds of property in said act mentioned. [March 13, 1828.]
Add. act, 183.3 ch. 72.

An Act in addition to an Act, entitled "An Act in addition to an Act, entitled, an /"'^^y^ O
Act to incorporate the Proprietors of the Branch Church in Salem, in the county of ^"w/7. O,
Essex." ^ 1804 ch. 119.

BE it enacted by the Senate and House of Representatives, (^- 3- p- ^ss.)
in General Court assembled, and by the authority of the same,
That the corporation, now known and called by the name of the Name altered.
" First Presbyterian Church in Salem," shall, from and after
the passing of this act, be known and called by the name of
The Howard Street Church, any thing in the act or acts to
which this act is in addition to the contrary notwithstanding.
[June 11, 1828.]

An Act to incorporate the Chelmsford Glass Company. f^hnn A

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William Adams, Daniel Richardson, Cyrus persons incor-
Baldwin, Samuel F. Wood and Jesse Smith, together with such porated.
as have or may hereafter associate with them, their successors
and assigns, be, and they hereby are made a corporation, by the
name of the Chelmsford Glass Company, for the purpose of
manufacturing glass in said Chelmsford; and, for that purpose. Powers and du-
shall have all the powers and privileges, and be subject to all the ties.
duties and requirements, contained in an act entitled "an act isoB ch. 65.
defining the general powers and duties of manufacturing corpora-
tions," passed on the third day of March, in the year of our
Lord one thousand eight hundred and nine, and the several acts
in addition thereto.

Sect. 2. Be it further enacted. That the said corporation Real and per-
may lawfully hold and possess such real estate, not exceeding the *°"^' ^^'*'^'
value of thirty thousand dollars, and such personal estate, not ex-
ceeding fifty thousand dollars, as may be convenient and neces-
sary for carrying on the manufacture aforesaid. [June 1 1, 1828.]

An Act in further addition to an Act, entitled "An Act to incorporate the JMerrimack r'hri'n o
Manufacturing Company." K^IIUJJ. U.

BE it enacted by the Senate and House of Representatives, in |g|^ f^' '^'
General Court assembled, and by the authority of the same,
That the Merrimack Manufacturing Company may hold personal May hold addi-
property, not exceeding the value of three hundred thousand dol- p"" ^5^^"^^°"^'
lars, in addition to the sum it is now authorized by law to hold.
[June 11, 1828.]

720

1828.-

■Chap. 6—8.

Chap. 6.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

An Act to incorporate the Swanzey Paper Company.

Sect. 1. BK it enacted by the Senate and House of Repre-
sentatives, in General Court assembled^ and by the authority of
the same, That Joseph Hooper, Jr., William Mitchell, Daniel
Mitchell, and George Howard, together with such other persons
as are or may become associates with them, their successors and
assigns, be, and they hereby are made a corporation, by the name
of the Swanzey Paper Company, for the purpose of Manufac-
turing pap(3r in the town of Swanzey, in the county of Bristol,
and, for that purpose, shall have all the powers and privileges,
and^be subject to all the duties and requirements, contained in an
act, passed on the third day of March, in the year of our Lord
one thousand eight hundred and nine, entided " an act defining
the general j)ovvers and duties of manufacturing corporations,"
and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation
may hold and possess such real estate, not exceeding in value the
sum of twenty-five thousand dollars, and such personal estate, not
exceeding twenty-five thousand dollars, as may be found neces-
sary and convenient for carrying on the manufacture of paper in
the town of Swanzey, in the county of Bristol. [June 1 1 , 1828.]

An Act in addition to an Act, entitled "An Act to incorporate the President, Direct-
ors and Company of the Springfield Bank."

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same. That the President, Directors and Company of the
Springfield Bank, be, and they hereby are, authorized and era-
powered to increase their present capital stock, by an addition of
one hundred thousand dollars thereto, to be divided into shares
equal in amount to the present shares in the capital stock of said
bank, which shall be paid in, in such instalments, and at such times,
as the president and directors of said bank may direct and deter-
mine : provided, however, that the whole amount shall be paid in
within one year from the passing of this act.

Sect. 2. Be it further enacted, That the additional stock
aforesaid shall be subject to the like tax, regulations, restrictions
and provisions as the present capital stock of said corporation is
now liable to by virtue of the act to v/hich this is in addition.

Sect. 3. Be it further enacted, That before the said corpo-
ration shall proceed to do business upon the said additional capi-
tal, a certificate, signed by the president and directors, and at-
tested by the cashier, that the same has been actually paid into
said bank, shall be filed in the office of the secretary of this Com-
monwealth. [June 11, 1828.] Add. acts, 1830 ch. 5S : 1836
ch. 194.

y-t» o An Act in addition to an Act to incorporate the Proprietors of the Boston Theatre.

h 30 * Sect. 1. BE it enacted by the Senate and Hou^e of Repre-

sentatives, in General Court assembled, and by the authority of
the same, That the said proprietors may divide their corporate

Chap. 7.

1813 ch. 90.

1814 ch. 1,60.

1815 ch. 110.
1817 ch. 54, 115.

Increase of
capital stock.

Proviso.

Additional
stock subject to
tax, <Sic.

Certificate to be
filed in secreta-
ry's office.

1828. Chap. 8—10. 721

property into as many shares of equal value, of not less than one Siiares.
hundred dollars each par value, as they may deem expechcnt.

Sect. 2. Be it further enacted, That the second proviso Proviso re-
in the sixth section of the act to which this is in additioti, be, and ^^^° '
the same hereby is repealed. [June 11, 1828.]

An Act lo incorporate the Ipswich Manufacturing Company. Cyflttp, 9.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Augustine Heard, Joseph Farley, and George Persons incor-
W. Heard, with their associates, successors and assigns, be, and P°''^ "^
they hereby are made a corporation, by the name of tlie Ipswich
Manufacturing Company, for the purpose of manufacturing cotton
and woollen goods, in the town of Ipswich, in the county of Es-
sex, and, for this purpose, shall have all the powers and privi- Powers and
leges, and be subject to all the duties and requirements, contained "''®'*"
in an act, passed on the third day of March, in the year of our
Lord one thousand eight hundred and nine, entitled " an act de- isosch. 65.
fining the general powers and duties of manufacturing corpora-
tions," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may hold and possess such real estate, not exceeding in value ^°°^' estate,
the sum of fifty thousand dollars, and such personal estate, not
exceeding in value the sum of one hundred thousand dollars, as
may be necessary and convenient for the purposes aforesaid.

Sect. 3. Be it further enacted, That any one of the persons First meeting,
named in this act be, and he is hereby authorized to appoint the
time and place for holding the first meeting of said corporation,
giving seven days notice thereof to the others, either by personal
notice, or otherwise. [June 11, 1828.]

An Act to incorporate the Plymouth Institution for Saving-s. ChWD 10

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Barnabas Hedge, Natlianiel Russell, Zabdiel Persons incor-
Sampson, N. M. Davis, Zacheus Bartlett, Ezra Finney, John '^°'^'^'^-
Thomas, Isaac L. Hedge, Jacob Covington, William Thomas,
John S. Hayward, P. W. Warren, R. E. Cotton, J. H. Loud,
and Thomas Hedge, be, and they hereby are constituted a cor-
poration, by the name of the Plymouth Institution for Savings,
and that they, and such others as shall be duly elected members
of said corporation, as in this act is provided, shall be and remain
a body politic and corporate, by the same name, for the term of
twenty years.

Sect. 2. Be it further enacted, That the said corporation Corporation
shall be capable of receiving, from any person or persons, dis- d'ep^osTts.^"'^
posed to obtain and enjoy the advantages of said institution, any
deposit or deposits of money, and to use and improve the same,
for the purposes, and according to the directions, herein men-
tioned and provided.

Sect. 3. Be it further enacted, That all deposits of money Deposits to be
received by the said institution shall be used and improved to the ''»P'"oved—

VOL. VI. 91

722

1828.-

■Chap. 10—11.

income to be
divided among
depositors.

Election of
members.

General powers.

Annual meet-
ing-, and choice
of officers.

By-laws.

First meetins

Legislative
examination and
control.

Chap. 11.

1827 ch. 132.

Estate.

best advantage, and tlie income or profit thereof shall be by them
applied and divided among the persons making the said deposits,
their executors, administrators and assigns, in just proportion,
with reasonable deductions, and the principal of such deposits
may be withdrawn at such times, and in such manner, as the said
institution shall direct and appoint.

Sect. 4. Be it further enacted^ That the said corporation
shall, at their annual meeting in July, have power to elect, by
ballot, any other person or persons, as members of the said insti-
tution.

Sect. 5. Be it further enacted^ That the said corporation
may have a common seal, which they may change and renew at
pleasure, and that all deeds, conveyances and grants, covenants
and agreements made by their treasurer, or any other person by
their authority and direction, shall be good and valid ; and the
said corporation shall at all times have power to sue, and may be
sued, and may defend, and shall be held to answer, by the name
aforesaid.

Sect. 6. Be it further enacted^ That the said corporation
shall hereafter meet at Plymouth, in the month of July annually,
and as much oftener as they may judge expedient, and any seven
members of the said corporation, at their meetings in July annu-
ally, shall have power to elect and choose a president, and all
other such officers as to them shall appear necessary, which offi-
cers, so chosen, shall be sworn to the faithful performance of
the duties of their offices respectively.

Sect. 7. Be it further enacted^ That the said corporation
hereby are vested with the power of making laws for the more
orderly managing the business of the corporation : provided, the
same are not repugnant to the constitution or laws of this Com-
monwealth.

Sect. 8. Be it further enacted, That Nathaniel Russell be,
and he is hereby authorized, by public notification in the Ply-
mouth newspaper, to call the first meeting of the said institution,
at such time and place as he shall judge proper.

Sect. 9. Be it further enacted, That the officers and agents
of the said institution shall lay a statement of the affairs thereof
before any persons appointed by the Legislature to examine the
same, whenever required so to do, and shall exhibit to them all
the books and papers relating thereto, and shall submit to be ex-
amined by them concerning the same under oath ; and the Legis-
lature may, at any time, make such further regulations for the
government of said institution as they may deem expedient, and
may alter, amend or repeal this act at pleasure. [June 1 1 , 1828.]

An Act in addition to an Act, entitled "An Act to establish the Marine Elevating-
Dock Corporation."

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That the act, to which this act is in addition, be so far
altered, that the amount of personal estate, which said corporation
may take and hold, shall not exceed the sum of fifty thousand six

1828. Chap. 11—14. 723

hundred dollars, and that the whole property of said corporation
shall not exceed the sum of seventy-five thousand, six hundred
dollars, which they may take and hold by virtue of the said act.

Sect. 2. Be it further enacted, That the whole property shares.
which said corporation may take and hold, as is in this act pro-
vided, shall be divided into one hundred and forty-four shares,
not exceeding the value of five hundred and twenty-five dollars
each, instead of the number and value of shares in the act to es-
tablish the said corporation fixed and provided. [June 11, 1828.]

An Act to incorporate the Boston Water Power Cordage Manufactory. f^hnti 1 *?

Sect. I. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Henry Chapman, Isaac P. Davis, Henry Persons incor-
Wainwright, Henry G. Chapman, together with such others as pora'^d.
may hereafter associate with them, and their successors, be, and
they are hereby made a corporation, by the name of the Boston
Water Power Cordage Manufactory, for the purpose of manu-
facturing cordage in the city of Boston, or in the town of Brook-
line ; and for that purpose shall have all the powers and privi- Powers and
leges, and shall also be subject to all the duties and requirements <i""es.
prescribed and contained in an act, passed the third day of March,
in the year of our Lord one thousand eight hundred and nine, en-
titled "an act defining the general powers and duties of manufac- isosch. 65.
luring corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may be lawfully seized and possessed of such real estate, not ex- ^°°^' estate,
ceeding the value of eighty thousand dollars, and such personal
estate, not exceeding the value of one hundred thousand dollars,
as may be necessary and convenient for carrying on the manufac-
ture of cordage.

Sect. 3. Be it further enacted, That either of said peti- First meeting,
tioners be, and he hereby is, authorized to give notice of the
time and place of holding the first meeting of said corporation, by
giving personal notice or otherwise, at least five days before such
meeting. [June 11, 1828.]

An Act to incorporate the Mumford River Association. r^hnn I A

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John Capren, Robert Rogerson, Paul Whit- Persons incor-
tin, Jr., Effingham L. Capren, and William L. Capren, their as- porated.
sociates, successors and assigns, be, and they are hereby made
a corporation, by the name of the Mumford River Association,
for the purpose of manufacturing cotton and wool in Sutton, in
the county of Worcester, and for such purpose, shall have all
the powers and privileges, and be subject to all the duties and Powers and du-
requirements contained in an act, passed on the third day of ''6^-
March, in the year of our Lord one thousand eight hundred and
nine, entided " an act defining the general powers and duties of 1808 ch. 63.
manufacturing corporations," and the several acts in addition
thereto.

724 1828. Chap. 14—19.

Real and per- Sect. 2. Be it further enacted, That the said corporation
sona estate. ,^gy ^^ lawfully seized and possessed of such real estate, not
exceeding the value of fifty thousand dollars, and such personal
estate, not exceeding the sum of one hundred thousand dollars, as
may be necessary and convenient for carrying on the manufac-
ture aforesaid, to be appropriated in any manner incident to such
manufactures.
First meeting. Sect. 3. Be it further enacted, That any one of the per-
sons mentioned in this act be, and is hereby authorized to ap-
point the time and place for holding the first meeting of said
corporation, and to notify them thereof, either by personal no-
tice, or otherwise. [June 11, 1828.]

C^hnn 1 ^ ^^ ^^^ '" addiiion to an Act. enlitled " An Act lo incorporate the President, Direc-
K^nujj. 1 kJ. ^^^^ gj^^, Company of the Brighton Bank."

1827 ch. 110. ]^]^ ii enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same.
That so much of the act to which this is in addition, as requires
that fifty per centum of the capital stock of said corporation shall
be paid in, on or before the first day of June instant, be, and

Repeal, &c. the same hereby is repealed, and that the payment of tiie said fifty
per centum of said capital stock may be made at any time on or
before the first day of September next. [June 11, 1828.]
Add. acts, 1829 ch. 105 : 1833 ch. 174 : 1834 ch. 88.

ChctT), 1 6. '^" '"^^^ *° establish the Lead Pipe Manufacturing Company.

Sect. 1. BE it enacted by the Seriate and House of Repre-
sentatives, in General Court assembled, and by the authority of
^orai'e"d '"*^°'^" ^^^ sanic. That David Loring, Samuel Burr, Lincoln Fearing
and Moses Prichard, and such other persons as may hereafter
Powers and be associated with them, their successors and assigns, be, and
duties. they hereby are, made a corporation, by the name of the Lead

Pipe Manufacturing Company, for the purpose of manufacturing
sheet-lead, and lead pipe, in the town of Concord, and for this
purpose shall have all the powers and privileges, and be subject
to all the duties and requirements contained in an act passed on
the third day of March in the year of our Lord one thousand
1808 ch. 65. eight bundled and nine, entitled " an act defining the general
powers and duties of manufacturing corporations," and the seve-
ral acts in addition thereto.
Real and per- Sect. 2. Be it further enacted, That said corporation may

sonal estate. }^g lawfully seized and possessed of such real estate, not ex-
ceeding the value of twenty thousand dollars, and such personal
estate, not exceeding fifty tliousand dollars, as may be necessary
and convenient for carrying on the manufactory of sheet-lead
and lead pipe. [June 11, 1828.]

/^L 10 An Act to incorporate the President. Directors and Company of the Nashua River

Cfiap. ly. Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the samc. That Oliver Fox, Ivers Jewett, A. J. Town, Eben-
porated. e2er Torrey, Samuel Willis, Benjamin Snow, Abel Fox, Jonas

Marshall, Levi Farwell, Isaac Morse, Zachariah Sheldon, P.
S. Snovvj and Francis Perkins, with their associates, successors

1828. Chap. 19. 725

and assigns, be, and hereby are, created a corporation, by the
name of the President, Directors and Company of the Nashua
River Bank, and shall so continue until the first Monday of Oc-
tober, in the year of our Lord one thousand eight hundred and thir-
ty-one ; and the said corporation shall always be subject to the
rules, restrictions, limitations, provisions and taxes, and be en- powers ami
titled to the same rights, privileges, and immunities, as are con- duties.
tained in an act, entitled " an act to incorporate the piesident, di- isn d,. 84.
rectors and company of the State Bank," except in so far as
the same are modified or altered by this act, as fully and effec-
tually as if the several sections of the said act were herein spe-
cially recited and enacted : provided, however, that the amount proviso,
of bills issued from the said bank shall not, at any one time, ex-
ceed the amount of the capital stock actually paid in : and pro- Number of di-
vided, further, that the number of directors, to be annually rectors, &c.
chosen, shall be nine, and who shall be inhabitants of, and resi-
dents within the county of Worcester, and shall be accountable
for the doings of the whole board, any five of whom may consti-
tute a quorum for the transaction of business.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
the said corporation shall consist of the sum of one hundred '*''^'^*' •^*^-
thousand dollars, in gold and silver, to be, besides such part as
this Commonwealth may subscribe in the manner herein after
mentioned, divided into shares of one hundred dollars each,
which shall be ]}aid in the manner following, that is to say, one
half part thereof on or before the first day of December next,
and one fourth part thereof on or before the first day of March
next, one fourth part thereof on or before the first day of June
next thereafter ; and no stockholder shall be allowed to borrow
any money at said bank until he shall have paid in his full pro-
portion of the whole of said capital stock of one hundred thou-
sand dollars ; and no dividend shall be declared on the capital
stock of said bank until the whole of said stock shall have been
paid in conformably to the provisions of this act ; and the stock-
holders, at their first meeting, shall, by a majority of votes, de-
termine the mode of transferring and disposing of said stock and
the profits thereof, which, being entered on the books of the
corporation, shall be binding on the stockholders, their succes-
sors and assigns, until they shall otherwise determine ; and the
said corporation are hereby made capable in law to have, hold, Real estate.
purchase, receive, possess, enjoy and retain to them, their suc-
cessors and assigns, lands, tenements and hereditaments, to the
amount of five thousand dollars, and no more, at any one time,
with power to bargain, sell, dispose and convey the same by
deed, under the seal of the said corporation, and signed by the
president or two of the directors, and to loan and negotiate their
monies and effects, by discounting on banking principles, on such
security as they may think advisable : provided, however, that Proviso,
nothing herein contained shall restrain or prevent the said corpo-
ration from taking and holding real estate in mortgage or on exe-
cution, to any amount, as security for, or in payment of any
debt due to the said corporation : and provided, further, that no

726

1828.-

■Chap. 19.

Examination
and return -of
capital stock.

Loans to the
Common-
wealth.

First meetinfi

Cashier lo give
bond.

Common-
wealth may sub-
scribe to capital
stocii.

Legislature
may appoint di-
rectors.

monies shall be loaned or discounts nnade, nor shall any bills or
promissory notes be issued from said bank, until the ca])ital sub-
scribed and actually paid in, and existing in gold and silver in
their vaults, shall amount to fifty thousand dollars, nor until the
said capital stock actually in said vaults shall have been inspected
and examined by three commissioners, to be appointed by the
governor for that purpose, whose duty it shall be, at the expense
of the said corporation, to examine the monies actually existing
in said vaults, and to ascertain, by the oath of the directors of said
bank, or a majority of them, that the said capital stock hath been
honajide paid in by the stockholders of said bank, and towards
payment of their respective shares, and not for any other pur-
pose ; and that it is intended therein to remain as part of the said
capital stock, and to return a certificate thereof to the governor.

Sect, 3. Be it further enacted, That whenever the Legis-
lature do require it, the said corporation shall loan to the Com-
monwealth any sum of money which may be required, not ex-
ceeding ten per centum of the stock actually paid in, at any one
time, reimbursable by five annual instalments, or at any shorter
period, at the election of the Commonwealth, with the annual
payment of interest, at a rate not exceeding five per centum per
annum : provided, however, that the Commonwealth shall never
stand indebted to the said corporation, without their consent, for
a larger sum than twenty per centum of their capital then paid in.

Sect. 4. Be it further enacted. That the persons herein be-
fore named, or any three of them, are hereby empowered to call
a meeting of the members and stockholders of said corporation,
as soon as may be, at such time and place as they may see fit to
appoint, by advertising the same, three weeks successively, in
any two newspapers printed in the county of Worcester, for the
purpose of making and ordaining such by-laws and regulations,
not repugnant to the constitution and laws of this Commonwealth,
for the orderly conducting the afiairs of the said corporation, as
the stockholders may deem necessary, and for the choice of the
first board of directors, and such other officers as they may see
fit to choose and appoint. And the cashier, before he enters
upon the duties of his office, shall give bond, with sureties to
the satisfaction of the board of directors, in a sum not less than
twenty thousand dollars, with condition for the faithful discharge
of the duties of his office.

Sect. 5. Be it further enacted. That the Commonwealth
shall have a right, whenever the Legislature shall make a provis-
ion therefor by law, to subscribe, on account of the Common-
wealth, a sum not exceeding fifty thousand dollars, to be added
to the capital stock of said corporation, subject to such rules,
regulations and provisions, as to the management thereof, as shall
be by the Legislature made and established.

Sect. 6. Be it further enacted, That whenever the Com-
monwealth shall subscribe to the capital stock of the corpora-
tion, in manner herein before provided for, in addition to the di-
rectors by law to be chosen by the stockholders, the Legislature
shall have a right, from time to time, to appoint a number of di-

1828. Chap. 19—20. 727

rectors to said bank, in proportion as the sum paid from the
treasury of the CommonweaUh shall bear to the whole amount
of stock actually paid into said bank, if at any lime hereafter
they shall see fit to exercise that right.

Sect. 7. Be it further enacted, That the said corporation Corporation lia-
shall be liable to pay any bona fide holder, the original amount of hie to pay origi-

f . , \ •' , •' /■ • 1 I 1 • .1 ^ nal amount of

any note of said bank, counterfeited or altered, m tlie course of altered notes,
its circulation, to a larger amount, notwithstanding such alteration,
and shall also be liable to pay any bona fide holder, the amount
of any note of said bank counterfeited, unless all the notes actu-
ally issued by said corporation shall be printed or impressed with Stereotype
the stereotype plate. '^^^^'

Sect. 8. Be it further enacted, That the said corporation, Tax.
from and after the first day of December next, shall pay, by way
of tax, to tlie treasurer of the Commonwealth, for the use thereof,
within ten days after the first Monday of April and October an-
nually, the half of one per centum on the amount of stock which
shall have been actually paid in.

Sect. 9. Be it further enacted, That the capital stock of J^^'/ransSi
said bank shall not be sold or transferred, but shall be holden by for one year,
the original subscribers thereto, for and during the period of one
year from the passing of this act, and in case the said bank shall
not be put into operation, according to the provisions thereof,
within the year aforesaid, then this act shall be void.

Sect. 10. Be it further enacted. That the said bank shall Location, &c.
be established and kept in the town Fitchburg ; and no loan or
discount shall be made, nor shall any bill or note be issued by
said corporation, or by any person on their account, in any other
place than at the bank aforesaid : and said corporation shall not,
at any place, directly or indirectly, purchase, receive, pay, or
exchange any bill or note of said bank, or of any other bank
incorporated within this Commonwealth, for any less sum than
the nominal value expressed in such bill or note.

Sect. U. Be it further enacted, That any committee, Legislative ex-
specially appointed by the Legislature for that purpose, shall ^™"^'°"-
have a right to examine into the doings of said corporation, and
have free access to all their books and vaults, and if, upon such
examination, it shall be found, and, after a full hearing of said
corporation thereon, be determined by the Legislature, that said
corporation have exceeded the powers herein granted them, or
failed to comply with any of the rules, restrictions or conditions
in this act provided, this act of incorporation shall thereupon be
declared to be forfeited and void. [June 11, 1828.]

An Act in addition to an Act entitled " An Act to incorporate the President, Direc- (JJldT), 20.
tors and Company of the North Bank." -*

Sect. 1. BE it enacted by the Senate and House of Rep- 1823 di. 55.
resentatives, in General Court assembled, and by the authority of
the same. That the President, Directors and Company of the increase of cap-
North Bank, be, and hereby are authorized to increase their ''^' *'°'='^-
present capital stock by an addition thereto of two hundred and
fifty thousand dollars, in shares of one hundred dollars each,

728 1828. Chap. 20—23.

which shall be paid, in such instalments and at such times, as the
Proviso. directors of said bank may direct and determine : provided, nev-

ertheless, that the whole amount of said additional capital shall be
paid into said bank within one year after the passing this act :
Ceri'ificaie to he and provided, further, that before the said corporation shall
ry^^offic^e"^*^^' P''oceed to do business upon any part of said additional capital, a
certificate, signed by the said president and directors, and veri-
fied by the oath of the cashier that such part thereof has actually
been paid into said bank, shall be filed in the oflice of the secre-
tary of this Commonwealth.
Adciiiionai stock Sect. 2. Be it further enacted, That the additional stock
subject to lax, aforesaid shall be subject to the same taxes, regulations, restric-
tions and provisions as the present capital slock of said corpora-
tion is now liable to, by virtue of the act to which this is an
addition. [June II, 1828.] Add. act, 1830 ch. 58.

f^hnn *? 1 ^'^ Act in addition to an Act entitled "An Act to incor|)orate the President, Direc-
K^najJ. ^ 1 . jQ^j, gjj^j Company of the Merchants' Bank."

]827 ch. 62. g^ ii enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
That so much of the act to which this is in addition as requires that
fifty per centum of the capital stock of said corporation shall be
paid in, on or before the first day of July next, be and the same
hereby is repealed ; and that the payment of the said fifty per
centum of said capital stock may be made at any time on or be-
fore the first day of September next. [June II, 1828.]

ChciT), 22. ■'^" ^""^ '" addition to an Act entitled " An Act to incorporate the President, Direc-
*' * tors and Company of the India Bank."

1827 cii. 121. ^^ j-^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same.
That so much of the act to which this is in addition, as requires
that one fourth })art of the capital stock of said corporation shall
be paid in, on or before the first day of June, one thousand eight
hundred and twenty-eight, be, and the same hereby is repealed ;
and that the payment of the said one fourth part of said capital
stock may be made at any time on or before the first day of
September next. [June 11, 1828.]

C^hnn 23 ^" ^'^^ ''° incorporate the First Ciiristian Union Society in Salem.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of

Persons inc or- tlic sumc, That Joseph Sibley, John 3Iasury, Jonathan C.

porated. Taylor, Michael Shepherd, Samuel Randall,' Judah Dodge,

Thomas F. Beckford, Seth Rogers, ,Tohn Fausell, James Ball,
William Stevens, and all other persons who now are, or here-
after may become proprietors of and in the Christian Union
Chapel, lately erected in Salem, in the county of Essex, of
which the Reverend Abner Jones is the pastor, their successors
and assigns, be, and they hereby are incorporated as a religious
society, by the name of "the First Christian Union Society in

Powers and du- Salem," with all the privileges, powers and immunities, and

''®^* subject to all the duties and liabilities, to which parishes and oth-

1828. Chap. 23—24. 729

er religious societies are entitled and subjected, by the constitu-
tion and laws of this Commonwealth.

Sect. 2. Be it further enacted, That the said society shall Estate,
be capable in law to take, hold, possess, manage and dispose of
any estate, real and personal, for the use of said society : pro-
vided, the annual income thereof shall not exceed, at any time,
the sum of three thousand dollars.

Sect. 3. Be it further enacted, That at all the meetings of Right of voting.
the said society, the proprietor or proprietors of the pews shall
be entitled to vote in such manner as shall be agreed upon by
the by-laws and regulations of said society.

Sect. 4. Be it further enacted, That the said society shall Assessments on
have full power and authority, at any meeting duly called for that P*^^^^'
purpose, to assess on the pews in the said chapel, all such taxes
as they may deem expedient for the maintenance of public wor-
ship, and the repairs of said chapel, and for all other parochial
charges and expenses, according to the relative value of the said
pews, pursuant to the valuation made of the same, and the taxes
so assessed shall be a lien on the same pews respectively ; and
in case of the non-payment of the said taxes, the said pew or Pews forfeited
pews respectively, on which the same shall be assessed, shall be paymemof as-
forfeited to the said society, and may be sold and conveyed in sessments.
such manner, and pursuant to such regulations, as the said soci-
ety shall, by their by-laws, provide and establish.

Sect. 5. Be it further enacted, That there shall be an Annual meet-
annual meeting of the said society, on the first Monday of May ^s— officers,
in every year, unless some other day shall be prescribed by the
by-laws and regulations thereof, at which meeting the said society
may choose their officers, who shall hold their offices during one
year, and until others are chosen in their stead, and may also
raise and assess taxes, and exercise all and any other powers,
which under this act of incorporation, the said society are entit-
led at any time to exercise.

Sect. 6. Be it further enacted, That this act may be al- Legislative cen-
tered, amended or repealed at the pleasure of the Legislature.
[June 11, 1828.]

An Act to incorporate the New England Soap Stone Company. Cfltt'Dt 24.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That John Greenwood, Sewall Kendall and Persons incor-
Joseph Tilden, and their associates, successors and assigns, pof^ted.
shall be, and hereby are, created a corporation, by the name of
the New England Soap Stone Company, for the purpose of
manufacturing soap stone, in the city of Boston in the county of
Suffolk, and for this purpose shall have all the powers and priv- Powers and du-
ileges, and be subject to all the duties and requirements contain- ''^^'
ed in an act passed on the third day of March in the year of our
Lord one thousand eight hundred and nine, entitled "an act 1808 ch. 65.
defining the general powers and duties of manufacturing corpo-
rations," and the several acts in addition thereto.

VOL. VI. 92

730

1828.-

-Chap. 24—25.

Real and per-
sonal estate.

First meeting.

Chap. 25.

Persons incor-
porated.

General powers.

Real estate.

Assessments.

Treasurer to
sell shares in
case of refusal
to pay assess-
ments, &c.

Sect. 2. Be it further enacted, That the said corporation
may be lawfully seized and possessed of such real estate, not
exceeding the value of five thousand dollars, and such personal
estate, not exceeding the value of twenty thousand dollars, as
may be necessary and convenient for conducting the manufacture
aforesaid.

Sect. 3. Be it further enacted That the said John Green-
wood, be authorized to call the first meeting of said company,
by giving notice thereof, in one of the newspapers printed in
Boston, seven days before such meeting. [^June 11, 1828.]

An Act to incorporate the Proprietors of the First Uuiversalist Meeting -House in
Lowell.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That .John Basselt, John Andrews and James
Price, and others, who have associated, or may hereafter asso-
ciate with them for the purpose of building a meeting-house,
their successors and assigns, be, and they are hereby made a
corporation and body pohtic, by the name of the Proprietors of
the First Universalist Meeting-House in Lowell, and by that name
may sue and be sued, and may have a common seal, and may
also ordain and establish such by-laws and regulations as to them
shall seem necessary and convenient for the government of said
corporation, provided such by-laws and regulations shall not be
repugnant to the constitution and laws of this Conmionwealth.

Sect. 2. Be it further enacted, That the said corpora-
tion may purchase and hold real estate, the annual income of
which, exclusive of the meeting-house and the land under the
same, shall not exceed one thousand dollars ; and shall divide
their estate into shares, the number of which shall not be less
than one hundred nor more than two hundred, and may make
and impose all necessary assessments on such shares.

Sect. 3. Be it further enacted. That whenever any pro-
prietor shall neglect or refuse to pay any assessment, legally
made upon his share or shares, to the treasurer of said corpora-
tion, within thirty days after the same shall be made payable,
the said treasurer is hereby authorized to sell at public vendue
the share or shares of such delinquent proprietor, after posting
notice of the time, place and cause of such sale, at two or more
public places in Lowell, and also on said meeting-house door,
whenever such house shall have been erected, at least thirty days
previous to such sale, to execute a deed or deeds thereof to the
purchaser or purchasers, and, after deducting the amount of such
delinquent's assessment, together with legal interest thereon,
from the time the same W'as payable, and necessary incidental
charges, the said treasurer shall pay the surplus, if any there be,
to such delinquent proprietor ; or the said treasurer may sue and
prosecute to final judgment and execution any such delinquent
proprietor, for any tax or assessment due and payable on any
share or shares of such delinquent proprietor.

1828. Chap. 25—26. 731

Sect. 4. Be it further enacted, That there shall be an Annual meeting
annual meeting of said proprietors, after the present year, on the fibers'— votes*. "
second Monday in March, at which they shall elect by ballot, a
president, clerk, treasurer, and five trustees, of vvhona the presi-
dent shall be one ; and the treasurer and clerk shall be sworn
to the faithful discharge of their respective trusts, and, at such
meeting, each proprietor, or his agent duly audiorized in writing,
shall be entitled to as many votes as he holds shares : provided,
that no one person shall be entitled to more than ten votes.

Sect. 5. Be it further enacted, That it shall be the duty Clerk's duty,
of the clerk of said corporation to keep a record of all the pro-
ceedings of said corporation, and of all shares and transfer of
shares thereon, and to grant certificates thereof to said proprie-
tors ; and the shares may be transferred under the hand and seal
of the proprietors on the back of such certificate.

Sect. 6. Be it further enacted, That the Legislature may Legislative con-
hereafter, at any time, alter or repeal this act. [June 12, 1828.] iroi-
See 1833 ch. 191.

An Act to incorporate the Trustees of South Reading Academy, in the county of (^hnrt 26
Middlesex. ±'

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the author-
ity of the same, That Gustavus F. Davis, Burrage Yale, Lem- persons incor-
uel Sweetser, Nathan Richardson, Lilley Eaton, Cyrus P. porated.
Grosvenor, James D. Knowles, Howard Malcolm, Nathaniel
R. Cobb, Henry Jackson, James Loring, Lucius Bolles, Rufus
Babcock, Jr., George Leonard, Michael Webb, Jr., Arthur
Drinkwater, Charles O. Kimball, Bela Jacobs, John E. Weston,
Samuel S. Mallory, and their associates, be, and hereby are, crea-
ted a corporation, by the name of the Trustees of the South
Reading Academy, in the county of Middlesex ; and that they,
and their successors, shall be and continue a body politic and
corporate by the same name.

Sect. 2. Be it further enacted, That all the monies, lands Estate, real or
or other property which shall be given, granted, devised or be- personal,
queathed to the said trustees, for the purpose of establishing or
maintaining said institution, shall be, and hereby are, confirmed
to the said trustees, and their successors in that trust, forever ;
and the said trustees may have and hold any estate, real or per-
sonal, provided the same shall not exceed in value the sum of
thirty thousand dollars, and shall apply the rents, interest and in-
come thereof, in such manner as they shall judge most proper to
effect the purposes of the said corporation.

Sect. 3. Be it further enacted, That the said trustees for Trustees to fill
the time being, or a major part of them, shall have the power to .vacancies, elect
fill all vacancies in said corporation, to elect such instructors and '

other officers of said academy as they shall judge necessary and
convenient, and fix the tenure of their respective offices ; to
prescribe the powers and duties of the said instructors and of-
ficers, and to make and ordain reasonable rules, orders and by-

732

1828.-

■Chap. 26—27.

General pow-
ers.

First meeting

This act may
be altered or
repealed.

Chap. 27,

Persons incor-
porated.

Powers and pri-
vileges.

Estate.

Proprietors to
elect trustees
and other offi-
cers, annually.

laws, with reasonable penalties, for the government of said in-
stitution, provided the same be not repugnant to the constitution
and laws of this Commonwealth.

Sect. 4. Be it further enacted^ That the said corporation
may have a common seal, which they may at pleasure break or
renew, and that all deeds, sealed with such seal, and signed, de-
livered, and acknowledged by the secretary or clerk of said cor-
poration, by order of said trustees, shall be good and valid in
law ; and the said corporation may make contracts, sue and be
sued in all actions, and prosecute and defend the same to final
judgment and execution.

Sect. 5. Be it further enacted^ That Burrage Yale, or
any other justice of the peace for the county of Middlesex, be and
hereby is authorized to fix the time and place for holding the
first meeting of said trustees, and to notify them thereof.

Sect. 6. Be it further enacted^ That the Legislature may,
at any time hereafter, alter or repeal this act. [June 12, 1828.]

An Act to incorporate the Greenfield Academy for Young Ladies.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Elijah Alvord, Ansel Phelps, Daniel Wells,
Elijah A. Gould, Cephas Root, George Grennell, Jr., William
Elliot, Jr., Albert Jones, Isaac Newton, Isaac Newton, 2d.,
Henry Chapman, Sylvester Allen, Amasa Barrett, William
Wilson, Horatio G. Newcomb, Nathaniel E. Russell, Richard
Catlin, Alanson Clark, John J. Pierce, Ambrose Ames, Helaz
Alvord, Henry Jones, Spencer Root and Franklin Ripley, to-
gether with such persons as may hereafter associate with them,
and their successors and assigns forever, be, and they hereby are
incorporated and made a body politic, by the name of the Pro-
prietors of the Greenfield Academy for Young Ladies, and by
that name may sue and be sued, and shall be invested with all
the powers, privileges and immunities to which other similar cor-
porations in this Commonwealth are by law entitled, and shall be
capable of holding in fee such estate, real and personal, obtained
by grant, donation or purchase, as they shall find necessary for
the establishment and operation of the academy aforesaid, and
the same to grant, sell and convey, in fee simple or otherwise,
as the proprietors shall determine, provided that the whole estate
of said corporation shall not exceed twenty thousand dollars :
provided, hoicever, that no proprietor shall have more than ten
votes.

Sect. 2. Be it further enacted, That the said proprietors
shall be authorized to elect annually, any number of persons, not
less than five nor more than fifteen, who shall be trustees of said
academy, and continue in office for one year, and until others
are chosen in their stead, and accept the trust, and also to choose
annually, who shall continue in office as aforesaid, a clerk, treas-
urer, and such other officers as they shall think proper. The
said trustees shall have the general management of the property

1828. Chap. 27—28. 733

and concerns of the corporation. In the choice of trustees,
and at all meetings of the proprietors, each proprietor shall be
authorized to vote according to the number of his shares, in the
same proportion that stockholders of banks are.

Sect. 3. Be it further enacted, Thni the said proprietors Transferor
shall be authorized to agree upon the mode of transferring shares, &c.
shares ; and the shares of each proprietor shall be a pledge to
the corporation for the payment of all instalments that may here-
after become due.

Sect. 4. Be it further enacted, That any two of the per- pj^st meeting,
sons above named be hereby authorized to call the first meeting
of the proprietors, by advertising seven days previous, in some
public newspaper printed in Greenfield, at which meeting, or at
any other meeting duly warned and holden, said proprietors may
agree upon the mode of calling future meetings, and adopt a sys-
tem of by-laws not inconsistent with the laws of this Common-
wealth.

Sect. 5. Be it further enacted, That the Legislature may. This act may be
at any time hereafter, alter or repeal this act. [June 12, 1828.] altered or re-

■ : — pealed.

An Act in addition to an Act, entitled "An Act to establish the Hoosac Mountain /^7 ^„

Turnpike Corporation."' K^lKip. 28.

Sect. 1. BE it enacted by the Senate and House of Repre- 1826 eh. 89.
sentatives, in General Court assembled, and by the authority of
the same. That from and after the passing of this act, the said Discharged
corporation be, and they hereby are discharged from making that 1'°^ making
part of the road embraced in their act of incorporation, which
lies east of the line dividing the county of Franklin from Berk-
shire, and also that part of said road which lies west of the line
dividing the town of Adams from Florida : provided, the county Proviso.
comnTiissioners for the counties of Berkshire and Franklin will
lay out and construct the part of said road above mentioned
which lies within their respective counties, agreeably to the
power vested in them by law to lay out public highways.

Sect. 2. Be it further enacted. That instead of the rates Rates of tdi
of toll provided in the act to which this is in addition, the said
corporation shall be authorized ^o demand and receive of every
person travelling on said road, the following rates of toll, to wit :
for every coach, phaeton or other four wheel spring carriage,
drawn by two horses, forty cents ; for each additional horse, ten
cents ; for each cart or wagon, drawn by two oxen or horses,
twenty cents ; for each additional horse or ox, ten cents ; for
each curricle, twenty-five cents ; for each chaise, chair or sulky,
twenty-five cents ; for all four wheel carriages, drawn by one
horse, twelve and a half cents ; for each sleigh or sled, drawn
by two oxen or horses, twenty cents ; for each additional ox or
horse, five cents ; for each sleigh, sled or cart drawn by one
horse, twelve and a half cents ; for each man and horse, ten
cents ; for cattle, horses and mules, in droves, one cent each ;
for sheep and swine at the rate of four cents by the dozen :
provided, however, that the said corporation may commute the proviso,
above rates of toll with any person, by taking a certain sum an-
nually, to be mutually agreed on. [June 12, 1828.]

734 1828. Chap. 29—30.

Chut) 29 ^^ ■'^"'^ '"^ incorporate the Witlows' Society in Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
Persons incor- the same. That Mehitable Amory and her associates, and tliose
porated. ^yj^Q ^g^ become associated with her, be, and they hereby are

incorporated into a society, by the name of the Widows' Soci-
ety in Boston ; and by that name, they and their successors
shall be a corjioration forever, for the purpose of relieving poor
and infirm widows, and single women, of good character, with
Generaipowcrs. power to sue and be sued, to make, appoint and have a common
seal, and the same to alter at pleasure ; to make by-laws for the
government and advancement of said society, not repugnant to
the constitution and laws of this Commonwealth ; and they are
hereby licensed and empowered to make purchases, and to re-
ceive grants, devises and donations of real estate, and the same
to improve, lease, exchange, or sell and convey, for the benefit
Real estate. of said society : provided, that the value of the real estate of
said society shall not exceed twenty thousand dollars, and the
annual income of the whole estate, real and personal, shall never
exceed five thousand dollars.
Board of mana- Sect. 2. Be it further enacted. That the said society shall
geri, 'c. tneet annually, in Boston, at such time as by their by-laws shall

be designated, and elect, by ballot, a board of managers, con-
sisting of a first, second and third directress, a secretary, a treas-
urer, and a committee of twelve ladies.
First meeting. Sect. 3. Be it further enacted, That the said Mehitable
Amory be, and she hereby is authorized, by public notice in
two of the Boston newspapers, to call the first meeting of said
corporation, at such time and place as she shall judge proper, at
least three days before the time of the meeting ; at which meet-
ing the said corporation shall have all the power vested in them
at their annual meeting, but the oflicers then chosen shall not
continue in office longer than the next annual meeting thereafter.
Tliisactmayoe Sect. 4. Be it further enacted. That this act may be
pealed. amended or repealed at the pleasure of the Legislature. [June

12, 1828.]

dlCt/D 30 ■^" "'^''^ '" '^^'^^ *° '''^ United States the jurisdiction of sites for Lig'ht Houses on
x^* ' Dumpling Rock, Nobsque Point, and at the entrance of Edgartown harbour.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives An General Court assembled, and by the authority of
Jurisdiction of the Same, That the jurisdiction of Dumpling Rock, in Buzzard's
'^'TdT u"s^ Bay, be and hereby is granted to the United States of America,
Proviso. ^"^'* ^^^^ purpose of erecting a light house on the same : provided,

that this Commonwealth shall retain, and does hereby retain a
concurrent jurisdiction with the United States, in and over the
said rock, so far as that all civil and criminal processes, issued
under the authority of this Commonwealth, or any officer thereof,
may be executed on anj' part of said rock, or in any building
which may be erected thereon, in the same way and manner as
if the jurisdiction had not been granted as aforesaid.

Sect. 2. Be it further enacted, That tlie United States of

1828. CriAP. 30—31. 735

America may purchase any tract of land, not exceeding four United States
acres, which shall be found necessary for the hght iiousc, author- |"\"don']\obsque
ized by Congress to be built on Nobsque Point, in the town of Point;
Falmouth, and may hold the same during the continuance of the
use and appropriation aforesaid, reserving to this Commonwealth
concurrent jurisdiction with the United States in and over the
said land, in manner and form as set forth in the first section of
this act.

Sect. 3. Be it further enacted, That the United States of —on flats of
America may purchase any tract of land, not exceeding four j^ou^^"^'"^" ^^'^'
acres, which shall be found necessary for the light house and
pier, authorized by Congress to be erected on the flats at the
entrance of Edgartovvn harbour, and may hold the same during
the continuance of the use and appropriation aforesaid, reserving
to this Commonwealth concurrent jurisdiction with the United
States in and over the said land, in manner and form as set forth
in the first section of this act : provided, that all persons who Proviso,
shall dwell upon either of said tracts of land, the jurisdiction of
which is hereby granted to the United States, shall be deemed
and taken to be inhabitants of the town in which said land may
be situated, and shall there do the same duties, and have and
enjoy the same privileges, as other inhabitants of such town, sav-
ing that they shall not be liable to serve as jurors, or perform
military duty. [June 12, 1S28.]

An Act to incorporate the Proprietors of Topsfield Academy. CllttJ). 31.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same. That Nehemiah Cleaveland, Samuel Hood, Billy Persons incor-
Emerson, Jacob Towne, Jr., Isaac Killam, Moses Wildes, P°'"a»ed.
Satni,el Gould, Frederick J. Merriam, John Rea, Jr., William
N. Cleaveland, Jeremiah Stone, Moses Wright, Edward Hood,
Nathaniel Perley, together with such other persons as are now,
or hereafter may be associated with them, and their successors
and assigns, shall be a corporation, by the name of the Proprie-
tors of Topsfield Academy ; and by that name may sue and be Powers and pri-
sued, plead and be impleaded, to final judgment and execution, vileges.
and may have a common seal, and may purchase and hold any
real or personal estate, not exceeding thirty thousand dollars in Estate,
value, and may, at any legal meeting, make and establish rules,
orders and by-laws, for the well ordering and governing the af-
fairs of said corporation, provided the same are not repugnant to
the laws of this Commonwealth ; and may annex penalties for
the breach of any such rules, orders or by-laws; and the said
corporation are hereby vested with all the powers necessary for
carrying into effect the purposes of this act.

Sect. 2. Be it further enacted. That the property of said Shares, assess-
corporation shall be divided into shares, and the proprietors of &,c"'^' ^°'^^'
said shares, at any legal meeting, may make assessments upon
the shares, for the use of said corporation, and the same collect,
in such way and manner as may be agreed upon ; and all votes
shall be determined by a majority of the voters present, count-

736

1828..

-Chap. 31—32.

Corporation
may appoint
officers, &c.

First meeting.
Proviso.

Chap. 32.

Names chang-
ed.

Worcester.

SufTolk.

Middlesex.

Essex.

ing one vote for each share, provided no one member, in his
own right, shall have more than ten votes ; and the shares of any
proprietor, who shall be delinquent in paying any assessment,
may be sold at auction for the payment thereof, by the person
appointed to collect the same, giving due notice of the time and
place of sale, and, after paying the assessments, and all the neces-
sary incidental charges, the overplus money, if any, arising from
the sale, shall be paid to the delinquent proprietor ; and the
shares in said corporation shall be deemed personal estate, and
the proprietors may establish the manner of transferring the same.

Sect. 3. Be it further enacted, That said corporation may
appoint all such necessary officers, and with such authority, as
by their by-laws they may establish, for the due management of
its aifairs, and the regulation of the school.

Sect. 4. Be it further enacted. That the said Jacob Towne,
Jr., may call the first meeting, and appoint the time and place
thereof : provided, nevertheless, that nothing in this act shall be
so construed as to |)revent the Legislature from altering or re-
pealing it, at any time hereafter. ^June 12, 1828.]

An Act to ciiangc llie names of the several persons therein described.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That from and after the passing of this act, the several persons
herein named shall be called and known by the names they are
hereby respectively allowed to assume, and the same shall be
deemed their only proper and legal names, viz : — That Nathan-
iel Johnson Robbins Sumner, of Rutland, in the county of Wor-
cester, may take the name of Robbins Sumner ; that Jacob E.
H. Richardson may take the name of Charles Elnathan Ham-
mond Richardson ; that Ai Andrews may take the name of Al-
fred Ai Andrews ; that Thomas H. Bennett may take the name
of Henry Joseph Pickering, all of the city of Boston, in the
county of Suffolk ; — that Josiah Worcester, of Cambridge,
may take the name of Frederick Augustus Worcester ; that
Charles Parkhurst, of Framingham, may take the name of
Charles Thurston Parkhurst ; that Martha Roulstone, of Charles-
town, may take the name of Martha Teel, all of the county of
Middlesex ; that Lydia Osgood of Salem, may take the name of
Sarah Southwick Osgood ; that Lydia Stocker, of Salem, may
take the name of Mary Stocker ; that Edward A. Lummus, of
Lynn, physician, may take the name of Edward L. Coffin ;
that Joseph Dagget, of Newburyport, may take the name of Jo-
seph Brainerd ; that Ednah Dagget, wife of said .Toseph, may
take the name of Ednah Brainerd ; that Nathan Haskell Dag-
get, a minor son of said Joseph Dagget, may take the name of
Edward Haskell Brainerd ; and that Samuel Dagget, Joseph
Dagget, Charles Henry Dagget, Amos Hale Dagget, other mi-
nor sons of said Joseph Dagget, may severally take the surname
of Brainerd ; that William Bodwell, .Tr., of x\ndover, may take
the name of Hiram Bodwell ; that Caroline Swett, of Newbu-

1828. Chap. 32—34. 737

ryport, may take the name of Caroline Rebecca Svvett, all of
the county of Essex ; — that Justis F. Hawes, of Worcester, Worcester,
may take the name of Milton J. Adams : that Asa Whitcoinb,
2ci., of Bolton, may take the name of Edwin A. Whitcomb ;
that Prudence Barker Howe, of Bolton, may take the name of
Ellen B. Howe, all of the county of Worcester ; — that Try- Hampshire,
phena Trumbull, of South Hadley, may take the name of Mary
Trumbull ; that Ezekiel Cheever Whitman, of Goshen, may
take the name of Ezekiel Cheever, both of the county of
Hampshire ; — that Brownell Little, of Westport, minor son of Bristol.
Nichols Little, may take the name of John Brown Little ; that
Warden Babcock, of Troy, may take the name of John War-
den Adams, and that the minor children of said Warden Bab-
cock, viz : Hiram Martin Babcock, John Quincy Babcock, and
Mary Babcock, may take the surname of iVdams, instead of
Babcock, all of the county of Bristol ; — and that Samuel Hud- Norfolk.
son Billings, of Roxbury, may take the name of Charles Hen-
ry Billings ; that Moses Tappan, of Hanover, in the county of Plymouth.
Plymouth, may take the name of James Moss Tappan ; that
George Barney, of Nantucket, in the county of Nantucket, may Nantucket.
take the name of George H. Barney. [June 12, 1828.]

An Act in addition to an Act, entitled " An Act to incorporate the Fall River Manu- r^hrm '^'^
facturing Company." OrtW//. Oa.

BE it enacted by the Senate and House of Representatives, in ^^^^ ^^' ^^*
General Court assembled, and by the authoHty of the same,
That the Fall River Manufactory may hold property not exceed-
ing one hundred thousand dollars in real estate, and one hundred
thousand dollars in personal estate, in addition to the sum it is
now authorized by law to hold. [^June 12, 1828.]

An Act to incorporate ihe Revere Copper Company. C^hfin S4.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Joseph W. Revere, and Frederick W. Lincoln, Persons incor-
together with such others, as may hereafter be associated with P"""^'^
them, and their successors, be, and they are hereby constituted
and made a corporation, by the name of the Revere Copper
Company, for the purpose of manufacturing copper into any
form, whereof copper constitutes the whole, or a component
part, in the town of Canton ; and, for that purpose, shall have Powers and du-
all the powers and privileges, and also be subject to all the du- ^'^^"
ties and requirements, prescribed and contained in an act passed
the third day of March, in the year of our Lord one thousand
eight hundred and nine, entitled "an act defining the general 1808 ch. 65.
powers and duties of manufacturing companies," and the several
acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may be lawfully seized and possessed of such real estate, not sonal estate,
exceeding the value of one hundred thousand dollars, and such
personal estate, not exceeding the value of one hundred and fifty

VOL, VI. 93

738

1828.-

-Chap. 34—36.

First Meeting-.

Chap. 35.

1825 ch. 62.

Power to
change route.

Chap. SQ.

Persons incor-
porated.

Powers and du-
ties.

1808 ch. 65.

Real and per-
sonal estate.

First meeting.

thousand dollars, as may be necessary or convenient for carrying
on the business of said corporation.

Sect. 3. Be it further enacted, That either of the persons
named in this act, be, and either of said persons hereby is, au-
thorized, to appoint the time and })lace for holding the first meet-
ing of said corporation, giving ten days notice ihereof, either by
personal notice or otherwise. [June 12, 1828.]

An Act in addilion to an Act, entitled "'An Act to establish the Pontoosac Turnpike
Corporation.'"

BE it enacted by the Senate and House of Representatives ^ in
General Court assembled, and by the authority of the same, That
the said Pontoosac Turnpike Corporation shall have power, in the
laying out, and construction of their road, so to change the route
described in their act of incorporation, as to pass from the easterly
part of the town of Piitsfield, in the best course, through parts
of any or all of the towns of Washington, Hinsdale, ^liddle-
field and Becket, to a point near the mouth of Mill Brook, any
thing in the act to which this is in addition to the contrary not-
withstanding. [Jan. 22, 1829.] Add. act, 1829 ch. 51.

An Act to incorporate the Salem Federal Street Brewery.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That William Brown, Pierce L. Wiggin, William
P. Endicott, William P. Lander, E. W. Farrington, Stephen
W. Shepard, James Perkins, Richard Savory, Isaac P. Foster,
John Howard, Jr., David Perkins, their associates, successors
and assigns be, and they are hereby made a corporation, by the
name of the Salem Federal Street Brewery, for the purpose of
manufacturing malt liquors in the town of Salem, in the county
of Essex, and for this purpose shall have all the powers and
privileges, and be subject to all the duties and requirements con-
tained in an act, passed on the third day of March, in the year of
our Lord one thousand eight hundred and nine, " entitled an act
defining the general powers and duties of manufacturing corpo-
rations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation
may be lawfully seized and possessed of such real estate, not
exceeding the value of twenty thousand dollars exclusive of im-
provements, and such personal estate, not exceeding the value of
thirty thousand dollars, as may be necessary and convenient for
carrying on the manufacture aforesaid.

Sect. 3. Be it further enacted. That any one or more
of the persons mentioned in this act, be, and hereby are author-
ized to appoint the time and place of holding the first meeting
of said corporation, and to notify them thereof, either by per-
sonal notice or by an advertisement in some newspaper in said
town of Salem, to be published at least ten days before the time
of said meeting. [Jan. 22, 1829.]

1828. Chap. 37—38. 739

An Act to incorporate the New England Painted Floor Cloth Company. ChCLJ)' 37»

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Samuel Perkins, Thomas Handasyd Perkins, persons incor-
Wiiliam Perkins and William Howard Gardner, their associates, pofated.
successors and assigns, be, and they hereby are made a corpora-
tion, by the name of the New England Painted Floor Cloth
Company, for the purpose of manufacturing painted floor cloths
at Roxbury, in the county of Norfolk, and for this purpose shall Powers and
have all the powers and privileges usually granted to manufactur- '*""^''"
ing corporations, and be subject to all the duties and require-
ments contained in an act passed on the third day of March, in
the year of our Lord one thousand eight hundred and nine, "en- 1808 eh. 65.
tilled an act defining the general powers and duties of manufac-
turing corporations," and all other acts passed supplementary
thereto, excepting as to the manner of calling the first meeting,
as herein after provided.

Sect. 2. Be it further enacted, That the capital stock of Capital stock,
said company shall not exceed the sum of one hundred thousand
dollars, and they may be lawfully seized and possessed of such
real estate as may be necessary or convenient for the purpose
aforesaid, not exceeding the value of fifty thousand dollars, ex-
clusive of buildings and improvements that may be made thereon
by the said corporation.

Sect. 3. J3c it further enacted, That Samuel Perkins be. First meeting.
and he hereby is authorized to call the first meeting of said cor-
poration, by advertisement in one of the newspapers printed in
Boston, in the county of Suffolk, at such time and place as he
shall think proper, giving ten days notice thereof, at which meet- By-laws,
ing by-laws may be passed not repugnant to the laws of this
Commonwealth, and the mode of calling future meetings regu-
lated. [Jfm. 22, 1829.]

An Act to incorporate the Proprietors of the Braintree Lyceum. C^hdYl S8

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Richard S. Storrs, Solomon Thayer, Samuel Persons incor-
Capen, David HoUis, Benjamin V. French, Stephen Thayer, po^ated.
Samuel Hayden, John Hobart, Jr., Minot Thayer, Charles M.
Fogg, Elisha Niles Thayer, Charles Hayward, Ebenezer Den-
ton, David N. Hollis, Josiah Hollis and Charles Dickerman,
with their associates, successors and assigns, are hereby made a
corporation for literary purposes, by the name of the Braintree
Lyceum, and by that name are hereby made capable in law to General pow-
sue and be sued, plead and be impleaded, defend and be defend- ^'■*-
ed in any court of record, or any other place whatever, and also
to have a common seal, and the same to change at pleasure, and
also to appoint a treasurer and clerk, with such other officers as
they may think expedient, and also to establish such by-laws and
regulations as to them shall appear necessary and convenient for
the government of said corporation and the prudent management

740

1828.-

-Chap. 38—39.

Real and per-
sonal estate.

First meeting.

Proviso.

Chap. 39.

Persons incor-
porated.

General pow-
ers.

Donations con-
firmed to trus-
tees.

Estate.

Number of trus-
tees, their pow-
ers and duties.

of their affairs : provided, the same be not repugnant to the con-
stitution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That the said corporation
are hereby made capable in law to hold and possess real estate
to the amount of ten thousand dollars, and personal estate to the
amount of five thousand dollars, to be divided into shares not
exceeding one hundred dollars each, the net income of which
shall be strictly applied to literary purposes connected with the
institution.

Sect. 3. Be it further enacted, That Samuel Capen be,
and he hereby is authorized to call the first meeting of said pro-
prietors, by furnishing each proprietor with a written notification
one week at least before the time of said meeting : provided,
nevertheless, that this act shall be determinable at the pleasure of
the Legislature. [Jan. 26, 1829.]

An Act to incorporate the Trustees of the Sheldon English and Classical School of
Southampton.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Vinson Gould, James K. Sheldon, Elisha Ed-
wards, Jr., Timothy Clark, Luther Edwards, Jr., Silas Shel-
don, Theodore Parsons, Theodore Strong, Heman Searl, J.
S. Spencer, Sylvester Judd, Jr., Payson Williston, Samuel
Edwards, Jr., George Dunlap and Samuel Lyman, and their
successors, be, and they hereby are made a body corporate, by
the name of the Trustees of the Sheldon English and Classical
School of Southampton ; and by that name may sue and be sued,
and prosecute and defend suits, with power to have and use a
common seal, and to make and ordain reasonable rules and by-
laws, for the management and government of said school, and
thereby to impose reasonable penalties : provided, such rules and
by-laws shall not be repugnant to the constitution and laws of
this Commonwealth.

Sect. 2. Be it further enacted, That all lands, monies, or
other property heretofore given or subscribed, for the purpose of
establishing or promoting an English and classical school in the
town of Southampton, in the county of Hampshire, or which
shall hereafter be given or granted to said trustees for such pur-
poses, shall be confirmed to the said trustees and their succes-
sors, for the uses in the instruments giving or granting the same
expressed, and said trustees shall be capable of taking and hold-
ing both real and personal estate, by gift, grant, devise or other-
wise, provided the annual income of the same shall not exceed
the sum of three thousand dollars ; and shall apply the interest,
rents and profits thereof, so as most efi^ectually to promote the
designs of the patrons of the institution.

Sect. 3. Be it further enacted, That the number of said
trustees shall never exceed seventeen, nor be less than eleven,
and a majority thereof shall belong to the town of Southampton,
five of whom shall be necessary to constitute a quorum for doing
business, but a less number may adjourn from time to time ; and

1828. Chap. 39—41. 741

the said trustees shall be the visitors and governors of the insti-
tution, shall have power from time to time to elect such officers
and instructors as they shall judge necessary and convenient, and
fix the tenure of their resj)ective offices, and presciibe their
respective duties, and they shall annually elect a treasurer, who
shall give bonds to the acceptance of the trustees for the right
management of the funds of the corporation, and a secretary who
shall be sworn to the faithful discharge of the duties of his office,
and they shall have power to remove from office any trustee,
when he shall become incapable, by reason of age or otherwise,
of discharging the duties of his office, and to fill all vacancies in
the board of trustees, provided that a majority of all the trustees
shall be necessary to elect or remove a member of the board,
and the said trustees may sell and convey by deed, under their
common seal, signed, acknowledged and delivered by the secre-
tary of said board, all real estate which they may have a right
to sell.

Sect. 4. Be it further enacted^ That James K. Sheldon, First meeiinff.
Esquire, be authorized to call the first meeting of said trustees,
by publishing notice of the time and place thereof, three weeks
successively in the Hampshire Gazette, [orl by giving ten days
personal notice to each trustee.

Sect. 5. Be it further enacted, That this act may be al-
tered or repealed by the Legislature at any time hereafter.
[Jan. 27, 1829.] Add. act, 1829 ch. 39.

An Act in addition to an Act entitled "An Act relating to the Public Records in the C^lin^ hCi
County of Barnstable." ^UUJJ. -tU.

BE it enacted by the Senate and House of Representatives, ^^~^ '^*'- '*^^-
in General Court assembled, and by the authority of the same,
That the first section of the act to which this is in addition, be
so far amended, that the times therein allowed to the selectmen
of each of the towns in said county, for the registry of deeds,
as therein specified, be extended to the first day of May, A. D.
one thousand eight hundred and twenty-nine ; and also the time
for completing the said alphabetical lists of grantors and grantees,
as mentioned in said act, is hereby extended to the first day of
September, A. D. one thousand eight hundred and twenty-nine,
and the records of the same shall be transmitted to the office of
the register of deeds of said county, within thirty days there-
after. [Jan. 30, 1829.]

An Act to incorporate the Salem Firemen's Insurance Company. f^htlll A 1

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That John Stone, Samuel Briggs, John Russell, Persons incor-
Daniel Hammond, John Chadwick, Henry K. Oliver, and their P"''^'^ •
associates, successors and assigns, be, and they hereby are incor-
porated into a company and body politic, by the name of the
Salem Firemen's Insurance Company, for and during the term
of twenty years after the passing of this act ; and by that name
may sue and be sued, plead and be impleaded, appear, prose-
cute and defend to final judgment and execution, and have a

742

1828.

-Chap. 41.

Real estate.

Capital stock
and shares.

Number and
election of di-
rectors.

Right of votinj

Choice of pres-
ident, &c.

Board of direc-
tors.

Powers of the
board.

Proviso.

common seal, which they may alter at pleasure, and may pur-
chase, hold and convey any estate, real or personal, for the use
of said company : provided, they shall not hold real estate ex-
ceeding the value of ten thousand dollars, excepting such as may
be taken for debt, or held as collateral security for debts due to
said company.

Sect. 2. Be it further enacted, That the capital stock of
said company shall be one hundred thousand dollars, divided into
shares of fifty dollars each, one third part of which shall be paid
in money, within ninety days from the first meeting of said com-
pany, and the residue within two years from and after the first
meeting of said company.

Sect. 3. Be it further enacted, That the stock, properly,
afFairs and concerns of said company shall be managed and con-
ducted by seven directors, one of whom shall be president there-
of, who shall hold their offices for one year, and until others are
chosen, and shall, at the time of their election, be stockholders
of said company, and citizens of this Commonwealth, and shall
be elected aimually on the first Monday of May, at such time
and place, within the town of Salem, as a majority of the direc-
tors for the lime may appoint, of which election public notice
shall be given, in any one of the public newspapers printed in
said town, ten days immediately preceding such election, and
the election shall be made by ballot by a majority of the votes of
the stockholders present, allowing one vole to each share in the
capital stock : provided, no stockholder shall have more than ten
votes, and absent stockholders may vote by proxy, under such
regulations as the company may prescribe.

Sect. 4. Be it further enacted. That the directors so
chosen shall meet as soon as may be after every election, and
shall choose out of their number one person to be president,
who shall be sworn faithfully to discharge the duties of his office
during the period for which he is elected, and in case of the
death, resignation or inability to serve of the president or any
directors, such vacancy or vacancies shall be filled for the re-
mainder of the year in which they happen, by a special election,
to be notified and held, as is herein before directed, in case of
annual elections.

Sect. 5. Be it further enacted. That the president and
three of the directors, or four of the directors in the absence of
the president, shall be a board competent for the transaction of
business, and all questions before them shall be decided by a
majority of votes. And they shall have power to make and
prescribe such by-laws, rules and regulations as to them shall
appear needful and proper, in respect to the management and
disposition of the stock and properly of said company, and the
transfer of shares therein, and the powers, duties and conduct of
the several officers, clerks and servants employed in the service
of the company, and the election of directors, and the making of
policies, and all such matters as appertain to the business of in-
surance : provided, such by-laws, rules and regulations be not

1828. Chap. 41. 743

repugnant to the constitution and laws of this CommonweaUh.
And they shall also have power to appoint a treasurer, secretary,
and as many clerks and servants as shall he needful, with such
compensation to them severally, and to the president, as to them
shall seem fit, and they shall also have power and authority, in
behalf of said company, to make insurance on any property or
buildings against damage to the same by fire, originating in any
cause except design in the assured, for such time, and on such
conditions, as the parties may agree to : provided^ that the said Proviso,
company shall not insure, on any one risk, more than ten per
centum on the amount of the capital stock paid in. And all
policies of insurance by them made, shall be subscribed by the
president or two of the directors, and countersigned by the sec-
retary, and shall be binding and obligatory upon the said coujpa-
ny, and have the like effect and force as if under the seal of said
company, and all losses duly arising under policies so subscribed,
may he adjusted and settled by the president and board of direc-
tors, or such agent as they shall authorize, and such adjustment
shall be binding on said company.

Sect. 6. Be it further enacted, That the said company Company shall
shall not directly nor indirectly deal or trade in buying or selling "°^ ''■^'^^■
any goods, wares, merchandize, or coinmodities whatever.

Sect. 7. Be it further enacted, That once in three years, statement to be
and oftener if required by a majority of the votes of the stock- exhibited to
holders, the directors shall lay before the stockholders, at a gen- aluiLegisLTure.
eral meeting, an exact and particular statement of the profits, if
any there be, after deducting losses and dividends, and the pre-
sident and directors of said company shall, when and as often as
required by the Legislature of this Commonwealth, lay before
the Legislature a statement of the affairs of said company, and
submit to an examination concerning the same under oath.

Sect. 8. Be it further enacted, That it shall be the duty Dividends to be
of the directors to make semi-annual dividends of the interest made semi-an-
arising from the capital stock, and of the profits of said company, ""'^"•>'-
if it should to them appear advisable, but monies received and
notes taken for premium of risks, which shall be undetermined,
and outstanding, at the time of making any dividend, shall not be
considered as part of the profits of said company, and in case of
any loss whereby the capital stock shall be lessened, no dividend
shall be made until a sum equal to such diminution shall have
been added to the capital.

Sect. 9. Be it further enacted, That any three of the per- First meeting.
sons named in the first section of this act are hereby authorized
to call a meeting of the said company in Salem, by advertising
the same for two weeks successively in any newspaper printed
in said Salem, for the purpose of electing the first board of direc-
tors, who shall hold their oflices, until another board shall be
chosen.

Sect. 10. Be it further enacted, That the capital stock of capital stock
said insurance company, or any part of it shall not be sold or "f" transferable
transferred during the term of one year after this charter shall be °'' °"® y*-'"*

744 1828. Chap. 41—44.

put in operation as aforesaid, and in case the same shall not be
put ill operation, within the year aforesaid, this act shall be void.
Liability to lax- Sect. U. Be it further enacted, That the said company
shall be liable to be taxed by any general law providing for the
taxation of all similar corporations. [Feb. 2, 1829.]

Chut). 42. ■'^" ■^'^'^ '" addition to an Act to incorporate the Boston and Canton Manufacturing
-t * Company.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
Increase of cap- That the said Boston and Canton Manufacturing Company, be,
and they hereby are empowered to increase their present capi-
tal stock by the addition of any sum or sums not exceeding in
the whole the further sum of three hundred thousand dollars, the
whole capital stock of said company, being at no time to exceed
the sum of six hundred thousand dollars. [Feb. 4, 1829.]

f^hf/n 4S ^^ ^^^ '° incorporate the Woodbridge 3Ianufucturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of

Persons incor- the Same, That Joseph Strong, Maliby Strong, and Daniel W.

porate . Lamb, together with such others as may hereafter associate with

them, their successors and assigns, be, and they are hereby made
a corporation, by the name of [the] Woodbridge Manufacturing
Company, for the j)urpose of manufacturing cotton and woollen
yarn and cloth, in the town of South Hadley, in the county of

Powers and du- Hampshire, and, for that purpose, shall have all the powers and

'^^' privileges, and shall be subject to all the duties and requirements

contained in an act passed the third day of March, in the year of

I808cli. G5. our Lord one thousand eight hundred and nine "entitled an act
defining the general powers and duties of manufacturing corpora-
tions," and tlie several acts in addition thereto.

Real and per- Sect. 2. Be it further enacted, That the said Wood-

sond estate. bridge Manufacturing Company may lawfully hold and possess
such real estate not exceeding fifty tliousand dollars in value, and
such personal estate not exceeding one hundred thousand dollars
in value as may be necessary and convenient for carrying on the
manufacture aforesaid. [Feb. 4, 1829.]

C/lflT) 44 -^"^ ^^^ '° incorporate the Willimansett Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the same. That Stephen C. Bemis, .Joseph B. Sheffield, Al-
porated. ^^^.^ Burgcss, and David Temple, their associates, successors

and assigns, be, and they hereby are niade a corporation by the
name of the Willimansett Manufacturing Company, for the pur-
pose of manufactming, in the town of Springfield, in the county
of Hampden, machine and other cards, machinery, and edge
tools, together wiih all or any articles, which may be maniifac-
Powers and tured from iron and steel ; and, for the purposes aforesaid, shall
duties. |-|g^,g g]j ji^g powers and privileges, and be subject to all the du-

1808 ch. 65. ties and requirements contained in an act, entitled " an act, de-
fining the general powers and duties of manufacturing corpora-

1828. Chap. 44—45. 745

tions," passed the third day of March, in the year of our Lord
one thousand ei<5ht hundred and nine, and the several acts in ad-
dition thereto.

Sect. 2. Be it further enacted, That the said corporation Real and per-
may be lawfully seized and possessed of such real estate, not ex- sonal estate,
ceeding in value twenty thousand dollars, and such personal es-
tate not exceeding in value forty thousand dollars, as may be
necessary for the purposes aforesaid. [Feb. 6, 1829.]

All Act to incorporate the East Congregational Society in Ware, into a Parish. CHcLt). 45.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives.) in General Court assembled.^ and by the authority of
the samCy That that part of Ware, herein after described, be, Name and
and hereby is formed into a separate and distinct parish, and '^°""^^''y-
shall be designated and known by the name of the East Parish in
Ware, and shall be bounded as follows, viz : beginning at a stake
and stones on Palmer line, being the southeast corner of Samuel
Gould's home farm, thence westerly on the south line of said
Gould's home farm, to Ware river, so called, thence up said
river to the mouth of Muddy Brook, so called, thence up said
Muddy Brook, to the county road leading from Ware to New
Brainiree, thence easterly on said road to a stake and stones at
the turn in said road, a liide easterly of Cyrus Brown's dwelling-
house, thence easterly to the northwest corner of the farm lately
owned by Darius Eaton, deceased, thence easterly on the north
line of said farm, to Brookfield line, thence southerly on said
Brookfield line to Western line, thence southerly on said West-
ern line to Palmer line, thence on said Palmer line to the bound
first mentioned.

Sect. 2. Be it further enacted, That all the inhabitants Powers and
within the limits and boundaries aforesaid, shall be considered as P'''^''6S^S'
belonging to said East Parish, and that all the property within
said limits, both real and personal, shall be taken and considered
for all parochial purposes as belonging to said East Parish, in the
same manner as property is by the laws of this Commonwealth
deemed and taken to belong to the oldest religious society in
each town, and the said parish is hereby invested with all the
powers, rights, privileges and immunities, and subject to all the
liabilities with which other parishes in this Commonwealth are
invested and subjected : provided, however, that nothing in this Proviso,
act shall prevent any person from becoming a member of any
other religious society, or of said East Parish, agreeably to the
existing laws of this Commonwealth.

Sect. 3. Be it further enacted, That Homer Bartlet, Ben- First meeting,
jamin Paige and Alpheus Dimond, Esqrs., or a major part of
them, are hereby authorized to call the first meeting of said par-
ish, by posting up an attested copy of their warrant for that pur-
pose, at the meeting-house, in said East Parish, seven days at
least before said meeting, specifying the time, place and purposes
of the same. [Fe5. 6, 1829.]

VOL. VI. 94

746

1828.-

•Chap. 46.

Chap. 46.

Persons incor-
porated.

General powers.

Estate and
shares.

Treasurer au-
thorized to sell
shares of delin-
quentSj &c.

Annual meet-
ing.

Right of voting
Clerk's duty.

An Act to incorporate the Proprietors of the Second Congregational Meeting-house
in Lowell.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, Tliat Jonathan Morse, the second, Josiah Crosby,
Joel Davis, Asa W. Pollard and Joseph Farvvell, and others,
who have associated or may hereafter associate with ihem, for
the purpose of building a meeting-house, iheir successors and as-
signs, be, and they hereby are incorporated and made a body
politic, by the name of the Proprietors of the Second Congre-
gational Meeting-house in Lowell, and by that name may sue and
be sued, and may have and use a common seal, and may ordain
and establish such by-laws and regulations as to them may seem
necessary and convenient for the government of said corpora-
tion : provided, such by-laws and regulations be not repugnant to
the constitution and laws of this Commonwealth.

Sect. 2.' Be it further enacted. That the said corporation
may purchase and hold real and personal estate, the annual in-
come of which, exclusive of the meeting-house and land under
the same, shall not exceed one thousand dollars, and shall divide
their estate into shares, the number of which shall not be less
than one hundred nor more than two hundred, and may make
and impose all necessary assessments on such shares.

Sect. 3. Be it further enacted. That whenever any propri-
etor shall neglect or refuse to pay any assessment legally made
upon his share or shares, to the treasurer of said corporation,
within thirty days after the same shall be made payable, the said
treasurer is hereby authorized to sell, at public vendue, the share
or shares of such delinquent proprietor, after posting notice of
the time, place and cause of such sale, at two or more public
places in Lowell, and also on said meeting-house door, when-
ever such house shall have been erected, at least thirty days pre-
vious to such sale; to execute deed or deeds thereof to the pur-
chaser or purchasers, and after deducting the amount of such
delinquent's assessment, together with legal interest thereon
from the time the same was payable, and necessary incidental
charges, the said treasurer shall pay the surplus, if any there be,
to such delinquent proprietor, or the said treasurer may sue and
prosecute, to final judgment and execution, any such delinquent
proprietor, for any tax or assessment due and payable on any
share or shares of such delinquent proprietor.

Sect. 4. Be it further enacted, That there shall be an an-
nual meeting of said proprietors after the present year, on the
second Monday in March, at which they shall elect by ballot a
president, clerk, treasurer and five trustees, of whom the presi-
dent shall be one, and the treasurer and clerk shall be sworn to
the faithful discharge of their respective trusts, and at such meet-
. ing each proprietor or his agent, duly authorized in writing, shall
be entitled to as many votes as he holds shares : provided, that
no one person shall be entitled to more than ten votes.

Sect. 5. Be it further enacted, That it shall be the duty of

1828. Chap. 46—48. 747

the clerk of said corporation to keep a record of all the proceed-
ings of said corporation, and of all shares and transfer of shares
therein, and to grant certificates thereof to said proprietors, and
the shares may he transferred under the hand and seal of the
proprietors on the back of such certificate.

Sect. 6. Be it further enacted, That any justice of the First Meeting,
peace, in the county of Middlesex, be, and hereby is authorized
to issue his warrant to some one of the said proprietors, for the
purpose of calling the first meeting to elect officers and organize
said corporation, at such convenient time and place as he shall
direct, at which meeting said proprietors may agree upon the
manner of calling and notifying future meetings.

Sect. 7. Be it further enacted, That this act shall be sub- Le^slative
ject to revision or repeal at the will of the Legislature. [Feb. ^^o"^"""'-
6, 1829.]

An Act to set off a certain Tract of Land from the Town of Marlborough, in the C^hrfri ATI
County of Middlesex, and to annex the same to the Town of Bolton, in the County J:' '

of Worcester.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That a certain tract of land, owned by Daniel Stratton, con- Boundary,
taining about one acre, bounded and described as follows, to wit :
beginning at a pile of stones at a corner bound of the towns of
Stow and Marlborough, and on the line of the said town of
Bolton, thence running south fifteen and a half degrees east, five
rods and seventeen links, to a stake and pile of stones, thence
south, twenty-five degrees west, seventy-five rods and eighteen
links, to a pile of stones on the northerly side of a road, at an
angle in the line between the towns of Marlborough and Bolton,
thence running on the line between said towns to the first men-
tioned boundary, be, and the same is hereby set off from the
town of Marlborough, in the county of Middlesex, and annexed
to the town of Bolton, in the county of Worcester; and that
the persons dwelling on the said tract of land hereafter shall be
considered inhabitants of said town of Bolton. [Feb. 11, 1829.]

An Act to incorporate the Newburyport Mutual Fire Insurance Company. ChctD 48

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Ebenezer Mosely, Luther Waterman, John Persons incor-
Greenleaf, William Bartlet, Moses Davenport, William Davis, P°'"a'ed.
William C. Williams, Aaron Davis, Enoch Osgood, Samuel
Newman, Thomas M. Clark, and their associates, successors
and assigns, are hereby constituted a body politic and corporate,
by the name of the Newburyport Mutual Fire Insurance Com-
pany, with powers and privileges incident to such corporations,
for the term of twenty-eight years.

Sect. 2. Be it further enacted, That when the sum sub- when to insure,
scribed to be insured shall amount to one hundred thousand
dollars, said corporation may insure, for the term of one to seven
years, any buildings, goods, furniture, books or effects, to any
amount not exceeding three quarters of the value of the property
insured.

748 1828. Chap. 48.

Officers, by- Sect. 3. Be it further enacted^ That said corporation may

' ■ choose such officers, and establish such by-laws, as they may
deem necessary, not repugnant to the constitution and laws of
this Commonwealth, and each member shall have as many votes
as he has policies, and may vote by proxy.
Investment and Sect. 4. Be il further enacted, That the funds of said cor-
appropriation of poration shall be vested in stocks, or loaned on such security as
the directors may order, and shall be appropriated first to pay
the expenses of the corporation, and next to pay the damages
which any member may be entitled to recover on his policy : in
case any member shall have a just claim upon the corporation,
exceeding the amount of their then existing funds, the directors
shall, without delay, assess such sum as may be necessary on
the members, in proportion to the amount of their premiums and
deposits for seven years, but not to exceed treble the amount of
such premiums and deposits.
Satisfaction of Sect. 5. Be it further enactedy That whenever any mem-
executions, &c. j^g^. g|jg|| j-g^ovcr judgment against said corporation, he may levy
his execution on their estate or funds; but if sufficient estate or
funds cannot be found, he may levy the same on the private
property of any of the directors : provided^ they first refuse or
neglect, for the space of sixty days, to satisfy tlie execution,
after formal demand made on them for that purpose, and any
director, whose property may be thus taken, may sustain an ac-
tion of the case against the corporation, to recover full and ade-
quate damages therefor.
Policy to create Sect. 6. Be it further enacted ^ That each policy of insii-
aiien. rance shall, of itself, without any other ceremony, create a lien

on any building insured, and on the land under it, for the pay-
ment of the premium stipulated in said policy, and of all assess-
ments lawfully made by virtue thereof, and this provision shall
not prevent the taking of other collateral security.
Proceedings in Sect. 7. Be it further enacted, That in case it should be-
jjg^^°*^^®^°'''^° come necessary to resort to the lien, or the property insured, the
treasurer shall demand payment of the insured, or his legal rep-
resentative, and likewise of the tenant in possession, and in case
of non-payment, the corporation may sustain an action for any
sum due, either on the deposit note, or by assessment, and their
execution may be levied on the premises insured, and the officer
making the levy may sell the whole or any part of the estate at
auction, giving notice, and proceeding in the same manner, as is
required in the sale of equities of redemption on execution, and
the owner shall have a right lo redeem the estate, by paying the
cost of sale, the amount of the execution, and twelve per cent,
interest thereon, within one year from such sale.
Liability to tax- Sect. 8. Be it further enacted, That this corporation shall
ation. be liable to be taxed by any general law of this Commonwealth,

taxing other similar institutions, and any member named in this
First meeting, act may Call the first meeting, by advertising the same in any
newspaper published in Newburyport. [Feb. 11, 1829.]

1828. Chap. 49—50. 749

All Act to incorporate the Wales Woollen Manufac luring Company. ChcW 49

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Bela Tiflany, Oliver Wales and Hiram Wat- Persons incor-
kiiis, together with such others as now have associated or may poraied.
hereafter associate with them, their successors and assigns, be,
and are hereby made a corporation, by the name of the Wales
Woollen Manufacturing Company, for the purpose of manufac-
turing woollen and cotton yarn, and cloths, in the town of Wales,
in the county of Hampden ; and, for this purpose, shall have all Powers and du-
the powers and privileges, and shall be subject to all the duties ^'^*-
and requirements, prescribed and contained in an act, passed on
the third day of March, in the year of our Lord one thousand
eight hundred and nine, entitled "an act defining the general 1808 ch. 65,
powers and duties of manufacturing corporations," and the sev-
eral acts in addition thereto.

Sect. 2. Be it further enacted, That the said Wales Real and per-
Woollen Manufacturing Company, in their corporate capacity, sonal estate,
may lawfully hold and possess such real and personal estate as
may be necessary and convenient for carrying on said manufac-
tures : provided, that the value of such real estate shall not ex-
ceed the sum of fifty thousand dollars, and that the value of such
personal estate shall not exceed the sum of fifty thousand dollars.
[Feb. 13, 1829.]

An Act to incorporate the Newburyport Hosiery Manufacturing Company. CflCtD, 50

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That John Brickett, Charles Butler, Eben'r Bradbury, Persons incor-
.Tohn O. W. Brown, William Kimball, Nathan Follansbee, P°'"^'^'^-
John Dodge, Jr., Moody Pearson and William Davis, Jr., with
such other persons as have already or who may hereafter asso-
ciate with them, their successors and assigns, be, and they are
hereby made a corporation, by the name of the Newburyport
Hosiery Manufacturing Company, for the purpose of manufac-
turing hosiery and all descriptions of warp frame work, at New-
buryport, in the county of Essex ; and for that purpose shall Powers and
have all the powers and privileges, and be subject to all the du- "^'^*'
ties and requirements, contained in an act, passed the third day
of March, in the year of our Lord one thousand eight hundred
and nine, entitled "an act defining the general powers and duties 1808 ch. 65.
of manufacturing corporations," and the several acts in addition
thereto.

Sect. 2. Be it further enacted, That the capital stock of Capital stock-
said corporation shall not exceed fifty thousand dollars, and ^"
that it may be seized and possessed of such real estate as may
be necessary and convenient for the purposes aforesaid not ex-
ceeding the value of ten thousand dollars. [Feb. 13, 1829.]

750 1828. Chap. 51.

y-t 7 r 1 An Act to incorporate the Bristol County Mutual Fire Insurance Company.

' * * Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authori-
Persons incor- ty of the Same, Thai Samuel Crocker, Alfred Williams, John
porated. j^/[ Williams, Charles Richmond, Francis Baylies, Jesse

Smith, William Reed, Farnutn A. Sumner, .John W. Seabtiry,
Nathaniel Crandell, Dan Wilmarth, Jr., .James Sproat, Henry
Washburn, Charles Godfrey, William Hodges, .Job Godfrey,
William A. F. Sproat, David G. W. Cobb, Horatio Leonard
and Thomas C. Brown, and their associates, successors and as-
signs, are hereby constituted a body politic and corporate, by
the name of the Bristol County Mutual Fire Insurance Compa-
ny, with j)owers and privileges incident to such corporations,
for the term of twenty-eight years.
When to insure. Sect. 2. Be it further enacted, That when the sum sub-
scribed to be insured shall amount to one hundred thousand dol-
lars, said corporation may insure, for the term of one to seven
years, any buildings, goods, furniture or books, to any amount,
not exceeding three quarters of the value of the property in-
sured.
Choice of ofli- Sect. 3. Be it further enacted. That said corporation may
cars, &c. choose such officers, and establish such by-laws, as they may

deem necessary, not repugnant to the constitution and laws of
this Commonwealth, and each member shall have as many votes
as he has policies, and may vote by proxy.
Funds how Sect. 4. Be it further enacted. That the funds of said

vested and ap- corporation shall be vested in stocks, or loaned on such securi-

propriated. ^ i i- i i i u i • t c

ty as the directors may order, and shall be appropriated nrst to
pay the expenses of the corporation, and next to pay the dama-
ges which any member may be entitled to recover on his policy.
In case any member shall have a just claim upon the corpora-
tion exceeding the amount of their then existing funds, the direc-
tors shall, without delay, assess such sum as may be necessary
on the members, in proportion to the amount of their premiums
and deposits for seven years, but not to exceed treble the amount
of such premiums and deposits.

Satisfaction of Sect. 5. Be it further enacted, That whenever any mem-

execuiions, &.c. ber shall rccover judgment against said corporation, he may levy
his execution on their estate or funds, but if sufficient estate or
funds cannot be found, he may levy the same on the private

Proviso. property of any one of the directors : provided, they first re-

fuse or neglect, for the space of sixty days, to satisfy the exe-
cution, after formal demand made on them for that purpose ; and
any director, whose property may be thus taken, may sustain anac-
tion of the case against the corporation, to recover full and ade-
quate damages therefor.

Policy to create Sect. 6. Be it further enacted. That each policy of in-

'^"' surance, shall of itself, without any other ceremony, create a

lien on any building insured, and on the land under it, for the

payment of the premium stipulated in said policy, and of all as-

1828. Chap. 51—52. 751.

sessments lawfully made by virtue thereof, and this provision
shall not prevent the taking of other collateral security.

Sect. 7. Be it further enacted.^ That in case it sliould Proceedings in
become necessary to resort to the lien on the property insured, to^the'^l'ie^n.**'"
the treasurer shall demand payment of the insured, or his legal
representative, and likewise of the tenant in possession, and in
case of non-payment, the corporation may sustain an action for
any sum due, either on the deposit note or by assessment, and
their execution may be levied on the premises insured, and the
officer making the levy may sell the whole or any part of the
estate at auction, giving notice and proceeding in the same man-
ner as is required in the sale of equities of redemption on exe-
cution, and the owner shall have a right to redeem the estate by
paying the cost of sale, the amount of the execution, and twelve
per cent interest thereon, within one year from such sale.

Sect. S. Be it further enacted, That this corporation shall Liability to tax-
be liable to be taxed by any general law of this Commonwealth, "^'°"-
taxing other similar institutions, and any member named in this
act may call the first meeting by advertising the same in any First meeting,
newspaper printed in the county of Bristol. [Feb. 13, 1829.]

An Act to incorporate the Trustees of Partridge Academy in Duxbur3'. ^, ^^

Sect. 1. BE it enacted by the Senate and House of Repre- ^^^F' ^'^'
sentatives, in General Court assembled, and by the authority of
the same, That John Allyn, of Duxbury, Zephaniah Willis, Persons incor-
of Kingston, James Kendall of Plymouth, Samuel A. Frazier, P"""^'^ •
of Duxbury, and John Seaver, of Kingston, with their asso-
ciates and successors, are hereby appointed and confirmed Trus-
tees of Partridge Academy in Duxbury, to receive, hold, man-
age and improve, all the estate bequeathed to the said trustees,
in trust by George Partridge, Esq., late of said Duxbury, de-
ceased, in and by his last will and testament, for the establish-
ment of an academy in said Duxbury, and shall constitute a body
politic and corporate, for the due and faithful execution of said
trust, and shall be vested with all the powers incident to cor-
porations, necessary and requisite for that purpose.

Sect. 2. Be it further enacted, That the said trustees, Powers of the
for the time being, shall be the visitors and governors of said in- tfusiees, eiec-

, ,, i r M r • • 1 1 *'o" 01 omcers,

stitution, shall have lull powei', Irom tune to time, to elect such &c.
officers thereof as they shall judge proper, and fix the tenure of
their respective offices, to remove from office any trustee when
he shall become incapable, from age or otherwise, of discharg-
ing the duties of his office, to fill all vacancies in the board of
trustees, to make all reasonable rules, orders and by-laws, with
reasonable penalties, provided the same be not repugnant to the
constitution and laws of this Commonwealth, and generally to
perform whatever is incumbent on (hem to effect the intention of
the donor, to increase the number of said trustees if they see
fit, to any number not exceeding eleven.

Sect. 3. Be it further enacted. That the said trustees shall Treasurer,
choose, annually, one of their number as treasurer, who shall

752

1828.-

-Chap. 62—53.

Clerk.

Donations.

Proviso.

First meeting

Legislative con-
trol.

Chap. 53.

Persons incor-
porated.

Powers and
privileges.

Real and per-
sonal estate.

First, meeting

give bonds to the acceptance of the trustees, and the treasurer,
for the time being, shall, under the direction of the trustees, and
by virtue of the will aforesaid, receive, invest, and pay out, from
time to time, the money bequeathed, and the trustees are here-
by empowered to choose, annually, a clerk, who shall be duly
sworn to the faithful performance of the duties of his office.

Sect. 4. Be it further enacted, That the said trustees, be-
sides the money bequeathed as aforesaid, may receive, manage
and improve, all subscriptions, grants and donations, of real and
personal estate, that may hereafter be made for the use and ben-
efit of the said institution : provided, that such subscriptions,
donations and grants shall not exceed the sum of twenty thou-
sand dollars, in addition to the bequest aforesaid.

Sect. 5. Be it further enacted, That Samuel A. Fra-
zier, be, and is hereby authorized and empowered, to call the
first meeting of the trustees, and to give them notice thereof.

Sect. 6. Be it further enacted. That this act maybe alter-
ed or repealed by the Legislature at any future time. [Feb.
13, 1829.]

An Act to incorporate the Massic Falls Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Joel Stone, Jr., Zacheus Fletcher, Horatio
Boyden, Amos Hodgman, Lowell Adams, and iMoody Thomp-
son, with their associates, successors and assigns, be, and they
hereby are made a corporation, by the name of the Massic Falls
Manufacturing Company, for the purpose of manufacturing cot-
ton and woollen 2;oods, iron and paper, in the town of Lowell,
and county of Middlesex, and for tliis purpose shall have all the
powers and privileges, and be subject to all the duties and require-
ments, contained in an act passed on the third day of March, in
the year of our Lord one thousand eight hundred and nine, enti-
tled " an act defining the general powers and duties of manufac-
turing corporations" and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation
may hold and possess such real estate not exceeding in value the
sum of one hundred thousand dollars, and such personal estate,
not exceeding in value the sum of one hundred thousand dollars,
as may be necessary and convenient for the purpose aforesaid.

Sect. 3. Be it further enacted. That any one of the per-
sons named in this act, be, and either of said persons is, hereby
authorized to appoint the time and place for holding the first
meeting of said corporation, giving ten days notice thereof to the
others, either in person or wanting, any thing in the second sec-
tion of the act aforesaid defining the general powers and duties of
manufacturing corporations to the contrary notwithstanding. [Feb.
13, 1829.]

1828. Chap. 56—57. 753

An Act to incorporate the Proprietors of the Round Hill Institution. C^hfin 56

Sect. 1. BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the
the same, That Joseph G. Cogswell, George Bancroft, and Persons incor-
Isaac C. Bates, with their associates, successors and assigns, be P*""*'^^-
and they hereby are made a body politic and corporate, by the
name of the Proprietors of the Round Hill Institution, in the
town of Northampton, in the county of Hampshire, for the ad-
vancement of the purposes of education and instruction in the
liberal sciences and arts ; and the said corporation shall have Powers and
power, from time to time, to choose a clerk, treasurer, and such pi^'viieges.
other officers as they may judge necessary, may have a common
seal, which they may alter or renew at their pleasure ; may make
contracts, sue and be sued in all actions, and prosecute and de-
fend the same to final judgment and execution, and may make
and establish any by-laws, rules and regulations for the govern-
ment of their affairs, for the division of their property into shares,
and for the sale and transfer thereof : provided, the same are not
repugnant to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That said corporation Real and per-
raay lawfully hold and possess such real estate not exceeding in s°"*' estate,
value the sum of sixty thousand dollars, and such personal estate
not exceeding in value the sum of sixty thousand dollars, as may
be necessary and convenient for the purposes aforesaid.

Sect. 3. Be it further enacted, That said corporation may. Assessments,
from time to time, at any legal meeting called for the purpose,
assess upon each share in the capital stock such sum or sums of
money as they may judge expedient for the objects of the corpo-
ration, and defraying the expenses thereof, to be paid to the
treasurer, at such times as they may direct ; and if any proprietor
shall neglect to pay any such assessment for the space of ten
days after such time of payment, it shall be lawful for the treasu- Treasurer au-
rer to sell, at public vendue, such part of the shares of such thorized to sell
delinquent proprietor as may be sufficient to pay such assess- shares,
ments, with incidental charges, giving notice in a newspaper
printed in said Northampton, of the time and place of sale, and
the sum due on each share, three weeks successively, before the
day of sale, and such sale shall be a legal transfer of the share or
shares so sold to the purchaser thereof.

Sect. 4. Be it further enacted. That any one of the per- First meeting,
sons named in this act may call the first meeting of said corpora-
tion, by personal notice of the time and place of meeting, given
to each of the persons named herein, ten days before the time of
meeting.

Sect. 5. B
at any time, alter

e it further enacted, That the Legislature may. Legislative <
• or repeal this act. [Feb. 18, 1829.] *'^°^-

An Act to incorporate the Trustees of the Hanover Academy. CflflT) ^7

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Alexander Wood, Horatio Gushing, John B. Persons incor-
Barstow, Samuel Tolman, Jr., and Horace Collamore, and their P"^^'^'^-

VOL. VI. 95

754

1828.-

■Chap. 57.

General pow-
ers.

Estate.

Proviso.

Number and
powers of the
trustees.

Proviso.

First meeting.

Leeislative con-
trol.

successors, be, and they hereby are made a body corporate, by
the name of the Trustees of the Hanover Academy ; and by
that name may sue and be sued, and prosecute and defend suits,
with power to have and use a common seal, and to make and
ordain reasonable rules and by-laws for the management and gov-
ernment of said academy, and thereby to impose reasonable pen-
alties : provided, such rules and by-laws shall not be repugnant
to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That all lands, monies, or
other property heretofore given or subscribed for the purpose of
establishing or promoting an academy in the town of Hanover,
in the county of Plymouth, or which shall hereafter be given or
granted to said trustees, for such purposes, shall be confirmed to
said trustees and their successors, for the uses in the instruments
giving or granting the same expressed, and said trustees shall be
capable of taking and holding both real and personal estate, by
gift, grant, devise or otherwise : provided, the annual income of
the same shall not exceed the sum of two thousand dollars, and
shall apply the interest, rents and profits thereof, so as most ef-
fectually to promote the design of the patrons of the institution.

Sect. 3. Be it further enacted, That the number of said
trustees shall never exceed seventeen, nor be less than eleven,
and five of whom shall be necessary to constitute a quorum for
doing business, but a less number may adjourn from time to time,
and the said trustees shall be the visitors and governors of the
institution, shall have power from time to time to elect such offi-
cers and instructors as they shall judge necessary and convenient,
and fix the tenure of their respective offices, and prescribe their
respective duties, and they shall annually elect a treasurer, who
shall give bonds to the acceptance of the trustees, for the right
management of the funds of the corporation, and a secretary,
who shall be sworn to the faithful discharge of the duties of his
office, and they shall have power to remove from office any trus-
tee, when he shall become incapable, by reason of age or other-
wise, of discharging the duties of his office, and to fill all vacan-
cies in the board of trustees : provided, a majority of all the
trustees shall be necessary to elect or remove a member of the
board ; and the said trustees may sell and convey by deed, under
their common seal, signed, acknowledged and delivered by their
secretary, all real estate which they may have a right to sell.

Sect. 4. Be it further enacted, That Alexander Wood,
Esq., be authorized to call the first meeting of said trustees, by
publishing notice of the time and place thereof, three weeks suc-
cessively in the Old Colony Memorial, and by giving ten days
personal notice to each trustee.

Sect. 5. Be it further enacted, That this act may be al-
tered or repealed by the Legislature at any time hereafter.
[Feb. 18, 1829.]

1828. Chap. 58. 765

An Act to incorporate the Lowell Institution for Savings. ChCLJ). 68.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Warren Colburn, Samuel Bachelder, Phineas Persons incor-
Whiting, Paul Moody, Theodore Edson, James G. Carney, por^ied.
Nathaniel Wright and John Avery, together with such other
persons as have associated, or may hereafter associate with them,
be, and they hereby are constituted a corporation, by the name
of the "Lowell Institution for Savings," and shall so continue
for the term of thirty years.

Sect. 2. Be it further enacted, That said corporation shall Deposits.
be capable of receiving from any person disposed to obtain and
enjoy the advantages of said institution, any deposit or deposits
of money, and to use and improve the same for the purposes and
according to the directions herein provided.

Sect. 3. Be it further enacted, That all deposits of money Useof deposits
received by said corporation, shall be by them used and improved »"<? appiicauon
to the best advantage, and the income and pro6t thereof shall be
applied and divided among the persons making the said deposits,
their executors, administrators or assigns, in just proportion, and
the principal of such deposits may be withdrawn at such times
and in such manner as said corporation shall direct and appoint.

Sect. 4. Be it further enacted. That said corporation may, Election of
at any legal meeting, have power to elect by ballot any other members,
persons as members of said corporation.

Sect. 5. Be it further enacted. That the said corporation Common seal,
may have a common seal, which they may change at pleasure ;
that all deeds, grants, covenants and agreements made by their
treasurer, or any other person by their authority, shall be good
and valid ; and the said corporation shall at all times have power
to sue, and may be sued, and defend, and be held to answer, by
the name aforesaid.

Sect. 6. Be it further enacted. That the said corporation Meeting-s,
shall hereafter meet at Lowell, some time in the month of May, choice of offi-
annually, and as much oftener as they may judge expedient, and '
any seven members of the said corporation, the president, secre-
tary or treasurer being one, shall be a quorum ; and the said cor-
poration, at their annual meeting, shall have power to elect a,
president, and a treasurer, who shall give bond in the sum of ten
thousand dollars for the faithful discharge of the duties of his of-r
fice, and all such other officers as to them shall appear necessary,
which officers, so chosen, shall continue in office one year, and
until others are chosen in their stead ; and all officers, so chosen,
shall be under oath to the faithful discharge of the duties of their
offices respectively.

Sect. 7. Be it further enacted, That said corporation may By-laws,
make by-laws for the more orderly management of their business,
provided the same be not repugnant to the constitution and laws
of this Commonwealth ; and the Legislature may at any time
make such further regulations for the government of said institu-
tion as they may deem expedient.

756

1828.-

■Chap. 58—61.

Fii4t meeting.

Legislative
control.

Chap, 59.

Rates of wharf-
age.

Legislative con-
trol.

Chap. 61,

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

Sect. 8. Be it further enacted, That either of the persons
named in the first section of this act, may, by a public notifica-
tion in the newspaper printed in Lowell aforesaid, call the first
meeting of said corporation, at such time and place as he shall
judge proper.

Sect. 9. Be it further enacted, That the Legislature may,
at any time hereafter, alter, amend or repeal this act. [Feb. 20,
1829.]

An Act to authorize David Dimmick and others to build a Wharf in the Town of

Sandwich.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That David Dimmick, .Junior, Ebenezer Nye, Free-
man Wing and D. Lawrence, and their associates, be, and they
hereby are authorized to erect and maintain a wharf, at a place
called Red Brook landing, in said town of Sandwich, and the
same to extend below low water mark, as far as may be neces-
sary for the accommodation of such vessels as usually load and
unload at said landing : provided, hotvever, that the proprietors of
said wharf shall never exact any greater rates of wharfage than
the following, viz : eight cents per cord for wood and bark, eight
cents per thousand for lumber, four cents for hogsheads, one
cent for barrels, and for other articles eight cents per ton, except
grain, which shall be one fourth of one cent per bushel.

Sect. 2. Be it further enacted, That this act may be altered,
amended or repealed, at the pleasure of the Legislature. [Feb.
20, 1829.]

An Act to incorporate the Hampshire Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same. That William P. Greene, Joseph Russell and
Thomas Dixon, together with such others as now have, or may
hereafter associate with them, their successors or assigns, be,
and they are hereby made a corporation, by the name of the
Hampshire Manufacturing Company, for the purpose of manu-
facturing cotton and woollen yarn and cloth in the town of Ware,
in the county of Hampshire, and of making and selling machi-
nery, castings and gearing, and for this purpose shall have all the
powers and privileges, and shall be subject to all the duties and
requirements, prescribed and contained in an act passed the third
day of March, in the year of our Lord one thousand eight hun-
dred and nine, entitled " an act defining the general powers and
duties of manufacturing corporations," and the several acts in
addition thereto.

Sect. 2. Be it further enacted, That the said Hampshire
Manufacturing Company, in their corporate capacity, may law-
fully hold and possess such real and personal estate as may be
necessary and convenient for carrying on the said manufactures :
provided, the value of such real estate shall not exceed two
hundred thousand dollars, and the value of such personal estate
shall not exceed three hundred thousand dollars. [Feb. 20,
1829.]

1828. Chap. 63—65. 757

An Act ceding to the United States pcrinissioa to erect a Breakwater, near the mouth (^hnv) fi'^
of the River Merrimack, and jurisdiction over a Tract of Land necessary for that 1 ' '

purpose.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same^ That the consent of this Commonwealth be, and the Land ceded to
same is hereby granted to the United States, to construct a pier F'^/'"''^
or breakwater, near the mouth of the river Merrimack, in the
town of Newbury, in tlie following described limits, to wit : —
Beginning at a point near the northern extremity of Plum Island,
thence running westerly to Woodbridge's Island, thence wester-
ly across Woodbridge's Island aforesaid, thence westerly to a
point at least two thousand five hundred feet short of Company
or Coffin's wharf, in Newburyport. Also, to take and hold the
land necessary for the purposes of said pier and breakwater, be-
ing a tract extending in length not further than the limits herein
before described, and in breadth not more than fifty feet : provi- provisos.
ded^ that a plan or map of said premises be deposited in the
office of the secretary of state of this Commonwealth, and that
this Commonwealth shall retain, and does hereby retain concur-
rent jurisdiction with the United States, in and over said land,
so far that all civil and criminal process, issued under the author-
ity of this Commonwealth, or of any officer thereof, may be ex-
ecuted on any part of said premises, as fully and effectually, as
if this act had not been passed : and provided, also, that the
courts of this Commonwealth shall have jurisdiction of all offen-
ces against the laws thereof, committed on said land, in the same
manner as if this act had not been passed.

Sect. 2. Be it further enacted, That all persons whose land Compensation,
shall be taken by the United States, their agents or commission-
ers, for the purpose of constructing said pier or breakwater,
shall be entitled to compensation : the amount of said compen-
sation, if the parties cannot agree thereon, to be ascertained in
the way prescribed by law for damages sustained by individuals
whose lands are taken for public roads in this Commonwealth.
[Feb. 20, 1829.]

An Act to authorize the placing' of Moorings in Holmes Hole Harbour. CKCLt) 65

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same. That, from and after the passing of this act, it shall Wardens to
be the duty of the wardens of the port and district of New Bed- IT moorings!
ford, upon application of any owner of any vessel in the towns
of Edgartown and Tisbury, in Dukes county, to grant a license
to such owner, if they shall see fit, after having personally ex-
amined into the propriety of granting the same, to place any
mooring or moorings in Holmes Hole harbour, and said moor-
ings shall be of such construction, and shall be put in such
places, as the wardens aforesaid may direct : provided, however, Proviso,
that the wardens aforesaid shall not authorize the placing of any
mooring in a greater depth of water than twelve feet ; and each
of said wardens shall be entitled to a compensation for his ser-

768 1828. Chap. 65—68.

vices, not exceeding three dollars for each and every day he
may be employed in performing the duties required by this act.
Moorings con- Sect. 2. Beit further enacted, That it shall and may be
^'""^ ' lawful for the owners of any moorings already placed in Holmes

Hole harbour, to continue the same, if they shall be authorized
thereto by the license of the wardens aforesaid, in the manner
herein before prescribed. [Feb. 20, 1829.]

C^hfll) 66 ^^^ ^^^ '" addition to an Act to incorporate the President, Directors and Company of
i' ' the Sutton Bank.

1827 ch. 122. g^ ^-^ enacted by the Senate and House of Representatives, in

General Court assembled, and by the authority of the same,
Time for pay- That SO much of the second section of the act to which this is
s°fck extended. '" addition, as requires the payment of fifty thousand dollars of
the capital stock of said corporation on or before the first day of
March next, be, and the same is hereby repealed, and the said
fifty thousand dollars shall be paid in gold and silver in the man-
ner following : twenty-five thousand dollars on or before the first
day of June next, and the remaining twenty-five thousand dol-
lars on or before the first day of October next. [Feb. 20, 1S29.]
Original act repealed 1829 ch. 64.

f^hnn fi7 ■'^" ^^^ '" addition to an Act entitled "An Act to incorporate the President, Direc-
KyllLlJJ, U I . jQ^g gjjji Company of the Central Bank in Worcester."

1827 ch. 131. yjg \i enacted by the Senate and House of Representatives, in

General Court assembled, and by the authority of the same,

Time for pay- That a fiu'tlier time be granted to said corporation for paying in

ing in capital their cai)ital stock, and that the same maybe paid in at such

StOCK 6XtCllu6u* ^ ■ . •

' time or times as said corporation shall direct : provided, that
fifty thousand dollars thereof be paid into said bank in specie,
and the bank be put into operation according to the original
charter, on or before the first day of July next, and the remain-
der witliin six months thereafter. [Feb. 20, 1829.] Add. act,
1830 ch. 58.

f^hnn fiR ■^" ^^"^ '" incorporate the Charles Street Baptist Society in the City of Boston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of

Persons incor- the Same, That William Goddard, Ward Jackson, John M.

porated. Peek, Daniel R. Griggs, William W. Blake, William Beals

and John B. Jones, with their associates and successors, be,
and they are hereby incorporated as a religious society, in the
city of Boston, by the name of the Charles Street Baptist So-

Powers and pri- ciety, with all the powers and privileges to which other religious

vileges. societies are entitled by^ the constitution and laws of this Com-

monwealth, and subject to all the duties and liabilities to which
other religious societies are subject.

Estate. Sect. 2. Be it further enacted. That said society shall be

capable in law to purchase, hold and dispose of any estate, real
or personal, for the use of said society : provided, the income
thereof shall not, at any time, exceed the sum of three thousand
dollars per annum.

By-laws. Sect. 3. Be it further enacted, That said society shall

1828 Chap. 68—70. 769

have power to establish such regulations, rules and by-laws for
their government, and for the management of their concerns, as
they may see fit, provided the same are not repugnant to the con-
stitution and laws of this Commonwealth. [Feb. 20, 1829.]

An Act to alter and establish the Boundary Line between the Towns of Rutland and (^AflW, 69.
Paxton. "'

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That instead of the present boundary line between
the towns of Rutland and Paxton in the county of Worcester,
the following line be established and known as the boundary line
between said towns, to wit : — beginning at a stone monument at
the southeasterly corner of the said town of Rutland, on the Boundary line,
line betw^n the towns of Holden and Paxton, and from thence
running south eighty degrees, west, thirty and one half rods, to
a stone monument at the road near the dwelling-house of Ste-
phen Fessenden, thence running south, sixty-eight degrees and
twenty minutes, west, six hundred and forty-nine rods, to a stone
monument between the dwelling-houses of Samuel Chickering
of said Rutland, and of John T. Metcalf of said Paxton, thence
running south eighty-eight degrees and one half, west, three
hundred and ten rods, to a stone monument at the northwester-
ly corner of the said town of Paxton.

Sect. 2. Be it further enacted, That no past settlement of Settlement of
a pauper shall be altered or affected by the alterations of the Paupers.
line between said towns. \_Feb. 20, 1829.]

An Act to incorporate the Warren Institution for Savings, in the Town of Charles- /~»yL„~j >^C\

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and. by the authority
of the same. That David Stetson, John Svveetser, Loammi Persons incor-
Kendall, Elisha L. Phelps, Joseph Hunnewell, John M. Rob- P"""^^® '
ertson, Lot Pool, James K. Frothingham, Henry Jaques, Sim-
eon Flint, Edward Adams, Joseph Carter, Thomas Pike, Reu-
ben Hunt, John Gregory, Benjamin Brintnall and Benjamin
"Whipple, and such others as maybe duly elected, and their suc-
cessors, be, and they are hereby incorporated into a body poli-
tic, by the name of the Warren Institution for Savings.

Sect. 2. Be it further enacted. That the said corporation Deposits,
shall be capable of receiving, from any person or persons dis-
posed to obtain and enjoy the advantages of said institution, any
deposit or deposits of money, and to use and improve the same
for the purposes, and according to the directions herein mention-
ed and provided.

Sect. 3. Be it further enacted. That all deposits of money income of de-
received by said institution, shall be by them improved to the po^'ts.
best advantage, and be invested in such manner as best to pro-
mote the objects of the institution, and the income or profit
thereof shall be by them divided among the persons making the
said deposits, their executors, administrators or assigns, in just

760

1828.-

■Chap. 70.

proportion, with reasonable deductions for expenses, and the
principal of such deposits may be withdrawn at such times, and
in such manner, as the said institution siiall direct and appoint.

Membership. Sect. 4. Be it further enacted, That the said corporation

shall, at any legal meeting, have power to elect by ballot any
other person or persons as members of said institution, and any
member, upon filing a written notice with the president thereof,
three months prior, may, upon any annual meeting of said cor-
poration, withdraw and forever dissolve his connection with the
same.

Generaipowers. Sect. 5. Be it further enacted, That the said corporation
may have a common seal, which they may alter and renew at
pleasure, and that all deeds, conveyances, grants, covenants, con-
tracts and agreements, made by their treasurer or any other per-
son or persons by their authority and direction, shall be good
and valid, and the said corporation shall, at all times, have pow-
er to sue and may be sued, and may defend, and shall be held to
answer by the name, style and title aforesaid.

Meeiinffs. Sect. 6. Be it further enacted, That the said corporation

shall hereafter meet at Charlestown, some time in the month of
April, annually, and at such other times as the corporation may di-
rect, and any nine members of said corporation, the president, treas-
urer or secretary being one, shall be a quorum, and the said
corporation, at their first meeting, and at tlieir meetings in April
annually, shall have power to elect, by ballot, a president, and a
treasurer, who shall give bond in the sum of ten thousand dol-
lars, for the faithful discharge of the duties of his office, and
such other officers as to them shall appear necessary, which of-
ficers, so chosen, shall continue in office one year, and until
others are chosen in their stead, and all officers, so chosen, shall
be under oath to the faithful performance of the duties of their
offices respectively.

Sect. 7. Be it further enacted, That the officers and
agents of the said institution shall lay a statement of the affairs
thereof before any persons appointed by the Legislature to ex-
amine the same, whenever required so to do, and shall exhibit
to them all the books, and papers relating thereto, and shall sub-
mit to be examined by them concerning the same under oath.

Sect. 8. Be it further enacted, That the said corporation
shall have power to make by-laws for the more orderly mana-
ging of their concerns, provided the same are not repugnant to
the constitution and laws of this Commonwealth ; and the Leg-
islature may at any time make such further regulations for the
government of the said institution, as they may deem expedient,
and may, at any time hereafter, alter, amend or repeal this act.

First meeting. Sect. 9. Be it further enacted, That any one of the per-
sons named in this act shall have power to call the first meeting
of the said corporation at such time and place as he may judge
proper, by giving personal notice to each individual named in
this act. [Feb. 21, 1829.]

Ciioice of offi
cers.

Legislative
examination

By-laws, (fee.

1828. Chap. 71. 761

An Act to incorporate the Minister, Wardens, Vestry and Proprietors, of St. John's QJiap, 7 1 .
Churcli, in tlie town of Northampton. •*

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Joseph G. Cogswell, Joseph Muenscher, Ed- Persons incor-
ward Parsons, La Atkins, A. E. Watson, George Pierce, and po^aied.
Amherst Thompson, together with such others as have associa-
ted or may hereafter associate with them, and their successors,
with their polls and estates, be, and they hereby are incorpora-
ted into a society or body politic by the name of the Minister,
Wardens, Vestry and Proprietors of St. John's Church in
Northatnpton, with all the powers and privileges and subject to Pow;ers and
all the duties and restrictions of parishes established by law, and P"^'«S^s-
by their said corporate name may sue and be sued, and may
have and use a common seal and the same alter at pleasure at
any legal meeting of the society, and may ordain and establish
such by-laws and regulations as to them may seem necessary
and convenient for the government of said society, and the man-
agement of their ministerial and parochial funds : provided, such
by-laws and regulations shall be in no wise contrary to the con-
stitution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That said society may Estate,
purchase, receive by gift or otherwise, and hold real and per-
sonal estate, the value of which shall not exceed thirty thousand
dollars, for the purpose of building a church, and supporting
public worship therein, and that all gifts, grants or monies re-
ceived by said society, shall be under the direction of the war-
dens and vestry for the time being, agreeably to the usages of
the Protestant Episcopal Church of the United States.

Sect. 3. Be it further enacted, That the said society. Assessments on
at any annual meeting or adjournment thereof, may assess and P^""-
levy upon the pews of the church about to be erected, such
sum or sums of money as may be necessary to pay the salary of
the minister, and for defraying such other expenses as the said
society may incur by reason of any repairs or additions to said
church, or in support of the public worship of God, according
to the principles, rights and usages of the protestant episcopal
church ; and all such sums of money as shall be assessed or
paid by virtue of this act shall be apportioned according to a
valuation thereof made by a committee, appointed by the said
society for that purpose, and recorded in the clerk's book, of
the society.

Sect. 4. Beit further enacted. That, if the owner or Saieofdelin-
ovvners of any pew or pews in said church shall neglect or refuse q^ents' pews,
to pay such sum or sums as may be assessed on such pew or pews,
six months after notice of such assessment, the said society are
hereby authorized to sell such pew or pews at public auction,
by giving three weeks previous notice of the time and place of
sale, in some newspaper published in Northampton, and the
money arising from such sale, after first deducting the assess-
ments due on such pew or pews and the expenses of sale and

VOL. VI. 96

762

1828..

■Chap. 71—72.

Membership,
and right of
voting.

Assessments,
when valid.

Record of
deeds.

First meeting.

Legislative con-
troH

collection, shall be lodged in the hands of the treasurer of said
society, to be paid by liini to such delinquent owner or owners
on demand.

Sect. 5. Be it further enacted^ That any person, who shall
become owner of any pew or pews in said church, shall be
deemed and become a member of said society, and at all meet-
ings of said society, any member or members, being owners of a
pew or pews as aforesaid, shall be entitled to as many votes as
the number of pews he or they shall own in said church, and no
more, and every other person, who may become a member of
said society agreeably to the provisions of law, and is not at the
same time the owner of a pew as aforesaid, shall be entitled to
one vote only.

Sect. 6. Be it further enacted^ That no assessment on the
pews of said church, for any of the purposes aforesaid, as men-
tioned in the third section of this act, shall be valid or binding, un-
less two thirds of the votes of all the pew proprietors in said church
shall be in favor of such assessment, allowing one vote to every
pew, and any owner or owners of a pew or pews as aforesaid
shall at all meetings of said society be allowed to vote by proxy.

Sect. 7. Be it further enacted^ That all deeds of pews in
the church, which may be made by said society, shall be record-
ed, within three months after the same are delivered, in the book
of the clerk of said society, and need not be recorded in the of-
fice of the town clerk, or of the register of deeds.

Sect. 8. Be it further enacted^ That any three of the per-
sons named in this act may call the first meeting of said society,
by giving public notice of the lime and place of holding the same
in the Hampshire Gazette.

Sect. 9. Be it further enacted, That this act may be alter-
ed, amended or repealed at the pleasure of the Legislature.
\_Feh. 24, 1829.]

Chap. 72.

Persons con-
firmed and
incorporated
as trustees.

Treasurer.

An Act to incorporate the Trustees of the Partridge Ministerial Fund, in Duxbury.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives., in General Court assembled^ and by the authority of
the same^ That Levi Loring, Isaiah Alden, Gershom B. Wes-
ton, Samuel A. Frazur and George P. Richardson, all of Dux-
bury, in the county of Plymouth, and their successors, are hereby
appointed and confirmed as Trustees of the Partridge Ministerial
Fund, in the town of Duxbury, to receive, hold, manage and
improve the property bequeathed to the said trustees, for the
purpose aforesaid, by George Partridge, Esquire, late of Dux-
bury, deceased, in and by his last will and codicil, the interest
whereof is to be appropriated and applied to the support of the
minister of the first congregational church and parish in said
town ; and shall constitute a body politic and corporate, by the
name of the Trustees of the Partridge Ministerial Fund in the
First Parish in Duxbury.

Sect. 2. Be it further enacted, That said trustees shall
choose annually one of their number as treasurer, who shall give

1828. Chap. 72—73. 763

bond to the acceptance of the trustees, and the treasurer, for the
lime being, shall, under the direction of the trustees, receive and
pay out the interest of said fund, agreeably to the will of the do-
nor, and the trustees are hereby empowered to choose, annually,
a clerk, who shall be sworn to the faithful discharge of the duties Clerk.
of his office, and any other officer they may deem necessary for
their government and regulation.

Sect. 3. Be it further enacted^ That said trustees shall Removal of
have power to remove from office any trustee, when he shall be- if"stees, &c.
come incapable, from age or otherwise, of discharging the duties
of his office, and to fill all vacancies in the board of trustees, and
to make all reasonable and lawful by-laws and regulations.

Sect. 4. Be it further enacted^ That it shall be the duty Trustees to re-
of the trustees to report yearly to said parish, at their annual fh°e fulld aniu °^
meeting, in March or April, the true state of said fund for the ally.
time being.

Sect. 5. Be it further enacted^ That Samuel A. Frazur First meeting,
be, and he hereby is authorized to call the first meeting of the
trustees, by giving them personal notice at least seven days be-
fore the time of holding such meeting.

Sect. 6. Be it further enacted^ That this aci may be al- Legislative
tered or repealed at the discretion of the Legislature. \_Feh. 24, *^°""^° *
1829.]

An Act to incorporate the Second Congregational Parish in the town of Milton. C^hnr) 73

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Willard Felt, John Adams, James Adams, Persons incor-
Daniel H. Adams, Jonathan Beal, Junior, Zebediah Williams, P^''^'^'^-
John M. Adams, Zebediah Williams, Junior, Joseph Ewell,
Junior, Henry Littlefield, Jeremiah T. Fenno, Jonathan F.
Wellington, James Hall, Edward Glover, Samuel Marden, Grid-
ley Bryant, William Newcomb, Joseph S. Beal, Benjamin Beal,
John Rand, Lewis Baxter, Jonathan Beal, Ezra Beal, Josiah
Patch, William B. Duggan, James M. Glover and John R.
Rovvell, with such others as may associate with them, and their
successors, be, and they are hereby incorporated for religious
purposes, into a parish, by the name of the Second Congrega-
tional Parish in Milton, with all the powers and privileges, and Powers and
subject to all the duties and obligations usually annexed to other P"vileges.
parishes by the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted. That said parish may re- Estate,
ceive, hold and possess, use and manage, by such agents or trus-
tees as they may elect for that purpose, any estate, real or per-
sonal, not exceeding twenty thousand dollars, exclusive of the
meeting-house, and the land under the same : provided, the
income arising from said estate shall be appropriated exclusively
to parochial purposes.

Sect. 3. Be it further enacted. That this act may be al- Legislative
tered, amended or repealed at the pleasure of the Legislature. <^°"^'^°'-
[Feb. 24, 1829.]

764

1828.-

-Chap. 74 — 75.

Chap, 74.

Persons incor-
porated.

Powers.

Proviso.

Estate and ap-
propriation of
the income.

Removal of
trustees.

First meeting.

Legislative con^
troE.

Chap. 75.

Persons incor-
porated.

By-laws.

An Act to incorporate the trustees of the Eames Ministerial Fund in Hollisfon.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Samuel Bullard, Abner Johnson, Timothy
Fiske, Charles Marsh and James Cutter, all of Holliston, be,
and they are hereby made a body corporate, by the name of the
Trustees of the Eames Ministerial Fund in Holliston, and they
shall have full power and authority to make and ordain all neces-
sary regulations and by-laws for their own government, and the
security and management of said fund, provided the same be
consistent with the constitution and laws of this Commonwealth :
and provided also, that the same be approved by the town of
Holliston, at any regular meeting or meetings duly holden for
that purpose.

Sect. 2. Be it further enacted. That said trustees shall
have })ower, and it shall be their duty to receive, secure, invest
and hold, all monies or other property, or estate, given and be-
queathed to the town of Holliston by Aaron Eames, late of said
Holliston, deceased, in and by his last will and testament, the
same having been given and bequeathed as above mentioned,
upon the special trust and confidence, that the principal thereof
should be put on interest, and safely secured as a permanent
fund for the support of the gospel, and the interest and income
of the same faithfully applied to the maintenance of a minister in
said town of Holliston, as in and by the same last will and testa-
ment is particularly expressed and declared.

Sect. 3. Be it further enacted. That the said town of Hol-
liston shall have power, and it shall be their duty, at any meet-
ing thereof, duly holden for that purpose, to remove from office
any trustee, whenever, by reason of age or other incapacity, they
may consider him incompetent to the discharge of the duties of
that trust, and they shall also have power, and it shall be their
duty, at a like meeting, to fill all vacancies which may from any
cause happen in said board of trustees.

Sect. 4. Be it further enacted, That Samuel Bullard,
above named, be, and he is hereby authorized to call the first
meeting of said trustees, by giving to each personal notice there-
of, seven days at least before the time of holding the same.

Sect. 5. Be it further enacted, That the powers given in
and by this act may at any time be altered, annulled or repealed,
at the pleasure of the Legislature. [Feb. 24, 1829.]

An Act to incorporate the Trustees of the Baptist Church Fund in Canton.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Ezra Tilden, Nathan Tucker and Friend
Crane, be, and they hereby are constituted a body politic, by the
name of the Trustees of the Baptist Church Fund in Canton,
and said trustees shall have power to make such by-laws, for
their own government, and for the management of said funds, as
they liiay deem necessary, not repugnant to the constitution and
laws of this Commonwealth.

1828. Chap. 75—76. 765

Sect. 2. Be it further enacted^ That said trustees shall Subscriptions,
have power to collect, receive and hold all such subscriptions, confirmed to*^
donations, grants and bequests, of real or personal estate, as have trustees.
been made to said baptist church, or may hereafter be made to
the said trustees, for the use and benefit of said baptist church,
and the same shall be valid and effectual to all intents and pur-
poses whatever : provided^ the annual income shall not exceed
one thousand dollars.

Sect. 3. Be it further enacted, That the income of said Appropriation
funds shall be appropriated and expended for the support of a o'''"come.
gospel minister of said baptist church, but no part of the principal
of said funds shall be so expended, except in cases of donations
or grants, wherein express authority may have been given by do-
nors or grantors for that purpose.

Sect. 4. Be it further enacted, That said trustees shall Trustees may
have power to lease or sell, at their direction, the pews in the s^^'ip^^^*
meeting-house belonging to said church, and, in case they shall
sell said pews, they shall add the proceeds of such sale to said
funds, and apply the income thereof to the support of the gospel
baptist ministry, as herein before provided.

Sect. 5. Be it further enacted, That whenever any vacan- Vacancies,
cy shall happen in said board of trustees, by death, resignation or
otherwise, the male members of said baptist church, at a meeting
notified for that purpose, may fill such vacancy, but the number
shall never exceed three, and Ezra Tilden, above named, is First meeting,
hereby authorized to call the first meeting of said trustees, by
giving them personal notice of the time, place and purposes thereof.

Sect. 6. Be it further enacted, That this act may be al- Legislative
tered, amended or repealed, at the pleasure of the Legislature. <^o"""°'-
[Feb. 24, 1829.]

An Act to incorporate the North Adams Cotton and Machine Manufacturing Com- f^hfin HR

Sect, 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Thomas Higginbottom, Daniel P. Merriam and Persons incor-
Ralph Howaid, together with such other persons as already have, Pirated.
or may hereafter associate with them, their successors and assigns,
be, and they are hereby made a corporation, by the name of the
North Adams Cotton and Machine Manufacturing Company, for
the purpose of manufacturing cotton yarn and cloth, and for the
purpose of making machinery, in the town of Adams, county of
Berkshire, and for this purpose shall have all the powers and priv- Powers and du-
ileges, and be subject to all the duties and requirements, contained *'^^'
in an act, passed the third day of March, in the year of our Lord
one thousand eight hundred and nine, defining the general powers 1808 ch. 65.
and duties of manufacturing corporations, and the several acts in
addition thereto.

Sect. 2. Be it further enacted. That said corporation may Real and per-
be lawfully seized of such real estate, not exceeding the value of ^°"^' estate.
fifty thousand dollars, and such personal estate, not exceeding

766

1828.-

•Chap. 76—78.

the value of fifiy thousand dollars, as may be necessary for the
purposes aforesaid. [Feb. 24, 1829.]

Chci'Pt 11 m •'^" •'^''T authorizing tiie First Parish in Methuen to dispose of their Parsonage Lands.

Sect. 1. RE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
Sale of parson- ^/le same, That the first parish in Methuen be, and ihey are
hereby authorized to make sale of their parsonage lands and
buildings : provided, the net proceeds of such sale shall be in-
vested in a permanent fund, with sufficient and adequate land se-
curity, the interest of which shall be appropriated towards the
support of the gospel in the congregational society in said parish :
and provided, also, that the minister or ministers of said parish,
if any such there be, at the time of the sale, assent thereto, and
join in the conveyance of the property sold.

Sect. 2. Be it further enacted. That the said parish, under
the restriction aforesaid, may authorize their clerk, or such other
person or persons as the said parish may appoint, to make sale
of the aforesaid parsonage land and buildings, and also to make
and execute the necessary conveyance or conveyances thereof,
for, and in the name, and on behalf of the said parish, under
such restrictions as they may direct. \^Feb. 24, 1829.]

age lan<ls au
thorized.

Proviso.

Conveyance of
lands.

Chap. 78.

Persons incor-
porated.

By-laws.

Estate.

Shares and as-
sessments.

First meeting

An Act to incorporate the Proprietors of the South Parish Meeting-house in Brain-
tree.

Sect. 1 . ^-E it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William Blake, Isaac Dyer, David Holbrook,
Peter Dyer, John R. Hollis, and others, who have associated,
or may hereafter associate with them, for the purpose of build-
ing a meeting-house in the south parish of Braintree, their suc-
cessors and assigns be, and they hereby are incorporated, and
made a body politic, by the name of the Proprietors of the
South Parish Meeting-house in Braintree, and may ordain and
establish such by-laws and regulations as to them may seem ne-
cessary and convenient, for the government of said corporation,
provided such by-laws and regulations be not repugnant to the
constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That the said corporation
may purchase and hold real and personal estate, sufficient to erect
a suitable house for public worship, a dwelling-house for the ac-
commodation of a minister, and such other buildings as may be
necessary to the enjoyment of the same, not exceeding in
amount the sum of fifteen thousand dollars, and shall divide the
same into shares, the number of which shall not be less than one
hundred, nor more than two hundred and fifty, and may make
and impose all necessary assessments on such shares.

Sect. 3. Be it further enacted. That any two of the pro-
prietors named in this act, be, and they hereby are authorized to
call the first meeting of said proprietors, by posting notifications
thereof in two public places in said Braintree, seven days before
the time of holding said meeting, staling the time, place and
purposes thereof.

1828. Chap. 78—80. 767

Sect. 4. Be it furthei- enacted., That tliis act may be al- Legislative cen-
tered, amended or repealed, at the pleasure of the Legislature. ""°'-
iFeb. 24, 1829.]

An Act to incorporate the Evangelical Congregatioiial Society in the Town of Uarrc. (JJidl), 79.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives., in General Court assembled., and by the authority of
the same, That Anson Bates, Isaac Basselt, Joseph P. Basselt, Persons incor-
Samuel M. Bassett, Simpson Eames, Harding P. Woods, po'a'ed.
Abraham Jenkins, Joseph Barrett, Oliver Barrett, Samuel
Clark, Benjamin Clark, Eraslus Clark, Thomas Clark, Israel
Demond, Arad Fay, Marshall S. Bigelovv, Silas Bemis, Seth
Caldwell, Mary McFarland, Mary Ellis, Seth Lee, Joseph Ri-
der, William Burt, Benjamin W. Childs, Hollis Freeman, Ze-
nas Winslovv, Joseph Paige, Nathan Hancock and William A.
Lee, together with those who have associated, or shall hereafter
associate with them, or their successors, for the purposes of pub-
lic worship, be, and hereby are incorporated into a religious so-
ciety, by the name of the Evangelical Congregational Society in
the town of Barre, with all the powers, privileges and immuni- Powers andpri-
ties to which other religious societies in this Commonwealth are Alleges.
entitled by law and the constitution thereof, and subject to the
same duties and requirements.

Sect. 2. Be it further enacted, That the said society shall Estate.
be capable in law to purchase, hold and dispose of any estate,
either real or personal, for the ])urpose of iiublic worship, pro-
vided the annual income thereof shall not at any time exceed
the sum of one thousand dollars.

Sect. 3. Be it further enacted, That this act may be at Legislative con-
any time altered, amended or repealed, at the pleasure of the "■°'-
Legislature. [Feb. 24, 1829.]

An Act to incorporate the Greenfield Manufacturing Company. C^hnt) 80

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Nathaniel E. Russell, Edmund Dwight, Jon- Persons incor-
athan Dwight, Junior, and Franklin Ripley, their associates, P°''a'ed.
successors and assigns be, and they are hereby made a corpora-
tion, by the name of the Greenfield Manufacturing Company,
for the purpose of manufacturing cotton and wool in the town of
Greenfield, in the county of Franklin, and for this purpose shall
have all the powers and privileges, and be subject to all the du- Powers and du-
ties and requirements contained in an act passed on the third ^'®^"
day of March, in the year of our Lord one thousand eight hun-
dred and nine, entitled " an act defining the general powers and 1808 ch. 65.
duties of manufacturing corporations," and the several acts in ad-
dition thereto.

Sect. 2. Beit further enacted, That said corporation may Real and per-
be lawfully seized and possessed of such real estate, not exceed- *°"^
ing in value the sum of fifty thousand dollars, and such personal
estate, not exceeding in value the sum of seventy-five thousand
dollars, as may be necessary and convenient for carrying on the
manufacture aforesaid. \_Feb. 24, 1829.]

768

1828.-

■Chap. 81—82.

Persons incor-
porated.

ChO'Dt 81. ^^ ^^^ '° incorporate the Managers of tiie Boston Seamen's Friend Society.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, Tliat William Reynolds, George G. Jones, Charles
Scudder, William B. Reynolds, Newton Willey, Benjamin
Howard, Francis Watts, Joseph Ballister, Andrew Bradshaw,
Ebenezer G. Parker, George Clark and Israel Decker, together
with the president, vice president, secretary and treasurer of the
Boston Seamen's Friend Society, and their successors, be, and
they are hereby incorporated and constituted a body politic, by
the name of the Managers of the Boston Seamen's Friend So-
ciety, with power to make by-laws and regulations for their own
government, and the management of the concerns of said society,
not inconsistent with the constitution and laws of this Common-
wealili, or of the United States ; to take and hold real and per-
sonal estate, not exceeding forty thousand dollars in value, and
sell and convey the same, if necessary, so as best to answer the
purposes of their incorporation.

Sect. 2. Be it further enacted, That the said managers
shall never exceed sixteen in number, of whom the president,
vice president, secretary and treasurer of the said society shall
be members, ex officio ; nine of whom shall be necessary to con-
stitute a quorum for the transaction of business ; and it shall be
the duty of said managers to fill all vacancies happening in their
board, as speedily as may be, that the interests of the society
may not suffer thereby.

Sect. 3. Be it further enacted. That the clear annual in-
come of the estate or funds of said corporation, not necessary to
be a})plied to the payment of its debts, shall be annually expended
in and applied to the religious, moral and professional instruction
of seamen, in such manner as said managers shall direct.

Sect. 4. Be it further enacted, That William Reynolds
and George G. Jones, above named, or either of them, be and
hereby are authorized to call the first meeting of said managers,
by causing a written or i)rinted notice thereof to be left at the
dwelling-house of each, at least seven days before the time of
holding said meeting.

Sect. 5. Be it further enacted, That the powers given by
this act may be altered, annulled or repealed, at the pleasure of
the Legislature. [Feb. 24, 1829.] Add. act, 1836 ch. 224.

By-laws.

Estate.

Number of
managers, &-C

[Five a quo-
rum. 1836 cli
221.]

Appropriation
of income.

First meetins

Legislative
control.

Chap. 82.

Persons incor-
porated.

An Act to incorporate the Proprietors of the Berkshire High School.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Lemuel Pomeroy, Chester Dewey, Henry
Shaw, Edward A. Newton, Samuel JNI. McKay and Thomas
B. Strong, with their associates, successors and assigns, be and
they hereby are made a body politic and corporate, by the name
of the Proprietors of the Berkshire High School, in the town
of Pittsfield, in the county of Berkshire, for the advancement of
the purposes of education and instruction in the liberal sciences
and arts ; and the said corporation shall have power, from time

1828. Chap. 82—83. 769

to time, to choose a clerk, treasurer, and such other officers as General pow-
they may judge necessary, may have a common seal, which they ^''*-
may alter or renew at their pleasure, may make contracts, sue
and be sued in all actions, and prosecute and defend the same to
final judgment and execution, and may make and establish any
by-laws, rules and regulations for the government of their affairs,
for the division of their property into shares, and for the sale and
transfer thereof : provided, the same are not repugnant to the
constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That said corporation may Real and per-
lawfully hold and possess such real estate, not exceeding in value
the sum of sixty thousand dollars, and such personal estate, not
exceeding in value the sum of sixty thousand dollars, as may be
necessary and convenient for the purposes aforesaid.

Sect. 3. Be it further enacted, That said corporation may, Assessments.
from time to time, at any legal meeting called for the purpose,
assess upon each share in the capital stock such sum or sums of
money as they may judge expedient for the objects of the incor-
poration and defraying the expense thereof, to be paid to the
treasurer at such times as they may direct ; and if any proprietor Saieofdeiin-
shall neglect to pay any such assessment, for the space of ten ^i"^"'^' shares,
days after such time of payment, it shall be lawful for the treasu-
rer to sell, at public vendue, such part of the shares of such
delinquent proprietor as may be sufficient to pay such assess-
ments, with incidental charges, giving notice in a newspaper
printed in said Pittsfield, of the time and place of sale, and the
sum due on each share, three weeks successively before the day
of sale, and such sale shall be a legal transfer of the share or
shares so sold to the purchaser thereof.

Sect. 4. Be it further enacted, That any one of the per- First meeting,
sons named in this act may call the first meeting of said corpora-
tion, by personal notice of the time and place of meeting given
to each of the persons named herein, ten days before the time
of meeting.

Sect. 5. Be it further enacted, That the Legislature may Legislative
at any time alter or repeal this act. [Feb. 26, 1829.] '=°"''°i-

An Act to incorporate the Trustees of Abbot Female Academy, in Andover. CflCLT) 83

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Mark Newman, Milton Badger, Samuel C. Persons incor-
Jackson, Samuel Farrar, Amos Blanchard, Hobart Clark, and P"'"^^^''-
Amos Abbot, be, and they hereby are incorporated into a
body politic, by the name of the Trustees of Abbot Female
Academy, and they and their successors shall be and continue a
body politic by that name forever.

Sect. 2. Be it further enacted, That all lands, monies or Donations con-
other property, heretofore given or subscribed for the purpose ^'■'nedto trus-
of erecting and establishing a female academy, in the south
parish in Andover, in the county of Essex, or which shall here-

voL. VI. 97

770

1828.-

•Chap. 83.

Limitation of
income.

Powers o/ the
trustees.

Common seal,

Number of trus-
tees.

First meeting.

Leffislative con^

L.egi

tlPOl.

after be given, granted or assigned to the said trustees shall be
confirmed to the said trustees and their successors in that trust for-
ever, for the uses which in such instruments shall be expressed ;
and the said trustees shall be capable of having, holding and tak-
ing in fee simple, by gift, grant, devise or otherwise any lands,
tenements or other estate real or personal : provided^ the annual
income of the same shall not exceed the sum of five thousand
dollars, and shall apply the interest, rents and profits thereof, so
as most effectually to promote the design of the institution.

Sect. 3. Be it further enacted, That the said trustees for
the time being, shall be the visitors and governors of said in-
stitution, and shall have full power from time to time to elect
such officers thereof as they shall judge necessary and conven-
ient, and fix the tenure of their respective offices ; to remove
from office any trustee, whenever two-thirds of the whole board
deem it expedient ; to elect two trustees in addition to the pres-
ent number, to fill all vacancies that may happen in the board of
trustees by electing suitable persons therefor, to determine the
times and places for holding their meetings, the manner of no-
tifying the trustees, the method of electing and removing mem-
bers of the board, to ascertain the powers and duties of their
several officers, to elect instructors and instructresses and pre-
scribe their duties, to make and ordain reasonable rules, orders
and by-laws with reasonable penalties for the government of the
institution : provided, the same be not repugnant to the consti-
tution and laws of the Commonwealth.

Sect. 4. Be it further enacted. That the trustees of said
academy may have a common seal which they may change at plea-
sure, and all deeds duly executed and delivered, and acknowl-
edged by the treasurer of said trustees by their order, shall be
good and valid in law, and said trustees may sue and be sued in
all actions and prosecute and defend the same to final judgment
and execution by the name of the Trustees of Abbot Female
Academy.

Sect. 5. Be it further enacted, That the number of said
trustees shall never be more than nine nor less than five, four of
whom shall be necessary to constitute a quorum for doing busi-
ness, but a less number may adjourn from time to time, and a
majority of those present shall always decide all questions, that
may properly come before the same trustees, except the ques-
tion of the removal of any member of the board.

Sect. 6. Be it further enacted, That Hobart Clark, be,
and he is hereby authorized and empowered to fix the time and
place for holding the first meeting of the trustees and to give
them notice thereof.

Sect. 7. Be it further enacted. That this act may be al-
tered or repealed by the Legislature at any time hereafter. [Feb.
26, 1829.]

1828. Chap. 84—85. 771

An Act to incorporate the South Parish, in the town of Braintree. Ckcip, 84.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Peter Dyer, Isaac Dyer, William Blake, Da- Persons incor-
vid Holbrook, John R. Hollis, Samuel A. Allen, Joseph poraied.
Dyer, 2d., Warren Mansfield, Ezra Dyer, and others, who have
associated or may hereafter associate with them, and their suc-
cessors, shall be, and they hereby are incorporated as a Relig-
ious Society and body politic and corporate, by the name of
the South Parish in Braintree, with all the powers, privileges powers and
and immunities, and subject to all the liabilities of parishes ac- privileges,
cording to the constitution and laws of this Commonwealth.

Sect. 2. Be it further enacted, That the said parish shall Pews taxed,
have power to tax all pews in their meeting-house, not exceed-
ing annually six per centum of their original valuation made by
a committee previous to the sale thereof, which shall be occu-
pied by persons who do not belong to said society, which taxes
said occupants shall be holden to pay.

Sect. 3. Be it further enacted. That said society may hold Estate,
and possess by grant, gift, devise or otherwise, real and person-
al estate, for the purposes of supporting public worship, and
other parochial charges not exceeding the net annual income of
one thousand dollars, and shall have power to choose trustees
to manage the same under such restrictions, liabilities and re-
sponsibilities as they may deem proper, who shall apply the in-
come thereof to the purposes for which the same may have been
specially designed.

Sect. 4. Be it further enacted. That this act may be al- Legislative cen-
tered or repealed at the pleasure of the Legislature. \_Feb. 26, <i"ol.
1829.]

An Act to authorize the West Parish in Amesbury to make sale of their Ministerial /^ffff^) R^

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the authority of
the same. That the West Parish in Amesbury, be, and the same po^ertosell
is hereby authorized and empowered to make sale of all their ministerial
ministerial lands and appropriate the monies arising from the sale '^°°*"
to the building of a parsonage house, for the use of said parish :
provided, that the minister of said parish, for the time being, proviso,
shall concur with said parish, in the sale of said lands, and in
the execution of any deed or deeds made for the conveyance
thereof.

Sect. 2. Be it further enacted, That all the rents and pro- Appropriation
fits arising from said parsonage-house, shall annually be appro- of rents, &c.
priated according to the original intention of said parish, and in
the same manner as the said ministerial lands were to be appro-
priated ; and all monies which may be paid by individuals to-
wards building the aforesaid parsonage-house or any out buildings
belonging thereto shall be considered as an addition to the same.

772

1828.

-Chap. 85—86.

Parish may
elect persons to
make sale.

Chap. 86.

Persons incor-
y^orated.

Real estate.

Capital stock,
shares, &.c.

Board of direc-
tors.

and the rents and profits arising therefrom, shall also be appro-
priated in the same manner as above provided.

Sect. 3. Be it further enacted^ That the said parish, at
any meeting thereof, duly held for that purpose, may elect any
person or persons to make sale of the premises, and under such
restricti(<ns and responsibilities as they may deem proper. [-Fc6.
26, 1829.]

An Act to incorporate the Boston Fire Department Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Daniel C. Bacon, Moses Williams, Thom-
as C. Amory, Edward G. Prescott, Jacob C. Flint, George
Darracoit, George Lane, William H. Tileston, J. Amory Da-
vis, J. V. N. Throop, and their associates, successors and as-
signs, be, and they hereby are, incorporated into a conipany and
body politic, by the name of the Boston Fire Department In-
surance Company, vviih full power and authority to make insur-
ance against fire, on all buildings and property liable to be burn-
ed and damaged by fire, for and during the term of twenty
years after the passing of this act ; and by that name may sue
and be sued, plead and be impleaded, appear, prosecute and de-
fend to final judgment and execution, and have a common seal,
which they may alter at pleasure, and may purchase, hold and
convey any estate, real or personal, for the use of said compa-
ny : provided, they shall not hold real estate exceeding the value
of ten per centum on the amount of capital paid in, excepting
such as may be taken for debt by said company, or held as col-
lateral security for debts due to them.

Sect. 2. Be it further enacted. That the capital stock of
said company shall never exceed three hundred thousand dol-
lars, and shall be divided into shares of twenty-five dollars each,
and the number of shares shall not be less than six thousand, nor
more than twelve thousand, one third part of which shall be
paid in money, within one hundred and twenty days from the
first meeting of said company, and the residue, also in money,
within two years from and after the first meeting of said compa-
ny, in such instalments, and under such penalties as the presi-
dent and directors shall direct and appoint.

Sect. 3. Be it further enacted. That the stock, property,
affairs and concerns of said company shall be managed and con-
ducted by twelve directors, one of whom shall be president
thereof, who shall hold their offices for one year, and until oth-
ers are chosen, and no longer, and shall, at the time of their
election, be stockholders of said company, and citizens of this
Commonwealth, and shall be elected, annually, on the first Mon-
day of May, at such time and place, in the city of Boston, as
a majority of the directors, for the time being, may appoint, of
which election, public notice shall be given in any three of the
newspapers printed in said city, ten days next preceding such
election ; and the election shall be made by ballot by a majori-

1828. Chap. 86. 773

ty of the votes of the stockholders present, allowing one vote Right of voting,
to each share in the capital stock ; biat no stockholder shall
vote at any election for directors, unless the share or shares
upon which he may claim to vote, shall have been standing in
his name in the books of the corporation, for at least two
months previous to such election : provided, no stockholder
shall have more than twenty votes, and absent stockholders may
vote by proxy, under such regulations as the company shall pre-
scribe, and if, from any accident, the said directors should not
be chosen on the first Monday of May as aforesaid, it shall be
lawful to choose them on another day, in manner herein pre-
scribed.

Sect. 4. Beit further enacted, That the directors, so cho- Choice of presi-
sen, shall meet as soon as may be after every election, and shall "' '
choose out of their number one person to be president, who shall
be sworn faithfully to discharge the duties of his office, during the
period for which he is elected ; and the said directors shall estab-
lish such compensation for his services as to them shall seem fit,
and in case of the death, resignation, or inability to serve, of the
president, or any director, such vacancy or vacancies shall be
filled, for the remainder of the year in which ihey happen, by a
special election, at a meeting of the stockholders, to be notified
and held as is herein before directed in case of annual elections ;
and that the directors of said corporation, for the time being, sev-
en of whom shall form a quorum, shall have power to appoint
such clerks, agents, servants, and other officers, as shall be ne-
cessary for the conducting and executing the business of the said
corporation, and to allow the said persons, so appointed, such
compensation for their services respectively as they shall deem
reasonable, and to take security from any of the said officers, for
the faithful discharge of their duties.

Sect. 5. Be it further enacted, That the president and six Board of direc-
of the directors, or seven of the directors in the absence of the ^°''^'
president, shall be a board competent for the transaction of busi-
ness, and all questions before them shall be decided by a majority
of votes, and they shall have power to make and prescribe such
by-laws, rules and regulations as to them shall appear needful and By-laws, &c.
proper, in respect to the management and disposition of the stock,
property, estate and effects of said company, and the transfer of
shares therein, and the powers, duties and conduct of the several
officers, clerks and servants employed in the service of the com-
pany, and the election of the directors, and the making of poli-
cies, and all such matters as appertain to the business of insurance :
provided, such by-laws, rules and regulations be not repugnant to
the constitution and laws of this Commonwealth ; and they shall
also have power and authority, in behalf of said company, to make
insurance on any property or buildings against damage to the same
by fire, originating in any cause except design in the assured, for
such time, and on such conditions, and for such premium, as the
parties may agree to, and to accept notes or other security for
the premium : provided, that the said company shall not insure,

774

1828.-

-Chap. 86.

Limitation ol

risks.

Statements to
be made to
stockholders
and Legislature.

Dividends to be
declared.

First meelins

Transfer of
shares.

Conditions of
this act.

on any one risk, more than ten per centum on the amount of the
capital stock paid in ; and all policies of insurance, by tliein made,
shall be subscribed by the president or two of the directors, and
countersigned by the secretary, and shall be binding and obliga-
tory upon the said company, when so signed, and have the like
effect and force, as if under the seal of the company ; and all
losses, duly arising under policies so subscribed, may be adjusted
and settled by the president and board of directors, or such agent
as they shall authorize, and such adjustment shall be binding on
said company.

Sect. 6. Be it furtJier enacted^ That the said company shall
not, directly nor indirectly, deal or trade in buying or selling any
goods, wares, merchandize, or commodities whatever.

Sect. 7. Be it further enacted^ That, once in each year,
and oftener, if required by a majority of the votes of the stock-
holders, the directors shall lay before the stockholders, at a gen-
eral meeting, an exact and particular statement of the profits, if
any there be, after deducting losses and dividends, and also of
the losses which shall have happened, and of the property and
affairs of the corporation, and the president and directors of said
company shall, when and as often as required by the Legislature
of this Commonwealth, lay before them a statement of the affairs
of said company, and submit to an examination concerning the
same under oath.

Sect. 8. Be it further enacted^ That it shall be the duty of
the directors to make semi-annual dividends of the interest arising
from the capital stock, and of the profits of said company, if it
should to them appear adviseable ; but monies received and notes
taken for premiums of risks, which shall be undetermined and
outstanding at the time of making any dividend, shall not be con-
sidered as part of the profits of said company ; and in case of any
loss, whereby the capital stock shall be lessened, no subsequent
dividend shall be made until a sum equal to such diminution shall
have been added to the capital.

Sect. 9. Be it further enacted. That any three of the per-
sons named in the first section of this act are hereby authorized
to call a meeting of the said company in Boston, by advertising
the same for two w'eeks successively in any three newspapers
printed in said Boston, for the purpose of electing the first board
of directors, who shall hold their offices until the first Monday in
May, A. D. one thousand eight hundred and thirty, or until an-
other board shall be chosen.

Sect. 10. Be it further enacted. That the shares of the cap-
ital stock of the said corporation shall be assignable and transfer-
able, according to such rules and regulations as the president and
directors shall, for that purpose, ordain and establish, and not
otherwise.

Sect. 11. Be it further enacted. That the capital stock of
said insurance company, or any part of it, shall not be sold or
transferred, during the term of one year after this charter shall be
put in operation as aforesaid, and in case the same shall not be

1828. Chap. 86—87. 775

put in operation within one year from tJie passage of this act, the
same shall be void.

Sect. 12. Be it further enacted, That this act shall be sub- Legislative con-
ject to revision or repeal, at the will of the Legislature. '^°'

Sect. 13. Be it further enacted, That said Boston Fire Liability to
Department Insurance Company shall be liable to be taxed by '^''^^'°"-
any general law providing for the taxation of all similar corpora-
tions. [Feb. 26, 1829.]

An Act to incorporate the Mutual Fire Insurance Company of Hatfield and the vi- (^fldj), 37
cinily. -» *

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same, That Luman Pease, Erastus Billings, Uoswell Persons incor-
Billings, Thaddeus Graves, Samuel Partridge, John Warner, P°'^'^ •
Moses Moreton, Alpheus Longley, Justin Wait, Solomon Graves,
Pliny Day, and their associates, successors and assigns, are here-
by constituted a body politic and corporate, by the name of the
Mutual Fire Insurance Company of Hatfield and the vicinity,
with the powers and privileges incident to such corporations, for
the term of twenty-eight years.

Sect. 2. Be it further enacted. That when the sum sub- when to insure,
scribed to be insured shall amount to fifty thousand dollars, said
corporation may insure for the term of from one to seven years,
any dwelling-house, barn, store or other building, with their con-
tents, to any amount not exceeding three quarters of the value
of the property insured.

Sect. 3. Be it further enacted, That said corporation may Choice of offi-
choose such officers and establish such by-laws as they may ^''^' ^y-iaws,
deem necessary, not repugnant to the constitution and laws of
this Commonwealth, and each member shall have as many votes
as he has policies, and may vote by proxy legally authorized.

Sect. 4. Be it further enacted, That the funds of said Funds, how
corporation shall be vested in stocks or loaned on such security pro!fjfa^"d ^^'
as the directors may order, and shall be appropriated first to pay
the expenses of the corporation, and next to pay the damages
which any member may be entitled to recover on his policy ; in
case any member shall have a just claim upon the corporation
exceeding the amount of their then existing funds, the directors
shall without delay assess such sum as may be necessary on the
members, in proportion to the amount of their premiums and
deposits for seven years, but not to exceed treble the amount of
such premiums and deposits.

Sect. 5. Be it further enacted. That whenever any mem- Satisfaction of
ber shall recover judgment against said corporation, he may levy executions,
his execution on their estate or funds, but if sufficient estate or
funds cannot be found, he may levy the same on the private pro-
perty of any one of the directors : provided, they first refuse or Proviso,
neglect, for the space of sixty days, to satisfy the execution
after formal demand made on them for that purpose, and any di-
rector whose property may be thus taken may sustain an action
of the case against the corporation, to recover full and adequate
damages therefor.

776 1828. Chap. 87—89.

Policy to create Sect. 6. Be it further enacted, That each policy of insu-
rance shall of itself, without any other ceremony, create a lien
on any building insured, and on the land under it, for the pay-
ment of the premium stipulated in said policy, and of all assess-
ments lawfully made by virtue thereof, and this provision shall
not prevent the taking of other collateral security.

Proceedings in Sect. 7. Be it further enacted, That in case it should be-

to^fen. ^^^°^^ come necessary to resort to the lien on the property insured, the
treasurer shall demand payment of the insured or his legal repre-
sentative, and likewise of the tenant in possession, and in case of
non-payment, the corporation may sustain an action for any sum
due either by the deposit note or by assessment, and their exe-
cution may be levied on the insured premises, and the officer
making the levy may sell the whole or any part of the estate at
auction, giving notice and proceeding in the same manner as is
required in the sale of equities of redemption on execution, and
the owner shall have a riglit to redeem the estate by paying the
cost of sale, the amount of the execution, and twelve per cent,
interest thereon, within one year from such sale.

Liability to tax- Sect. 8. Bc it further etiactcd, That this corporation shall
be liable to be taxed by any general law of this Commonwealth,
taxing other similar institutions, and any person named in this act

First meeting, may call the first meeting, by advertising the same in any news-
paper printed in the county of Hampshire. [Feb. 26, 1829.]

ChctV, 88. ^^ ^^''^ '° incorporate the Boston and Gloucester Granite Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
Persons incor- of the Same, That William Wood, Jeremiah Wetherbee and
porate . WilliaiTi Crehore, their associates, successors and assigns, be,

and they hereby are made a corporation, by the name of the
Boston and Gloucester Granite Manufacturing Company, for the
purpose of procuring, hammering and cutting granite stones in
the city of Boston and town of Gloucester, and for the purposes
Powers and du- aforesaid shall have all the powers and privileges, and be subject
*'*^^' to all the duties and requirements, contained in an act passed the

third day of March, in the year of our Lord one thousand eight
1808 ch. Go. hundred and nine, entitled "an act defining the general powers
and duties of manufacturing corporations," and the several acts
in addition thereto.
Real and per- Sect. 2. Be it further enacted, Thai the said corporation
may be lawfully seized and possessed of such real estate, not
exceeding the value of twenty thousand dollars, and such per-
sonal estate, not exceeding the value of thirty thousand dollars,
as may be necessary for the purposes aforesaid. [Feb. 26,
1829.]

C^hf/T) 8^ ■^" ^^^ ^° incorporate the First Congregational Parish in Hamilton.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Inhabitants in- the samc. That all the inhabitants of the town of Hamilton, in
corporated. ^j^^ couuty of Esscx, with all the lands in said town, (except

1828. Chap. 89—90. 777

such inhabitants and such lands as do belong to some other par-
ish or religious society, or are exempt by law from parish charges
in said town of Hamilton,) be, and they are hereby incorporated
into a parish, by the name of the First Congregational Parish in
Hamilton, subject to all the duties, and vested with all the rights
and privileges to which parishes are by law entitled.

Sect. 2. Be it further enacted^ That the votes and pro- y^(gg Si.c.Te\-
ceedings of the said town of Hamilton, or of the said inhabitants ative to parish
hereby incorporated, relative to parish business, are hereby con- ^3^;^^"^ ""^^^
firmed and made valid to all intents and purposes ; and the said
parish hereby incorporated shall be deemed and taken to be suc-
cessors of the said town of Hamilton, as far as relates to paro-
chial proceedings, rights and privileges, and subject to all con-
tracts of a parochial nature, which may have been made by said
town : provided, however, that nothing herein contained shall Proviso,
take from any persons, inhabitants of said Hamilton, not inclu-
ded in this act, nor from any other persons, nor from the said
town, any rights or property to which they are now legally enti-
tled.

Sect. 3. Be it further enacted, That the first meeting First meeting,
of said parish shall be convened by a warrant, to be issued
by any justice of the peace in the county of Essex, directed to
any member or members of said parish, to meet at a suitable
time and place, and for the purposes to be appointed and ex-
pressed in such warrant.

Sect. 4. Be it further enacted, That this act may be alter- Legislative con-
ed, amended or repealed at the pleasure of the Legislature. '™*
IFeh. 27, 1829.]

An Act to incorporate the Managers of the Port Society of the city of Boston and its C-flCtp. 90.

vicinity.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That William True, William Dyer, Warren Bow- Persons incor-
ker, Thomas Patten, Oliver Train, N. K. Skinner, George P^'^'^*^-
Southerland, Jacob Foster, John Templeton, Thomas Bagnall,
George Bowers, William Parker, Samuel F. Holbrook, Wil-
liam W. Motley and James Hutchinson, and their successors,
be, and they hereby are, incorporated and constituted a body
politic, by the name of the managers of the Port Society of the
city of Boston and its vicinity, capable in law, to have and hold,
in fee simple or otherwise, any estate, real or personal, the annu- Estate.
al income of which shall not exceed two thousand dollars, to be
invested and applied in such way and manner as will best promote [income enlarg-
the objects of said society, to improve the moral and religious ?^l^^^ '^^•
condition of seamen in Boston, and its vicinity, and may appoint
all such officers as may be necessary for the management of
their affairs, and may make and adopt such by-laws and regula- By-laws,
tions as may be necessary for the government of said corpora-
tion, not repugnant to the constitution and laws of this Common-
wealth.

Sect. 2. Be it further enacted, That the number of man- Numberofman-
VOL. VI. 98 agers, &c.

778

1828.-

•Chap. 90—91,

[Five shall con-
stitute a quo-
rum, 1834 ch.
HI.]

Managers to
keep record of
their proceed-
ings, &c.

First meeting.

Legislative con-
trol.

Chap, 91.

Persons incor-
porated.

Powers and du-
ties.

1808 ch. 65.

Real and per-
sonal estate.

First meeting.

agers shall never be more than fifteen, nine of whom shall con-
stitute a quorum for the transaction of business, and all vacancies
in said board shall be filled in such manner as said society shall
direct ; said managers shall have power to remove from office
any manager, when, from any cause, he shall become incapable,
in their judgment, of discharging the duties of his office.

Sect. 3. Be it further enacted^ That said managers shall
keep a fair record of all their proceedings, which shall be open
to the inspection of any committee appointed by said society for
that purpose, and said managers shall annually exhibit to said so-
ciety a correct statement of funds in their possession, and of their
income, receipts and expenditures ; and they shall be liable, indi-
vidually, in damages, in a special action of the case, to said soci-
ety, for any waste or misapplication of said funds ; and shall re-
ceive no compensation for their services, other than what shall
be voted or allowed by said society.

Sect. 4. Be it further enacted^ That William True, be,
and he is hereby authorized to call the first meeting of said man-
agers, by giving to each one, personal notice of the time, place
and purpose of such meeting at least seven days before the time
of holding the same.

Sect. 5. Be it further enacted, That this act may be alter-
ed, amended or repealed at the pleasure of the Legislature.
{Feh. 27, 1829.] Add. act, 1S32 ch. 104 : 1834 ch. 111.

An Act to incorporate the Proprietors of the Lynn Mill Dam.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives., in General Court assembled, and by the author-
ity of the same, That Timothy Alley, Daniel Breed, John
Lovejoy, John L. Johnson, John Alley, Isaac Basset, Jr.,
Isaiah Breed, Nathan Breed, Isaac Gates, Micajah C. Pratt,
Stephen Smith, .Jr., and John Alley, the third, together with
such others as now have associated or may hereafter associate
with them, their successors and assigns, be, and are hereby made
a corporation, by the name of the Proprietors of the Lynn Mill
Dam, for the purpose of erecting a dam from Cnion u harf, in
Lynn, in the county of Essex, to Hog Point, (so called,) and
for the erecting of mills and machinery thereon ; — and for this
purpose shall have all the powers and privileges, and shall be
subject to all the duties and requirements, prescribed and con-
tained in an act passed on the third day of March, in the year of
our Lord one thousand eight hundred and nine, entitled "an act
defining the general powers and duties of manufacturing corpora-
tions," and the several acts in addition thereto.

Sect. 2. Be it further enacted. That the said proprietors
of the Lynn Mill Dam, in their corporate capacity, may lawfully
hold and possess real estate, not exceeding in value the sum of
twenty thousand dollars, and personal estate not exceeding in
value the further sum of twenty thousand dollars.

Sect. 3. Be it further enacted, That any one of the per-
sons named in this act, be, and either of said persons is hereby
authorized to appoint the time and place for holding the first

1828. Chap. 91—- 93. 779

meeting of said corporation, giving ten days notice thereof to the
others, either by personal notice or otherwise. [Feb. 27, 1829.]

An Act to authorize (he Proprietors of Union Wharf to extend the same. CyflCip. v2).

Sect. I. 5E it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That the proprietors of the wharf, in the city of Wharf may be
Boston, now called and known by the name of Union Wharf, extended,
be, and they are hereby authorized and empowered to extend
the said wharf towards the channel, to any distance not exceed-
ing one hundred and twenty feet, from the present end thereof;
and that they shall have and enjoy the right and privilege of using
and occupying the flats adjacent to said wharf when so extended,
at the end and at the sides thereof, in the same manner in which
they have hitherto occupied and enjoyed the flats or docks ad-
joining said wharf as it now is : provided^ however, that neither Proviso,
the said proprietors nor their assigns shall have nor claim any
right to extend the said wharf, nor to use and occupy the flats
which shall be on the north side of said wharf, when so extended
beyond a line drawn in continuation of the boundaiy line dividing
the lands and flats of the petitioners, from ihe lands and flats of
the proprietors of Rhoades wharf, so called ; nor have nor
claim any right to extend the said Union wharf, nor to use and
occupy the flats which shall be on the south side of said Union
wharf, when so extended beyond a line drawn about eastwardly
from the middle of a line, extending from the southern boundary
line of the lands of the proprietors of said Union wharf, to the
northern boundary line of the lands of the proprietors of Sargent's
wharf, so called, through the point at which said boundary lines,
when extended, will intersect each other.

Sect. 2. Be it further enacted, That nothing herein con- Proprietors not
tained shall be so construed as to authorize said proprietors to ?4^horized to

, ..... - ' ' in ure other

lessen or injure the rights or property ot any other person or property,
persons whatsoever. [Feb. 27, 1829.] See act, 1836 ch. 167.

An Act to incorporate the Worcester Coal Company. Cfldt) 93

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Samuel B. Thomas, William E. Green, Asahel persons incor-
Bellows, George A. Trumbull, Isaac Davis, Benjamin Butman, porated.
and Nathaniel Paine, with such as already have associated or
may hereafter associate with them, their successors or assigns,
be, and they hereby are made a corporadon, by the name of the
Worcester Coal Company, for the purpose of digging and raising
anthracite coal in the town of Worcester, and for vending the
same ; and, for that purpose, shall have all the powers and priv- Powers and du-
ileges, and be subject to all the duties and requirements, con- ''^^•
tained in an act passed the third day of March, in the year of
our Lord one thousand eight hundred and nine, entitled "an act 1808 ch. 65.
defining the general powers and duties of manufacturing corpora-
tions," and in the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corporation

780

1828.-

■Chap. 93—95.

Real and per- may be lawfully seized and possessed of such real estate, not

sonai estate. exceeding the value of four hundred thousand dollars, and such

personal estate, not exceeding two hundred thousand dollars, as

may be necessary and convenient for the purposes aforesaid.

[Feb. 27, 1829.]

Chap. 94.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Real and per-
sonal estate.

Chap. 95.

Persons" incor-
porated.

Powers and
privileges.

1808 ch. 65.

Real and per-
sonal estate.

An Act to incorporate the Diamond Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Asa Whitman, Harvey Clapp, and Oliver El-
dridge, together with such others as now are or may be hereafter
associated with them, their successors or assigns, be, and they
hereby are made a corporation, by the name of the Diamond
Manufacturing Company, for the purpose of manufacturing cotton
and woollen goods in the town of Walpole, county of Norfolk ;
and, for this purpose, shall have all the powers and privileges,
and shall be subject to all the duties and requirements, prescribed
and contained in an act passed the third day of March, in the
year of our Lord one thousand eight hundred and nine, entitled
" an act defining the general powers and duties of manufactur-
ing corporations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said Diamond
Manufacturing Company may lawfully hold and possess such real
estate, not exceeding the value of ten thousand dollars, and such
personal estate, not exceeding twenty thousand dollars, as may
be necessary and convenient for carrying on the manufacture
aforesaid. [Feb. 27, 1829.]

An Act to incorporate tiie Boston and Lowell Manufacturing Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That .Joseph Hurd, Robert Waterston, Thomas
Lord, Luther Parks, William Whitney and .Tames C Dunn,
together with such others as now have associated, or may hereaf-
ter associate with them, their successors and assigns, be, and are
hereby made a corporation, by the name of the Boston and Low-
ell Manufacturing Company, for the purpose of manufacturing
woollen and cotton yarn and cloth, in the town of Lowell, in the
county of Middlesex, and for this purpose shall have all the
powers and privileges, and shall be subject to all the duties and
requirements, prescribed and contained in an act passed on the
third day of March in the year of our Lord one thousand eight
hundred and nine, entitled "an act defining the general powers
and duties of manufacturing corporations," and the several acts
in addition thereto.

Sect. 2. Be it further enacted, That the said Boston and
Lowell Manufacturing Company, in their corporate capacity, may
lawfully hold and possess such real estate, not exceeding in value
the sum of three hundred thousand dollars, and personal estate,
not exceeding in value the further sum of two hundred thousand
dollars. [Feb. 27, 1829.]

1828. Chap. 98—100. 781

An Act to incorporate the Infant School Society of the city of Hoston. C^hflt) *^8

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Elizabeth Thurston, Sarah A. Hall, Sophia Persons incor-
Dunn, Susan W. Eustis, Annah S. Jarves and Elizabeth M. porated.
Reynolds, all of the city of Boston, with such other persons as
may hereafter associate with them, be, and they hereby are in-
corporated, by the name of the Infant School Society of the city
of Boston, for the purpose of gratuitously instructing the infant
children of the poor of said city, and may have power to elect Powers and
such officers, and make such by-laws, as may be necessary and privileges.
convenient for the government of said institution : provided, the
same are not repugnant to the constitution and laws of this Com-
monwealth.

Sect. 2. Be it further enacted That said corporation may Real and per-
hold real estate, not exceeding ten thousand dollars, and personal sonai estate.
estate, not exceeding fifteen thousand dollars.

Sect. 3. Beit further enacted, That every married woman Husband's ac-
belonging to said society, who shall, with the consent of her hus- countabiiity.
band, receive any of the money, or other property of said socie-
ty, shall thereby render her said husband accountable therefor to
said society.

Sect. 4. Be it further enacted, That Elizabeth Thurston First meeting,
be, and she is hereby authorized to call the first meeting of said
corporation, by giving notice of the time, place and purposes
thereof, in any newspaper printed in Boston, seven days previous
to the holding of the same.

Sect. 5. Be it further enacted. That the Legislature may Legislative con-
at any time amend or repeal this act. [Feb. 2S, 1829.] ''■°'-

An Act to incorporate the Proprietors of Middleborough Academy. f^hnn 1 DO

Sect. 1. BE it enacted by the Senate and House of Repre- "

sentatives, in General Court assembled, and by the authority of
the same, That Wilkes Wood, Peter H. Pierce, Arad Thomp- persons incor-
son, their associates and successors, be, and they hereby are porated.
made a body corporate, for the purpose of promoting the educa-
tion of youth in the town of Middleborough, by the name of the
Proprietors of Middleborough Academy.

Sect. 2. Be it further enacted, That said corporation may Real and per-
hold real estate, not exceeding three thousand dollars, and per- sonai estate,
sonal estate, not exceeding six thousand dollars, to be appropri-
ated and used for the purpose of education and instruction of
youth and others, in the languages and sciences.

Sect. 3. Be it further enacted, That said corporation may. By-laws,
from time to time, make such by-laws as they may deem neces-
sary for managing the interest of said academy : provided, the
same be not inconsistent with the laws of this Commonwealth.

Sect. 4. Be it further enacted. That any one of the per- First meeting,
sons named in this act may call the first meeting of said proprie-
tors, by giving personal notice thereof ten days previous to the
time of said meeting.

782

1828.-

■Chap. 100—105.

Legislative
control.

C/mj9l04.

I'ersons incor-
porated.

Powers and
privileges.

Estate.

Legislative
control.

ChaplOb.

Persons incor-
porated.

General pow-
ers.

Real estate.

Proviso.

Sect. 5. Be it further enacted, That this act may at any
lime hereafter be altered or repealed by the Legislature. [Feb.
28, 1829.]

An Act to incorporate the Trinitarian Society in Northfield.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the nutJiority
of the same, That Isaac Prior, Rodolphus Lyman, Elisha Alex-
ander, Junior, Aaron Lyman, Ebenezer Slate, Elisha Lyman,
John Long, John A. Fisher, Thomas Lyman, Elisha Ligram,
Phineas J^ield, Junior, William Field, Lyman Gunn, Earl Wilds
and Nathan Priest, together with tliose who have associated, or
may hereafter associate with them, for the purpose of public
worship, be, and they hereby are incorporated into a religious
society, by the name of the Trinitarian Society in Northfield,
with all the powers and privileges, and subject to all the duties
and liabilities of parishes, according to the constitution and laws
of this Commonwealth.

Sect. 2. Be it further enacted, That said society may pur-
chase, hold and possess any estate, real or personal, not exceed-
ing six thousand dollars in value, which they may deem necessary
and proper, and apply the interest and income thereof to the
support of public worship therein.

Sect. 3. Be it further enacted, That the powers conferred
by this act may be altered, annulled or repealed, at the pleasure
of the Legislature. [Feb. 28, 1829.]

An Act to incorporate the Concord Mill Dam Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Abel Moore, Daniel Shattuck, Nathan Stow^
and Cyrus Stow, and all such persons as may associate with
them, their successors and assigns, be, and hereby are constitu-
ted a body corporate, by the name of the Concord Mill Dam
Company, and by that name may sue and be sued, defend and
be defended, and may have and use a common seal, and ordain
such by-laws as to them shall appear necessary and convenient
for the government of said corporation, and with reasonable pen-
alties for the breach of such by-laws, not exceeding two dollars
for any one breach : provided, that such by-laws shall not be re-
pugnant to the laws of this Commonwealth.

Sect. 2. Be it further enacted. That the said corporation
be, and the same hereby is declared capable to hold, have and
possess, in fee simple or otherwise, all or any part of that real
estate not exceeding twenty thousand dollars in amount, in the
town of Concord, lying on the Mill Brook, so called, bounding
north on land of the county of Middlesex, east on the county
road, south on the road leading round the INIill Pond, so called,
and westerly on a line running within forty rods of said Mill
Brook : provided, the said corporation shall acquire the same by
legal grant from the lawful proprietors thereof, and said corpora-
tion shall have power to grant, sell and alien, in fee simple or

1828. Chap. 105—106. 783

otherwise, the said corporation property, or any part thereof,
and to lease, manage and otherwise improve the same, according
to their will and pleasure, and hy such forms of conveyance and
contract as shall by their by-laws be provided.

Sect. 3. Be it further enacted, That said proprietors, at Shares,
any legal meeting, may agree upon the number of shares into
which said estate shall be divided, and agree upon the form of
certificates to be given to the proprietors, which shares shall be
deemed and considered as personal estate, and shall be transfer-
able by assignment on the back of the certificate, recorded by
the clerk of the corporation in a book to be kept for that pur-
pose, and shall be liable to attachments on mesne process, and
sale on execution, in the same manner and according to the form
of the statutes making provisions for the attachment and sale of
shares of debtors in incorporated companies.

Sect. 4. Be it further enacted. That the real estate, and Estate liable to
other property of said corporation, shall be liable to be attached a"a<^hmeiit,&c.
on mesne process, and be set off and sold on execution, against
the corporation, in the same manner as the property or estate of
individuals is by law subject to mesne or final process.

Sect. 5. Be it further enacted, That in all meetings of the Votes,
stockholders in said corporation, each member shall be entitled
to one vote for each share held by him.

Sect. 6. Be it further enacted. That either of the persons First meeting.
named in the first section of this act, may call the first meeting
of said corporation, by posting notice in some public place in
Concord, seven days at least before the time appointed for such
meeting, and the corporation at their first meeting, and afterwards
annually, on such day as shall be established by their by-laws. Choice of offi-
shall choose a president, clerk and such other officers as they '^^^*-
may see fit, which clerk shall be under oath ; they may also
agree upon the mode of calling future meetings.

Sect. 7. Be it further enacted, That the Legislature may Leg-isiative con-
alter, amend or repeal this act, at any time after twenty years. ""°'-

Sect. 8. Be it further enacted. That all covenants or con- Covenants, &c.
tracts which shall be made by said corporation, and all debts due binding on each
from it, shall be binding on each one and all of those persons,
individually, who shall be stockholders in said corporation when
such contracts respectively are made, and on their respective
heirs, executors and administrators, in the same manner as if
such covenants or contracts had been made on debts contracted
by such stockholder or stockholders in his or their individual ca-
pacity. [Feb. 28, 1829.]

An Act to incorporate the Trustees of the First Methodist Episcopal Society in Wes- /^'/i /^^ 1 r\Pi

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Jotham Haven and Marshal Jones, of Weston, Persons iucor-
Jonas Bemis, Ephraim Brown, Emery Bemis, George Weston po^ated.
and Amos Hagar, of Lincoln, be, and they hereby are constitu-
ted a body corporate, by the name of the Trustees of the First
Methodist Episcopal Society in Weston.

784

1828.

■Chap. 106—108.

Election of offi-
cers and by-
laws.

Power to hold
property.

Gifts, grants,
&c. confirmed
to trustees.

Proviso.

First meeting

Legislative con-
trol.

Chap lOS.

Boundary.

[South line,
1829 ch. 35.]

Sect. 2. Be it further enacted. That the said trustees, and
their successors, may elect such officers, and make and ordain
such by-laws and regulations as they may deem necessary for
their own government, and the management of the funds com-
mitted to their care, not repugnant to the constitution and laws
of this Commonwealth ; the number of trustees shall not exceed
nine or be less than seven, a majority of whom shall constitute a
quorum for the transaction of business.

Sect. 3. Be it further enacted^ That the said trustees, and
their successors shall have power to hold and possess all the
property belonging to said society, both real and personal, in
trust, for the use and benefit of said society, and for the sole and
exclusive piu'pose of promoting and supporting the public wor-
ship of God in the same society, according to the usages of the
Methodist Episcopal church, and all vacancies in said board of
trustees siiall be supplied according to the by-laws which may be
made and ordained by said trustees.

Sect. 4. Be it further enacted^ That all gifts, grants, be-
quests, devises or donations made, or which may hereafter be
made to said trustees, in their said capacity, for the use and ben-
efit of said society, shall be valid to every interest and purpose,
and the said trustees may hold and possess, as aforesaid, funds
consisting of real or personal estate belonging to said society,
the annual income of which shall not exceed one thousand dol-
lars : provided, the same, and the interest and income thereof,
be strictly applied and appropriated to promote the objects con-
templated in this act, and according to the directions of the donor
or donors.

Sect. 5. Be it further enacted, That Joiham Haven, be-
fore named, be, and he hereby is authorized to call the first
meeting of said trustees, by causing a written notice thereof to
be left at the dwelling-house of each of the aforenamed trustees,
expressing the time, place and purposes of said meeting, at least
seven days before the time of holding the same.

Sect. 6. /^e i^/urf/ier enac/crf, That this act may be amend-
ed or repealed at the pleasure of the Legislature. [Feb. 28,
1829.]

An Act to set off a part of the towu of Stockbridge, and to annex the same to the
town of West Stockbridge.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That all that part of Stockbridge, in the county of
Berkshire, lying west and north of the following described lines,
viz : beginning at a point in the north line of the town of Rich-
mond, ninety-two chains easterly from the northwest corner of the
town of Stockbridge, thence south, thirty-six degrees west seven-
ty-nine chains and eighty links, thence south, eleven degrees
west, one hundred eight chains and eighty links, to the north
line of land lately owned by Jacob Churchill, deceased, thence
on said Churchill's north line, south, eighty-nine and a half de-
grees west, forty-two chains and sixty links, to the east line of

1828. Chap. 108—110. 786

said West Stockbridge ; and the inliabitants and estates tliereon,
be, and the same liereby are set off from the said town of Stock-
bridge, and annexed to the town of West Stockbridge, in the
said connty of Berkshire : provided, hoicever^ that the said land, Proviso,
inhabitants and estates, respectively, shall be holden to pay to
the said town of Stockbridge, their just proportion of all unpaid
taxes, heretofore voted or assessed by authority of the town of
Stockbridge. [March 2, 1829.] Add. act, 1829 eh. 35.

An Act in addition to an Act entitled " An Act to set off to the Patentees and other Qfidj) 109.
purcliasers, certain lands on llie Island of Choppequidic, in the county of Duke's ±

County, and finally to adjust and determine all disputes between the said Patentees ii^^ ch. 35.

and other purchasers and the Indians on said Island ; and to prevent Cattle, Horses, ly \_ „ 214.)

Sheep, Goats and Swine from going at large on the said Island, at certain seasons i7gQ (.},_ 7^

of the year." (v. 1. p. 281.)

Sect. 1. BE it enacted by the Senate and House of Repre- l^^'^'g*")
sentatives^ in General Court assembled., and by the authority of seea\so(Appx.
the same, That the guardian of the Indians on the Island of Chop- v. 3. p. 33.)
peqin'dic, be, and he hereby is authorized to compel the paten- Guardian to
tees and other purchasers of lands on said Island, or their heirs, j^^'^'Jo ^gke""
to make and maintain the divisional fence, commonly called the divisional fence.
Indian line fence, between the lands of said Indians and the lands
of said patentees and other pin-chasers, and their heirs, in like
manner, and under like penalties and forfeitures as are provided
by said act, and the acts in addition thereto : provided, that if it Proviso,
should happen that said patentees and other proprietors, or their
heirs, have not a clerk, then said guardian shall cause a notice to
said patentees and other purchasers, or their heirs, to make and
repair their respective proportions of said fence, to be posted up
in some public and conspicuous place in the town of Edgartown,
in said county, two months at least before he shall proceed to
prosecute said patentees and other purchasers, or their heirs, to
recover the forfeitures provided in the act to which this is in
addition.

Sect. 2. Be it further enacted, That any act or parts of Repeal of for-
any act inconsistent with the provisions herein contained, be, ""^'■^'^**-
and the same hereby is repealed. [March 2, 1829.]

An Act to incorporate the Boston Lead Company. Cfifin 110

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same., That Charles Davis, of Roxbury, William Bourn Persons incor-
Swett, Nathaniel Adams, and Tasker H. Swett, of Boston, and Pirated.,
their associates, successors and assigns, be, and they are hereby
made a corporation, by the name of the Boston Lead Company,
for the purpose of conducting and carrying on the various pro-
cesses of manufacturing articles from lead, at Boston, or either
of the towns in the vicinity ; and for that purpose shall have all Powers and
the powers and privileges, and be subject to all the duties and ""^*'
requirements, contained in an act, passed on the third day of
March, one thousand eight hundred and nine, entitled "an act 1808 ch. 65.
defining the general powers and duties of manufacturing corpora-
tions," and the several acts in addition thereto.

VOL. vr. 99

786 1828. Chap. 110—113.

Capital stock Sect. 2. Be it further enacted, That the capital stock of

said corporation shall not exceed two hundred and fifty thousand
dollars, and they may be lawfully seized and possessed of such
real estate as may be necessary and convenient for the purposes
aforesaid not exceeding in value the sum of fifty thousand dol-
lars, exclusive of the buildings and improvements that may be
made thereon by the said corporation. [March 2, 1829.]

ChCLt) 111. An Act to incorporate the Proprietors of Chatham Academy.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
Persons incor- the same, That Isaac Hardy, John Seabury and Collins Howes,
porated. ^^jj|^ ||-,gjp associates and successors, be and they hereby are

made a body corpoiate, for the purpose of educating youth in
the languages, and in the liberal arts and sciences, by the name
of the Proprietors of Chatham Academy, in the county of Barn-
stable.
By-laws. Sect. 2. Be it further enacted, That said corporation may,

from time to time, make such by-laws and regulations as they
may deem necessary for the management of the interests and
concerns of said academy : provided, the same be not repugnant
to the constitution and laws of this Commonwealth.
Real and per- Sect. 3. Be it further enacted. That said corporation may
sonal estate. j^q]j j-g^] estate not exceeding in value six thousand- dollars, and

personal estate not exceeding the same sum.
First meeting. Sect. 4. Be it further enacted, That any one of the per-
sons named in this act may call the first meeting of said proprie-
tors, by giving personal notice thereof ten days previous to the
time of said meeting.
Leelslative con- Sect. 5. Be it further enacted, That this act may at any
*^®'" time hereafter be altered or repealed by the Legislature. [March

2, 1829.]

f^hnn 11*^ •^" ^^^ *° incorporate the New England Asylum for the Blind.

' Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Jonathan Phillips, William Prescott, Isaac
porated. Parker, William B. Calhoun, Israel Thorndike, Thomas H.

Perkins, William Sullivan, William Parsons, Robert Rantoul,
Theodore Sedgwick, Stephen C. Phillips, Richard D. Tucker,
•John Welles, Samuel T. Armstrong, Thomas Kendall, John
Tappan, William Appleton, Samuel A. Eliot, Stephen White,
James Savage, Amos Lawrence, Abbott Lawrence, Josiah J.
Fiske, George Bond, Edward Brooks, William Thorndike,
John Homans, James C. Merrill, Franklin Dexter, John C.
Gray, William H. Prescott, Bradford Sumner, Benjamin T.
Pickman, John D. Fisher, Isaac L. Hedge, William P. Mason,
John Lowell, Jr., Charles M. Owen, Thomas A. Green, to-
gether with such other persons as may be admitted members of
the corporation herein after created, according to the by-laws
thereof, be, and they hereby are, incorporated, by the name of

1828. Chaf. 113. 787

the New England Asylum for the Blind, for the purpose of edu-
cating blind persons.

Sect. 2. Be it further enacted, That the said corpora- Real and per-
, . I 1 u 1 1 soiial estate,

tion may take, receive and hold, purchase and possess, any

grants and devises of lands and tenements, in fee simple or oth-
erwise, and any donations, bequests and subscriptions of money,
or other property, to be used for the erection, support and
maintenance of an asylum for blind persons : provided, that the
income of said corporation, from its real and personal estates to-
gether, shall not, at any time, exceed the sum of thirty thou-
sand dollars.

Sect. 3. Be it further enacted, That the Legislature of Legislature
this Commonwealth, or any committee or officer duly appointed ^^,5 to"he''asy-
by them for that purpose, may, from time to time, send to the lum.
said asylum, for maintenance and education, such blind persons
as they may think proper, which persons, so sent, shall be ad-
mitted to all the privileges and advantages, and be subject to all
the rules and regulations of the said asylum : provided, that the Proviso,
whole number of blind persons so maintained and educated at
said asylum, under the authority of the Legislature of this Com-
monwealth, shall at no one time exceed thirty.

Sect. 4. Be it further enacted. That the said asylum shall Number and
be under the direction and management of twelve trustees, who ^'^°"=e of tms-
shall be chosen annually, and shall remain in office until others
are chosen and qualified in their stead ; four of which trustees
shall be chosen by the board of visitors herein after mentioned,
and the remaining eight by the corporation aforesaid.

Sect. 5. Be it further enacted, That the said corporation choice of ofS-
may, at their first or any subsequent meeting, choose all neces- '^^''*-
sary and convenient officers, who shall have such powers and
authorities as the said corporation may think proper to prescribe
and grant to them, and who shall be elected in such manner, and
for such periods of time, as the by-laws of said corporation may
direct ; and the said corporation may make and establish such
by-lav/s and regulations for the internal government and econo- By-laws,
my of the said asylum as they may think proper, provided the
same are not repugnant to the laws and constitution of this Com-
monwealth.

Sect. 6. Be it further enacted, That the governor and Board of vlsi-
lieutenant governor, the president of the senate, and speaker of *°'"^-
the house of representatives, with the chaplains of the Legisla-
ture, for the time being, be, and they hereby are, made and con-
stituted a board of visitors of the said asylum, with authority to
visit the sanie semi-annually, and as much oftener as they may
think proper, in order to inspect the establishment, and to ex-
amine the by-laws and regulations enacted by said corporation,
and generally to see that the object of the said institution is car-
ried into effect.

Sect. 7. Be it further enacted, That there shall be paid Compensation
out of the treasury of this Commonwealth, to the said corpora- J^e Common^
tion, for the maintenance and education of each blind person sent wealth.

788

1828.-

-Chaf. 118 — 115.

Change of
name author-
ized.

First meeting.

Chap! 15.

to the said asylum under the authority of the Legislature, the
same compensation, as by tlie by-laws of said corporation may
be demanded, and is actually received, for the maintenance and
education of such other blind persons as are at that tiine residing
in said asylum. And the governor of this Commonwealth, for
the time being, is hereby authorized, by and with the advice of
his council, from lime to time, to draw his warrant on the treas-
ury for such sums of money, as shall appear, from a certificate
under the hands of the four trustees, appointed by the board of
visitors as aforesaid, to be the true amount then due to the said
corporation from the Commonwealth, for the maintenance and
education of such persons.

Sect. 8. Be it further enacted^ That it shall be lawful
for the said corporation, at any general meeting of the members
thereof, to alter and change the name of said corporation, and
to substitute therefor such other name as they may deem expe-
dient, and upon such change so as aforesaid made, the said cor-
poration shall have, hold and enjoy all the powers and privi-
leges given by this act, notwithstanding such alteration and
chatige of name.

Sect. 9. Be it further enacted, That Jonathan Phillips is
hereby authorized to call the first meeting of said corporation, by
causing a notification thereof to be published, three weeks suc-
cessively, in any three of the newspapers printed in the city of
Boston. [March 2, 1829.]

Persons incor
porated.

An Act to incorporate the Taunton Female Charitable Association.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Abigail West, Mary B. Bush, Martha B.
Richmond, Sarah W. Richmond, with such as may be associa-
ted with them, be, and they hereby are incorporated, by the
name of the Taunton Female Charitable Association, and by
that name, they and their successors shall be a corporation for-
ever, for the purpose of furnishing charitable relief to such in-
digent persons as are not public paupers, nor supported by the
overseers of the poor of the town, but to such as are in need of
occasiofial and temporary charities, whose wants are intended to
be relieved by the beneficence of this society, reserving to them-
selves the privilege and power of appropriating the annual in-
come of such fund as may hereafter be raised, exceeding the
sum of thirty dollars, to be expended in the establishment and
support of an infant school for the instruction of the children of
General powers, the poor in the town of Taunton, with power to sue and be sued,
to make, appoint and have a common seal, and the same to alter
at pleasure, to make by-laws for the regulation and government
of said society, and contracts for the control and direction of
the funds thereof, not repugnant to the constitution and laws of
this Commonwealth : and they are hereby authorized and empow-
ered to make purchases, and to receive grants, devises and do-
Real and per- nations of estate real and personal, for the use and benefit of
sonal estate.

Appropriation
of funds.

1828. Chap. 115—116. 789

said society : provided^ the value of the real estate of said soci-
ety shall not exceed the siiiii of ten thousand dollars, and the an-
nual income of the whole of said estate, real and personal, shall
not exceed the sum of two thousand dollars.

Sect. 2. Be itfurtlier enacted. That said society shall hold Annual meet-
annual meetings in Taunton, at such times as shall be appointed '"°'
by their by-laws, and shall elect by ballot a board of managers,
consisting of a first and second directress, a secretary, treasurer,
and a committee of seven females.

Sect. 3. Be it further enacted, That the said Abigail West First meeting
be, and she is hereby authorized to call the first meeting of said
corporation, by giving public notice thereof, in one or more of
the newspapers published in Taunton, at such time and place as
she shall judge proper, at least seven days before the time of the
meeting, for the purpose of choosing the officers of the society,
and for the purpose of exercising the powers vested in them by
the terms of this act.

Sect. 4. Be it further enacted, That the treasurer of said Treasurer,
society shall always be a single-woman, of the age of twenty-one
years or upwards, and shall give bond, with sufficient surety or
sureties, to account annually, or oftener, if required by said soci-
ety, or the board of managers, for all monies and other property
of said society, coming to her hands, and in general to discharge
the duties of said office with fidelity : and every married woman Husband's ac-
belonging to said society, who shall, with the consent of her bus- councabiilty.
band, receive any money or other property of the same society,
shall thereby render her said husband accountable therefor to said
society.

Sect. 5. Be it further enacted, That this act may, at Legislative
anv time hereafter, be altered or repealed by the Legislature, control.
iMarch 2, 1829.]

An Act to set off Josiah Snow and John Snow from the town of Truro, and annex /^l ,, 1 1 Z*
them to the town of Frovincetown. \yilLp 110.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Josiah Snow and John Snow, with their families Persons set off.
and estates, together with all other persons living on the lot which
is now the first and formerly the third in Truro, adjoining said
Provincetovvn, shall be, and they hereby are set off from said
town of Truro, and annexed to said town of Provincetown, and
shall forever hereafter be subject to all the duties, and entitled to
all the privileges, of citizens and inhabitants of Provincetown :
provided, hoivever, that said persons so set off shall be liable to Provisos.
pay all taxes that have been legally assessed on them by said
town of Truro, in the same manner as if this act had not been
passed : and provided, further, that, until a new valuation of polls
and estates shall be taken and made, the said town of Province-
town shall be liable to pay over to the town of Truro all such
sums of money as shall be levied and collected from the persons
set off as aforesaid, as their proportion of the state and county
taxes.

790

1828.-

-Chap. 116—119.

Setllement of
paupers.

Proviso.

Divi(1ing line.

1813 ch. 25.

Proviso.

1821. ch. 71.

Chap\]9.

Persons incor-
porated.

Estate.
By-laws.

Number of trus-
tees, their pow-
ers and duties.

Sect. 2. Be it further enacted, That all such persons, who
have heretofore lived on said first lot, now prayed to be set off,
and, by reason of birth, or derivation, or holding property, or
being taxed there, shall have gained a settlement in said Truro,
and shall not subsequently have gained a setllement in any other
town or place, shall, with their descendants, be considered as
having their lawful settlement in said town of Provincetovvn : pro-
vided, however, that, if said persons, subsequently to their being
on said first lot, shall have removed to any other part of the town
of Truro, and by any of the means aforesaid would have gained a
settlement in Truro, if they had not lived in said first lot, their
lawful setllement shall still be in Truro.

Sect. 3. Be it further enacted, That the dividing line be-
tween the town of Truro and the town of Provincetown shall, in
future, be the line between the first and second lots of said town
of Truro, as they have been known since the passing of an act,
entitled " an act to set off Silas Alkins, Junior, and others, from
the town of Truro, and annex them to the town of Province-
town," and, before the passing of said act, the third and fourth
lots of said town of Truro, and as the said line now runs across
the cape, from the waters of the harbour, upon the south inside,
to the sea upon the north or back side : provided, that nothing in
this act shall alter or diminish the right of Truro in the lobster
and clam fishery, within the line described in an act of the Gen-
eral Court, passed on ihe fifteenth day of February, in the year
of oiu" Lord one thousand eight hundred and twenty-five, entitled
"an act to prevent the destruction of the lobster and clam fishery
in the town of Truro, in the county of Barnstable, and to pre-
serve and regulate the same, within the waters and shores of said
town." [March 2, 1829.]

An Act lo incorporate Trustees of the Ministerial Fund of the First Congregational
Society in Boylston.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That .Tothain Bush, James Longley, Aaron While,
Abijah Flagg, Asaph Andrews, .John Andrews and Nathaniel
Davenport, and their successors, be, and they are hereby con-
stituted a corporation, by the name of the " Trustees of the
Ministerial Fund of the First Congregaliot)al Society in Bolys-
ton," with power to hold real and personal estate, not exceeding
in value the sum of ten thousand dollars, and with power also to
appoint all such officers, and ordain all such by-laws, as may be
necessary and convenient in the management of said fund : pro-
vided, such by-laws are not repugnant to the laws and constitution
of this Commonwealth.

Sect. 2. Be it further enacted. That the number of said
trustees shall never be less than seven, and that four shall be a
quorum to transact business, and that said trustees be authorized
to receive and hold, manage and improve all property now con-
stituting said fund, and whatever may be hereafter given to in-
ciease the same, subject to the limitation aforesaid, and said

1828 Chap. 119—122. 791

trustees shall apply the income thereof to the support of the min-
ister of said society forever, and if the said income shall exceed
the annual salary of such minister, then the surplus shall be ap-
plied to such other parochial charges as the society shall direct,
and said trustees shall be liable, in their private capacities, for any
official mismanagement of said trust ; they shall keep, for the Trustees' lia-
inspection of said society, a fair record of their proceedings, and '^''''^•
shall make an annual statement of the receipts and expenditures
to said society, and shall receive no compensation for their ser-
vices other than what said society may make to them ; and all
vacancies in said board of trustees shall be filled by said society,
at any legal meeting thereof held for that purpose.

Sect. 3. Be it further enacted. That Jotham Bush, above First meeting.
named, be authorized to call the first meeting of said trustees, by
causing to be left at their several places of abode, at least ten
days previous to the same, a written notice, setting forth the
time, place and purposes thereof.

Sect. 4. Be it further enacted. That the Legislature may. Legislative con-
at any time, alter, amend or repeal this act. [March 3, 1829.] ^'■*^'-

An Act declaring and confirming the incorporation of the Proiirietors of the First /^j -i c)cy

Church in Boston. l^liap 1 ZZ.

Sect. 1. BE it enacted by the Senate and House of Re-
presentatives, in General Court assembled, and by the authority
of the same, That all persons who now are or hereafter may be. Proprietors of
the proprietors of pews in the meeting-house in Chauncey Place, ^ated '"*^°'^''°'
in Boston, be, and they hereby are declared and confirmed, to
be a body corporate and politic, by the name of " the First
Church in Boston," with power to elect such officers, and to
pass such by-laws, as may be necessary for the proper manage-
ment of their affairs, and with all other powers, rights and privi-
leges, which, by the constitution or laws of this Commonwealth,
belong to parishes ; and with power also to purchase, take and Estate,
hold, any estate, real, personal or mixed, for the support of the
ministry, and the suitable maintenance of the public worship of
God, and the same to sell, mortgage or otherwise dispose of,
as they may see fit : provided, that the whole estate of the said Proviso,
corporation, exclusive of their meeting-house, shall not exceed,
in its annual income, the sum of five thousand dollars, and
the said corporation shall be, and hereby are declared in law to
be seized and possessed of the said meeting-house, with all the
land under and adjoining the same, and of all other lands, tene-
ments and estate heretofore possessed and enjoyed by the propri-
etors of the First Church, or by the deacons, or any other offi-
cers of the same for their use, with all the rights, privileges and
appurtenances to the same belonging, reserving however to the
several proprietors of pews in the said meeting-house, their
right to, and interest in, their said pews respectively.

Sect. 2. Be it further enacted. That the said proprietors Privileges and
shall be entitled to all the privileges which they have heretofore '^""^^•
in fact enjoyed, and shall be subject to all the duties they have

792

1828.-

-Chap. 122—124.

Assessments.

Pews liable to
be sold for the
payment of as-
sessments.

Officers.

First meeting.

Legislative
control.

Chap 123.

1825 eh. 52.

1826 eh. 97.

Members ex-
empt from mili-
tia duty after
seven years
service.

heretofore in fact been subject to, and shall be bound by all the
contracts they have heretofore in fact entered into.

Sect. 3. Be it further enacted^ That all monies raised by
the said proprietors, for any lawful purpose, shall be assessed
upon the several proprietors of the pews in said meeting-house,
or in any other meeting-house, that may be substituted therefor,
according to the relative value of the said pews, regard being had
to their situation and convenience, and the said pews shall be
held liable to be taken and sold for the payment of all assessments
duly made, and for the discharge of all expenses incurred by such
sale, in such manner, and upon such events, circumstances and
conditions, as have been, or may be hereafter ordered and direct-
ed by ihe said pioprietors, at any legal meeting, and which are
or may be summarily expressed and contained in the deed or
conveyance of the pews ; and the said assessments shall be con-
sidered as a lien upon the said pews.

Sect. 4. Be it further enacted^ That the present officers
of the said proprietors, shall be, and remain in office until the
first annual meeting of the said corporation, unless by decease or
resignation, tiie place of any of them should become vacant, in
which case the said proprietors may elect others to fill such va-
cancies ; and the said officers shall cause the first meeting of the
said corporation to be called by a printed notification to each
proprietor of a pew in said meeting-liouse, and afterwards notice
of the meetings of said corporation shall be given in such manner
as the corporation shall direct.

Sect. 5. Be it further enacted, That this act may be alter-
ed, amended or repealed at the pleasure of the Legislature.
[March 3, 1829.]

An Act in addition to an Act establishing a Fire Department in 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,
That every member of the Fire Department of the city of Bos-
ton, who shall produce a certificate, signed by the mayor of said
city, that he has served as a member of said Fire Department
for seven successive years after the age at w hich the laws of the
United States, or of this Commonwealth, may hold the citizens
thereof liable to enrolment in the militia, shall be exempted from
all militia duty excepting that of keeping himself constantly fur-
nished with the arms and equipments required by the laws of the
United States, and the duty of carrying or sending them on the
first Tuesday of May, annually, to the place of inspection or view^
of arms of the company, within whose bounds he may reside,
and in which he is enrolled. [March 3, 1829.] Add. act,
1831 ch. 52.

C/m7>124.

1826 ch. 81.

An Act to revive and continue in force an Act to preserve and secure from damage
Marshfield Beach, and the meadows thereto adjoining.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That an act made on the twenty-first day of February, in the

1828. Chap. 124—126. 793

year of our Lord one thousand eight hundred and twenty-seven,
entitled " an act to preserve and secure from damage Marshfield St. 1826 ch. 8i.
Beacli, and the meadows thereto adjoining," be, and the same is
hereby revived, re-enacted and continued in force, and the same
and every provision and clause therein contained, shall have the
same force and effect as if the condition and limitation expressed
in the eighth section thereof had not been contained therein :
provided^ that the inhabitants of the town of Marshfield, at a le- Proviso,
gal town meeting called for that [)urpose, shall, by a written vote,
determine to adopt the said act within six months after the pass-
ing of this act, and not otherwise. [March 3, 1829.]

An Act to set off Samuel Gibson from the Town of Fitchburg, and annex him to the C/fldT) 125.
Town of Ashby. -*

Skct. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority of
the same, That Samuel Gibson, his family, and his buildings of Persons, &c.
every description, together with so much of the farm, whereon
he now lives, east and north of the following described lines, to
wit : beginning at the southwest corner of the town of Ashby, Boundary,
thence running south twelve degrees east, ninety-six and an half
rods to the southwest corner of the said Gibson's farm, thence
north eighty-two degrees east, two hundred and thirty-five rods,
to the east line of said Gibson's farm, where it intersects the
line of Ashby and Fitchburg, be, and they hereby are set off
from the tovvn of Fitchburg, in the county of Worcester, and
annexed to Ashby, in the county of Middlesex, and the said
Samuel Gibson and his family shall hereafter be considered in-
habitants of the town of Ashby, and shall there exercise and en-
joy all their rights and privileges, and shall be subject to all the
duties and requisitions in the like manner with the other inhabi-
tants of said town of Ashby : provided, however, that the said l*'"oviso.
Samuel Gibson shall be holden to pay all taxes which have been
legally assessed upon him by the town of Fitchburg prior to the
passing of this act.

Sect. 2. Be it further enacted. That all persons who shall Settlement of
become poor and stand in need of relief, and who have gained P^"P®''^-
or shall hereafter gain lawful settlements on the land hereby set
off from said town of Fitchburg to said town of Ashby, either
by themselves or derivatively, shall be considered the proper
poor of said Ashby, and be supported therein. [March 3,
1829.]

An Act to incorporate the President, Directors and Company of the Cohannet Bank, r^hnin 1 2fi

Sect. 1. BK it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That John Mason Williams, Job Godfrey, William Persons incor-
Read, Dan Wilmarth, Jr., Jacob Chapin, their associates, sue- poi^aied.
cessors and assigns, shall be, and they hereby are created a cor-
poration, by the name of the President, Directors and Company
of the Cohannet Bank, and shall so continue for the term of
twenty years, from and after the first Monday in October, in the

VOL. VI. 100

794

1828.-

-Chap. 126—129.

Powers and du-
ties.

1828 ch. 96.

Capital stock.

[Capital in-
creased, 1836
ch. 110.]

Location.

First meeting-.

Chap 121.

Selectmen au-
thorized to ap-
point additional
enginemen.

Chap 129.

1815 ch. 43.

Sale of right of
taking fish.

Penalty for tak-
ing fish contra-
ry to the pro-
visions of this
act.

year of our Lord one thousand eight hundred and thirty-one,
subject to all the rules, limitations, restrictions, liabilities and
provisions, and entitled to all the privileges and immunities spe-
cified and contained in an act, passed on the twenty-eighth day of
February, in the year of our Lord one thousand eight hundred
and twenty-nine, entitled "an act to regulate banks and bank-
ing."

Sect. 2. Be it further enacted, That the capital stock of
said corporation shall consist of the sum of one hundred thou-
sand dollars, to be divided into shares of one hundred dollars
each, to be paid in such instalments, and at such times, as the
stockholders may direct and determine : provided, the whole be
paid within one year from the passing of this act.

Sect. 3. Be it further enacted, That the said bank shall
be established in the town of Taunton, and that any one of the
persons before named shall be authorized to call the first meeting
of said corporation, by advertising the same in any newspaper
printed in the town of Taunton, ten davs at least before said
meeting. [March 3, 1829.] Add. act's, 1830 ch. 139 : 1S3G
ch. 110.

An Act empowering the Selectmen of the Town of Roxbury to increase the number
of Enginemen in said Town.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That the selectmen of the town of Roxbury, for the time being,
whenever they deem it expedient, are hereby authorized and
empowered hereafter, to nominate and appoint twenty engine-
men, in addition to the number now authorized by law, to be at-
tached to any suction engine which may hereafter be owned and
established in said town, which enginemen so appointed shall be
subject to the same duties, and vested w^ith the same powers,
rights and privileges, and entitled to the same exemptions with
other enginemen as now by law provided. [March 3, 1S29.]

An Act further to regulate the Shad and Alewive Fishery in the town of Maiden.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That, from and after the passing of this act, it shall
and may be lawful for the inhabitants of the town of Maiden, in
the county of Middlesex, at any legal meeting to be holden for
that purpose, in each year, to sell at public auction the right and
privilege of taking the fish called shad and alewives, within the
limits of said town with one seine or dragnet only, on two of
the days only, in each week, on which it is now lawful to take
said fish in said town, and all monies arising from the sale of
said right and privilege, shall be paid into the tieasury of said
town, and be appropriated for the support of the poor thereof.

Sect. 2. Be it further enacted, That if the purchaser or
purchasers of the said right and ))rivilege, or those employed by
them, shall presume to take any of the said fish with more than
one seine or dragnet, or on any other than two of the da}-s

1828 Chap. 129—130. 796

in each week, on which it is lawful to take said fish in said
town ; and if any other person or )Dersons whatever, shall at
any time take any of the said fish with a seine or dragnet within
the limits of said town, every person so offending, shall, for
each offence, forfeit and pay a sum not exceeding twenty dollars
nor less than ten dollars, to be recovered by an action of debt
in any court proper to try the same, one half to the use of said
town of Maiden, and the other half to him or them who shall
sue for the same : provided, hoioever^ that nothing in this act proviso,
contained shall be so construed as to prevent any of the inhab-
itants of said town from taking said fish with dip nets as has been
heretofore their custom. [March 3^ 1829.]

An Act to incorporale the trustees of the First Methodist Episcopal Church and So- C^hfin 1 SO
ciety in Salem. I *'-'^*

Sect. I. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authori-
ty of the same, That Jesse Fillmore, Samuel Berry, Jonathan Persons incor-
Smothers, Joseph Dixon and Richard Frost, of Salem, be, porated.
and they hereby are, constituted a body corporate, with their as-
sociates and successors, by the name of the trustees of the First
Methodist Episcopal Church and Society in Salem.

Sect. 2. Be it further enacted, That the said trustees. Election of of-
and their associates and successors, may elect such officers, and j^^^""^^"*^ ""•"-
make and ordain such by-laws and regulations, as they may deem &c. '

necessary for their own government, and the management of the
funds committed to their care, not repugnant to the constitution
and laws of this Commonwealth. The number of trustees shall
not exceed nine, or be less than five, a majority of whom shall
constitute a quorum for the transaction of business.

Sect. 3. Be it further enacted. That said trustees, and Property,
their associates and successors, shall have power to hold and
possess all the property belonging to said church and society,
both real and personal, in trust for the use and benefit of said
church and society, for the purpose of promoting and supporting
the public worship of God, according to the usages of the meth-
odist episcopal church, and other benevolent and religious pur-
poses ; consistent with the interest of said church and society,
and all vacancies in said board of trustees, occurring by death,
resignation or otherwise, may be supplied by said trustees in
such manner as they may direct in their by-laws, and in conform-
ity to the usages of said church.

Sect. 4. Be it further enacted. That all gifts, grants, be- Donations and
quests, devises or donations made, or which may hereafter be appropriation
made, to said trustees, in their said capacity, for the use and ° '"*^*'™^'
benefit of said church and society, shall be valid to every intent
and purpose, and the said trustees may hold and possess, as
aforesaid, funds consisting of real or personal estate belonging to
said church and society, the annual income of which shall not ex-
ceed two thousand dollars : provided, the same, and the interest
and income thereof, be strictly applied and appropriated to pro-

796 1828. Chap. 130—133.

mote the objects contemplated in this act, and according to the

directions of the donor or donors.
First meeting. Sect. 5. Be it further enacted^ Thai Jesse Fillmore,

before named, be, and lie hereby is, authorized to call the first

meeting of said trustees, by notice of the time and place to each

of the aforesaid trustees, at least seven days before the time of

holding the same.
Legislative con- Sect. 6. Be it further enacted, That this act may be

amended or repealed at the pleasure of the Legislature. [JVIarch

3, 1829.]

ChdX) 131 ■'^" ^^^ '" •''''^'''1°" '° 3" ^^^ '° incorporate the President, Directors and Company
J * of ihe Lowell Bank.

1827 ch. 126. j^^ ^^ enacted by the Senate and House of Represen-

tatives^ in General Court assembled, and by the authority of
Increase of cap- the Same, That the President, Directors and Company of the
Lowell Bank, be, and they hereby are, authorized and empow-
ered to increase their present capital stock by an addition of
fifty thousand dollars thereto, in shares of one hundred dollars
each, which shall be paid, in such instalments, and at such times,
as the president and directors of said bank may direct and de-
Proviso, termine : provided, however, that the whole amount shall be paid
in within one year from the passing of this act : provided^ also,
Bank to be sub- that the said bank shall be governed by all the rules, and sub-
j^/' '°,oio ^l'^^ iected to all the duties, limitations, restrictions, liabilities and

01 St, lo28 ch. ** . , , . ,

96. provisions contained in an act entitled "an act to regulate banks

and banking," passed the twenty-eighth day of February, in the
year of our Lord one thousand eight hundred and twenty-nine.
[March 3, 1829.] Add. acts, 1830 ch. 58 : 1832 ch. 72.

C^llfin 1 SS ^^ ^^"^ ^° ^^^^^ '''^ Town Line between the towns of Medway and Holliston.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
Change of town of the same. That the dividing line between the towns of Med-
and county line, yvay and Holliston shall be altered, and shall hereafter be esiab-
Boundary. lished as follows, to wit : — beginning at the Milford line, be-
tween the farm of Nahum Clark, and the farm formerly owned
by Captain Aaron Pond, thence easterly, on the line between
said farms to the river, thence easterly to the north-east corner
of the Joseph Rider farm, so called, thence easterly to a white
oak tree, about thirty rods north of Captain John Harding's
barn, east of the road, thence easterly to the south line of the
farm formerly owned by Abner Morse, Esquire, on the road
passing through said farm, thence easterly on the line of said
farm to the pond road, so called, thence turning southerly on
said road, about twenty-five rods to the south-west corner of the
old Rockwood farm, so called, thence easterly on the south line
of said Rockwood farm, to the old grant line, so called, thence
northerly on said grant line to the line between said Medway and
Holliston ; and that part of said Holliston which lies south of
said line, shall hereafter belong to said Medway, and lie a part of
the county of Norfolk ; and that part of said Medway which

1828. Chap. 133—135. ^ 797

lies north of said line, shall hereafter belong to said Holliston,
and be a part of the county of Middlesex.

Sect. 2. Be it further enacted, That all persons, who may Settlement of
have obtained or derived a legal settlement by a residence on p^"?^''*-
any of the lands annexed by this act to the said towns of Hol-
liston or Medway, and who shall hereafter become chargeable to
either of said towns for their support, shall be supported by the
town within whose limits such pauper or paupers shall have de-
rived a settlement, according to the lines of said towns, as es-
tablished by this act. [March 3, 1829.]

An Act to change the names of the several persons therein mentioned. Ch(l7) 1 S5

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.
That the several persons herein named shall hereafter be known Names chang-
and called by the names they are hereby respectively allowed to ed.
assume, viz : That John D. Pierce, minor son of .Joseph H. Suffolk.
Pierce, may take the name of John Pierce ; that William Brown
may take the name of Augustus William Browne ; that Oliver
Bliss may take the name of Oliver Henry Bliss ; that John Ran-
dall, minor son of Elizabeth Randall, may take the name of Otis
Gray Randall ; that Bant Hawkes may take the name of George
Washington Hawkes ; that Barnabas Reed may take the name
of George Crosby Reed ; that Charles Ayer may take the name
of Charles Washington Ayers ; that John Leighton Fogaty may
take the name of John Perkins Leighton ; that John Roberts,
book-binder, may take the name of John Gray Roberts ; that
George Gray, minor son of Sally Gray, may take the name of
John Gray ; that Mary Davis, wife of William Davis, may take
the name of Mary Jane Davis ; that Ann T. Jones may take
the name of Anna T. Jones ; that Caroline Maria Sumner may
take the name of Caroline Sumner Harris : that Abba Harris
Sumner may lake the name of Abba Sumner Harris ; that Susan
Eastman, formerly the wife of Samuel Eastman, may take the
name of Susan Elizabeth Osborne ; that Charles Edward East-
man, minor son of the above named Susan, may take the name
of Charles Edward Osborne ; and that Daniel Carney, Junior,
may take the name of Daniel Williaims Carney ; all of the city
of Boston: — That Moses Endicott, of Salem, may take the Essex.
name of Charles M. Endicott ; that William Goodhue, Junior,
of Salem, may take the name of William Penniman Goodhue ;
that Penn T. Richardson, of Salem, may take the name of Penn
Townsend ; that Samuel Ober, 3d., of Beverly, may take the
name of Samuel Stuart Ober ; that Henry Clement Chubuck,
of Boxford, may take the name of Henry Clement Sullivan ;
that Tristam Coffin Otis, of Newburyport, may take the naine of
.Tames Frederick Otis ; that Theodore Norwood, minor son of
Eliza Rowe, of Gloucester, may take the name of Gorham Nor-
wood ; (hat Sarah K. Jewetf, of Ipswich, may take the name of
Sarah Kimball ; that George Schaffer, minor son of Eliza Dex-
ter, of Gloucester, m.ay take the name of George Vila ; that
John Vila Schaifer, minor son of the above named Eliza, may

798

1828. Chap. 135.

Middlesex.

Norfolk.

Worcester.

Hampshire.

Hampden.

Berkshire.

Bristol.

take the name of John Vila ; that Elizabeth Robbins Schaffer,
minor daughter of the before named Eliza, may take the name of
Elizabeth Robbins Vila ; all of the county of Essex: — That
Tilly Whitcomb Eames, minor son of Judith Eames, of Read-
ing, may take the name of Henry Ames ; that Luther Sherman,
Junior, of East Sudbury, may take the name of Luther Wheeler
Sherman ; that Sarah Tarbell, of Lincoln, may take the name
of Sarah Harding Tarbell ; that Abigail Fox Hoar, of Lincoln,
may take the name of Abigail Fox ; that Sally Johnson, of
Reading, may take the name of Sarah Ann Johnson ; that An-
gela Eaton Gould, of Reading, may take the name of Mersylna
Jane Johnson ; all of the county of Middlesex : — That Cor-
nelius Fellows Davis, of Roxbury, may take the name of Charles
Davis ; that Minot Hickox, of Weymouth, may take the name
of Minot Harrington ; that Anjenette Tinkham, daughter of
Reuben Tinkham, Junior, of Wrentham, may take the name of
Anjenette Blake ; that Hiram Cary, of Medway, may take the
name of William H. Cary ; all of the county of Norfolk : — That
James Maccubbin Lingan Ward, minor son of Andrew H.
Ward, of Shrewsbury, may take the name of William Ward ;
that Samuel Cephas Williams, of Shrewsbury, may take the
name of Samuel Putnam Williams ; that Abijah Moore, of Lan-
caster, may take the name of Francis Merritt ; that David
Holder, of Bolton, may take the name of David Green Holder ;
that James Taylor, minor son of John Taylor, of Leominster,
may take the name of John James Taylor ; that Dexter Whit-
ney, of Westborough, may take the name of Dexter Osborne
Whitney ; that Hannah Smith, infant daughter of the late Wil-
liam Smith, of Mendon, may take the name of Maria Emeline
Barber Stone ; that Sarah Larkin, of Bolton, may take the name
of Sarah Ann Haynes ; that Sarah Boutelle, daughter of Sarah
Boutelle, of Leominster, may take the name of Sarah Newton
Boutelle ; all of the county of Worcester: — That Charles
Dwight, of Belchertovvn, may take the name of Charles Hobart
Dwight ; that Hezekiah Watrous Davis, of Amherst, may take
the name of Hezekiah Davis ; that Willard Nelson Taylor, ot
Granby, may take the name of Willard Taylor ; that Flavel
Griswold, of South Hadley, may take the name of John Flavel
Grisvvold ; all of the county of Hampshire : — That Jonathan
Walker, of West Springfield, may take the name of Jonathan
Freeland ; that Nathan David Hall, minor son of Margaret Hall,
of Granville, may take the name of Gordon Nathan David Hall ;
all of the county of Hampden : — That Madison Bowker, of Sa-
voy, may take the name of James Madison Bowker ; that Curtis
Mattoon, minor son of Charles Mattoon, of Lenox, may take the
name of Charles Nash ^Mattoon ; that Caroline Martin, daughter
of Joel Martin, may take the name of Caroline Martin Brown ;
all of the county of Berkshire : — That Archippas C. Hart, of
New Bedford, may take the name of Charles Hart ; that Sion
Seabury, of Westport, may take the name of Franklin P. Sea-
bury ; that Lucy Leonard Richmond, of Tainiton, may take the

1828. Chap. 135—140. 799

name of Lucy Leonard Eaton ; that Thankful Pierce Rich-
mond, daughter of the above named Lucy, may take the name
of Maiia Thankful Pierce Eaton ; all of the county of Bristol : —
That Morse Courtis Watson Hastings, of Sandwich, may take Barnstable,
the name of Watson Hastings ; that Samuel Davis, minor son
of Wendell Davis, of Sandwich, may take the name of Samuel
H. Davis ; that John Thornton Kirkland Davis, minor son of
the above named Wendell, may take the name of Wendell
Thornton Davis ; all of the county of Barnstable : — That Nantucket.
George Coffin, of Nantucket, may take the name of George
Washington Coffin. [March 4, 1829.]

All Act to incorporate the Salem and Boston Stag'e Company. CllCL73 1 ^Q

Sect. 1. BE it enacted by tite Senate and House of Representatives, in General Court '

assembled, and by the authority of the same, That fvobert Manninn;, John Dike, James Persons incor-
Polter, William Manninio-, Woodbury Page, Joseph S. Leavitt, B L. Rand, W. D. porated.
Winchester, Jacob B. Winchester, Benjamin Brax', Albert Knight and Benjamin F.
Whitmore, with such others as may associate with them, their successors and assigns,
be, and they hereby are made a corporation, by the name of tlie Salem and Boston
Stage Company, for the purpose of conveying" passengers between the city of Boston
and the towns of Salem, Beverly and Gloucester, and between ihe town of Salem, and
the towns of Gloucester, Haverhill and Lowell, with liberty to convey passengers to
and from all places ujion the aforesaid routes, and for that purpose shall have all the Powers and
powers and privileges, and shall be subject to all the duties, restrictions and liabilities, duties,
prescribed and contained in an act, entitled " an act defining the general powers and 1808 ch. G3.
duties of manufacturing corporations," passed on the third day of March, in the year
of our Lord one thousand eight hundred and nine, and the several acts in addition
thereto : provided, however, that said company shall not ask or demand, for the con-
veyance of any passenger with usual baggage, any greater sums than the following, to
wit: between the city of Boston and the town of Salem, by way of the Salem turnpike, Rates of fare,
one dollar, and between the same places, by way of Danvers, sevenl^'-five cents ; be-
tween the city of Boston and the town of Gloucester, the sum of one dollar and seventy-
five cents; between the city of Boston and the town of Beverly, one dollar; between
the town of Salem and the town of Lowell, one dollar and fifty cents : between the town
of Salem and the town of Haverhill, one dollar; between the town of Salem and the
town of Gloucester, one dollar ; between the town of Salem and the town of Danvers,
twelve and an half cents ; and between the city of Boston and the town of Lynn, fifty
cents.

Sect. 2. Be it further enacted, That said corapan}- maj- lawfully liold and possess Real and per-
real estate in the town of Salem, not exceeding the value of ten thousand dollars, and sonal estate,
personal estate, not exceeding the value of forty thousand dollars.

Sect. 3. Be it further enacted, That the name of said compan}' shall be conspicu- Name of com-
cusly affixed on all carriages which may be used by them ; and if said company shall pany to be
neglect to comply with this requirement, they shall be liable to forfeit and pay ten dol- affixed to their
lars for each and every day during which any of their said carriages may be emploj-ed carriages,
in the transportation of passengers, without having their said name so affixed thereto ;
whicli forfeiture may be sued for and recovered in any court of competent jurisdiction,
by th^ person who shall first sue for the same, to his own use ; and said company shall Responsibility
be responsible for all baggage or other property committed to them, their agents or for baggage,
drivers, to be conveyed on any of said routes, or any part thereof.

Sect. -i. Be it further enacted. That this act may be amended or repealed at the Legislative
pleasure of the Legislature. [March4, 1829.] Repealed, 1837 ch. 2.33. control.

An Act in addition to an Act, entided "An Act to incorporate the Trustees of the (^hfirt 1 AO
Gloucester Ministerial Fund Society " r '

BE it enacted by the Senate and House of Representatives, in ^^^ *^''- ^^^•
General Court assembled, and by the authority of the same,
That the trustees named in the act, to which this is in addition. Application of
and their successors, may apply such portion of the income of ""^°'^^ ° *^"" •
said fund, annually, to the support of the congregational minister
now settled, or who may be hereafter settled, in said society, as
in their judgment the interests and welfare of said parish may re-
quire. And all such parts of said income, not thus expended,
shall be annually added to, and be considered part of the principal

800 1828. Chap. 140—141.

of said fund, any thing; in the act aforesaid to the contrary not-
withstanding. [March 4, 1829.]

ChctV 141 ^^ ^^^ '" 3''<J'^'°" ^^ '''® several acts establishing the First Parish in Rowley.

1785 ch 54 Sect. 1. B E it enacted by the Senate and House of Represen-

(V. 1. p. 114.) tatives, in General Court assembled^ and by the authority of the

1815 ch. 32. same, That the First Parish in Rowley be, and they hereby

Parish may as- g,,g authorized and empowered to assess a tax on all the polls,

sess tax for the . , • , • • i r • r i i r i i

enlargement of Within tlie territorial limits 01 the same, as heretolore by law es-

bunalground. tablislied and known, and on all such estates, within said limits,
together with such other estates, belonging to the inhabitants liv-
ing within the same, as are liable by law to be taxed, for the
support of public worship, for the express purpose only of ena-
bling the inhabitants within the aforesaid limits to enlarge their
present burial ground, or purchase land for a new one, and for
such other purposes as are necessarily connected therewith, for the
use and the benefit of all the inhabitants living within said limits,
and their successors forever ; and said First Parish in Rowley
shall have power to receive and hold, by deed or otherwise, for

Estate. the aforesaid purposes, so much real and personal estate as shall

be found necessary to carry the purposes of this act into effect.

Parish meeting. Sect. 2. Be it further enacted, That the assessors of the
said First Parish in Rowley shall have power, and it shall be their
duty, to issue their warrant, on application of ten or more of the
qualified voters, residing within the aforesaid limits, to the col-
lector of said parish, or such other person as they may appoint,
requiring him to notify and warn a meeting of all the qualified
voters residing within the aforesaid parish, to be held at such time
and place, and for such purposes, not inconsistent with this act,
as shall be set forth in said application ; the manner of warning
such meeting shall be by posting up notifications at all the several
places of public worship within the limits of said parish, seven
days at least before holding any meeting ; and it shall be the duty
of the clerk of said first parish, to attend all meetings notified and
warned as aforesaid, and to keep a true record of all their pro-
ceedings. And, at any meeting duly convened for the purpose,
a majority of the qualified voters present may agree upon, raise
and grant such sum or sums of money as they may think neces-
sary for the aforesaid purposes, the better to carry the provisions
of this act into effect.

Assessments. Sect. 3. Bc it further enacted, That it shall be the duty of

the said assessors, to assess all such sum or sums of money,
granted as aforesaid, in due form of law, and commit the same to
the collector of the said first parish, who shall have power to col-
lect the same, and pay the same over, at such times as the asses-
sors shall appoint, to the treasurer of said first parish, who shall
receive the same, subject to the order of said assessors, drawn
pursuant to this act. And all the said officers, as aforesaid, are
hereby vested with all the authority necessary for the full accom-
plishment of all the duties required by this act. [J\Iarch 4, 1829.]

1829.-^— Chap. 1—3. 801

An Act in addition to an Act, entitled " An Act to incorporate the Trustees of the Qfi^n 1 44f.

Methodist Religious Society in Boston." -t

Sect. 1. BE it enacted by the Senate and House of Repte- ^ <^ ■'^O-
sentativeSj in General Court assembled^ and by the authority of
the same, That so much of the act, entitleti " an act to incorpo- Repeal,
rate the Trustees of the Methodist Rehglous Society in Boston,"
as relates to the number of said trustees, the number necessary
to constitute a quorum to do business, and the right of the minis-
ter of said society to nominate persons to the office of trustee of
said society, be, and the same is hereby repealed.

Sect. 2. -Be it further enacted, That the number of said Number of trus-
trustees shall at no time exceed nine, all of whom shall be mem- a'lKi'vacande's.
bers of the said society and inhabitants of said Boston, and not
less than five of the said trustees shall constitute a quorum for
the transaction of business ; and whenever there shall occur any
vacancy in the said board of trustees, by reason of death, resig-
nation, removal from office, or otherwise, the secretary for the
time being shall notify and call a meeting of the owners of pews
in said society's meeting-house, who shall nominate some suitable
persons, (being members of said society, and inhabitants of said
Boston,) and from such nominations the reinaining trustees shall
proceed to elect, by a majority of votes, a person to supply such
vacancy.

Sect. 3. Be it further enacted, That this act may be amend- Legislative
ed or repealed at the pleasure of the Legislature. [JMarch 4, control.
1829.]

An Act in addition to an Act entitled " An Act 'for establishing an Academy in f^hftn 1
the Town of Deerfiekl, by the name of the Deerfield Academy." \yUUfJ* 1.

BE it enacted by the Senate and House of Representatives, ^™^ '^^^ ^^•
in General Court assembled, and by the authority of the same, ^^" P" ^^
That, from and after the passing of this act, the number of the Number of trus-
trustees of said academy shall be thirteen, and that the corpora- '®^* increased,
tion thereof, as now constituted, is hereby authorized to fill up
the board in the same manner as vacancies are now filled, any
thing in the act to which this is in addition to the contrary not-
withstanding. [June 9, 1829.]

An Act to establish a Fire Department in the Town of Marblehead. CfldTJm 3

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That the inhabitants of the town of Marblehead, at Town shall
their annual meeting in March or April, for the choice of town ^a^rd^^'^'
officers, shall choose nine persons by ballot for firewards.

Sect. 2. Be it further enacted. That the firewards of said Powers and du-
town, for the time being, and those who shall hereafter be chosen "es of firewards.
as aforesaid, be, and they are hereby authorized and required to
exercise all the powers, and to perform all the duties, in relation
to the nomination and appointment of enginemen, which the se-
lectmen of said town have been heretofore authorized and re-
quired to exercise and perform; and enginemen, appointed by
said firewards, shall be subject to the same duties, and entitled

VOL. VI. 101

802 1829. Chap. 3—4.

to the same privileges and exemptions, as enginemen heretofore
appointed by liie said selectmen.
Fire\yarcis may Sect. 3. Be it further enacted, That the said firevvards be,
men°'°^ ^"^'"^ ^"^ they are hereby authorized, if they shall judge it expedient,
to nominate and appoint any number of enginemen, in addition
to the number now authorized by law, not exceeding, in the
whole, forty-two men to each and every hydraulion or suction
engine, twenty-five men to each and every common engine, four
men to each hose carriage, twenty men to each sail carriage,
twenty men to be employed as a hook and ladder company :
Proviso. provided, that no one shall be appointed and nominated as afore-

said who is a seafaring man ; — and the said enginemen are au-
thorized to organize themselves into distinct companies, under
the direction of the firevvards, to elect captains, clerks and other
By-laws. officers, to establish such rules and regulations as may be ap-

proved by the firewards, and to annex penalties to the same,
which may be recovered by the clerk of any company so organ-
ized, before any justice of the peace in the county of Essex :
provided, that no penalty shall exceed the sum of ten dollars,
and that such rules and regulations shall not be repugnant to the
constitution and laws of this Commonwealth.
Firewards to su- Sect. 4. Be it further enacted, That the said firewards
Sf,^'!!f "-!'-. o, o shall have the care and superintendence of the public pumps and

pumps, cisterns, r . 111.

&.C. cisterns, and also oi the public engmes, hose and sail carriages,

fire hooks and ladders, together with the fixtures and appendages
thereto belonging, and shall cause the same to be kept in good
repair, and may, from time to time, make such alterations and
hnprovements as they shall deem expedient.

Penalties for Sect. 5. Be it further enacted. That if any person shall,

inahcious mju- within the said town of Marblehead, wantonly and maliciously

nes. ., , , ■' , •'

spoil, break, injure, damage or render useless any public pump

or cistern, or any engine, hose carriage or sail carriage, or any
fixture or appendage thereto belonging, and shall be convicted
thereof before the supreme judicial court, he shall be punished
by a fine, not exceeding five hundred dollars, or by imprison-
ment, not exceeding five years, at the discretion of the court,
and be further ordered to recognize, with sufficient surety or
sureties, for his good behaviour, for such term as the court shall
order. [June 11, 1829.]

f^hnn A •^° ^^"^ authorizing the Selectmen of Medford to appoint a Company of Hook and
Ly/LOp. ^. Ladder men.

BE it enacted by the Senate and House of Representatives, in

General Court assembled, and by the authority of the same,

Selectmen may That the selectmen of the town of Medford, in the county of

^Pi?°'"J •'°°'* Middlesex, be, and they hereby are authorized and empowered

and ladder men. • /-< r tt i t t i i • • r

to appoint a Company ot Hook and Ladder men, consisting ot
not more than fifteen, whose duty it shall be, under the direction
of the firewards in said town, to attend fires therein, with fire-
hooks, fire sails and ladders, and to be subject to such further
duties, and organized and provided in such manner, as the said
selectmen shall, from time to time, direct ; and all persons ap-

1829. Chap. 4—6. 803

pointed to said company, pursuant to the foregoing provisions,
shall continue in office during the pleasure of said selectmen,
and be entitled to all the privileges and exemptions to which
enginemen now are, or may hereafter be bylaw entitled. [June
11, 1829.]

An Act empowering the Selectmen of the town of Lynn to appoint a number of (^Afli?. 5.
Hosemen. "

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the selectmen of the town of Lynn, for the time being, are selectmen may
hereby authorized and empowered to appoint certain hosemen, appoint hose-
not exceeding eight in number, whose duty it shall be to have
the charge and management of the hose belonging to the town of
Lynn, under the direction of the firewards of said town ; which
hosemen shall be exempted from the performance of all such
military and other public duties, as the enginemen of the said
town are now bv law exempted from the performance of. [June
11, 1829.]

An Act to incorporate the Essex Mutual Fire Insurance Company. ^j n

Sect. 1. BE it enacted by the Senate and House of Repre- ^'

sentatives, in General Court assembled, and by the authority of
the same, That George S. Johonnot, Samuel Putnam, Phillip Persons incor-
Chase, Ebenezer Seccorab, Abijah Chase, Jonathan Webb, P°''ated.
and their associates, successors and assigns, are hereby consti-
tuted a body politic and corporate, by the name of the Essex
Mutual Fire Insurance Company, with powers and privileges
incident to such corporations, for the term of twenty-eight years.

Sect. 2. Be it further enacted, That when the sum sub- when author-
scribed to be insured shall amount to one hundred thousand dol- ^^^^ '° msure.
lars, said corporation may insure, for the term of from one to
seven years, any buildings, goods, or moveables whatsoever,
to any amount, not exceeding three quarters of the value of the
property insured.

Sect. 3. Be it further enacted. That said corporation may choice of offi-
choose such officers, and establish such by-laws as they may deem ^^^^' ^'^^ ^y'
necessary, not repugnant to the constitution and laws of this
Commonwealth ; and each member shall have as many votes as
he has policies, and may vote by proxy.

Sect. 4. Be it further enacted, That the funds of said cor- investment and
poration shall be vested in stocks, or loaned on security, as the fun'ds°^"*"°° "'^
directors may order, and. shall be appropriated, first, to pay the
expenses of the corporation, and next, to pay the damages which
any member may be entitled to recover on his policy. In case
any member shall have a just claim upon the corporation, ex-
ceeding the amount of their then existing funds, the directors
shall, without delay, assess such sum as may be necessary on the
members, in proportion to the amount of their premiums and
deposits for seven years, but not to exceed triple the amount of
such premiums and deposits.

Sect. 5. Be it further enacted, That, whenever any mein-

804

1829.-

■Chap. 6 — 8.

Levy of execu-
tions.

Policy shall
create a lien.

Manner of en-
forcing lien.

Liability to be
taxed, and first
meeting'.

Chap. 7.

1824 ch. 13.

Allowed further
time to com-
plete turnpike.

Chap. 8.

Persons incor-
porated.

ber shall recover judgment against said corporation, he may levy
his execution on their estate or funds ; but if sufficient estate or
funds cannot be found, he may levy the same on the private
property of any of the directors : provided^ they first refuse or
neglect, for the space of sixty days, to satisfy the execution, after
formal demand made on them for that purpose ; and any director,
whose property may be thus taken, may sustain an action of the
case against the corporation, to recover full and adequate damages
therefor.

Sect. 6. Be it further enacted, That each policy of insur-
ance shall, of itself, without any other ceremony, create a lien
on any building insured, and on the land under it, for the payment
of the premium stipulated in said policy, and of all assessments
lawfully made by virtue thereof, and this provision shall not pre-
vent the taking of other collateral security.

Sect. 7. Be it further enacted, That, in case it should be-
come necessary to resort to the lien on the property insured, the
treasurer shall demand payment of the insured, or his legal rep-
resentative, and likewise of the tenant in possession : and in case
of non-payment, the corporation may sustain an action for any
sum due, either on the deposit note, or by assessment, and their
execution may be levied on the premises insured, and the officer
making the levy may sell the whole or any part of the estate at
auction, giving notice and proceeding in the same manner as is
required in the sale of equities of redemption on execution, and
the owner shall have a right to redeem the estate, by paying the
cost of sale, the amount of the execution, and twelve per cent,
interest thereon, within one year from such sale.

Sect. 8. Be it further enacted, That this corporation shall
be liable to be taxed by any general law of this Commonwealth,
taxing other similar institutions ; and any member named in this
act may call the first meeting, by advertising the same in any
newspaper printed in Salem. [June 11, 1829.]

An Act in addition to an Act, entitled " An Act to establish the Central Turnpike
Corporation."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That the said Central Turnpike Corporation shall be allowed a
further time, until the first day of October next, to complete their
turnpike road ; and they shall retain all their rights and privileges,
and be subject to all duties and liabilities, in the same manner as
if said road were completed within five years from the passing of
the act to which this is in addition. [June 11, 1829.] Add.
act, 1829 ch. 60.

An Act to incorporate the Saxon Cotton and Woollen Factory.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Joseph Head, Henry Gardner, Edward Miller
and Henry H. Jones, with such others as have already associat-
ed, or may hereafter associate with them, their successors and

1829. Chap. 8—11. 805

assigns be, and they are hereby made a corporation, by the name [Name changed
of the Saxon Cotton and Woollen Factory, for the purpose of i^^adi. 35.]
manufacturing cotton and woollen goods in the town of Framing-
ham, in the county of Middlesex, and for those purposes shall
have all the powers and privileges, and be liable to all the duties Powers and du-
and requirements, contained in an act, entitled " an act defining *'^^-
the general powers and duties of manufacturing corporations," isosch. 65.
passed the third day of March, in the year of our Lord one
thousand eight hundred and nine, and the several acts in addition
thereto.

Sect. 2. Beit further enacted, That said corporation may Real and per-
be lawfully seized and possessed of such real estate, not exceed- ^°"^' <^^'^'^-
ing in value one hundred thousand dollars, and personal estate,
not exceeding two hundred thousand dollars, as may be conve-
nient and necessary for the purpose aforesaid. [June 1 1 , 1829.]
Add. act, 1832 ch. 35.

An Act to incorporate the Canton Manufacturing Company. y-Y i q

Sect. 1. BE it enacted by the Senate and House of Repre- -^ *

sentatives, in General Court assembled, and by the authority of
the same, That Benjamin C. Ward, Benjamin Guild and Samuel Persons incor-
Snelling, Junior, together with such others as now have, or porated.
may hereafter associate with them, their successors and assigns,
be, and they are hereby made a corporation, by the name of the
Canton Manufacturing Company, for the purpose of manufactur-
ing cotton and woollen yarn and cloth, in the town of Canton, in
the county of Norfolk, and for this purpose shall have all the Powers and du-
povvers and privileges, and shall be subject to all the duties and ''^s.
requirements, prescribed and contained in an act, passed the third
day of March, in the year of our Lord one thousand eight hun-
dred and nine, entitled "an act defining the general powers and i808ch. 65.
duties of manufacturing corporations," and the several acts in ad-
dition thereto.

Sect. 2. Be it further enacted, That the said Canton Man- K,eai and per-
ufacturing Company, in their corporate capacity, may lawfully *°"^
hold and possess such real and personal estate, as may be neces-
sary and convenient for carrying oh the said manufactures : pro-
vided, the value of such real estate shall not exceed two hundred
and fifty thousand dollars, and the value of such personal estate
shall not exceed two hundred and fifty thousand dollars. [June
11, 1829.]

An Act to incorporate the Proprietors of the Norlhfield Academy of Useful Know- C!h(iri \ 1

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority persons incor-
of the same, That Samuel C. Allen, William Pomeroy, Ja- porated.
bez Parsons, Daniel L. Callender, Timothy B. Dutton, and
Thomas D. Doake, with their associates, successors and as-
signs, be, and they hereby are made a body politic and corpo-
rate, by the name of the Proprietors of the Northfield Academy
of Useful Knowledge, in the town of Northfield, in the county
of Franklin, for the purpose of giving instruction in the mathe-

806

1829.

■Chap. 11—12.

Powers and pri-
vileges.

Real and per-
sonal estate.

Assessments.

Shares of de-
linquents may
be sold.

First meetinj

Leffislative con-
trol.

Chap. 12.

Persons incor-
porated.

matical, physical and mechanical sciences, and in their applica-
tions to the business and arts of life, and in such languages and
literature as may be thought expedient ; and the said corpora-
tion shall have power, from time to time, to choose a clerk,
treasurer, and such other officers as they may judge necessary,
may have a common seal, which they may alter or renew at their
pleasure, may make contracts, sue and be sued, in all actions,
and prosecute and defend the same to final judgment and exe-
cution, and may make and establish any by-laws, rules and reg-
ulations, for the government of their affairs, for the division of
their property into shares, and for the sale and transfer thereof:
provided, the same are not repugnant to the constitution and
laws of this Commonwealth.

Sect. 2. Be it further enacted, That said corporation
may lawfully hold and possess such real and personal estate, not
exceeding in value fifty thousand dollars, as may be necessary
and convenient for the purposes aforesaid.

Sect. 3. Be it further enacted. That the said corporation
may, from time to time, at any legal meeting called for that pur-
pose, assess upon each share in the capital stock, such sum or
sums of money, as they may judge expedient for the objects of
the corporation, and defraying the expenses thereof, to be paid
to the treasurer, at such times as they may direct ; and if any
proprietors shall neglect to pay any such assessment for the space
of fifteen days after such time of payment, it shall be lawful for
the treasurer to sell, at public vendue, such part of the shares of
such delinquent proprietor as may be sufficient to pay such as-
sessments with incidental charges, giving notice of the time and
place of sale, and the sum due on each share, by posting up no-
tice thereof in the town of Northfield, thirty days at least before
the day of the sale thereof, and by publishing the same three
weeks successively before the day of sale, in some newspaper
printed in the said county of Franklin ; and such sale shall be a le-
gal transfer of the share or shares so sold to the purchaser as
aforesaid.

Sect. 4. Be it further enacted. That any one of the per-
sons named in this act may call the first meeting of said corpo-
ration, by giving personal notice of the time and place of meet-
ing, to each of the persons named herein, ten days before the
time of such meeting.

Sect. 5. Be it further enacted, That the Legislature may
at any time alter or repeal this act. [June 1 1, 1829.]

An Act to incorporate the Providence and Bristol Turnpike Corporation.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same. That Mason Barney, James Foster, Asa Armington,
Jabez Bullock, Josiah Medbury, their associates, and such as
may hereafter associate with them, their successors and assigns,
shall be a corporation, by the name of the Providence and Bris-
tol Turnpike Corporation, for the purpose of making a turnpike

1829. Chap. 12—14. 807

road, from the westerly part of the town of Seekonk, (near
Washington bridge in Providence, Rhode Island,) to the south-
easterly part of said Seekonk, in the county of Bristol, in the
most direct and convenient way, as a locating committee shall
think will best accommodate the public ; and for this purpose Powers and
shall have all the powers and privileges, and be subject to all the '•"'■es-
duties, requirements and penalties, contained in "an act defining I804ch. 125.
the general powers and duties of turnpike corporations," passed
on the sixteenth day of March, in the year of our Lord one
thousand eight hundred and five, and the several acts in addition
thereto.

Sect. 2. Be it further enacted, That any two of the per- First meeting,
sons named in the first section of this act, are authorized to call
the first meeting of the said corporation.

Sect. 3. Be it further enacted, That said corporation Rates of toll.
shall erect one gate upon said turnpike road, within the limits of
the Commonwealth of Massachusetts, at which, half the rates of
toll established by said act, defining the general powers and du-
ties of turnpike corporations, shall be taken. [June 11, 1829.]

An Act to confirm a certain tract of Land to the town of Atiiol and tiie county of /^/, „„ 1 cy
Worcester. L/llup, JO.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That the following described tract of land, with the inhabitants Tract of land
thereon, be confirmed to, and considered a part of, the town of confirmed to
Athol, in the county of Worcester, to wit : beginning at a heap
of stones at the southeast corner thereof, on the west line of said
town of Athol, as originally laid out, being a northeast corner of
the town of New Salem, thence westerly, about two hundred
and fifty rods, to a stake and stones near Branch brook, so called,
being the southwest corner of land lately owned by Thomas
Fairbank, thence northerly on the west line of said Fairbank
land, and land now owned by Ephraim Fairbank, about three
hundred rods to Miller's river, thence easterly, up said river,
about two hundred and fifty rods, to the original line of Athol,
thence south, four degrees east, about three hundred rods to the
first mentioned corner. And said inhabitants are hereby con-
firmed and established as inhabitants of said town of Athol and
county of Worcester, with all the rights and privileges thereof.
[June 11, 1829.]

An Act in further addition to an Act incorporating the Massachusetts Mutual Fire f^hrfin 1A
Insurance Company. K^IUIJJ, l'-k»

Sect. 1. BE it enacted by the Senate and House of Rep- y^''^^^- ^^•
resentatives, in General Court assembled, and by the authority i82i cii.'ss!
of the same. That the members of the said corporation, at their ^^^ '^^- ^'^•
annual meeting, shall choose any number of directors, not less choice of dlrec-
than nine, two thirds of whom at the least shall be residents and ^°''s-
inhabitants of the city of Boston, and the directors shall elect one
of their number to be the president of the said corporation, and
shall appoint some suitable person, not a director, to be the sec-

808

1829.-

•Chap. 14—15.

Vacancies.

Investment of
funds.

Repeal.

retary thereof. The members of the corporation shall provide
for the election or appointment of any other officers or servants
that they deem necessary. And in case the number of the direc-
tors shall be reduced below nine, by death, resignation or other-
wise, meetings of the corporation may, at the discretion of the
o'irectors, be called, at such times and places, as they shall order,
for the choice of persons to supply vacancies, and at all such
meetings, twenty members of the corporation shall be a quorum
for the transaction of business.

Sect. 2. Be it further enacted^ That such a proportion of
the funds of the corporation as the directors may order, not ex-
ceeding one third of their personal property, may be invested by
the directors in notes of hand secured by mortgage of real es-
tate.

Sect. 3. Be it further enacted, That so much of the act
passed March, in the year of our Lord one thousand seven hun-
dred and ninety-eight, to which this is in addition, or of any
subsequent act, as provides for the choice of president, direc-
tors and treasurer, and whatever else in said act is inconsist-
ent with this act, be and the same hereby is repealed. [June
11, 1829.]

ChctVt \o» -A" ■'^CT to incorporate the Provincelown Fire and Marine Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, ia General Court assembled, and by the authority of
the same, That Simeon Conant, Jonathan Nickerson, Silas At-
kins, Josiah Snow, Ephraim Cook, Jonathan Cook, Jr., Elisha
Young, Charles A. Brown, Thomas Nickerson, John Adams,
and Godfrey Ryder, with their associates, successors and as-
signs, be, and they are hereby incorporated, by the name of the
Provincetown Fire and Marine Insurance Company, with all the
powers and privileges, and subject to all the restrictions, duties
and obligations, contained in a law of this Commonwealth, enti-
tled " an act to define the powers, duties and restrictions of In-
surance Companies;" passed on the sixteenth day of February,
in the year of our Lord one thousand eight hundred and eighteen,
and in a law of this Commonwealth, entitled, " an act authoriz-
ing the several insurance companies of this Commonwealth to
insure against fire," passed on the twenty-first day of February,
in the year of our Lord one thousand eight hundred and twenty,
for and during the term of twenty years after the passing of this
act, and by that name may sue and be sued, plead and be im-
pleaded, appear, prosecute and defend to final judgment and ex-
ecution, and may have a common seal, which they may alter at
pleasure, and may purchase, hold and convey any estate real or
personal, for the use of said company : provided, they shall not
hold real estate exceeding the value of twelve thousand dollars,
excepting such as may be taken for debt, or held as collateral se-
curity for money due to said company.

Sect. 2. Be it further enacted, That the capital stock of
said company, exclusive of premium notes and profits arising

Persons incor-
porated.

Powers and
duties.

1817 ch. 120.

1819 cii. 141.

Real estate.

Capital slock

1829. Chap. 15. 809

from business, shall be one hundred thousand dollars, and shall

be divided into shares of one hundred dollars each, fifty percent. Shares, and

of which shall be paid in money, by each and every subscriber, Ihereof."™^"'

on the amount of his subscription, within ninety days after the

first meeting of said company, and the residue shall, within twelve

months from the passing of this act, be secured by a deposit of

stock of some bank within this Commonwealth, or shall be paid

in money, in such sum or sums, and at such time or times, (the

last payment not to exceed twelve months from the passing of this

act,) and under such penalties, as the said president and directors

shall, in their discretion, direct and appoint.

Sect. 3. Be it further enacted, That the stock, property, Number of di-
afFairs and concerns of said company shall be managed and con- ""ectors.
ducted by nine directors, one of whom shall be president thereof,
who shall hold their offices for one year, and until others are
chosen, and who shall, at the time of their election, be stock-
holders in said company, and citizens of this Commonwealth,
and shall be elected on the first Monday of January, annually, at
such time and place in Provincetown as the directors for the
time being shall direct, of which election public notice shall be
given, in any newspaper printed in the county of Barnstable, or
any newspaper printed in the city of Boston, ten days at least
previous to the meeting ; and the election shall be made by bal-
lots, by a majority of the votes of the stockholders present, al-
lowing one vote to each share in the capital stock : provided, that Right of voting,
no stockholder shall have more than ten votes, and absent stock-
holders may vote by proxy, under such regulations as the said
company may prescribe, and if, by any accident or mistake, the
directors should not be chosen on the said first Monday of Janu-
ary as aforesaid, it shall be lawful to choose them on any other
day in manner herein provided.

Sect. 4. Be it further enacted, That the directors, when Choice of presi-
chosen, shall meet as soon as may be, after every election, and ^^"''
shall choose out of their body one person to be president, who
shall be sworn or affirmed to the faithful performance of the duties
of his office, and shall preside for one year ; and in case of the
death, resignation, or inability to serve, of the president or any
directors, such vacancy or vacancies may be filled, for the re-
mainder of the year in which they may happen, by a special
election for that purpose, to be notified and held in the same
manner as is herein before provided respecting annual elections
of directors.

Sect. 5. Be it further enacted, That the president and four Board of direc-
of the directors, or five of them in his absence, shall be a board *°"-
competent to the transaction of business, and all questions before
them shall be decided by a majority of votes, and they shall have
power to make and prescribe such by-laws, rules and regulations, By-laws,
as to them shall appear needful and proper, touching the manage-
ment and disposition of the stock, property, estate and effects of
said company, and the transfer of the shares, and touching the
conduct and duties of the several officers, clerks and servants

VOL. vr. 102

810

1829.-

■Chap. 15—17.

First meeting.

Conditions of
this act.

Location.

Liability to be
taxed.

Capital stock
not to be trans-
ferred for one
year.

Chap. 17.

Names chang-
ed.

Essex.

Middlesex.

Worcester.

employed, and the election of the directors, and all such matters
as appertain to the business of insurance : and they shall also
have power to appoint a secretary, and so many clerks, for car-
rying on the said business, and with such salaries and allowances
to them and to their president, as to said board shall seem meet :
provided^ such by-laws and regulations shall not be repugnant to
the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted^ That any five of the per-
sons named in this act are hereby authorized to call a meeting of
said company, by advertising the same in any newspaper printed
in the county of Barnstable, or the New England Palladium,
printed in the city of Boston, fourteen days at least before the
day on which the choice is to be made, for the purpose of elect-
ing their first board of directors, who shall remain in office until
the first Monday of January next, and until others shall be elected
in their stead : provided, however, that this charter shall be void
and of no effect, unless put in operation, agreeably to the terms
of it, within one year from and after the passing of this act : and
provided, also, that said company shall not take any risk, or sub-
scribe any policy, by virtue of this act, until one moiety of the
capital of said company shall have actually been paid in, or secur-
ed in manner before provided.

Sect. 7. Be it further enacted, That the said insurance
company shall be located and kept in the town of Provincetown.

Sect. 8. Be it further enacted. That said insurance com-
pany shall be liable to be taxed by a general law providing for the
taxation of all similar corporations.

Sect. 9. Be it further enacted, That the capital stock of
said company shall not be sold or transferred, but shall be holden
by the original subscribers thereto, for and during one year after
this charter shall be put in operation as aforesaid. [June 12,
1829.]

An Act to change the names of the several persons therein mentioned.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That Benjamin Crosby Home, of Gloucester, may take the
name of Benjamin Crosby Orne ; that Platts Phillips, of Dan-
vers, may take the name of Alonzo Platts Phillips ; that Judith
Dodge, of Danvers, may take the name of Julia Therese Dodge,
— all of the county of Essex ; that Clarissa Maria Butterfield, a
minor, of Lowell, may take the name of Maria Tyler ; that Char-
lotte Susannah Dodge, a minor, of Newton, may take the name
of Charlotte Augusta Crehore, — all of the county of Middlesex ;
that Sterns Witt, of Oxford, may take the name of Sterns De
Witt ; that Alexander C. Witt, of Oxford, may take the name
of Alexander De Witt ; that Hollis Witt, of Leicester, may
take the name of Holli? De Witt ; that Mary Walker Green, of
Oakham, may take the name of Mary Walker Felion ; that Fran-
cis Merritt, of Lancaster, may take the name of Francis Merritt
Moore ; that George Ferguson, a minor, of Worcester, may take

1829. Chap. 17—20. 811

the name of George Ferguson Butman ; that Joseph Morse, .Tr.,

of Leominster, may take the name of Joseph George Morse ;

that Samuel Brooks, 4th, of Ashburnhatn, may take the name of

Ira Brooks, — all of the county of Worcester ; that Harriet An- Hampshire.

drews, of Ware, may take the name of Harriet Frances Andrews ;

that James Waterman, of Ware, may take the name of James

Henry Waterman, — all of the county of Hampshire ; that Archi- Norfolk.

bald C. Witt, of Franklin, in the county of Norfolk, may take

the name of Archibald De Witt ; that Lydia Damon, a minor, Plymouth.

of Scituate, in the county of Plymouth, may take the name of

Lydia Thomas Jones Damon.

And the several persons herein named shall hereafter be cal-
led and known by the names which, by this act, they are respec-
tively allowed to assume as aforesaid ; and the same shall be
considered as their only proper and legal names. [June 12,
1829.]

An Act in addition to an Act, entitled " An Act concerninff Juvenile Offenders in the /^j i n

city of Boston." Chap. 18.

BE it enacted by the Senate and House of Representatives^ in ^^^^ <=''• '^2-
General Court assembled, and by the authority of the same, That Party aggriev-
any party age;rieved by the sentence of the police court or any ^^ "^^y. appeal

• .• J r J . . .1 J .- c to municipal

justice thereol, passed pursuant to the second section ot an act, court,
entitled " an act concerning juvenile offenders in the city of
Boston," may appeal from such sentence, to the next municipal
court in the said city, whose judgment shall be final, as in other
cases of appeals from the judgment of justices of the peace, to
the courts of common pleas, in criminal cases ; the party ap-
pealing, recognizing with sufficient surety or sureties, to the sat-
isfaction of the justice of the police court, by whom the sen-
tence is passed, to enter and prosecute such appeal, and in the
mean lime to keep the peace, and be of good behaviour. [June
12, 1829.]

An Act to incorporate the Danvers Mutual Fire Insurance Company. C^hftTl 90

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled^ and by the authority of
the same, That Ebenezer Shillaber, William Sutton, Sylves- perso„s ■
ter Osborn, Edward Southwick, John W. Proctor, Henry porated.
Cook, Joseph G. Sprague, Amory Felton, Sylvester Osborn,
Jr., Abner Sanger, Benjamin Goodridge, Jonathan Shove, An-
drew Nichols, Benjamin Jacobs, Caleb L. Frost, Elijah Upton,
Joseph Tufts, Jr., Jonathan Dustin, Nathan Poor, Rufus Wy-
man, Stephen Upton, Oliver Saunders, Isaac Elliot, Caleb
Smith, Robert S. Daniels, David Daniels, Lewis Allen, Ken-
dall Osborn, Eben S. Upton William W. Litde, John Nutting,
Joseph Shaw, Jr., Amos Osborn, Jr., John Page, Caleb Oakes,
Nathaniel Putnam, Samuel Preston, John Preston, Elias Put-
nam, and their associates, successors and assigns, are hereby
constituted a body politic and corporate, by the name of the
Danvers Mutual Fire Insurance Company, with the powers and

812 1829. Chap. 20.

Powers and pri- privileges incident to such corporations, for the term of twenty-
vileges. eight years.

When corpora- Sect. 2. Be it further enacted, That when the suni sub-
tion may insure, scribed to be insured shall amount to the sum of fifty thousand
dollars, said corporation may insure, for the term of from one to
seven years, upon any building, merchandize, goods or furniture,
not exceeding three quarters of the value of the property in-
sured.
Officers, by- Sect. 3. Be it further enacted^ That said corporation may

laws, votes. choosc such officers, and establish such by-laws as they may
deem necessary, not repugnant to the constitution and laws of
this Commonwealth ; and each member, at any meeting of the
corporation, shall have as many votes as he has policies, and
may vote by proxy.
Investment and Sect. 4. Be it further enacted^ That the funds of said cor-
of'fuii^sr '"" poration shall be vested in stocks, or loaned on such security as
the directors may order, and shall be appropriated, first, to pay
the expenses of the corporation, and next to pay the damages,
which any member may be entitled to recover on his policy. In
case any member shall have a just claim upon the corporation,
exceeding the amount of their then existing funds, the directors
shall, without delay, assess such sum as may be necessary, on
the members, in proportion to the amount of their premiums and
deposits for seven years, but not to exceed double the amount
of such premiums and deposits.
Levy and sat- Sect. 5. Be it further enacted, That whenever any mem-
isfaciion of ex- bcr shall recovcr judgment against said corporation, he may levy
ecutions. j^jg execution on their estate or funds, but if sufficient estate or

funds cannot be found, he may levy the same on the private pro-
perty of any one of the directors, provided the board of direc-
tors first refuse or neglect, for the space of sixty days, to satisfy
the execution, after formal demand made on them for that pur-
pose, and any director, whose property may be thus taken, may
sustain an action of the case against the corporation, to recover
full and adequate damages therefor.

Policies shall Sect. 6. Be it further enacted. That each policy of insur-

createalien. iii^.i;'.! i i-

ance shall, ot itseli, without any other ceremony, create a iien

on any buildings insured, and on the land under the same, and
also on any other property which may be insured, and this pro-
vision shall not prevent the taking of other collateral security.
Resort to the Sect. 7. Beit further enacted, That in case it shall be-

'•*"• come necessary to resort to the lien on the property insured, the

treasurer shall demand payment of the insured or his legal repre-
sentative, and likewise of the tenant in possession ; and in case
of non-payment, the corporation may sustain an action for the
sum due, either on the deposit note, or by assessment, and their
execution may be levied on the insured premises, and the officer
making the levy, may sell the whole or any part of the estate at
auction, giving notice and proceeding in the same manner as is
required in the sale of equities of redemption on execution ; and
the owner shall have a right to redeem the estate, by paying the

1829 Chap. 20—21. 813

costs of sale, the amount of the execution, and twelve per cent,
interest thereon, within one year from said sale.

Sect. 8. Be it further enacted, That this corporation shall Liability to be
be liable to be taxed by any general law of this Commonwealiii, J^eeting"'^ ^'^^^
taxing other similar institutions ; and any two or more of the
seven persons first named in this act, may call the first meeting
of said corporation, by advertising the same in any one or more
of the newspapers printed in Salem, in said county of Essex.
[June 12, 1829.]

An Act to establish a Fire Department in the town of Charlestown. Ch(tp% 21 •

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That the Fire Department of the town of Charles- Selectmen may
town, shall hereafter consist of one chief engineer, and as many appoint engi-
other engineers, firemen, hosemen, and hook and ladder men, '
as shall, or may, from time to time, be appointed by the se-
lectmen of said town, which appointments shall be valid until the
first town meeting subsequently holden in said town, when the
same shall be laid before said meeting for their approbation.

Sect. 2. Be it further enacted. That the selectmen of said Certificates of

, , , '' , , I • 1 1 -J appointments.

town be, and they are hereby authorized and required, so to ap-
point all or as many of said officers as they may from time to
time deem necessary and expedient, and when the same shall be
confirmed as aforesaid, it shall be the duty of the said select-
men to cause certificates to be issued of such appointments.

Sect. 3. Be it further enacted, That it shall be the duty Duties of fire-
of the said selectmen to fix and ordain, from time to time, the inen, &c.
powers and duties of those officers respectively, in relation to
fire engines, and all other fire apparatus belonging to, or used in
said town, and also in relation to the care and management there-
of, and to fix and ordain rules and regulations for the conduct
of the said officers, and of the citizens present at fires, and to
annex penalties for the breach of any rules or regulations they
may so fix and ordain, not exceeding twenty dollars.

Sect. 4. Be it further enacted. That the chief and other Powers of en-
engineers, so appointed, shall have the same power and author- g'neers.
ity relative to the pulling down or demolishing any house or
other building, to prevent the spreading of fires, and also rela-
tive to all other matters and things affecting the extinguishment
or prevention of fires, or the comnaanding assistance at them, as
fire wardens now by law have ; and the said town of Charlestown
shall be liable to pay all such reasonable compensation for dam-
age done by, or consequent upon the acts or directions of said
chief and other engineers, as other towns of this Com-
monwealth are liable to pay in like cases for like acts and direc-
tions, done or given by their fire wardens, and all fines and for-
feitures arising within the said town of Charlestown, under die
laws of this Commonwealth relative to the extinguishment of or
proceeding at fires, shall be distributed in such way and manner,
and applied to such uses, as the said selectmen shall from time to

814 1829. Chap. 21—22.

time ordain and determine, any thing in said laws to tiie contrary
notwithstanding.

Sect. 5. Be it further enacted, That the said chief and
other engineers shall have the same powers and authorities as
have been heretofore vested in the firewards of said town by the
[Probably 1813 act, entitled " an act regulating the storage, safe keeping and
^'" J transportation of gunpowder in the town of Charlestown."

Firemen exempt Sect. 6. Be it further enacted. That every member of
duty,""'"^'^"^ said fire department shall be held to produce, within thirty days
after he shall have become a member of said department, and
annually in the month of May thereafter, to the commanding offi-
cer of the militia company within whose bounds he may reside,
a certificate from the selectmen, stating that he is a member of
said department, which certificate shall exempt him from military
duty so long as he shall remain a member of said fire department;
and every member of said department, who shall produce a cer-
tificate signed by the chairman of the board of selectmen of said
Charlestown, stating that he has served as a member of said de-
partment for seven successive years, after the age at v;hich the
laws of the United States, or of this Commonwealth, may hold
the citizens thereof liable to enrolment in the militia, shall be
exempted from all military duty, excepting that of keeping him-
self constantly furnished with the arms and equipments required
by the laws of the United States, and of this Commonwealth,
and the duty of carrying or sending them annually to the place of
inspection or view of arms of the company, within whose bounds
he may reside and in which he is enrolled.
Repeal. Sect. 7. Be it further enacted, That from and after the

organization of a fire department under this act, and notice
thereof given in one or more newspapers published in the town
of Charlestown or city of Boston, by the selectmen of said
Charlestown, all laws of this Commonwealth relating to the elec-
tion and appointment of firewards, so far as they affect the
election or appointment of firewards within said tow'n of Charles-
town, be, and the same are hereby repealed.
When this act Sect. 8. Be it further enacted, That the provisions of

shall take ef- this act shall not take effect until the same shall have been ac-
cepted by the citizens of said Charlestown, assembled in town-
meeting legally warned for that purpose. [June 12, 1829.]

ChttT) 22 ^^ ^^''^ ^** incorporate the Massachusetts Horticultural Society.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the samc. That Zebedec Cook, Jr., Robert L. Emmons, Wil-
porated. ham Worthington, B. V. French, John B. Russell, J. R.

Newhall, Cheever Newhall, and Thomas G. Fessenden, their
associates and successors, be and they hereby are incorporated,
under the name, and by the description of the Massachusetts
Horticultural Society, for the purpose of encouraging and im-
proving the science and practice of horticulture, and promoting
the amelioration of the various species of trees, fruits, plants and
vegetables, and the introduction of new species and varieties ;

1829. Chap. 22—23. 815

with power to make by-laws not inconsistent with the laws of the Powers and
Commonwealth, for the regulation of said society and the man- P"vilcges.
agement of the same and of its concerns ; to receive donations,
bequests and devises, for promoting the objects of said society ;
to lay and collect assessments on the members not exceeding two Assessments,
dollars per annum ; to enforce the payment of such assessments
by action for the same ; to purchase and hold real estate to the Real and per-
amount of ten thousand dollars, and personal estate to the amount *""^ estate.
of twenty thousand dollars ; to elect a treasurer, secretary and
other officers, the appointment of which shall be provided for in
the by-laws of said society ; the meeting for the election of such
officers to be called at the times and in the manner provided in
such by-laws ; to empower the president, directors, comptrollers,
treasurer, committees, or other officers or members, or any at-
tornies, agents or representatives of said society, to transact the
business, manage and apply the funds, discharge the functions,
and promote the objects thereof; to authorize any of the mem-
bers or officers of said society to fill vacancies in the various
offices of the same, that may happen in the intervals between the
meetings of the members for choosing officers ; and to com-
mence and defend suits.

Sect. 2. Be it further enacted^ That in case the said cor- Liability of offi-
poration shall, at any time, contract debts beyond their means *^^''® ^°'^ deh\s.
and ability to pay at the time of contracting the same, the officers
or other agents of said corporation, so contracting such debts,
shall be personally liable for the same.

Sect. 3. Be it further enacted^ That any member of said Members may
corporation may cease to be a member thereof, by giving notice ,fo^ac'e. ^ g'^'"g
to that effect to the president, treasurer, secretary, or other offi-
cers, and paying the amount due from him to the society.

Sect. 4. Be it further enacted-, That the first meeting of First meeting,
the members of said corporation may be called by any two or
more of the persons nained in the first section, by giving one
week's notice or more, by advertisement in any newspaper
printed in Boston.

Sect. 5. Be it further enacted^ That this act may be al- Legislative cen-
tered or repealed at the discretion of the Legislature. [June ""°'"
12, 1829.] Add. acts, 1831 ch. 69 : 1834 ch. 98.

An Act authorizing the Selectmen of Cambridge to appoint Hook and Ladder Men. C/lCtp, 2o.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That the selectmen of the town of Cambridge, in the county of Selectmen may
Middlesex, be, and they are hereby authorized and empowered appo'nihook

' ' •' . •' . . ^ ^ . and ladder men.

to appoint a company or companies, consisting ot not more m
the whole than thirty men, whose duty it shall be, under the
direction of the firewards of said town, to attend fires therein
with fire hooks and ladders, and to be subject to such farther
duties, and organized and provided in such manner, as the said
selectmen shall from time to time direct. And all persons ap-
pointed to said company or companies, pursuant to the afore-
going provisions, shall continue in office during the pleasure of

816

1829.-

■Chap. 23—25.

Persons incor-
porated.

said selectmen, and be entided to all the privileges and exemp-
tions to which engine men now are or may hereafter be by law
entitled. [June 12, 1829.]

ChcfPt 24*. -'^" ^^^ ^° incorporate line Proprietors of the Congregational Meeling-House in the
-* * Second or South Parish in Dedham.

Sect. 1. BE it enacted by the Senate and Home of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That David Morse, Lewis Morse, Dean Chickering,
John K. Briggs and Willard Everett, their associates and suc-
cessors, be, and they hereby are made a body politic and corpo-
rate, by the name of the Proprietors of the Congregational Meet-
ing-House in the Second or South Parish in Dedham, for the
purpose of managing the affairs of said meeting-house, and, by
that name, may sue and be sued, have a common seal, and the
same alter at pleasure, and may ordain such rules and regulations
as are not repugnant to the laws of this Commonwealth, and
choose such officers as the good management of the affairs of
said body corporate may at all times require.
Right of voting. Sect. 2. Be it further enacted. That the said proprietors
shall be entitled to as many votes as they have shares, in manag-
ing the affairs of said meeting-house, provided that no one per-
son shall be entitled to more than ten votes.

Sect. 3. Be it further enacted, That said corporate body
shall have power to raise money by assessment on the shares of
the said corporators, for the purpose of keeping said meeting-
house in repair.

Sect. 4. Be it further enacted, That David Morse, the
first on the list of said corporators, may call the first meeting of
said body corporate, by posting notice of the time and place
thereof in some conspicuous place in said ineeting-house, eight
days at least before the time he may so appoint.

Sect. 5. Be it further enacted. That this act shall be sub-
ject to revision or repeal at the will of the Legislature. [June
12, 1829.]

C/lCiPm 2o. -An Act to incorporate the First Baptist Society in Sutton.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- ^^^ Same, That Daniel Tourtelot, Solomon Marble, John Ti-
porated. tus, John Waters, and Samuel Rich 2d., together with such

other persons as may hereafter associate with them, and their
successors, be, and they hereby are incorporated, as a religious
society, by the name of the First Baptist Society in Sutton,
Powers and with all the privileges, powers and immunities, to which religious
privileges. societies are entided by the constitution and laws of this Com-
monwealth.
By-laws. Sect. 2. Be it further enacted, That the said body politic

shall have power to make and use a common seal, and the same
to break and alter, at their pleasure, and to make such by-laws for
the regulation and direction of their business, as shall not be re-
pugnant to the constitution and laws of this Commonwealth.

Assessments.

First meeting.

Legislative
control.

1829. Chap. 25—26. 817

Sect. 3. Be it further enacted, That said body politic ^^^ai estate.
may hold real estate to an amount not exceeding ten thousand
dollars.

Sect. 4. Be it further enacted, That any justice of the First meeting,
peace, for the county of Worcester be, and he hereby is author-
ized to issue his warrant to any member of said society, requir-
ing him to warn the members thereof to meet at such convenient
time and place, in said Sutton, as shall be therein directed, to
choose a clerk, treasurer, and such other officers as they may
deem needful.

Sect. 5. Beit further enacted, That this act may be alter- Legislative
ed, amended or repealed, at the pleasure of the Legislature. *^°"*'^°-
[June 12, 1829.]

An Act to incorporate the Worcester Rail-road Company. C^hflTt 2f>

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Samuel B. Thomas, William E. Green, Isaac Persons incor-
Davis, their associates and successors, be, and they are hereby P'^'^^^^-
made a corporation, by the name of the Worcester Rail-road
Company, for the purpose of locating, constructing and main-
taining a railway, from the lands called the Coal Mines in Wor-
cester, to the waters of Quinsigamond Pond in said town ; and
also from said lands to the banks of the Blackstone Canal in said
town, and for this purpose shall have all the powers and privi- Powers and du-
leges, and be subject to all the duties and requirements, contain- ''^*-
ed in an act, passed on the third day of March, in the year of
our Lord one thousand eight hundred and nine, entitled, "an isosch. 65.
act defining the general powers and duties of manufacturing cor-
porations," and the several acts in addition thereto.

Sect. 2. Be it further enacted, That the said corpora- Real and per-
tion may be lawfully seized and possessed of such real and per- *°"^' estate,
sonal estate, not exceeding the value of fifty thousand dollars, as
may be necessary for the purposes aforesaid.

Sect. 3. Be it further enacted, That when said corporation Corporation to
has located eidier of said roads, it shall make report thereof to ol^^road to coun-
any meeting of the county commissioners, then to be holden in ty commission-
the county of Worcester, or to any adjourned term thereof, ^''^'
wherein shall be particularly described the location which shall
have been made, its width, and the materials intended to be used,
and the names of the owners of the lands and materials, as far as
the same can be ascertained ; which said report, so made, shall
be placed on the files of said commissioners, and notice be given
thereof to the owners of the lands and materials embraced therein,
if known, in such manner as the said commissioners shall direct,
at the expense of said corporation ; and the said commissioners
shall thereupon appoint three discreet and disinterested freehold-
ers of said county, as a committee to estimate all damages which Commissioners
any person or corporation, whose lands or materials are described miHee°(restu"''
and mentioned in such report, shall sustain, provided such rail- mate damages,
road be constructed thereon or materials taken therefrom ; and

VOL. VI. 103

818

1829.-

■Chap. 26.

Estimate of
damages.

Trial by jury.

the said committee, before they proceed to execute their duties,
shall be sworn to a faithful and impartial discharge thereof, and
shall give public and seasonable notice, in such manner as said
commissioners shall direct, to all persons interested, to file their
claims, if any they have, which have not been released to said
corporation, with some one of said committee, or with the clerk
of the courts for said county, within thirty days from the date of
said notice. At the end of the term allowed for filing such claim
for damages, the committee, or a majority of them, having [irevi-
ously given notice to all parties interested of the time, and of the
extent of the route to be examined, by publishing in one or more
of the newspapers printed in said Worcester an advertisement
thereof, in three successive papers at least, shall pass over the
premises so intended to be used by said corporation, for the pur-
poses aforesaid, and, after hearing the parties in interest, shall,
according to their best skill and judgment, estimate all such dam-
ages as they shall think any person or corporation shall sustain, by
the construction of said rail-roads, or in the use of said materials,
over and above the benefits and advantages (if any) which the
committee shall think may accrue to such person or corporation,
from the construction and continuance of said road. And the
said committee, or the major part of them, shall make return of
their doings, after the same shall have been completed, to the
said county commissioners, to the end that the same may be al-
lowed, accepted and recorded. And the said commissioners
shall thereupon order the said report, or the substance thereof,
to be forthwith published in one or more of the newspapers print-
ed in Worcester, three weeks successively, at the expense of
the corporation : provided, however, that either party, after the
return of said report, and after its acceptance and publication
aforesaid, may claim a trial by jury, to determine upon the amount
of damages to be assessed in the case complained of, which said
jury shall be summoned by the sheriff, under the direction of
said commissioners, in manner prescribed by law, in case of com-
plaints for damages occasioned by the laying out of highways,
and they shall be under oath, according to the provisions of law
in such cases ; and the verdict of said jury shall be returned to
the next term of the court of common pleas within said county ;
and if the party applying for a jury shall not obtain, in case it be
the original applicant for damages, an increase of the amount of
the appraisement, or of the estimate of damages ; or in case it be
the original respondent, a decrease of the amount of damages, as
may be awarded by said committee, such party shall pay reason-
able costs of the trial by jury, otherwise shall recover reasonable
costs. And the said corporation, having entered upon the land
of any individual or corporation, and commenced the process of
excavation or embankment, for the purpose of constructing such
rail-roads, or any part thereof, shall, widiin ninety days after the
damages, if any, have been ascertained in manner aforesaid, pay
or cause to be paid the same to the person or persons entitled to
receive the same ; in neglect of such payment, such person or

1829. Chap. 26. 819

persons, on whose lands such works have been so commenced,
may have an action of debt against said corporation in any court
proper to try the same, to recover such damages. And the ex-
ecution for damages assessed as aforesaid, or for costs, shall be
in the common form, and may be levied upon the goods, estate
or lands of the corporation, or of any member thereof. And the
report of said committee, when accepted and recorded, and not
appealed from in manner aforesaid, or the verdict of a jury, being
returned, accepted and recorded, shall forever be a bar to any
other action commenced for damages against said corporation, on
account of the injury for which such damages were awarded.

Sect. 4. Be it further enacted, That, if said rail-roads, or Damages, how
either of them, shall be located, or any part of them, and a report *^° ^^ estimated,
of the committee be made thereon in manner aforesaid, [anc?]
any alterations shall be made in the course thereof, the damages
may be estimated in the same way, and the same proceedings be
had in manner provided in this act. Provided^ however, that, in
all cases, it shall be competent for said corporation, and any per-
son or corporation injured by the location of said rail-roads, to
submit the question of damages to such referees as they may agree
upon, whose award, when returned to the said court of common
pleas, and accepted, shall be final, and said court may enter judg-
ment accordingly.

Sect. 5. Be it further enacted, That if the said rail-roads, Crossing-of
hereby authorized to be constructed, shall cross any public or ^^^^'
private way, the said corporation shall so construct such rail-road
as not to obstruct the safe and convenient use of such way.

Sect. 6. Be it further enacted, That a toll of six cents, for Rates of toll,
each ton in weight per mile that shall be transported on said rail-
road, be and hereby is granted and established for the sole benefit
of said corporation ; and the said corporation is hereby author-
ized to prescribe in their by-laws the form of the wheels, the
construction of the wheels, and the weight of loads which shall
pass on said rail-roads.

Sect. 7. Be it further enacted, That if any person shall Penalty for ma-
wilfully, maliciously or wantonly, and contrary to law, in any way railroad'' Tc '°
spoil, injure or destroy said rail-roads, or any part thereof, or any
thing belonging thereto, or any materials or implements to be
employed in the construction or in the use of said road, he, she
or they, or any person or persons assisting, aiding or abetting
in such trespass, shall forfeit and pay to said corporation, for
every such offence, treble such damages as shall be proved be-
fore the justice, court or jury before whom the trial shall be
had, to be sued for and recovered before any justice, or in any
court proper to try the same, to the use and benefit of said cor-
poration. And such offender or offenders shall be liable to in-
dictment, by the grand inquest for the county of Worcester, for
any offence contrary to the above provisions, and, on conviction
thereof before the court of common pleas, to be holden in said
county, shall pay a fine, not exceeding fifty dollars, and not less
than ten dollars, to the use of the Commonwealth, or may be

820 1829. Chap. 26—32.

imprisoned not exceeding six months, at the direction of the
court before whom the conviction may be had.
Conditions of Sect. 8. Be it further enacted, That if the said corporation
shall not have constructed, and put into use, at least one of the
railways by this act authorized, within three years from the pass-
ing of this act, then, and in such case, this act shall be void.
^nd be it further provided, that this act may be altered, amended
or repealed at the pleasure of the Legislature. [June 12, 1829.]

this act.

Chop.

OQ An Act grantinij further time for the payment of the last instalment of the capital
* stock of the Globe Fire and Marine Insurance Company.

1823 ch. 86. BE it enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,
Time extended That the Stockholders of the Globe Fire and Marine Insurance
capftaf'stock. Company, may and shall have a further time of five years from
the date of this act, to pay in the last instalment, or twenty-five
per centum of the capital stock of said company. [Jan. 19,
1830.] Add. act, 1834 ch. 9.

ChcLn 30 ■'^" ^'^^ '" ^'^'■''•'"n t° 31 Act, entitled " An Act establishing a Marine Society at
/ ' * Newburyport."

18*14 ch'. 69. ^-^ *^ enacted by the Senate and House of Representatives,

in General Court assembled, and by the authority of the same,

Title of officers. That from and after tlie passing of tliis act, the "Marine Society
of Newburyport" shall call their four first officers by the style
and title of President, Vice-President, Treasurer and Secretary ;

By-laws. and that they shall be empowered to make by-laws, to inflict

penalties to the amount of ten dollars ; and that in the admission
of members, two thirds of the votes of all the members present
shall be requisite to admit a candidate to membership, any thing
in the act establishing that society, passed on the eleventh day of
October, one thousand seven hundred and seventy-seven, or in
their by-laws as at present existing, to the contrary notwithstand-
ing. [Jan. 22, 1830.]

ChciVm 32. ■'^'^ ^^'^ ^° establish the Boundary Line between the towns of Edgarton and Tisbury.

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
Boundary line. That the dividing line between the towns of Edgarton and Tis-
bury shall hereafter be as follows, to wit : beginning at the har-
bour of Holmes' Hole, and running by the middle of the canal,
through the beach, and by the channel up Lagoon Pond, to a
large stone placed at the Stepping Stones, (so called) ; from
thence north, twenty-nine degrees west, five hundred rods, to a
stone set in the ground on the south side of the road leading from
Holmes' Hole to Newtown, and bearing south, fifty-one rods
from Tashmo Spring ; thence south, about thirteen hundred and
nine rods, to a stake and stones on the north of JNIill path, or the
road leading from Edgarton to Tisbury ; thence south, five de-
grees west, seven hundred and forty-four rods, to a heap of
stones on the middle of Wachaneck, and thence the same course
to the sea. [Feb. 5, 1830.]

1829. Chap. 33—36. 821

An Act to set off a part of the town of New Salem to the town of Athol. C^hnTi 33

BE it enacted by the Senate and House of Representatives.^
in General Court assembled, and by the authority of the same,
That the following described tiact of land in the town of New Land annexed
Salem, and county of Franklin, containing about one hundred chj|),^''e ofcoun-
and eighty-five acres, together with the families and estates of all ty line,
persons residing thereon, be set off and annexed to the town of
Athol, and county of Worcester, beginning at a northeasterly
corner of New Salem, at a stake and stones ; thence south, four
degrees east, two hundred and thirteen rods on the line between
said towns, to a stake and stones ; thence west, four degrees
south, about one hundred and forty rods, to a heap of stones ;
thence north, four and a half degrees west, two hundred and
twelve rods, to a stake and stones on the line between said towns ;
thence on said line east, four degrees north, about one hundred
and forty rods, to the first mentioned corner : provided, that all Proviso,
taxes, heretofore assessed or raised, shall be paid as if this act
had not passed. [Feb. 5, 1830.]

An Act in addition to " An Act regulating the building with wood within the town of r^hnn 34*
Boston." m'

BE it enacted by the Senate and House of Representatives, {ggichlsG 3i.
in General Court assembled, and by the authority of the same, 1822 ch. 16.
That so much of the act to which this is in addition, and also so ^"•^ocn. ii^.
much of the ninth section of the act, for the protection of the
city of Boston against fire, passed on the tenth day of March, in
the year of our Lord one thousand eight hundred and twenty-
seven, respectively, as provide that no window or windows shall
be erected, or made, on the sloping part of the roof of such
house or building, as is described in the said acts, be and the
same are hereby repealed. [Feb. 5, 1830.] Add. act, 1835
ch. 139.

An Act in addition to an Act, entitled " An Act to set offa part of the town of Stock- f^hf^m QX
bridge, and annex the same to the town of West Stockbridge." O/fcCtjy. OO.

BE it enacted by the Senate and House of Representatives, ^^28 ch. 108.
in General Court assembled, and by the authority of the same,
That the line described in said act to which this is in addition,
shall begin at a point in the south line of the town of Richmond,
instead of the north line of Richmond, as expressed in said act.
[Feb. 6, 1830.]

An Act establishing a Fire Department in the town of Lowell. C^h (771 Sfi

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That the fire department of the town of Lowell Number of offi-
shall hereafter consist of a chief engineer, and as many engineers fire^de'parimen'tf
and fire wardens, not exceeding twelve in number, as the select-
men of said town shall annually, on the first Wednesday of April,
appoint, who shall hold their office for the term of one year from
the first day of May next, succeeding their appointment ; also of
as many engine men, hose men, hook and ladder men, as said
selectmen shall annually, on said first Wednesday in April, or as

822 1829. Chap. 36.

soon after as may be, appoint : provided, that the number of fire-
men so appointed shall not exceed fifty men to each and every
hydraulion, thirty-five men to each and every common engine,
and five men to each and every hose carriage, and that the num-
ber of hook and ladder men shall not exceed fifty, and that the
number of hose men shall not exceed fifty.
Powers of se- Sect. 2. Be it further enacted, That the selectmen of said
Lowell shall have power to fill any vacancy which may occur at
any time in said fire department, give certificates of all their ap-
pointments, and fix and ordain, from time to time, the powers
and duties of the chief engineer and engineers and fire wardens
respectively, in relation to fire engines and all other fire appara-
tus belonging to or used in said town, and also to fix and ordain,
from time to time, such rules and regulations as may be deemed
expedient for the conduct of said fire department, and of the
citizens present at fires, and to annex penalties for the breach of
any rules or regulations they may so fix and ordain, not exceed-
ing twenty dollars.
Powers of en- Sect. 3. Be it further enacted. That the chief engineer
war^dens^"^ '"^'^ ^'^"^ engineers and fire wardens, so appointed, shall have the
same powers and authorities, relative to the pulling down and de-
molishing any house or other building to prevent the spreading
of fires, and also relative to all other matters and things affecting
the extinguishment and prevention of fires, as fire wardens now
Liabilities of the by law have. And the said town of Lowell shall be liable to
town of Lowell, p^y g|| g^ch reasonable compensation for damage done by, or
consequent upon the directions or acts of said chief engineer,
engineers and fire wardens, as other towns in this Commonwealth
are liable to pay in like cases, for like acts and directions done
Fines and for- or given by their fire wardens : and all fines and forfeitures aris-
'f'l"-k'^'. ''j "^ i"S within the said town of Lowell, under the laws of this Com-

distnbuled. o , ■ i • , . I , ^ ,.

monweahh, relative to the extinguishment oi, or proceedings at
fires, shall be distributed in such way and manner, and applied
to such uses, as said town of Lowell shall ordain and determine,
any thing in said laws to the contrary notwithstanding.
Members of fire Sect. 4. Bc it further euactcd, That each and every
department ex- member of said fire department shall be exempted from military
military duty, duty and scrvicc in the militia of this Commonwealth, so long as
he shall continue a member of said fire department : and every
person so exempted shall be holden to produce, within thirty
days after he shall have been appointed a member of said de-
partment, and annually in the month of April then after, to the
commanding officer of the militia company within whose bounds
he may reside, a certificate from one of the selectmen of said
town of Lowell, setting forth that he is a member of said fire
department.
Repeal ofjaws Sect. 5. Be it further enacted. That from and after the
relating to the orsranization of a fire department in said town of Lowell, a2;ree-

electiou of fire Y> . . r , • i • r i i •

wardens. ably to the provisions ot this act, and notice ot the same being

given in the Lowell Journal, published in said Lowell, by the
selectmen thereof, all the laws of this Commonwealth relating to

1829. Chap. 36—38. 823

the election and appointment of fire wardens, so far as they affect
such election and appointment in said town, shall he and herehy
are repealed.

Sect. 6. Be it further enacted, That the provisions of this when this act
act shall take effect so soon as the same shall have been accept- shall take effect.
ed by a majority of the citizens of said Lowell qualified to vote
in town affairs, at a meeting legally notified for such purpose,
and shall continue in force until modified or repealed by the
Legislature of this Commonwealth. [Feb. 6, 1830. j Add.
act, 1834 ch. 59.

An Act concerning the two Congregational Parishes in Deerfield. K^iKfJ). uO.

Sect. 1. BE it enacted by the Senate and House of Rep- /^^|'''j" ^\
resenlatives, in General Court assembled., and by the authority of 1806 ch. 38.
the same, That the first Congregational Parish in Deerfield, be, p^Jft c^n-fso-a-
and hereby is, authorized to assign and transfer to the second tional Society
Congregational parish in said town, so much of the ministerial ||,"j[}^°'^Jr^,'^i5fgr
fund therein, as amounted, on the first day of June last, to the of funds.
sum of one thousand eight hundred and seventy-five dollars :
provided, that, at the time of such assignment and transfer, the
said second parish shall join with the settled minister of said par-
ish, in relinquishing to said first parish, all claims and demands to
the property, whether real or personal, heretofore sequestered
and appropriated to the use of the ministry in said town, and to
the ministerial fund aforesaid ; and, from and after the time when
such assignment, transfer, and relinquishment shall be made, the
fifth section of an act entitled "an act to incorporate the Second J818 ch. 22.
Parish in the town of Deerfield," passed on the twelfth day of
June, in the year of our Lord one thousand eight hundred and
eighteen, shall be, and hereby is repealed.

Sect. 2. Be it further enacted, That the treasiu'er of the Transfer of
said town of Deerfield be, and hereby is authorized and empow- notes authon-
ered, to make such assignment and transfer of any promissory
notes, made payable to the inhabitants of the said town, and of
any mortgages of real estate, given as collateral security for the
payment of such notes belonging to said fund, by writing, under
his hand and seal, to the atnount of the sum in the first section
of this act mentioned, or such assignment and transfer may be
made by one or nfiore of the Committee having the care and
management of said fund, either of which modes shall have the
effect and operation of vesting fully and completely in said second
parish, all right and title to, and interest in, such notes and mort-
gages, and with the same effect, as though said notes and mort-
gages had been originally made and given to said second parish ;
and the amount so assigned to said second parish, shall be, and
hereby is, appropriated to the use of the ministry in said parish.

Sect. 3. Be it further enacted, That the setded minister Second parish
of said second parish be, and herebv is authorized and empow- authorized to
ered, with the assent of said parish, to be expressed by a com- of relinquish-
niittee thereof, appointed, or to be appointed therefor, to make "'e"'-
and execute, in behalf of said second parish, a deed of relin-

824

1829.-

■Chap. 38—40.

First parish
may appropri-
ate interest of
funds.

Repeal.

1802 ch. 68.
(V..S. p. 83.)
1806 ch. 38.

Chap. 39.

1828 ch. 39.

Trustees au-
thorized to ap-
ply funds witli
consent of do-
nors.

quishment to said first parish, of all right, title and interest, in
and to all estate, whether real or personal, heretofore sequester-
ed and appropriated to the use of the ministry in said town of
Deerfield, and to the fund aforesaid.

Sect. 4. Be it further enacted, That the said first parish
may appropriate and use hereafter, the interest annually arising
on or from said fund, toward the annual parochial charges and
expenses of said parish.

Sect. 5. Be it further enacted^ That an act passed the
fourteenth day of February, one thousand eight hundred and
three, establishing said fund, and an act in addition thereto, pas-
sed the eleventh of February, in the year of our Lord one thou-
sand eight hundred and seven, be, and the same hereby are re-
pealed. [Feh. 9, 1830.]

An Act in addition to an Act, entitled " An Act to incorporate the Trustees of the
Sheldon English and Classical School of Southampton."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
Tiiat the Trustees of the Sheldon English and Classical School
at Southampton, be, and they hereby are authorized to apply a
sum not exceeding one thousand dollars, of the funds of the
said institution, to discharge the debts of the same, incurred in
the erection of suitable buildings, and purchase of apparatus for
the said institution : provided, the assent, in writing, of the do-
nors of the said funds be first obtained, and filed with the clerk
of said corporation. [Feb. 10, 1830.]

^, /iH An Act in addition to the Acts to prevent the destruction, provide a passzige, and

i^tlCtp' 4U. regulate the taking of Alewives, and other Fish, in Ipswich River.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That, instead of the passage ways now required by
law for the fish to pass Warner's Dam and Farley's Dam, in
Ipswich, the owners of the said dams, their successors and as-
signs, shall make, and keep in good repair, a fishway, at the
northerly end of each of said dams, of the following dimensions
and description : the said fishways shall be constructed of solid
stone work, and shall form an inclined plane, running down
stream twenty feet, and shall be five feet wide at the bottom of
the same ; at the top of said ways there shall be an opening in
the said dams of six feet in width, and not less than eight inches
in depth below the top of the cap piece of each of said dams,
and tlie top of the said ways shall be on a level with the bottom of
the said opening in said dams, and there shall be a curb of not
less than eighteen inches in height on each side of the said ways,
at the termination of which a channel shall be made of at least
one foot in depth, and five feet in W'idth, communicating with
the channel in the river, and the said ways shall be kept open
and in good repair at all times from the tenth day of April to the
first day of June in each year.

1787 ch
(V. l.p.
1792 ch.
(V. l.p.
1796 ch.
(v.2.p.

1804 ch.
rv.3.p.

1805 ch.
1810 ch.
1812 ch,
1814 ch.

1824 ch.

1825 ch.

58.
191.)
88.
461.)
66.
128.)
90.
,524.)
29.
117.
127.
22.
101.
78.

Fishways,
to be con-
structed.

how

1829. Chap. 40—43. 825

Sect. 2. Be it further enacted, That each and every per- Penalty for tak»
son who shall, from and after the tenth day of April to the first j^& fi^^ illegal-
day of June, annually, take any of the fish called shad or ale-
wives, in said river, or any of the streams running into the same,
except on Monday and Wednesday in each week during said
term, shall forfeit and pay, for every such offence, the sum of
five dollars, to be recovered by action of debt, in any court
proper to try the same, to the sole use of him who may sue for
said forfeiture.

Sect. 3. Be it further enacted, That so long as the owners Owners of dams
of the said dams, their successors and assigns, shall keep open penaUierso
the said courses or passage ways, and in good repair, in manner long as they
as aforesaid, they shall not be subject to the penalties or re- sage way". ''^^'
strictions provided in the first section of an act passed March
twenty-eighth, one thousand seven hundred and eighty-eight, en-
titled "an act to prevent the destruction of alewives and other i787ch. 58.
fish, in Ipswich River, and to encourage the increase of the (^•^- P- ^^'-^
same." This act to be in force from and after the first day of
July next. [Feb. 10, 1830.]

An Act for the preservation and regulating the taking of Shad in Mattapoisett River /^/, ™«~ AT
in the town of Rochester. i^fiup.Hil,

BE it enacted by the Senate and House of Representatives, in 1787 ch. 33.
General Court assembled, and by the authority of the same. That 1789'^^' 5
the penalties, remedies, provisions and laws, enacted, and now in (v. 1. p. 247.)
force for the preservation of the fish called alewives, in Mattapoi- /J^^^^^'sfo)
sett River, in Rochester, in the county of Plymouth, and for isbsch. 7i.
the regulating the taking said fish in the said river, be, and the jgnch go^
same hereby are extended to shad in said river, and the pond 1814 ch. 99.
from which said river issues. [Fei. 10, 1830.] 1817 ch. 136.

An Act in addition to an Act entitled " An Act for incorporating a certain part of the CflftT). 43
town of Lee into a School District bj' the name of the Hopland School District." -« *

Sect. 1. BE it enacted by the Senate and House of Repre- 1790 ch. 26.
sentatives, in General Court assembled, and by the authority of [^gj- P/ ^qq-)
the same. That the said district is hereby authorized and em- (v. 2. p. 154.)
powered, at any district meeting, legally called for that purpose, /\3^2 *''*" 238 )
to divide said district into as many school districts, as from time I8i0ch.48.
to time may be deemed necessary, and to determine and define District maybe
the limits of said school districts. divided.

Sect. 2. Be it further enacted, That the provisions of an
act entided " an act to provide for the instruction of youth," i826ch. 143.
passed on the tenth day of March, in the year of our Lord one
thousand eight hundred and twenty-seven, be, and the same are
hereby extended, and made applicable to the said Hopland Act extended.
School District, and to the several districts into which the same
may be hereafter divided, any thing in the acts to which this [is']
in addition, to the contrary notwithstanding : provided, however, proviso,
that the committee chosen for the purpose of improving and
leasing the school lands of the said Hopland School District,
shall be authorized to do and perform the several acts and duties,
which the selectmen of towns are authorized by the aforesaid
act to do and perform. [Feb. 12, 1830.]

VOL. VI. 104

826

1829.-

-Chap. 44 — 45.

Persons incor
porated.

Real and per
sonal estate.

ChCLlpt 44. ^" ^'^'^ *° incorporate the Charitable Association of the Boston Fire Department.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled^ and by the authority
of the same^ That Edward G. Prescott, George Dearborn, and
Jonathan A. Davis, with their associates and successors, be,
and they hereby are incorporated, by the name of the Charita-
ble Association of the Boston Fire Department, for the purpose
of affording relief to such of their members as may at any
time receive injury in the discharge of their duties, as members
of the Boston Fire Department, or to their families, in the
event of their decease, and by that name may sue and be sued,
and may have and use a common seal.

Sect. 2. Be it further enacted, That the said corporation
may receive and take by purchase, grant, devise, bequest or do-
nation, any real or personal property, and hold the same for tlie
purposes aforesaid, and may manage and dispose of the same
according to their discretion : provided, that the whole amount
of the real and personal property held and possessed by the said
corporation shall never exceed in value, at any one time, the sum
of one hundred thousand dollars.

Sect. 3. Be it further enacted, That the said corporation
may make and establish such by-laws and regulations, for the
government of said corporation, as they may think proper : pro-
vided, the same are not repugnant to the laws and constitution of
this Commonwealth ; and may choose and elect all necessary and
convenient officers, who shall have such powers and authority as
the said corporation may think proper to prescribe and grant to
them, and who shall be elected in such manner, and for such pe-
riods of time, as the by-laws of said corporation may direct.

Sect. 4. Be it further enacted. That Edward G. Prescott,
above named, be hereby authorized to call the first meeting of
said corporation, by causing a notification thereof to be published,
two weeks successively, in any two of the newspapers printed in
the city of Boston.

Sect. 5. Be it further enacted, That this act may be al-
tered, amended or repealed, at the pleasure of the Legislature.
iFeb. 13, 1830.]

By-laws.

First meeting.

Legislative
control.

Chap. 45.

1804 ch. 8.
(v.3. p. 446.)
1823 ch. 128.

Reduction of
capital stock
authorized.

Proviso.

An Act to authorize the Nantucket Union Marine Insurance Company to reduce its
capital stock.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That the Nantucket Union Marine Insurance Com-
pany be, and they hereby are authorized to reduce the capital
stock of said corporation to fifty thousand dollars, and to divide
the excess among the stockholders, in proportion to their respec-
tive shares, in such way and manner as a major part of the stock-
holders, at a meeting to be called for that purpose, shall decide :
provided, hotcever, that this act shall not have force or effect, un-
til the said corporation shall, either by reassurance in some incor-
porated company, or by compromise with the assured, have pro-

1829. Chap. 45—49. 827

tected, or relieved itself from all its risks, outstanding at the time
of the passage of this act.

Sect. 2. Beit further enacted, That no contracts whatever, Formercon-
heretofore made by said corporation, shall be in any manner af- affected"^ "^ ^^
fected or impaired by said reduction and division.

Sect. 3. Be it further enacted, That said corporation shall Limitation of
not take any sum, upon any one risk, exceeding ten per centum "^^^■
on the amount of its reduced capital, from and after the passing
of this act. [Feb. 13, 1830.]

An Act to establish the boundary line between the towns of Wrentham and Attle- QJidD^ 48.
borough. -tr'

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the following described line be, and the same is hereby Boundary line,
established, as the dividing line between the towns of Wrentham
in the county of Norfolk, and Attleborough in the county of
Bristol, viz : beginning at a point in the western boundary of this
Commonwealth, where the exterior lines of said towns meet,
thence running an easterly course sixty-eight chains to a stone
monument, or Dagon, (so called,) thence north, sixty-nine de-
grees east, three hundred and nineteen chains, to a stake and
stones on the corner of the towns of Wrentham, Foxborough,
Mansfield and Attleborough, the same being the ancient colony
line (so called) of the Plymouth colony ; and that all the inhab-
itants, with their lands and estates, being north of said line, be,
and the same hereby are annexed and confirmed to the said town
of Wrentham, to enjoy all the rights and privileges, and be sub-
ject to all the liabilities of the other inhabitants of said town :
provided, nevertheless^ that such inhabitants shall be holden to pay Proviso,
all taxes which have been legally assessed upon them by the said
town of Attleborough, in the same manner as though this act had
not been passed. [Feb. 18, 1830.]

An Act to incorporate the Proprietors of Gates Academy. 0/jfl2?« 4-<j»

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Daniel Stevens, Eli Rice, Caleb Wetherbee, Persons incor-
their associates, successors and assigns, be, and they hereby are P"""*'^"*
created a body politic and corporate, by the name of the Pro-
prietors of Gates Academy, in the town of Marlborough, in the
county of Middlesex, for the purpose of educating youth in the
liberal arts and sciences ; and the said corporation shall have
power, from time to time, to choose a clerk, and such other offi-
cers as they may judge necessary ; may have a common seal,
which they may alter at their pleasure ; may make contracts, sue
and be sued, in all actions, and prosecute and defend the same
to final judgment and execution ; and may make and establish
any by-laws, rules and regulations for the government of their
affairs, for the division of their property into shares, and for the
sale and transfer thereof : provided, the same are not repugnant
to the constitution and laws of this Commonwealth.

828

1829.-

-Chap. 49.

Gifts, lieretofore
made, confirm-
ed to proprie-
tors.

Proviso.
Assessments.

Board of trus-
tees, and their
duties.

Sect. 2. Be it further enacted. That all gifts, bequests
and devises, heretofore made for the purpose of erecting or es-
tablishing an academy as aforesaid, shall be confirmed to the said
proprietors, or to the trustees herein after appointed, and their
successors, for the uses expressed in the instrument by which
any such gift, bequest, or devise, has been made ; and the said
corporation may lawfully take and hold, by gift, grant, bequest,
devise, or otherwise, any real or personal estate for the purpose
aforesaid : provided, the annual income of the same shall not
exceed five thousand dollars.

Sect. 3. Be it further enacted, That the said corporation
may, from time to time, at any legal meeting called for that pur-
pose, assess upon each share in the capital stock such sum or
sums of money, as they may judge expedient for the objects of
the corporation, and defraying the expenses thereof, to be paid
to the treasurer at such times as they may direct ; and if any
proprietor shall neglect to pay any such assessment for the space
of fifteen days after such time of jjayment, it shall be lawful for
the treasurer to sell at public vendue such part of the shares of
such delinquent proprietor as may be sufficient to pay such as-
sessments, with incidental charges, giving notice of the time and
place of sale, and the sum due on each share, by posting up no-
tice thereof, in the town of Marlborough, thirty days at least
before the day of sale thereof, and by publishing the same three
weeks successively, before the day of sale, in some newspaper
printed in the said county of Middlesex, and such sale shall be a
legal transfer of the share or shares so sold to the purchaser as
aforesaid.

Sect. 4. Be it further enacted. That Sylvester F. Bucklin,
Seth Alden, Heman Seaver, William Draper, William Gates,
Benjamin W. Hildreth, Richard Farwell, Joseph Allen, Joseph
Davis and Jeroboam Parker, together with such others as may
from time to time be nominated and elected in the manner here-
in after prescribed, (the whole number, at any time, not to be
less than nine nor more than thirteen,) be and hereby are con-
stituted a board of trustees, whose duty it shall be to manage all
the property of the said proprietors, and to apply all monies
which shall be raised by assessment or otherwise, to the objects
for which the same shall have been raised ; to commence, pros-
ecute or defend, to final judgment and execution, any action,
when the same shall be deemed necessary to protect or enforce
the rights of the said proprietors or trustees ; to choose a treasu-
rer, who shall give bond to the said proprietors, with three such
sureties, and in such penal sum, as shall be approved by a ma-
jority of the trustees, with conditions for the right use, application
and management of all monies or other property committed to
his trust, and to render an account of the state of the treasury,
and of his receipts and disbursements, to the said proprietors, at
their annual meeting ; to act as visiters and governors of said
academy ; to elect and contract with teachers, and prescribe
their duties ; and to make and ordain by-laws for the regulation

1829. Chap. 49—51. 829

of their meetings and business, and reasonable rules and orders

for the government and discipline of said academy : provided,

the same be not repugnant to the constitution and laws of this

Commonwealth. And the said trustees may, when necessary for Election of ims-

the purposes aforesaid, make use of the corporate name and seal ^^^^'

of the said proprietors ; and all vacancies which now exist, or

may hereafter happen, in the board of trustees, shall be filled by

the said proprietors from the candidates who shall be nominated

by the board of trustees for the time being.

Sect. 5. Be it further enacted, That each member of said Votes and
corporation shall be entitled to as many votes as he shall hold shares,
shares, and may vote by proxy, and may transfer his share or
shares with the consent of the said proprietors, at any meeting
thereof. ,

Sect. 6. Be it further enacted. That any one of the per- First meeting,
sons named in this act may call the first meeting of the said cor-
poration, by giving personal notice of the time and place of
meeting to each proprietor, ten days before the day of such
meeting.

Sect. 7. Be it further enacted, That this act may be al- Legislative cen-
tered or repealed by the Legislature, at any time hereafter. ''° '
[Feb. 18, 1830.]

An Act in addition to " An Act to incorporate the Hampshire and Hampden Canal C/h(ip, oO»
Company."

, . 1822 cli. 59.

BE it enacted by the Senate and House of Representatives, i825ch!ii!
in General Court assembled, and by the authority of the same, t827ch. 128.
That any share or shares of any member or members of the cor-
poration of the Hampshire and Hampden Canal Company, may
hereafter be transferred on the books of said company, by writ-
ing, without deed, in a book to be kept by the treasurer for that
purpose, and in such form as may be prescribed by the said
corporation, any thing in the act to which this is in addition to
the contrary notwithstanding. \_Feb. 18, 1830.] Add. acts,
1832 ch. 47 : 1836 ch. 199.

An Act in addition to an Act, entitled " An Act to establish the Ponloosac Turnpike (JJldfJ, O 1 •
Corporation." -^

Sect. 1. BE it enacted by the Senate and House of Rep- i828ch.35.
resentatives,in General Court assembled, and by the authority
of the same, That the county commissioners for the county of County com-
Hampden be, and they hereby are authorized to examine, accept Hampden^ au-
and establish the turnpike road constructed by the Pontoosac thorized to ac-
Turnpike Corporation, and passing through parts of the counties '^®P"^°^ •
of Berkshire, Hampshire and Hampden, and that said commis-
sioners are further authorized to fix the location of the toll gates
on the same.

Sect. 2. Be it further enacted, That said commissioners Width of road,
are hereby authorized to accept and establish said road, although
the travelled path thereof, in some places, (not exceeding, how-
ever, twenty rods in length in any one place,) may not be more
than sixteen feet in width : provided, such width shall by them
be deemed sufficient for the public convenience and necessity.
[Feb. 19, 1830.]

830 1829. Chap. 55—58.

C^hflTI 55 ■^" ^^"^ '° regulate the passage way for Fish at the dam across Taunton Great River
Jr * * in the county of Bristol, at a place called King's Bridge.

1819 ch 133 Sect. I . BE it enacted by the Senate and House of Repre-

1822 ch. 38. sentatives, in General Court assembled, and by the authority of

the same, That the proprietors of the Mills and Dam at King's

bridge, on Taunton Great river, in the county of Bristol, shall

construct and keep open, at their said dam, a convenient way for

the passage of such fish as usually pass up the same river, in their

Passage way proper season, which passage way shall be of such dimensions,

for fish to be gpj constructed and regulated in such manner, as shall be pre-

consiruciGu ns

directed by scribcd and directed by the selectmen of the town of Bridgewa-
selectmen. jg,.^ jp, jjjg eouuty of Plymouth, or the major part of them ; who
are hereby appointed a committee for this purpose, in pursuance
of the agreement of the said proprietors and the town of Middle-
borough, in the county of Plymouth, the said town of Middle-
borough being the only town interested in the fishery in said river
above said dam ; and the said selectmen of Bridgewater, or the
major part of them, shall, from time to time, on the application
of said town of Middleborough, or of said proprietors, and at the
expense of said town of Middleborough, or of said proprietors,
as the said selectmen of Bridgewater shall adjudge, repair to said
dam, and order and direct such alterations to be made in said fish
way, and in the regulation of the water, as to them shall appear
to be proper, taking into consideration the interest of said pro-
prietors, as well as the importance of providing a convenient way
for the passage of the fish ; and all such alterations as may be
ordered and directed as aforesaid shall be made by said proprie-
tors, within such time as said selectmen shall order.
Proprietors not Sect. 2. Be it further enacted, That so long as the said
liable so long as pi-oprietors, or owners of said mills and dam, shall keep open,

they keep open '. f , /. , . r ■ i r t

such passage durmg the proper season ot the passing up oi said hsh, a passage
^^y- way so constructed and regulated as aforesaid, they shall not, nor

shall either of them, nor their tenants, nor the occupants of said
mills and dam, be subject to the penalties of any act regulating
the fishery in said river, nor to any action, prosecution or pen-
alty, under any law requiring a passage way for the fish to be
constructed and maintained at said dam. \jMarch 3, 1830.]
Add. acts, 1832 ch. 44. 120.

C^hnn ^^8 ^"^ ^^^ ^° establish a Fire Department in the town of Newburyport.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Fire depart- the same. That the fire department of the town of Newburyport
ment, timeof gijg]] hereafter consist of a chief eneineer, and as many eneineers,

appointment, - , ,. ^ , . , ii

and number of or hrc Wardens, not exceeding twelve in number, as the select-
members. Q^gn of said town shall, annually, on the first Wednesday of April,
appoint, who shall hold their office for the term of one year, from
the first day of May next succeeding their appointment ; also, of
as many enginemen, hosemen, hook and laddermen, and cloth-
men, as said selectmen shall, annually, on the first Wednesday in
April, or as soon after as may be, appoint : provided, that the
number of firemen so appointed shall not exceed fifty men to each

1829. Chap. 58. 831

and every hydraulion ; thirty-five men to each and every common
engine ; and five men to each and every hose carriage ; that the
number of liook, ladder and clothmen shall not exceed fifty, and
that the number of hosemen shall not exceed fifty.

Sect. 2. Be it further enacted^ That the selectmen of said Powers of the
town shall have power to fill any vacancy which may occur at any selectmen,
time in said fire department, give certificates of all appointments,
and fix and ordain, from time to time, the powers and duties of
the chief engineer and engineers, or fire wardens, respectively,
in relation to fire engines, and all other fire apparatus, belonging
to or used in said town, and also to fix and ordain, from time to
time, such rules and regulations as may be deemed expedient for
the government of said fire department, and of the citizens pres-
ent at fires, and to annex penalties for the breach of any rules or
regulations they may so fix and ordain, not exceeding twenty
dollars.

Sect. 3. Be it further enacted, That the chief engineer Powers of the
and engineers or fire wardens, so appointed, shall have the ^."^ij^*'®''^' ^"^
same authority relative to demolishing or injuring any house, or town.
other building, to prevent the spreading of fires in said Newbury-
port, and in all other matters relating theieto, as fire wardens
now by law have ; and said town shall be liable to pay to any
person or persons, whose property may be so destroyed or in-
jured by direction of said chief engineer and engineers, or fire
wardens, as the towns in said Commonwealth are now by law
liable to pay in like circumstances, for the acts and directions of
fire wardens ; and all fines and forfeitures arising in said town in
pursuance of the existing laws of this Commonwealth, upon the
subject, shall be appropriated in such manner, and for such pur-
poses, as the said town, at any town meeting, duly warned for
that purpose, shall determine, any thing in said laws to the con-
trary nothwithstanding.

Sect. 4. Be it further enacted^ That the members of said Exemption from
fire department shall be exempted from the performance of ser- ""'''^'■y '•"'y-
vice in the militia of this Commonwealth, in like manner, and
upon like conditions, as enginemen are now exempted by law.

Sect. 5. Be it further enacted^ That the selectmen of Organization,
said town of Newbury port are hereby authorized to call a meet-
ing of the inhabitants of said town, to organize a fire department,
agreeably to the provisions of this act, by warning the inhabitants
in the usual way of calling town meetings in said town, and by
causing notice thereof to be published, seven days at least before
said meeting, in the Newburyport Herald, a public newspaper
printed in said Newburyport.

Sect. 6. Be it further enacted^ That when the said town
of Newburyport shall have fully organized a fire department,
agreeably to the provisions of this act, and the same shall have
been accepted by the inhabitants thereof qualified to vote in
town affairs, in town meeting, for that purpose duly assembled,
the same shall remain in force until modified or repealed by the
Legislature of this Commonwealth ; and all the laws relating to Repeal.

832 1829. Chap. 58—61.

fire wardens and enginemen in said town, which are inconsistent
with the provisions of this act, shall be and are hereby repealed.
[March 5, 1830.]

f^hrirt f^Q ■'^" ^^^ '° incorporate the Woburn Agricultural and Mechanic Association.

^ ' ' Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the Same, That Abijah Thompson, Charles Carter, James
poraied. Jacques, William Tidd, and their associates, with such as may

hereafter associate with them, be, and they hereby are incorpo-
rated, by the name of the Woburn Agricultural and Mechanic
Association ; with power to have and use a common seal, to
make by-laws for the management of said corporation and its
funds, and for the purpose of encouraging agriculture and the
mechanic arts, by granting premiums, or loans of money, and
for relieving the distresses of unfortunate mechanics, and their
families ; and to have all the privileges usually given by acts of
Real and per- incorporation to charitable societies ; and the said corporation
sonai estate. ,Yiay hold and possess real estate not exceeding the value of five
thousand dollars, and the annual income of its personal estate
shall not exceed the sum of two thousand dollars.
First Meeting. Sect. 2. Be it further enacted, That Abijah Thompson
and Charles Carter are hereby authorized to call the fiisst meet-
ing of said corporation, at such time and place as they shall ap-
point, by giving personal notice to each of their associates, at
which meeting by-laws may be made, and the mode of calling
futin-e meetings regulated.
Legislative Sect. 3. Be it further enacted, That this act may be

amended, revised and repealed at the pleasure of the Legislature.
[March 5, 1830.]

control.

C^hnn fiO '^^ ^^^ '" '"'■'''6'' addition to "An Act to establish the Central Turnpike Corporalion."

IS"! h 13 ^^ ^^ enacted by the Senate and House of Representatives,

1829 ch. 7. in General Court assembled, and by the authority of the same,
Location alter- That the committee which originally located the road of said
^^- corporation may, and are hereby authorized to make some small

alterations in said location, so as to conform the same to the
, present situation of said road as now made and travelled, and
that said corporation be established and confirmed in its rights to
said road, as so varied in its location: provided, said committee
shall give the like notice, and be governed by the same principles,
rules and restrictions, as in the original location of said road :
and provided, also, that the owners of lands over which such al-
terations may be located, shall have the same rights and reme-
dies for damages as are provided in said original act. [March
5, 1830.]

Chtm 6 1 ^^ ■^^^ *° establish a Fire Department in the Town of Springfield.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Fire depart- the Same, That the fire department of the town of Springfield
ment, appoint- ghall hereafter consist of one chief engineer, and as many assis-

ment and num- ^ "^

bars.

1829. Chap. 61. 833

tant engineers and firewards, not exceeding fourteen, as the se-
lectmen of said town shall annually, on the first Wednesday in
April, appoint, who shall hold their offices for one year from the
first day of May next succeeding ; also of as many enginemen,
hosemen and hook and laddermen, as the said selectmen shall
annually, on the first Wednesday in April, or as soon thereafter
as may be, appoint : provided, that the number of enginemen
shall not exceed forty-two to every hydraulion or suction engine,
thirty to every common engine, five to every hose carriage, and
twenty-five hook and laddermen.

Sect. 2. Be it further enacted, That the selectmen of said Powers and du-
town of Springfield be, and they are hereby authorized and re- [eclmen. ^^^"
quired to fill any vacancies occurring in said fire department, to
give certificates of appointment to the members thereof, and to
fix and establish, from time to time, the powers and duties of the
officers and members of said fire department respectively, in re-
lation to fire engines, and all other fire apparatus belonging to, or
used in said town, and the care and management thereof ; and to
fix and ordain rules and regulations for the conduct of said
officers and members, and of the citizens present at fires, and to
annex penalties for a breach thereof, not exceeding twenty dol-
lars ; which penalties may be sued for in the name of the treas-
urer of said town, in any court proper to try the same : provided, Proviso,
said rules and regulations shall not be binding and valid until the
same shall be published in some newspaper printed in said town
of Springfield.

Sect. 3. Be it further enacted, That the chief engineer, powers of the
engineers, and firewards, so appointed, shall have the same pow- engineers, and
ers and authorities relative to the pulling down or demolishing town! ^ ° *
any house or other building, to prevent the spreading of fires,
and relative to all other matters and things affecting the extin-
guishment or prevention of fires, or the commanding assistance
at them, as fire wardens now by law have. And the said town
of Springfield shall be liable to pay all such reasonable compen-
sation for damage done by, or consequent upon, the acts or di-
rections c( said chief engineer, engineers, and fire wardens, as
other towns in this Commonwealth are liable to pay in like cases,
for like acts and directions done or given by their fire wardens.
And all fines and forfeitures arising within said town of Spring-
field, under the laws of this Commonwealth, relative to the ex-
tinguishment and prevention of, or proceedings at fires, shall be
distributed in such manner, and applied to such uses as the said
town shall ordain and direct.

Sect. 4. Be it further enacted, That the members of said Exemption
fire department shall be exempt from all military duty and ser- d'aty."" ' "^
vice in the militia, so long as they shall continue members there-
of. And it shall be the duty of every person so exempted, to
produce to the commanding officer of the company within whose
bounds he resides, a certificate of his appointment, within twen-
ty days from and after his appointment, and annually thereafter
in the month of April.

VOL. VI. 105

834

1829.-

-Chap. 61—62.

Citizens may
form companies
of firemen.

Repeal.

When the pro-
visions of this
act shall take ef-
fect.

Chap. 62.

1812 eh. 34.

1816 ch. 89.

1817 ch. 6.

Capital stock
reduced.

Shares.

Dividends and
examination of
funds, &.C.

Sect. 5. Be it further enacted, That any number of citi-
zens of said town of Springfield, may, in writing, associate
themselves into companies of firemen, which companies may
choose clerks and other needful officers, may establish by-laws,
with penalties for the breach thereof not exceeding five dollars :
•provided^ the same are not repugnant to the constitution and
laws of this Commonwealth ; which penalties may be sued for
by the clerks of said companies respectively, in any court prop-
er to try the same, and appropriated as said companies shall di-
rect. And the said firemen shall at all fires be under the direc-
tion and superintendence of the chief engineer, engineers and
fire wardens.

Sect. 6. Be it further enacted^ That after the organiza-
tion of said fire department, and notice thereof given by the se-
lectmen, in any newspaper printed in Springfield, all laws re-
lating to the election or appointment of fiiewards, so far as they
affect the election or appointment of firewards within said town
of Springfield, shall be, and the same are hereby repealed.

Sect. 7. Be it furtlier enacted^ That the provisions of
this act shall take effect, and be in force, as soon as the same
shall be accepted by the citizens of said town, qualified to vote
in town affairs, at a legal meeting held for that purpose, and shall
continue in force until modified or repealed by the Legislature.
[March 5, 1830.]

An Act further to reduce the Capital Stock of the Boston Bank.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That, from and after the first Monday of x\pril, in the
yearof ourLord one thousand eight hundred and thirty, the capital
stock of the corporation, created by an act of the Legislature,
passed on the twenty-third day of June, in the year of our
Lord one thousand eight hundred and twelve, by the name of
the President, Directors and Company of the Boston Bank, be,
and the same hereby is reduced to the sum of six hundred thou-
sand dollars, any thing in the act, chap. 89, in the year eighteen
hundred and sixteen, entitled " an act to reduce the capital
stock of the Boston Bank," to the contrary notwithstanding.

Sect. 2. Be it further enacted, That the number of shares
in said bank, shall, from and after the said first ]\Ionday in April,
be twelve thousand, and that each share shall be of the estimated
or nominal value of fifty dollars.

Sect. .3. Be it further enacted, That no dividend of the
capital stock of said bank, as now existing shall be made until
proof shall have been made to the satisfaction of the governor
and council, or of commissioners by them appointed, at the ex-
pense of said corporation, that there exist in said bank, funds,
belonging to said corporation, sufficient to pay all notes in circu-
lation, and all deposits and other demands existing against the
same, beyond the sum then to be reduced ; and that nothing
contained in this act shall be construed to affect the liability of

1829. Chap. 62—65. 835

the corporation, or the individual stockholders, as established by
the original act incorporating said bank, or any other existing
law. And the said corporation shall be holden to pay into the Tax.
treasury of this Commonwealth, their proportion of the tax now
required to be paid by law upon the existing capital of said bank,
until the same shall be actually reduced as aforesaid, and all ar-
rearages of taxes paid.

'Sect. 4. Be it further enacted^ That the liability of the Loans to the
President, Directors and Company of the Boston Bank, to loan Common-
to the Commonwealth, shall be in proportion to the sum of the
capital of said corporation when reduced as aforesaid. [JWarch
5, 1830.] Add. act, 1830 ch. 58.

An Act to repeal " An Act to incorporate the President, Directors and Company of /^/,„„ i?A
the Sutton Bank." L^nap. O^.

BE it enacted by the Senate and House of Representatives, in }^|^ '^^- '^2.
General Court assembled, and by the authority of the same,
That the act entitled " an act to incorporate the President, Di-
rectors and Company of the Sutton Bank," passed on the elev-
enth day of March, in the year of our Lord one thousand eight
hundred and twenty-eight, is hereby declared forfeited and void,
and from and after the passing of this act, is, and shall be taken
to be wholly repealed. [March 6, 1830.]

An Act to incorporate the Ocean Insurance Company. f^hnrt fifi

Sect. 1. BE it enacted by the Senate and House of Rep- ^'

resentatives, in General Court assembled, and by the author-
ity of the same, That Stephen Glover, Daniel Hammond,
William Eager, Levi Bartlett, Russell E. Glover, John I. Put- poS.'"'"''
nam and Nathan Pratt, with their associates, successors and as-
signs, be, and they are hereby incorporated into a company and
body politic, by the name of the Ocean Insurance Company,
with all the powers and privileges granted to insurance compa-
nies, and subject to all the restrictions, duties, and obligations, tiesT
contained in a law of this Commonwealth, entitled "an act to ,oi^ ■ ion

, ^ , 1 . , . . ' » . 1817 ch. 120.

define the powers, duties and restrictions ot insurance compa-
nies," passed on the sixteenth day of February, in the year of
our Lord, one thousand eight hundred and eighteen, and in a
law of this Commonwealth, entitled " an act authorizing the sev- i8i9ch. 14.1.
eral insurance companies of this Commonwealth to insure against
fire," passed on the twenty-first day of February, in the year of
our Lord one thousand eight hundred and twenty, for and during
the term of twenty years after the passing of this act ; and by
that name may sue and be sued, plead and be impleaded, ap-
pear, prosecute, and defend to final judgment and execution, and
may have a common seal, which they may alter at pleasure ;
and may purchase, hold, and convey, any estate, real, or per-
sonal, for the use of said company : provided, the said real es- Keal estate,
tate shall not exceed the value of fifty thousand dollars, except-
ing such as may be taken for debt, or held for collateral securi-
ty, for money due to said company.

Powers and du-

836

1829.-

•Chap. 66.

Capital stock,
shares, &c.

Number and
election of di-
rectors.

Right of voting.

Choice of presi-
dent.

Board of direc*
tors.

laws.

Sect. 2. Be it further enacted, That the capital stock of
said company shall be two hundred thousand dollars, and shall
be divided into shares of one hundred dollars each, one hun-
dred thousand dollars of which shall be paid in money within
sixty days after the first meeting of the said company, and the
residue within one year from the passing of this act, in such in-
stalments, and under such penalties, as the president and direc-
tors shall, in their discretion, direct and appoint : and the said
capital stock shall not be sold or transferred, but shall be hold-
en by the original subscribers thereto, for and during the term
of one year after the said company shall go into operation ; and
if the provisions of this act shall not be complied with, within
one year from the first meeting, then the same shall be void.

Sect. 3. Be it further enacted, That the stock, property,
affairs, and concerns of the said company, shall be managed and
conducted by twelve directors, one of whom shall be president
of said company, who shall hold their offices for one year, and
until others are chosen, and no longer, and who shall, at the
time of their election, be stockholders in said company, and
citizens of this Commonwealth, and shall be elected on the
second Monday in March, in each and every year, at such
time of the day, and in such place in Boston, as a majority of
the directors for the time being shall appoint, of which election
public notice shall be given in two of the newspapers printed
in Boston, and continued for the space of ten days immediate-
ly preceding such election : and the election shall be made by
ballot, by a majority of the stockholders present, allowing one
vote to each share in the capital stock : provided, that no stock-
holder shall be allowed more than thirty votes, and absent stock-
holders may vote by proxy, under such regulations as the said
company shall prescribe : and if, through any unavoidable acci-
dent, the said directors shall not be chosen on the second Mon-
day in March as aforesaid, it shall be lawful to choose them on
any other day, in the manner herein provided for the election of
directors.

Sect. 4. Be it further enacted, That the directors, when
chosen, shall meet as soon as may be after every election, and
shall choose out of their body one person to be president, who
shall be sworn or affirmed to the faithful discharge of the duties
of his office, and who shall preside for one year, and until anoth-
er be chosen ; and in case of the death, resignation, or inability
to serve, of the president, or any director, such vacancy or va-
vancies shall be filled, for the remainder of the year in which they
happen, by a special election for that purpose, to be held in the
same manner as herein before directed respecting [the'] annual
election of directors.

Sect. 5. Be it further enacted, That the president and six
of the directors, or seven of them in his absence, shall be a board
competent lo the transaction of business ; and all questions before
them shall be decided by a majority of votes ; and they shall have
power to make and prescribe such by-laws, rules and regulations,

1829. Chap. 65—66. 837

as to them shall appear needful and proper, touching the manage-
ment and disposition of the stock, property, estate and effects of
said company, and the transfer of the shares, and touching the
duties and conduct of the several officers, clerks and servants
employed, and the election of directors, and all such matters as
appertain to the business of insurance, and shall also have power
to appoint a secretary, and as many clerks and servants, for car-
rying on the said business, and with such salaries and allowances
to them, and to the president, as to the said board shall seem
meet : provided, such by-laws and regulations shall not be repug-
nant to the constitution and laws of this Commonwealth.

Sect. 6. Be it further enacted, That any two or more of First meeting.
the persons named in this act are hereby authorized to call a
meeting of said company, by advertising the same, for two suc-
cessive weeks, in the Columbian Centinel, Boston Patriot, and
Daily Advertiser, printed in Boston, for the purpose of electing
their first board of directors, who shall continue in office till the
second Monday in March, in the year of our Lord then next en-
suing, and until others shall be chosen in their stead : provided, Proviso.
however, that this chai'ter shall be void, and of no effect, unless
put into operation, agreeably to the terms of it, within one year
from and after the passing of this act : and provided, also, that
the said company shall not take any risk, or subscribe any policy,
by virtue of this act, until one hundred thousand dollars of the
capital stock of said company shall have actually been paid in.

Sect. 7. Be it further enacted. That said company shall Limitation of
never take on any one risk against fire, or other risk, or loan on ^'^^^'
respondentia or bottomry, on any one bottom, at any one time,
including the sum insured by them, in any other way, on the same
bottom, a sum exceeding ten per centum on the capital stock of
said company actually paid, agreeably to the provisions of this
act.

Sect. 8. Be it further enacted, That the said insurance Location,
company shall be located and kept in the city of Boston.

Sect. 9. Be it further enacted, That the said Ocean Insur- Liability to be
ance Company shall be liable to be taxed by any general law *^''^^-
providing for the taxation of all similar corporations, which are
by law liable to be taxed. [March 6, 1830.]

An Act in addition to " An Act to incorporate the First Universalist Society in Cam- CJldJ), QQ,
bridge." * *

Sect. 1. BE it enacted by the Senate and House of Repre- ^^^^ '^^•^^'
sentatives, in General Court assembled, and by the authority of
the same, That said society be, and they are hereby empowered Power to assess
to assess such part as they may determine, at the meeting at which g^tales"^
the money may be raised, of any sum legally granted or voted by
said society, upon the polls and estates of the members thereof,
in like manner as parishes and religious societies are authorized
to do, and the residue only of such sum on the pews and seats
of their meeting-house, any thing in the act to which this is in
addition to the contrary notwithstanding.

838

1829.-

-Chap. 66 — 67.

Lei
Irol

islative con- Sect. 2. Be it further enacted, That this act shall be sub-
ject to revision or repeal, at the pleasure of the Legislature.
[March 6, 1830.]

Chap. 61.

1820 ch. 31.

Real and per-
sonal estate.

Taxes, how
assessed.

Proviso.

1817 ch. 189.

Proprietors of
pews entitled to
vote.

Proviso.

Repeal.

An Act in addition to " An Act to incorporate the Second Religious Society in Wal-
tham."

Sect. 1. BE it enacted by the Senate and House of Re-
presentatives, in General Court assembled, and by the authority
of the same, That the said religious society shall be capable in
law to purchase and hold any estate, real or personal, for the use
of said society, the annual income of which shall not exceed two
thousand dollars ; and the |)ews in their meeting-house shall be
deemed and taken as personal estate ; and each proprietor of a
pew shall have a certificate thereof, signed by the clerk of the
society, to be recorded in a book for that purpose ; and the
mode of future transfers shall be determined by the by-laws of
said society.

Sect. 2. Be it further enacted. That all sums of money
necessary to be raised by said society, for the support of public
vvorsl)ip, and other necessary expenses, over and above the sum
of two hundred dollars, which the agent of the Boston Manufac-
turing Company, on their behalf, has agreed to pay in lieu of
parish taxes, shall be assessed upon the pews in said meeting-
house, according to their respective values, so long as said com-
pany shall pay said sum ; and whenever the said company shall
cease to pay said sum, then said society shall have power to raise
the whole of said taxes, either upon the pews as aforesaid, or
upon the polls and estates of the members of said society, or part
only of said taxes upon the polls and estates, and the residue up-
on the pews as aforesaid : provided, that said society may exempt
from such assessment a ministerial pew, and any other pew or
pews in said house which may not be occupied ; and any assess-
ment upon the pews as aforesaid may be collected in the manner
provided by "an act authorizing the proprietors of churches,
meeting-houses, and other houses of public worship, to regulate
and manage their property and interests therein."

Sect. 3. Be it further enacted. That at all meetings of
said society, so long as the taxes shall be assessed upon the pews
as aforesaid, and no longer, the proprietors of said pews, and no
others, shall be entitled to vote, and in such manner as shall be
provided by the by-laws of said society ; but no person shall be
entitled to mm'e than double the number of votes to which the
proprietor of one pew shall be entitled : provided, however, that
said society may admit the occupants of pews not exempted
from taxation to vote, in such manner as they shall by their by-
laws determine ; and said society shall have authority to choose
all such officers, and make all such by-laws, as the good man-
agement of the affairs of the corporation may require : provided,
the same be not repugnant to the constitution and laws of this
Commonwealth.

Sect. 4. Be it further enacted, That all the provisions of

1829. Chap. 67—69. 839

tbe act to which this is in addition, excepting the two first sec-
tions tliereof, be and the same are hereby repealed.

Sect. 5. Be it further enacted, Tliat this act shall be sub- Legislative con-
ject to revision or repeal at the pleasure of the Legislature. *'^°'
[March 6, 1830.]

An Act to provide for the Survcj' of Lumber in the city of Boston, and to repeal CJhnri fJS

certain provisions of law in relation to the exportation of Lumber from the Com- .r * *

monwealth.

Sect. 1. RE it enacted by the Senate and House of Representatives, in General
Court assembled, and by the authority of the same, That, from and after the passage Cjty of Boston
of this act, it shall be lawful for the city government of the city of Boston to make and niay establish
establish ordinances, rules and regulations for the inspection, survey and admeasure- ordinances for
ment of boards, plank, timber, shingles, clapboards and lumber, of ever}' description, t|,g survey of
brought by water into said city for sale, as they may from time to time determine to lumber,
be expedient, and suitable to the circumstances of the said city, and to ordain fit pen-
allies for the breach of such ordinances, rules and regulations, to be recovered in the
same manner, and before the same courts, as other fines and forfeitures are recover-
able by law.

Sect. 2. Be it further enacted. That the said city government, in their discretion. Appointment of
may also provide for the appointment of all such surveyors, inspectors and other offi- officers, &c.
cers, as they may find expedient and proper for the execution of such ordinances, rules
and regulations, and to fix their fees, and compensation for their official duties and
services.

Sect. 3. Be it further enacted, That so much of any acts of this Commonwealth, Repeal,
as is inconsistent with the powers herein given to the city government of the city of
Boston, be, and the same is hereby repealed : provided, however, that this section shall Proviso,
not take effect until the said city government have made and established ordinances,
and provided for the appointment of officers for the survey of lumber, agreeably to the
first and second sections of this act, and until said ordinances have been published, as
other ordinances of said city are published.

Sect. 4. Be it further enacted, That the second, fifth, sixth and seventh sections
of an act, passed July eleventh, in the year of our Lord one thousand seven hundred Repeal 1783
and eighty-three, entitled " an act for the admeasurement of boards, and regulating ch. 15.
the tale of shingles, clapboards, hoops and staves," and also an act in addition thereto, i^q^^ i, c<
passed March sixteenth, in the year of our Lord one thousand seven hundred and -^ • ■
eighty-four, be and the same are hereby repealed.

Sect. 5. .Be j7 /wri/fer ewaciec?. That this act may be altered, amended or repeal- Legislative con-
ed, at the pleasure of the Legislature. \^March 6, 1830.] Repealed, 1836 ch. 7. trol.

An Act to incorporate the Boston Flint Glass Company. ChctlJ 69

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority
of the same. That Edward A. Pearson, and Levi Farwell, to- Persons incor-
gether with such other persons as may become associates with P"'^'^^-
them, their successors and assigns, be, and they are hereby made
a corporation, by the name of the Boston Flint Glass Company,
for the purpose of manufacturing flint glass ware in the city of
Boston ; and for that purpose shall have all the powers and priv- Powers and du-
ileges, and be subject to all the duties and requirements, con- "^^•
tained in an act passed on the twenty-third day of February, in
the year of our Lord one thousand eight hundred and thirty, en-
titled "an act defining the general powers and duties of manu- 1829 ch. 53.
facturing corporations."

Sect. 2. Be it further enacted, That the said corporation Real and per-
raay hold and possess such real estate, not exceeding the value ^°"^' estate.
of twenty-five tliousand dollars, and such personal estate, not
exceeding die value of one hundred thousand dollars, as may be
convenient and necessary for carrying on the business of manu-
facturing flint glass ware.

Sect. 3. Be it further enacted. That either of the persons First meeting,
named in this act be, and he is hereby authorized to appoint the
time and place of holding the first meeting of said corporation.

840 1829. Chap. 69—72.

and to notify each of the members thereof, either by personal
notice or otherwise, seven days at least before the time of hold-
ing such first meeting.
Leffisiaiive con- Sect. 4. Be it further enacted^ That this act maybe altered
or repealed at the pleasure of the Legislature of this Common-
wealth. [JVIarch 6, 1830.]

Chap, 70. -A" ^^"^ authorizing- Jeremiah Banning to construct a Wharf in the harbour of Edgar-
* town in Dukes County.

BE it enacted by the Senate and House of Representatives j
in General Court assembled^ and by the authority of the same,
Powers grant- That Jeremiah Banning be, and he is hereby authorized and al-
^^- lowed to build a wharf in the harbour of Edgartown, in Dukes

county, below low water mark, adjoining his land, into the chan-
nel of said harbour, until said wharf shall be extended to where
there may be a depth of water equal to that at the other wharves
now erected in said harbour, and that he be allowed the exclusive
use of the water, one hundred and ten feet wide, into the channel.
Proviso. for the use, occupation and accommodation of said wharf : pro-

vided, that this grant shall in no wise interfere with the legal
rights of any other person or persons whatever. [March 6,
1830.]

ChctP' 71. An Act authorizing- Charles Butler to construct a Wharf in the Harbour of Edgar-
town, ill Dukes County.

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same.

Wharf author- That Charles Butler be, and he is hereby authorized and allowed
to build a wharf in the harbour of Edgartown, in Dukes county,
below low water mark, adjoining his land, into the channel of
said harbour, until said wharf shall be extended to where there
may be a depth of water equal to that at the other wharves now
erected in said harbour, and that he be allowed the exclusive use
of the water one hundred and ten feet wide into the channel, for

Proviso. the use, occupation and accommodation of said wharf: provided,

that this grant shall in no wise interfere with the legal rights' of
any other person or persons whatever. [AJarch 6, 1S30.]

ChciT) 72 ''^" ^^^ incorporating the Hampshire Mutual Fire Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Persons incor- the Same, That Oliver Warner, Charles A. Dewey, Chauncy
porate . Clark, Joshua Simmons, Charles Hooker, Dyer Bancroft, Jus-

tus Forward, Elijah Boltwood, Bela P. Clapp, Elisha Edwards,
Jun., John Ludden, Ziba Cook, Samuel Kirkland, Daniel Dick-
inson, Jonathan Olds and John Warner, their associates, succes-
sors and assigns, are hereby constituted a body corporate, by the
name of the Haiupshire Mutual Fire Insurance Company, with
the powers and privileges incident to said corporations, for the
term of twenty-eight years.
When, and for Sect. 2. Be it further enacted. That when the sum sub-
what time, cor- g^nbed to be insured shall amount to one hundred thousand dol-

poralion may . . <• i r r

isure. lars, SEid corporation may msure, lor the term ol trom one to

1829. Chap. 72. 841

seven years, any dwelling-house, store or other buildings, or
household furniture, against damage arising to the same by fire,
to an amount not exceeding three-fourths of the value of the
property insured.

Sect. 3. Be it further enacted, That said corporation may By-lawsand
choose such officers, and establish such by-laws, as may be votes,
deemed necessary, not repugnant to the constitution or laws of
this Commonwealth, and each member shall have as many votes
as he has policies, and may vote by proxy.

Sect. 4. Be it further enacted. That the funds of said investment and

,,,,.•' , . , , , , appropriation of

corporation shall be mvested m stocks, or loaned on such secu- funds,
rity as the directors may order, and shall be appropriated, first
to pay the expenses of the corporation, and next to pay the
damages which any member may be entitled to recover on his
policy. In case any member shall have a just claim upon the
corporation exceeding the amount of their then existing funds,
the directors shall, without delay, assess such sum as may be ne- Assessments,
cessary, on the members, in proportion to the amount of their
premiums and deposits for seven years ; but not to exceed dou-
ble the amount of such premiums and deposits.

Sect. 5. Be it further enacted^ That whenever any mem- Levy and satis-
ber shall recover judgment against said corporation, he may levy cu^tions.° ^^^'
his execution on their estate or funds ; but if sufficient estate or
funds cannot be found to satisfy the same, and the directors shall
neglect or refuse, for the space of thirty days from the rendering
such judgment, to make an assessment, agreeably to the princi-
ples herein expressed, and deliver the same to the treasurer of
said corporation, and direct him to collect the same in the man-
ner by said corporation pointed out, to satisfy such execution,
then, and in that case, he may levy the same on the private prop-
erty of any one or more of the directors ; and any director
whose property may be thus taken, may sustain an action of the
case against said corporation, to recover full and adequate dam-
ages therefor.

Sect. 6. Be it further enacted^ That each policy of insur- Policies shall
ance shall, of itself, without any other ceremony, create a lien property in° '^^
on any building insured, and on the land under the same, and sured.
also on any other property insured, and this shall not prevent the
taking of other collateral security.

Sect. 7. Be it further enacted^ That in case it shall be- Proceedings in

i i ii !• ^1 i • J case of resort

come necessary to resort to the lien on the property msured, ^^ t^g Hen.
the treasurer shall demand payment of the insured, or his legal
representative, and likewise of the tenant in possession, and, in
case of non-payment, the corporation may sustain an action for
the sum due, either on the deposit note or by assessment, and
their execution may be levied on the insured premises, and the
officer making the levy may sell the whole or any part of the es-
tate at auction, giving notice, and proceeding in the same manner
as is required in the sale of equities of redemption on execution,
and the owner shall have a right to redeem the estate by paying

VOL. VI. 106

842

1829.-

-Chap. 72—73.

Persons insured
may receive
proportion of
remaining
stock.

Liability to be
tajced.

First meeting.

Chap. 73.

Persons incor-
porated.

When and for
what time cor-
poration may
insure.

By-laws and
votes.

Investment and
appropriation
of funds.

Levy and satis-
faction of exe-
cutions.

the costs of sale, the amount of execution, and twelve per cent,
interest thereon, within one year from said sale.

Sect. 8. Be it further enacted^ That each person insured
shall, after the expiration of his policy or policies, harve a right
to demand and receive from the corporation his share of the re-
maining funds, in proportion to the sum or sums by him actually
paid.

Sect. 9. Be it further enacted, That this corporation shall
be liable to be taxed by any general law of this Commonwealth
taxing other similar institutions, and any person named in this act
may call the first meeting by advertising the same in any news-
paper printed in the county of Hampshire. [Alarch 6, 1830.]

An Act to incorporate llie Becket Mutual Fire Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Eliada Kingsley, Arvad Chapman, Jabin B.
Williams, Harry Chapman, Vassel White, Jun., S. A. Dewey,
Elisha Adams, Alexander Clarke, Sylvanus Durlam, O. A.
Perkins, Timothy Snow, Charles Seger, Alonzo N. Dewey,
Lester Kingsley, and their associates, successors and assigns,
are hereby constituted a body politic and corporate, by the name
of the Becket Mutual Fire Insurance Company, with all the
powers and privileges incident to such corporations, for the term
of twenty-eight years.

Sect. 2. Be it further enacted, That when the sum sub-
scribed to be insured shall amount to twenty-five thousand dol-
lars, said corporation may insure for the term of from one to
seven years, any buildings, goods, or moveables whatsoever, to
any amount not exceeding three quarters of the value of the pro-
perty insured.

Sect. 3. Be it further enacted. That said corporation may
choose such officers, and establish such by-laws, as they may
deem necessary, not repugnant to the constitution and laws of
this Commonwealth ; and each member shall have as many votes
as he has policies, and may vote by proxy.

Sect. 4. Be it further enacted. That the fuijds of said cor-
poration shall be vested in stocks, or loaned on security, as the
directors inay order, and shall be appropriated, first, to pay the
expenses of the corporation, and next to pay the damages which
any member may be entitled to recover on his policy. In case
any member shall have a just claim upon the corporation, exceed-
ing the amount of their then existing funds, the directors shall,
without delay, assess such sum as may be necessary on the mem-
bers, in proportion to the amount of their premiums and depo-
sits for seven years, but not to exceed triple the amount of such
premiums and deposits.

Sect. 5. Be it further enacted. That, whenever any mem-
ber shall recover judgment against said corporation, he may levy
his execution on their estate or funds ; but, if sufficient estate or
funds cannot be found, he may levy the same on the private pro-
perty of any of the directors : provided, they first refuse, or

1829. Chap. 73—75. 843

neglect, for the space of sixty days, to satisfy the execution,
after formal demand made on them for that purpose ; and any
director, whose property maj^ be thus taken, may sustain an
action of the case against the corporation, to recover full and
adequate damages therefor.

Sect. 6. Be it further enacted, That each policy of in- Policy shall cre-
surance shall, of itself, without any other ceremony, create a lien ate a lien on

1 -1 I- • 1 1 111 1 ■ r I property insur-

on any building insured, and on the land under U, lor the pay- ed.
ment of the premium stipulated in said policy, and of all assess-
ments lawfully made by virtue thereof; and this provision shall
not prevent the taking of other collateral security.

Sect. 7. Be it further enacted, That in case it should be- Proceedings in
come necessary to resort to the lien on the property insured, the t^^the Hen^*"^'
treasurer shall demand payment of the insured, or his legal rep-
resentative, and likewise of the tenant in possession ;and, in case
of non payment, the corporation may sustain an action for any
sum due, either on the deposit note, or by assessment ; and
their execution may be levied on the premises insured ; and the
officer making the levy may sell the whole, or any part of the
estate, at auction, giving notice, and proceeding in the same man-
ner as is required in the sales of equities of redemption on exe-
cution ; and the owner shall have a right to redeem the estate,
by paying the cost of sale, the amount of the execution, and
twelve per cent, interest thereon, within one year from such sale.

Sect. 8. Be it further enacted, That this corporation shall Liability to be
be liable to be taxed by any general law of this Commonwealth, ^^^^ '
taxing other similar institutions ; and any member named in this First meeting.
act may call the first meeting, by posting up notifications thereof
at two or more public places in the town of Becket in the coun-
ty of Berkshire at least ten days before the time of meeting.
[March 8, 1830.]

An Act to prevent the destruction of Trout in Russell Pond, in the town of Russell, f^hftn 7A

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That any person, who shall take or kill any trout in Russell pond,
in the town of Russell, at any time between the first day of Oc-
tober and the first day of January hereafter, shall forfeit and pay
the sum of one dollar for each trout so killed or taken, to be Penalty,
recovered in an action of debt, in any court proper to try the
same, in the name and to the use of the person who may first
sue therefor. [March 8, 1830.]

An Act to reduce the capital stock of the Asiatic Bank. ChcLTI 7o

Sect. 1. BE it enacted by the Senate and House of Repre- i824ch. 40.
sentatives, in General Court assembled, and by the authority of ^^^ "^h- ^^^•
the same. That, from and after the first Monday of April next, i827 eh. 24!
the capital stock of the corporation created by an act passed on Capital stock
the twelfth day of June, in the year of our Lord one thousand reduced,
eight hundred and twenty-four, by the name of the President,
Directors and Company of the Asiatic Bank, be, and the same
hereby is reduced to the sum of two hundred thousand dollars.

844

1829.-

■Chap. 75—77.

Numbej of
shares.

Dividend, «fcc.

Tax.

Chap. 76.

1818 ch. 71.

Capital stock
reduced.

Number of
shares.

Dividend, &c.

Tax.

Chap. 77.

Apr. 1772.
Annexations,

1802 ch. 9.
(V.3.P.7.)

1803 ch. 50.
(v. 3. p. 258.)

Sect. 2. Be it further enacted^ That the number of shares
in said capital stock shall remain the same as now established.

Sect. 3. Be il further enacted, That no dividend cf the
capital stock of said bank, as now existing, shall be made, until it
shall have been proved, to the satisfaction of the governor and
council, or of commissioners by them appointed, at the expense
of said corporation, that the sum, to which the said capital stock
is to be reduced, is sufficient to pay all notes in circulation, and all
deposits and other demands existing against said corporation, and
that nothing contained in this act shall be construed to affect the
liability of the corporation, or of the individual stockholders, as
established by the original act incoiporating said bank, or by any
other existing law. And the said corporation shall be holden to
pay into the treasury of this Commonwealth, their proportion of
the tax now required to be paid by law upon the existing capital
of said bank, until the same shall be reduced as aforesaid, and all
arrearages of taxes paid. [J^larch 8, 1830.] Add. act, 1830
ch. 58.

An Act to reduce the capital stock of the Commercial Bank.

Sect. 1. BE it enacted hy the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That, from and after the first Monday of April next,
the capital stock of the corporation created by an act passed on
the twelfth day of Februaiy, in the year of our Lord eighteen
hundred and nineteen, by the name of the President, Directors
and Company of the Commercial Bank, be, and the same hereby
is reduced to the sum of two hundred thousand dollars.

Sect. 2. Be it further enacted, That the number of shares
in said capital stock shall remain the same as now established.

Sect. 3. Be it further enacted, That no dividend of the
capital stock of said bank, as now existing, shall be made, until
it shall have been proved, to the satisfaction of the governor and
council, or of commissioners by them apj)ointed, at the expense
of said corporation, that the sum to which the said capital stock
is to be reduced, is sufficient to pay all notes in circulation, and all
deposits and other demands existing against said corporation ; and
that nothing contained in this act shall be construed to affect the
liability of the corporation, or of the individual stockholders, as
established by the original act incorporating said bank, or by any
other existing law. And the said corporation shall be holden to
pay into the treasury of this Commonwealth, their proportion of
the tax now required to be paid by law upon the existing capital
of said bank, until the same shall be actually reduced as aforesaid,
and all arrearages of taxes paid. [JMarch S, 1830.] Add. act,
1830 ch. 58.

An Act in addition to •' An Act for incorporating a number of the inhabitants iu the
West Parish of Roxbury, with their estates, into a distinct Parish or Precinct."

Sect. 1 . BE it enacted by the Senate and House of Represen-
tatives, in General Court assembled, and by the authority of the
same, That the Congregational Society of the Third Parish in
Roxbury may take, hold and possess, by gift, devise, purchase,

1829. Chap. 77—78. 845

or otherwise, real and personal estate, not exceeding twenty-five I804ch. 104.
thousand dollars, exclusive of the present lands, huildings and Isbe ch.tl^
appurtenances, as a ministerial fund, the income only of which isii ch. 134.
shall be expended annually, and those only, whose pews in the {ssoch. 2a'
meeting-house in said parish are taxed, shall be deemed legal ^^^,1 gnj p^^.
voters, and said corporation may choose all such officers, and sonal estate.
make and establish such by-laws, as the good management of
their concerns may from lime to time require : provided, the
same are not repugnant to the constitution or laws of this Com-
monwealth.

Sect. 2. Be it further enacted, That all monies necessary Assessments.
for the support of public worship in said meeting-house, and all
other parochial charges, and for repairs of buildings and fences
on their lands, which may be duly voted to be raised, shall be
assessed on the pews on the lower floor in said meeting-house ;
according to a scale of valuation agreed upon by a vote of said
parish, passed on the seventh day of January, in the year of our
Lord one thousand eight hundred and thirty, which said valuation
is not to be changed for the term of five years from the second
Monday of April next ; but, after that time, may be altered, and
gallery pews may be included, if deemed expedient; said assess-
ments to be collected in the manner provided by an act, entitled
"an act authorizing the proprietors of churches, meeting-houses, 1817 ch. 189.
and other houses of public worship, to regulate and manage their
property and interest therein," passed the twenty-fourth day of
February, in the year of our Lord one thousand eight hundred
and eighteen.

Sect. 3. Be it further enacted, That said proprietors shall Pews '^o^'^i^de'"-
hold their pews under their respective deeds, and the same shall estate, &c.
hereafter be considered personal estate, and the mode of future
transfers shall be determined by the by-laws of said corporation,
but no conveyance shall be valid until entered on the records of
the corporation.

Sect. 4. Be it further enacted. That any person, wishing Persons nuend-
to dispose of his or her pew, shall first give notice thereof to the "hi !l°offer^ihrm
standing committee, stating the name of the person to whom it is tp the corpora-
intended to sell, and offering the same to said corporation ; and
if said corporation shall not elect to purchase and pay for such
pew within thirty days from such notice, the same may be sold :
provided, all dues thereon be first paid.

Sect. 5. Be it further enacted, That this act shall be sub- Legislative con-
ject to alteration or repeal at the pleasure of the Legislature. "^° '
[March 8, 1830.]

An Act to change the name and reduce the Capital Stock of the Manufacturers and (J/inr) 78
Mechanics Bank. j *

Sect. 1. BE it enacted by the Senate and House of Rep- {gjf chGS^'
resentatives, in General Court assembled, and by the authority
of the same. That the banking corporation created and estab- Name changed,
lished in Boston, in the county of Suffolk, by an act passed and
approved the eighteenth day of February, in the year of our Lord
one thousand eight hundred and fourteen, by the corporate

846

1829.

■Chap. 78.

Amountof capi-
tal stock and
shares.

Proviso.

Dividend of
capital stock,
&c.

Loans to the
Common-
wealth.

Repeal.

name of the Manufacturers and Mechanics Bank, may, on and
after the first Monday of April next, take the corporate name
of the President, Directors and Company, of the Tremont
Bank, and by that name, shall be known, and called, and plead,
and be impleaded.

Skct. 2. Be it further enacted, That, on and after the
first Monday of April next, the capital stock of said bank shall
consist of five hundred thousand dollars, divided into five thou-
sand shares of one hundred dollars each ; and, in order to re-
duce said capital stock to that sum, and to make the shares of
that amount, the president and directors of said bank, shall, on
said day, or as soon after as may conveniently be done, pay to
such persons as may be owners and holders of said stock on
that day, to each and every of them, one third part of the cap-
ital stock, so owned and held by each stockholder respective-
ly, at its full par value, with such profits or dividend as may
then belong to the same ; and shall then deliver, to such stock-
holders, new certificates, in shares of one hundred dollars each,
for the stock remaining unpaid, receiving at the same time the
old certificates held by such stockholders : provided, however,
that in case there shall remain to any stockholder, after receiv-
ing one third of his capital stock as aforesaid, and a new certi-
ficate at one hundred dollars for each share, a fraction or part
of his capital stock, less than one hundred dollars, such fraction
or part shall be paid to him at its full par value, or be adjusted
in such other manner as the parties may elect and agree upon.

Sect. 3. Be it further enacted, That no dividend of the
capital stock of said bank, as now existing, shall be made, until
it shall have been proved to the satisfaction of the governor and
council, or of commissioners by them appointed, at the ex-
pense of said corporation, that the sum to which the said capi-
tal stock is to be reduced, is suflicient to pay all notes in cir-
culation, and all deposits and other demands existing against
said corporation, and that nothing contained in this act shall be
construed to affect the liability of the corporation, or the indi-
vidual stockholders, as established by the original act incorpo-
rating said bank, or any other existing law ; and the said corpo-
ration shall be holden to pay into the treasury of the Common-
wealth their proportion of the tax now required to be paid by
law upon the existing capital of said bank, until the same shall
be actually reduced as aforesaid and all arrearages of taxes paid.

Sect. 4. Be it further enacted, That the liability of the
president, directors and company of the said bank to loan to the
Commonwealth, shall be in proportion to the sum of the capital
of said corporation, when reduced as aforesaid.

Sect. 5. Be it further enacted, That so much of the
aforesaid act, passed February 14, [IS,] 1814, as is inconsist-
ent with the provisions of this act, be, and the same is hereby
repealed. [March 8, 1830.] Add. act, 1S30 ch. 58.

1829. Chap. 79—80. 847

An Act to authorize the laying out of a Highway over Goose Cove, in tiic town of y^/ mQ

Gloucester. L'tlup. tV,

BE it enacted by the Senate and House of Representatives^ in
General Court assembled, and by the authority of the same,
That the county commissioners for the county of Essex, be, Commissioners
and hereby are authorized and empowered to lay out a pubhc fa^ouralligh"
highvvay across Goose Cove, in the town of Gloucester, the way.
same being navigable water, in case said commissioners shall, af-
ter a full hearing, be of the opinion that the public good requires
it. [March 8, 1830.] Add. act, 1830 ch. 59.

An Act providing in certain cases for the Election of Mayor of the City of Boston. ^, q^

Sect. 1. BE it enacted by the Senate and House of Rep- P'

resentatives, in General Court assembled, and by the aiUhority ^^~}^ ^h. no.
of the same. That, whenever, on examination by the mayor and isSIch. 49.'
aldermen of the city of Boston, of the returns of votes given
for mayor, at the meetings of the wards holden for the purpose elected in cer-
of electing that officer, last preceding the first Monday of Janu- 'a'" cases.
ary in each year, no person shall appear to have a majority of all
the votes given for mayor, the mayor and aldermen by whom
such examination is made shall make a record of that fact, an
attested copy of which it shall be the duty of the city clerk to
produce and read on the first Monday of January, in the pres-
ence of the membeis returned to serve as aldermen and com-
mon council men, and thereupon the oaths prescribed by law
may be administered to the members elect, by any one of the
justices of the supreme judicial court, or any judge of any court
of record holden in said city, or by any justice of the peace for
the county of Sufiblk ; and thereupon the members of the board
of aldermen shall proceed to elect a chairman, and the common
council a president, in their respective chambers ; and being re-
spectively organized, shall meet in convention, and proceed to
the election of mayor, by ballot, from the three persons having
the highest number of votes for that office at the last ballot in
the wards, and the person having a majority of all the voles,
shall be mayor for the current year, being first duly sworn.
And the same proceedings shall be had in case of the death of
any person elected mayor, prior to the meeting of the city coun-
cil on the first Monday in .January.

Sect. 2. Be it further enacted. That in case any person in case of re-
elected mavor of saiti city shall refuse to accept the office, the fl'^'''"J° accept

- I 11 r -^i 1 • 11 . ^ 1 • u the office, mayor

same proceedings shall be had in all respects as are herem be- how elected.
fore directed, in cases wherein there has been no choice, until
a mayor be chosen by a majority of votes : provided, that if
such refusal be not known to the mayor and aldermen in season
to enable them to issue warrants for ward meetings prior to the
first Monday in January, the convention shall proceed to the
election of a mayor by ballot, from the citizens at large, and the
person having a majority of all the votes shall be mayor for the
current year, being first duly sworn. And in case of the una-
voidable absence, by sickness or otherwise, of the mayor, on
the first Monday of January, the city council shall organize it-

848

1829.-

■Chap. 80—84.

This act how
void.

Chap. 82.

1822 f,h. 55.

1823 ch. 8.

CapiUil stock
reduced.

Dividend, &c.

Tax.

Chap. 83.

1799 ch. 80.
(v. 2. p. 378.)
181Q ch. 28.

Real estate.

Chap. 84.

Fishing with
seines prohib-
ited.

self in the mode herein before provided, and may proceed to
business in the same manner as if the mayor were present.

Sect. 3. Be it further enacted^ That this act shall be void
unless the inhabitants of said city of Boston, at a legal city meeting
called for that purpose, shall, by a written vote, determine to
adopt the same, within twelve days from the time of the passage
of this act. yVIarch 8, 1830.] Add. act, 1830 ch. 7.

An Act to reduce the Capital Slock of the Exchange Bank.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled^ and by the authority
of the same, That, from and after the first Monday of April
next, the capital stock of the corporation created by an act of
the Legislature, passed on the thirty-first day of January, in the
year of our Lord one thousand eight hundred and twenty-three,
by the name of tho President, Directors and Company of the
Exchange Bank, be, and the same hereby is reduced to the sum
of two hundred thousand dollars.

Sect. 2. Be it further enacted, That the number of shares
in said capital stock shall remain tlie same as now established.

Sect. 3. Be it further enacted. That no dividend of the
capital stock of said bank, as now existing, shall be made, until
it shall have been proved, to the satisfaction of the governor and
council, or of commissioners by them appointed, at the expense
of said corporation, that the sum to which the said capital stock
is to be reduced, is sufficient to pay all notes in circulation, and
all deposits, and other demands existing against said corporation ;
and that nothing contained in this act shall be construed to affect
the liability of the corporation, or of the individual stockholders,
as established by the original act incorporating said bank, or by
any otlier existing law. And the said corporation shall be holden
to pay into the treasury of this Commonwealth their proportion
of the tax now required to be paid by law, upon the existing
capital of said bank, until the same shall be actually reduced as
aforesaid, and all arrearages of taxes paid. [JMarch 8, 1830. J
Add. act, 1830 ch. 58.

An Act in addition to an Act, entitled " An Act to incorporate Ebenezer Bickford
and others, for the purpose of establishing an Iron Manufactory, and other purposes
therein mentioned."

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same,
That the Salem Iron Factory Company may hereafter hold real
estate for the purposes of the corporation, to the amount of fifty
thousand dollars. [March 8, 1830.]

An Act to prevent the destruction of Fish by seining in tlie waters of Tisbury.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That, from and after the passing of this act, it shall not
be lawful for any person or persons to catch by seining thereof,
or by the use of any nets, (excepting dip nets,) any fish in the

1829. Chap. 84—85. 849

waters of the Lagoon and Chappaquansett ponds, in tlie town of
Tisbury, or the creeks or shores adjoining said ponds, or
Holmes Hole harbor ; excepting English herring, menhaden
and mackerel : provided, that this act shall not have force or ef- Proviso,
feet to restrain the taking of fish in the manner aforesaid, in any
place more than one mile from the shores adjoining said pond,
excepting Holmes Hole harbor.

Sect. 2. Be it further enacted, That if any person or per- Penalties,
sons shall violate the provisions of tliis act, each person so of-
fending, for each and every such offence, shall, on conviction
thereof, pay a fine not exceeding ten dollars, nor less than one
dollar, if the quantity of fish so taken be less than one barrel ;
but if the quantity shall be one barrel or more, such person or
persons, so offending, shall forfeit and pay, for each and every
barrel of fish so taken, the sum of five dollars.

Sect. 3. Be it further enacted, That all fines and forfeitures, Howrecover-
which shall be incurred by virtue of this act, shall be recovered ® '
in an action of debt, in any court proper to try the same, by any
person who shall first sue therefor, one half thereof to the use of
the complainant, the other to the use of the town of Tisbury.
[March 8, 1830.]

An Act to incorporate the Northern Baptist Education Society. Cyfldp, 85.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That Daniel Sharp, Lucius Bolles, Ebenezer Persons incor-
Nelson, James D. Knowles, Bela .Jacobs, Cyrus P. Grosvenor, P°''3'^^-
Howard Malcom, Henry Jackson, and John B. Jones, together
with such others as are or may hereafter be associated with them,
are hereby formed into and constituted a body politic and corpo-
rate, by the name of the Northern Baptist Education Society ;
and they and their successors shall be and continue a body poli-
tic and corporate by that name forever.

Sect. 2. Be it further enacted, That the said society may General powers,
have a common seal ; by the name aforesaid may sue and be
sued ; and may choose such offices and make such by-laws, not
repugnant to the constitution and laws of this Commonwealth,
as may be necessary for the promotion of the objects of the so-
ciety.

Sect. 3. Beit further enacted, That the said society shall Grams and do-
be, and they are hereby made capable in law, of receiving any
grants or devises of lands or tenements, in fee simple, or for a
less estate, and also any donations or bequests of money, or oth-
er personal estate, which may have been made, or which may
hereafter be made, by any person or persons whatever, and to
use and improve the same for the purposes, and according to the
directions herein mentioned : provided, that the said society shall, Proviso,
at no time, take, hold or possess, in real and personal estate, a
greater amount than sixty thousand dollars, upon a just valuation.

Sect. 4. Be it further enacted, That all grants, donations. Appropriation
devises and bequests of any real or personal estate to the said °^ '"come,
society, not exceeding in amount the sum of sixty thousand dol-

VOL. VI, 107

850 1829 Chap. 85—87.

lars, shall be used and improved to the best advantage, and the
annual inconne thereof, together with the annual subscriptions and
contributions which shall be made to the said society, shall be
applied, annually, to the assistance of such young men in their
education for the ministry, as the society shall determine to be
fit subjects thereof.

Investment of Sect. 5. Be it further enacted, That the said society,

"" ^' when they shall deem it most for their advantage, may sell and

dispose of, in fee simple or otherwise, all or any of the real es-
tate belonging to them, and invest the same in funds, or may ap-
ply their personal estate to the purchase of real estate, and the
income of said real or personal estate shall be applied to the
objects for which said estate was given.

Deeds,&c.how Sect. C. Be it further enacted, That all deeds, grants,
e execu e . (,Qyg|^af,ts gj^^j agreements, to be made for and in behalf of said
society, shall be executed under the common seal of the same,
and signed by the president and secretary.

Sect. 7. Be it further enacted, That the said Northern
Baptist Education Society shall be taken and deemed to be the
lawful successors of the Executive Committee of the Massachu-

1817 ch. 97. setts Baptist Education Society, incorporated the tenth day of
February, in the year of our Lord one thousand eight hundred
and eighteen ; and shall succeed to all the rights and privileges,
and be subject to all the duties and liabilities, of said Executive
Committee, except so far as the same are varied or altered by
the provisions of this act.

Repeal. Sect. 8. Be it further enacted, That all parts of the said

act, passed on the tenth day of February, in the year of our
Lord one thousand eight hundred and eighteen, be, and the same
hereby are repealed, so far as the same are inconsistent with the
provisions of this act.

Legislative Sect. 9. Be it further enacted, That this act shall be al-

control. tered or repealed at the pleasure of the Legislature. [JMarch

8, 1830.]

Cho/Dt 87» -An Act to establish a Fire Department in the Town of Roxburj-.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
Numberandap- the scimc, That the fire department of the town of Roxbury
membe^'o^/the ^^^^^ hereafter consist of a chief engineer, and as many assistant
fire department, engineers, not exceeding twelve, as the selectmen of said town
shall, annually, on the first Wednesday in April, appoint, who
shall hold their offices for one year from the first day of May
next succeeding ; also, as many engine men, hose men and hook
and ladder men, as the selectmen shall annually, on the first
Wednesday in April, or as soon thereafter as may be, appoint:
provided, that the number of engine men shall not exceed fifty
to every hydraulion or suction engine, thirty to every common
engine, five to every hose carriage, and twenty-five hook and
ladder men.
Vacancies, by- Sect. 2. Be it further enacted, That the selectmen of

laws, &c.

1829. Chap. 87. 831

said town of Roxbury be, and they are hereby authorized and
required to fill any vacancies occurring in said fire department,
to give certificates of appointments to the members thereof, and
to fix and establish, from time to time, the powers and duties of
the officers and members of said fire department, respectively,
in relation to fire engines, and all their fire apparatus, belonging
to, or used in said town, and the care and management thereof,
and to fix and ordain rules and regulations for the conduct of
said officers and members, and of the citizens present at fires,
and to annex penalties for the breach thereof, not exceeding
twenty dollars, which penalties may be sued for in the name of
the treasurer of said town, in any courts proper to try the same :
provided, such rules and regulations shall not be binding and Proviso,
valid until the same shall be published in some newspaper print-
ed in the city of Boston.

Sect. 3. Beit further enacted, That the chief engineer and Powers of engi-

• 1,11, , J .1 • neers.andliabil-

engineers, so apponited, shall have the same powers and authori- hyof the town,
ty relative to pulling down or demolishing any house or other
building to prevent the spreading of fires, and relative to all other
matters and things affecting the extinguishment or prevention of
fires, or the commanding assistance at them, as firewards now by
law have ; and the said town of Roxbury shall be liable to pay all
such reasonable compensation for damage done by, or conse-
quent upon the acts or directions of said chief engineer or engi-
neers, as other towns in this Commonwealth are liable to pay in
like cases for like acts and directions done or given by their fire-
wards ; and all fines and forfeitures arising within said town of
Roxbury, under the laws of this Commonwealth, relative to the
extinction and prevention of, or proceedings at fires, shall be dis-
tributed in such manner, and applied to such uses, as the said
town shall ordain and direct.

Sect. 4. Be it further enacted, That the members of said Exemption from
fire department shall be exempted from all military duty and ser- •"" ^''^ "'y-
vice in the militia, so long as they shall continue members there-
of, and it shall be the duty of every person so exempted to pro-
duce to the commanding officer of the company within whose
bounds he resides, a certificate of his appointment, within twenty
days from and after his appointment, and annually thereafter in
the month of April.

Sect. 5. Be it further enacted, That, from and after the Repeal,
organization of a fire department under this act, and notice there-
of given in one or more newspapers published in the city of
Boston, all laws of this Commonwealth relating to the election
and appointment of firewards, so far as they affect the election
and appointment of firewards in the town of Roxbury, be, and
the same are hereby repealed.

Sect. 6. Be it further enacted, That the provisions of Wiien this act
this act shall take effect, and be in force, as soon as the same shall take effect,
shall be accepted by the citizens of said town, qualified to vote
in town affairs, at a legal meeting held for that purpose, and shall
continue in force until modified or repealed by the Legislature.
[March 9, 1830.]

862

1829.-

■Chap. 89.

Chap, 89.

Persons incor-
porated.

Powers and
duties.
1817 ch. 120.

1819 ch. 141.

Real estate.

Capital stock,
shares, &c.

Stock, &c. to
be under the
mana'gement of
nine directors.

An Act to incorporate the Atlantic Insurance Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority of
the same, That Francis Watts, and his associates, and their suc-
cessors and assigns be, and they hereby are incorporated and
made a body politic, by the name of the Atlantic Insurance
Company, for the purpose of making maritime loans and insur-
ance against maritime losses and losses by fire, in the usual and
customary manner, with all the privileges, and subject to all the
duties and obligations contained in a law entitled "an act to de-
fine the powers, duties and restrictions of insuiance companies,"
passed on the sixteenth day of February, in the year of our
Lord one thousand eight hundred and eighteen, and " an act au-
thorizing the several insurance offices in this Commonwealth to
insure against fire," passed on the twenty-first day of February,
in the year of our Lord one thousand eight hundred and twenty,
for and during the term of twenty years from and after the pass-
ing of this act ; and by the name aforesaid they may sue and be
sued, plead and be impleaded, appear, prosecute, and defend to
final judgment and execution : and they may have a common
seal, which they may alter at pleasure ; and they may purchase,
hold and convey any estate, real or personal, for the use of said
company : provided, that the said real estate shall not exceed
the value of fifty thousand dollars, excepting such as may be ta-
ken for debt, or held as collateral security for money due to said
company.

Sect. 2. Be it further enacted, That the capital stock of
said company shall be two hundred and fifty thousand dollars,
and shall be divided into shares of one hundred dollars each ;
and one hundred and twenty-five thousand dollars shall be paid
in, in money, within sixty days after the first meeting of said
company, and the residue within one year from the time of
passing this act, in such instalments, and under such provisions
and penalties as the president and directors of said company
shall order and appoint ; and the capital stock shall not be trans-
ferred within one year from the passing of this act ; and if the
provisions of this act shall not have been complied with in one
year from the passing of this act, the same shall be void.

Sect. 3. Be it further enacted, That the stock, property
and concerns shall be managed and conducted by nine directors,
one of whom shall be the president of the company ; and they
shall hold their offices till the next annual meeting after their elec-
tion, and until others are chosen in their stead ; and they, at the
time of their election, shall be interested in the stock of the com-
pany, and citizens of this Commonwealth ; and the directors shall
be elected at the annual meeting of the company, which shall be
holden at such time and place, in the city of Boston, in the month
of April annually, as the directors for the time being shall appoint ;
of which meeting public notice shall be given in two of the news-
papers printed in Boston, at least ten days previous to the meet-
ing. The election shall be made by ballot, by a majority of the

1829. Chap. 89. 863

stockholders present, allowing one vote to each share of the Right of voting,
stock : provided, that no stockholder, in his own right, simll be
entitled to more than thirty votes ; and absent stockholders may-
vote by proxy.

Sect. 4. Be it further enacted^ That the directors, as soon Election of pres-
as may be convenient after they shall be chosen, shall meet and ' '^"''
elect one of their body to he the president of the company, and
he shall be sworn or affirmed to the faithful discharge of the duties
of his office ; and he shall preside till the next annual meeting,
and until another president shall be chosen ; and in case of the
death, resignation, or inability to serve, of the president or any
director, such vacancy or vacancies shall be filled, for the re-
mainder of the year in which they happen, by a special election,
at a meeting of the stockholders, to be called for that purpose, in
the same manner as herein provided respecting annual elections
of directors.

Sect. 5. Be it further enacted, That the president and four Board for the
of the directors, or five directors in the absence of the president, bus"ness'°" °^
shall be a board competent to transact all the business which is
referred to them, and all questions before them shall be decided
by a majority of votes ; and they shall have power to make and
alter such by-laws, as to them may appear useful for tlie inanage-
raent and disposition of the property and concerns of the compa-
ny : provided, that the same be not repugnant to the laws and
constitution of the Commonwealth. And said directors may ap-
point all officers and agents that in their opinion the affairs of the
company may require, and prescribe their duties, and fix their
compensation, invest and manage the capital and income of the
company, pay losses, declare and pay dividends, and do all things
which the company might lawfully do, excepting as is otherwise
herein provided.

Sect. 6. Be it further enacted, That the said Francis Watts Firs' meeting,
be, and he hereby is authorized, as soon as shall be convenient
after the passing of this act, to call the first meeting of said com-
pany, for the purpose of organizing the corporation and choosing
directors, by advertising notice of the time and place of the
meeting, in two of the newspapers printed in Boston, at least
two weeks previous to the meeting.

Sect. 7. Be it further enacted, That said company shall not Limitation of
take any risk, or subscribe any policy, till one half of their capital "^'^^^
shall be paid in ; and they shall at no time take any one risk, by
way of a policy of insurance, maritime loan, or bottomry, or
otherwise, to a greater amount than ten per cent, on their capital
actually paid in.

Sect. 8. Be it further enacted. That the Atlantic Insurance Location.
Company shall be located in Boston, and it shall be liable to be
taxed by any general law providing for the taxation of all similar
corporations that are by law liable to be taxed. [March 10, 1830.]

854

1829.-

■Chap. 90.

Chap. 90.

Persons incor-
porated.

Real and per-
sonal estate.

Proprietors of
pews, how
taxed.

1817 ch. 189.

Shares.

Right of voting.

Sale of pews.

First meetins

An Act to incorporate the Proprietors of the First Universalist Meeting-house in
Hingham.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of the
same, Thai Moses L. Humphrey, Heni-y Nye, Marshall Lincoln,
Ensign Barnes, Jr., Jarius Thayer, and others who have associat-
ed, or may hereafter associate with them, and their successors, be,
and they are hereby constituted a body corporate and politic, by
the name of the Proprietors of the First Universalist Meeting-
house in Hingham ; and by that name may sue and be sued,
have a common seal, and ordain and establish such by-laws and
regulations, not repugnant to the constitution and laws of this
Commonwealth ; and choose such officers as the good manage-
ment of said body corporate may at all times require ; and may
purchase, receive by gift or devise, and hold real and personal
estate, the annual rent or income of which shall not exceed the
sum of fifteen hundred dollars.

Sect. 2. Be it further enacted. That the proprietor or pro-
prietors of each pew on the lower floor of said house shall pay to
the treasurer of the corporation the sum of three dollars annually,
and the proprietor or proprietors of each pew in the gallery of
said house shall pay to the said treasurer the sum of one dollar
and fifty cents annually, to be collected in the manner provided
by "an act authorizing the proprietors of churches, meeting-
houses, and other houses of public worship, to regulate and
manage their property and interests therein ;" and the same shall
be appropriated for the support of public worship in said meeting-
house.

Sect. 3. Be it further enacted, That the proprietor of each
pew on the lower floor of said house shall be considered the
owner of one share of the property of said corporation, and
the proprietor of each pew in the gallery of said house shall be
considered the owner of half a share in said property, the certifi-
cates of which shares and half shares, and all transfers of the
same, shall be recorded in the records of the proprietors, in such
manner and form as they shall prescribe by their by-laws ; and
all shares and half shares in said corporation shall be personal
estate ; and every proprietor of a pew in said meeting-house,
whether on the lower floor, or in the gallery, or his agent duly
authorized in writing, shall have a right to vote in all meetings of
said corporation : provided, that no proprietor shall be entitled
to more than two votes ; and in case a pew be owned by two or
more persons, they shall jointly be entitled to one vote.

Sect. 4. Be it further enacted. That, if the amount of the
sales of pews shall exceed the amount paid for the meeting-house,
and lot of land on which it stands, the surplus shall be retained
by the treasurer for the uses of the corporation as aforesaid, or
the support of public worship in said house ; and so long as any
of the pews remain unsold, the rent and income shall be disposed
of in the same manner.

Sect. 5. Be it further enacted^ That Moses L. Humphrey,

1829. Chap. 90—91. 865

Marshall Lincoln and Zadock Hersey, or any two of them, may
call the first meeting of the proprietors, hy posting notice at said
meeting-house, ten days at least before said meeting, specifying
the time, place and purpose of the same ; and said proprietors
may then and there determine the method of calling future meet-
ings.

Sect. 6. Be it further enacted^ That this act shall be sub- Legislative
ject to revision or. -repeal, at the pleasure of the Legislature.
[March 10, 1830.]

All Act to incorporate the Trustees of Warren Academy in Woburn. ChttT). 91.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the authority of
the same, That Samuel Hubbard, Isaac Warren, Warren Fay, Persons incor-
Joseph Bennett, Aaron Warner, Benjamin Wyman and Joseph P°^^^^ •
Gardner, be, and they hereby are incorporated, for the purposes
of educating youth in the liberal arts and sciences, and encourag-
ing manual labor in connexion with study, by the name of the
Trustees of Warren Academy, and they and their successors
shall be and continue a body politic by that name forever.

Sect. 2. Be it further enacted. That all lands, monies, or Trustees may
other property, heretofore given, or subscribed, for the purpose ^^ "^^^ es a e,
of erecting and establishing said academy in the town of Woburn,
in the county of Middlesex, or which shall hereafter be given,
granted or assigned, to the said trustees, shall be confirmed to the
said trustees and their successors in that trust forever, for the uses
which in such instruments shall be expressed ; and the said trus-
tees shall be capable of having, holding and taking, in fee simple,
by gift, grant, devise or otherwise, any lands, tenements or other
estate, real or personal : provided, the annual income of the same Proviso,
shall not exceed the sum of five thousand dollars ; and they shall
apply the interest, rents and profits thereof, so as most effectually
to promote the design of the institution.

Sect. 3. Be it further enacted, That the number of trus- Numberoftrus-
tees of said academy shall not be more than eleven, nor less than ^^^' ^^ '^^^'
five, and said trustees for the time being shall be the visitors and
governors of said institution, and shall have full powers, from time
to time, to elect such officers thereof as they shall judge neces-
sary, and fix the tenure of their respective offices, to require their
treasurer to give bonds to their acceptance, to elect trustees, and
to remove from office any trustee, when he shall be disqualified
by age or otherwise, to discharge the duties of his office ; and
they may have a common seal, which they may alter or renew at
their pleasure ; may make contracts, sue and be sued in all ac-
tions, and prosecute and defend the same to final judgment and
execution, and may make and establish any by-laws, rules and
regulations for the government of their affairs, and of the institu-
tion : provided, the same be not repugnant to the constitution and
laws of the Commonwealth.

Sect. 4. Be it further enacted, That any one of the three First meeting.
persons named in this act be, and is hereby authorized and em-

856

1829.-

•Chap. 91—92.

Leffislalive con-
trol.

Chap. 92.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Proviso.

Real and per-
sonal estate.

Name of com-
pany to be af-
fixed to car-
riages.

Company re-
sponsible for
bagEraTC.

Legislative con
trol.

powered to fix the time and place for holding the first meeting of
the trustees, and to give them notice thereof.

Sect. 5. Be it further enacted^ That this act may be alter-
ed or repealed by the Legislature at any time hereafter. [March
10, 1830.]

An Act to incorporate the Northern Stage Company'.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Hiram Plummer, Warner Whittier, Charles
While, Thomas Nevvcomb, Leonard White, Bailey Bartlett,
Nathaniel Hills, John Dow, James H. Duncan, Benjamin Wil-
lis, Solomon Wilds, and John Woodman, with such others, as
may associate with them, their successors and assigns, be, and
they hereby are made a corporation, by the name of the North-
ern Stage Company, for the purpose of conveying passengers
from the city of Boston, north and east to New Hampshire, and
from New Hampshire to the city of Boston, with liberty to con-
vey passengers to and from all i)laces upon the aforesaid routes ;
and, for that purpose, shall have all the powers and privileges,
and shall be subject to all the duties, restrictions and liabilities,
prescribed and contained in an act, entitled "an act defining the
general powers and duties of manufacturing corporations," pass-
ed on the third day of March, in the year of our Lord one thou-
sand eiglit hundred and nine, and the several acts in addition
thereto, passed previously to the present session of the general
court : provided, however, that said company shall not ask, or
demand, for the conveyance of any passenger, with usual bag-
gage, any greater sum than five cents per mile, under a penalty
of twenty dollars, to be recovered by any person aggrieved there-
by, in any court proper to try the same.

Sect. 2. Be it further enacted. That said company may
lawfully hold and possess such real estate, not exceeding the
value of twenty thousand dollars, and personal estate not exceed-
ing the value of fifty thousand dollars, as may be necessary for
the purposes aforesaid.

Sect. 3. Be it further enacted, That the name of said
company shall be conspicuously affixed to all carriages which
may be used by them ; and, if said company shall neglect to
comply with this requirement, they shall be liable to forfeit and
pay ten dollars for each and every day during which any of their
said carriages may be employed in the transportation of passen-
gers without having their said name so affixed thereto, which
forfeiture may be sued for and recovered in any court of compe-
tent jurisdiction, by the person who shall first sue for the same,
to his own use. And said company shall be responsible for all
baggage or other property conmiitted to them, their agents or
drivers, to be conveyed on any of said routes or any part thereof.

Sect. 4. Be it further enacted, That this act may be amend-
ed or repealed at the pleasure of the Legislature. [JMarch 10,
1830.]

1829. Chap. 93. 857

All Act to incorporate the Franklin Rail-road Company. ChCLT)- 93.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled^ and by the authority of
the same^ That Francis J. Oliver, William Goddard, Thomas Persons incor
B. Wales, Pliny Cutler, Joseph H. Dorr, Henry J. Oliver, P°'^'"^-
Andrew J. Allen, William Parker, Nathaniel Hammond, their
associates and successors, be, and they are hereby constituted
and made a body politic, and shall be and remain a corporation,
under the name of the Franklin Rail-road Company ; and, by
that name, may sue and prosecute, and be sued and prosecuted
to final judgment and execution, and may have a common seal,
and the same may break, alter and renew at pleasure, and shall
be, and hereby are, invested with all the powers and privileges
V'hich by law are incident to corporations of a similar nature, and
which are necessary to carry into effect the objects of the asso-
ciation.

Sect. 2. Be it further enacted. That the said corporation Location,
may, and hereby are authorized to locate, construct, and fully
complete a rail-road, with one, two, or more sets of tracks, as
said corporation may find most expedient, commencing at or
near the city of Boston, and running thence in a westerly or
northwestly direction, on the most eligible route, through the
counties of Middlesex, Worcester and Franklin, in such place
or places as may be deemed most convenient for said company,
to the boundary line of the state of New Hampshire or of Ver-
mont ; and for this purpose the said corporation are authorized
to locate the road four rods wide, through the whole length ; and
for the purpose of cuttings, embankments, and for procuring .
stone and gravel, may take as much more land as may be
necessary for the construction and security of said road : pro-
vided, however, that all damages which may be occasioned to
any person or corporation by the taking of such land or mate-
rials for the purposes aforesaid, shall be paid for by said corpo-
ration in the manner herein after provided.

Sect. 3. Be it further enacted, That the said corpora- Subscriptions,
tlon shall be, and hereby are authorized to raise sufficient funds ganization of
for the accomplishment of the objects aforesaid, and for that the corporation,
purpose, they may, as soon as they shall see fit after the passing
of this act, open books at some suitable place or places, where-
in subscriptions may be entered for shares in the capital stock of
said corporation, each share to be of the amount of one hundred
dollars, and each person so subscribing to be a member of said
corporation for all purposes. And as soon as five thousand
shares have been subscribed, said corporation may be organized
in manner following, to wit : the persons before named, or any
five of them, may make application to any justice of the peace
for the county of Suffolk, requesting him to call a meeting of the
proprietors, to be holden at some convenient place within the
city of Boston, whereupon such justice may issue his warrant to
any one of said members, directing him to notify the subscrib-
ers to meet at such convenient time and place, in the county

VOL. VI. 108

858

1829.-

■Chap. 93.

aforesaid, as he may therein appoint, to do and transact all such
matters and things as may be expressed in said warrant ; and
the member to whom such warrant shall be directed, shall give
notice to the other members, by causing said warrant to be pub-
lished in one or more of the newspapers printed in each of the
counties of Suffolk, Worcester, Middlesex and Franklin ; and
the proprietors, at the same meeting or at a subsequent one,
shall choose nine directors for regulating the affairs of said cor-
Right of voting, poration ; and every member shall have a right, at said meeting,
and at all other meetings, by himself or proxy, duly authorized
in writing, to vote in the following ratio, one share, one vote,
and every two additional shares one vote : provided, no stock-
holder shall be entitled to more than ten votes. And the said
directors are hereby authorized to choose one of their number
as president, to preside at all meetings ; also to appoint a clerk,
who shall be sworn to the faithful discharge of his duty, and a
treasurer, who shall give bonds to the corporation, with at least
two sureties, to the satisfaction of the directors, in a sum not
less than twenty thousand dollars, for the faithful discharge of his
trust. They shall also have power to appoint all such engineers
and agents as ihey may deem necessary in the progress of the
work, and allow them such compensation for their services as
they shall think just and reasonable, and make all necessary con-
tracts for the construction of said rail-road. And the president
and directors for the time being are authorized to purchase and
hold, in the name of the corporation, land, materials and other
necessary things, for the construction and use of said rail-road.

Sect. 4. Be it further enacted, That the said books of
subscription shall remain open as long as said corporation shall
see fit ; but no assessment shall ever be made so as to make any
subscriber liable to pay more than one hundred dollars for a
share. If, after the closing of said books, or at any time, it
shall appear that sufficient funds have not been raised, the corpo-
ration, or its officers duly authorized, may, at any time, and
from time to time, raise necessary funds, by creating or selling
new shares upon the best terms that can be obtained.

Sect. 5. Be it further enacted. That if any subscriber
shall neglect to pay his or her subscription, or any portion there-
of, for the space of thirty days after he is required so to do, by
a vote of the corporation, the directors may order the treasurer
to make sale of such share or shares at public auction, giving
due notice thereof, to the highest bidder, and the same shall be
transferred by the treasurer in manner herein after provided, to
the purchaser, and such delinquent subscriber shall be held ac-
countable for the balance, if his share shall be sold for less than
the nominal value, together with interest thereon, and the ex-
penses of such sale ; and shall be entitled to the overplus, if
his share or shares shall sell for more than the assessments due
thereon, with interest and expenses. The manner of giving no-
tice and of transferring shares shall be provided for in the by-
laws of the corporation.

Amount of
shares, &c.

Forfeiture and
sale of delin-
quents' shares.

1829. Chap. 93. 859

Sect. 6. Be it further enacted, That, whenever said cor- Corporation

, ,, , ,'' 1 • 1 •! 1 1 r shall make re-

poration shall have located said rail-road, or any part thereof, port of location

they may make a report thereof to any meetine of the county i" county com-

•'.•'. ,r ,,, -I- ir I missioners.

commissioners, then to be holden, witnin and tor the county

within which said location may be made, or to any adjourned
term thereof, wherein they shall p^articularly describe the lo-
cation they have made, its width, and the stone and gravel in-
tended to be used, or taken for said road, and the names of the
owners of the land, stone and gravel, so far as the same can be
ascertained, which said report, so made, shall be placed on the
files of said commissioners, and notice be given to the said
owners, in such manner as the said commissioners shall direct,
at the expense of said corporation. And the said commission- Committee to
ers shall thereupon appoint three discreet and disinterested free- estmiate dam-
holders of the said county, as a committee to estimate all dam-
ages, which any person or corporation, whose lands, stone and
gravel are described and mentioned in such report, shall sustain
by the construction of such rail-road, and the taking of such
stone and gravel. And the said committee, before they proceed
to execute their duties, shall be sworn to a faithful and impartial
discharge thereof, and shall give public and seasonable notice in
such manner as said commissioners shall direct, to all persons
interested, to file their claims, if any they have, which have not
been released to said corporation, with some one of said com-
mittee, or with the clerk of the commissioners for the said coun-
ty, within thirty days from the date of said notice. At the end
of the term allowed for filing such claim for damages, the com-
mittee, or a majority of them, having previously given notice to
all parties interested, of the time and of the extent of the route
to be examined, by publishing an advertisement thereof, three
weeks successively, in one or more of the newspapers printed
in said county, shall pass over the premises, so intended to be
used by said corporation, for the purposes aforesaid ; and after
hearing the parties in interest, shall, according to their best skill
and judgment, estimate all such damages, as they shall think any
person or persons, corporation or corporations, shall sustain, by
the construction of said rail-road, or the use of any materials
taken, over and above the benefits and advantages which the said
committee shall judge may accrue to such person or persons,
corporation or corporations, from the construction of said rail-
road. And the said committee, or a major part of them, shall
make return of their doings, as soon as may be, after the same
have been completed, to the said county commissioners, to the
end that the same may be allowed, accepted and recorded ; and
the said commissioners shall thereupon order the said report, or
the substance thereof, to be forthwith published, in one or more
of the newspapers printed in said county, three weeks succes-
sively, at the expense of the corporation ; and if the said corpo- Party dissatis-
ration, or any person or persons interested, shall be dissatisfied fied may have
with the estimate of said committee, then application may be ^ "^ yj^^y-
made, by such dissatisfied party, at the next meeting of said

860

1829.-

-Chap. 93.

Payment of
damages.

Damages, how
estimated, in
case of altera-
tions.

county commissioners, after the return and acceptance of such
report, and after its publication as aforesaid, for a jury to hear
and finally determine upon the amount of damages, to be assess-
ed in the case complained of, which said jury shall be summon-
ed by the sheriff, under the direction of the commissioners, in
manner prescribed by law, in case of complaints for damages
occasioned by the laying out of highways ; and they shall be un-
der oath, according to the provisions of law in such cases, and
the verdict of said jury shall be returned to the next term of the
court of common pleas, within said county ; and if the party in-
jured in his, her, or their estate, apply for such jury, and fail to
obtain increased damages, such party shall be liable for all legal
costs arising after the entering of such application for a jury,
otherwise shall recover reasonable costs ; and said court shall
enter judgment, and issue execution accordingly ; and if said
corporation apply for a jury, and fail to obtain a diminution of
damages, it shall in like manner be liable for costs ; and said court
may enter judgment, and issue execution for such costs. And the
said corporation, having entered upon the land of any person or
persons, and commenced the process of excavation or embank-
ment, for the purpose of constructing said rail-road, or any part
thereof, shall, within ninety days after the damages, if any, have
been ascertained, in manner aforesaid, pay the same or cause the
same to be paid, to the person or persons entitled to receive
the same. In the neglect of such payment, such person or
persons on whose land such operations are so commenced, may
have an action of debt against said corporation, in any court
proper to try the same, to recover such damages, and the exe-
cution for the damages assessed as aforesaid, or for costs, shall
be in common form, and may be levied upon the goods, estate
or lands of the corporation ; and the report of said committee,
when accepted and recorded, and not appealed from, in manner
aforesaid, or the verdict of a jury being returned, accepted and
recorded, shall forever be a bar to any other action, commenced
for damages against said corporation, on accoimt of the injury
for which such damages were awarded.

Sect. 7. Be it further enacted, That if, after said rail-road
shall be located, or any part thereof, and a report of a committee
be made thereon in manner aforesaid, any alteration shall be
made in the course thereof, the damages may be estimated in
the same way, and the same proceedings had in manner provided
in this act : provided, however, that in all cases it shall be com-
petent for said corporation, and any person or persons, corpora-
tion or corporations, injured by the location of said road, or the
taking of the materials aforesaid, to submit the question of dam-
age to such referees as they may agree upon, whose award,
when returned to the said court of common pleas, and accepted,
shall be final, and said court may enter judgment accordingly ;
and said committee or referees, in all cases, shall be allowed
three dollars per day for their services, and one dollar for every

1829. Chap. 93. 861

ten miles actually travelled by them in the discharge of the du-
ties of their appointment.

Sect. 8. Be it further enacted, That when the land, or Land of infants,
other property or estate, belonging to any infant, married woman &c., how taken,
or person non compos mentis, shall be taken and appropriated
for the use and purposes of said rail-road as aforesaid, the hus-
band of said married woman, and the guardian of such infant or
person 7ion compos mentis, respectively, may execute a release
of all damages in relation to such lands or other estate so taken
and appropriated as aforesaid, as they might do if the same were
by them holden in their own right respectively.

Sect. 9. Be it further enacted, That if the said rail-road, Rail-road, how
in the course thereof, cross any private way, the said corpora- ease'iTcross'a
tion shall so construct said rail-road as not to obstruct the safe public or private
and convenient use of such private way ; and if said rail-road ^^-y*
shall not be so constructed, the party aggrieved shall be entitled
to his action on the case, in any court proper to try the same,
and shall recover his reasonable damages for such injury ; and if
the said rail-road shall, in the course thereof, cross any turnpike
or other highway, the said rail-road shall be so constructed as not
to impede or obstruct the safe and convenient use of such turn-
pike or highway. And the said corporation shall have power to
raise or lower such turnpike or highway, so that said rail-road, if
necessary, may conveniently pass under or over the same. And
if said corporation shall raise or lower any such turnpike or high-
way, pursuant thereto, and shall not so raise or lower the same
as to be satisfactory to the proprietors of such turnpike, or to
the selectmen of the town in which such highway may be situ-
ate, as the case may be, said proprietors or selectmen may re-
quire in writing of said corporation, such alteration or amend-
ment as they may think necessary. And if the required
amendment or alteration be reasonable and proper, and the said
corporation shall unnecessarily and unreasonably neglect to make
the same, such proprietors or selectmen, as the case may be,
may proceed to make such alteration or amendment, and may
institute and prosecute to final judgment and execution, in any
court proper to try the same, any action of the case against said
corporation, and shall therein recover a reasonable indemnity in
damages, for all charges, disbursements, labor and services occa-
sioned by making such alteration or amendment, with costs of
suit.

Sect. 10. Be it further enacted, That a toll be, and hereby Rates of toll,
is granted and established, for the sole benefit of said corpora-
tion forever, according to the rates following, viz : For every
ton, computing by weight or admeasurement, not exceeding
three cents, and for every passenger passing and repassing, not
exceeding two cents per mile, that shall be conveyed upon said
rail-road, exclusive of the expense of transportation, payable at such
time, and in such manner, as may be described in the by-laws :

provided, however, that, if at any time after the expiration of four years from the com- [Repealed,
pletion of said road, the net income shall have amounted to more than ten per cent, jggg (.j,_ j7_j

862

1829.-

■Chap. 93.

By-laws, &c.

Penalties for
malicious in-
juries.

per annum, from the date of the completion aforesaid, upon the actual cost of said
road, the Legislature may take measures to alter and reduce the rate of tolls and in-
come, in such manner as to take off the overplus for the next four years, calculating
the amount of transportation and income to be the same as the four preceding years ;
and at the expiration of every four years thereafter the same proceeding may be had.

And it shall be the duty of the treasurer of said corporation to
file, in the month of January, in each year, in the office of the
secretary of this Commonwealth, a detailed statement of all ex-
penditures and receipts on account of said road, which statement
shall be authenticated by the oath of the treasurer.

Sect. 11. Be it further enacted, That the said corporation
shall have power, from time to time, to make and ordain stich
by-laws, rules and regulations as may be necessary, touching the
premises, especially to fix and determine the size and form of the
carriages, and cars or vehicles, the weight of loads, and also to
adopt all other regulations which they may deem necessary or
useful for conveyance and transportation upon said rail-road :
•provided^ that the same be not repugnant to the constitution and
laws of this Commonwealth ; and the penalties provided by said
rules, by-laws and regulations, may be sued for and recovered by
the treasurer of said corporation, or by any other person by them
authorized, to their use and benefit, by an action of the case, be-
fore any justice of the peace, or any court proper to try the same,
which penalty shall in no case exceed the sum of ten dollars for
each offence ; and said corporation shall cause all such by-laws,
to the breach of which penalties are affixed, to be printed, and a
copy thereof to be placed in some conspicuous place at each toll-
house ; and if any person or persons shall wantonly or maliciously
mar, deface, or pull down any copy so set up, the said corpora-
tion may sue for and recover, to their own use, in manner afore-
said, a sum not exceeding five dollars, of any person or persons
guilty of committing such injury or damage. And all the by-
laws, votes and proceedings of said corporation shall be truly
recorded by their clerk, in books kept for that purpose, which
books shall at all times be subject to the inspection of the gov-
ernor and council, or of a committee appointed for that purpose
by the Legislature : and provided, further^ that all persons and
corporations shall have a right to convey passengers and property
on said rail-road, under the rules and regulations, and at the rate
of toll, thus adopted by said rail-road corporation.

Sect. 12. Be it further enacted. That if any person or per-
sons shall wilfully, maliciously or wantonly, and contrary to law,
obstruct the passing or repassing of any carriage on the said road,
or in any way injure, spoil or destroy said rail-road, or any part
thereof, or any thing belonging thereto, or any material to be used
in the construction thereof, he, she or they, or any person or
persons assisting, aiding or abetting in such trespass, shall forfeit
and pay to said corporation, for every such offence, treble such
damage as shall be proved before any justice, court or jury, be-
fore whom the trial shall be had ; to be sued for and recovered,
in an action on the case, before any justice, or in any court prop-
er to try the same, by the treasurer of said corporation, or other

I

1829. Chap. 93. 863

officer whom they may direct, to the use of said corporation ;
and such offender or offenders shall he liahle to indictment, by
the grand inquest for the county within which said trespass shall
have been committed, for any offence or offences contrary to the
above provisions ; and, on conviction thereof, either in the su-
preme judicial court, or any court of common pleas, to be holden
in said county, shall pay a fine, not exceeding one hundred dol-
lars, nor less than thirty, to the use of the Commonwealth, or
may be imprisoned for a term not exceeding one year, at the dis-
cretion of the court before whom the conviction may be had.

Sect. 13. Be it further enacted, That the Commonwealth Commonwcaiih
shall have the right to subscribe to such portion of the stock in [^^tlie stock.
said corporation as the Legislature may deem expedient, upon
the same terms and conditions as other stockholders, excepting
that the payments therefor may be made by issuing treasury cer-
tificates, bearing an interest of four per cent., the principal paya-
ble in thirty years, or in such shorter term as the Legislature
may determine, with the privilege to elect on their part, if they
see fit, a proportionate number of directors, according to the sum
so subscribed by them ; and in case the Commonwealth shall
subscribe for any portion of the stock in the said corporation, the
shares so subscribed shall not be alienated during the continuance
of this act.

Sect. 14. Be it further enacted, That the right is hereby Commonwealth
reserved to the Commonwealth, at any time after ten years from J^^i^joad^ ^*^
the completion of said road, of purchasing the interest of the
stockholders therein, upon paying them the full amount of the
cost thereof, together with such further sum as shall, with the
profits they may have received from the road, amount to ten per
cent, interest annually upon such cost.

Sect. 15. Be it further enacted, That the instalments for instalments,
the stock shall be paid in the following manner, viz : two dollars °^ ^° ^ P^' *
on each share at the time of subscribing ; the next instalment of
eight dollars upon each share, payable at any time after thirty
days from the day the books are opened ; the other payments to
be made by instalments, not exceeding ten dollars, within any
period of sixty days, at such times as the directors may deter-
mine ; and when any instalment is called for, notice of the same
shall be given in one or more of the newspapers published in the
city of Boston, and in one paper at least in each of the counties
of Middlesex, Worcester and Franklin, signed by the treasurer
of the corporation.

Sect. 16. Beit further enacted. That if five thousand shares Conditions of
shall not have been subscribed, and the corporation organized, ''^'^ ^'^'"
and location of one third part at least of the route filed in manner
before provided, previous to the first day of January, one thou-
sand eight hundred and thirty-one ; or, if the shares have been
so subscribed, the company organized, and location made as
aforesaid, the said corporation shall fail to complete the said rail-
road before the first day of January, one thousand eight hundred

864

1829.-

■Chap. 93—94.

Chap. 94.

Persons incor-
porated.

Route of rail
road.

Amount of cap-
ital slock, and
officers of the
corporation.

and thirty-five, in either of the before mentioned cases this act
shall be null and void. [March 10, 1830.] Add. act, 1830
ch. 17 : 1832 ch. 79.

An Act to establish the Massachusetts Rail-road Corporation.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives^ in General Court assembled, and by the authority of
the same, That Harrison G. Otis, Joseph Coolidge, Israel
Thorndike, William Prescott, Francis J. Oliver and Phinehas
Upham, their associates, successors and assigns, be, and they
hereby are made a body politic and corporate, under the name
of the "Massachusetts Rail-road Corporation," and by that name
may be, and hereby are made capable in law, to sue and to be
sued to final judgment and execution, plead and be impleaded,
defend and be defended, in any courts of record, or in any other
place whatever ; to make, have and use a common seal, and the
same to break, renew or alter at pleasure ; and shall be, and here-
by are, vested with all the powers, privileges and immunities,
which are or may be necessary to carry into effect the purposes
and objects of this act, as herein after set forth. And the said
corporation are hereby authorized and empowered to locate, con-
struct and finally complete a rail-road, commencing at or near the
city of Boston, and thence to the westerly line of the Common-
wealth, at such point as shall be found most expedient, with a
view to its final termination at the Hudson river, at some place
near Albany or Troy, in the state of New York, in such manner
and form as they shall deem most expedient. And for this pur-
pose the said corporation are authorized to lay out their road, at
least four rods wide, through the whole length ; and for the pur-
pose of cutting, embankments, stone and gravel, may take as
much more land as shall be necessary for the proper construction
and security of said road. Provided, however, that all damages
that may be occasioned to any person or corporation, by the tak-
ing of such land or materials for the purposes aforesaid, shall be
paid for by said corporation in manner herein after provided.

Sect. 2. Be it further enacted. That the capital stock of
said corporation shall consist of thirty-five thousand shares of
one hundred dollars each. And the immediate government and
direction of the affairs of said corporation shall be vested in
twelve directors, who shall be chosen by the members of the
corporation, in the manner herein after provided, who shall hold
their offices for one year, and until others shall be duly elected
and qualified to take their places as directors ; and the said di-
rectors, a majority of whom shall form a quorum for the trans-
action of business, shall elect one of their number to be president
of the board, who shall also be president of the corporation, and
shall have authority to choose a clerk, who shall be sworn to the
faithful discharge of his duty, and a treasurer, who shall give
bond to the corporation, with sureties, to the satisfaction of the
directors, in a sum not less than twenty thousand dollars, for the
faithful discharge of his trust.

1829. Chap. 94. 865

Sect. 3. Be it further enacted, That the president and Powers granted
directors, for the time being, are hereby authorized and empow- a*nddirec^ors?"
ered, by themselves or their agents, to exercise all the powers
herein granted to the corporation, for the purpose of locating,
constructing and completing said rail-road, and all such other
powers and authority for the management of the affairs of said
corporation, not heretofore granted, as may be necessary and
proper to carry into effect the objects of this grant ; to purchase
and hold lands, materials, and other necessary things, in the name
of the corporation, for the use of the road ; to make such equal
assessments, from time to time, on all the shares in said corpo-
ration, as they may deem expedient and necessary in the progress
and execution of the work, and direct the same to be paid to the
treasurer of the corporation ; and the treasurer shall give notice
of all such assessments. And in case any subscriber shall neg-
lect to pay his assessments for the space of thirty days after due
notice by the treasurer of said corporation, the directors may
order the treasurer to sell such share or shares at public auction,
after giving due notice thereof, to the highest bidder, and the
same shall be transferred to the purchaser. And such delin-
quent subscriber shall be held to pay to the corporation any bal-
ance, if his share or shares shall sell for less than the assessments
due thereon, Vv'ith the interest and costs of sale, and shall be en-
titled to the overplus, if his share or shares shall sell for more
than the assessments due, with interest and the costs of sale :
provided, hoioever, that no assessments shall be laid upon any one Proviso,
share in said corporation of a greater amount in the whole than
one hundred dollars.

Sect. 4. He it further enacted, That the said corporation By-laws,
shall have power to make, ordain and establish all such by-laws,
rules, regulations and ordinances, as they shall deem expedient
and necessary, to accomplish the designs and purposes, and to
carry into effect the provisions of this act, and for the well or-
dering, regulating and securing the interests and affairs of the
corporation : provided ^ the same be not repugnant to the consti- Proviso,
tution and laws of the Commonwealth.

Sect. 5. Be it further enacted, That a toll be and hereby Toils,
is granted and established, for the sole benefit of said corporation,
upon all passengers and property of all descriptions, which may
be conveyed or transported upon said road, at such rates per
mile as may be agreed upon and established, from time to time,
by the directors of said corporation. The transportation of per-
sons and property, the construction of wheels, the form of cars
and carriages, the weight of loads, and all other matters and
things, in relation to the use of said road, shall be in conformity
to such rules, regulations and provisions, as the directors shall,
from time to time, prescribe and direct ; and said road may be
used by any persons who shall comply with such rules and regu-
lations : provided, however, that if, at the expiration of four years Proviso,
from and after the opening of said rail-road for use, the net in-

VOL. VI. 109

866 1829. Chap. 94.

come or receipts from tolls, and other profits, shall have amount-
ed to more than ten per cent, per annum upon the whole cost of
the road, from the time of the disbursements, the Legislature
may take measures to alter and reduce the rate of tolls, and other
profits, in such manner as to take off the overplus for the next
four years, calculating the amount of transportation upon the road
to be the same as the four preceding years ; and at the expiration
of every four years thereafter, the same proceedings may be had :
Commonwealth provided^ hoxvever, that it shall be in the power of the govern-
raU^road ^^^ ment, at any time after ten years from the completion and open-
ing said rail-road from Boston to the Hudson river, to purchase
of the said corporation, the said rail-road, and all the franchise,
property, rights and privileges thereof, on paying therefor the
amount expended in making the same, and all other expenses re-
lating thereto, together with interest thereon from the time of
the disbursements, at the rate of ten per cent, per annum, de-
ducting all the income received by said corporation, until such
purchase shall have been made.
Toll-houses Sect. 6. Be it further enacted, That the directors of said

gates, &,c. corporation for the time being are hereby authorized to erect
toll-houses, establish gates, appoint toll-gatherers, and demand
toll upon the road, when completed, and upon such parts thereof
from time to time as shall be completed, and they shall, from
year to year, make a report to the Legislature of their acts and
doings, under the provisions of this act. They are also hereby
authorized to purchase and hold such lands, in the name of the
corporation, as may be necessary for the use of the said road.
Liability of the Sect. 7. Be it further enacted^ That the said corporation
corporation for ghall be holden to pay all damages that may arise to any person
'"^^*" or persons, corporation or corporations, by taking their land,

stone or gravel, for the use of said rail-road, when the same can-
not be obtained by voluntary agreement, to be estimated and
recovered in the manner provided by law, for the recovery of
damages happening by the laying out of highways.
Land of infants, Sect. 8. Be it further enacted, That when the lands or
&c., how taken. Qt^g,. property or estate of any married woman, infant, or person
non compos mentis, shall be necessary for the construction of said
rail-road, the husband of such married woman, and the guardian
of such infant or person non compos mentis, may release all dam-
ages in relation to the land or estates, to be taken and appropri-
ated as aforesaid, as fully as they might do, if the same were
holden by them, in their own right respectively.
Penalty for ma- Sect. 9. Be it further enacted. That if any person shall
hcious injuries, vvilfully, maliciously, or wantonly, and contrary to law, obstruct
the passage of any carriage on said rail-road, or in any way spoil,
injure or destroy said rail-road, or any part thereof, or any thing
belonging thereto, or any materials or implements to be em-
ployed in the construction or for the use of said road ; he, she
or they, or any person or persons assisting, aiding or abetting in
such trespass, shall forfeit and pay to said corporation, for every
such offence, treble such damages as shall be proved before the

1829. Chap. 94. 867

justice, court or jury, before whom the trial shall be had ; to be
sued for and recovered before any justice, or in any court proper
to try the same, by the treasurer of the corporation, or other officer
whom they may direct, to the use of said corporation. And
such offender or offenders shall be liable to indicttnent by the
grand inquest, for the county within which such trespass shall
have been committed, for any offence or offences contrary to
the above provisions, and on conviction thereof before any court
of common pleas, to be holden in said county, shall pay a fine,
not exceeding one hundred dollars, and not less than thirty dol-
lars, to the use of the Commonwealth, or may be imprisoned,
for a term not exceeding one year, at the discretion of the court,
before whom the conviction may be had.

Sect. 10. Be it further enacted, That if the said rail-road, Rail-road, how
in the course thereof, shall cross any private way, the corpora- ed^n caseit"*^'"
tion shall so construct said rail-road as not to obstruct the safe cross a public
and convenient use of such private way ; and, if said rail-road »'■ P"vate way.
shall not be so constructed, the party aggrieved shall be entitled
to his action on the case in any court proper to try the same,
and shall recover his reasonable damages for such injury ; and, if
the said rail-road shall, in the course thereof, cross any canal,
turnpike, or other highway, the said rail-road shall be so con-
structed as not to impede or obstruct the safe and convenient
use of such canal, turnpike, or other highway. And the said
corporation shall have power to raise or lower such canal, turn-
pike, or highway, so that the said rail-road, if necessary, may
conveniently pass under or over the same. And if said rail-road
shall not be so constructed as to provide for a safe and conve-
nient use of such turnpike or highway, the proprietors of such
canal or turnpike, or the selectmen of the town or towns in
which said highway may be situated, may institute and prosecute
to final judgment and execution in any court proper to try the
same, any action of the case against said corporation, and shall
therein recover a reasonable indemnity in damages for any injury
which shall have been sustained, with costs of suit.

Sect. 11. Be it further enacted, That the time of holding Time of holding
the annual meeting for the choice of officers shall be fixed and and"^'h"T'°^'
determined in the by-laws of said corporation ; and, at all meet- ing.
ings of the corporation, each stockholder shall be entitled to vote
in person, or by proxy duly authorized in writing, in the follow-
ing ratio, viz : for one share one vote ; for every two additional
shares under ten, one vote ; and for every four additional shares
over ten, one vote : provided, however, that no stockholder shall
be entitled to more than thirty votes. Any two of the persons First meeting,
named in this act are hereby authorized to call the first meeting
of said corporation, by giving notice in two of the newspapers
printed in Boston, and one or more newspapers printed in each
of the counties of Middlesex, Worcester, Hampden, Hampshire,
Franklin and Berkshire, stating the time, place and purposes of
such meeting, at least fourteen days before the time mentioned
in said notice. The first board of directors shall hold their offi-

868

1829..

-Chap. 94—95.

Conditions of
this act.

Chap* 95.

Persons incor-
porated.

Route of rail-
road.

Capital stock,
shares and di-
rectors.

ces until the first annual meeting, to be provided for in the by-
laws as aforesaid, and until others are elected and qualified to fill
their places.

Sect. 12. Be it further enacted^ That, if five thousand
shares of the stock shall not have been subscribed, the company-
organized, and the location of one third part, at least, of the
route hereby authorized to be made, filed with the county com-
missioners of the county or counties in which the land proposed
to be taken therefor is situate, on or before the first day of Janu-
ary, in the year of our Lord one thousand eight hundred and
thirty-one ; or, if the said stock shall have been subscribed, the
company organized, and the location filed as aforesaid, the said
corporation shall fail to complete their said rail-road before the
first day of January one thousand eight hundred and thirty-five,
in either of the before mentioned cases, this act shall be void,
and of no effect. [March 12, 1830.]

An Act to establish the Boston, Providence and Taunton Rail-road Corporation.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled, and by the authority
of the same,, That Frederic Tudor, Richard D. Tucker, John
S. Boies, Thomas B. Wales, Leonard Foster and William
Foster, their associates, successors and assigns, be, and they
hereby are made a corporation, by the name of the Boston,
Providence and Taunton Rail-road Company; and they shall be
capable in law to sue and be sued to final judgment and execu-
tion, plead and be impleaded, defend and be defended, in any
court of record, or in any other place whatever ; to make, have
and use a common seal, and the same to break, renew or alter
at pleasure ; and shall be, and are hereby vested with the pow-
ers, privileges and immunities which are or may be necessary to
carry into effect the purposes and objects of this act, as herein
after set forth. And said corporation is hereby authorized and
empowered to locate, construct, and finally complete a rail-road,
commencing at or near the city of Boston, and thence to the
navigable waters of Pawtucket river in Seekonk, or to the line
of the state of Rhode Island in Pawtucket, and also from some
convenient part of said rail-road to tlie town of Taunton, and
thence to that part of Taunton river at which the waters thereof
are permanently navigable, in such manner and form as they shall
deem most expedient ; and for this purpose the said corporation
are authorized to lay out their road at least four rods wide
through the whole length ; and for the purpose of cuttings, em-
bankments, stone and gravel, may take as much more land as
shall be necessary for the proper construction and security of
said road : provided^ hoxoever, that all damages that may be oc-
casioned to any person or corporation by the taking of such land
or materials for the purposes aforesaid, shall be paid for by said
corporation in the manner herein after provided.

Sect. 2. Be it further enacted,) That the capital stock of
said corporation shall consist of five thousand shares of one hun-

1829. Chap. 95. 869

dred dollars each ; for which purpose books shall be opened in
the city of Boston, after fourteen days notice thereof, and shall
admit all subscribers to said stock who may wish to become
stockholders. Said books shall be kept open at least four days ;
and in case more than five thousand shares shall be subscribed
for, the overplus may be stricken off by said directors on a grad-
uated proportion from the subscribers of ten shares and upwards ;
and the immediate government and direction of the affairs of said
corporation shall be vested in five directors, who shall be chosen
by the members of the corporation in the manner hereafter pro-
vided, who shall hold their offices for one year, and until others
shall be duly elected and qualified to take their place as direct-
ors ; and the said directors, a majority of whom shall form a
quorum for the transaction of business, shall elect one of their
own number to be president of the board, who shall also be
president of the corporation, and shall have authority to choose
a clerk, who shall be sworn to the faithful discharge of his duty ;
and a treasurer, who shall give bonds to the corporation, with
sureties to the satisfaction of the directors, in a sum not less than
twenty thousand dollars, for the faithful discharge of his trust.

Sect. 3. Be it further enacted, That the president and Powers of pres-
directors for the time being are hereby authorized and empower- J^^"' ^"'^ ^"'^*^'
ed, by themselves or their agents, to exercise all the powers
herein granted to the corporation, for the purpose of locating,
constructing and completing said rail-road ; and all such other
powers and authority for the management of the affairs of the
corporation, not heretofore granted, as may be necessary and
proper to carry into effect the objects of this grant ; to purchase
and hold land, materials and other necessary things, in the name
of the corporation, for the use of said road ; to make such equal
assessments, from time to time, on all the shares in said corpo-
ration, as they may deem expedient and necessary in the progress
and execution of the work, and direct the same to be paid to
the treasurer of the corporation ; and the treasurer shall give no-
tice of all such assessments. And in case any subscriber shall
neglect to pay his assessment for the space of thirty days after
due notice by the treasurer of said corporation, the directors
may order the treasurer to sell such share or shares at public
auction, after giving due notice thereof, to the highest bidder,
and the same shall be transferred to the purchaser. And such Accountability
delinquent subscriber shall be held accountable to the corpora- °^ delinquents.
tion for the balance, if his share or shares shall sell for less than
the assessments due thereon, with the interest and cost of sale,
and shall be entitled to the overplus, if his share or shares shall
sell for more than the assessments due, with interest and the cost
of sale : provided, however, that no assessment shall be laid upon Proviso,
any shares in said corporation of a greater amount in the whole
than one hundred dollars on each share.

Sect. 4. Be it further enacted, That the said corpora- By-laws,
tion shall have power to make, ordain and establish all such by-
laws, rules, regulations and ordinances as they shall deem expe-

870 1829. Chap. 95.

dient and necessary to accomplish the designs and purposes, and
to carry into effect the provisions of this act, and for the well
ordering, regulating and securing the interests and affairs of the
corporation : provided, the same be not repugnant to the consti-
tution and laws of the Commonwealth.
Tolls. Sect. 5. Be it further enacted. That a toll be, and hereby

is granted and established, for the sole benefit of said corpora-
tion, on all passengers and property of all descriptions, which
may be conveyed or transported upon said road, at such rates
per mile as may be agreed upon and established, from time to
time, by the directors of said corporation. The transportation
of persons and property, the construction of wheels, the form
of cars and carriages, the w'eight of loads, and all other matters
and things, in relation to the use of said road, shall be in conformi-
ty to such rules, regulations and provisions as the directors shall,
from time to time, prescribe and direct ; and said road may be
used by any person who may comply with such rules and regu-
Provlso. lations : provided, however, that if, at the expiration of four years

from and after the opening of said road for use, the net income
or receipts from tolls, and other profits, shall have amounted to
more than ten per cent, per annum, upon the whole cost of the
road, from the time of the disbursements, the Legislature may
take measures to alter and reduce the rate of tolls and other pro-
fits, in such manner as to take off the overplus for the next four
years, calculating the amount of transportation upon the road to
be the same as the four preceding years ; and at the expiration
of every four years thereafter the same proceedings may be had.
Toll-houses and Sect. 6. Be it further enacted, That the directors of said
[^ia°ure'° ^^^" corporation, for the time being, are hereby authorized to erect
toll-houses, establish gates, appoint toll-gatherers, and demand toll
upon the road, when completed, and upon such parts thereof as
shall, from time to time, be completed ; and they shall, from
year to year, make a report to the Legislature of their acts and
doings under the provisions of this act.
Damages. Sect. 7. Be it further enacted, That the said corporation

shall be holden to pay all damages that may arise to any person
or persons, corporation or corporations, by taking their lands for
said rail-road, when it cannot be obtained by voluntary agree-
ment, to be estimated and recovered in the manner provided by
law for the recovery of damages happening by the laying out of
highways.
Land of in- Sect. 8. Bc it further enacted. That when the lands or

fants, &c., how other property or estate of any married woman, infant, or per-
son nan compos mentis, shall be necessary for the construction
of said rail-road, the husband of such married woman, and the
guardian of such infant or person nan compos mentis, may re-
lease all damages in relation to the lands or estates, to be taken
and appropriated as aforesaid, as they might do if the same were
holden by them in their own right respectively.
Penalties for Sect. 9. Be it further enacted, That if any person shall

malicious inju- ^yilfuUy, maliciously, or wantonly, and contrary to law, obstruct

1829. Chap. 95. 871

the passage of any carriage on said rail-road, or in any way spoil,
injure or destroy said rail-road, or any part thereof, or any tiling
belonging thereto, or any materials or implements to be employ-
ed in the construction, or for die use of said roads ; he, she,
or they, or any person or persons, assisting, aiding or abetting
in such trespass, shall forfeit and pay to said corporation, for
every such offence, treble such damages as shall be proved be-
fore the justice, court or jury, before whom the trial shall be
had ; to be sued for and recovered before any justice, or in any
court proper to try the same, by the treasurer of the corpora-
tion, or other officer whom they may direct, to the use of said
corporation. And such offender or offenders shall be liable to
indictment by the grand inquest for the county within which such
trespass shall have been committed, for any offence or offences,
contrary to the above provisions, and on conviction thereof be-
fore any court of common pleas, to be holden in said county,
shall pay a fine not exceeding one hundred dollars, and not less
than thirty dollars, to the use of the Commonwealth, or may be
imprisoned for a term not exceeding one year, at the discretion
of the court before whom the conviction may be had.

Sect. 10. Be it further enacted, That the annual meeting Annual meet-
of the members of said corporation shall be holden on the '"&' ^°'^^' •^'^•
first Wednesday of January, at such time and place as the di-
rectors for the time being shall appoint ; at which meeting five
directors shall be chosen by ballot, each proprietor being entit-
led to as many votes as he holds shares : provided, they do not
amount to more than one fourth part of the whole number. And
the three persons first named in this act, or any two of them,
are hereby authorized to call the first meeting of said corpora-
tion, by giving notice in the Daily Advertiser, published in
Boston, and the Taunton and Dedham papers, of the time,
place, and purpose of such meeting, at least ten days before the
time mentioned in such notice.

Sect. 11. Be it further enacted, That if the said rail- Crossings of
road, in the course thereof, shall cross any private way, the said gateways ^Z'c.
corporation shall so construct said rail-road as not to obstruct the
safe and convenient use of such private way ; and if said rail-
road shall not be so constructed, the party aggrieved shall be en-
titled to his action on the case in any court proper to try the
same, and shall recover his reasonable damages for such injury,
and if the said rail-road shall, in the course thereof, cross any
canal, turnpike, or other highway, the said rail-road shall be so
constructed as not to impede or obstruct the safe and conven-
ient use of such canal, turnpike, or other highway. And the
said corporation shall have the power to raise or lower such
turnpike or highway, so that the said rail-road, if necessary,
may conveniently pass under or over the same. And if said
corporation shall raise or lower any such turnpike or highway pur-
suant thereto, and shall not so raise or lower the same as to be sat-
isfactory to the proprietors of such turnpike, or to the select-
men of the town or towns in which said highway may be situate,

872

1829.-

■Chap. 95—96.

Government,
may purchase
rail -road.

Conditions of
this act.

Chap, 96.

Extension of
wharf author-
ized.

as the case may be, said proprietors or selectmen may re-
quire, in writing, of said corporation, such alteration or amend-
ment as they may think necessary ; and if the required amend-
ment or alteration be reasonable and proper, and the said cor-
poration shall unnecessarily and unreasonably neglect to make
the same, such proprietors or selectmen, as the case may he,
may proceed to make such alterations or amendment, and may
institute and prosecute to final judgment and execution, in any
court proper to try ihe same, any action of the case against said
corporation, and shall therein recover a reasonable indemnity in
damages, for all charges, disbursements, labor and services, oc-
casioned by making such alteration or amendments, with costs of
suit.

Sect. 12. Be it further enacted^ That it shall be in the
power of the government, at any time during the continuance of
the charter hereby granted, after the expiration of ten years
from the opening for use of the rail-road herein provided to
be made, to purchase of the said corporation, ihe said rail-road,
and all the franchise, property, rights and privileges of the said
corporation, on paying therefor the amount expended in n)aking
the said rail-road, and the expense of repairs and all other ex-
penses relating thereto, with interest thereon, at the rate of ten
per cent, per annum, deducting all income that shall have been
received by the stockholders.

Sect. 13. Be it further enacted, That if the stock shall
not have been subscribed for, the company organized, and loca-
tion of the route filed with the county commissioners of the
county or counties within which tiie land, proposed to be taken
for the use of said rail-road, is situate, previous to the first day of
January, in the year of our Lord one thousand eight hundred
and thirty-one ; or if the stock being so subscribed for, the com-
pany organized and location made as aforesaid, the said corpora-
tion shall fail to complete the said rail-road, before the first
day of January, in the year of our Lord one thousand eight
hundred and thirty-five, in either of the before mentioned cases,
this act shall be void, and of no effect. [JMarch 12, 1830.]
See 1831 ch. 55. 56.

An Act to authorize the Proprietors of Sargent's \Vliarf to extend the same.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That the proprietors of the wharf in the city of Bos-
ton, now called and known by the name of Sargent's Wharf,
be, and they are hereby authorized and empowered to extend
the said wharf towards the channel, to any distance not exceed-
ing one hundred and sixty-five feet from the present end there-
of, being the line to which the Proprietors of Union Wharf
were authorized and empowered by an act of the General Court
of February twenty-seventh, one thousand eight hundred and
twenty-nine, to extend their wharf, but no further ; and that
they shall have and enjoy the right and privilege of using and

1829. Chap. 96—99. 873

occupying the flats adjacent to said wharf when so extended at
the end, and at the sides thereof, in the same manner in which
they have hitherto occupied and enjoyed the flats or docks ad-
joining said wharf as it now is : provided, hoicever, that neither Proviso,
the said proprietors nor their assigns, shall have or claim any
right to extend the said wharf, or to use and occupy the flats
which shall be on the south side of said wharf when so extend-
ed, beyond a line drawn in continuation of the boundary line di-
viding the lands and flats of the petitioners from the lands and
flats of the proprietors of Wilkinson and Pratt's wharf so called,
or have or claim any right to extend the said Sargent's wharf,
or to use and occupy the flats which shall be on the north side
of said Sargent's wharf, when so extended, beyond a line drawn
about eastwardly from the middle of a line extending from the
northern boundary line of the lands of the proprietors of said
Sargent's wharf to the southern boundary line of the lands of
the proprietors of Union wharf so called, through the point at
which said boundary lines, when extended, will intersect each
other.

Sect. 2. Beit further enacted, That nothing herein con- Rights of others
tained shall be so construed as to authorize said proprietors to P'"'*'^^^'® •
lessen or injure the rights or property of any other person or per-
sons whatsoever. [March 12, 1830.] Add. act, 1833 ch. 35.

An Act in addition to an Act empowering Ezekiel Hale to open a Canal from Hale's Cfltti)* 97.
mills to Little River bridge, in Haverhill. -^

BE it enacted by the Senate and House of Representatives,
in General Court assembled, and by the authority of the same.
That the further time of one year from the passing of this act is Time extended,
hereby granted to the said Ezekiel Hale, to enable him to con-
struct and fully complete a navigable canal, and to open and clear
out the channel of the Little river, as he was authorized to do by
the provisions of the act to which this is in addition. [JWarch
12, 1830.]

An Act to incorporate the Hope Insurance Company. C^hfin ^^

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Nehemiah Parsons, and his associates, and their Persons incor-
successors and assigns, be, and they hereby are incorporated and P<"^3'i6<^-
made a body politic, by the name of the Hope Insurance Com-
pany, for the purpose of making maritime loans, and insurance
against maritime losses, and losses by fire, in the usual and cus-
tomary manner, with all the privileges, and subject to all the
duties and obligations, contained in a law, entided " an act to de- 1817 ch. 120.
fine the powers, duties and restrictions of insurance companies,"
passed on the sixteenth day of February, in the year of our Lord
one thousand eight hundred and eighteen, and "an act authorizing 1819 ch. 141.
the several insurance offices lcom,panies'\ in this Commonwealth
to insure against fire," passed on the twenty-first day of February,
in the year of our Lord one thousand eight hundred and twenty,

VOL. VI. 110

874

1829.-

-Chap. 99.

Real estate.

Capital stock
shares, and
the payment
thereof.

Number of di
rectors, &c.

for and during the term of twenty years from and after the passing
of this act ; and by the name aforesaid they may sue and be sued,
plead and be impleaded, appear, prosecute and defend to final
judi^ment and execution ; and they may have a common seal,
which they may alter at pleasure ; and they may purchase, hold
and convey any estate, real or personal, for the use of said com-
pany : provided^ that the said real estate shall not exceed the
value of fifty thousand dollars, excepting such as may be taken
for debt, or held as collateral security for money due to said
company.

Sect. 2. Be it further enacted, That the capital stock of
said company shall be two hundred thousand dollars, and shall be
divided into shares of one hundred dollars each ; and one hundred
thousand dollars shall be paid in, in money, within sixty days af-
ter the first meeting of said company, and the residue within one
year from the time of passing this act, in such instalments, and
under such provisions and penalties, as the president and direc-
tors of said company shall order and appoint ; and the capital
stock shall not be transferred within one year from the passing
of this act. And if the provisions of this act shall not have been
complied with, in one year from the passing of this act, the same
shall be void.

Sect. 3. Be it further enacted, That the stock, property
and concerns shall be managed and conducted by eleven direc-
tors, one of whom shall be the president of the company ; and
they shall hold their offices until the next annual meeting after
their election, and until others are chosen in their stead ; and
they, at the time of their election, shall be interested in the stock
of the company, and citizens of this Commonwealth. And the
directors shall be elected at the annual meeting of the company,
which shall be holden at such time and place in the city of Bos-
ton, in the month of April annually, as the directors for the time
being shall appoint ; of which meeting public notice shall be given
in two of the newspapers printed in Boston, at least ten days
previous to the meeting. The election shall be made by ballot.
Right of voting, by a majority of the stockholders present, allowing one vote to
each share of the stock : provided, that no stockholder, in his
own right, shall be entitled to more than thirty votes ; and absent
stockholders may vote by proxy.

Sect. 4. Be it further enacted, That the directors, as soon
as may be convenient after they shall be chosen, shall meet and
elect one of their body to be the president of the company ; and
he shall be sworn or affirmed to the faithful discharge of the du-
ties of his office ; and he shall preside till the next annual meet-
ing, and until another president shall be chosen. And in case of
the death, resignation, or inability to serve, of the president, or
any director, such vacancy or vacancies shall be filled, for the
remainder of the year in which they happen, by a special elec-
tion, at a meeting of the stockholders, to be called for that pur-
pose, in the same manner that the annual election shall be called.

Election of
president.

1829. Chap. 99—100. 875

Sect. 5. Be it further enacted. That the president and Board for trans-

_ ,. • 1- • I I r 1 -1 action of busi-

five directors, or six directors in the absence oi the president, ness.
shall be a board competent to transact all the business which is
referred to them ; and all questions before them shall be decided
by a majority of votes ; and they shall have power to make and
alter such by-laws as to them may appear useful for the manage-
ment and disposition of the property and concerns of the com-
pany : provided, that the same be not repugnant to the laws and
constitution of the Commonwealth. And said directors may
appoint all officers and agents, that in their opinion the affairs of
the company may require, and prescribe their duties, and fix
their compensation, invest and manage the capital and income of
the company, pay losses, declare and pay dividends, and do all
things which the company might lawfully do excepting as is oth-
erwise herein provided.

Sect. 6. Be it further enacted, That the said Nehemiah Par- First meeting,
sons be, and he is hereby authorized, as soon as shall be convenient
after the passing of this act, to call the first meeting of said com-
pany, for the purpose of organizing the corporation, and choos-
ing directors, by advertising notice of the time and place of the
meeting in two of the newspapers printed in Boston, at least two
weeks previous to the meeting.

Sect. 7. Be it further enacted, That said company shall Limitation of
not take any risk, or subscribe any policy, till one half of their "*
capital shall be paid in ; and they shall at no time take any one
risk, by way of a policy of insurance, maritime loan, or bot-
tomry, or otherwise, to a greater amount than ten per cent, on
their capital actually paid in.

Sect. 8. Be it further enacted, That the Hope Insurance Liability to be
Company shall be located in Boston ; and it shall be liable to be t^^^''-
taxed by any general law providing for the taxation of all similar
corporations that are liable by law to be taxed. [J[Iarch 12,
1830.] Add. act, 1830 ch. 75.

An Act for the preservation of Strait Pond Flats (so called) iy'ing in the towns of Co- (Jjinn 1 00.
hasset, in the count}' of Norfolk, and Hull, in the county of Plymouth. -t

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That, from and after the passing of this act, it shall The taking of
not be lawful for any person or persons, without the consent of ^'^^u[||'t*^''"'
the proprietors of said flats, to take, carry away, or remove by
land or by water, from off the beaches extending from Nathaniel
Nichols's dwelling-house in Cohasset to Nantasket neck, any
stones, gravel or sand, and every person so offending, and being
convicted thereof shall forfeit and pay, for each and every ton of Penalty,
stones, gravel and sand, so taken and carried away, the sum of
five dollars, and in proportion for a greater or less quantity, with
costs of suit, to be recovered in an action of debt by any person
who shall first sue therefor in any court proper to try the same,
one half to his own use, the other to the proprietor of said flats.

Sect. 2. Be it further enacted. That any person, having a
legal title in or to any of the beaches which protect the said flats

876

1829.-

-Chap. 100—103.

from the sea, or to any right or interest therein, shall have a
Damages. compensation in damages to be paid by said proprietors, for any

injury he may sustain under any of the provisions of this act,
which damages shall be estimated by a jury, to be awarded by
the Supreme Judicial Court, at any of their terms to be held in
either of the counties of Plymouth or Norfolk, and recovered
with costs, in the same manner in which damages are estimated
and recovered by persons injured by laying out of highways :
Proviso. provided, application therefor be made by petition to said court,

within twelve months from and after the passing of this act, sav-
ing to the said proprietors the right to contest the title of any
such applicant, in and to the said beaches, or any of them, or
any part of them, by pleading to issue to any such petition, and
any such issue, whether in law or fact, shall be tried in said court,
and, if such issue shall be finally determined against such appli-
cants, said proprietors shall recover their costs. [March 12,
1830.]

An Act authorizing the Fall River Iron Works Company to build a Wharf on Taun-
ton River in the town of Troy.

BE it enacted by the Senate and House of Representatives,,
in General Court assembled, and by the authority of the same,
That the Fall River Iron Works Company, in the town of Troy
and county of Bristol, be, and the same hereby are authorized
and empowered to build a wharf near said iron works and extend-
ing into Taunton Great River, so far as to have fourteen feet of
water at common low tide, and that the said company be allowed
the exclusive use of the water, for the use, accommodation and
occupation of said w^harf : provided, the erection and improve-
ment of said wharf shall in no wise affect the legal rights of any
other person or persons whatsoever. [J\Iarch 12, 1830.] See
1834 ch. 118.

An Act to incorporate the Worcester County Athena>um.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Daniel Waldo, Rejoice Newton, John W. Lin-
coln, Abijah Bigelow, William Lincoln, Frederick W. Paine,
Emory Washburn, Thomas Kinnecutt, Isaac Davis, and Isaac
Goodwin, together with all other persons who are or shall be-
come members of the said association, be, and they hereby are
incorporated, by the name of the " Worcester County Athe-
naeum ;" and by that name may sue and be sued, plead and be
impleaded, defend and be defended, in any courts of law, or
elsewhere, in all manner of actions, pleas or controversies what-
soever ; and in their said corporate capacity, and by their said
name, they and their successors shall be capable in law to pur-
chase, receive, have, hold, take, possess and enjoy, in fee sim-
Real estate. P^^ ^^ Otherwise, lands, tenements, rents and hereditaments, not
exceeding in the whole the yearly value of two thousand dollars,
exclusive of the building or buildings which may be actually oc-
cupied, or used for literary purposes. And the said corporation

C hap \02.

1824 ch. 60.

Erection of
whcirf author-
ized.

Proviso.

Chap 103,

Persons incor-
porated.

1829. Chap. 103. 877

and their successors shall be capable of taking, receiving and Personal estate.

holding, by donation, subscription, bequest or otherwise, money,

goods, chattels, effects and credits, to an amount, the yearly

value of which shall not exceed three thousand dollars, exclusive

of their books, and cabinet of minerals, or other curiosities ; so

that the estate aforesaid shall be appropriated for the promotion

of literature, of the arts and sciences, and not otherwise : and

the said corporation and their successors shall have power to

give, grant, sell, alien, convey, exchange or lease, all or any part

of their lands, tenements, or other property, for the benefit and

advantage of said corporation.

Sect. 2. Be it further enacted, That the said corporation Common seal,
may have a common seal, for their use and benefit, with full
power to alter, change, or renew it, whenever they shall think
the same expedient.

Sect. 3. Be it further enacted, That the said corporation By-laws, &c.
shall have power to determine when and where their meetings
shall be holden, and the manner of notifying and calling the same,
and power to choose such officers, with such powers, as they
shall judge expedient, and to make by-laws for the due govern-
ment of the said corporation, and for the due and orderly con-
ducting the affairs thereof, and for and concerning all matters and
things relating to said corporation, and the same at pleasure to
alter, amend or repeal : provided, however, that the powers Proviso,
vested in their said officers, and the said by-laws, shall not be
repugnant to the constitution and laws of this Commonwealth.

Sect. 4. Be it further enacted. That the said corporation Fines and the
shall have power to impose suitable fines, not exceeding ^\q recoyetyiheiQ-
dollars for the non-fulfilment or breach of the same by-laws, and
the said corporation shall have a suitable remedy by action, to
recover such fines, in any court of law proper to try the same.

Sect. 5. Be it further enacted. That whenever any pro- Saieofdeiin-
prietor shall neglect or refuse to pay any assessment, duly im- q^t^'i's' shares.
posed upon his share or shares in said corporation, for the space
of sixty days after the time set for the payment thereof, the
treasurer of said corporation is hereby authorized to sell at public
vendue the share or shares of such delinquent proprietor, after
duly notifying, in one of the newspapers printed in the town of
Worcester, the sum due on such share or shares, and the time
and place of sale, at least thirty days before the time of such sale ;
and such sale shall be a sufficient transfer of the share or shares
so sold to the purchaser ; and upon producing a certificate of
such sale from the treasurer, such purchaser shall be entitled to
a transfer of the share or shares so sold, on the books of the
corporation, and shall be considered, to all intents and purposes,
the proprietor thereof; and the overplus of such sale, if any
there be, after payment of such assessment, and incidental
charges, shall be paid on demand, by such treasurer, to the per-
son whose share or shares were sold as is before provided.

Sect. 6. Be it further enacted. That any three of those First meeting.
whose names are before mentioned, shall have power to call the

878 1829. Chap. 103—106.

first meeting of the said corporation, by advertising the same
three weeks successively before the time of such meeting, in one
of the newspapers printed in the town of Worcester, and at the
same meeting the said corporation may proceed to execute any
or all the powers vested in them by this act. And this act may
be altered, or amended, at the pleasure of the Legislature.
[March 12, 1830.]

r^hnn 1 HA -A" ^'^'^ 'o repeal " An Act to incorporate the President, Directors and Company of
KyllUp l\J^. the Farmers Bank in Belchertown.'

18 4 ch. 15 . g^ ^^ enacted by the Senate and House of Representatives^

in General Court assembled, and by the authority of the same,

Repeal. That " an act to incorporate the president, directors and com-

pany of the Farmers Bank in Belchertown," passed on the
twenty-sixth day of February, in the year of our Lord one thou-
sand eight hundred and twenty-five, is hereby " declared to be
forfeited and void," and from and after the passing of this act,
is, and shall be taken to be, wholly repealed : provided, hoicever,
that nothing in this act contained shall be so construed as to ab-
solve the said corporation, or any director or stockholder thereof,
from any liability created by the act hereby repealed, [jyiarch
12, 1830.]

r^hrm 1 nfi An AcT to repeal "An Act to incorporate the President, Directors and Companj- of
l^aap lUO. the Brighton Bank."

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same. That
Repeal. " an act to incorporate the president, directors and company of

the Brighton Bank," passed on the tenth day of March, in the
year of our Lord one thousand eight hundred and twenty-eight,
is hereby "declared to be forfeited and void," and from and
after the passing of this act, is, and shall be taken to be, wholly
repealed : provided, hoicever, that nothing in this act contained
shall be so construed as to absolve the said corporation, or any
director or stockholder thereof, from any liability created by the
act hereby repealed. [March 12, 1830.] Add. acts, 1833
ch. 174 : 1834 ch. 88.

f^hnn 1 flfi A" Act in addition to the several acts relating to the Second Massachusetts Turnpike
KylUip l\J^. Corporation.

Vv\'^^'^\ BE it enacted by the Senate and House of Representatives,

1804 ch. 36. in General Court assembled, and by the authority of the same ,

isil'ch' 2!''^ ^^^^^ David White, of Heath, in the county of Franklin, be, and

,. ,. ' he is hereby authorized to call a meetins; of the Proprietors of

Meeting may be_^ it\t i m -i /-> • r ^

called. the becond Massachusetts iurnpiUe Corporation, lor the pur-

pose of choosing a clerk, by personally notifying each proprietor
of said corporation, or by leaving a written notice at the usual
place of abode of such proprietor, his or her agent, of the time
and place of such meeting, fourteen days at least before the time
of holding the same. [March 12, 1830.] Corporation dis-
solved, 1833 ch. 98.

1827 ch. 110.

1828 ch. 15.

. 1829. Chap. 107—109. 879

Au Act to incorporate the Proprietors of the First Congregational Meeting-house in fjfinr) 107
Oxford. 1

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and, by the authority
of the same. That Jonathan Davis, Sterns Dewit, Stephen Da- persons incor-
vis, Delano Pierce, and Josiah Russell their associates and sue- poraied.
cessors, be, and they hereby are made a body corporate, by the
name of the Proprietors of the First Congregational Meeting-
house in Oxford, and by that name may sue and be sued, and
may ordain rules and regulations, not repugnant to the laws of this
Commonwealth, and choose such officers as the good manage-
ment of the affairs of said body corporate may at all times require ;
and, in managing the affairs of said meeting-house, no proprietor
shall be entitled to more than one vote, and the proprietors of a
single pew shall be entitled to one vote and no more.

Sect. 2. Be it further enacted, That said corporate body Assessments.
shall have power to raise money by assessment on the pews in
said meeting-house, for the purpose of keeping the same, and its
appurtenances, in repair, to be assessed and collected agreeably
to the provisions of the act, entitled " an act authorizing the pro- isiTch. 189.
prietors of churches, meeting-houses, and other houses of pub-
lic worship to regulate and manage their property and interest
therein."

Sect. 3. Be it further enacted, That Jonathan Davis, the First meeting.
first on the list of said corporators, may call the first meeting of
said body corporate, by posting notice of the time and place
thereof, in some conspicuous place in said meeting-house, eight
days at least before the time he may so appoint.

Sect. 4. Be it further enacted, That this act shall be sub- Legislative con-
ject to revision or repeal, at the will of the Legislature. [March ^■"o'-
12, 1830.]

An Act to incorporate the Grafton Manufacturing Company. Chnfl 1 0*^

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That Samuel Cabot, Israel Thorndike, Robert G. Persons incor-
Shavv, together with such other persons as may become associ- P""^^ •
ates with them, their successors and assigns, be, and they hereby
are created a body corporate, by the name of the Grafton Man-
ufacturing Company, for the purpose of manufacturing, at Graf-
ton, in the county of Worcester, cotton, woollen, linen, and
other goods, and for this purpose shall have all the powers and Powers and
privileges, and shall be subject to all the duties and requirements, ""^^'
contained and provided, respecting such corporations, in and by
an act, passed on the twenty-third day of February, in the year
of our Lord one thousand eight hundred and thirty, entitled "an i829ch. 53.
act defining the general powers and duties of manufacturing cor-
porations."

Sect. 2. Be it further enacted. That the said corporation Real and per-
may take and hold such real estate, at said Grafton, not exceed- sonal estate,
ing in value the sum of one hundred and fifty thousand dollars,
and such personal estate, not exceeding in value a like sum, as

880

1829.-

-Chap. 109—113.

C^oplll

Persons incor-
porated.

Powers and
duties.

1829 ch. 53.

Real and per-
sonal estate.

Chap 1 12.

Police court
shall have con-
current jurisdic-
tion with muni-
cipal court in
certain cases.

Chap 113.

Extension of
wharves con-
firmed.

Rights of olhc rs
protected.

may be suitable and convenient for carrying on the manufactures
aforesaid. [March 12, 1830.]

An Act to incorporate the Proprietors of the Crown and Eagle IMills.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Robert Rogerson and Handel Rogerson, togeth-
er with such other persons as may become associates with them,
their successors and assigns, be, and they hereby are created a
body corporate^ by the name of the Proprietors of the Crown
and Eagle Mills, for the purpose of manufacturing cotton goods,
at Uxbridge, in the county of Worcester ; and for this purpose
shall have all the powers and privileges, and shall be subject to
all the duties and requirements, contained and provided in and
by an act, passed on the twenty-third day of February, in the
year of our Lord one thousand eight hundred and thirty, entitled
"an act defining the general powers and duties of manufacturing
corporations."

Sect. 2. Be it further enacted, That the said corporation
may take and hold such real estate, not exceeding in value the
sum of one hundred thousand dollars, and such personal estate,
not exceeding in value two hundred thousand dollars, as may be
suitable and convenient for carrying on the manufacture aforesaid.
[March 12, 1830.]

An Act concerning' the jurisdiction of the Police Court in the City of Boston.
BE it e7iacted by the Senate and House of Representatives, in General Court assem-
bled, and bijtlie authority of the same, That the police court of the city of Boston shall
have concurrent jurisdiction with the municipal court of said cit}', in all cases (except-
ing where the fine, penalty or forfeiture exceeds twenty dollars) arising under an act
entitled "an act in addition to an act entillcd an act for the due regulation of licensed
houses," passed in the year of our Lord one thousand eigiit hundred and sixteen, and
under the act to whicii this [that^ is in addition, the prosecution in such cases to be
upon complaint or information, as in otiicr cases in said police court, saving always
the right of appeal, as in other cases, to the said municipal court, any thin"' to the
contrary hereof in the said acts notwithstanding. [March 12, 1830.] Repealed 1830
ch. 12.

An Act to confirm the extension of Wright and Dame's Wharves.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same. That the proprietors of the wharves on the east side
of Sea street, in the city of Boston, near the Free Bridge,
known by the name of Wright and Dame's wharves, be confirm-
ed in their extension of said wharves below the line of low wa-
ter mark, upon the condition that the end of the South wharf
shall be removed, agreeably to the judgment of the municipal
court in the city of Boston, and upon the further condition, that
the said wharves shall continue to be built upon piles, and not
filled up with any solid materials, and not be extended beyond
the limits herein authorized.

Sect. 2. Be it further enacted, That nothing herein con-
tained shall be so construed as to authorize said proprietors to
lessen or injure the rights or property of any other person or
persons whatsoever. [March 12, 1830.]

1829. Chap. 117. 881

An Act to incorporate tlic Boston and Providence Citizens Coacli Company. f^h/i'n 117

Sect. 1. BE it enacted hy the Senate and House of Repre- "

senlatives^ in General Court assembled, and hy the authority of the
same, That Windsor Fay, David Homer, Jabez Bullard, William Persons incor-
Willet, Calvin Bullard, Benjamin V. French, with such others po^ated.
as may associate with them, their successors and assigns, be,
and they hereby are made a corporation, by the name of Bos-
ton and Providence Citizens Coach Company, for the purpose
of conveying passengers between the city of Boston and the
town of Providence in Rhode Island, with liberty to convey
passengers to and from said places, and all other towns and pla-
ces on the aforesaid route ; and for that purpose shall have all Powers and du-
the powers and privileges, and shall be subject to all the duties, "^'"
restrictions and liabilities, prescribed and contained in an act en-
titled " an act defining the general powers and duties of manu- 1808 ch. 65.
facturing corporations," passed on the third day of March, in
the year of our Lord one thousand eight hundred and nine, and
the several acts in addition thereto, passed previous to the pres-
ent session of this Legislature : provided, hoxoever, that said
company shall not ask or demand for the conveyance of any Rates of fare,
passenger, with the usual baggage, any greater sum than two
dollars and fifty cents, between the city of Boston and the town
of Providence, and in the same proportion, as nearly as may be,
for all intermediate distances, under a penalty of twenty dollars,
to be recovered by any person aggrieved thereby, in any court
proper to try the same.

Sect. 2. Be it further enacted. That said company may Real and per-
lawfuUy hold and possess such real estate, not exceeding the s°°^' estate,
value of fifty thousand dollars, and personal estate, not exceed-
ing the value of one hundred thousand dollars, as may be neces-
sary for the purpose of carrying into effect the objects of this
act.

Sect. 3. Be it further enacted, That the name of said Nameofcom-
company shall be conspicuously affixed to all carriages which ^xed to carr^a-
may be used by them ; and if said company shall neglect to ges.
comply with this requirement, they shall be liable to forfeit
and pay ten dollars for each and every day during which any of
their said carriages may be employed in the transportation of pas-
sengers without having their said name so affixed thereto ; which
forfeiture may be sued for and recovered in any court of com-
petent jurisdiction, by the person who shall first sue for the
same, to his own use ; and said company shall be responsible
for all baggage or other property committed to them, their agents
or drivers, to be conveyed on any of said routes, or any part
thereof.

Sect. 4. Be it further enacted, That this act may be Leffislative con-
amended or repealed at the pleasure of the Legislature. {March "'°'"
12, 1830.]

VOL. VI. Ill

882

1829.-

-Chap. 118.

Chap lis.

Persons incor-
porated.

Powers and
duties.

1808 ch. 65.

Rates of fare.

Real and per-
sonal estate.

An Act to establish the Eastern Stage Company.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives^ in General Court assembled., and by the authority
of the same^ That Neheniiah Cleaveland, Jeremiah Colman,
Benjamin Hale, Henry Whipple, Joseph Winn, John Winn,
Seth Sweetser, Henry Elkins, John Heard, Ebenezer Mosely,
and Thomas Perkins, with such other persons as now are or
may hereafter be associated with them, their successors and as-
signs, be, and they hereby are made a corporation, by the name
of the Eastern Stage Company, for the purpose of conveying
passengers between the city of Boston, and the towns of Ports-
mouth and Dover in the state of New Hampshire ; also from
Newbury port to Lowell in the county of Middlesex ; and may
have a common seal, may sue and be sued, and may make and
establish such by-laws and regulations, and may appoint such
officers, directors, and agents, as they shall find necessary for
the due management of their concerns : provided, such by-laws
and regulations shall not be repugnant to the constitution and
laws of this Commonwealth. And they shall have liberty to
convey passengers to and from all places on the aforesaid routes,
and shall have all the powers and privileges, and shall be sub-
ject to all the duties, restrictions and liabilities, prescribed and
contained in "an act defining the general powers and duties of
manufacturing corporations," passed on the third day of March,
in the year of our Lord one thousand eight hundred and nine,
and the several acts in addition thereto, passed previous to the
present session of the Legislature : provided, however., that said
company shall not ask or demand, for the conveyance of any
passenger, with usual baggage, any greater sums than tiie follow-
ing, to wit : in the stage which carries the great eastern mail,
between Boston and Portsmouth, four dollars ; between Boston
and Newburyport, two dollars and fifty cents ; between Boston
and Salem, one dollar and twenty-five cents ; between Salem
and Ipswich, eighty-eight cents ; between Ipswich and Newbu-
ryport, eight-eight cents ; and between Newburyport and Hamp-
ton, seventy-five cents ; and in all other stages between Boston
and Portsmouth, and between Boston and Dover, three dollars ;
between Boston and Newburyport, two dollars ; between New-
buryport and Dover, one dollar and fifty cents ; between Bos-
ton and Lynn, fifty cents ; between Lynn and Salem, fifty
cents ; between Salem and Topsfield, fifty cents ; between Tops-
field and Newburyport, seventy-five cents ; between Salem and
Ipswich, seventy-five cents ; between Ipswich and Newbury-
port, seventy-five cents ; between Newburyport and Hampton,
seventy-five cents ; between Newburyport and Exeter, seventy-
five cents ; and between Newburyport and Lowell, one dollar
and fifty cents ; under a penalty of twenty dollars, to be recov-
ered by any person aggrieved thereby, in any court proper to try
the same.

Sect. 2. Be it further enacted., That said corporation may
lawfully hold and possess such real estate, not exceeding the

1829. Chap. 118—120. 883

value of fifty thousand dollars, and personal estate, not exceed-
ing the value of one hundred thousand dollars, as may be neces-
sary for the purpose of carrying into effect the objects of this
act.

Sect. 3. Be it further enacted, That the name of said Name of com-
company shall be conspicuously affixed on all stage coaches {J^"^j'°'^*^^^^^'_
which may be used by them ; and if said company shall neglect ges.
to comply with this requirement, they shall be liable to forfeit
and pay ten dollars, for each and every day during which any of
their said carriages may be employed in the transportation of
passengers without having their said name so affixed thereto ;
which forfeiture may be sued for and recovered in any court of
competent jurisdiction, by the person who shall first sue for the
same, to his own use ; and said company shall be responsible for
all baggage, or other property committed to them, iheir agents
or drivers, to be conveyed on any of said routes, or any part
thereof.

Sect. 4. Be it further enacted, That this act may be Legislative con-
amended or repealed at the pleasure of the Legislature. [March "'°'-
12, 1830.]

An Act to repeal the fifth section of an Act entitled " An Act to incorporate the Pro- f^hrm 1 1 Q
prietors of Boston South Bridge." l-^/tU// I 1 C

B^ it enacted by the Senate and House of Representatives, ]^%'^^^' lni\
in General Court assembled, and by the authority of the same.
That the fifth section of an act entided "an act to incorporate
the proprietors of Boston South Bridge," passed the sixth day
of March, in the year of our Lord one thousand eight hundred
and four, be, and the same is hereby repealed. [March 12,
1830.] Add. acts, 1831 ch. 71 : 1832 ch. 136.

An Act to change the names of the several persons therein described, C^hfin 120

BE it enacted by the Senate and House of Representatives, in
General Court assembled, and by the authority of the same,
That Gustavus A. G. Robinson may take the name of Gustavus Names chang-
A. Robinson ; that Lorenzo Dow Smith may take the name of *''^-
Lorenzo Gray Smith ; that Erastus Learned may take the name Suffolk.
of William Wilkinson Learned ; that Nabby Callender, wife of
William B. Callender, may take the name of Frances Callender ;
that Thomas Davis Park, a minor son of Thomas Park, may
take the name of Thomas Hammond Park ; that Thomas Brown
may take the name of Thomas William Brown ; that Mary Per-
rin Harrington, a minor, may take the name of Mary Harrington
Perrin ; that George Stearns may take the name of George B.
Stearns ; that John H. Whittemore may take ihe name of Wil-
liam Whittemore ; that Ruth Binney may take the name of Anna
Walker Binney ; that Samuel Sumner Wilton Barrett may take
the name of Sumner Foster Barrett ; that Thomas Davis may
take the name of Thomas Kemper Davis ; that Edward Sher-
burne Manning English, a minor son of Thomas Stanhope
English, may take the name of Stanhope English ; that Sally
Perkins Withington may take the name of Sarah Perkins With-

884 - 1829. Chap. 120.

ington ; that Meriam Mason Phillips, a daughter of the widow
Theresa H. Phillips, may take the name of Theresa Henshaw
Phillips ; that Eunice Smith Boardman may take the name of
Ellen Smith Boardman ; that Levi B. Fills may take the name
of Levi B. Witt ; that Samuel Vose may take the name of
Charles Lightburn Vose — all of the city of Boston, in the coun-
Essex. ty of Suffolk. That Thomas Norwood Girdler, of Manchester,

a minor son of John Girdler, may take the name of James In-
gersoll ; that Ruth Choatc, of Gloucester, may take the name of
Helen Augusta Choate ; that John Felion, of Rowley, may
take the name of John Grayham Milgrove ; that Samuel C'hcney,
of Bradford, may take the name of Samuel Wheeler Sawyer ;
that William Winslow Mower, of Lynn, may take the name of
Charles Winslow ; that William Kimball the third, of Bradford,
may take the name of William N. Kimball ; that Lucy Brown,
of Newbury, may lake the name of Lucy Maria Brown ; that
Moses Howe, of Rowley, may take the name of Moses Wood
Howe ; that Nathaniel R. Dunphy, of Gloucester, may take the
name of Nathaniel R. Webster ; that Nancy Dunphy, wife of
said Nathaniel, may take the name of Nancy Webster ; that
Elizabeth C. Dunphy, a minor daughter of said Nathaniel and
Nancy, may take the name of Elizabeth C. Webster; that their
son, William Henry Dunphy, may take the name of William
Henry Webster ; that Mary Ordway, of West Newbury, may
take the name of Mary Melvina Ordway ; that Mary Pearson, of
Rowley, may take the name of Mary Ethelinda Pearson ; that
Noyes Pearson, of Rowley, may take the name of Charles
Noyes Pearson ; that Charles Stevens, of Rowley, may take
the name of Charles Mentraville Stevens ; that Gorham Jeweit,
of Rowley, may take the name of Gorham Laforace Miranda
Jewett ; that James Bullock, of Salem, may lake the name of
James Ballard ; that Eliza Cotton Bullock, wife of said James,
may take the name of Eliza Cotton Ballard ; ihal Mary Eliza
Bullock, a minor daughter of said James, may take the name of
Mary Eliza Ballard ; that James Charles Bullock, a minor son
of said James Bullock, may take the name of .lames Charles
Ballard ; that Henry Archer Bullock, a minor son of said James
Bullock, may take the name of Henry Archer Ballard ; that Su-
san Archer Bullock, a minor daughter of said James Bullock,
may take the name of Susan Archer Ballard ; that Angeline
Lenier Bullock, a minor daughter of said James Bullock, may
take the name of Angeline Lenier Ballard ; that Roswell Augus-
tus Bullock, a minor son of said James Bullock, may take the
name of Roswell Augustus Ballard ; that Anstiss Williams
Crowninshield, of Salem, may take the name of Anna Casper
Crowninshield ; that Joshua Ward, junior, of Salem, may take
the name of Joshua Holyoke Ward ; that William Stearns, a
minor son of Joshua Bracket Stearns, of Salem, may take the
name of William Bracket Stearns ; that David Holt Abbot, of
Andover, a minor son of Stephen Abbot, may take the name of
Stephen David Abbot ; that Pesanti Sanchez, of Salem, may

1829. Chap. 120. 885

take the name of George Leon ; that Nathan Berpee Jewett, of
Nevvburyport, may take the name of Charles Augustus War-
ren ; that Joseph Batchekier, of Middleton, may take the
name of Joseph Warren Batchelder ; that Sarah Howe, of
R.ovvley, may take the name of Sarah Maria Howe — all of
the county of Essex. That Samuel Devens, son of Davis Middlesex.
Devens, of Charlestown, may take the name of Samuel Adams
Devens ; that Richard Devens, a minor son of David Devens,
of Charlestown, may take the name of Richard Goodwin De-
vens ; that Samuel Snow, of Reading, may take the name of
Samuel Snow Rogers ; that Ruth Smith, of Woburn, lately
the wife of Nathaniel Smith, may take the name of Ruth Cum-
mings ; that Augustine Wellington, of Lexington, may take the
name of Augustus Wellington ; that Jonathan Dix, of Charles-
town, may take the name of Kimball W. Adams ; that .John
Wood, of Cambridge, may take the name of John Mason
Wood ; that Charles Thurston Parkhurst, of Framingham, may
take the name of Charles Ferdinand Wellington Parkhurst; that
Rebecca Richards Colburn, of Framingham, may take the name
of Rebecca Florentina Augusta Colburn ; that Susan Parkhurst,
of Framingham, may take the name of Susan Florentina Augus-
ta Parkhurst — all of the county of Middlesex. That Peyton Norfolk.
Randolph Gay, of Dedham, in the county of Norfolk, may
take the name of Edward Henry Gay ; that Francis White Worcester.
Howard, of Sutton, a minor, may take the name of Francis
Howard Chamberlain ; that Lemuel Davis Montague, of Hol-
den, may take the name of Lemuel Davis ; that Timothy Bou-
telle, a minor son of the widow Sarah Boutelle, of Leominster, may
take the name of Timothy Loring Boutelle ; that Benedict Ar-
nold, of Fitchburg, may take the name of George Benedict Ar-
nold ; that David Augustus Hall Grosvenor, of Harvard, may
take the name of Augustus Hall Grosvenor — all of the county
of Worcester. That Elizabeth Norton, of Hingham, may take Plymouth.
the name of Elizabeth Cranch Norton ; that Beza Bisbee, of
Plympton, may take the name of William Marshall Bisbee ; that
Sarah Wade, of Scituate, may take the name of Sarah Totman
— all of the county of Plymouth. That Andrew Addison Ev- Hampshire,
erett, of Middlefield, may take the name of Addison Everett ;
that Gulter Chapin Warner, of Granby, may take the name of
Jeremiah C. Warner ; that Laisdell Abels, of Northampton,
may take the name of Franklin Laisdell Abels ; that Artenatus
Sweetser, of Amherst, may take the name of Joseph Artenatus
Sweetser ; that Peter Strong Burnell, of Chesterfield, may take
the name of Strong Burnell ; that William Gore, of Northam.o-
ton, may take the name of William Dwight Gore ; that Frede-
rick Smith, of Northampton, may take the name of George
Frederick Smith ; that Elizabeth Sumner Wright, of Northamp-
ton, daughter of the widow Hannah Wright, may take the name
of Elizabeth Mosely Wright ; that Anna Clapp, of Easthamp-
ton, may take the name of Sarah Ann Clapp ; that Moses La-
fayette Clapp, of Easthampton, a minor son of Medad Clapp,

886

1829.-

-Chap. 120—123.

Bristol.

Franklin.

Berkshire.

Chap 123.

Persons incor-
porated.

Powers grant-
ed.

Real and per-
sonal estate.

Proviso.

may take the name of Lafayette Clapp ; that Charles Lyman
Bishee, of Goshen, may take the name of Charles Augustus
Lyman ; that Asahel Abel, of Northampton, may take the name
of Asahel Salmon Abels — all of the county of Hampshire.
That William Howland, of New Bedford, may take the name
of William P. Howland ; that Ishbosheth Simmonds, of I'aun-
ton, may take the name of James Simmonds ; that Gilbert Rich-
mond, of Swansey, may take the name of Gilbert Richmond
Lawless ; that Elizabeth Hathaway Staples, daughter of Wil-
liam B. Staples, of Taunton, may take the name of Elizabeth
Hathaway Williams — all of the county of Bristol. That Thom-
as Bates, of Charlemont, son of Stephen Bales, deceased, may
take the name of Thomas Shaw Bates ; that Lurena Ellioit, of
Leyden, may take the name of Lurena Chapin — all of the coun-
ty of Franklin. That Squire Haskell Barrett, of Hinsdale, in
the county of Berkshire, may take the name of Haskell Barrett.
And that the several persons herein named shall hereafter be
known and called by the names they are hereby respectively
allowed to assume, as their only legal and proper names. [March
12, 1830.]

An Act to incorporate the Proprietors of the Cattle Fair Hotel, in the town of Brigh-
ton.

Sect. 1. BE it enacted by the Senate and House of Repre-
sentatives, in General Court assembled, and by the authority of
the same, That Thaddeus Baldwin, William P. Matchelt, Jr.,
Lucius Doolittle, Benjamin Sargent, and Stephen Stone, their
associates, successors and assigns, be, and they hereby are con-
stituted a body politic and corporate, by the name of the Cat-
tle Fair Hotel ; and, by that name, may sue and be sued, de-
fend and be defended, in any court of record, or other place
whatsoever ; may have a common seal, and the same at pleasure
may break, alter or renew ; and may make and ordain such by-
laws, rules and regulations, as to them may appear necessary and
convenient for the government of said corporation, and the pru-
dent management of their affairs : provided, that such by-laws,
rules and regulations, be not repugnant to the laws of this Com-
monwealth.

Sect. 2. Be it further enacted. That the said corporation
may be lawfully seized and possessed of such real and personal
estate as may be necessary and convenient for the purposes of
purchasing lands, building, rebuilding and maintaining a large
and convenient hotel, and other necessary out-buildings, for the
erection of pens, and fences for enclosures or pastures, and for
the improvement and management of the same : provided, the
said capital shall not exceed in value the sum of fifty thousand
dollars : and provided further, that the said corporation shall
erect, on some eligible site near the meeting-house in the town
of Brighton, a spacious and convenient hotel, which shall always
be kept as a public house, and for no other purpose ; and shall
also erect, and constantly maintain, in good repair, such other
out-buildings and pens as shall be expedient or requisite for pub-
lic use and accommodation, for the purposes of the object of

1829. Chap. US— 126. 887

this incorporation. And this act may be ahered, amended, or
repealed, at the pleasure of the Legislature.

Sect. 3. lie it further enacted^ That either two of the First meeting,
persons before named may call the first meeting of this corpora-
tion, by advertising the same in any one of the newspapers print-
ed in Boston, ten days at least before the time of the proposed
meeting, at which lime they may elect necessary officers, and do
such things as may be expedient for their organization.

Sect. 4. Be it further enacted^ That, if the said corpo- Conditions of
ration shall fail to erect, and fully complete, a spacious and con- ^^is act.
venient hotel, a shed, or sheds, not less than two hundred feet
by eighteen feet on the ground, and suitable for the shelter of
horses and carriages, and conveniently located for the use of the
public, to whom it shall be free of all charge for the use thereof,
and good and convenient barns, with suitable and sufficient stalls
to secure and feed not less than one hundred head of neat cattle,
within two years from the passing of this act, then this act shall
be void and of no effect. [March 12, 1830.]

An Act to establish a Fire Department in the town of Danvers. CIldT) 1 26.

Sect. 1. BE it enacted by the Senate and House of Rep-
resentatives, in General Court assembled, and by the authority
of the same, That the inhabitants of the town of Danvers, at their Choice of fire-
annual meeting for the choice of town officers, shall choose, by "'^'■'^*-
ballot, twelve persons as firewards in said town.

Sect. 2. Be it further enacted. That the firewards so chosen Powers of fire-
be, and they are hereby authorized and required to exercise all ^^f^^.
the powers, and to perform all the duties, in relation to the nom-
ination and appointment of enginemen, which the selectmen of
said town have been heretofore authorized and required to exer-
cise and perform ; and enginemen appointed by said firewards
shall be subject to the same duties, and entitled to the same priv-
ileges and exemptions, as enginemen are by law entitled to when
appointed by the selectmen.

Sect. 3. Be it further enacted, That the said firewards be, Firewards may
and they are hereby authorized, if they shall judge it expedient, ^^1^°'"* engme-
to nominate and appoint any nuinber of enginemen, in addition to
the number now authorized by law, not exceeding in the whole
forty men for each and every hydraulion or suction engine, twen-
ty-five men for each and every common engine, four men to each
hose carriage, twenty men to each sail carriage, and twenty men
to be employed as a hook and ladder company ; and the said en-
ginemen are authorized to organize themselves into distinct com-
panies, under the direction of the firewards ; to elect directors,
clerks, and other officers ; to establish such rules and regulations
as may be approved by the firewards, and to annex penalties to
the same, which may be recovered by the clerk of any company
so organized, before any justice of the peace in the county of
Essex : provided, that no penalty shall exceed the sum of ten
dollars, and that such rules and regulations shall not be repugnant
to the constitution and laws of this Commonwealth.

888

1829.-

-Chap. 126—127.

Firewards shall
have the care of
Ihe public
pumps, &c.

Penalties for
malicious in-

jUilCS.

Act lo be 111
force when ac-
cepted by town.

Legislative
control.

Chap \27.

Sect. 4. Be it further enacted, That the said firewards shall
have the care and superintendence of the public pumps and cis-
terns, and also of the public engines, hose and sail carriages, fire
hooks and ladders, together with the buildings, fixtures and ap-
pendages thereto belonging, and shall cause the same to be kept
in good repair, and may from time to time make such alterations
and improvements therein, as they shall deem expedient : pro-
vided, that the sums expended for such repairs, alterations and
improvements, shall not exceed in any one year the sum of one
hundred dollars, unless the said town of Danvers shall have pre-
viously assented to a larger appropriation.

Sect. 5. Be it further enacted, That if any person shall,
within the said town of Danvers, wantonly and maliciously spoil,
break, injure, damage, or render useless, any public pump or
cistern, or any engine, hose carriage, sail carriage, or any fixture
or appendage thereto belonging, and shall be convicted thereof
before the supreme judicial court, he shall be punished by a fine
not exceeding five hundred dollars, or by imprisonment not ex-
ceeding two years, at the discretion of the court, and be further
ordered to recognize with sufficient surety or sureties, for his
good behaviour, for such term as the court shall order.

Sect. 6. Be it further enacted, That this act shall be in
force when accepted by the town, at a meeting of the inhabitants
duly notified for this purpose ; and the said inhabitants may, at
such meeting, choose firewards, agreeably to the provisions of
this act.

Sect. 7. Be it further enacted, That this act may, at any
time hereafter, be amended or repealed, at the pleasure of the
Legislature. [March 12, 1830.]

An Act relating to the election of the School Committee in the town of Salem.

BE it enacted by ihe Senate and House of Representatives,
in General Court assevibled, and by the authority of the same,
That, from and after the passing of this act, the town of Salem
may elect such a number of persons to perform the duties of
school committee, as the town, at its annual meeting for the
choice of town officers, shall determine. [March 13, 1830.]

INDEX.

[In this Index subjects not referred to in their alphabetical order will be found under some one of the fol-
lowing general heads, viz:

ACADEMY,

ANNEXATION,

BANK,

BRIDGE,

CANAL,

FISHERY,

INSTITUTION FOR SAVINGS,
INSURANCE COMPANY,
MANUFACTURING CORPORA-
TION,
MINISTERIAL FUND,
NAMES CHANGED,

PARISH, PRECINCT OR

RELIGIOUS SOCIETY,

RAIL-ROAD CORPORATION,

SOCIETY,

TURNPIKE,

WHARF.]

A.

Academy — Abbot Female, in Andovei*, incorporated, .

Brookfield Female Classical Seminary, incoi-porated,

Chatham, incorporated, ....

Deerfield, nmnber of trustees increased, '

Derby, provision in former act repealed.

Gates, incorporated, ....

Greenfield, for yomig ladies, incorporated,

Hanover, incorporated, ....

Haverhill, incorporated, ....

Ipswich, incorporated, ....

Lancaster, incorporated, ....

Middleborough, uicorporated,

Milford, incorporated, ....

Northfield, of useful knowledge, incorporated,

Partridge, in Duxbuiy, incorporated,

Phillips, in Andover, visitors of theological institution
porated, ......

Sherburne, incorporated.

South Reading, Lncoi-porated,

Stockbridge, incorporated,

Topsfield, incoi-porated, ....

Warren, in Wobui-n, incorporated,

Wesleyan, incorporated, ....

Weymouth and Braintree, incorporated,

Williamstown, proprietors of, incorporated,
Adams, Temple and School Fund, supervisors of, incoi-porated,
Amherst College, established, ....

Annexation to Ashbui-nham, J. Ward and others,
Ashby, Samuel Gibson,

.

769

.

380

786

, .

801

,

476

,

827

732

,

753

592

,

642

625

.

781

626

, .

805

751

n in, incor-

123

, ,

621

731

. .

690

735

,

855

143

.

641

616

501

256

, .

126

,

793

890

INDEX.

Annexation to Athol, .....
of a part of New Salein,

Bolton, of a part of Marlborough,

Cohasset, A. and C. Bailey,

Egremont, J. Brouson and L. Hare,

Grafton, A. and J. Wesson,
T. Merriam, .

Halifax, from Bridgewater, of a gore of land,

New Salem, from Shutesbiu-y,

Provincetown, of a part of Truro,

Ware, D. Coney,

Wareham, of a part of Plymouth and Cai'ver

Wellington, of a pail of Dighton,
Ashley School and Charitable Fund, trustees incorporated.
Asylum for Indigent Boys, Boston, surrender of boys provided for,
Asylum for the Blind, New-England, incorporated,
Athen^um, Worcester County, incorporated,
Athol, land and inhabitants confirmed to, .

part of New Salem annexed to, . . . .

Attleborough and Wrentham, boundary line between, established.
Attorney, County, for Suffolk, salaiy, . . . . .

807
821

747
110
173
107
415
179
184
789

58
492
163
255
125
786
876
807
82]
827

49

B.

Babbit, Snellem, authorized to sell ministerial lands in Savoy, Clarksburgh,
Florida and Munroe, .......

Bailey, A. & C, annexed to Cohasset,

Baker, Ebenezer, authorized to dispose of real estate hi Charlestown,

Ballough, S. and childi-en, names changed to Goodwin,

Bank, American, incorporated,

authorized to increase capital,
Andovcr, incorporated,
Asiatic, incorporated, ....

authorized to increase capital,
time extended for pajing additional capital,
amoiuit of capital fixed,
capital reduced,
Atlantic, incorporated,
Barnstable, mcorporated,
Bedford Commercial, capital increased,
Blackstone, incorporated,
Boston, capital further reduced,

South, incorporated,
Brighton, incorporated,

allowed further time to pay in capital,
act of incorporation repealed.
Bunker Hill, incorporated,

authorized to issue increased amount of bills,
Cambridge, incorporated, ....

405
110
496
696
176
562
443
222
454
512
591
843
613
291
337
329
834
570
678
724
878
361
400
450

INDEX

891

Bank, Central, incorporated, ....

time for paying in capital extended.
City, Boston, increase of capital authorized,
Cohannet, incorporated,
Columbian, powers enlarged.
Commercial, capital reduced,
Cormnouwealth, incorporated,
Danvers, incorporated,
Dedliam, authorized to lay assessment.
Eagle, powers enlarged.
East Bridgewater, incorporated.
Exchange, Salem, incorporated,

increase of capital authorized,
capital reduced, .
Fall River, incorporated,

capital increased.
Farmers, in Belchertown, incorporated,

act of incorporation repealed,
Franklin, in Boston, incorporated,

in Greenfield, capital increased, .
Globe, incorporated, ....

capital increased,
Gloucester, authorized to mcrease capital,
Greylock, incorporated,
Hamilton, incorporated,
Hampden, incorporated,
Hampshire Manufacturers, mcorporated,
Hingham, incorporated,
Housatonic, incorporated,

allowed further time to pay in capital,
India, incorporated, ....

time for paying in capital extended,
Leicester, incorporated,
Lowell, incorporated,

increase of capital authorized.
Manufacturers and Mechanics, in Nantucket, incorporated,

in Boston, name changed and capital
I'educed,
Mechanics and Traders, Boston, incorporated,
Salem, incorporated,

time for paying in capital extended,
Mendon, incoi-porated, ......

allowed further time for paying in capital,
Mercantile, in Salem, incorporated, ....

Merchants, in Boston, incorporated, ....

time for paymg in capital extended,
in New Bedford, incorporated,

authorized to increase capital,
in Salem, allowed to increase capital stock,

714

758
168, 513
793
204
844
181
308
184
207
651
38
98
848
289
551
310
878
660
552
218
532
681
675
670
339
303
667
298
411
690
728
459
697
796
324

845
173
557
681
139
295
437
622
728
342
601
200, 418

892

INDEX.

Bank, Merchants, in Salem, allowed furtlier time to pay in additional capita
Millbury, incorporated, .....
Nashua River, incorporated, ....

of Norfolk, in Roxbuiy, incorporated, .
North, incorporated, . . . .

increase of capital authorized,
Oxford, incorporated, .....

Salem, increase of capital authorized,
Southbridge, incoqiorated, . . .

Springfield, authorized to increase capital,
Suffolk, authorized to increase capital,
Sunderland, incorporated, ....

authorized to issue increased amount of bills,
Sutton, incorporated, .....
tune for payuig in capital extended,
act of incorporation repealed,
Taunton, authorized to uicrease capital stock,
Tremont, Manufacturers and Mechanics, name changed to,
Union, authorized to hold increased amount of real estate,
Washington, in Boston, incorporated,
Banning, Jeremiah, authorized to build a whaif in Edgartown,
Baptist Education Fund, division of, authorized,
Barnstable, neat cattle forbidden to go at large on Province Lands
extra term of the Court of Sessions authorized,
act relating to the public records of the county,
time enlarged for comi)leting the records,
Barton Point Association, in Boston, incorporated,
Batrd, Abel, authorized to work floating tide mill at Point Shu'ley Gut,
Berkshire Medical Institution, incorporated,

grant to, • . .

privileges of graduates of,
further powers granted to,
Berkshire High School, proprietors of, incorporated.
Billingsgate Island, pait of, ceded to the U. S. for a light house,
Bolton, pai-t of Marlborough annexed to, .

Boston Asylum for Indigent Boys, surrender of boys provided for,
Boston, City of, actions form of under by-laws.

Aldermen, vacancies in the boai'd of, how filled.
Boundary line between, and Brookline, established,
Bridge, Free, established m.
Buildings, construction of, regulated.
City Coimcil empowered to assess coimty taxes,
Faneuil Hall Mai'ket, extension of, authorized,
Fh-e, protection of, against, provided for.
Fire Depaitmeut established in, .

how and ^^ hen members shall be exempt

ed from militaiy duty,
Chai'itable Association of, incorporated,
House of Correction regulated, ....

481
348
724
430
364
727

53

5f)
711
720
488
300
436
693
758
835
597
845
453
286
840

96
386
591
673
741
316
560

33
191
191
535
768
1
747
125
212
212
260
276,424
564

68
194
564
360

532,792
826
211

INDEX. 893

Boston, City of| House of Industry, choice and duties of Directors of, . 40

Directors of, empowered to bind out

children, .... 540

House for Reformation of Juvenile Offenders in, establislied, 464
Ai)peak, from sentences of Police Court in cases
arising under the act for establishing, allowed

to Municipal Court, . . . 811

Lamps in, regulated, ..... 313

Land annexed to Ward No. 6, in, . . . 413

Lumber, survey of in, provided for, . . . 839

Mayor, election of, in certain cases, provided for, . 847
Mayor and Aldermen may increase the number of engine

men, .... 36

to be surveyors of highways in, . 84
may be elected surveyors of high-
ways in, .... 96

may appoint places for ward meet-
ings, .... 84

Municipal Court, selection of j mors for, ... 7
appeals to, from Police Court, allowed
in cases under the act for the reforma-
tion of juvenile offenders, . . 811
Officers in, time of then- election altered, . . . 229
Police Court, empowered to commit vagrants, . . 40
jurisdiction hi cases under the license laws

extended, ..... 880

Police officer, provisions for election of, . . 84

Protection of, against fire, . . = . . 564

Voters, lists of when to be prepared, ... 84

Windows in roofs permitted, .... 821

Wooden buildmgs in, erection of, regulated, . . 9, 564

Boston and Concord Boating Company, incorporated, ... 84

Boston Marine Railway Company, mcorporated, . . . 377

Boston Mechanics' Institution, incorporated, .... 575

Boston, Port Society of, and vicinity, incorporated, .... 777

Provident Institution for Savings in, authorized to subscribe to bank

stock, ........ 260

Boston and Roxbury Mill Corporation, authorized to widen then- dam, 28

Boston and Stoneham Marble Company, incorporated, . . 590

Boston Water Power Company, incorporated, .... 210

Boxford and Rowley, line between altered, .... 338

BoYLSTON Medical Society, incoi-porated, ..... 105

Braintree Lyceum, proprietors of, mcorporated, . . . 739

Braintree School Fund Committee, incorporated, , . . 400

Bridge, Nathan, authorized to sell real estate in Charlestown, . . 158

Bridge, Bass River, Lower, Yannouth to Dennis, incorporated, . . 50

Boston, South, repeal of provision in former act, . . 883

Canal, may purchase lands of Lechmere Point Corporation, . 11

Connecticut River, tolls increased, .... 212

894

INDEX

Bridge, Dartmouth, incorporated, ...

Dracut to Chelmsford, over Merrimack river, estabUshed,

Foster North River, between Scitnate and Marshfield, uicorporated,

Free, in Boston, estabHshed, .....

Merrimack, over Merrimack river, between Haverhill and Newbu
ry, may be rebuilt, ......

Newbuiyport, proprietors oi, incoqiorated,

width of road on Salisbuiy side regulated,

Northampton, tolls increased,

proprietors of, authorized to erect a bridge.

North river, between Scituate and Marshfield, established,
between Hanover and Pejnbroke, authorized,

Parker river, in Newbiuy, company incorporated.

Plumb island, height of arch altered,

Scituate to Cohasset, Farm Neck, established,

Sunderland, tolls increased, ....

Warren, established, .....

Waterto^\ai to Brigiiton, across Charles river,
Bridgewater, gore of land in, annexed to Halifax,
Brighton School Fund, proprietors of, incorporated,
Bristol Countt Agricultural Society, incorporated,
Bronson, J. & L. Hare, annexed to Egremont,
Brookline, boundary line between, and Boston, established,
Brookline Classical School, proprietors of, incorporated.
Bunker Hill Monument Association, incoi-porated,

aid gi-anted to, .
BuRLET Education Fund, in Ipswich, trustees of, incorporated,
Butler, Charles, authorized to build a wharf in Edgartown,
Butler's Row, m Boston, i)roprietors of, incorj)orated.

610
273

493
276,424

689
448
470
212
380
251
480
537
319

34

212

700

9

179

37
113
173
260
103

95
280
320
840
390

c.

Cambridge, authorized to establish a board of health, . . . 529

Cambridge and Medford, transportation of gunpowder through, regulated, 597

selectmen authorized to appouit hook and ladder men, . 815

Canal, Blackstone, incoi-porated, ...... 16

powers enlarged, ..... 141

appraisal of damages further regulated, . . 424
companies in Massachusetts and in Rhode Island

united, ....... 513

Central Locks and Canals, on Connecticut River, incorporated, . 663

From Hale's Mills to Little River Bridge, ui Haverhill, authorized, 378

fiuther time allowed for

the completion of, . 873

Hampshire and Hampden, incorporated, .... 42

tolls, votes, and uidividual liabilitA-, . 320
authorized to construct a canal from North-
ampton to nortli line of the State, . 702

INDEX. 895

Canal, Hampshire and Hampden, transfer of shares regulated, . . 829

Massachusetts Bay, contained, ..... 139

Merrimack, further time allowed for its completion, . . . 200

Quincy, proprietors of, incorporated, .... 305

Carver, part ofj annexed to Wareham, ..... 492

Imrning of coal pits in woodlands, regulated, . . . 22, 634

Cattle Fair Hotel, in Brighton, proprietors of, incorporated, . . 886

Cattle, not to go at lai'ge on province lauds in Barnstable, . . 386

Central Locks and Canals, on Connecticut river, proprietoi's of, uicorporated, 663

Central Mills, uicorporated, ...... 657

Charlestown, acts respectuig buildings in, repealed, . . . 181

sidewalks in, regulated, ..... 205

fire department in, established, .... 813

transportation of gunpowder in, regulated, . . . 250

regulation of police on 17th June, 1825, . . . 312
U. S. authorized to purchase additional land in, for Navy

Yai-d, 319

Selectmen may appoint additional engine men, . . 479

Trustees of the poor's fund in, incorporated, . . 346

authorized to choose assistant assessors, . . . 395

Chelsea, site in, ceded to the U. S. for a maruie hospital, . . . 464

tract of land in, ceded to the U. S. for a naval hospital, . 629

CnoppEquiDic Island, Indian line fence, how maintamed, . . . 785

City Hotel, in Boston, proprietors of, incorporated, . . . 268

limitation in act of incorporation, repealed, . . . 282

Clarksburgh, sale of ministerial lands in, authorized, . . . 405

Clerk of the Justices' Court of the County of Suffolk, duties of, 7

Coal Pits, burning of, in Plymouth, Kingston, Carver, Wareham, and

Sandwich, regulated, .... 22, 312, 634

Coffin's, Admiral Isaac, Lancastrian school at Nantucket, incorporated, . 495

Sir Isaac, Lancasterian school at Nantucket, incorporated, 573

Concord Mill Dam Company, incorporated, .... 782

Coney, D., annexed to Wai-e, ...... 58

Costs, payment of, in criminal prosecutions in Suffolk, provided for, . 381
Court, Mmiicipal, of the city of Boston, adjournment of, and attendance of

jurors, ........ 8

Police, of the city of Boston, power to commit vagrants, . . 40

clerk of, to be clerk of Justices' Court, 7
jurisdiction in cases under the license

laws, ..... 880

Court of Sessions in Hampshire, extra term of, authorized, . . 16
Sessions in the county of Middlesex, empowered to authorize the

erection of a bridge over Charles River, ... 9
Crane, Elijah and others, authorized to build a dam across Saggamore Creek, 522
Crocker, Samuel and others, authorized to build a dam across Taunton

Great river, ........ 31

896

INDEX

D.

Danvers, fire department in, established, ....

town meetings in, further regulated, ....
Dartmouth and Westport, dividing line between, altered,
DiGHTON and Wellington, division line between, established,

united, .....

to remain distinct corporations, certain time,

Wellington revived,
DiMMicK, David, authorized to build a wharf in Sandwch,
Dock Corporation, Marine Elevating, established,

number of shares increased.
Dumpling Rock, ceded to the U. S. for site of a light house, .

887
517
632
163
397
539
591
756
717
722
734

E.

East Bridge water, incorporated, ...... 112

Eastern Harbor Meadows and Beaches, in Truro, proprietors of, incor-
porated, ........ 238

Easthampton and Southampton, dividing line between, altered, . . 594
East India Marine Hall Corporation, in Salem, established, . 198
Easton Grammar School and Chapel, incorporated, . . . 142
Easton Lead and Silver Mining and Manufacturing Compant, incorpo-
rated, ........ 263

Edgartown Harbor, site for a light house at, ceded to the U. S., . . 734

Edgartown and Tisbury, boundaiy line between, established, . . 820

Engine Men in the City of Boston, number may be increased, . . 36

Essex County, county prison may be used for house of correction, . 440

Com! of Sessions in, authorized to hold an extra term, . 489

Essex Marine Railway, incorporated, ..... 374

Essex Mill Corporation, established, ..... 14

Exchange Coffee House, in Boston, proprietors of, incorporated, . 510

Eye and Ear Infirmary, Massachusetts Charitable, incorporated, . . 526

F.

Faneuil Hall Market, extension of, autliorized, . . . 194

Farmers Hotel in Brighton, proprietors allowed further time to erect

hotel, ......... 232

Farm Neck INIarshes, in Scituate, proprietors incorporated, . . 264

Female Classical Seminary, in Brookfield, incorporated, . . 380

Fifty Associates, name changed to, from Musemn Hall, . . . 103

Fire, protection of Boston against, ..... 564

Fire Department, in Boston, established ..... 360

members to produce certificates to command-
ers of militia companies, . . 532
members exempt from militia duty after seven

years service, .... 792

INDEX.

897

Fire Departme.nt, in Boston, Charitable Association of, incorporated, . 826

Charlestown, established, .... 813

Danvers, established, .... 887

Lowell, established, ..... 821

Marblehead, established, .... 801

Newburyport, established, .... 830

Roxbuiy, established, .... 850

Springfield, established, .... 832

Fishery in Aggawam river, regulated, . ... 534

Alewive river, in Weymouth, regulated, .... 354

Braintree, destruction of pickerel prevented, . . 38

Bridgewater, shad and alewive, in Titicut River, regulated, . 248

Canton, destruction of pickerel prevented, ... 38

Charles river, in Watertown and Brighton, united, . . 515

Chilmark, lobster, &c., regulated, .... 262

Congamou Ponds, in Southwick, regulated, . . . 525

Dighton, oyster, regulated, ..... 545

Edgartown, lobster, &c., regulated, .... 262

hai'bor, with seines, prohibited, . . . 499

Falmouth, lobster, &c., regulated, .... 372

Gloucester, lobster, regulated, ..... 189

Hai-wich, alewive, regulated, ..... 271

eel, regulated, ..... 240

Hoosick river, in Williamstown and Adams, regulated, . . 42

Ipswich river, fishways discontinued at Danvers Cotton Factory, 113

at the fording place between Ipswich and Hamilton, 191

in Ipswich, regulated, .... 267, 385

alewive, regulated, ..... 824

Lincoln, in ponds, regulated, ..... 171

Maiden, shad and alewive, regulated, .... 794

Mattapoisett river, in Rochester, regulated, . . . 825

Merrimack river, at mouth of Shawsheen, former acts repealed, . 58

Neponset river, in Dorchester and Milton, regulated, . 116

Randolph, destruction of pickerel prevented, ... 38

Russell pond, in Russell, destruction of trout prohibited, . 843

Saugus river, shad and alewive, regulated, . . . 161

Taimton great river, regulated, .... 30

at King's bridge, passage ways provided for fish, 830

Tisbuiy, lobster, regulated, ..... 262

seining prohibited, ..... 848

Titicut river, shad and alewve, regulated, . . . 382

Truro, lobster and clam, regulated, .... 246

West Cambridge, former act regulating, repealed, . . 77

Westport, oyster in Acoxet river, regulated, . . . 413

Florida, sale of ministerial lands in, authorized, .... 405

Franklin County, towns in, authorized to associate for the support of their

poor, ........ 533,645

Friends, yearly meeting of, for New England, incorporated, . . 645

898

INDEX

G.

Gas Light Company, Boston, incoi-porated, ....

Massachusetts, incorporated,
Gerry, Robert, authorized to use tide waters between Chelsea and Deer

Island, for working mill, ....

Gibson, Samuel, set oifffroni Fitchburg find annexed to Ashby, .
GiLLPATRicK, Christopher, name changed to Gill,
Glover, Ezra, authorized to build a dam across Saggamore Creek,
Goose Cove, in Gloucester, highway over, authorized,
Granbt, dividing line between, and South Hadley, altered,

established,
and South Hadley, dividing line between altered again,
Greene Foundation, Trustees of, incoi-porated,

doings of, confirmed, .
Grinnell, Charles, and others, proprietors of Piu-chase sti-eet school house
in New Bedford, incorporated, .....

Gunpowder, transportation of, tlu-ough Cambridge and Medford, regulated,

in Chai'lestown, regulated,
and deposit of, in Salem, regulated.

31

33G

5(i0
793
369
522
847
207
475
580
165
208

179
597
250
402

H.

Hale, Ezekiel, authorized to open a canal from Hale's Mills to Little river

bridge, ....... 378

allowed further time to complete canal, . . . 873

Hampshire, extra term of the comt of sessions autliorized, . . 16

HoLLiSTON AND Medway, line between, altered, .... 796

Holmes Hole Harbor, moorings in, authorized, . . . 757

Hopkins, Edward, trustees of the chai-ity of, incorporated, . . . 563

Hopland School District, m Lee, may be divided, . . . 825

Horticultural Society, Massachusetts, incorporated, . . . 814

HousEWRiGHTS ASSOCIATED, iu Bostou, incorporated, ... 1

House of Correction, in Boston, general provisions for the regulation of, 211

Indians and People of Color, in Dukes county, government and instruc-
tion of, ........ 682

Institution for Savings, in Boston, authorized to subscribe for bank stock, 260

Fall River, incoi-porated, . . . 694

Haverhill, incorporated, .... 605

Lowell, incorporated, .... 755

Ljoin, incorporated, .... 477

New Bedford, incorporated, . . . 314

Plymouth, incorporated, .... 721

INDEX

899

Institution for Savings, in Roxbury, incorpomtorl,

Salisbury and Ainesbui'y, incorporated,
Springfield, incorpoi-ated,
Taunton, incoq)orated,
Warren, in Cliarlestown, incorporated,
Worcester county, Lncoi*porated,
Insurance Company, iEtna, incorporated, ....

American, iii Salem, incorporated,
Atlantic, incorporated, ....
Atlas, incorporated, ....

powers enlarged,
Becket Mutual Fire, incoi-porated,
Berkshire Fire, incorporated,

Beverly Marine, time for paying in capital extended,
Boston, incorporated, ....

Boston Fii'e Department, incoi-porated,
Boston Marine, may hold larger amount of real estate

eligibility of duectors,
Boston Mechanics' and Traders', incorporated,
Boston and Salem, incorporated,
Boylston Fii'e and Maruie, incorporated,
Bradford Mutual Fire, incorporated,
Bristol County Mutual Fire, incorporated,
Cape Cod Fire and Marine, incorporated,
Commercial, Boston, mcorporated,
Commonwealth, incorporated,

number of directors increased,
Danvers Mutual Fire, incorporated.
Eagle, capital increased,
Essex Fire and Mai-ine, continued,
Essex Mutual Fu-e, incorporated,
Franklm, mcorporated,
Franklin Mutual Fu-e, incorporated.
General Literest, Boston, incorporated,
Globe Fire and Marine, incorporated,

allowed further tune to pay in
capital,
Gloucester, incoi-porated,
Hampshu-e Mutual Fire, incorporated,
Hatfield Mutual Fu-e, incorporated,
Hingham Mutual Fire, incorporated,

powers enlai-ged,
Hope, incorporated,
Lyim Mutual Fire, incorporated.
Manufacturers, Boston, powers enlarged, .
Marblehead, continued,
Marblehead Social, further time allowed for paying

capital, ....,,
Mariner's, incorporated.

262
G32
579
505
759
607
352
233
852
135
202
842
581
490

93
772
545
601
155
81, 240
296
659
750
456

70
185
214
811
232

57
803

63
619

75
151

247, 820
634
840
775
446
499
873
630
202
66

215

78

900

INDEX

Insurance Company, Massachusetts Fire, authorized to hold additional real

estate, ...... 279

Massachusetts Hospital Life, investment of funds, 113
choice of president and
agreement with General
Hospital, . 124
Massachusetts Mutual Fire, investment of funds, . 115
choice of directors and in-
vestment of funds, . 807
Mercantile Marine, incorporated, ... 86
Mercantile, in Salem, incoi-jiorated, . . . 236
Merchants', m Boston, authorized to hold additional

amount of real estate, . . . 430
Merchants', in Salem, incorporated, ... 68
Merchants', in New Bedford, incorporated, . 355
Merrimack Mutual Fire, incorporated, . . 617
Middlesex Mutual Fire, incorporated, . . 419
may insure all kinds of pro-
perty, . . . 719
Nantucket Phoenix, time of dividend changed, . 1^
Nantucket Union Maiiue, contuiued, . . . 184
authorized to reduce capital, 826
Newbui-yjiort Mutual Fire, incorj)orated, . . 747
New England Domestic, incorporated, . . 73
New England Mai'ine, continued, ... 77
authorized to hold additional

real estate, . . 274

Norfolk Mutual Fire, incoi-porated, . . . 244

Ocean, incorporated, .... 835

Oriental, Salem, incorporated, . . . 215

Phoenix Fire, in Boston, incoi-porated, . . 586

Plymouth Coimtj' Mutual Fire, incorporated, . 640

Provincetown Fire and Marine, mcorporated, . 808

Roxbury, incorporated, .... 408

Roxbuiy Mutual Fu-e, incorporated, . . 503
Salem Firemens', incorporated, . . . 741
Springfield Fire, incorporated, ... 90
Springfield Mutual Fu-e, incorporated, . . 522
authorized to insiu-e in Hamp-
shire and Franklin comities, 602
State, incorporated, .... 627

Suffolk, may hold mcreased amoimt of real estate, . 208

Union, continued, ..... 72

Union Mai'ine, continued, .... 102

United States, mcorporated, . . . 282

capital stock increased, . . 320

reduced, . . 423

Washington Fire and Marine, incorporated, . . 148

West Newbury Mutual Fire, incorporated, . 608

INDEX

901

Insurance Company, Worcester Mutual Fire, incorporated,

powers enlarged,
Ipswich River, T. Manning authorized to build a darn across,

179
190

J.

Jurors for the City of Boston, provisions respecting, ... 7

Juvenile Offenders, house for retbrmatiou of, in Boston, established, 464
party aggrieved may appeal from Police to Municipal

Court, . . . . . . 811

K.

Kingston, burning of coal pits in woodlands, regulated,

Knowles, Seth, authorized to sell real estate,

Kutta Hunk, cession of part of, to the U. S. for a light house.

22,634

397

12

Lane's Cove Pier Company, incorporated, .... 636

Lechmere Point Corporation, revived, ..... 11

Lee, Hopland school district in, may be divided, &c., . . . 825

Liberty Square Warehouse Company, incorporated, . . . 370

may apply rents and profits to re-
pair of buildings, . , 471
Lobsters, taking of, in Chilmark, regulated, ..... 262

Edgarton, regulated, .... 262

Falmouth, regulated, .... 372

Gloucester, regulated, .... 189

Tisbury, regulated, ..... 262

Truro, regulated, .... 246

Locks and Canals, on Merrimack river, proprietors authorized to purchase

real estate, ........ 228

Long Point, in Provincetown, land on, ceded to the U. S. for a light house, 489

Long Wharf, in Boston, improvement of, authorized, . . . 197

proprietors may hold it in their corporate capacity, . . 404

Lowell, town of, incorporated, ...... 401

fire department established in, .... . 821

Lynn, institution for savings, incorporated, .... 477

Mechanic hall in, proprietors of, incorporated, . . . 188

Lynn Mill Dam, propi-ietors of, incorporated, .... 778

Lynn, selectmen of, authorized to appoint hose men, . . 803

M.

Manning, Thomas, authorized to erect a dam across Ipswich river.

190

902

INDEX.

Manufacturing Corporation, Amesliiiry flanuel, Incorporated,

Ames paper, iiicorjjorated,

Annawan, incorpoi-ated,

Appleton, incorporated,

Belviderc, incorporated,

Bernis, incorporated,

pro\nsion in favor of fire engine,

Bolivar, incoi-porated,

Boston Beer, incorporated,

Boston and Braintree copper and brass, incorporated

Boston and Braintree coj)per and brass, name changed

Boston Brewery, incorj)orated,

Boston and Canton, incorporated,

authorized to increase capital,

Boston Chemical, incorporated,

location altered,

Boston Copper, incorporated, .

Boston and Brainti-ee copper and brass,
name changed to, .

Boston cordage, incorporated,

Boston flint glass, incorporated,

Boston gas light, mcorporated,

Boston glass bottle, incorporated,

Boston and Gloucester granite, incorporated,

Boston and Ipswich lace, incorporated,

Boston iron, incorporated,

Boston lead, incorporated,

Boston and Lowell, incorporated,

Boston and Sandwich glass, incorporated,

Boston and Springfield, incorporated,

increase of capital authorized,
name changed and powers
enlai-ged,

Boston and Stoneham mai'ble, incoi-porated,

Boston tj^e and stereotj^jc foimdiy, incorporated,

Boston water power cordage, incoi-porated,

Bottomley, incorporated,

Brauitree, iucoi-jiorated,

Bridgewater cotton gin, incorporated,

Bridgewater h-on, incorporated.

Canal, incorporated.

Canton, incorporated, .

Centi'al IMill, incorporated,

Chai'lestown Bleachery, powers and capital enlai'ged
capital increased,

Chatham and Harwich, incorporated,

Chelmsford glass, incorporated,

Chickapee, Boston and Springfield, name changed to.

City, incorporated.

11

496
230
G02
56
.'^00
718
329
595
233
408
488
218
744
610
681
153

408
21

839
31

482
776
131
2
785
780
396
36
354

542
590
369
723
498
121
368
329

96
805
657

97
259
492
719
542
5

INDEX

903

Manufacturing Corporation, Columbian, incorporated,

C)-owii and Eagle Mills, proprietors of, incorporated,
Danvers cotton factoiy, incorporated, .

fishways discontinued at, .
Diamond, incorporated, ....

Dighton, incorporated, ....

Douglas, incorporated, ....

Dudley, woollen, incorporated,
Duxbury, authorized to do business at Marslifield,
Easton, lead and silver mining and manufacturing, in-
corporated, .....
East Bridgewater, incorporated,
East Medway, incorporated,
Elliot, incorporated,
Enfield, incorporated, ....
Fall River, authorized to hold increased amount of

estate, ....

Fall River iron works, incorporated,

authorized to build a wharf on
Taunton river,
Grafton, mcorporated,
Gi'eenfield, incoi-porated,
Green River, incorporated,
Hadley Falls, incorporated,
Hamilton, incorporated,

authorized to increase capital,
Hampden Brewery, incorporated,
Hampshire, incorporated,
Hingham Umbrella, incorporated,
Ipswich, incorporated,
Kmgston, incorporated.
Lead Pipe, incorporated,
Leicester, incorporated,
Lmen and duck, reorganization authorized.
Lowell, incorporated,
Lowell Brewery, incorporated,
Lynn Printing, uicorporated,
Lynn Wire, authorized to organize anew,
Mansfield Union cotton and wool, incorporated,
Massachusetts gas light, incorporated,
Massic Falls, uicorporated,
Merrimack, capital increased, .
Middlesex iron founding, incorporated,
Middlesex union, incorporated,
Mount Pleasant cotton and woollen, incorporated,
Mumford river, incorporated,
Neponset, incorporated,
New England, incoi-porated,

353
880
221
113
780
5
605
134
373

263
643
578
101

387

737

232

876
879
767
335
562
227
597
416
756
231
721
718
724
97
97
604
696
393
337
122
336
752
105, 719
131
602
354
723
596
332

904

INDEX

Manufacturing Corporation, New England crown glass, incorporated, . 130

New England glass bottle, incorporated, . 385

New England lace, incorporated, . . . 489

New England painted floor cloth, incorpoiated, . 739

New England soap stone, incorporated, . . 729
Newburyport hosiery, incorporated, . . 259, 749

Ne^vton chemical, incorporated, . . . 226

Newton factories, incorporated, • . . 116

Norfolk , bicorporated, .... 130

Northampton, incoi*porated, ... 49

North Adams cotton and machine, incorporated, 765

OiT, incorporated, ..... 644

Oxford woollen, incorporated, . . . 643

Pawtucket calico, incorjjorated, . . . 436

Plymouth cordage, incorporated, . . . 208

Plympton iron, incorporated, .... 229

Pontosack woollen, incorporated, . . 403

Quinnabaug, incorporated, .... 456

Revere copper, incorporated, . . . 737

Roxbui-y color and cliymical inanufactoiy, in corporated, 398

Salem Federal street breweiy, incorporated, . 738

Salem iron factory, amount of" real estate fixed, . 848

Salem laboratoiy, capital increased, . . . 259

Salem lead, incorporated, .... 147

Salisbury, name changed to, from Salisbury woollen, 414

Salisbury woollen, incorporated, ... 36
increase of capital, and change of

name authorized, . . 414

V Saugus river bleaching and printing, incoi-porated, . 588

Saxon cotton and woollen, incoi-porated, . . 804

Saxon factory, incorjjorated, .... 129

Saxon and Leicester, incorporated, . . 231

She})herd woollen, incorporated, . . . 368

South Boston crown glass, incorporated, . 133

South Boston flint glass works, incorporated, 259

South Boston iron, incorporated, . . . 500

Springfield Ames paper, incorporated, . . 496

Springfield card, incorporated, . . . 382

Swansey paper, incorporated, . , . 720

Swifl river, incorjjorated, .... 341

Taunton, incorporated, .... 34

Three Rivers, incorporated, .... 367

Tufts, incorporated, .... 540

Uxbridge woollen, incorporated, . . . 580

Wales woollen, incorporated, . . . 749

Ware, authorized to mcrease capital, . . . 387

powers enlai'ged, .... 500

Wai'eham cotton mill, incorporated, . < . 396

Wareham iron, incorporated, . . . 593

INDEX. 905

Mancfactdbing Corporation, West Boylston, reorganization ofj authorized, 110

Westport, incorporated, .... 52

Williamsburg, incorporated, . . . 250

Williamstown, incorporated, .... 595

Willimansett, incorporated, . . . 744

Winchendon woollen, incorporated, . . . 479

Wolf Hill lead mine and, incorporated, . 545

Woodbridge, incorporated, .... 744

Worcester and Brookfield iron foundry, incorporated, 473

Marblehead Fire Department, established, .... 801

Marblehead Free School Association, incorporated, . . 62

Marlborough, part of, annexed to Bolton, ..... 747

Marine Elevating Dock Corporation, established, . , . 717

number of shares increased, . 722

Marshfield, authorized to preserve beach and meadows, . . 519

act for the preservation of beach and meadows, revived, . 792

Mechanic Hall, in Lynn, proprietors of incorporated, . . . 188

Medford and Cambridge, transportation of gunpowder through, regulated, 597

Medford, selectmen authorized to appoint hook and ladder men, . . 802

Medway and Holliston, line between, altered, .... 796

Mercantile Wharf Company, in Boston, incorporated, . . . 473

Merriam, T., and others, annexed to Grafton, .... 415

Methodist Episcopal Church, trustees of New England Conference of,

incorporated, . ....... 386

Middlesex Mechanics' Association, incorporated, . . . 335

Mill Pond Wharf, proprietors of, incorporated, .... 159

Ministerial Fund, Amherst, trustees of Congregational Union Society in,

incorporated, .... 542

Congregational Union Society in, appropria-
tion of funds made unalterable, . 583
Barnstable, Congregational, trustees mcorporated, . 598
Berkley, time of annual meeting of trustees altered, 501
fund to be under the control of the Congrega-
tional Society, .... 594

Boston, Trinity Church, Greene Foundation, trustees of,

incorporated, . . . 165

domgs of trustees confu-med, 208

Boxford, Fu'st Parish, trustees incorporated, . . 277

Boylston, First Congregational, trustees incorporated, 790

Bridgewater, South Parish, name changed to First Parish, 595

Canton, Baptist, trustees incorporated, . . . 764

Congi-egational, trustees incorporated, . 294

Duxbmy, Partridge, in Fu-st Parish, trustees mcorporated, 762

Foxborough, of the Parish in, trustees incorporated, . 169

Gloucester, First Parish, trustees incorporated, . 411

application of income, . 799

Fifth Parish, trustees incorporated, . 546

Hadley, Congregational, trustees mcorporated, . 166

906

INDEX.

Ministerial Fund, Haverhill, Baptist Religious, trustees incorporated,

First Parish, Congregational, estabUshed,
North Parish, estabhshed,
Holliston, trustees of Fames, incoi-porated,
Leicester, Congregational, trustees incorporated,
Longmeadow, First Parish, trustees incorporated,
Lynnfield, trustees Lncorjiorated,
Maiden, Congregational, election of trustees,
Medford, First Parish, trustees incorporated,
Millburj^, Congregational, trustees incorporated,
Pittsfield, trustees of, mcorporated, .
Reading, South Parish, trustees of, incorporated,

additional provisions,
Randolph, First Baptist, trustees incorporated.
North Baptist, trustees incorporated,
Rochester, Middleborough and Freetown, trustees of

Third Congregational Precinct, incorporated,
Rochester, Fourth Congregational Precuict, proprietors

incorporated, .....

Wendell, Fu'st Congregational, trustees mcorjjorated.
West Springfield, Second Parish, Agawani, trustees ui

corporated, .....
Worcester, Calvinist Society, trustees incorporated,
Wrentham, North Parish, Congregational Funding So
ciety, incorporated,

money not to be paid with
out order of trustees,
MoNAMOT Point, part of, ceded to the U. S. for a light house.
Monitorial School, in Boston, proprietors of, incoi-porated,
Monroe, sale of niijiisterial lands in, authorized,
MoNSON AND Palmer, boundaiy line between, estabhshed.
Museum Hall, name of the proprietors of, changed to Fifty Associates, and
their powers culai'ged, ......

09
24

58
764
201
105
358
650
556
648

12
117
209
518
275

347

373

98

6

497

109

346
102
200
405
609

103

N.

Nahant Hotel, proprietors of, empowered to purchase additional land.

23

Names Changed in the Political Year 1822, .

.

8,62

1823,

.

. 115, 137

1824, .

.

213, 266

1825,

.

. 342, 369, 433

1826, .

.

484,554

1827,

.

589,687,696

1828, .

.

736, 797

1829,

.

. 810, 883

Nantucket Lancastrian School, trustees of, incorporated,

3

Nantucket Lyceum, proprietors of, incorporated,

.

508

Nantucket, town treasiu-er, to be coimty treasurer.

.

157

New Bedford Institution for Savings, incorporated,

314

INDEX.

907

New Bedford, proprietors of Purchase street school house in, incorporated,
selectmen authorized to increase the number of engine men,
Newbury, land in, ceded to the U. S. for a breakwater,

Newburyport Fire Department, established, ....

Newburyport, Marine Society at, fui'ther regulations concerning.
New England Conference of Methodist Episcopal Chdrch, trustees

incorporated, ........

New England Museum and Gallery of Fine Arts, powers restored and

enlarged, ........

New Salem, part of, annexed to Athol, .....

New Salem and Shutesbury, dividing line between, altered,

valuation altered, ....

Newton, engine men may be appointed to engine of the Bemis Company,
Newton Theological Institution, incorporated,
NoBsquE Point, site for a light-house on, ceded to the U. S.,
Norfolk House, proprietors of, incorporated, ....

North Bridgewater and West Bridgewater, boundary line between,

established, ........

North Market Street Warehouse Company, incorporated,

179

230
757
830

386

129
821

184
596
718
394
734
528

226

462

P.

Palmer and Monson, boundary line between, established, . . . 609

Parish, Precinct, or Religious Society, Acton, First Universalist, incorporated, 228

Amesbmy, West, authorized to sell ministerial lands, . 771

Amesbury and Salisbury, First Congregational, incorporated, . 472

proprietors of meeting-house, incorporated, 603

Andover, South, divided, ..... 539

Andover, West, established, ..... 539

Ashfield, Protestant Episcopal of, St. John's Church, incorporated, 338

Attleborough, Second Precinct, conditions of membership, . 388

Barre, Evangelical Congregational, incorporated, . . 767

Belchertown, Baptist Religious, incorporated, ... 32

Berlin, Congregational, may tax pews, . . . 169

Bernardston, First Universalist, incorporated, . . . 145

Boston, Charles street Baptist, incorporated, . . . 758

Second Baptist, incorporated, .... 261

Christian, incorporated, .... 114

First Church, incorporation confii-med, . . . 791

Second Chm*ch and Society, incorporated, . . 132

Congregational, established in Green street, . . 476

Congregational, in Pitts street, incorporated, . 327

name changed, . . 476
Congregational, in Purchase street, incorporated, . 324
South Congregational, mcorporated, . . . 578
Methodist Religious, number of trustees and quorum re-
gulated, ...... 801

New Jerusalem, incoi-porated, .... 83

First Presbyterian Church, incorporated, . . 364

908 INDEX.

Parish, Pkecinct, or Religious Society, Boston, Twelfth Congregational,

incorporated, ....... 120

Boston, Central Universalist, incorporated, ... 29

Braintree, South, Lncoi-porated, ..... 771

proprietors of South Parish meeting-house, incorporated, 7G6
Bridgewater, East, name changed to First Parish in East Bridge-
water, ...... 222

North, name changed to First Parish in North

Bridgewater, ..... 56

Trinitarian Congregational Church, incorporated, 416

Cambridge, Third Congregational, iucorjjorated, . . 575

membership regulated, . 593
Methodist, trustees incoi-jjorated, . . 121
Fu-st Universalist, assessment of taxes, . . 837
Second Universalist, incoi-porated, . . 78
Charlestown, Fii'st, provisions in relation to membership and as-
sessment of taxes, .... 4

Methodist, quorum of trustees, . . . 513

Danvers, First Baptist, authorized to tax pews, . . . 404

First Unitarian, incorporated, . . . 333

Dedliam, South Church, incoi-porated, .... 196

South, proprietors of Congregational meeting-house,

incorporated, .... 816

Deerfield, First Congregational, organization authorized, . 248

use, and transfer of funds to Sec-
ond Pai-ish authorized, . 823
Dighton, First Baptist, incorporated, .... 154

Dover, Congregational, may tax pews, .... 66

Duxbuiy, Methodist Episcopal, trustees incorporated, . 126

First Universalist, incoi-porated, . . . 477

Edgartown, First Methodist Episcopal, incorporated, . 642

Falmouth, First Congregational, empowered to sell real estate, 146

Framingham, Fust Baptist, conditions of membership, . . 31

SaxouvUle, incorporated, . . . 524

Hamilton, First Congregational, incorporated, . . . 776

Hardwick, First Universalist, incorporated, . . • 215

Haverhill, Second Baptist, incorporated, .... 114

North Parish, authorized to sell pai'sontage lauds, 58
Christian Union, incorporated, . . . 207
Fii-st Universalist, incorporated, . . . 221
Hingham, proprietors of Fu-st Universalist meeting-house, in-
corporated, ..... 854

Lanesborough, St. Luke's, Protestant Episcopal, incoi-porated, 41

Leicester, Christ Church in, proprietors, incorporated, . . 253

Littleton, First Baptist, incorporated, .... 57

Longmeadow, Third, proprietors of meeting-house in, incorporated, 583
Lowell, proprietors of Fu-st Baptist meeting-house in, incorporated, 436
proprietors of Fu-st Congregational meeting-house in, in-
corporated, ..... 486

INDEX. 909

Parish, Precinct, or Religious Society, Lowell, proprietors of Second

Congi'egational meeting-house, incorporated, . . 746

Lowell, First Methodist Episcoj)al, incorporated, . , 517

proprietors of First Universalist meeting-house, incorporated, 730

Lynn, Second Congregational, incorporated, ... 10

pro])rietors of Second Congregational Church, incoi"porated, 111

First Parish, authorized to sell real estate, . . 210

Maiden, Congregational, meeting provided for, . . . 650

Marblehead, First Congregational, incorporated, , . 133

Methodist, trustees, incorporated, . . . 243

Marlborough, First Universalist, mcorporated, . . 160

Mai'shfield, North Parish, may tax pews, .... 107

Medford, Second Congregational, incorporated, ; . 192

First Methodist Episcopal, incorporated, . . 654

Methuen, First Baptist, incorporated, .... 172

First Parish, authorized to sell parsonage lands, . 766

Middleborough, Central Baptist, incorporated, . . 651

Thud Calvinistic Baptist, incorporated, . 345

Millbiuy, First Presbyterian, incorporated, . . . 507

Milton, Second Congregational, incorporated, . . . 763

Montgomery, Baptist, incorporated, .... 247

Nantucket, Methodist Episcopal, trustees incorporated, . . 23

Fu-st Universalist, incorporated, . . . 490

Natick, South, incorporated, ..... 649

New Bedford, Bedford Precinct, may tax pews, . . 163

name changed to First Congre-
gational Society ui New Bedford, 170
First Baptist, mcorporated, . . 655
North Congregational Church, incorporated, . 493
Fu'st Methodist Episcopal, incorporated, . 512
Newbury, Second, name changed to Fust Parish in West New-
bury, 129

Third, name changed to Second Parish in West New-
bury, . ..... 209

Newbury and Newburyport, Methodist Episcopal, trustees in-
corporated, ....... 540

Newton, Upper Falls, and proprietors of meeting-house, incoi-poi'ated, 656

Newton and WatertowTi, Universalist, incorporated, . . 536

Northampton, St. John's Church, incorporated, . . 761

Second Congregational, incorporated, . . 398
North Bridgewater, First, name changed to, from North, in Bridgewater, 56

Second Congregational, mcorporated, . 351

Northfield, Trinitarian, incorporated, .... 782

Oxford, proprietors of Fu-st Congregational meeting-house, mcor-
porated, ..... 879

Pawtucket, Congregational, incorporated, and may take donation, 612

provision as to E. Slack's donation, 646

Plymouth, Fh'st Univei'salist, incorporated, . . . 388

Plympton, First Universalist, incorporated, . . . 483

Reading, Third Congi-egational, incorporated, . . . 644

910 INDEX.

Parish, Precinct, or Religious Society, Richmond, Methodist Episcopal,

incorporated, ....... 472

Rochester, Middleborough and Freetown, Third Congregational

Precinct, trustees incorporated, .... 347

name changed to Rochester, Mid-
dleborough, and Freetown Con-
gregational Precinct, . . 476
Rowley, First, authorized to assess tax for enlargement of burial

ground, ...... 800

Roxbury, First, may tax pews and raise a fund, . . . 284

Third, assessment of taxes and estate, . . 844

Salem, Second Ba])tist, incorporated, .... 383

Branch Church, name changed to First Presbjterian Church, 197

Howard street Church, 719

Independent Congregational, in Barton square, incorporated, 224

First Methodist Episcopal, trustees incoi^porated, . 795

First Christian Union, incorporated, . . . 728

New Uuiversalist, incorporated, .... 485

Salisbury and Amesbmy, Congregational, incorporated, . 472

proprietors of meetmg-house, incorporated, 603

Salisbury, First Baptist, authorized to tax pews, . . 328

Sandwich, Calvinistic Congregational, repeal of part of former act, 470

Saugus, First Methodist Episcopal, incoi-porated, . . 629

South Boston, Methodist, trustees incoi-porated, . . 245

additional act concerning estate, . 270

Soutlnvick, Fu-st Baptist, incorporated, . . . 414

First Congregational, incorporated, . . . 318

Fu'st Episcopal, incorporated, . . . 336

Springfield, Fu-st Independent Universalist, incorporated, . 509

Sutton, First Baptist, incorporated, .... 816

St. John's Church, incorporated, .... 549

Taunton, Trinitarian Congregational, incorporated, . . 265

First Universalist, incorporated, . . . 261

Topsfield, Congregational, incorporated, . . . 175
Waltham, Second Religious, assessment of taxes, right of voting, &c,, 838

Wai-e, East Congregational, incorporated, . . • 745

Village meeting-house, incorporated, . . . 552

Westborough, Fu-st Baptist, mcmbeiship, . . . 159

West Newbury, First Parish, established, . . . 129

authorized to dispose of their par-
sonage lauds, . . . 534
Weston, Fu-st Baptist, incorporated, .... 27

First Methodist Episcopal, ti-ustees incorporated, . 783

Weymouth, Methodist Episcopal, trustees incorporated, . 552

Windsor, First Congregational, incorporated, ... 35

Worcester, Calvinist, incorporated, .... 231

Pawtucket, town of, incorporated, ...... 646

Paxton and Rutland, boundary line between, established, . . 759
Phillips Academy, in Andover, visitors of Theological Institution in, incorporated, 123

Pickerel, destruction of, in Braintree, Canton, and Randolph, restrained, 38

INDEX

911

Pigeon Cove Pier Company, in Gloucester, incorporated, . . . 481

Plymouth, fires in woodlands regulated, ..... 22, 634

Plymouth Harbor, beach and flats i)rotected, .... 532

Plymouth, part of, annexed to Wareliain, .... 492

Point Shirley Gut, use of floating tide mill at, authorized, . . 560

Poors' Fund, in Charlestowu, trustees incorporated, . . . 346

Poor, towns in Franklin county authorized to associate for the support of, . 533, 645

Province Lands, in Barnstable, neat cattle forbidden to go at large upon, 386

Provincetown, part of Truro annexed to, . . . . . 789

Queset and Town Rivers, proprietors of mills on, incorporated.

470

K.

Rail-road Corporation, Boston, Providence and Taunton, incorporated,
Franklin, incorporated,
Massachusetts, incorporated, .
Worcester, incorporated,
Railway, Boston Marine, incorporated, .....

Essex Marine, incorporated, ....

Granite, incorporated, ......

Salem Marine, incorporated, ....

Rehoboth, real estate of, divided with Seekonk,
RoBBiNS, Josiah, authorized to maintahi tide gates in Plymouth,
Round Hill Institution, proprietors of, incorporated,
Rowley and Boxford, line between, altered,
RoxBURY Female School, proprietors of, incorporated,
Roxbury, Fire Department established m, ....

RoxBURY Institution for Savings, incorporated,
Roxbury, selectmen authorized to increase the number of engine men,
Russell, preservation of ti-out in Russell pond,
Rutland and Paxton, boundary line between, established.

868
857
864
817
377
374
466
153
276
271
753
338
618
850
262
794
843
759

s.

Saggamore Creek, dam across, authorized, ..... 522

Salem Charitable Mechanic Association, incorporated, ... 2

Salem, deposit and transportation of gunpowder in, regulated, . . 402

Firewards authorized to appoint engine men, . . . 585

Salem Marine Railway, incorporated, ..... 153

Salem Mill Dam Corporation, established, .... 426

authorized to reduce width of gateway, . 482

Salem, election of school committee provided for, . . . 888
Sandwich, preservation of forests from fire, . . . .22, 312, 418

Sandy Neck, in Barnstable, land on ceded to the U. S. for a light house, . 489

Sargent's Wharf, extension authorized, .... 872

912 INDEX.

Savoy, sale of ministerial lands in, authorized, .... 405

School Committees, doings of simdry towns in choice of, confirmed, . 472

SciTUATE, proprietors of Farm Neck Marshes in, incorporated, . . 264

Seekonk, real estate of Rehoboth divided with, .... 276

Sheldon English and Classical School, of Southampton, incorporated, . 740

discharge of debts provided for, 824
Shutesbury and New Salem, dividing line between altered, . . 184, 596

Society, American Tract, name changed from New England Religious Tract, to, 123

Associated Housewrights, in Boston, incorporated, . . 1

Boston Mechanics' Institution, incorporated, . . . 575

Boston Tract, incorporated, ..... 453

Boston Seamen's Friend, incorporated, .... 768

Boylston Medical, iucorjjorated, .... 105

Bristol Countj^ Agi-icultural, incorporated, .... 113

Bunker Hill Monument Association, incorporated, . . 95

Charitable Association of the Boston Fu'e Depaitment, incorporated, 826
Columbian Charitable, of Shipwrights and Caulkers, of Boston and

Charlestown, incorporated, .... 35

Columbian, in Marblchead, incorporated, . . . 128

Evangelical Tract, incorporated, ..... 124

Franklin Typograpliical, incorporated, .... 254

Infant School, in Boston, incorporated, .... 781

Marine, at Newbm-j^iort, title of officers, &c., . . , 820

Massachusetts Charitable Eye and Ear Infirmar}-, incorporated, . 526

Charitable Mechanic Association, continued, . 390

Horticultural, incorporated, .... 814

Missiouaiy, continued and powers eidarged, . 28

Middlesex Mechanics' Association, incorporated, . . . 335

New England, ibr the promotion of manufactures and the mechanic

arts, incorporated, .... 406

New England Religious Tract, name changed to American Tract, 123

Northern Baptist Education, incorporated, . . . 849

Penitent Females' Refuge, iucoi-porated, .... 29

Port, of Boston and vicinity. Managers incorporated, . . 777

For the promotion of theological education at Cambridge, incoi-porated, 375

Religious Charitable, in the County of Worcester, powers extended, 1

Salem Charitable Mai'ine, incorporated, .... 506

Charitable Mechanic Association, incorporated, . . 2

for the moral and religious instruction of the poor, incorporated, 392

Taimton Female Chai-itable Association, incoi-porated, . . 788

Wadsworth Monument Association, incoi-porated, . . 315

Widows', in Boston, incorporated, ..... 734

Wobm-n Agricultural and Mechanic Association, incorporated, 832

Southampton and Easthampton, dividing line between, altered, . . 594

South Boston Association, act of incoi-poration continued in force, . 227

South Boston Mill Corporation, established, .... 561

South Brimfield, name changed to Wales, .... 630

South Hadley, dividing line between and Granby, altered, . . . 207

established, . 475

INDEX. 913

South Hadley and Granbv, dividing line between, altered again, . . 580
South Reading, repeal of clause in act of incorporation relating to bridges

over Ipswich river, ...... 281

Springfield, Fire Department in, established, .... 832

Springfield Institution for Savings iucoiijorated, . . . 579

Stage Coach Company, Boston and Providence, incorporated, . . 881

Eastern, incorporated, .... 882

Northern, incorporated, .... 856

Salem and Boston, incorporated, . . 799

Stockbridge, pait of, annexed to West Stockbridge, . . . 784

Stockbridge and West Stockbridge, line between altered, . . 821

Strait Pond Flats, in Cohasset and Hull, provisions for the preservation of, 875

Suffolk Hotel Company, incorporated, ..... 441

T.

Taunton Great Rivef, dam across authorized, .... 31

Taunton Institution for Savings incorporated, . . . 505
Taunton River, Fall River Iron Works Company, authorized to build a

wharf on, ....... 876

Theatre, Boston, additional provisions concerning shai-es, . . . 720
Theatrical Benevolent Fund, trustees incorporated, . . . 270
Theological Education, at Cambridge, society for the promotion of, incor-
porated, ........ 375

TiSBURY and Edgartown, boundary line between, established, . 820
Trees Grant, selectmen of Willianistown authorized to layout private ways in, 597

Tremont Theatre, proprietors incorporated, .... 586

Truro, lobsters and clams, taking of, regulated, .... 246

proprietors of Eastern Harbor meadows and beaches, incorporated, 238

pai-t of, annexed to Provincetown, ..... 789

Turnpike, Alford and Egremont, location of road altered, . . 170

Barre, erection of gate authorized, .... 125

authorized to erect gates and take half tolls, . . 380

Becket, annexation and discontuiuance of road, . . . 359

Cambridge to Watertown, established, . . . 204

Central, established, ...... 203

further time allowed for the completion of, . . 804

authorized to change location, .... 832

Gore, m Oxford, incorporated, .... 254

Hampden and Berkshire, established, .... 415

Hartford and Dedham, part of road discontinued, . . 417

Hoosac Mountain, incorporated, .... 525

further provisions concerning, . . 733

Massachusetts, Second, meeting, how called, . . . 878

Massachusetts, Fifth, gate in Fitchburg, authorized, . . 418

location of part of altered, . . 589

Massachusetts, Ninth, gate and rates of toll established, . 52

D

914 INDEX.

Turnpike, New Hampshii-e, Third, discharged from habihty to mauitain road

ill Towusend, ....... 388

Norfolk and Middlesex, incorporated, . . . 408

Pawtucket and Taunton, estabhshed, .... 441

Poutoosac, incorporated, ..... 372

authorized to cliauge route of road, . . . 738

acceptance of road provided for, . . . 829

Providence and Bristol, incorporated, .... 806

Salem, authorized to convey and purchase land in Chai'lestown, 319

Sterling, incorjjorated, ...... 323

Taunton and Providence, incorporated, .... 405

Tolland and Otis, incoi-porated, .... 332

Union, right of voting regulated, ..... 471

Watertown, incoqjorated, ..... 144

Wilkinsonville, established, ..... 417

Worcester, part of, in Roxbui-}', discontuiued, . . 383

u.

Union Wharf, extension of, authorized, ..... 779

United States, ])art of Billingsgate Island ceded to, for site of a light house, 1
autliorized to purchase additional land in Charlestown for

Navy Yard, 319

site for Marine Hospital, in Chelsea, ceded to, . . 464

site for Naval Hospital, in Chelsea ceded to, . . 629

Dumpling Rock, ceded to, lor site of a light-house, . 734

Kutta Hunk, pait of, ceded to, for site of a light-house, . 12
• Long Point, in Provmcetowu, site for a light-house on, ceded to, 489

Monamoy Point, part of, ceded to, for site of a light-house, 102

Ne^^l)ur^, land in, ceded to, fiw a breakwater . . 757

Nohsque Point, site for a light-house on, ceded to, . 734
Sandy Neck, m Bai-ustable, site lor a light-house on, ceded to, 489

w.

Wadsworth Mo.nument Association, incorporated, . . . 315

Wales, name of South Brimlield changed to, .... 630

Ward, J., and others annexed to Ashburnham, .... 126

Wareham, authorized to sell ministerial lands, .... 407

fires hi woodlands regulated, . . . . .22, 634

Wattuppa Reservoir Company, iucorjiorated, .... 483

Wellington and Dighton, chvision line between established, . . 163

united, ..... 397

to remain distinct corporations certaui time, . 539

Wellington, revived, ....... 591

Wesson, A. and J., annexed to Grafton, ..... 107

INDEX.

West Bridgewater and North Jjridgewater, boundary line between,

established, ........ 226

Westport Harbor, preservation of"IIorse-neck beach, . . . 157

Westport and Dartmodtii, dividing line between, altered, . . 632

West Stockbridge, part of Stockbridge annexed to, . . . 784

West Stockbridge AND Stockbridge, line between, altered, . . 821

Weymouth Aqueduct Corpokatiok, established, .... 276

Wharf, J. Banning authorized to construct one in the harbor of Edgartown, 840

C Butler authorized to construct one in the harljor of Edgartown, 840

Long, in Boston, enlargement of, authorized, . . . 197
proprietors authorized to hold it in their corporate

capacity, ..... 404

Mercantile, in Boston, incorporated, .... 473

Mill Pond, in Boston, proprietors incorporated, . . . 159

at Red Brook landing, in Sandwich, authorized, . . 756

Sargent's extension of, authorized, ..... 872

in Taunton river, m Troy, authorized, .... 876

Union, in Boston, extension of, authorized, .... 779

West Lidia, in Boston, proprietors incorporated, . . 454

Wright and Dame's, extension of, confirmed, . . . 880

WtLLiAMST(jw.\, selectmen of, authorized to lay out private ways in Trees Grant, 597

WoBURN Agricultural and Mkchanic As^ocIATlo^■, incorporated, . 832

Wooden Buildings in the City of Boston, .... 9,564,821

Worcester, appointment of engine men regulated, . . . 649

Centre School District in, empowered to raise money, . 127

to determine the mode of

warning future meetmgs, 393

Worcester Coal Company, incorporated, ..... 779

Worcester County, paid for use of house of correction, . . 190, 525

Worcester County Athen^um, incorporated, .... 876

Worcester Rail-road Company, incorporated, .... 817

Wrentham and Attleborough, boundary line between, established, . 827

Wright & Dame's Wharves, extension of, authorized, . . 880

Y.

Yearly Meeting of Friends, for New England, incorporated, . . 645

, j^;«

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