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Full text of "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 .^ 1 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and parts of acts, which have been repealed, are printed 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