liAWS
Commotttuealtib of Mussiuffmttts,
^ PASSED AT THE SEVERAL
SESSIONS OF THE GENERAL COURT,
BEGINNING MAY, 1825, AND ENDING MARCH-, 1828.
Puhlished agreeablt/ to a Resolve of IQth January, 1812.
VOL. X.
DUTTON AND WENTWORTH, PRINTERS TO THE STATE.
1828.
LAWS
OF THE
COMMONWEALTH OF MASSACHUSETTS,
PASSED BY THE GENERAL COURT,
AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE TWENTY-
FIFTH OF MAY, AND ENDED ON SATURDAY, THE EIGHTEENTH OF
JUNE, ONE THOUSAND EIGHT HUNDRED AND TWENTY-FIVE.
CHAP. L
An Act authorizing the Selectmen of the town of
Chaiiestown to regulate the Police in certain
cases.
-OE it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same, That the Select- power of Se-
men of the town of Cliarlestown be, and they here- lectmen.
by are authorized, to appoint as many special Po-
lice Officers, as they ma}^ think expedient, for the
preservation of the peace, and for the apprehend-
ing persons guilty of any breach thereof, on the
seventeenth day of the present, month of June;
which Police Officers shall be sworn to the faithful
discharge of the duties incumbent on them by such
appointment, and shall have the same power, as
is by the laws of this Commonwealth given to Con-
stables in the execution of the duties aforesaid,
including a power to command assistance.
[Approved by the Governor, June 16, 1825.]
F. & WOOD LANDS IN SAND. June 16, 1825
CHAP. II.
An Act to preserve the Forest and Wood Lands
from fire, in the town of Sandwich, in the
county of Barnstable.
When un-
lawful to set
fire, «Sic.
Penalty.
Use of pen-
alty.
Sec. 1. -tSE it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same, That from and
after the passing of this act, it shall not be law-
ful for any person to set fire or continue the same
to any coal-pit, for the manufacture of coal, in the
woods and forests of the town of Sandwich, or for
the purpose of burning the under brush, for clear-
ing up the lands within the limits of said town, ex-
cept from and after the first day of October to the
first day of March, in each year, and at no period
of the year, save as above excepted, shall fires be
allowed to be placed or continued in said town,
except said coal-pits be fired in the open fields,
and not less than sixty rods from any forest, for the
purposes above ex[)ressed, under the penalty of
what shall hereafter be provided in this Act.
Sec. 2. Be it further enacted, That if any person
or persons shall be found guilty of violating the
provisions of this law, or any owner of the land
upon which the fire shall be so set, consenting
thereto, or suffering the same to be done, he or
they shall forfeit and pay, on conviction thereof,
before any court of competent jurisdiction, the sum
of five hundred dollars, to be recovered by the Se-
lectmen of said town of Sandwich, for the use and
benefit of said town, for such offence, by indict-
ment or information, and shall furthermore be an-
swerable in damages to the individual j)roprietors
of land, whose wood lias been burnt by the viola-
tion of this law.
Sec. 3. Be it further enacted, Tliat tlie Select-
men of the said town of Sandwich, for the time
LAMPS IN CITY OF BOST. June 16, 1825. 5
beiiiff, be charced with the due execution of this Sci.ctmen
1 ' I 11 il • J A n /• charged with
law, and are hereby authorized to cause all fires the execu-
couimenced and continued for the purposes afore- ]!^°" *^^ ^^'^
said, contrary to tlie provisions of this act, to be
injmediately extinguished.
Sec. 4. Be it further enacted, That the act Repeal of
which passed on the fourteenth day of January, in
the year of our Lord one thousand eight hundred
and twenty-three, entitled, an act to regulate the
burning of coai-pits in the towns of Plymouth,
Kingston, Carver, and Wareham, in the county of
Plymouth ; and Sandwich, in the county of Barn-
stable, be repealed, so far as respects the town of
Sandwich, after the passing of this act : Provided, Proviso
nevertheless, that if any action or suit shall be
pending under the provisions of said act, at the
time of the passing of this act, they shall have day
and full legal effect, as though no repealing clause
respecting its operation on the town of Sandwich
had been inserted in this bill.
Sec. 5. Be it further enacted, That it shall not Unlawful to
be lawful for any person to carry fire from any ''^^'^ ^"^^
cabin or house in the w^oods of said town, without
carrying the same in some covered vessel, under
the penalt}- of twenty-five dollars, to be recovered
in the manner provided in this act.
[Approved hy the Governor, June 16, 1825.]
CILiP. III.
An Act for the regulation of Lamps in the City of
Boston.
Sec 1. 15e 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 publication of this act, it shall be lawful
LAMPS IN CITY OF BOST. June 16, 1825.
Empowered
to make con-
tracts, &c.
Fines, penal-
ties, &c.
Repeal of
Act.
for the Ma^^or and Aldermen of the City of Boston,
for the time being, to cause to be set up and affix-
ed such and so many lamps in the streets and oth-
er places in the said Cit}, for the purpose of light-
ing the same, as they may determine to be conve-
nient and necessary ; and the said Mayor and Al-
dermen are hereby empowered to make all neceS'
sary contracts, rules, orders, and regulations res-
pecting the said lamps, and the lighting and keep-
ing the same in repair; and the regulation and
preservation of the same, as they may deem most
for the benefit of said City.
Sec. 2. Be it further enacted, That whoever shall
wilfully, maliciously, carelessly, or wantonly break,
throw down, extinguish, or otherwise injure any of
the said lamps, or the posts, irons, or other furni-
ture to the same belonging, shall be liable to the
fines, penalties, and forfeitures which are provided
in and by an act entitled, " an act to prevent the
wanton destruction of lamps," made and passed on
the eighteenth day of February, in the year of our
Lord one thousand eight hundred and twenty-four,
to be recovered and appropriated in the manner
provided in said act.
Sec. 3. Be it further enacted, That the act enti-
tled " an act for regulating lamps already set up,
or that may hereafter be set up, for enlightening
the streets, lanes, alleys, or passage-ways in the
town of Boston, and to prevent the breaking or
otherwise damnifying the same, and also establish-
ing the method for paying the expenses that may
arise in supporting or maintaining said lamps," be
and is hereby repealed : Provided, the said act shall
remain in force as to all fines, penalties, and for-
feitures, which have been incurred prior to the
passing of this act, in and by virtue thereof.
[Approved by the Governor, June 16, 1825.]
NEW BEDFORD INSTITUT. Jtme 10, 1825.
CHAP. IV.
An Act to incorporate the New-Bedford Institution
for Savings.
Sec. 1. -DE it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same, That William Persons in-
Rotch, jun. Gilbert Russell, Cornelius Grinnell, "^^^^"^^^
Andrew Robeson, Hayden Coggshall, Benjamin
Rodman, John A. Parker, Eli Haskell, Richard
Williams, George Howland, Joseph Bourne, Abra-
ham Shearman, jun. William W. Swain, Thomas
Rotch, Thomas A. Green, Charles W. Morgan,
Samuel Rodman, jun. John B. Smith, William C.
Nye, Thomas S, Swain, William II. Allen, Lemuel
Williams, jun. John Howland, jun. Charles H. War-
ren, William P. Grinnell, Joseph Richetson, Charles
Grinnell, Nathan Bates, John Coggshall, jun. James
Howland, the 2d, and Gideon Howland, be, and they
hereby are incorporated into a Society, by the
name, style, and title of The New Bedford Institu-
tion for Savings, and that they and such others as
shall be duly elected members of the said Corpor-
ation, as in this act is provided, shall be and remain
a body politic and corporate, by the same name,
style, and title forever.
Sec. 2. Be it further enacted, That the said So- jyj receive
ciety and Corporation shall be capable of receiving deposits.
from any person or persons, disposed to obtain and
enjoy the advantages of said Institution, any de-
posit or deposits of money, and to use and im-
prove the same for the purposes, and according to
the directions herein mentioned and provided.
Sec. 3. Be it further eiiacted, That all deposits
of money received by the said Society, shall be by
the said Society used and improved to the best
advantage ; and the income or profit thereof shall
be by them applied and divided among the per-
NEW BEDFORD INSTITUT. June 16, 1825.
Power to e-
lect mem-
bers.
Have a com-
mon seal.
To sue and
be sued.
Place and
time of meet-
Power to e-
lect a Presi-
dent, &c.
May make
laws.
Proviso.
sons making the said deposits, their executors, ad-
ministrators, or assigns, in just proportion, with
such reasonable deductions, and the principal of
such deposits may be withdrawn at such times,
and in such manner as the said Society shall direct
and appoint.
Sec. 4. Be it further enacted, That the said So-
ciety and Corporation shall, at their annual meet-
ing in January, have pov/er to elect by ballot any
other person or persons as members of the said
Society.
Sec. 5. Be it further enacted, That the said So-
ciety may have a common seal, which they may
change and renew at pleasure, and that all deeds,
conveyances and grants, covenants and agreements
made by their Treasurer, or any other person by
their authority and direction, according to their
institution, shall be good and 's alid, and the said
Corporation shall, at all times, have power to sue,
and may be sued, and may defend, and shall be
held to answer, by the name, style, and title afore-
said.
Sec. 6. Be it further enacted, That the said So-
ciety shall hereafter meet at New Bedford, some
time in the month of January, annually, and as
much oftener as they may judge expedient ; and
any seven members of the said Corporation, the
President, Secretary, or Treasurer being one, shall
be a quorum, and the said Society, at their meet-
ings in January, annually, shall have power to
elect and choose a President, and all other such
officers, as to them shall appear necessary, which
officers so chosen, shall continue in office one year,
and until others are chosen in their room ; and all
officers so chosen, shall be under oath to the faith-
ful performance of the duties of their offices res-
pectively.
Sec. 7. Be it further enacted, That the said So-
ciety hereby are, and forever shall be, vested with
the power of making laws for the more orderly man-
aging the business of the Corporation : Providcd,the
WADSWORTH MON. ASSOC. June 16, 1825. 9
same are not repugnant to the constitution or laws
of this Commonwealth.
Sec. 8. Be it further enacted^ That William
Rotch, jun. Esq. be, and he hereby is authorized,
by public notifications in the New Bedford news-
papers, to call the first meeting of the said Society, First meet-
at such time and place as he shall judge proper. *"S'
Sec. 9. Be it further enacted^ That the officers
and agents of the said institution, ^hall lay a state-
ment of the aftairs thereof before any persons ap-
pointed by the Legislature to examine the same,
whenever required so to do, and shall exhibit to
them all the books and papers relating thereto,
and shall submit to be examined by them, con-
cerning the same, under oath. And the Legisla-
ture may, at any time, make such further regula-
tions for the government of said institution, as they
may deem expedient, and may alter, amend, or re-
peal this act at pleasure.
[Approved by the Governor, June 16, 1825.]
CHAP. V.
An Act to incorporate the Wadsworth Monument
Association.
Sec. J. UE «7 enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same. That William Hunt, Persons in-
Asher Goodnow, John Brown, Luther Goodnow, '^^'^p'^^'^^^'J
Adam How, Isaac Gibbs, Abel Dakin, Reuben
Moore, Drury Fairbanks, Jonathan Fairbanks, jun.
John Hunt, William Rice, Levi Smith, Russell
Haynes, Asa Balcom, David Lincoln, Warren
Moor, David Howe, Warren Maynard, Varnum
Balcom, Gardner Hunt, Hull Goodnow, Christo-
pher G. Cutter, Luther Hunt, Timothy Johnson,
William Brigham, Henry Richardson, Benjamin H.
2
10
WADSWORTH MON. ASSOC. June 16, 1825.
Real &. per-
sonal estate.
Amount of
real and per-
sonal estate.
First meet-
Choose offi-
cers, &c.
Establish by-
laws, &c.
Richardson, Enoch Kidder, John Taylor, Ezra Big-
elow, Samuel Knight, Edward Fisher, Gideon
Richardson, and Israel H. Brown, their associates
and successors be, and they are hereby, made a
body politic and corporate by the name of " The
Wadsworth Monument Association," with all the
powers, and subject to all the duties of agigregate
corporations, and for the purposes hereinafter
named.
Sec. 2. Be it further enacted. That said Corpo-
ration shall hav e power to take and hold by gift,
grant, or devise, such real and personal estate and
property as may be necessary or convenient, to
promote the objects of the incorporation, viz. the
construction of a Monument in Sudbury to perpet-
uate the memory of the gallant Captain Wads-
worth and his associates, who fell in battle with
the Indians, on the eighteenth day of April, in
the year of our Lord one thousand six hundred
and seventy-six, on Green Hill, in Sudbury ; and
such repairs as may be necessary to keep the same
in good condition, the amount of said real estate
not to exceed ^i\g hundred dollars, and of said per-
sonal estate not to exceed two thousand dollars.
Sec. 3. Be it further enacted. That the said Wil-
liam Hunt, Asher Goodnow, and Henry Richard-
son, or any two of them, may call the first meet-
ing of said Corporation, by posting up advertise-
ments thereof, at two or more public places in said
town of Sudbury, ten da} s at least before the time
of said meeting, at which, or at any subsequent
meeting, safd Corporation may choose such offi-
cers, agents, and trustees, as they may think pro-
per, and establish such by-laws and regulations for
their own government and the management of
their concerns, not repugnant to the laws and con-
stitution of this Commonwealth, as they may deem
necessary, and the same may modify and annul at
pleasure.
[Approved by the Governor, June 16, 1825.]
BARTOx\ POINT ASSOC. Jime 16, 1825. 1 1
CHAP. VI.
An Act to incorporate the Barton Point Associa-
tion.
Sec. 1. xJE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That John Bryant, Peisons in-
William Sturgis, Samuel Whitwell, Jun. George '^°'^''""^
Bond, Benjamin Seaver, and their associates, suc-
cessors and assi<>;ns, be and they hereby are consti-
tuted a body poiitic, and associate, by the name of
the Barton Point Association ; and the said Corpo-
ration, by that name, is hereby declared and made
capable to sue and be sued, to liave a common seal, Powersgran-
and the same to alter at pleasure ; to make rules ^^'^■
and by-lavrs for the regulation and management of
the affairs of the said Corporation, consistent with
the laws of this Commonwealth, and generall}^ to
do, execute, and perform all such acts, matters and
things as belong and appertain by law to bodies po-
litic.
Sec. 2. Be it farther enacted, That the members
of tile said Corporation, at their first meeting, and
afterwards, annually, on such day as shall be estab-
lished by the by-laws, shall choose five Directors, Officers.
one of whom shall be the President, who shall have
the general direction and management of their af-
fairs ; a Clerk who shall be under oath ; a Treasur-
er, a!id such other officers and agents as the Corpo-
ration shall deem necessary and expedient; and the
officers so chosen, from time to time, shall hold
their respective offices for one year, and until others
shall be chosen in their stead.
Sec. 3. Be it further enacted. That the said Cor-
poration be, and t!ie same hereby is, declared and ^^^ ^^^^
made capable to have, hold and possess in fee simple propS'ty *
or otherwise, all that real estate now or lately be-
longing to the City of Boston, and known by the
12 BARTON POINT ASSOC. June 16, 1825,
name of the 'Alms-House Estate,' and any other real
estate not exceeding in value one hundred thousand
dollars, exclusive of said Aims-House Estate,with all
the rights, privileges and appurtenances to the same
Proviso. belonging : Provided^ the said Corporation shall ac-
quire the same by legal grant from the lawful pro-
prietors thereof. And the said Corporation shall
Power to have power to sell, grant or convey, in fee simple
^®'^" or otherwise, any real estate which may be owned
by it, and may lease, manage or otherwise improve
the same, or any part thereof, in such form and
manner as the Directors or the major part of them,
shall, at any legal meeting, order and direct; and
all deeds and instruments, for the conveyance or
leasing of real estate, sealed with the common seal,
and signed by the President, by authority of the
Di ectors, shall be binding on the said Corpora-
tion.
Sec. 4. Be it further enacted^ That the property
Property di- ^^ ^^^^^ Corporation shall be divided into shares,
Tided into numbered progressively from number one ; and
siares. each member of the Corporation shall have a cer-
tificate signed by the President and Treasurer, with
the corporate seal affixed thereto, containing the
number of the share held and owned by him, which
shares shall be deemed and considered as personal
Shares trans- estate; shall be transferable by assignment on the
ferabie. back of the Certificate, recorded by the Clerk of
the Corporation, in a book to be kept for that pur-
pose, and shall be liable to attachment on mesne
process, and sale on execution, in the manner and
according to the form of the statutes making pro-
vision for the attachment and sale of shares of debt-
ors in incorporated companies ; and upon the sur-
render of any certificate, by the assignee of any
share, to the Treasurer of the said Corporation, a
new certificate shall be issued and delivered by
him to such assignee.
Sec. 5. Be it further enacted, That the real es-
Propeny to tatc and other property of the said Corporation,
attac le . gj^^jj ^^ liable to be attached on mesne process,
BARTON POINT ASSOC. June 16, 1025. 13
and to be set off or sold on execution, against the
Corporation, in the same manner as the property
or estate of individuals is by law subject to mesne
or final process, and the said Corporation shall be
entitled to redeem any estate set off or sold as ^'^y redeem
i "^ 1 • I estate.
atoresaid, upon the same terms, and in the same
manner, as individuals are by law entitled to re-
deem the same.
8ec. 0. Be it further enacted, That the said Cor-
poration shall have power, from time to time, to as- Corporation
I J I I 1 i I c J. may assess
sess on the stockholders, such sums ot money, not members.
exceedinii; in the whole three hundred dollars on
each share, as may be deemed necessary for the
purchase or improvement of any real estate, or the
erection, alteration or repairing of any buildings, or
for the incidental expenses of the Corporation. And
in case anv member shall refuse or neglect to pay Refusing to
any such assessment, at the time fixed for the pay- to'beeoid.
ment thereof, the Directors shall cause so many of
his shares to be sold by the Treasurer, at public
auction, to the highest bidder, giving notice of the
time and place of sale, by publication in two news-
papers printed in Boston, at least three times in
each paper, the first to be not less than ten days
before the sale, as shall be sufficient to produce the
amount assessed and unpaid, and after deducting
such amount, and all the charges of sale and adver-
tising, the surplus, if any, shall be paid over to the
delinquent proprietor upon demand; and the pur-
chasers of the shares, sold as aforesaid, shall be en-
titled to receive certificates therefor, in form afore-
said.
Sec. 7. Be it further enacted, That in all meet-
ings of the stockholders in the said Corporation, Eacii share
each member shall be entitled to one vote for each ^"Ig'^'^ ^° ^
share held by him: Provided, That no member Proviso
shall be allowed more votes than one third of the
whole number of shares in the Corporation; and
any member may appear and vote at any meeting May vote b?
by his proxy, appointed in WTiting. * ^'''^•'
how binding.
14 CONGRE. SOC. IN SOUTH W. Jwie 1 8, 1825,
Sec. 8. Be it further enacted, That either of the
persons named in the first section of this act, may
Either of pe- call the first meetina: of the said Corporation, by
tioncrs may i . . ~ • i • »^
Gall meeting, aov^ertisement m any newspaper printed ni Boston,
three times, the first to be not less than ten days
before the day appointed for such meeting; and
the Corporation may at such, or any other meeting,
agree on the mode of calHng future meetings: PrO'
tyided, however, That all contracts which shall be
Contracts, made by said ('orporation, shall be binding on each
one and al] of those persons, individually, who shall
be stockholders in said Corporation when such con-
tracts respectively are made, and on their respect-
ive heirs, executors and administrators, in the same
manner as if such contracts had been made b}' such
stockholder or stockholders, in his, her or their in-
dividual capacity.
[Approved by the Governor, June 16, 1825.]
CHAP. vn.
An Act to incorporate the first Congregational So-
ciety in Southwick.
Sec. 1. li»E it enacted by the Senate and House
of Representatives in General Court assembled, and
hy the authority of the same, That Saul Fowler,
Matthew Lafiin, William Palmer, Reuben Dibble,
co7pm"ati;ci"" Doras Stilcs, Horace Moore, Salmon Foote, Ches-
ter Palmer, Abiel Cushman, Philip N. French, Reu-
ben W. Dib!)le, Alexander A. Pomeroy, Nornian
Adams, Ebenezer R. Webb, Joel Hough, John H.
Rising, Charles Bingham, Solomon Smith, True-
mavi Gillet, Phineas Stevens, Richard Mather, Uzal
Rockwell, Horace Moore, jr., L. W. Humphreys,
Enoch Hine, Theron vSpring, Jesse Stevens, Josiali
W. Stevens, Thaddeus Foote, Silas Granger, Jerry
LAND IN CIIARLESTOWN. June 18, 1825. 15
Hine, Eliakim Stiles, Shem Loomis, Enos Foote,
Abraham Risinsi;, jr., Daniel Palmer, Bemaii Palm-
er, Hemaii Latlm, Cutler Lallin, Williams Fowler,
Edmund Fowler, John iVfills, Friend Kellog, David
Ives, Alexander Risins^, John Root, 2d, Samuel By-
inj>ton, Aaron Frost, Daniel French, and Rowland
Loomis, with such others as may associate with
them, and their successors, be, and they hereby are,
incorporated into a Society, by the name of the
First CoDgrcgational Society in Southwick, with all
the powers and privileges to which other religious Powers.
societies are entitled by the constitution and laws
of this Commonwealth.
Sec. 2. Br it further enacted^ That the first meet-
ing of said Society shall be convened by a warrant, S't nfeetilil^
to be issued by any Justice of the Peace in the
County of Hampden, directed to any member of
said Society; requiring him to notify the members
of said Society, to meet at a suitable time and
place, to be appointed in said v/arrant.
[Approved by the Governor, June 18, 1825.]
CHAP. VIIL
An Act in addition to an act, entitled " an act au-
thorizing the United States to purchase a certain
tract of Land in Charlestown, for a Navy- Yard,"
and in addition to an act, entitled " an act for in-
corporating certain persons for the purpose of
laying out and making a Turnpike Road from
Salem to Charles River Bridge, for building the
necessary bridges on said road, and for support-
ing the same."
Sec. 1. IjE it enacted hij the Senate and House
of Representatives in General Court assembled,
and bij the authority of the same, That the con-
16 LAND IN CHARLESTOWN. June 18, 1825.
sent of this Commonwealth be, and hereby is grant-
U. s. may Qf\ to the United States, to purchase, in addition to
t!ie tract of land now owned by the United States,
situated in the north-easterly part of the town of
Charlestown, in the county of Middlesex, and oc-
cupied as a Navy-Yard, so much land adjoining
thereto, as may be necessary for the purpose of
rendering the boundary lines of the Navy-Yard,
bordering on the Salem Turnpike, straight. The
evidence of the purchase aforesaid to be entered
and recorded in the Registry of Deeds, in the said
Proviso county of Middlesex : Provided^ cdivays, and the
consent aforesaid is granted upon the express con-
dition, that this Commonwealth shall retain a con-
current jurisdiction with the United States, in and
over the tract of land aforesaid, so far as that all
civil, and such criminal processes as may issue un-
der the authority of this ('ommonwealth, against
any person or persons charged with crimes com-
mitted without the said boundary lines of the said
tract of land, may be executed therein in the same
way and manner as though this consent had not
been granted.
Sec. 2. Be it further enacted^ That the Salem
Turnpike & Tumpike and Chelsea Bridge Corporation be, and
Bridge cor- ^j^gy hereby are, authorized and empowered to
porationmay J ixr-ici \ o \ ^ t
sell. convey to the United States so much ot the land,
now owned or possessed by them in the town of
Charlestown, as may be necessary to make the
boundary lines of the Navy-Yard straight ; and that
the said Salem Turnpike and Chelsea Bridge Cor-
poration be, and are hereby authorized and empow-
May buy. erod to purchase so much land, in addition to the
land now owned or possessed by them in Charles-
town aforesaid, and adjoining thereto, as may be
necessary to make the boundary lines of said turn-
pike road straight ; and as may be necessary to
enable them to make the turnpike road passing
through the town of Charlestown, of the width re-
quired by their act of incorporation.
[Approved by the Governor, June 18, 1825.]
U. S INSURANCE COMPANY. Mine 18, 1825. 17
CHAP. IX.
An Act in addition to an Act, entitled " an act to es-
stablish a Corporation by the name of the Plumb
Island Turnpike and Bridge Corporation."
Whereas, in the said act, it is provided that there
shall be an Arch under the said Bridge of fifty preamble,
feet in width, the under side of the Arch to be
at least eight feet above high water mark, at a
common tide,
-UE 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 said act as requires the said arch to be eight Former act
feet in height, be, and the same is hereby repealed: ^^^^^^ '
Provided, that the said arch be at all times as high Proviso,
as it was made at the last time the said bridge was
repaired ; and provided, also, that the Legislature
may, at any time hereafter, repeal this act, and re-
store the provision in the act to which this is in
addition.
[Approved by the Governor, June 18, 1825.]
CHAP. X.
An Act in addition to an Art, entitled " an act to
incorporate the United States Insurance Com-
pany."
15 E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the United
States Insurance Companv be, and they hereby
3
18
HAMP. & HAMPD. CANAL CO.
June 18, 1825.
Increase
of Capital
Stock.
Proviso.
are, authorized to increase their present capital
stock, by the additional sura of one hundred thou-
sand dollars : Provided^ that one half the same
shall be paid in money within sixty days ; and the
remainder within one year from the passing of this
act.
[Approved by the Governor, June 18, 1825.]
CHAP. XI.
An Act in addition to an Act, entitled, " an act
to incorporate the Hampshire and Hampden
Canal Company.'*
Authorized
to reduce
their toll.
Proviso.
Sec. 1. JiSe it enacied by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the Hamp-
shire and Hampden Canal Company, be, and they
hereby are authorized and empowered, at any fu-
ture meeting of the said Company, legally called
and assembled for that purpose, to adopt regula-
tions reducing their toll to any sum they may
judge expedient, to make a difference in their toll
between empty and full boats, and to vary their
tolls according to the articles transported : Pro-
vided, that in no case, shall a higher toll be de-
manded, or received, than is authorized by the act
to which this is in addition.
Sec. 2. Be it further enacted, That the mem-
bers of the said Company, in their individual capaci-
ty, shall not be liable to respond such judgments and
executions as may be awarded against the said
Corporation, but all such executions shall be levied
only on the goods, estate, lands, rights, credits,
and franchise of the said Corporation, any thing in
the act to which this is in addition, to the contrary
notwithstanding.
BURLEY ED. FUND IN IPSW. June 18, 1825. 19
Sec. 3, Be it further enacted. That instead of
the ratio of votes fixed in and by tlie eleventh sec-
tion of the act to which this is in addition, there shall One vote for
be allowed one vote for each and every share in ^^^'\^"*^ «^'-'
I I <• I /"I ^^y snare.
the common stock oi the Company.
[Approved by the Governor, June 18, 1825.]
CHAP. XII. ^'/fSyjf^
An Act to incorporate the Trustees of the Burley
Education Fund, in Ipswich.
WHEREAS, William Burley, late of Beverly, in Preamble.
the county of Essex, Enquire, deceased, by his
last will and testament, which has been duly
approved and allowed, did give, for the use of
the Inhabitants of the town of Ipswich, in said
county, an annuity, to continue for the term of
ten years, " for the sole purpose of teaching
poor children to read, and instructing them in
the principles of the Christian religion ;" and
whereas, the executors of said William Burley,
for the puqiose of extending and perpetuating
the pious and benevolent intentions of the do-
nor, have agreed to pay the whole of said an-
nuity in advance, to constitute a permanent
fund for the purpose of educating children and
youth in said town of Ipswich, on certain con-
ditions, which said town have agreed to accept.
Sec. 1. 13E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Nathaniel Persons ii
Lord, jim. and William Conant, jun. esquires, Jo- <=°'^P°''*t^<*
siah Brown and John Kimball, gendemen, and
Daniel Cogswell, merchant, all of said Ipswich, be,
and hereby are, incorporated into a body politic,
iO BURLE Y ED. F UND IN IPS W. June 1 8, 1 825.
by the name of The Truste€S of the Burley Edu-
cation Fund in Ipswich, and they and their suc-
. cessors shall be and continue a body politic and
corporate by that name forever ; and they shall
Have a com- havc a common seal, which they may alter at their
raon seal. pleasurc ; and they may sue and be sued, in all
actions, real, personal, and mixed, and prosecute
and defend to final judgment and execution, by the
name aforesaid. And said Trustees and their
successors, are hereby authorized to receive any
' V \lonations for the purpose of promoting the Educa-
tion of children and youth in said town, and the
same to place on the books and accounts to be
kept by them, Avith the amount of each donation,
Proviso. and the time when made : Provided, the annual
income of said funds shall not exceed the sum of
three thousand dollars ; and the said Trustees shall
and may annually elect from their own body or
Officers. otherw ise, as they may think proper, a Clerk, who
shall be under oath faithfully to record the doings
of said Trustees, at their meeting, and a Treasur-
er, to receive and apply the monies hereinafter
mentioned, as hereinafter directed, who shall give
bonds, with sufficient sureties, to said Trustees, in
such sum as they may direct, faithfully to perform
his duty, and render an account of all monies
which may come into his hands as Treasurer
aforesaid, and to be responsible for all negligence
and misconduct in his office, and from time to time,
such other officers or agents as may be necessary
for the better managing of their funds; and also to
Rules, regu- make and ordain such rules, regulations, and by-
by-iawB. ^"'^ laws, not rcpugnaut to the constitution or laws of
this Commonwealth, as they may from time to
time think proper, and not less than three of said
Trustees shall constitute a quorum for doing bu-
siness.
Sec 2. Be it further enacted, That the term of
Terra of one of the Trustees herein before named, in his
Trustees. g^^jj office, shall, by lot expire at the annual town
meeting every second year following the passing
BURLEY ED. FUND IN IPSW. June 18, 1825. 21
of this act, at the expiration of which terms suc-
cessively, the said town, at its annual toeeting,
shall elect by ballot, one suitable person, being an
inhabitant of said town, in the j)lace of him whose
term so expires, to hold his office for ten years;
and so the term of one member expiring biennial-
ly, a new election shall be made by said town at »
its annual meeting, in like manner, bienniall}', for-
ever. And said Trustees shall always be inhabi-
tants of said town ; and not more than two of said
Trustees shall be residents in any school district,
while there shall be five such districts in said
town : Provided, hoioever, that if the place of any P'OvIso.
one of said Trustees should become vacant by
death, resignation, removal from the town or other-
wise, the said Trustees shall have power to elect
a member, by ballot, to fill the place, thus vacated,
for the remainder of the term for which such per-
son may have been elected ; and if said town, at its
annual meeting, when it shall come in course to
make a new election in place of one whose term
expires, shall refuse or neglect to make such elec-
tion, then such election shall devolve on said
Trustees. And each of the persons herein before
named, and every person hereafter elected a Trus-
tee, and accepting his office, shall, before entering
on its duties, make solemn oath that he will faith-
fully and impartially discharge the duties of his
office, according to the best of his abilities and
understanding.
Sec. 3. Be it further e?iacted, That the sum to
be received by said Trustees of said executors, and
all other sums of money or other property, which
may come to their hands in aid of their funds, be
faithfully put out and secured at interest, or vested ^loney to be
in some productive public stocks, or in real estate, le"es't"&'c.'"
as they shall judge best, and on receipt of any
interest, dividend, or income, the same shall forth-
with be added to the principal, and become part
thereof; and the whole fund be thus kept accu-
mulating for the full term of ten years; after
22
BURLEY ED. FUND IN IPSW. June 18, 1825.
Proviso.
Power to
appoint and
employ a
teacher.
which time, if the annual income of all the perma-
nent funds in the hands of said Trustees shall be
less than one hundred dollars, the said Trustees
shall appropriate a sum not exceeding thirty dol-
lars, annually, of said income, to the purpose of
promoting the education of children and youth in
said town, according to their necessities, and the
best discretion of said Trustees, special regard be-
ing always had to the interests of the poor, the
residue of said income to be added to and become
part of the principal, until such income shall be
one hundred dollars ; after which, said Trustees
shall annually appropriate a part, not exceeding
one half of said annual income to the purpose
aforesaid, in manner aforesaid, the residue to be
added to the principal as aforesaid, until such in-
come shall be one thousand dollars ; after which,
said Trustees shall annually appropriate a part
not exeeeding three-fourths of said annual income,
to the purpose aforesaid, in manner aforesaid, the
residue to be added to the principal as aforesaid,
until such annual income shall be three thousand
dollars ; after which, said Trustees shall annually
appropriate a sum not exceeding the whole of said
annual income to the purpose aforesaid, in manner
aforesaid forever. But no part of the principal or
capital sum thus accumulated shall ever be ex-
pended : Provided^ nevertheless, that nothing herein
contained shall prevent said Trustees from expend-
ing and appropriating, for the purpose of promoting
education in said town, any part or the whole of
the interest or principal of any donation hereafter
to be made to them, according to the directions of
the donor, expressed at the time of making such
donation.
Sec. 4. Be it further enacted. That said Trus-
tees, and their successors, shall have power to ap-
point and employ some suitaBle person or persons,
as teacher or teachers of children and youth in said
town, from time to time, or to provide schooling in
any suita])le school in said town, or procure suit-
BURLt:Y ED. FUND IN IPSW. June 18, 1825. 23
al)le books, stationary, or other necessary articles
for poor children, tor the purpose of enabling
them to attend school to advantage, accordinir to
the best discretion of said Trustees, and as the
state of the funds in their hands will admit, agree-
ably to the provisions of this act.
Sec. 5. Be il further enacted, That it shall be
the duty of said Trustees and their successors, to
receive, manage, and improve all such estate, real. Receive, &e.
personal, and mixed, as may hereafter come to sonarestite'
them in their said corporate capacity, for the pur-
pose of promoting education as aforec«;aid, by gift,
grant, devise, or otherwise, by operation of law, in
such way and manner as in their judgment will
best obtain and secure the end of their incorpora-
tion ; and they are also hereby authorized and
empowered to lease, sell, or convey, in fee simple Power to
or otherwise, all or any part of the estate w^iich ^'^^^^' *^*^"
may come to them in their corporate capacity, and
for that purpose to make, execute, and acknow-
ledge any good and sufficient deed or deeds there-
of, which deed or deeds, when signed by the
Treasurer, by direction of said Trustee?, and seal-
ed with their common seal, shall be valid in law to
convey such estate to the purchaser, according to
the conditions and meaning of such instrument,
but in no case contrary to the intention of the
donor clearly expressed.
Sec. 6. Be it further enacted, That the said
Trustees and their successors, shall make a report, Annual re^
in writing, to said town annually, of their proceed- V'^^ of pro-
ings, and the state of their funds. And said Trus- *='"'^'"=''*^^
tees and their successors, and each of them, shall,
at all times, be accountable to said town for any Trustees ac
negligence, misconduct, or wilful mismanagement countable.
of said funds ; and the debt or damage recovered
by said town, in any civil court having jurisdiction
of the same, for such negligence, misconduct, or
mismanagement, shall be replaced in said funds,
and applied accordingly ; and such Trustee or
Trustees, shall be held and considered thereby to
24 STERLING TURNP. CORP. June 18, 1825.
be removed from his or their said trust, and the
vacancy or vacancies thus made, shall be supplied
in manner as is herein before provided, except
that, when a majority of said Trustees shall be
guilty as aforesaid, such vacancies shall be filled
by said town, at any meeting which may be legally
called for that purpose.
Sec. 7. Be it farther enacted., That said Trustees
Trustees paid shall be entitled to a reasonable com|>ensation, to
y town. ^^ ^^^.^ ^^ ^^. J ^Q^^T^^ f-Qj. their services and risk in
managing and taking care of said funds and estate;
but no part of such funds or estate, or the income
thereof, shall ever be appropriated to that purpose.
Sec. 8. Be it further enacted., That said Nathan-
iel Lord, Jun. be, and he hereby is, authorized to
fix the time and place, for holding the first meeting
of said Trustees, and to notify each Trustee there-
of.
[Approved by the Governor, June 18, 1825.]
CHAP. xm.
An Act to establish the Sterling Turnpike (yorpo-
ration.
1>E it enacted by the Senate and House
of Representatives in General Court assembled., and
by the authority of the same. That Solomon Howe,
persons in- Jonathan D. Meriam, Ephraim Howe, Amos Saw-
corporated. yer, William Barns, Silas Felton, Rufus Hastings,
Elijah Hale, Dexter Fay, Jedediah Wood, Cyrus
Shephard, and Timothy Jones, together with such
others as have associated, or may hereafter associ-
ate with them, their successors and assigns, be, and
hereby are, made a Corporation, by the name of
the Sterling Turnpike Corporation, for the purpose
S. J. COURT IN FRANKLIN. June 18, 1825. 25
gf making a turnpike road, to begin near the River
Bri<lge, a few rods south of Richardson's tavern, in
the west part of Sterling ; thence in nearly a Courseofthe
strai«»;iit course to the Cookshire school-house, in ^"^^
said Sterling ; thence to the southwardly end of
Shakum pond, by the houses of Cyrus Belknap and
John Smith; thence near the houses of Jacob Stone
and Levi Howe, junior, to Nashua River; thence
to the road leading from Sawyer's mills to Berlin
meeting-house, near Berlin line, and near the guide
board on the road ; and shall have all the powers
and privileges, and shall also be subject to all the
duties, requirements, and penalties, contained in
" an act, entitled an act defining the general pow-
ers and duties of Turnpike Corporations," and the
several acts in addition thereto.
[Approved by the Governor, June 18, 182.5.]
CHAP. XIV.
An Act making provision for holding an additional
term of the Supreme Judicial Court, in the
County of Franklin.
Sec. 1. JlJE it enacted by the Senate and House
ef Representatives in General Court assembled, and
by the authority of the same, That from and after Addnionai
the passing of this act, a term of the Supreme Ju- ^"""^^ '^'"'•
dicial Court, to be holden by one or more of the
Justices thereof, shall be annually holden at Green-
field, within and for the County of FranJcIin, on the
first Tuesday of September.
Sec. 2. Be it further enacted, That all writs, ap-
peals, recognizances, proces«^s, and every other -Writs, &c.
matter and thing, of what kind soever the same may an«J persons,
be, returnable to, or now pending in the Supreme & hTve day.
Judicial Court, at the term thereof already establisfai-
4
26 CONGRE. CHURCH IN BOS, June J8, 1825.
ed in said county; and all parties and persons re-
quired, before the passing of this act, to appear and
attend at the term aforesaid, shall be returned to,
entered, appear, attend and have day, be tried and
determined in said Court, at the term established
by this act, pursuant to the true intent and meaning
thereof.
[Approved by the Governor, June 18, 1825.]
Persons in
coriJorated.
CHAP. XV.
An Act to incorporate the Congregational Church
in Purchase Street, in the City of Boston.
Sec. I. xJE it enacted by the Senate and Hovse
of Representatives in General Court assembled^ and
by the authority of the same, That John Davis,
Lewis Tappan, Henry H. Fuller, and Charles G.
Loring, and all others who may associate with
them, and their successors, be, and they are here-
by, incorporated as a rehgious society, by the name
of the Congregational Church in Purchase Street,
in the City of Boston, with all the privileges, pow-
ers and immunities to which other religious socie-
ties in this Commonwealth are entitled, by the laws
and constitution thereof.
Sec. 2. Be it further enacted, That the said so-
May pur- ciety shall be capable, in law, to purchase, hold,
chase estate, ^^^y^ dispose of any cstatcs, real or personal, for the
use of said society, the annual income of all which,
shall not exceod five thousand dollars.
Sec. 3. Be it further enacted, That any two of
Two of pe- the above named persons hereby are authorized to
caiimeeting! notify the first meeting of the members of the said
Corporation, by advertising the time and place
thereof, in one or more ot the public newspapers,
TERMS OF SUP. JUD. COURT. June 18, 1825. 27
printed in said Boston, three days at least before
such meeting, and that the said society may at
such, or any other meeting, agree on the mode of
caUing other meetings, and elect a Clerk, and
Treasurer and such other officers, and such com- ^'^^^'
mittees, and establish such rules and by-laws, not
inconsistent with the constitution and laws of the
Commonwealth, as they shall see fit, and the same
may remove and change at pleasure.
[Approved by the Governor, June 18, 1825.]
CHAP. XVI.
An Act in addition to '' an act, to establish the
terms of the Supreme Judicial Court."
Sec. 1. UE it enacted by the Senate and House
of Representatives, in General Court assembled.,
and by the authority of the same. That there shall
be hereafter holden at Nantucket, within and for Teimhoiden
the county of Nantucket, a term of the Supreme "^^^"^ucket.
Judicial Court, by one or more of the Justices of
said Court, on the last ^Monday of June annually;
which said Court so holden, shall have cognizance
and jurisdiction of all causes, matters and things,
which by law are cognizable by said Supreme Ju-
dicial Court, Avhen holden by one of the Justices
thereof.
Sec. 2. Be it further enacted, That all matters
which are now cognizable in the Supreme Judicial causestrans-
Court at the term thereof, which w^as to be holden fcrabie.
at Boston, within the county of Suffolk, and for the
counties of Suffolk and Nantucket, on the first
Tuesday of March, shall have day in, and be heard
and determined by the said Court, to be holden on
the last Monday of June, within and for the coun-
ty of Nantuckf^f
28
When to
take effect.
M. & M. BANK IN NANTUCK. June 18, 1825.
Sec. 3. Be it further enacted, That any act or
part of an act, which is inconsistent with the pro-
visions of this act, be, and the same is hereby re-
pealed.
Sec. 4. Be it further enacted, That this act shall
not have force or effect till after the first day of
July next.
[Approved by the Governor, June 18, 1825.]
CHAP. XVII.
An Act to incorporate the President, Directors and
Company of the Manufacturers' and Mechan-
ics' Bank, in Nantucket,
Persons i
corporated
Sec. 1. He it enacted by the Senate and House
of Representatives, in General Court assembled, and
by tht authority of the same, That Francis G. Macy,
Hezekiah Barnard, Griffin Barney, John B. Macy,
Jonathan I. Barney, and Daniel Jones, their associ-
ates, successors and assigns, shall be, and hereby are
created a Corporation, by the name of the Presi-
dent, Directors and Company of the Manufactur-
ers' and Mechanics' Bank, of Nantucket, and shall
so continue from the passage of this act, until the
first Monday of October, which will be in the year
of our Lord one thousand eight hundred and
thirty-one ; and the said Corporation shall always
be subject to the rules, restrictions, limitations,
taxes and provisions, and be entitled to the same
Powers, &c. rights, privileges and immunities, which are con-
tained 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-
M. & M. BANK IN NANTUCK. June 18, 1825. 29
cially recited and enacted: Provided, hoivever, that Proviso,
the amount of bills issued from said Bank, at any
one time, shall not exceed the amount of capital
stock actually paid in.
Sec. 2. Be it farther enacted. That the capital
stock of said Corporation siiall consist of the sum Amount of
of one hundred thousand dollars, in gold and sil- ^^^^^^
ver, to be, besides such part as this Commonwealth
miy subscribe in manner herein after mentioned,
divided into shares of one hundred dollars each,
which shall be paid in, at such times as the stock-
holders may direct; fifty per centum, however, to
be paid in on or before the first day of January when to be
next, and the residue within one year from the P'^^'^ ^"
passing of this act ; and no dividend shall be de-
clared 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 shall, at their first meeting, by a ma-
jority of votes, determine the mode of transferring
and disposing of said stock, and the profits thereof,
which, being entered in the books of said Corpo-
ration, shall be binding on the stockholders, their
successors and assigns, until they shall otherwise
determine ; and the said Corporation is hereby
made capable in law, to have, hold, purchase, re- Maybuyicai
ceive, possess, enjoy and retain, to them, their suc-
cessors and assigns, lands, tenements and heredita-
ments, to the amount of fifteen thousand dollars,
and no more at any one time, with power to bar-
gain, sell, dispose of, and convey the same by
deed, under the seal of said Corporation and signed
by the President or two of the Directors ; and to
loan and negotiate their monies and effects by dis-
counting on banking principles and such securities
as they may think advisable : Provided, however, Proviso
that nothing herein contained shall restrain or pre-
vent 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
30 M. & M. Bx\NK IN NANTUCK. June 18, 1825.
no monies shall be loaned or discounts made, nor
shall any bills or promissory notes be issued from
said Bank, until the capital subscribed and actually
paid in, and existing in gold and silver in the vaults,
shall amount to seventy-five thousand dollars, nor
until said capital stock, actually in said vaults, shall
have been inspected and examined by three Com-
Commission- missioucrs to be appointed by the Governor for
pointed^ ^P' that purpose, whose duty it sliall be, at the ex-
pense 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 majori-
ty of them, that said capital stock hath been bona
fide paid in by the stockholders of said Bank, and
towards payment of their respective shares, and
not for any other purpose, and that it is intended
therein to remain as a part of said capital, and to
Return a cer- rctum a Certificate thereof to the Governor. And
iificate. j^Q Stockholder shall be allowed to borrow any
money of said Bank, until he shall have paid in his
full proportion of the whole of said capital stock,
as herein before provided and required.
Sec. 3. Be it further enacted, That the said Bank
shall be established and kept in Nantucket ; and
Number of the wliolc uumbor of Directors shall be nine, and
Directors. ^ majority of the Board shall be inhabitants of said
town. And no loan or discount shall be made,
nor shall any bill or note be issued by the said
Corporation, or by any person on their account, in
any other place than at the said Bank.
Sec. 4. Be it further enacted, That whenever the
Legislature shall require it, said Corporation shall
Shall loan to loan to the Commonwealth any sum of money
weaUh"""*"' which shall be required, not exceeding ten per
centum of the capital stock actually paid in, at any
one time, reimbursable by four annual instalments,
or any shorter time, at the election of the Com-
monwealth, with the annual payment of interest,
at a rate not exceeding five per centum per an-
Proviso. num ; Provided, however, that the Commonwealth
shall never stand indebted to said Corporation,
M. & M. BANK IN NANTUCK. June 18, 1825. 3I
without their consent, for a larger sum than tvven-
t} per centum ot their capital stock then paid in.
Sec. 5. Be it further enacted^ That the persons
herein before natned, or any thi'ee of them, are au-
thorized to call a meeting of the members and First meet
stockholders of said Corporation as soon as may '"°
be, at such time and place as they may see fit to
appoint, b}^ advertising the same in any newspa-
pers pnnted in Nantucket, for the purpose of
making, ordaining, and establishing such by-laws Estai,];,], ^y
and regulations lor tlie orderly conducting the af- i^'^s, &c.
fairs of said Corporation, as tlie stockholders shall
deem necessary, and the choice of the first Board Choo^c om-
of Directors and such other officers as they shall '^"^'
see fit to choose.
Sec. 6. Be it farther enacted, That the Com- Common-
monwealth shall have a riaht, whenever the Le«;is- "^'^'''' ^?^^''
1 111 1 ••ipii 1 liave a rif^ht
lalure shall make provision theretor by law% to sub- to subscribe.
scribe on account of the Commonwealth, a sum
not exceeding one half of the capital stock actual-
ly paid in, to be added to the capital stock of said
Corporation ; subject to such rules, regulations,
and provisions, as to the management thereof, as
£ha)l he by the Legislature made and established.
Sec. 7. Be it firther enacted, That whenever
the Commonwealth 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 tlie right, from time to time, to appoint
a number of Directors to said Bank in proportion Legislature
as the sura ?;)aid from the treasury of the Common- "pp^'"' ^i-
__ » »/ rectors
weaiih shall be to the whole amount of the stock
actually paid in to said Bank, if at any time here-
after they shall see fit to exercise that right.
Sec. 8. Be it further enacted, That the Cashien
before he enters upon the duties of his office, shall
give bond \^ ith sureties to the satisfaction of the casincr -ivo
Board of Directors, in a sum not less than twenty bonds.
thousand dollars, with conditions for the faithful
discharge of his office.
32 M. & M. BANK IN NANTUCK. June 18, 1825.
Sec. 9. Be it further enacted^ That the said Cor-
poration, from and after the first day of October
Shall pay to next, shall pa}', by way of tax, to the Treasurer of
e'r&r^^"' this Commonwealth, for the use of the same, with-
in ten days after the first Monday in October and
April annually, the half of one per centum on the
amount of stock, which shall have actually been
paid in.
Sec. 10. Be it further enacted^ That the said
Liable to Corporation shall be liable to pay any bona fide
pay, &c. 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, unless such note is printed or im--
pressed with the stereotype plate, and that said
Corporation shall not, at any place whatever, di-
rectly or indirectly, purchase, receive, pay, or ex-
change any bill or note of said Bank, or of any oth-
er Bank incorporated within this Commonwealth,
for any less sum than the nominal value expressed
in said bill or note.
Sec. 11. Be it further enacted, That in case this
This Act, act shall not be put in operation, according to the
ow vol provisions thereof, within one year from the time
of passing the same, then it shall become void.
Sec. 12. Be it further enacted, That the capital
Capital stock stock of Said Bank shall not be sold or transferred,
shall not be ^ut be holdcu by the original subscribers there-
' ^' of, for and during the term of one year from the
passing of this act.
[Approved by the Governor, June 18, 1825.]
CHURCH & SOC. IN PITTS ST. June 18, 1825. 33
CHAP. XVIII.
An Act to incorporate the Congregational Church
and Society of Pitts Street, in Boston.
Sec. 1. 15 E it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same, That Thomas Persons in
Tilden, Thomas Townsend, George Carpenter, '^•^'"P'^'-"^^^
Israel Decker, Thomas Wetherbee, Jo!in H. Whit-
ney, Nathaniel Trumbull, Ephraim Whitney, Rich-
ard Bond, William Bates, William McLellan, Ben-
jamin Longley, and Charles Farrar, together with
such others as may associate with them, and their
successors, be, and they hereby are incorporated
into a religious society by the name of the Congre-
gational Church and Society of Pitts street, in Bos-
ton, with all the powers and privileges to which
parishes and religious societies are entitled by the
constitution and laws of this Commonwealth.
Sec. 2. Be it further enacted, That said Society
be, and they hereby are authorized and empowered p^^gj. ^^
to raise, by assessments on the pews and seats raise money.
which may be made and built in any house they
may erect, all such sum or sums of money for the
settlement of a minister of the Gospel, repairing of
said house, and other expenses incident to parishes,
at any legal meeting called for that purpose.
Sec. 3. Be it further enacted. That said Society
may have power to order and establish such regu- Regulations,
lations, rules, and bj^-laws for their government, "'i^s, &c.
and the management of their concerns, as they may
see fit : Provided, the same are not repugnant to
the laws of this Commonwealth.
Sec 4. Be it further enacted. That the first nam-
ed three persons in the first section of this act,
may call the first meeting of the said body cor-
porate, by having public notice thereof given on ing^
the Lord's day previous, at the mission house, so
called, in Boston, by the minister officiating there.
[Approved by the Governor, June 13, 1825.]
5
34 F. BAP. SOC. IN SALISBURY. June 18, 1825,
CHAP. XIX.
An Act authorizing the taxing of the Pews in the
Meeting-House of the First Baptist Society in
the town of Salisbury.
Sec. 1. OE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the First
Baptist Society in the town of Salisbury, in the
Power to county of Esscx, be, and hereby are empowered
faise money. ^^ laisc, by a tax ou the pews in their meeting-
house, such sum or sums of money as the said So-
ciety may hereafter vote to raise, at any legal
meeting for that purpose, for the support of minis-
terial and other necessar}" charges, in addition to
such further sum or sums as they may have raised,
or may hereafter raise, on the polls and estates of
the members of said Society.
Sec. 2. Be it further enacted, That the assessors
Power to ap= of Said Socicty shall be empowered and required,
?r &c" *^^ equitably to apportion the taxes to be assessed on
said pews, according to their relative value, and
such taxes, so assessed, shall be given to the Col-
lector of said Society for collection, with such oth-
er taxes as may be raised on the polls and estates
of the members thereof; and all such pews as shall
remain two years from the time of the assessment
of the tax thereon, the same, or any part thereof,
Power to being unpaid, it shall be the duty of the Collector of
^^^^' said Society,and he is hereby empowered to sell at
public auction, to the highest bidder; and he shall
execute a deed or deeds to the purchaser or pur-
chasers, which shall give to him or them a perfect
right and title to such pew or pews, as may be by
said Collector so sold ; said deed or deeds being
recorded in the usual manner with other deeds of
Proviso. said Society : Provided, however, that the said Col-
lector shall, before he proceeds to make sale of
BRIDGEWAT. IRON MAN. CO. June 18, 1825. 35
any delinquent pew or pews, be required to give
at least ten days notice, of the time and place of
vendue, by posting up one advertisement at said
meeting-house, and one at some other public place
in said town of Salisbury, stating the number or
numbers of the pew or pews to be sold, with the
amount of the tax due thereon.
Sec. 3. Be it further enacted, That in case an ^,^JJ°f saie,
adjournment of the sale of pews shall appear to the &c.
Collector to be necessary, he may adjourn the sale
for a time, not exceeding ten days, until the sales
are completed ; and in all cases he shall pay over
on demand, to the former owner or owners of pews,
the balance in his hands, arising from the sales,
after deducting the taxes due, and reasonable
charges for advertising and settling the same.
[Approved by the Governor, June 18, 1825.]
CHAP. XX.
An Act to establish the Bridgewater Iron Manu-
facturing Company.
Sec. 1. -t>E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Nathan pe^gong ;
Lazell, Seth Johnson, Silas BuUard, John Fuller, corporated."
Abisha Stetson, Jacob Perkins, and Nathan Lazell,
jim. together with such other persons as have as-
sociated, or may hereafter associate with them,
their successors and assigns, be, and they are here-
by made a Corporation by the name of the Bridge-
water Iron Manufacturing Company, for the pur-
pose of manufacturing Iron, and its various modi-
fications, and for this purpose shall have all the
powers and privileges, and be subject to all the Powers, pwv.-
duties and requirements contained in an act, pass- "^»^^' ^°'
36 BOL. MAN. COM. IN CANTON. June 18, 1825.
ed in the year of our Lord one thousand eight hun-
dred and nine, entitled "an act defining the gener-
al powers and duties of manufacturing corpora-
tions," and in the several acts passed in addition
thereto.
Sec. 2. Be it enacted^ That the said Corporation
Real &per- may bc lawfully scizcd of such real estate, not ex-
ceeding the value of fifty thousand dollars, and
such personal estate, not exceeding fifty thousand
dollars, as shall be necessary and convenient for
establishing and carrying on the manufactures afore-
said.
[Approved by the Governor, June 18, 1825.]
Persons in-
CHAP. XXL
An Act to incorporate the Bolivar Manufacturing
Company, in the town of Canton.
Sec. 1. oE it enacted by the Senate and House
of Representatives in General Court assembled^ and
co'rporated. by the authority of the same, That Jonathan Mes-
singer and Freeman Fisher, together with such
other persons as may become associates with them,
their successors and assigns, be, and they hereby
are, made a Corporation, by the name of the Boli-
var Manufacturing ('ompany, for the purpose of
manufacturing cotton and wool in the town of Can-
ton, in the County of Norfolk, and for that purpose
shall have all the powers and ])rivileges, and be
subject to all the duties and requirements, contain-
ed in an act passed on the third day of March, in
the year of our Lord eighteen hundred and nine,
entitled " an act defining the general powers and
duties of Manufacturing Corporations," and the se-
veral acts in addition thereto.
BLACKSTONE BANK. June 18, 1825. 37
Sec. 2. Be it further enacted, That the said Cor-
poration may hold and possess such real estate, not
exceeding in value the sum of twenty-five thousand
dollars, and such personal estate, not exceeding in '^^y •'°''^ ■'''■
value the sum of fifty thousand dollars, as may be what amount
necessary and convenient for carrying on the man-
ufacture of cotton and wool in said town of Canton.
[Approved by the Governor, June 18, 1825.]
CHAP. XXII.
An Act to incorporate the President, Directors and
Company of the Blackstone Bank.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That John Ca-
pron, Bezaleel Taft, Benjamin Adams, Amariah Persons m-
Chapin, Samuel Judson, Joseph Day, John Thayer, «"'^p°'-^^^^-
Jun. Sylvanus Holbrook, George Wall, Royal Far-
num, Effingham L. Capron, William C. Capron,
Alphcus Baylies, Paul Whitin, Ezekiel Wood,
Samuel Reed, George Carpenter, Daniel Carpenter,
Thomas Farnum, and Abiel Jaques, with their as-
sociates, successors and assigns, shall be, and are
hereby created a Corporation, by the name of the
President, Directors and Company of the Black-
stone Bank, and shall so continue until the first
Monday of October, in the year of our Lord one
thousand eight hundred and thirty-one ; and by that
name shall be, and are hereby made capable in law,
to sue and be sued, to plead and be impleaded, de- Maysue,«&c.
fend 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
38
BLACKSTONE RANK.
June 18, 1825.
Proviso.
Capital
Stock.
Manner of
paying in
shares.
■Real Estate.
Proviso.
put in execution such by-laws, ordinances and re-
gulations as to them shall appear necessary and
convenient, for the government of said Corporation
and the prudent management of its concerns : Pro-
vided.^ such by-laws, ordinances and regulations
shall be in no wise contrary to the constitution and
laws of this Commonwealth ; and the said Corpo-
ration shall be always subject to tlie rules, restric-
tions, limitations and provisions herein contained.
Sec. 2. Be it further enacted., That the capital
stock of said Bank shall consist of the sum of one
hundred thousand dollars, in gold and silver, in
shares of one hundred dollars each, to be paid in
the following manner, viz : — One third part thereof
on or before the first day of November next, one
third part thereof on or before the first day of Feb-
ruary next, and the residue thereof, on or before the
first day of June next, or at such earlier time as the
Stockholders at any meeting may order. And no
dividend of profits shall be declared or paid on the
capital stock of said Bank until the whole of said
stock shall have been paid in, conformably to the
provisions of this act; and the Stockholders at their
first meeting, shall, by a majority of votes, deter-
mine the mode of transferring and disposing of the
stock and profits of said Bank, which, being entered
on the books of said Corporation, shall be binding
on the Stockholders, their successors and assigns ;
and the said Corporation are hereby made capable
in law to have, hold, purchase, receive, possess, en-
joy and retain to them, their successors and as-
signs, 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 prin-
ciples, on such security as they shall think proper :
Provided^ however^ that nothing herein contained
shall prevent said Corporation from taking and
holding real estate on mortgage, or on execution,
to any amount, as security for, or in payment of any
debt due to said Corporation; and provided fur-
3LACKST0NE BANK. June 18, 1825. 39
ther, 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.
Sec. 3. Be it further enacted, That the rules, lim-
itations and provisions, which are provided in and
by the third section of an act, entitled, " an act to
incorporate the President, Directors and Company
of the State Bank,' shall be binding on the Bank
hereby established, in the same manner as though
especially recited in this act, excepting that the
bond to be given by the Cashier, shall be given in bond*^'^ ^'^^^
the penal sum of twenty thousand dollars, and the
number of Directors to be annually chosen shall be
nine, and be inhabitants of and residents within the Number of
County of Worcester, in said Commonwealth, and "^^^'^°"-
accountable for the doings of the whole board, five
of whom may constitute a quorum for transacting
business ; Provided, that the amount of bills of the proviso.
said Bank, in circulation, shall not at any time, ex-
ceed the amount of the capital actually paid in.
Sec. 4. Be it further enacted, That said Bank, Location of
shall be established and kept in the town of Ux-
bridge, in the County of Worcester.
Sec. 5. Be it further enacted, That any Commit-
tee especially appointed by the Legislature for that
purpose, shall have a right to examine into the do-
ings of said Corporation, and shall have free access
to all their books and vaults, and if, upon such ex-
amination, it shall be found, and after a full hearing
of said Corporation thereon, be determined, by the
Legislature, that the said Corporation have exceed-
ed the powers herein granted them, or failed to
comply with any of the rules, restrictions or condi-
tions in this act provided, this act of incorporation, forfJited.'^^
shall thereupon be declared to be forfeited and void.
Sec. 6. Be it further enacted, That the persons
herein before named, or any one of them, are au-
thorized to call a meeting of the Stockholders of
said Corporation, at a convenient time and place,
40 BLACKSTONE BANK. June 18, 1825.
by advertising the same three weeks successively in
the Massachusetts Spy, and National ^gis, two
papers printed in Worcester, for the purpose of
making, ordaining and establishing such by-laws,
ordinances and regulations, for the orderly conduct-
ing the affairs of said Corporation, as the Stockhold-
ers shall deem necessary, and for the choice of the
first Board of Directors, and such other officers as
they shall see fit to choose.
Sec. 7. Jtnd be it further enacted^ That the Com-
monwealth shall have a right, whenever the Legis-
lature shall provide therefor, to subscribe, on ac-
count 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
interested in said Bank, the Governor and Council
shall have a right to appoint four additional Direc-
tors for the management of the same.
Sec. 8. Be it further enacted. That the said
Liable to Corporation shall be liable to pay to any bona fide
^^^' ^ holder, the original amount of any note of said
Bank, altered to a larger amount in the course of
its circulation, notwithstanding such alteration, and
shall also be liable to pay to any bona fide holder
the amount of any note of said Bank counterfeited,
unless such note is printed or impressed with the
stereotype plate; and that said Corporation shall
not, at any place whatever, directly or indirectly,
purchase, receive, pay, or exchange any bill or
note of said Bank, or of any other Bank incorpora-
ted within this Commonwealth, for any less sum
than the nominal value expressed in such bill or
note; and no loan or discount shall be made, nor
shall any bill or note be issued by the said Cor-
poration, or by any person on their account, in any
other place than at the said Bank.
Sec. 9. Be it further enacted, That the said Cor-
poration, from and after the first day of April next,
pay to Com- sliall pay, by way of tax to the Treasurer of this
&r'^''^^^''' Commonwealth, for the use of the same, within ten
TOLL. & OTIS TURN. CORP. June 18, 1825. 41
days after the first Monday of April and October,
annually, the half of one per centum on the amount
of stock which shall have been actually paid in.
Sec. 10. Be it further enacted, That whenever
the Legislature shall require it, the said Corpora-
tion shall loan to the Commonwealth any sum of shaiuoan to
money which may be required, not exceeding ^^^Commou-
twenty per centum of the capital stock actually
paid in, reimbursable by five annual instalments,
or at any shorter period at the election of the
Commonwealth, with the annual payment of in-
terest at a rate not exceeding five per centum per
annum.
Sec. 11. Be it further enacted, That the capital
stock of said Bank shall not be sold or transferred,
but be holden by the original subscribers thereto,
for and during the term of one year from the time
of passing of this act. And in case the same shall
not be put into operation according to the provis- This A«t,
ions thereof, within the year aforesaid, it shall be ^^"^^ ""^^^^
void.
[Approved by the Governor, June 18, 1825.]
CHAP. XXIIL
An Act to establish the Tolland and Otis Turnpike
Corporation.
x5E it enacted by the Senate and House
of Represejitatives,in General Court assembled, and
by the authority of the same. That Henry Hamilton, persons in-
Jonathan Hamilton, Joseph Stillman, jun. John Ro- corporated,
gers, Nathan Hall, Elijah Owen, jun. Charles H.
Little, William Moore, Marvin Moore, Allyn Bid-
well, and V. R. Paine, together with such others as
have associated, or may hereafter associate with
6
42 N. E. MANUF. COMPANY. June 18, 1825.
them, their successors and assigns, be, and hereby
are, made a Corporation, by the name of the Tol-
land and Otis Turnpike Corporation, for the pur-
pose of makinis; a turnpike road from the line of the
state of Connecticut, at Hartland hollow, thence in
t^^r^k"^''^*^ a northwest direction on Hubbard's brook, through
a part of Granville and Tolland ; thence in the best
course till it meets the turnpike road near Bevil
Seymour's, in Otis; and for this purpose, shall have
all the powers and privileges, and be subject to all
the duties, requirements and penalties contained in
an act, entitled "nn act defining the general powers
and duties of turnpike corporations," passed the
fifteenth day of March, in the year of our Lord one
thousand eight hundred and five, and the several
acts in addition thereto.
[Approved by the Governor, June 18, 1825.]
CHAP. XXIV.
Am Act to incorporate the New-England Manufac-
turing Company.
Rec. 1. JOE ?'/ enacted by the Senate and House
Representatives in General Court assembled, and
/ the authority of the same, That Darius B. Hol-
brook, Levi Meriam, Charles P. Dexter, and Levi
Brigham, together with such other persons as may
become associates with them, their successors and
assigns, be, and they hereby are, made a corpora-
tion, by the name of the New-England Manufac-
turing Company, for the purpose of manufacturing
cotton, woollen and linen goods, in the town of
Grafton, in the county of \Vorcester; and for this
purpose shall have all the powers and privileges,
and be subject to all the duties and requirements
UNITA. CH. IN DAN VERS. June 18, 1825. 1?
contained in an act passed on the tlurd day of
March, in the j ear of our Lord eighteen hundred
and nine, entitled "'an act defniingthe <reneral pow-
ers and duties of Manufacturing Corporations," and
the several acts in addition thereto.
Sec. 2. Be itfurllicr enacted. That the said Cor-
poration may hold and possess such real estate, not ^"]°""j ''I
exceedinof in value the sum of two hundred thou- sonaf "state'!
sand dollars, and such personal estate, not exceed-
ing in value the sum of three hundred thousand
dollars, as may be necessary and convenient for car-
rying on the manufacture of cotton, woollen and
linen goods.
Sec. 3. Be it further enacted, That any one of
the persons named in this act, be, and is hereby au- f^^^^ '"^•^^
thorized to appoint the time and place for holding
the first meeting of said Corporation and notifj^ them
thereof, either b}^ personal notice or otherwise.
[x^pproved b}^ the Governor, June 18, 1825.]
CHAP. XXV.
An Act for the incorporation of the proprietors of
the first Unitarian Church in Danvers.
Sec. 1. JJE eY e?iacted by the Senate and House
of Representatives, in General Court assembled,
and by the authotity of the same. That Gideon Fos-
ter, Oliver Saunders, John W. Proctor, Jonathan persons in-
Shove, Nathaniel West, Nathaniel Putnam, Moses corporated.
Black, John Endicott, John Peirce, Joseph Tufts,
Jan., Benjamin Goodridge, Abner Sanger, Asa
Sawyer, Joseph Shaw, Jun. William Sutton, Jun.
Oliver C. Felton, Ward Pool, Jun. George South-
wick, Joseph W. Carey, Rufus Wyman, Edward
Upton, Levi Preston, Jun. John Porter, Caleb
44 UNITA. CH. IN DANVERS. June 18, 1825.
Low, Isaac Elliot, Benjamin Wheeler, Wingate
Merrill, Moses Dole, Ebzaphon Prince, Timothy
Holmes, Phineas Chadwick, and Andrew Torr, and
all other persons who now are or hereafter may
become proprietors of, and in the First Unitarian
Church in Danvers, in the County of Essex, their
successors and assigns, shall be, and hereby are
created and established as a religious society and
body corporate and politic, by the name of the
First Unitarian Church in Danvers, and by that
name may sue and be sued, plead and be implead-
Powers, &c. g^^ and possess and enjoy all the privileges, pow-
ers and immunities, to which parishes and other
religious societies, are, by the constitution and
laws of this Commonwealth, entitled; and shall
have authority to take, hold and possess, by grant,
gift, devise or otherwise, any real or personal es-
tate, for the purpose of supporting public worship
and other religious parochial and charitable purpo-
ses, not exceeding the annual income of five thou-
sand dollars; and shall also have authority to choose
and appoint all such officers, and make all such by
laws and regulations, as may seem to them expedi-
ent for the due government of the said society, and
the management of their funds, and other parochial
Proviso. concerns ; Provided, such by-laws and regulations
shall be in no wise contrary to the constitution and
laws of this Commonwealth ; and all meetings of
the said society shall be called and warned in such
manner as the by-laws and regulations thereof shall
provide.
Sec. 2. Be it further enacted, That at all meet-
pew owners \^„^ ^f ^j^g g^ij socictv the proprietor or proprie-
only to vote. ^ /. i i "^ i i ii i
tors of the pews, and no other persons, shall be en-
titled to vote, allowing one vote for every pew. —
But the society may nevertheless, by their by-laws
and regulations, provide for the admission of the
occupant or occupants of any pew to vote in the
choice of any minister to be settled over the 'said
society.
Sec. 3. Be it further enacted, That the said so-
ciety shall have full power and authority, at any
UNITA. CH. IN DAN VERS. Ju?ie 18, 1825. 45
ineetiiig duly called for that purpose, to assess on May tax the
the pews in the said church, all such taxes as may ^^"'^"
he necessary or proper for the maintenance of pub-
lic worship, and the repairs and preservation of
their house, and for all other parochial charges and
expenses according to the relative value of the pews
in ihe same, as this shall be established by an apprai-
sal in conformity with the by-laws of said society ;
and the taxes so assessed shall be a lien on the same
pews respectively, and in case of the nonpayment
of the tax or taxes so assessed, for the space of two ^^ ^ ^^
successive years after the same shall be so assessed, paid, pews
the pew or pews respective!}^ on which the same "I'ly^^soid
shall be assessed, shall be forfeited to the said soci-
ety, and may be sold at public auction, in such man-
ner 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 as-
signs ; and the society shall have full authority to
convey to the purchaser of any pew so sold, a good
and valid title, as proprietor thereof.
Sec. 4. Be it further enacted, That there shall
be an annual meetina: of the society on the first n, ^
-»T 1 p Txir • i • 1 ' Choose ofti"
Monday oi May, in every j" ear, at v/hich meetmg, cers annuai-
or any other meeting duly called, the said society ^^'
may choose their officers, who shall hold their offi-
ces during one year, and until others are chosen in
their stead ; and may also assess all taxes for the
maintenance of public worship, and other parochi-
al charges and expenses, and exercise all and anj^
other powers which under this act of incorporation
the said society are enabled at any time to exercise.
Sec. 5. Be it further enacted, That any person
who shall unite in religious worship with the said
society, by becoming a proprietor or occupant of
any pew, in their house of public worship, in part
or in whole, and shall obtain a certificate thereof
from the Clerk of the said society, that he hath so
united in public worship with them, shall, from and
ing
46 GREEN RIVER MANUF. COM. June 18, 1825.
after obtaining such certificate, and filing the same
with the Clerk of the society left, be exempted
Exempted j^g y^yf.\\ ]jj person as in estate, from all taxation for
Irom other , n ^^ ■ i • • '
taxes. the support 01 religious worship in every other re-
ligious society, so long as he shall continue a pro-
prietor or occupant as aforesaid.
First meet- S^c. 6. Be it further enacted. That the first meet-
ing of said society may be called by the said Gid-
eon Foster, Oliver Saunders, and John W. Proc-
tor, or any two of them, by an advertisement 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 so-
ciet}^, and to carry into effect all the powers
given in this act to the said society, in the same
manner as if they Avere herein speciall}' enumer-
ated.
[Approved by the Governor, June 18, 1825.]
CHAP. XXVI.
An Act to incorporate the Green River Manufac-
turing Company,
Sec. 1. JjE it enacted by the Senate and House
of Representatives in General Court assetnbled, and
Persons in- by the authority of the same. That Joel Parker,
corporated. Charlos Williauis, Thomas Gilbert, John J. Peirce,
and David Willard, together with such others as
may hereafter associate with them and their suc-
cessors, be, and they are hereby made a corpora-
tion, by the name of the Green River Manufactur-
ing Company, for the purpose of manufacturing
cotton and wool, both or either of them, on Green
River, in the county of Franklin, and for that pur-
MIDDLESEX MECH. ASSOC. June 18, 1825. 47
pose, shall have all the powers and privileges, and [[^^^''V"^"
sliall also be subject to all the duties, requirements, " '
and disabilities pr« scribed and contained in an act,
entitled, " an act defining the general powers and
duties of Manufacturing Corporations," passed the
third day of March, one thousand eight hundred
and nine, and in the several acts in addition
thereto.
Sec. 2. Be it further enacted, That the said Cor-
poration in their corporate capacity, shall and may
lawfully hold and possess real estate, not exceed- Amount of
ing thirty thousand dollars, and personal estate, •^^^'^^ ji"*i p«^-
not exceeding one hundred seventy thousand dol-
lars, as may be necessary and convenient for car-
rying on the manufacture of cotton and wool in the
said count}^ of Franklin.
[Approved by the Governor, June 18, 1825.]
CHAP. XXVII.
An Act to incorporate the Middlesex Mechanics'
Association.
Sec. 1. -OE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That Samuel Persons in-
Feckharm and Micajah Rice, with all those who corporated.
have or who may associate with them, be, and they
are hereby incorporated and made a body politic and
corporate, by the name of the Middlesex Mechan-
ics' Association, and by that name shall be known
in law, and said Corporation shall have power to Have a cona-
have and keep a common seal, to contract and ne- ™°" '^^'
gotiate, sue and be sued, make by-laws and regula- R"'es, regu-
tions, and do all other acts which may be necessa- byTw;/"**
ry to effect the objects of their creation.
48
F. EPISC. SOC. IN SOUTHW. June 18, 1825.
Real «fc per-
sonal estate.
Proviso.
Sec. 2. Be it further enacted^ That the said Cor-
poration shall have the power to purchase, hold,
and enjoy real estate to the amount of twenty
thousand dollars, and personal estate, credits, and
effects to the amount of eighty thousand dollars,
and to alienate and manage the said property as
they may see fit : Provided^ that the income of
said Corporation, from whatever source, shall be
always employed and expended for the purpose of
relieving the distresses of unfortunate mechanics
and their families, of promoting inventions and im-
provements, by granting premiums for said inven-
tions and improvements, and of establishing a suit-
able library for the information and instruction of
mechanics in their respective arts.
Sec. 3. Be it further enacted, That the Legisla-
have^'tower *"^^ ^^^^^ ^^^^ powcr to alter, or annul and repeal
to alter, &c. this act, whenover it shall in their opinion be ex-
pedient.
Sec. 4. Be it further enacted, That the said Sam-
uel Feckharm and Micajah Rice, or either of them,
First meet- be, and hereby are empowered to call the first
"^ meeting of said Corporation, by advertising in any
newspaper printed in the county of Middlesex,
fifteen days before the proposed meeting, the time
and place when and where said meeting is to be
held, and at which the said Corporation may pro-
ceed to organize the same.
[Approved by the Governor, June 18, 1825.]
CHAP. XXVIII.
An Act to incorporate the First Episcopal Society
in Southwick.
Sec. 1. xJE it enacted by the Senate and House
oj Representatives in General Court assembled,
romorS" ^^^ ^y '^^ authority of the same. That William
MASS. GAS LIGHT COM, June 18, 1825. 49
Miller, Zur Root, Oliver Root, Nathan Saunders,
Truman Warner, Samuel Talmage, Rodolphus Gil-
let, Sardis Gillct, Simeon Aldrich, Horace Perkins,
Fredini C. Hal comb, Austin Stocking, Socrates
Gillet, Eli L. Moore, Thomas Casson, Reuben
Moore, Moses Gillet, Lucius Beach, Morey Al-
drich, Solomon Tuttle, Argabus D. Preston, Oli-
ver Halcomb, Dav^id Lownsbury, Roger Moore,
Joseph Forward, Gideon Root, Oliver Root, 2d.
William IMoore, Ebenezer K. Mason, Z bina
INIason, Jairus Mason, Samuel Smith, Amos Webb,
Samuel Clark, Plin Clark, George Forvvard, Walter
Perkins, Josiah T. Webb, Pliny Forward, with such
others as may associate with them, and their suc-
cessors, be, and they hereby are incorporated into
a society by the name of the First Episcopal So-
ciety in Southwick, with all the powers and privi-
leges to which other religious societies are enti-
tled by the constitution and laws of this Common-
wealth.
Sec. 2. Be it fm^ther ewrtc/ecf, That the first meet- . First meet-
ing of said Society shall be convened by a war- '"^
rant, to be issued by any Justice of the Peace in
the county of Hampden, directed to any member
of said Society, requiring him to notify the mem-
bers of said Society, to meet at such time and
place as shall be designated in said warrant.
[Approved by the Governor, June 18, 1825.]
CHAP. XXIX.
An Act to incorporate the Massachusetts Gas
Light Compan}^
Sec. 1. i>E it enacted by the Senate and House
of Rppresentaiivcs in General Court assembled,
and by the authority of the same. That Samuel Persons in-
Etheridge, John Windship, Daniel White, and «o'^P«'^^t«<^-
50 BEDFORD COMM. BANK. June 18, 1825.
Ebenezer A. Lester, togetlier with such other per-
sons as may become associates with them, their
successors and assi^^ns, be, and they hereby are
made a Corporation by the name of the Massa-
chusetts Gas Light Company, for the purpose of
making gas to supply gas lights in the city of Bos-
ton, or any other town or city in this Common-
wealth, and for that purpose shall have all the
Powers,priv- powcrs and privileges, and be subject to all the du-
ges, c. ^.^^ ^^^ requirements contained in an act passed on
the third day of March, in the year of our Lord
one thousand eight hundred and nine, entitled, " an
act defining the general powers and duties of Man-
ufacturing Corporations," and the several acts in
addition thereto.
Sec. 2. Be it further enacted, That the said Cor-
Reaiandper- poratiou may liold and possess such real estate, not
sonai estate, (exceeding iu valuc thirty thousand dollars, and
such personal estate, not exceeding in value sixty
thousand dollars, as may be necessary and conve-
nient for carrying on the said business of making
gas for the purposes aforesaid.
[Approved by the Governor, June 18, 1825.]
CHAP. XXX.
An Act in further addition to an act, entitled " an
act to incorporate the President, Directors and
Company of the Bedford Commercial Bank."
Sec. 1. xJE zY enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That the President,
Directors and Company of the Bedford Commer-
„ . cial Bank, be, and they hereby are authorized to
Maymcrease . 7 . ' ^ -i. i / i ^i c
capital stock, mcrease their present capital stock, the sum or one
hundred thousand dollars, in addition to the sum of
one hundred and fifty thousand dollars, which the
LYNN WIRE MAN. COM. June 18, 1825. 51
said incorporation is authorized to hold by the act,
entitled " an act to incorporate the President, Di-
rectors and Company of the Bedford Commercial
Bank," and by the act entitled " an act in addition
to an act, entitled an act, to incorporate the Presi-
dent, Directors and Company of the Bedford Com-
mercial Bank," which said sum shall be divided
into shares of one hundred dollars each, any
thing in the acts aforesaid to the contrar}' notwith-
standing.
8gc. 2. Be it further enacted^ That the sum which
shall be added to the capital stock of said Corpor-
ation, b}^ virtue of this act, shall be subscribed and
paid in, in gold and silver, under the control of the Additional
Directors for the time being, within one year from be'^ddTn" "
the first day of July next : Provided, that the said Proviso.
corporation shall not loan any money, nor discount
any bills on the additional capital hereby authoriz-
ed, until they shall have produced satisfactory evi-
dence to the Governor and Council, that the said
additional sum of one hundred thousand dollars
has been paid in, and actually exists in gold and
silver in their vaults : And, provided also, that the Proviso..
additional stock aforesaid shall be subject to the
like tax, regulations, rules, restrictions, and pro-
visions, under which the present capital stock of
said corporation is now holden.
[Approved by the Governor, June 18, 1825.]
CHAP. XXXI.
An Act in addition to an act, entitled " an act to in-
corporate the Lynn Wire Manufacturing Com-
pany."
Sec. 1. JjE ?7 enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That any Justice
of the Peace, within either of the Counties of Suf-
52 B. LINE OF ROWLEY & BOX. June 18, 1825.
folk, Essex, or Middlesex, may, on application by
John Clark of (^ambridge, or any other member of
Justice of w^Q Lynn Wire Manufacturini^ Company, or inter-
Peace warn .-^^ ,. .^'^. i
meeting, &c. csted therem, issue a notification to the members
of the said Corporation, to meet at some conven-
ient time and place, to be named in said notifica-
tion, for the purpose of choosing the proper offi-
cers provided by law or the by-laws of said corpo-
ration, and to transact such other business as they
may deem proper, agreeably to said act and to the
laws of this Commonwealth ; and the doings of the
said Corporation, pursuant to this act, the act and
laws aforesaid, shall be as good and valid, as they
would have been under their act of incorporation
aforesaid, had they continued to elect officers, and
to act as a Corporation without intermission to the
Proviso. present time ; Provided however^ that such notifi-
cation shall be served upon all persons interested,
or shall be published in one of the newspapers
printed in Boston, thirty days at least before the
time fixed for the meeting aforesaid, any law or
usage to the contrary notwithstanding,
[Approved by the Governor, June 18, 1825.]
CHAP. XXXIL
An Act to alter and establish a part of the boun-
dary line between the towns of Rowley and
Boxford, in the county of Essex.
Prcambi*. WHEREAS a part of the boundary line between
the towns of Rowley and Boxford, in the
county of Essex, has heretofore been by the
easterly side of the road leading from Salem
to Haverhill, in said county ; and whereas the
said road has of late been so widened and al-
line.
ST. JOHN'S CH. IN ASHF'D. June 18, 1825. 53
tered, as to leave that part of said boundary
line in or near the centre of said road. There-
fore,
JjE 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 boundary line between said towns of Rowley
and Boxford, iis is now upon or within the limits
of said road, shall be so altered and changed as to
correspond with what is now the easterly side of
the same as lately widened and located, and the
said \'n\e as altered and established is as follows,
viz: — beginning at the stake and stones on the ,:T'°""^^'^
original line by the easterly side of said road, and
by land of Moses Spofford, then south thirteen de-
grees east, sixteen rods, south thirty-six degrees
east, six rods by the easterly side of said road to
a heap of stones, by land of the heirs of Jona-
than Wood and land of Stephen Spofford, which
heap of stones is the southwesterly corner bound
of the said town of Rowley, as the line is now al-
tered and established, and the same shall, after the
passing of this act, be the boundary line between
the two towns, any law, usage, or custom to the
contrary notwithstanding.
[Approved by the Governor, June 18, 1825.]
CHAP. XXXHI.
An Act to incorporate the Protestant Episcopal
Parish of St. John's Church in Ashfield.
Sec. 1. Jj>E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Bethuel Lil- pgj.g^jjg ,^
ley and Simeon Philips, church-wardens, George corporated.
Hall, David Williams, Austin Lilley, Lot Hall,
54 HAMPDEN BANK. Jtme lH, 1825.
Herod Stocking, vestry-men, with such other per-
sons, either residing in Ashfield or the adjacent
towns, as are, or may hereafter be associated with
them and their successors, be, and they are hereby
int^orporated into a society by the name of the
Protestant Episcopal Parish of St. John's Church
Powers, priv- in Ashficld, with all the privileges, j)owers, and
lieges, &c. immunities which parishes enjoy by the laws of
this Commonwealth.
Sec. 2. Be it further enacted. That said socie-
ty shall have power to order and establish such
Rules, regu- rules, regulations and by-laws for the admission of
by-laws. members, and the management of their concerns,
as they may think proper : Provided^ the same are
not repugnant to the constitution and the laws of
this Commonwealth.
[Approved by the Governor, June 18, 1825.]
CHAP. XXXIV.
An Act to incorporate the Hampden Bank.
Sec. 1. JlSe it enacted by the Senate and House
of Representatives in General Court assembled,
Persons in- and by the authority of the same, That Abner
corporated. p^g^^ Joscph Forward, Enos Foot, Augustus Col-
lins, James Fowler, Thomas Ashley, Arch's Mor-
gan, and Robert Whitney, their associates, succes-
sors and assigns, shall be, and hereby are created
a corporation by the name of the Hampden Bank,
and shall so continue from the passing of this act,
until the first Monday in October, which will be in
the year of our Lord one thousand eight hundred
and thirty-one. And the said corporation shall
always be subject to the rules, restriction?, limita-
tions, taxes, and provisions, and be entitled to the
same rights, privileges, and immunities, which are
contained in an act entitled, " an act to incorporate
HAMPDEN BANK. June 18, 1825. 55
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 effec-
tually as if the several sections of said act were
herein specially recited and enacted : Provided,
however, that the amount of bills issued from said
Bank shall not exceed the amount of their capital
stock actually paid in.
Sec. 2. Be it further enacted, That the capital Capital stock.
stock of said corporation shall consist of the sum
of one hundred thousand dollars, in gold and silver,
to be, besides such part as this Commonwealth
may subscribe in manner hereinafter mentioned,
divided into 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 paytng^in
in nine months, and the residue in one year after shares.
the passing of this act, or at such earlier time as
the stockholders may order, at any meeting regu-
larly holden therefor, and no stockholder shall be
allowed to borrow at said bank until he shall have
paid in his full proportion of the whole of said cap-
ital stock of one hundred thousand dollars, and no
dividend shall be declared on the capital stock of
said bank, until the whole of said capital stock
shall have been paid in, conformably to the pro-
visions of this act ; and the stockholders shall, at
their first meeting, by a majority of votes, deter-
mine the mode of transferring and disposing of said
stock, and the profits thereof, which being entered
in the books of said corporation, shall be binding
on the stockholders, their successors and assigns,
until they shall otherwise determine. And the said
corporation are hereby made capable in law to
have, hold, purchase, receive, possess, enjoy, and p^c^i & per-
retain to them, their successors and assigns, lands, sonai estate.
rents, tenements, and hereditaments to the amount
of five thousand dollars and no more at any one
time, with power to bargain, sell, dispose, and con- powers, &c.
vey the same by deed, under the seal of said cor-
poration, and signed by the President or two of the
6 HAMPDEN BANK. June 18, 1825.
Directors; and to loan and negotiate their monies
and effects by discounting on banking principles,
Proviso. on such Security as they shall think advisable : Fro-
vided, however, that nothing herein contained shall
restrain or prevent said corporation from taking
and holding real estate in mortgage or on execu-
tion to any amount, as security for, or in jiayment
Proviso, of any debts due to the said corporation: ^nd pro-
vided further, that no monies shall be loaned or
discounts made, nor shall any bills or promissory
notes be issued from said Bank, until the capital
stock subscribed and actually paid in, and existing
in gold and silver in their vaults, shall amount to
fifty thousand dollars, and shall have been examin-
ed and certified in the manner prescribed in the
act aforesaid.
Sec. 3. Be it further enacted, That the said Bank
Location of shall be established in the town of Westfield, and
^Number of ^^c number of Directors shall be nine, five of them
Directors. shall be uccessary to constitute a quorum for trans-
acting business ; and a majority of the Directors
shall always be residents in said town of Westfield.
And no loan or discount shall be made, nor shall
any bill or note be issued by said corporation, or
by any person on their account, in any other place
than at the said bank.
Sec. 4. Be it further enacted, That whenever the
Shall loan to Legislature shall require it, said Corporation shall
weaUh™™°" ^^^'^ ^^ ^^^ Commonwealth any sum of money
which shall be required, not exceeding ten per
centum of the capital stock actually paid in, at any
one time, reimbursable by five annual instalments,
or any shorter period, at the election of the Com-
monwealth, vv^ith the annual payment of interest,
at a rate not exceeding five per centum ; Pro-
Proviso. vided, hoivever, that the Commonwealth shall never
stand indebted to the Corporation, without their
consent, for a larger sum than twenty per centum
of their capital actually paid in.
Sec. 5. Be it further enacted. That any three of
First meet- ^|^^ persotts herein before named, may call the first
HAMPDEN BANK. June 18,1825. 57
meetinp: of said corporation, by advertising the
same three weeks successively in the Harnjjden
Reoister, printed in Westfiekl, for the purpose of
makins:, ordaining, and establishing such by-laws, Establish by-
ordinances, and regulations as the stockholders ^^^^' ^'^'
shall deem necessary, and for the choice of the choobo offi-
first Board of Directors and such other officers *^®"' *^°"
as they shall see fit to choose.
Sec. 6. Be it further enacted. That the Com- ^?,'?"",°"'
,,,,,•; . , , IT- wealth shall
monwealth shall have a right, whenever the Legis- have a right
lature shall by law make provision therefor, to sub- to subscribe.
scribe a sum not exceeding one half of the capital
stock actually paid in, to be added to the capital
stock of said corporation, subject to such rules,
regulations, and provisions, as to the management
thereof, as shall by the Legislature be made and
established.
Sec. 7. Be it further enacted, That whenever
the Commonwealth shall subscribe to the capital
stock of said corporation, in manner herein before
provided, in addition to the Directors by law to
be chosen by the stockholders, the Legislature
shall have a right, from time to time, to appoint Legislature
a number of Directors to said Bank in proportion rec^tor"!
as the sum paid from the treasury of the Couimon-
wealth shall bear to the whole amount of stock
actually paid in to said Bank, if at any time here-
after they shall see fit to exercise that right.
Sec. 8. Be it further enacted, That the Cashier,
before entering on the duties of his office, shall
give bond, with sufficient sureties, to the sati^fac- Cashier give
tion of the Board of Directors, in a sum not less
than twenty thousand dollars, conditioned for the
faithful discharge of the duties of his office.
Sec 9. Be it further enacted, That the said Cor-
poration, from and after the first day of April
next, shall pay, by way of a tax, to the Treasurer of shaii pay to
this Commonwealth, for the use of the same, with- eJ^&c!'''^"'^
in ten days after the first Monday in April and
October annually, the half of one per centum on
the amount of stock, actually paid in.
8
58 SWIFT RIVER MANUF. COM. Jime 18, 1825.
Sec. 10. Be it further enacted, That the said
Liable to Corporation shall be liable to pay to any bona fide
pay, &c. holder the original amount of any note of said
'55
how void.
Bank counterfeited, or altered in the course of its
circulation to a larger amount, notwithstanding
such alteration ; shall also be liable to pay to any
bona fide holder the amount of any note of said
bank counterfeited, excepting such note is printed
or impressed with the stereotype plate ; and that
said corporation s!;|all not, at any place whatever,
directly or indirectly, purchase, receive, pay, or ex-
change any bill or note of said Bank, or of any oth-
er Bank incorporated within this Commonwealth,
for any less sum than the nominal value expressed
in such bill or note.
Capital stock Sec. 11. Be it further enacted, That the capital
SIS ^^ stock of said Bank shall not be sold or transferred,
but be holden by the original subscribers there-
to, for and durins; the term of one vear from the
This Act, passing of this act. And in case the same shall
not be put in operation, according to the provis-
ions thereof, within the year aforesaid, it shall be
void.
[Approved by the Governor, June 18, 1825.]
CHAP. XXXV.
An Act to incorporate the Swift River Manufactur-
ing Company.
Sec. 1. xJE it enacted by the Senate and House
of Representatives in General Court assembled, and
Persons in- by the authority of the same. That Thomas Jones,
corpoiate . Leonard Woods, Elihu Lyman, Simeon Waters,
Mark Doolittle, Ichabod Pope, Abner Hale, and
Josiah B. Woods, their associates, successors, and
assigns, are hereby incorporated by the name of
CHANGE OF NAMES. June 18, 1825. 59
the Swift River Manufacturing; Company, to be
located in Enfield, for the purpose of manufactur-
insf woollen and cotton goods, ^yith all the powers ^'^,7'^,'Y"^
and privile2;cs, and subject to all the duties and ' ''^^^'
requirements prescribed in an act, entitled, " an
act defining:!; the general powers and duties of Man-
ufacturina; Corporations," passed the third day of
March, i)i tlie year of our Lord one thousand eis;ht
hundred and nine, and the several acts in addition
thereto.
Sec. 2. Be it further enacted,Th^t the said cor-
poration may hold personal estate, noL exceeding; Amount of
fifty thousand dollars, and real estate not exceed- sonarestatt^
ing; thirty thousand dollars, for the purpose of car-
rying on the manufactures aforesaid.
[Approved by the Governor, June 18, 1825.]
CHAP. XXXVI.
An Act to change the names of the several persons
therein described.
Sec. I. x5E it enacted by the Senate and House
of Representatives in General Court assembled^ and
bij the authority of the same, That John Dunn, ,^^™^^
may take the name of John C. Dunn; that John '^'^""^ "
Fessenden, may take the name of John Peirce Fes-
senden; that Asaph Churchill Leeds,may take the
name of Theodore Churchill Leeds ; that Pierre
Francois Henry Thomas Wilson Melvill, a minor,
may take the name of Thomas Wilson Melvill ;
that Lucius Champlin Parker, may take the name
of Samuel Parker; that Thomas Jefferson Shed,
may take the name of Samuel Adams Shed, all of
Boston, in the county of Suffolk; — that Charles
Holland, may take the name of Lucius Deluce ;
60 CHANGE OF NAMES. June 18, 1825.
that Charles Putnam, may take the name of Charles
Fisk Putnam, both of Salem, in the county of Es-
sex; — That John Park, jun. of Groton, in the coun-
ty of Middlesex, may take the name of John Gray
Park; that Eliza Gardner, may take the name of
Elizabeth Greenleaf Gardner ; that Esther Sewall
Gardner, may take the name of Ann Sewall Gard-
ner, both of Leominster; — that Henry Lane, of
Lancaster, may take the name of Jonas Henry
Lane ; that Clarissa Lee, of Douglas, may take the
name of Clarissa Johnson, all of the county of
Worcester; that Richard Lard, of Enfield, in the
county of Hampshire, may take the name of Rich-
ard Gardner ; that Ebenezer Penniman, jun. of
Braintree, in the county of Norfolk, may take the
name of Daniel Penniman ; tliat John Clapp, may
take the name of Henry Porter Clark ; that Abi-
gail Clapp, his wife, may take the name of Abigail
Jackson Clark, both of Easton ; that Zebina Sum-
ner, of Taunton, may take the name of Edward H.
Sumner, all of the county of Bristol ; that Asa
Briggs, of West Bridgewater, ma}'^ take the name
of Henry Ellis Briggs ; that Henry Wade, of Scit-
uate, may take the name of Henry Stockbridge
Wade, both of the county of Plymouth ; tliat Aaron
Ayres, of Boston, in the county of Suffolk, physi-
cian, may take the name of Aaron Andrews. And
the said several persons herem named, shall here-
after 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.
[Approved by the Governor, June 18, 1825.]
MERCHANTS' BANK OF N. B. June 18, 1825. 61
CHAP. XXXVH.
All Act to incorporate the President, Directors,
and Com])any of the Merchants' Bank of New
Bedford.
Sec. 1. XjE it enacted by the Senate and House
of Representatives Jn General Court assembled^ arid
by the authority of the samc^ That Joseph Rotch, Persons in-
Timothy G. Coffin, David R. Green, VViiliam H. ^^--porated.
Allen, Elisha Haskell, Gideon Allen, Nathaniel Nel-
son, Elisha Dunbar, Robert Ilillman, Ephraim
Kenipton, Abraham Barker, Lemuel Williams, jun.
Thomas Riddle, Job Eddy, William R. Rotch,
Paul Spooner, Ichabod Clapp, and Robert Ingra-
ham, their associates, successors, and assigns, shall
be, and hereby are, created a corporation by the
name of the Merchants' Bank, in New Bedford, and
shall so continue until the first Monday of Octo-
ber, 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
law to sue and be sued, plead and be impleaded, May sue, &c.
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 and establish
and put in execution such by-laws, ordinances, and By-laws, &c,
regulations, as to them may appear necessary and
convenient for the government of said corporation,
and the prudent management of their affairs: Pro- Proviso.
vided^ such by-laws, ordinances, and regulations
shall in no wise be contrary to the constitution and
laws of this Commonwealth, and said corporation
shall be always subject to the rules, restrictions,
limitations, and provisions herein prescribed.
Sec. 2. Be it further enacted. That the capital
stock of the said corporation shall consist of the
sum of one hundred and fifty thousand dollars, in
gold aad silver, divided into shares of one hundred
62 MERCHANTS' BANK OF N. B. June 18, 1825.
Manner of clollai's cach, whicli shall be paid in at four equal
shares". instalments, the first on the first day of Septem-
ber next, and the second, third, and fourth instal-
ments at any time thereafter, within twelve months
from the passinjs; of this act, or at such earlier time
as the stockholders at any meeting thereof may
order; and the stockholders, at their first meeting,
by a majority of votes, may determine the mode of
transferring and disposing of said stock and the
profits thereof, wisich being entered on the books
of said corporation, shall be bindmg on the stock-
holders, their successors and assigns, until they
shall otherwise determine; and the said corporation
Real &pcr- are hereby made capable in law to have, hold, pur-
sonai estate, chasc, receive, possess, enjoy, and retain to them,
and their successors and assigns, lands, tenements,
and hereditaments, to the amount of twelve thou-
sand 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 se-
Proviso. curity as tliey shall think advisable : Provided how-
ever^ that nothing herein contained shall restrain
or prevent said corporation from taking and hold-
ing 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 seventy-five thousand dollars.
Sec. .3. Be it further enacted^ That the rules,
limitations and provisions Avhich are provided in
and by the third section of an act entitled, " an act
to incorporate the President, Directors, and Com-
pany of the State Bank," shall be binding on the
Bank hereb}' established, in the same manner as
though specially recited in this act, excepting that
the bond required to be given by the Cashier shall
be given in the penalty of thirty thousand dollars;
xlIERCHANTS' BANK OF N. B. June 18, 182r). ()3
that tlie number of Directors to be annually cho-
sen shall be nine, and five may constitute a quo- J^^°;jJ ^'
rum for the transaction of business ; and a majori-
ty of said Directors shall be residents of said town :
jlnd provided also, that the amount of bills in cir-
culation, issued from said Bank, shall not, at any
one time, exceed their capital stock actually paid
in.
Sec. 4. Be it further enacted, That said Bank
shall be established and kept in the town of New Location of
Bedford. ^^"'^
Sec. r>. Be it further enacted, That any com-
mittee, specially appointed by the Legislature for
that purpose, shall have a right to examine into the
doings of said corporation, and shall hav^e free ac-
cess to all their books and vaults, and if, upon such
examination, it shall be found, and after a full hear-
inac of said corporation thereon, be determined by
the Legislature, that the said corporation have ex- charter, how
ceeded the powers herein granted them, or failed
to comply with any of the rules, restrictions, or
conditions in this act provided, this act of incor-
poration shall thereupon be declared to be forfeit-
ed and void.
Sec. 6. Be it further enacted, That Joseph
Botch, Tim. G. Coffin, William H. Allen, Gideon
Allen, David R. Green, and Elisha Haskell, are First Meet-
authorized to call a meeting of the stockholders '"g
of said corporation at a convenient time and place,
by advertising the same three weeks successively,
in the New Bedford Mercury and Gazette, news-
papers printed in New Bedford, for the purpose of
making, ordaining, and establishing such by-laws,
ordinances and regulations, for the orderly con-
ducting the affairs of said corporation, as the
stockholders shall deem necessary, and for the
choice of the first Board of Directors, and such
other officers as they shall see fit to choose.
Sec. 7. Be it further enacted. That the Com- Common-
monwealth shall have a right, whenever the Legis- J^^bi^Jibr'
lature shall provide therefor, to subscribe on ac- ^" ^"' "'
64 MERCHANTS' BANK OF N. B. Jwwe IS, 1825.
count of said Commonwealth, a sum not exceed-
ing seventy-five 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.
Sec. 8. Be it further enacted, That the said
corporation shall be liable to pay to any bona fide
holder the original amount of any note of said
Bank liable Bank, altered to a larger amount in the course of
notS^^ ^ its circulation, notwithstanding such alteration, and
shall also be liable to pay to any bona fide holder
the amount of any note of said Bank counterfeited,
unless such note is printed, or impressed with the
stereotype plate ; and that said corporation shall
not, at any place whatever, directly or indirectly,
purchase, receive, pay or exchange any bill or
note at said Bank, or of any other Bank incorpora-
ted within this Commonwealth, for any less sum
than the nominal value expressed on said bill or
note ; and no loan or discount shall be made, nor
shall any bill or note be issued by the said corpo-
ration, or by any person on their account, in any
other place than at said Bank.
Sec. 9. Be it further enacted, That said corpo-
ration, from and after the first day of October
Annual tax. next, sliall pay by way of tax to the Treasurer of
this Commonwealth, for the use of the same, with-
in 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.
Sec. 10. Be it further enacted. That whenever
the Legislature shall require it, the said corpora-
shaiiioanio (jon shall loau to the Commonwealth, any sum of
Common- i • i i • i . t
wealth. money which may be required, not exceeding
twenty per centum of the capital stock actually
paid in, reimbursable by five annual instalments,
or at any shorter period at the election of the
CAL. BAP. SOCIETY IN MID. June 18, 1825. 65
Commonwealth, with the annual payment of in-
terest at a rate not exceeding five per centum per
annum.
Sec. 11. Be it further eiiacted^ That the capi-
tal stock of said Bank shall not be sold or trans- ^^°'^)i"*'J.
ferred, 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, r^Wi^ act
it shall be void. how void.
Sec. 12, Be it further enacted,, That no divi-
dend 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 pro-
visions of this act.
[Approved by the Governor, June 18, 1825,]
CHAP. XXXVIII.
An Act to incorporate the Third Calvinistic Bap-
tist Society in the town of Middleborough, in
the County of Plymouth.
Sec. 1. UE it enacted by the Senate and House
ef Representatives,, in General Court assembled,
and by the authority of the same, That Elisha Ri- Persousin-
der, Elisha Clark, Isaac Cushman, Job Shearman, <^«'p°"^''''-
Barnabas Perkins, Eiias Cushman, John Benson,
George Cushiuan, Josiah Barrow, Standish Rider,
William Neison, Aberdeen Keith, Isaac Cushman
third, Foster H. Kvnth, Zenas Bishop, Samuel P.
Keith, Ransom Fisk, Asahel Hacket, Zebedee
Cobb, Ancil Wood, Ancil Wood, Jun., John Car-
ver, Asa Barro\\s, Elias Cushman third, Ebenezer
Smith, David A. Vaughan, Zebulon Cushman,
9
66
CAL. BAP. SOCIETY IN MID. June 18, 1825.
Authorized
to raise a
fund.
Proviso.
Interest only
to be used.
First meet-
ing.
Samuel Cobb, Jonathan Cobb, Josiah Leonard,
Moses Gibbs, Reuben Gibbs, Abiel Peirce, Nathan
Rider, Moses Shaw, Nathan Shearman, Otis Per-
ry, and Eli Peirce, all of Middleborough, in the
county of Plymouth, and Allen Thatcher, and
Joshua Benson, of Rochester, in said county, with
their families and estates, together with such other
persons as may hereafter associate with them, be,
and the}^ are hereby incorporated into a religious
society, by the name of the Third Calvinistic Bap-
tist Society, in the town of Middleborough, in the
county of Plymouth, with all the privileges, pow-
ers and immunities, to which parishes and religious
societies are entitled by the constitution and laws
of this Commonwealth.
Sec. 2. Be it further enacted^ That the members
of said corporation are hereby authorized to raise,
by donation or subscription, a fund for the pur-
pose of supporting a Calvinistic Minister of the
Baptist denomination in said societ}^ : Provided,
the annual income thereof ahall not exceed six
hundred dollars ; and all subscribers to said fund
shall be holden, by law, to pay the same according
to the subscription.
Sec. 3. Be it further enacted, That said fund
shall be under the direction and management of
five Trustees, to be chosen annually by said socie-
ty, who shall be under the direction of the socie-
ty, and shall account with said society or their
committee annually for the same.
Sec. 4. Be it further enacted, That said fund
shall be put at interest, the interest of which, and
that only, shall be applied to pay the salary of a
minister before described, and no part of the prin-
cipal of said fund shall ever be expended.
Sec. 5. Be it further enacted, That Isaac Ste-
vens, esquire, is hereby authorized, to issue his
warrant for the calling the first meeting of said so-
ciety, for the choice of officers, and for organizing
said society.
[Ai)proved by the Governor, June 18, 1825.]
POORS' FUND IN CHx\RLES. June 18, 1825. 67
CHAP. XXXIX.
An Act in addition to an act, to incorporate the
North Parish Congregational Funding Society,
in Wrentham.
a5E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That the Trea-
surer of said Funding Society shall not pay out of Trustees' or.-
the treasury any money, without an order from the drawnloney
Trustees, in conformity to some vote of the socie-
ty; any thing in the act to which this is an addi-
tion, to the contrary notwithstanding.
[Approved by the Governor, June 18, 1825.]
rsons 111-
CHAP. XL.
An Act to incorporate the Trustees of the Poors-
Fund in the town of Charlestown.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of the same. That James K. pers
Frothinghara and others, selectmen of the town of corporated
Charlestown, and Thomas Miller, Amos Tuffs and
Matthew Skilton, deacons of the First Congrega-
tional Church, William Arnold and James Fos-
dick, deacons of the Baptist Church, Moses Hall,
Daniel Tufts and Joseph Gould, deacons of the
Universalist Church, Joseph Phipps and Elias
Phinney, deacons of the New Church, all of said
Charlestown, for the time being, and their succes-
sors in the said offices of selectmen and deacons.
68
POORS' FUND IN CHARLES. Jime 18, 1825
Povve
ileges, &c
rs, priv-
Proviso.
Officers,
and
Receive
hold propc
ty.
for the time being, be, and they hereby are, made
a body politic and corporate forever, by the name
of the Trustees of the Charlestown Poors' Fund,
for the purpose of managing certain donations, giv-
en and bequeathed at different periods of time, by
Richard Russell, Esq., Captain Richard Sprague,
Mr. Thomas Call, and Richard Devens, Esq. all for-
merly inhabitants of the said Charlestown, and such
other funds as may come into their hands for like
purposes; and the said Trustees, by the name afore-
said, may sue and be sued, prosecute and defend
suits, with power of substitution, and may have a
common seal, and the same may alter and renew at
pleasure; and the two senior deacons of all regu-
larly organized religious churches, which may
hereafter be constituted in said town of Charles-
town, shall be considered as members of said board
of trust : Provided^ that whenever any new society
shall be constituted in said town, the board of trust
shall be composed of the selectmen and two senior
deacons from each church, for the time being, and
their successors in said offices.
Sec. 2. Be it further enacted, That the said Trus-
tees may choose a Treasurer and other necessary
officers, and ma}^ adopt all needful by-laws and reg-
ulations for the government of the corporation, not
repugnant to the constitution and laws of this Com-
monwealth, and the same may alter as they may
fnid expedient and necessary.
Sec. 3. Be it further etiacted, That the said Trus-
tees shall have full power to receive and hold all
money, securities, and other estate, real or person-
al, now constituting the said Poors' Fund, and also
to receive and hold all gifts, grants and donations,
real and personal, that may hereafter be made to
increase the said fund, and the same to manage and
put on interest, and to apply the income thereof,
annually, for the relief of the poor of said town for-
ever, conformably to the true intent and meaning
of the several donors : Provided, hoivever, that the
CONGRE. PRE. IN ROCH. &c. June 18, 1825. 69
annual income of said fund, shall not exceed the
sum of two thousand dollars.
Sec. 4. Be it further enacted, That the said Trus- Trustees
tees shall have power to make sale of any of their ^eny^*^ ^^^
property, real or personal, purchased or given, as
they shall judge most for the interest of their said
trust, unless that which shall be given, be express-
ly otherwise appropriated by the donor ; and all
monies arising from such sale and the subsequent
income, shall be applied to the same use, to which
the property sold and the income thereof were re-
spectivel}^ applicable, and all deeds, conveyances,
contracts and other instruments, duly authorized by
the board at a regular meeting, and signed by the
President and attested by the Secretary, shall be
good and v?lid.
Sec. 5. Be it further enacted. That James K. „.
r irst niBtil"
Frothingham be, and he hereby is, authorized to ing.
call the first meeting of the Trustees, at such time
and place as he shall think proper.
[Approved by the Governor, June 18, 1825.]
CHAP. XLI.
An Act to establish the Third Congregational Pre-
cinct in Rochester, Middleborough, and Free-
town.
Sec. 1. -TSE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Nathaniel Persons in-
Morton, Job Morton, Caleb Briggs, Jacob Bennett, ^^•^po'^a'^d.
and John Perkins, and their successors, be, and
they hereby are constituted a body politic and cor-
porate forever by the name of the Trustees of the
Third Congregational Precinct in Rochester, Mid-
70
CONGRE. PRE. IN. ROCH. &c. June 18, 1825.
bo
Real and per-
sonal estate.
lo sue and dleborougli, and Freetown ; and may sue and be sued
JO bi>feQ. ^^^ ^|, j^pi-JQjjg^ j.gj^|^ personal and mixed, and prose-
cute and defend the same to final judgment and
execution, by the name aforesaid.
Sec. 2. Be it further enacted^ That said Trustees
be, and hereby are vested with, and shall have full
povver to receive into their hands all monies and
securities for money, and all bequests and sub-
scriptions which may now be in the possession of
said precinct, or the Treasurer thereof, and all
iisonies, subscriptions, donations, bequests, and se-
curities for real or personal estate, which hereafter
may be raised, given, or made, for the use of said
precinct, and the said Trustees are hereby empow-
ered, by purchase or operation of law, to take,
have, hold, use, improve, and manage any es-
tate, real, personal or mixed, the annual income
whereof shall not exceed the sum of one thousand
dollars, in trust for the support and maintenance
of the gospel ministry, and other expenses of said
precinct ; and any gift, grant, bequest, or devise
hereafter made to said Trustees, or their succes-
sors, shall be valid and effectual to all intents and
purposes whatever: Provided however, that the
funds of said precinct shall be unalienable, that its
proceeds shall in no case be appropriated but for
the benefit of said precinct; and that the capi-
tal or principal of said fund shall never be en-
croached upon, or at any time reduced.
Sec. 3. Be it further enacted, That any three
of said Trustees shall constitute a Board for the
transaction of business, but the concurrence of that
number shall be necessary to every act and pro-
ceeding whatever; and said Trustees shall fill
all vacancies at their Board, as they shall arise
from death, resignation, incapacity, or removal
from the ("ommonwealth.
Sec 4. Be it farther enacted. That said Trus-
tees shall choose a Treasurer, who shall be under
bond for the faithful performance of his duty, and
such other officers as they may deem expedient,
Proviso.
Choose offi
c6rs.
MILLBURY BANK. June 18, 1825. 71
and shall have power to make such rules, regula-
tions, and by-laws, not inconsistent with the con-
stitution and laws of this Commonwealth, as they
judge necessary for the convenient transaction
of their business.
[Approved by the Governor, June 18, 1825.]
CHAP. XLII.
An Act to incorporate the President, Directors,
and Company of the Millbury Bank.
Sec. 1. KE it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same. That Asa Waters, Persons in-
Amasa Wood, Caleb Burbank, Joseph Goffe, Wil- -'"p-^^'^'^
liam M. Benedict, Orra Goodale, Simon Farns-
worth, Charles Prentice, Charles Parkman, 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
Millbury Bank, and shall so continue until the first
Monday of October, in the year of our Lord one
thousand eight hundred and thirty-one, and by that
name shall be, and are hereby, made capable in
law to sue and be sued, to plead and to be impleads „
■■ , -*■ 1 OWGl'S, pri-
ed, defend and be defended, in any Court of Re- viicges, &c
cord, ar any otiier place whatever ; and also to
make, have and use, a common seal ; and to or-
dain, establish, and put in execution such by-laws,
ordinances and regulations, as to them shall ap-
pear necessary and convenient for the government
of said corporation, and the prudent management
of its concerns : Provided, such by-laws, ordinan- Proviso.
ces and regulations, shall be in no wise contrary to
the constitution and laws of this Commonwealth.
t*
72 MILLBURY BANK. June 18, 182b.
Sec. 2. Be it further enacted^ That the capital
Capital stock g^od^ of Said Bank, shall consist of the sum of one
hundred thousand dollars, in gold and silver, in
shares of one hundred dollars each, to be paid in
the following manner — one third part thereof on
in ^" P^' or before the first day of November next, one
third part thereof on or before the first day of
February next, and the residue thereof on or be-
fore the first day of June next, or at such earlier
time as the stockholders at any meeting may or-
der; 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-
formable to the provisions of this act; and the
stockholders at their first meeting shall, by a ma-
jority of votes, determine the mode of transferring
and disposing of the stock and profits of said Bank,
which, being entered on the books of said corpo-
ration, shall be binding on the stockholders, their
successors and assigns; and the said corporation
are hereby made capable in law, to have, hold,
purchase, receive, possess, enjoy, and retain to
them, their successors and assigns, lands, rents,
tenements, and hereditaments, to the amount of
five thousand dollars and no more, at any one time,
with power to bargain, sell and dispose of the
same, and to loan and negotiate their monies and
effects by discounting on banking principles, on
such security as they shall think proper : Provi-
Proviso. ^^^ however, that nothing herein contained shall
prevent said corporation from taking and holding
real estate, on mortgage, or on execution, to any
amount, as security for, or in payment of any debt
due to said corporation : And provided farther,
that no money shall be loaned, or discounts made,
nor shall any bill be issued from said Bank, until
the capital subscribed and actually paid in, and ex-
isting in gold and silver in the vaults of the same,
shall amount to fifty tliousand dollars.
Sec. 3. Be it further enacted, That the rules,
limitations and provisions, which are provided in
» f
MILLBURY BANK. June 18, 1825. 73
and by the third section of an act entitled, " an act
to incorporate the President, Directors, and Com-
pany of the State Bank," shall be binding on the
Bank hereby established, in the same manner as
though especially recited in this act, excepting
that the bond to be given by the Cashier shall be ^^^^Jj'" S'^«
given in the penal sum of twenty thousand dol-
lars ; and the number of Directors to be annually J^°;ojf ^''
chosen shall be nine, and be inhabitants of and
residents within the county of Worcester, in said
Commonwealth, and accountable for the doings of
the whole Board, five of whom may constitute a
quorum for transacting business : Provided, that Proviso
the amount of bills of the said Bank in circula-
tion, shall not at any one time exceed the capital
actually paid in.
Sec. 4. Be it further enacted, That the said
Bank shall be established and kept in the town of Jj^.'"""^
Millbury, in the county of Worcester; and a ma-
jority of the Directors shall always be resident in
said town, and all of them in the county of Wor-
cester; and no loan or discount shall be made, nor
shall any bill or note be issued by the said corpo-
ration, or by any person on their account, in any
other place than at the said Bank.
Sfx. 5. Be it further enacted, That any commit-
tee, especially appointed by the Legislature for that
purpose, shall have a right to examine into the do-
ings of said corporation, and shall have free access
to all their books and vaults, and if, upon such ex-
amination, it shall be found, and after a full hear-
ing^of said corporation thereon, be determined by
the Legislature, that the said corporation have ex-
ceeded the powers herein granted them, or failed charter, how
to comply with any of the rules, restrictions, or ^°'^^^'^^*'-
conditions, in this act provided, this act of incor-
poration shall thereupon be declared to be forfeit-
ed and void.
Sec. 6. Be it further enacted. That the persons
herein before named, or any one of them, are au- ?'^^^^^®^^"
thorized to call a meeting of the stockholders of
10
74 MILLBURY BANK. June 18, 1825.
said corporatior, at a convenient time and place,
by advertising the same three weeks successively,
in the Massachusetts Spy and National ^gis, two
papers printed in Worcester, for the purpose of
making, ordaining and establishing such by-laws,
ordinances and regulations, for the orderly con-
ducting the affairs of said corporation, as the
stockholders shall deem necessary, and for the
choice of the first Board of Directors, and such
other officers as they shall see fit to choose.
Sec. 7. Be it further enacted, That the Common-
wealth shall have a right, whenever the Legisla-
Common- turc shall provide tlierefor, to subscribe on account
subscVibT^ of said Commonwealth, a sum not exceeding fif-
ty thousand dollars, to be added to the capital stock
of said corporation herein before provided for, and
whenever the Commonwealth shall become so in-
terested in said Bank, the Governor and Council
shall have a right to appoint four additional Direc-
tors for the management of the same.
Sec. 8. Be it further enacted., That the said cor-
Liabie to poration shall be liable to pay to any bona fide
^"^' ^' holder the original amount of any note of said
Bank altered to a larger amount in the course of
its circulation, notwithstanding such alteration ;
and shall also be liable to pay to any bona fide holder
the amount of any note of said Bank counterfeited,
unless such note is printed or impressed with the
stereotype plate ; and that said corporation shall
not, at any place whatever, directly or indirectly,
purchase, receive, pay, or exchange any bill or
note of said Bank, or of any other bank incorpora-
ted within this Commonwealth, for any less sum
than the nominal value expressed in such bill or
note.
Sec. 9. Be it further enacted, That the said cor-
Pay to Com- poratiou, from and after the first day of April next,
monweaith, shall pay, by way of tax, to the Treasurer of this
Commonwealth for the use of the same, within ten
days after the first Monday of April and October,
CONG. SOC. IN N. BRIDGEW. Jtme 18, 1825. 75
annually, the half of one per centum on the amount
of stock which shall have been actually paid in.
Sec. 10. Be it further enacted, That whenever
the Legislature shall require it, the said corpora-
tion shall loan to the Commonwealth any sum of siiaii loan to
money which may be required, not exceedino; twen- wealth™™""
ty per centum of the capital stock actually paid in,
reimbursable by five annual instalments, or at any
shorter period, at the election of the Common-
wealth, with the annual interest, at a rate not ex-
ceeding five per centum per annum.
Sec. 11. Be it fur ihcr enacted, That the capital
stock of said Bank shall not be sold or transferred, ^^^p!^^' ''^"/"^^
but be holden by the original subscribers thereto, sofd, &«.
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.
[Approved by the Governor, June 18, 1825.]
CHAP. XLIII.
An Act to incorporate the Second Congregational
Society in the town of North BridgeAvater.
Sec. 1. JlJe it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That Abiel King- peraons »
man, Micha Packard, David Cobb, jun. Nathan corporated.
Hayward, Gideon Harvard, David Packard, Mar-
cus Shaw, Jesse Packard, John Battles, Hiram
Atherton, Nahum I. Smith, Newton Shaw, Anthony
S. Allen, Edwin Kuth, Washburn Packard, Asa Britt,
Harvey Hersey, Samuel Thayer, Samuel Howard,
Eliphalet Thayer, Oliver Snell,jun. Zebah Thayer,
Sihon Packard, jun. Appollos Howard, Wihome
Howard, Caleb Howard, jun. Azor Packard, Simeon
Dunbar, Nathaniel H. Cross, Joseph S. Packard,
Joseph D. Snell, Zenas Packard, jun. Stillraan Wil-
76
CONG. SOC. IN N. BRIDGEW. June 18, 1825.
Powers, priv-
ileges, &c.
First meet-
ing.
Officers, &c.
lis, Silas Snow, Silas Snow, jun. John Curtis, Ro-
sea Packard, Asa Shaw, Samuel Packard, William
Curtis, jun. Isaac Packard, Isaac Richards, John
Field, Zophar Field, Austin Howard, Josiah W.
Curtis, Richmond Carr, Otis Howard, David Ed-
son, third, Luke P. Lincoln, Thomas Reynolds,
Azel Reynolds, Oliver Snell, Isaac Snell, Jeremiah
Snell, James J. Sanders, Daniel Bryant, Ara Bat-
tles, Abijah Childs, Thomas White, Thomas White,
jun. Arza Leonard, and John White, with their
families and estates, together with such others as
may hereafter associate with them^ and their suc-
cessors, be, and they are hereby incorporated into
a society by the name of the Second Congre-
gational Society in the town of North Bridge wa-
ter, with all the privileges, powers, and immuni-
ties which other religious societies in this Com-
monwealth are by law entitled to, and may pur-
chase, receive by gift, or otherwise, real estate to
the value of which shall not exceed the sum of
eight thousand dollars.
Sec. 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 a meeting house,
which may be erected for the use of said society,
to be recorded by the Clerk of said society, in a
book to be especially provided for that purpose ;
and all deeds, legally executed and recorded as
aforesaid, shall be deemed sufficient in law, any
law or usage to the contrary notwithstanding.
Sec. 3. Be it further enacted, That any Justice
of the Peace for the county of Plymouth, upon ap-
plication therefor, be, and is hereby authorized
and empowered to issue his warrant to some mem-
ber of said society, requesting him to notify the
first meeting of said society, at such convenient
time and place as may be appointed in said war-
rant, for the election of officers, and to transact
such parochial business as may be authorized in
said warrant.
[Approved by the Governor, June 18, 1825.]
Persons in-
corporated.
^ETNA INS. CO. IN BOSTON. June 18, 1825. 77
CHAP. XLIV.
An Act to incorporate the ^tna Insurance Com-
pany in Boston.
Sec. 1. xJE zY enacted hy the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That William Hales,
Daniel Sarp;cnt, Henry Lunt, Nathaniel G. Snell-
ins;, Lewis Tappan, Charles Thacher, John T. Ap-
thorp, Thomas Wigglesworth, Henry Lee, and
William Lawrence, with their associates, succes-
sors and assigns, be, and they hereby are incorpo-
rated into a Company and Body Politic, by the
name of the ^Etna Insurance Company, with pow-
er to insure Manufactories, and other buildings Powers pn-
~ VllC*''GS Olq .
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 Insu-
rance Companies," passed the sixteenth day of
February, in the year of our Lord one thousand
eight hundred and eighteen, so far as they may
apply to a corporation established for the exclu-
sive purpose of insuring against the risk of fire,
and with authority to make insurances against fire,
on buildings, machinery and stock employed in
manufacturing, and on dwelling houses and all oth-
er 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 implead-
ed, appear, prosecute, and defend to final judg-
ment and execution; and may have a common
seal, which they may alter at pleasure; and may pur-
chase, hold and convey any estate, real or personal,
for the use of said company ; Provided, their real Proviso,
estate shall not exceed the value of one hundred
thousand dollars, excepting such as may be taken
for debt, or held as collateral security for monies
due to said Company.
78 .^TNA INS. CO. IN BOSTON. June 18, 1825.
Sec. 2. Be it further enacted, That the capital
Capital stock. ^^^^^ ^^ g^jj Company shall be one million of dol-
lars, and said capital shall be divided into shares
of one hundred dollars each, the whole of which
When paid shall be paid in quarterly payments, in three, six,
nine, and twelve months, after the first meeting of
the Company, fifty per cent, of which shall be se-
cured, agreeable to the provisions contained in the
third section of an act " to define the powers, du-
ties and restrictions of Insurance Companies," pas-
sed February the sixteenth, in the year of our
Lord one thousand eight hundred and eighteen.
The residue of the capital shall be invested in
such manner as the Directors may in their discre-
tion think proper, for the ample security of the
same.
Sec. 3. Be it further enacted, That the stock,
property, affairs, and concerns of the said Compa-
ny, shall be managed and conducted by twenty-
dutTes*of\c ^'^'^ Directors, one of whom shall be President
thereof, and 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 Wednesday in Janu-
ary in every year, at such time of the day, and at
such place in Boston, as a majority of the Direct-
ors for the time being shall appoint, of which elec-
tion public notice shall be given in two of the
newspapers printed in Boston, and continued for
the space of ten days preceding such election,
which shall be made by ballot, and by a majority
of the votes of the stockholders present, allowing
Proviso. one vote to each share in the capital stock ; Pro-
«J2rfe<?, that no stockholder be allowed more, than
thirty votes, and the stockholders not present may
vote by proxy ; and if, from any cause, the Direct-
ors should not be chosen on the second Wednes-
day in January as aforesaid, it shall be lawful to
choose them on any other day, in the manner here-
in prescribed.
^TNA INS. CO. IN BOSTON. Jim^ 18, 1825. 79
Sec. 4. Be it farther enacted^ That the Diiect-
ors shall meet as soon as may be, after every elec-
tion, and choose from their Board, one person to
be President, who shall be sworn to the faithful President.
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 meet-
ings, may be filled by a special election in the
manner herein prescribed for the annual elections.
Sec. .0. Be it further enacted, That the Presi-
dent and four Directors, or five Directors in the
absence of the President, shall be a Board com-
petent 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 pow- Board make
er to make such rules and bjMaws as they may y'^^^' ^
deem proper for the management of the affairs,
and security of the propert}' of said Company ;
and have power to appoint a Secretary, and such
other officers as they may think necessary ; and
make such compensations as they may deem ade-
quate to the services performed : Provided, that Proviso
such rules and b)-laws be not repugnant to the
constitution and laws of this Commonwealth.
Sec 6. Be it further enacted, That any two
of the persons named in this act, are hereby au-
thorized to call a first meeting of said Company, f^l^^ '"®^''
for the purpose of organizing and carrying the
same into operation, by giving notice in two of the
newspapers printed in Boston, four days previous
to the time of holding such first meeting.
Sec. 7. Be it further enacted, That said Com-
pany shall never take, on any one risk, a sum ex-
ceeding ten per centum on the capital stock of
said Company actually paid in, agreeable to the
provisions contained in this act.
Sec. 8. Be it further enacted. That the said
^tna Insurance Company shall be liable to be Liable to be
taxed by any general law providing for the taxa- ^^^^ '
tion of all similar corporations.
[Approved by the Governor, June 18, 1825.]
80
COLUMBIAN MANUF. COM. June 18, 1825.
Persons in-
corporated.
Objects of
corporation.
Amount of
corporate
property.
CHAP. XLV.
An Act to incorporate the Columbian Manufactur-
ing Company.
Sec. I . JJ E zY enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That Ebenezer D.
Ammidown, Moses Plympton, and Samuel Hart-
well, jr. together with such others as may hereaf-
ter be associated with them, and their successors,
be, and they are hereby made a corporation, by the
name of the Columbian Manufacturing Company,
for the purpose of manufacturing cotton and wool-
len goods, and grinding grain, in the town of South-
bridge and county of Worcester; and for these
purposes, shall have all tlie 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
hvmdred and nine, entitled " an act defining the gen-
eral powers and duties of manufacturing corpora-
tions," and the several acts in addition thereto.
Sec. 2. Be it further enacted, That the said cor-
poration may be lawfully seized and possessed of
such real estate, not exceeding fifty thousand dol-
lars, and such personal estate, not exceeding one
hundred thousand dollars, as may be necessary and
convenient for the purposes assigned.
[Approved by the Governor, June 18, 1825.]
M'T PLEAS. C. & W. MAN. CO. June 18, 1325. 81
CHAP. XLVI.
An Act in addition to an act, to incorporate the
Boston and Springfield Manufacturing Com-
pany.
XjE // enacted by the Senate and House
<tf RepreseNtalivesAn General Court assembled^ and
by the authority of the same, That the Boston and
Springfiehl Manufacturing Company, be, and they
hereby are, allowed to increase their capital stock increase of
the sum of five hundred thousand dollars, to be capUaistock.
divided into shares of one thousand dollars each ;
and tfiat said corporation may invest and hold a
part of their whole capital, not exceeding three
hundred thousand dollars, in real estate, and the
residue in personal estate.
[Approved b}^ the Governor, June 18, 1825.]
CHAP. XLVH.
An Act to incorporate the Mount Pleasant Cotton
and VV^oollen Manufacturing Compan}'.
Sec. 1. 15 E it enacted by the Senate and, House
of Representatives in General Court assembled,
and by the authority of the same. That Daniel Persons m-
Upham, John A. Sniith, Emory Washburn, James corporated.
Smith, Nathaniel P. Denny, and Joshua Clapp,
their associates, successors, and assigns, be, and
they hereby are made a corporation by the name
of the Mount Pleasant Manufacturing Company,
for the purpose of manufacturing cotton and wool-
en goods, in the town of Leicester, in the county
of VVorcester, and for this purpose shall have all
the powers and privileges, ancl be subject to all powers.priv-
the duties and requirements, contained in an act iicges, &c,
11
82 ALE WIVES IN WEYMOUTH. June 18, 1825.
passed on the third day of March, in the year of
our Lord one thousand eii^ht hundred and nine,
entitled, " an act defining the general powers and
duties of manufacturing corporations," and the acts
in addition thereto.
3toS^"^^ Sec. 2. Be it further enacted., That the capital
stock shall not exceed the sum of two hundred
thousand dollars, personal, and one hundred thou-
sand dollars real estate.
[Approved by the Governor, June 18, 1825.]
CHAP. XLVIH.
An Act in addition to an act, entitled, " an act for
regulating and disposing of the fish called ale-
wives, within the limits of the town of Wey-
mouth, and for the more effectually securing to
the said town the advantages thereof."
Preamble. WHEREAS, an agreement has been entered into
between the proprietors of the Falls and water
privileges on Alewife River, and the town of
Wevmouth, for the removal of the objections
which exist in the minds of said proprietors un-
der the act to which this is in addition, to the
use of their water po\ver, for manufacturing
purposes; in pursuance of said agreement —
Sec. 1. oE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the propri-
etors of the water falls and mill privileges on Ale-
wife river, in Weymouth, be, and they are hereby
Fish ways authorized and empowered to erect proper fish
ways, which shall be satisfactory to commissioners
to be appointed as is hereinafter provided, and said
ALE WIVES IN WEYMOUTH. June 18, 1823. 83
commissioners, when thus appointed, shall have ^,.g'",o^^!g|.""j;
full power to settle difticiilties which may arise
between the town and said proprietors, on the
complaint of either party, and the cost of such
meetins; shall be awarded to either party by the
commissioners.
Sec. 2. Be it further enacted, That his Excel-
lency the Governor, with advice of Council, be,
and he is hereby authorized and empowered to
appoint three suitable persons to be commission-
ers for the purposes afoiesaid. And it shall be the
duty of said commissioners, when any complaint ^"'"^^' *^^-
is filed by either party, to give reasonable notice
to the other party, of the time and place fixed for
enquiring into and deciding on the same, and in
case of disagreement, the decision of any two of
said commissioners shall be final.
Sec. 3. Be it further enacted, That whenever
any obstruction shall be made to the passage of
said fish into Whitman's pond, and repassing from
thence to the sea, instead of the fish committee
appointed by said town, having power as is provi-
ded by the act to which this is in addition, to enter
the land of any person or persons, for the purpose
of removing such obstructions, it shall be the du-
ty of said committee to make complaints thereof er^roTecetve
to the commissioners aforesaid; who shall proceed complaints.
to consider, examine and decide upon the same,
according to the provisions of this act.
Sec. 4. ^nd be it further enacted, That such
parts of the act to which this is in addition, as is
inconsistent with the provisions of this act, be, and
the same is hereby repealed.
[Approved by the Governor, June 18, 1825.
84 MERCH. INS. CO. IN N. BEDF. /wwelB,1825.
CHAP. XLIX.
^ An Act to incorporate the Merchants' Insurance
Company, in New Bedford.
Sec. 1. UE it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of the same. That John A. Par-
Persons in ker, William H. Allen, Gideon Allen, Timothy G.
corporate . Q^f^^^^^ Abraliani Barker, David W. Green, Elisha
Haskell, Joseph Brown, Eli Haskell, Hayden
Cog2:eshal}, George Randall, Gideon Randall, Ste-
phen Blerrihew and Lemuel Tripp, with their asso-
ciates, successors and assigns, be, and they are
hereby incorporated into a company and body poli-
tic, by the name of the JMerchants' Insurance Com-
Povvcrs, priv- pany, with all the powers and privilej2;es granted to
iiegcs, &c. insurance companies, and subject to all the restric-
tions, duties and obligations contains d 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 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 hun-
Term of drcd aud twenty, for and during the term of twen-
charter. Xy years after tiie passing of this act, and by that
name may sue and be sued, plead and be implead-
ed, appear, prosecuie, and defend to final judgment
and execution, and may have a common seal, which
they may alter at pleasure ; and may purchase,
hjold and convey any estate, real or personal, for
the use of said Company : Provided, the said real
' ^'^**' estate shall not exceed the value of twelve thou-
sand dollars, excepting such as may be taken for
debt, or held as collateral security for money due
to said Company.
MERCH. INS. CO. IN N. BEDF. Jime 18, 182.'5. 85
Sec. 2. ^e zY further enacted^ That the capital
stock of vsaid Company, exclusive of premium notes
and profits arising from business, shall be one hun-
dred thousand dollars, and sliall be divided into Capital
shares of one hundred dollars each, ten per cent,
of which shall be paid in money, by each and eve-
ry subscriber, on the amount of his subscription,
within ninety days after public notice given by the in/^" ^"'
President and Directors, chosen by the stockhold-
ers, in the newspapers printed in New Bedford, and
the residue shall be secured by a deposit of stock
of some bank within this Commonwealth, or such
other security as may be approved by three fourths
of the Directors, and be paid in such sum or sums,
at such time or times, and under such penalties, as
the said President and Directors shall, in their dis-
cretion, direct and appoint.
Sec. 3. Be it further enacted, That the stock,
property, affairs and concerns of the said Company
shall be managed and conducted by nine Directors, Directors
one of whom shall be President thereof, who shall powers of,
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 January, annuall}^, Time,«fcc. of
at such time of the day and in such place in New elections.
Bedford, as the Directors for the time being shall
direct; of which election public notice shall be giv-
en, in one or more newspapers printed in '^e.w
Bedford, ten days at least previous to the meeting,
and the election shall be made by ballot, by a ma-
jority 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 Proviso.
more than ten votes, and absent stockholders may
vote by proxy under such regulations as the said
Company shall prescribe ; and if, by any accident,
the Directors should not be chosen on the said first
Monday of January as afoiesaid, it shall be lawful
to choose them on any other day, in the manner
86
MERCH. INS. CO. IN N. BEDF. June 18, 1825.
Secretary
call meetins
President.
herein provided ; and it shall be the duty of the
Secretary of said Company, at any time, upon ap-
plication in writing of the proprietors of twenty
per cent'im of the capital stock, to call a meeting
of the stockholders, to be holden at such time and
place in said New Bedford, as they shall direct,
for the purposes mentioned in such application, by
giving the like notice thereof as is herein requir-
ed for the election of Directors.
Sec. 4. Be it further enacted, That the Direct-
ors, when chosen, shall meet as soon as may be
after every election, and shall choose out of their
body one person to be President, who shall be
sworn or affirmed to the faithful performance of
the duties of his office, and who shall preside for
one year ; and in case of death, resignation, or in-
ability to serve, of the President, or any Direct-
ors, such vacancy or vacancies may be filled for
the remainder of the year in which they may hap-
pen, by a special election for that purpose, to be
notified and held in the same manner as is herein
before provided, respecting annual elections of Di-
rectors.
Sec. 5. Be it further enacted, That the Presi-
dent and four of the Directors, or five of them in
Board, pow- |^jg abscncc, shall be a Board competent to the
ers ni. &.c.. .^,. in • i c
transaction of busmess, 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 ap-
pear needful and proper, touching the manage-
ment and disposition of the stock, property, estate
and effects of said Company, and the transfer of
the shares, and touching the conduct and duties of
the several officers, clerks and servants employed,
and the election of the 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 for carrying on the said business,
and with such salaries and allowances to them,
and to their President, as to the said Board shall
ers of, &c.
MERCH. INS. CO. IN N. BEDF. June 18, 1825. «7
seem meet : Provided, such by-laws and rec;ula- P'^o^'so.
tions shall not be repugnant to the constitution
and laws of this Commonwealth.
Sec. 6. Be it further enacted, That any five of
the persons named in this act, are hereby autliori-
zed to call a meeting of said Company, by adver- First meet-
tising the same in one or both newspapers printed °'
in New Bedford, in tvv^o successive i^apers, for the
purpose of electing their first Board of Directors,
who shall remain in office until the first Monday
in January next, and until others shall be elected
in their stead: Provided hoivever. that this charter Charter, how
shall be void and of no effect, unless put in opera-
tion agreeably to the terms of it, within one year
from and after the passing of this act : jind provi-
ded also, that said Companj'' shall not take any
risk, or subscribe any policy, by virtue of this act,
until one moiety of the capital of said Company
shall have actually been paid in, and secured in
manner before provided.
Skc. 7. Be it ftiTther enacted, That said Com-
pany shall never take, on any one risk, or loan on Amount of
respondentia or bottomry, on any one bottom, at ^'"s'® "^'^•
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, agreeably to the provisions of this act.
Sec. 8. Be it further enacted. That said Insu-
rance Company shall be located and kept in the Location
town of New Bedford.
Sec. 9. Be it further enacted. That said Mer-
chants' Insurance Company shall be liable to be \^^f *° ^^
taxed by a general law providing for the taxation
of all similar corporations.
Sec. 10. Be it further enacted. That the capital
stock of said Company shall not be sold or trans-
ferred, but shall be holden by the original subscri-
bers thereto, for and during the period of one year
after this charter shall be put into operation as
aforesaid.
[Approved by the Governor, June 18, 1825.]
88 MINIS. FUND IN LYNNFIELD. June 18, 1825
CHAP. L.
All Act to incorporate the Trustees of the Minis-
terial Fund in the town of Lynnfield.
Preamble. WHEREAS a religious society, of the Congrega-
tional denomination, was established in Lynn-
field, in the year of our Lord, one thou-
sand seven hundred and twenty, and the said
society, on the second day of September, in
the year of our Lord, eighteen hundred and
eighteen, did form and adopt a constitution,
for the purpose of raising and establishing a
fund for the support of the gospel ministry in
the said town, according to the faith and order
of the Congregational persuasion ; and the
committee of the said society, in their behalf,
have petitioned for an act of incorporation to
carry into effect the intention of forming the
said constitution.
Sec. 1. aSE it enacted by the Senate and House
of Representatives in General Court assembled^
Persons in- dnd by the authority of the same^ That Daniel
corporated. Necdham, Andrew Mansfield, John Perkins, John
Briant, and Elijah Hewes, their successors and as-
signs, shall be, and hereby are made a corporation,
in perpetual succession, as Trustees of the fund
hereby established, for the support of the gospel
ministry in the town of Lynnfield, by the name of
the Trustees of the Lynnfield Society for the sup-
port of the gospel ministry, and for this purpose
shall have and exercise the powers and privileges
usually granted to like corporations, and in the clue
care and management of the said fund, shall be di-
rected and governed by the following rules, viz: —
Rules, &c. First, any person who shall pay twenty dollars, at
any one time, shall be a member for life, and any
person who shall pay one dollar, and shall after-
wards annually pay fifty cents into the parish
MINIS. FUND IN LYNNFIELD. June 18, 1825. 89
treasury, shall be a member of said society so long
as lie continues to pay said sum ; and any member
not payinii; annually his subscription, shall cease to
be a member, and shall have no right to vote in the
affairs ot" the said society ; and any settled minis-
ter of the gospel, of tiie Congregational denomina-
tion, who may desire it, may be an honorary mem-
ber of the said society. Second, the officers of the
said corporation shall be a Chairman, Treasurer, a officers, &ic.
Clerk, and three Directors, and no one person shall
be eligible to any of the above offices for more
than three years successively, nor to more than
one office at any one time, and only two Directors
shall be elected in any one year who have served
as Directors the preceding year ; the appropria-
tions of all monies shall be made by the Directors;
and the Chairman, with the consent of one of the
Directors, may call special meetings ; or, in the ab-
sence of the Chairman, any two of the Directors,
may call such meetings. Third, a permanent fund
shall be provided for the support of a minister of ,nJEer°^ ^
the Congregational persuasion, of which only five
sixth parts of the interest may be expended, from
all the bequests, donations, grants, subscriptions,
or otherwise, the aggregate of which shall form the
said fund, and form a portion of the annual re-
ceipts, which shall be from time to time determin-
ed by the said Directors. Fourth, the Treasurer Treasurer to
shall give bond, with two sufficient sureties, in a si^« ''•^"•^s-
reasonable sum to be determined by the Directors,
for the faithful discharge of his duty, which shall
be to vest the property of the society in the safest
and most productive forms according to the in-
structions of the Directors, to make such payments
as they may order, and annually to render to the
said society a written account of all receipts and
expenditures during:; the passed year, and the pres-
ent state of the fund, and the manner in which it is
invested and secured. Fifth, none of the above Monieg how
described sums shall be drawn out of the treasury, drawn.'
until the capital stock shall amount to five hun-
12
90 BECIKET TURNP. CORPORA. June 18, 1825.
dred dollars; but after the capital stock shall
amount to more than five hundred dollars, any part
of the interest, not exceeding four per cent, may
be drawn out by a vote of the society giving such
orders to the Directors ; and when the said fund
amounts to one thousand dollars, then the said five
sixth parts of the interest shall be annually paid
for the support of a Congregational minister in the
said society ; and if such teacher is not provided
by said society, the interest accruing to the said
fund, shall be added to said fund. And it shall
never be in the power of said Trustees or Direc-
tors to alienate or change the application or appro-
priation of the said fund. Sixth, there shall be an
annual meeting of tlie said society on the first
Wednesday in April, called by the Clerk, by post-
ing up a written notification on the meeting house
in Lynnfield, and the time and place of meeting.
Src. 2. Be it further enacted^ That any Justice
of the Peace for the county of Essex, upon appli-
Powertocaii cation thcrefor, is hereby empowered to issue a
a meeting, warrant, directed to one of the Trustees named in
this act, requiring him to notify and call a meeting
of the said society, to be holden at such convenient
time and place as may be appointed in the said
warrant, to organize the said corporation by the
appointment of its officers.
[Approved by the Governor, June 18, 1825.]
CHAP. LI.
An Act in addition to an act entitled, " an act to
establish the Becket Turnpike Corporation."
Sec. 1. UE it enacted by the Senate and Bouse
of Representatives^ in General Court assembled,
and by the authority of the same, That so much of
FIRE DEPART. IN BOSTON. June 18, 1825. 91
the said Turnpike road, which lies between the
place where the Chester turnpike intersects the
said Becket turnjiike, and the house of Daniel
Sherman, in said Becket, being about eighty rods
of said road, be, and the same is hereby discontin- ^^^^c/'^^^^"'
ued as a turnpike road, and the said corporation
are hereby discharged from the obligations of
keeping in repair that part of said turnpike lying
between the limits aforesaid, any thing in the act
to which this is in addition to the contrary not-
withstanding.
Sec. 2. Be it further enacted, That from and af-
tf«/' the passing of this act, eighty rods of the west ^^^^ ^^^^^^^
end of the Chester turnpike be, and the same is ed.
hereby annexed to the said Becket turnpike ; Pro- Proviso.
vided, the consent of the Chester Turnpike Cor-
poration to the annexation aforesaid shall be first
had and obtained.
[Approved by the Governor, June 18, 1825.]
CHAP. LII.
An Act establishing a Fire Department in the City
of Boston.
Sec. 1. J3E it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of the same, That the Fire Queers &c.
Department of the City of Boston shall hereafter
consist of one Chief Engineer, and as many other
Engineers, Fire-wardens, Firemen, Hose-men, and
Hook and Ladder men, as shall, or may, from time
to time, be elected and appointed by the Mayor
and Aldermen, such election of the Chief and other
Engineers to be concurred in by the Common
Council of said city.
92 FIRE DEPART. IN BOSTON. June 18,1825.
Sec. 2. Be it further enacted, That the Mayor
and Aldermen of said city be, and hereby are, au-
Mayor,&c. thorized so to elect and appoint all or as many of
£iutiioriz6Q to *^
elect and ap- the Said officcrs, to cause certificates to be issued
poimofficers. ^^ ^^^^i election and appointment, and to fix a com-
pensation for the services of the Chief Engineer
annually, said compensation to be concurred in by
the Common Council.
Sec. 3. Be it further enacted, That it shall be
^ Duty of City the duty of the City Council of said city, to fix
Council. ^^^ ordain, from time to time, the powers and du-
ties of those officers respectively, in relation to
fire engines, and all other fire apparatus belonging
to or used in the said city, and also to the care and
management thereof, and to the conduct of said
officers and of the citizens present at fires, and to
annex penalties for the breach of any rules or reg-
ulations they may so fix and ordain, not exceeding
twenty dollars.
Sec. 4. Be it further enacted, That the Chief En-
gineer, Engineers, and Fire-wardens, so elected
Powers of and appointed, shall have the same powers and
Chiet Engl- authoritics relative to the pullins; down or demol-
neers, &c. ... i ^i i -i i- i
ishmg any house or other building to prevent the
spreading of fires, and also relative to all other
matters and things affecting the extinguishment
or prevention of fires, or the commanding assist-
ance at them, as Fire-wardens now by law have,
subject always to such modification as the City
Council or the Legislature of this Commonwealth
may ordain and establish. And the said city of
Boston shall be liable to pay all such reasonable
compensation for damage done by or consequent
upon the acts or directions of said Chief Engineer,
Engineers, and Fire-wardens as other towns in this
Commonwealth are liable to pay in like cases for
like acts and directions, done or given by their
Fire-wardens ; and all fines and forfeitures arising
within the said city of Boston, under the laws of
this Commonwealth relative to the extinguishment
of or proceeding at fires, shall be distributed in
FIRE DEPART. IN BOSTON. June 18, 1825. 93
such way and manner, and applied to such use as
the said City Council shall, from time to time, or-
dain and determine, any thing in said laws to the
contrary notwithstanding, subject always to repeal
or alteration by the Legislature of this Common-
wealth.
Sec. 5. Be it further enacted, That every mem-
ber of snid Fire Department shall be exempt from Exempted
militia services so long as he shall continue to serve J^^y ""'^'^'^
in said department ; and it shall be the duty of the
person so exempted, to produce to the command-
ing officer of the militia company within whose
bounds he may reside, on or before the first Tues-
day of May in each year, a certificate, signed by
the Mayor of the city, stating that he is a member
of said Fire Department.
Sec. 6. Be it further enacted, That from and
after the organization of a Fire Department under
this act, and notice thereof given in one or more
newspapers published in said city, by the Mayor
thereof, all laws of this Commonwealth, relating to Repeal of
the election and appointment of Firewards, so far '^^^
as they affect the election or appointment of Fire-
wards within the said city, be, and the same are
hereby repealed.
Sec. 7. Be it further enacted, That the provisions
of this act shall not take effect until the same shall
have been accepted by the ballots of the citizens
of Boston, at a general meeting called for that
purpose.
[Approved by the Governor, June 18, 1825.]
94
BUNKER HILL BANK.
June 18, 1825.
Persons in-
corporated.
Term of
charter.
CHAP. LIIL
An Act to incorporate the President, Directors,
and Company of the Bunker Hill Bank.
Sec. 1. UE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That Isaac Warren,
Seth Knowles, William Austin, George Bartlett,
Nathaniel Austin, Thomas I. Goodwin, David Dev-
ens, Timothy Walker, John W'inship, and Samuel
Jaques, Jun., their associates, successors and as-
signs, shall be, and hereby are created a Corpora-
tion, by the name of the President, Directors, and
Company of the Bunker Hill Bank, and shall so
continue from the passage of this act, until the
first Monday of October, which will be in the year
of our Lord one thousand eight hundred and thir-
ty-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 Presi-
dent, Directors, and Company of the State Bank,"
except in so far as the same are modified or alter-
ed by this act, as fully and effectually as if the
several sections of said act were herein specially
recited and enacted. Provided however, that the
amount of bills issued from said Bank, at any one
time, shall not exceed fifty per centum of the
amount of capital stock actually paid in.
Sec. 2. Be it further enacted, That the capital
stock of said corporation shall consist of the sum
of one hundred and fifty thousand dollars, in gold
or silver, to be, besides such part as this Common-
wealth may subscribe in manner herein after men-
tioned, divided into shares of one hundred dollars
When paid each, which shall be paid in at such times as the
«♦<><»> »>olders may direct; fifty per centum, how-
Proviso.
Capital stock.
BUNKER HILL BANK. June 18, \S25. 95
ever, to be paid in on or before the first day of
January next, and the residue within one year from
the passing of this act ; and no dividend shall be
declared on the capital stock of said Bank, until
the whole of said stock shall have been paid
in, conformably to the provisions of this act ; and
the stockholders at their first meeting shall, by a
majority of votes, determine the mode of trans-
ferring and disposing of said stock, and the profits
thereof, which, being entered in the books of said
corporation, shall be binding on the stockholders,
their successors and assigns, until they shall oth-
erwise determine. And the said corporation are
hereby made capable in law, to have, hold, pur-
chase, receive, possess, eniov and retain to them. Amount of
1 • ^ J • 1 J i. 4. A property,&c.
their successors and assigns, lands, tenements, and
hereditaments, to the amount of twenty thousand
dollars and no more, at any one time ; with power
to bargain, sell, dispose and convey the same, by
deed, under the seal of said corporation, and sign-
ed by the President, or two of the Directors ; and
to loan and negotiate their monies and effects, by
discounting on banking principles, on such securi-
ties as they may think advisable : Provided howev- Proviso.
er, 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 ; ^nd provided further,
that no monies shall be loaned, or discounts madej
nor shall any bills or promissory notes be issued
from said Bank, until the capital stock subscribed
and actually paid in, and existing in gold and silver
in the vaults, shall amount to seventy-five thousand
dollars, nor until said capital stock, actually in said
vaults, shall have been inspected and examined by
three commissioners, to be appointed by the Gov-
ernor for that purpose, whose duty it shall be, at
the expense of the corporation, to examine the
monies actually existing in said vaults, and to as-
certain by the oath of the Directors of said Bank,
96 BUNKER HILL BANK. June 18, 1825.
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 tlierein to remain as a part of said cap-
ital, and to return a certificate thereof to the Gov-
ernor ; and no stockholder shall be allowed to bor-
row any money of said Bank until he shall have
paid in his full proportion of the whole of said
capital stock, as herein before provided and re-
quired.
Sec. 3. Be it further enacted, That the said
Location of Bank shall be established and kept in Charlestown ;
Bank. ^^^^ |.|^g wholc number of Directors shall be nine,
and a majority of the Board shall be inhabitants of
said town ; and no loan or discounts shall be made,
nor shall any bill or note be issued by the said cor-
poration, or by any person on their account, in
any other place than at the said Bank.
Sec. 4. Be it further enacted, That whenever
the Legislature shall require it, said corporation
Shall loan to jsJjall loan to the Commonwealth, any sum of money
wealth. which shall be required, not exceeding ten per
centum of the capital stock actually paid in, at any
one time, reimbursable by four annual instalments,
or any shorter time, at the election of the Com-
monwealth, with the annual payment of interest, at
a rate not exceeding five per centum per annum :
Proviso. 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.
Sec. 5. Be it further enacted, That the persons
First meet- hereinbefore named, or any three of them, are au-
'"g- thorized 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 conducting the af-
BUNKER HILL BANK. June 18, 1025. 97
fairs of said corporation, as the stockholders shall
deem riccessary, and tlie choice of the first Board
of Directors, and such other officers, as they shall
see fit to choose.
Sec. 6. Be it further enacted. That the Com-
mcnwealth shall have a ri^iit, whenever the Legis-
lature shall make provision therefor by law, to sub- Common-
scribe, on account of the Commonwealth, a sum suScrlbT^
not exceeding one half the capital stock actually
paid in, to be added to the capital stock of said
corporation, subject to such rules, regulations and
provisions, as to the management thereof, as shall
be by the Legislature made and established.
Sec. 7. Be it further e7iacted^ That whenever
the Commonwealth shall subscribe to the capital
stock of said corporation in manner herein before
provided for, in addition to the Directors by law
to be chosen by the stockholders, the Legislature
shall have the right, from time to time, to appoint
a number of Directors to said Bank, in proportion JJ"'"'!^'" °^
1 • I /> 1 rr. f k ^ / 5 Directors.
as the sum paid irom the 1 reasury or t!ie Com-
monwealth shall be to the whole amount of stock
actually paid into said Bank, if, at any time hereaf-
ter, they shall see fit to exercise that right.
Sec 8. Be it further enacted^ Tliat the Cashier,
before he enters upon the duties of his office, shall bo^^S'^"^ ^'^*^
give bond, with sureties, to the satisfaction of the
Board of Directors, in a sum not less than twenty
thousand dollars, with conditions for the faithful
discharge of his office.
Sec 9. Be it further enacted^ That the said cor-
poration, from and after the first day of October
next, shall pay by way of tax to the Treasurer of Shaii pay to
this Commonwealth, for the use of the same, with- JveS""
in ten days after the first Monday of October and
April annually, the half of one per centum on the
amount of stock which shall have actually been
paid in.
Sec. 10. Be it further enacted^ That the said
corporation shall be liable to pay any bona fide Liable to
holder, the original amount of any note of said ^^^' **
13
98
PRES. CH. IN BOSTON.
June 18, 182i5.
Tliis act,
how void.
Stock not
transferable.
Bank, counterfeited or altered in the course of its
circulation, to a larger amoniit, n9t'>vithstanding
such alteration, and shall also be holden to pay to
any bona fide holder the amount of any note of
said Bank counterfeited, unless all the notes ac-
tually issued by said corpoi ation^ shall be printed
or impressed with the stereotype piate ; and that
said corporation shall not, at any place whatever,
directly or indirectly, purchase, receive, pay or ex-
change any bill or note of said Bank, or of any
other Bank incorporated within this Common-
weahh, for any less sum than the nominal value
expressed in such bill or note.
Sec. II. Be it further e?iacted, That in case
this act shall not be put into operation, according
to the provisions thereof, within one year from the
time of passing the same, then it shall become
void.
Sec. 12. Be it further enacted, That the capi-
tal stock of said Bank shall not be sold or trans-
ferred, but be holden by the original subscribers
thereof, for, and during the term of one year from
the passing of this act.
[Approved by the Governor, June 18, 1825.]
CHAP. LIV.
Persons in-
cforporated.
An Act to incorporate the First Presbyterian
Church in the City of Boston.
iSE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That James Sa-
bine, Aaron Morse, William Young, Nathaniel Per-
ry, Lawson Caryl, D. Moody, Thomas Edmands,
and John Green, jun. v/ith their associates and sue-
NORTH BANK. Joe 18, 1025. 99
ccssors, be, and they hereby are, iiK-orpoiated by
the name of the I'irst Presbyteiiaii Ciiurch in (he
City of Boston, with power to utake ail necessary f^^"^']^'^"
by-Jaws, and to enjoy all the rights and privileges ^"'^''^'
to which parishes and other religious societies arc
entitled by the constitution and laws of this Com-
monwealth; and the aforesaid James Sabine, Aaron First meeting
Morse, and William Voung, or any two of them,
are authorized to call the first meeting of said So-
ciety, by giving due notice thereof.
[Approved by tlie Governor, June 18, 1825.]
CHAP. LV.
An Act to incorporate the President, Directors and
Compan\^ of the North Bank.
Sec. 1. liE it enacted by the Senate and House
of Representatives in General Court assembled^ and
bij auilioriiy of the some, That William Little,
William 15. Bradford, Ebenezer Cloufdi, Henry J. P^^rsonsiM-
Oliver, iLzra Laton, 1 lieodore Hexter, Henry 1).
Gray, Henry Orne, P. P. F. Degrand, their associ-
ates, successors and assigns, shall be, and hereby
are created, a corporation by the name of the Presi-
dent, Directors and Company of the North Bank,
and shall so continue until the first Monday in Oc-
tober, which will be in the 3'ear 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 ful-
X
100
NORTH BANK.
June 18, 1825,
Proviso.
When paid
in.
Provisa.
\y and effectually as if the several sections of said
act were hert-in specially recited and enacted :
Provided, however, that the amount of bills issued
from said Bank at any one time, shall not exceed
iifty per centum of the amount of the capital stock
actually paid in.
Sec. 2. Be it further enacted, That the capital
Capital stock stock of Said Corporation shall consist of the sum of
five hundred thousand dollars, in gold or silver, to be,
besides such part as this Commonwealth may sub-
scribe, in manner herein after mentioned, divided in-
to 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 Novem-
ber next, and the residue in such times, and in such
proportions, as the Directors hereafter to be cho-
sen shall determine : Provided, that the whole
amount shall be paid within one year from the date
of this act. And no stockholder shall be allowed
to borrov/ any money at said Bank, until he shall
have paid in his full proportion of the whole of
the said capital stock, as herein before provided ;
and no dividend shall be declared on the capital
stock of ^aid Bank, until the same sum of five hun-
dred thousand dollars shall be paid in manner afore-
said. And the stockholders shall, at their first
meeting, by a majority of votes, determine the
mode of transferring and disposing of said stock
and the profits thereof, which being entered in the
books of said corporation, shall be binding on the
stockholders, their successors and assigns, until
they shall otherwise determine ; and the said cor-
poration are hereby made capable in law, to have,
hold, purchase, receive, possess, enjoy and retain
to them, their successors and assigns, lands, tene-
ments and hereditaments, to the amount of one
hundred thousand dollars, and no more at any one
time, with the power to bargain, sell, dispose and
convey the same, by deed, under the seal of said
corporation, and signed by the President or two
Directors ; and to loan and negotiate their monies
Amount of
real estate.
NORTH BANK. June Mi, IS25. 101
and effects by discounting' on banking principles,
on such security as they may think a(lvisal)le: Pro- Proviso.
vided, /ioivever, that notiiing herein contained shall
restrain or prevent said corporation from taking
and holding real estate in mortgage or on execu-
tion, to any amount, as security for, or in payment
of any debts due to the said corporati;»n: And pro- Proviso.
vided f nr titer, thcit no money shall be loaned or
di>count made, nor shall any bills or promissory
notes be issued from said Bar<k, until the capital
subscribed and actually paid in, and existing in gold
and silver in their vaults, shall amount to two hun-
dr<'d and fifty thousand dollars, nor until said capi-
tal stock actually in said vaults, shall have been
inspected and examined by three Commissioners,
to be appointed by the Governor for that purpose,
whose duty it shall be, at the expense of said cor-
poration, to examine the monies actually existing
in said vaults, and to ascertain, by the oath of the
Directors of said Bank, or the majority of them,
that said capital stock hath been bona tide paid in
by the stockholders of said Bank, and towards pay-
ment of their respective shares, and not for any
other purpose ; and that it is intended therein to
remain as a part of said capital, and to return a cer-
tificate thereof to the Governor.
Sec. 3. Be it further enacted, That the said Bank
shall be established and kept in the north part of Location of
Boston, and at some point north of F'aneuil Hall ^'^'"'^
market, and of Union street, and no loan or discount
shall be made, nor shall any bill or note be issued
by the said corporation, or by any person on their
account, in any other place than at the Bank afore-
said.
Sec. 4. Be it further enacted, That the persons
herein before named, or any three of them, are au-
thorized to call a meeting of the members and caiUmee;
stockholders of said corporation as soon as maybe, '"S-
at such time and place as they may see fit to ap-
point, by advertising the same in any two of the
newspapers printed in Boston, for the purpose of
102
NORTH BANK.
June 18, 1825.
Establish by-
laws, (fee.
Choose offi-
cers.
Shall loan to
the Common-
wealth.
Common-
wealth shall
have a right
te subscribe.
Legislature
appoint Di-
rectors.
making, ordaining, and establishing such b3-laws
and regulations for the orderly conducting the af-
fairs 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.
Sec. 5. Be it further enacted^ That whenever
the Legislature shall require it, the said Corporation
shall loan to the Commomvealth any sum which
may be required, not exceeding ten per centum
of the capital stock actually paid in at one time,
reimbursable by five annual instalments, or any
shorter time, at the ejection of the Commonwealth,
with the annual payment of interest, at a rate not
exceeding five per centum per annum : Provided
hoivever, that the Commonwealth shal! never stand
indebted to said Corporation, without their con-
sent, for a larger sum than twenty per centum of
their capital then paid in.
Sec. 6. Be it further e?iacied, That the Com-
monwealth shall have a right, whenever the Legis-
lature shall n)ake provision therefor by a law, to
subscribe, on account of the Ca::imon wealth, a sum
not exceeding fifty per centum of the capital stock,
to be added to the capital stock of said corporation,
subject to such rules, regulations, and provisions,
as to the management thereof, as shall be by the
Legislature made and established.
Sec 7. Be it further enacted., That whenever
the Commonwealth 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 Common-
wealth shall be to the whole amount of stock
actually paid into said Bank, if at any time here-
after they shall see fit to exercise that right.
Sec 8. Be it further enacted, That the Cashier,
before he enters upon the duties of his office,
NORTH BANK. June 18, 1825. 103
shall give bonds, with sureties, to the satisfac- Cashier give
tion ot the Board of Directors, in a sum not less
than fifty thousand dollars, with conditions for the
faithful discharge of his office.
Six. 9. Be it further enacted, That the said Cor-
poration, from and after the first day of November
next, shall pay, by way of tax, to the Treasury of simii pay t©
this Commonwealth, for the use of the same, with- */'.^ Z'^''^"'
in ten days after the first Monday in October
and April annually, the half of one per centum on
the amount of stock, Avhich shall have actually been
paid in.
Sec. 10. Be it further enacted, That the said
Corporation shall be liable to pay to any bona fide Liable to
holder the original amount of any note of said P^^' ^^'
Bank counterfeited, or altered in the course of its
circulation to a larger amount, notwithstanding
such alteration ; and shall also be liable to pay to any
bona fide holder the amount of any note counter-
feited, unless all the notes actually issued by said
corporation shall be printed or impressed with the
stereotype plate; and said corporation shall not,
at any place whatever, directly or indirectly, pur-
chase, receive, pay, or exchange any bill or note
of said Bank, or of any other Bank incorporated
within this Commonwealth, for any less sum than
the nominal value expressed in such bill or note.
Sec. 11. Be it further enacted, That if the Bank This Act,
hereby created be not put into operation within''"""""*^
one year from the date of this act, the same shall
be void ; and no part of the capital stock of said capital stock
Bank shall be sold or transferred, until the whole ^haii not be
amount thereof shall have been paid in. ^'^''^' ^'''
[Approved by the Governor, June 18, 182.5.]
eommon^r^Ufi of JHcti^sfarfitti^rtts^.
SECRETARY'S OFFICE, AUGUST 17, 1825.
I HEREBY CERTIFY, that I havc comparcd the Laws
printed in this pamphlet, with the original Acts as
passed by the Legislature at their session in May
and June last, and that they appear to be correct.
EDWARD D. BANGS,
Secretary of the Commonwealths
LAWS
COMMONWEALTH OF MASSACHUSETTS,
PASSED BY THE GENERAL COURT,
AT THEIR SESSION WHICH COMMENCED ON WEDNESDAT, THE FOURTH
OF JANUARY, AND ENDED ON SATURDAT, THE FOUHTH OF MARCH,
ONE THOUSAND EIGHT HUNDRED AND TWENTY-SIX.
CHAP. LVI.
An Act to incorporate the Three Rivers Manufac-
turing Company.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That Levi Brigham,
William S. Roajers, Samuel D. Ward, Levi Mer- ,^YeT'*"*'°*'**'
riam, Darius B. Holbrook, Thomas A. Dexter,
Willard Phillips, Charles P. Dexter, and Anthony
Olney, with their associates, successors and assigns,
be, and they hereby are, made a Corporation by the
name of the Three Rivers Manufacturing Compa-
ny, for the purpose of Manufacturing Cotton, Wool-
len and Linen Goods, Iron and Machinery, in the
town of Palmer, in the County of Hampden, and
for this purpose shall have all the powers and powers, privi^-
privileges, and be subject to all the duties and ^^*'*''
requirements contained in an act passed on the
third day of March, in the year of our Lord one
thousand eight hundred and nine, entitled " an act
defining the general powers and duties of manufac-
turing corporations," and the several acts ia addi-
tion thereto.
106 SHEP. WOOL. MAN. CO. Ja7iuary 21, 1826.
Sec. 2. Be it further enacted, That the said
Corporation may hold and possess such real estate,
S'iiKate"'^ not exeeding, in value, the sum of three hundred
thousand dollars, and such personal estate, not ex-
ceeding, in value, the sum of seven hundred thou-
sand dojlars, as may be necessary and convenient
for the purposes aforesaid.
Sec. 3. Be it further enacted, That any one of
the persons named in this act, be, and either of
said persons is hereby authorized to appoint the
First Meeting, time and place for holding the first meeting of said
Corporation, giving ten days notice thereof to the
others, either by personal notice or otherwise.
[Approved by the Governor, January 21, 1826.]
Persons incorpo-
rated.
Peweri, &«.
CHAP. LVII.
An Act to incorporate the Shepherd Woolen Man-
ufacturing Company.
Sec. 1. JdE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That James Shep-
herd and James M. Robbins, together with such
other persons as may become associates with them,
their successors and assigns, be, and they hereby
are, made a corporation by the name of the Shep-
herd Woollen Manufacturing Company, for the
purpose of manufacturing Woollen Cloths, and all
kinds of Machinery necessary for conducting said
manufacture of Woollen Cloths, in the town of
Northampton, and for this purpose shall have all
the powers and privileges, and be subject to all the
duties and requirements, contained in an act passed
on the third day of March, in the year of our Lord
one thousand eight hundred and nine, entitled
" an act defining the general powers and du*" ' ^f
BRIDG. C. G. MAN. CO. January m, 1826. 107
manufacturing corporations," and the several acts
in addition thereto.
Sec. 2. Be it further enacted^ That the said
corporation may hold and possess such real estate, ^^ hoidreai
not exceeding, in value, the sum of one hundred *".'* personal es
thousand dollars, and such personal estate not ex-
ceeding, in value, the sum of one hundred and fifty
thousand dollars, as may be necessary and conve-
nient for carrying on the manufacture of Woollen
Cloths and Machinery.
Sec. 3. Be it further enacted^ That either of the
persons named in this act be, and either of said
persons hereby is, authorized to appoint the time
and place for holding the first meeting of said First meetins
corporation, giving ten days notice thereof, either
by personal notice or otherwise.
[Approved by the Governor, January 21, 1826.]
CHAP. LVIII.
An Act to incorporate the Bridge water Cotton Gin
Manufacturing Company.
Sec. 1. JbE eV enacted by the Senate and House
of Representatives in General Court asser/ibled, and
by the aiithotity of the same, That Eleazer Carver,
jun. Solomon Washburn, Seth Washburn, Abram S" '""^^
Washburn, Artemas Hale, Abram Washburn the se-
cond, and Nathaniel Washburn, together with such
others as may associate with them, their successors
and assigns, be, and they aie hereby incorporated,
as a Company, by the name of the Bridgewater
Cotton Gin Manufacturing Company, for the pur-
pose of Manufacturing Cotton Gins and other man-
ufacturing purposes in the town of Bridgewater, in
the County of Plymouth, and for that purpose, shall
108
GKTANGE OF NAME,
January 26, 1826:
Powers granted.
have all the powers and privileges, and be subject
to all the duties and requirements prescribed in an
act entitled, " an act defining the general powers
and privileges of Manufacturing Corporations,"
passed the third day of March one thousand eight
hundred and nine, and of the several acts supple-
mentary thereto.
Sec. 2. Be it further enacted, That said Compa-
ny may be lawfully seized of such real estate, not
May poseesB real exceeding fortv thousand dollars, and personal es-
and perional es- '-' *',. . - , i i ii
tate. tate not exceeding sixty tliousand dollars, as may
be necessary and convenient for carrying on their
said Manufacture.
Sec. 3. Be it further enacted, That Artemas Hale,
be, and he is hereby authorized to call the first
meeting of said Corporation for the parpose of or-
ganizing the same, by giving public notice thereof
in some newspaper published in the County of
Plymouth, three weeks successively, the last pub-
lication to be thirty days at least before the time
of such meeting, or by leaving a written notifica-
tion at the last and usual place of abode of each
member of said Corporation, seven days at least
previous to such meeting, which notifications shall
state the object of the meeting.
[Approved by the Governor, January 26, 1826.]
First meetinf
CHAP. LIX.
Cbsnge of name.
An Act to change the name of Christopher Gill-
patrick.
oE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Christo-
pher Gillpatrick, of Roston, shall hereafter be known
and called by the name of Christopher Gill, and the
BOS. TYPE & STER. FOU. January 26, 1826. 109
same shall be considered as his only proper and
legal name.
[Approved by the Governor, January 26, 1826.]
CHAP. LX.
An Act to incorporate the Boston Type and Ste-
reotype Foundry,
Sec. 1. UE 27 enacted by the Senate and House
of Representatives in General Court assembled and
by the authority of the same, That Timothy H. Car- Persons incorpo]
ter, Charles C. Little, William Billiard, with such"''"
other persons as already have, or may hereafter,
associate with them, their successors and assigns,
be, and they are hereby constituted, for the pur-
pose of establishing, managing and carrying on, in
the Counties of Suffolk and Middlesex, the manu-
facture of printing types and stereotype plates in all
its various branches, and of all other articles used
in printing or engraving, a body politic and corpo-
rate, by the name of the Boston Type and Stereo
type Foundry, and by that name may sue and be
sued, plead and be impleaded, defend and be de-
fended, 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. May have
nave, and use a common seal, and the same again
at pleasure to break, alter, and renew. And the
said Company Ehall have all the powers and privi- Powers granted
leges, and be subject to all the duties contained in
an act, entitled « An Act defining the general pow-
ers and duties of Manufacturing Corporations, pass-
ed 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.
acorn
men seal.
1 10 BOS. TYPE & STER. FOU. Jcmuary 26, 1826.
May hold Real
and Personal Es
tate.
Assessments.
Sec. 2. Be it further enacted, That the said Cor-
poration, may purchase, take, hold and convey, real
and personal estate of every kind, to such an amount
as they may find necessary or convenient in the
management of their concerns ; Provided, the same
shall not exceed the sum of fifty thousand dollars
in real estate, nor one hundred thousand dollars in
personal estate.
Sec. 3. Be it further enacted, That the said Cor-
poration be, and are hereby authorized, to raise
such sums of money, as may, from time to time, be
necessary for effecting the objects of the said Cor-
poration, by equal assessments on the several shares
therein ; and the time when such assessments be-
come due and payable, shall be made known to
each proprietor, by the Clerk of the said Corpora-
tion, 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
iwurer to sell ^-^.^^^ ^^^j ^^^ Trcasurcr of said Corporation is
hereby authorized to sell, at public auction, the
share or shares of any proprietor, who shall neg-
lect 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
btjcome necessary for that purpose, giving notice
of the time and place of such sale, in one of the
newspapers printed in Boston, or in one, in which
the laws of this C'ommonwealth are oruered to be
printed, for the time being, thirty days at least be-
fore the time of such sale ; and a deed of such share
or shares duly executed and acknowledged by the
Treasurer, and recorded, shall be a valid convey-
ance of such delinquent proprietor's share or
shares to the purchaser thereof; and the surplus
money arising from such sale, if any remain, (after
paying the assessments due, and interest thereon,
from the time when the same became due, as also
all the charges and expenses of such sale) shall be
paid to such delinquent proprietor, or his assigns ;
or the said Corporation may recover the amount of
LIB. SQ. WARE-HOUSE CO. Ja7itiary 26, 1826. 1 1 1
such assessments and interest, with costs, in an
action of debt in any Court, having jurisdiction there-
of, as they shall elect and determine.
Sec. 4. Be it further enactfiff, That Timothy H. J^Jgg^i„g ,^ ^^
Carter, or either of the aforementioned persons, is mailed and cierk
111 1 iiir- '■-' to be choaon
hereby authorized to call the first meeting of the
said Corporation by written notice, to be left at the
last and usual place of abode of each proprietor,
or by letter addressed by mail, or by public notice,
at least seven days previous to the said meeting ;
at which first meeting the proprietors present shall
choose a Clerk, who shall be sworn to the faithful
discharge of his duties.
[Approved by the Governor, January 26, 1826.]
CHAP. LXI.
An Act to incorporate the Liberty Square Ware-
house Company.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That John Hubbard, Persons incorpo-
Henry Hubbard, and William F. Otis, and all such"*^
persons as may associate with them as proprietors,
their successors and assigns, shall be and hereby
are constituted a body politic and corporate by
the name of the Liberty Square Warehouse Com-
pany, and by that name may sue and be sued, defend
and be defended, in any Courts of Record or other
place whatsoever, and shall and may do and suffer
all matters, acts and things, which bodies politic
may do and suffer, and may make, have and use a May have a se^
common seal, and the same at pleasure break alter '"""'^"'*'^'
and renew, and ordain and put in execution, such
by-laws, ordinances and re^^ulations, as to them
shall appear necessary and convenient, for the go-
14
112 LIB. SQ. WARE-HOUSE CO. Jamiary 26, 1826.
ernment of said corporation, and for the prudent
management of tlieii- affairs ; and for the breach of
such by-laws, ordinances and regulations, may or-
der fines and penalties, not exceeding ten dollars
for every breach. Provided^ that such by-laws, or-
Proviso. dinances and regulations shall not be repugnant to
the laws of this commonwealth.
Sec. 2. Be it further enacted, That the said
May hold real 63- Corporation be and the same hereby is declared
**'^ capable to hold, have and possess, in fee simple or
otherwise, all or any part of that real estate in the
City of Boston, bounded north on Liberty Square,
west on Kilby Street, south on Milk Street, and
Proviso. east on Battery March Street. Provided, the said
Corporation shall acquire the same by legal grant
from the lawful proprietors thereof. And said Cor-
poration shall have. power to grant, sell and alien,
in fee simple or otherwise, the said corporate pro-
perty or any part thereof, and to lease, nanage and
otherwise improve the same, according to their
will and pleasure, and by such forms of convey-
ance and contract as shall by their by-laws be pro-
vided.
Sec 3. Be it further enacted, That said Propri-
fgrfJ'upon ^um- etors, at any legal meeting, may agree upon the
ber of shares, number of sharcs into whicli said estate shall be
divided, and agree upon the form of certificates to
be given to the Proprietors, which shares shall be
deemed and considered as personal estate, and
shall be transferable by assignment on the back of
the CerHficate recorded by the Clerk of the Cor-
poration, in a book to be kept for that purpose,
and shall be liable to attachments on mesne pro-
Shares liable to , , . , , , *
attachment. cess aud Sale on execution in the manner and ac-
cording to the form of the statutes making provi-
sion for the attachment and sale of shares of debtors
in incorporated Companies.
Real estate may Sec. 4. Bc it flirt kcf euacted. That the real es-
be attached. ^^^^ ^^^ other property of said Corporation shall
be liable to be attached on mesne process, and be
set off and sold on execution against the Corporar
LIB. SQ. WARE-HOUSE CO. February 3, 1826. 113
tion in the same manner as the property or estate
of individuals, is by law subject to mesne or final
process.
Sec. 5. Be it further enacted, That said Corpo-
ration shall have power, from time to time, to as-
sess on the Stockholders such sums of money, not j^^^!^^''"<="'* '''
exceeding in the whole three hundred dollars on
each share, for the purchase, improvement and
good management of their estate, and for erecting,
repairing or altering buildings or for the incidental
expenses of the Corporation, and to sell or dispose
of the shares of any delinquent proprietor for the
payment of such assessment, in such way and man-
ner as said Corporation may, by their by-laws and
regulations, determine and agree upon.
Sec. 6. Be it further enacted, That, in all meet-^
m%s 01 the l5>tockiiolders in the said Corporation, g^^e» for each
each member shall be entitled to one vote for each
share held by bin*.
Sec. 7. Be it further enacted, That either of the
persons named in the first section of this act may
call the first meeting of said Corporation, by adver-ca"uraeetiBS°'*''
tising, in any newspaper, printed in Boston, three
times, the first not less than three days before the
time appointed for such meeting ; and the Corpo-
ration at their first meeting, and afterwards annu-
ally, on such day as shall be established by the by-
laws, shall choose a President, Clerk and such oth-
er Directors or Officers, as they may see fit, which
Clerk shall be under oath ; they may also agree
upon the mode of calling future meetings.
Sec. 8. Be it further enacted. That all covenants
or contracts, which shall be made by said Corpora- Contracts binding
11111 1 f • 1111 I'l- on individual
tion, and all debts due from it shall be binding on propeity.
each one and all of those persons, individually, who
shall be Stockholders in said Corporation, w^hen
such contracts respectively are made ; and on their
respective heirs, executors and administrators, in
the same manner as if such covenants or contracts
had been made on debts contracted by such Stock-
holder or Stockholders, in his or their individual
capacity.
114 POUTOOSAC TURN. COR. February 15, 1826.
Sec. 9. Be it further enacted, That this act shall
continue in force twenty years from the passing
thereof, after the expiration of which time the same
may be repealed at the pleasure of the Legisla-
ture. Provided ,that in case of such repeal the
lands and tenements of said Corporation shall be
vested in the shareholders at the time of such re-
peal, and their heirs as tenants in common, in j)ro-
portion to their respective interest in the premises.
[Approved by the Governor, February 3, 1826.]
Proviso.
Persons incor^-
CHAP. LXII.
An Act to establish the Poutoosac Turnpike Cor-
poration.
i3E it enacted by the Senate and House
of Representatives in General Court assembled and
by the authority of the same, That Jonathan Allen,
med, " Lemuel Pomroy, Joseph Shearer, Joseph Merrick,
Thomas Gold, James Fowler, Henry Stearns, and
Enos Foot, together with such others as have asso-
ciated, or may hereafter associate with them, their
successors and assigns, be, and they hereby are,
made a corporation, by the name of the Poutoosac
Turnpike Corporation, for the purpose of making
a turnpike road, from the South east part of Pitts-
field, in the best course through parts of the towns
of Hinsdale, Middlefield, Washington and Chester,
so as to cross the line between said towns of Wash-
ington and Middlefield, at or near the Potter House
so called, thence along the Mill Brook so called,
to the place of the conjunction of said Brook with
the Westfield river, thence along said Westfield
river, until it shall intersect the road leading from
Albany, to Westfield, at a point near the Tavern
House of Col. Henley ; — And for this purpose shall
FISHERY IN FALMOUTH. February 15, 1826. 1 15
have all the powers and privileges, and be subject
to all the duties, requirements and penalties, con-
tained in an act, entitled " An Act defining the gen- po,,,„g g,an,ed.
eral powers and duties of Turnpike Corporations,"
passed the sixteenth day of March, in the year of
our Lord one thousand eight hundred and five, and
the several acts in addition thereto.
[Approved by the Governor, February 15, 1826.]
CHAP. LXIII.
An Act for the preservation and regulation of the
Fishery in the town of Falmouth.
Sec. 1. JoE eV enacted by the Senate and House
of Representatives 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 lawful p^.^on, „oj to
for any person living without the jurisdiction of this ^*''^^'''
Commonwealth, to take any Lobsters, Tautog,
Bass, or other Fish, within the harbours, inlets,
coves or waters of the town of Falmouth, for the
purpose of carrying them away from said waters
in smacks or vessels owned without the Common-
wealth, of any size, nor any owned within this
Commonwealth over fifteen tons, and any and every
person offending against the provisions of this Act,
shall forfeit and pay the sum often dollars for eve- ^^^^^^^^,^3
ry offence, and also forfeit all the fish and lobsters
so taken, or the value thereof.
Sec. 2. Be it further enacted, That the waters
and shores of said town of Falmouth shall be con- ^'™"« ""ened.
sidered and taken by this Act to extend from the
shores of said Falmouth, including all the waters,
islands and rocks lying within one mile of the main
land.
116 DUX. MANUFAC. COMP. February 15, 1825.
Sec. 3. Be it further enacted. That all fines and
forfeitures which may be incurred for offences
Fjesappropria- aorainst this Act, shall be, one half to him or them
who may first sue for the same, and the other half
to the use of the town to which the complainant
belongs, and the said fines and forfeitures may be
recoverable with legal costs of suit, by action of debt
or information before any Justice of the Peace for
the County of Barnstable, and any person or per-
sons aggrieved by the sentence of the Justice of
the Peace, given in persuance of this Act, may ap-
peal therefrom to the next Court of Common Pleas,
to be holden in the County in which judgment
may be rendered,
Sec. 4. Be it further enacted^ That to prevent
the destruction of Oysters and all other shell fish,
within the waters belonging to the said town of
Falmouth, all the provisions, fines, forfeitures, pen-
alties, seizures, and appropriations prescribed and
contained in an act, passed in the year of our Lord,
seventeen hundred and ninety six, entitled " an act,
to prevent the destruction of Oysters and other
shell fish in this Commonwealth," and also the
several acts in addition thereto, so far as they may
be applicable to the purposes of this a( t, be and
the}^ are hereby extended to the said town of Fal-
mouth.
[Approved by the Governor, Feb. 15, 1826.]
Law extended.
CHAP. LXIV.
An Act in addition to an Act, entitled " an Act to
incorporate the Duxbury Manufacturing Com-
pany."
jjE it enacted by the Senate, and House
of Representatives in General Court assembled, and
PUBLIC WOR. IN ROCH. February 15, 1826, I17
by the authority of the same, That the Duxbury
Manulactiiring Company be, and they hereby are l^gg^ISXrsh"'
authorized to hold real estate, and prosecute the *^*'''
business for which they were incorporated, at
Marshfield, in the County of Plymouth, as well as
at Duxbury, in said County; Provided, however, ^^^^.^^
that nothing in this act contained shall be so con-
strued as to increase the Capital Stock of said
Company, beyond liie amount limited by the act
to which this is in addition.
[Approved by the Governor, February 15, lJi26.]
CHAP. LXV.
An Act to incorporate the proprietors of a fund
for the support of Public Worship, in the fourth
Congregational Precinct, in the Town of Roches-
ter, in the County of Plymouth.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That George B. Nve,
T 1 ¥-» ni 1 • 1 • T-» 1 T-» TVT c-i I ' Persons mcorpo-
John b. Ulankinship, Barnabas B. JNye, Stephen '^ted.
Delano, Stephen Hammond, John Coleman, David
Hathawey, John Clapp, Caleb Handy, Joseph Han-
dy, Alfred Kindrick, Seth Blankinship, Benjamin
Delano, Weston Allen, and Oliver Cobb, with such
others as shall hereafter join with them, be, and
they hereby are, made a body corporate and poli-
tic, by the name of the Proprietors of the fund for
supporting public worship in the fourth Congrega-
tional Precinct, in the Town of Rochester, in the
County of Plymouth, and by that name may sue
and be sued, and have power to increase their
fund, in real or personal estate : Provided, that the
annual income thereof shall not exceed six hun-
Meet
held
1 18 PUBLIC WOR. IN ROCH. February 15, 1826.
dred dollars clear of expense ; the annual income
to be expended in the support of public worship
in said precinct.
Sec. 2. Be it further enacted., That the said Cor-
poration shall, annually, in the month of March or
tiBgmay be ApHI, have a meeting and choose a clerk who shall
be under oath for the faithful discharge of the trust,
and a Treasurer, who shall give bond, with surety,
for the faithful performance of his duty ; and also
a Committee to manage the prudential affairs of
the Corporation, and whose duty it shall he to
warn subsequent meetings of said Corporation;
and if the Committee shall unreasonably neglect
to call a meeting, any Justice of the Peace for said
County, on the request of three or more of the
members of said Corporation, in writing, is authoriz-
sed to warn a meeting of said Corporation ; and no
subject shall be acted on in any meeting unless
there shall be an article for that purpose in the
warrant calling such meeting.
Sec. 3. Be it further enacted^ That said Cor])0-
ration, at a meeting for that purpose, may estab-
eguia- lish such rules and regulations, as they may think
proper: Provided they are not inconsistent with the
Laws of this Commonwealth. And the mode of
warning the first meeting of said Corporation shall
be the posting up a copy of tlie warrant, within
the projection of the congregational meeting house
in said precinct, ten days beiore the time of said
meeting. And Abraham Holmes Esq. is hereby
authorised and required to warn the first meeting
of said Corporation.
[Approved by the Governor, February 15, 1826.1
May establish
rules and re;
tions.
Proviso.
ESSEX MAR. RAILWAY CORP. Feb. 15, 1826. 1 19
CHAP. LXVI.
An Act to establish the Essex Marine Railway
Corporation.
Sec. ]. IjE it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That Moses Town-
send, Richard S. Rogers, William Fettyplace, Ro-
bert Brookhouse, and Horatio Perry, all of Salem, f^^'^sons incorpo
in the County of Essex, and such other persons as
have associated and may hereafter associate them-
selves with them, be, and they hereby are, made a
body politic and corporate, by the name of the
Essex 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 gen*-
erally do and execute whatever by law shall ap-
pertain to bodies politic and corporate, and shall
be capable in law to take, and hold, in fee simple,
or otherwise, any lands, tenements and heredita-
ments, not exceeding in the whole the value often Jf^f ^n"'^ ^"'' •*'!
thousand dollars, and shall also be capable in law ^^'ate.
to take and hold personal estate not exceeding in
the whole the sum of ten thousand dollars; and
shall also have power to sell, demise, exchange
and otherwise dispose of or manage, all or any part
of their lands, tenements, hereditaments, and per-
sonal estate aforesaid, for the benefit of said Cor-
poration, and shall also have a common seal, which
they may break, alter and renew at their plea- ^^^y ^^^° '^ «eai.
sure ; and shall also have power to make by-laws,
w ith suitable penalties and not repugnant to laws
of this Commonwealth.
Sec. 2. Be it further enacted, That the whole
property of said Corporation shall be divided into
shares, not exceeding one hundred and fifty. And shares
said shares shall be considered, in all respects, as
personal estate ; and the said Corporation shall
15
120 ESSEX MAR. RAILWAY CORP. Feb. 15, 1826.
Asiessmenta.
May sell shares.
Meeting to be
called.
May elect and re-
moV« officers.
Proviso.
have power, from time to time, to assess upon each
of said shares, such sums of money as may be
deemed necessary for the ])urposes of said Corpo-
ration ; and for the payment of any such assess-
ment, the said Corporation shall have power, after
notice iijiveji, pursuant to their by-laws in that be-
half, to sell, and dispose of the shares of delinquent
proprietors, at such time and manner as the said
Corporation may determine, and in case of any sale
of such shares aforesaid, a deed or deeds duly ex-
ecuted, and acknowledged by the President of said
Corporation or by any person authorized by said
Corporation, and recorded in their records, shall be
as effectual to convey such delinquent proprietor's
estate, and interest in such shares, as if such deed
had been made and executed by such proprietor
himselt.
Sec. 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 newspapers
printed in Salem aforesaid ; such notice, or adver-
tisement, 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 Corporation may
agree on the mode of calling, and warning their
annual and other meetings, and may elect a Presi-
dent and such other officers, as they may judge
proper for the orderly conducting of their affairs,
and the management of their property, and may
change or remove such officers at pleasure, and at
all meetings, each proprietor present shall be en-
titled to one vote for each share : Provided^ that no
stock holder slull be allowed more than ten i'Otes,
and any absent proprietcr sh?.- be entitled to vote
in 1i't3 manner by proxy aunurized in writing.
Sec. t Be it further enacted^ That the several
persons i.t ^-^iTi before named, or any two of them,
be, n>;'? they hereby are, autliorized to call the said
first meetirs in manner aforesaid.
[Approved by the Governor, February 15, 1826.]
Persons incorpo
THEOL. EDUCAT. AT CAMB. Feb. 15, 1826. 121
CHAP. LXVII.
An Act to incorporate certain persons by the name
of the Society for the Promotion of Theological
Education at Cambridge.
Sec. 1. 13 E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority oj the same, That Ben-
jamin Pickman, Esq. Charles Jackson, Esq. Dan-
iel A. White, Esq. the Rev. Joseph Tucker- '^'^"^
man, Rer. Charles Lowell, RicharJ Sullivan, Esq.
Steplien Higginson, Jun. Esq. Rev. James Walk-
er, Rev. Henry Ware, and Samuel A. Elliot, Esq.
and their associates, (heretofore known and acting
as a Voluntary Association under the name of the
Societ}'^ for the Promotion of Theological Educa-
tion in Harvard University,) with their successors,
be, and the^f hereby are, incorporated and niade a
body politic forever, for the purpose of establishing
and maintaining a Theological Institution, to assist
young men of competent talents, pure morals, and
piety, in preparing themselves for the Christian
Ministry, by the name of the Society for the Pro-
motion of Theological Etlucation at Cambridge,
with power to hold lands, and other property, for May how proper
the purposes of the Institution, and the same to
purchase or take by donation or bequest : Provided, '''<'^«"'
however, that the same shall never exceed the
annual inr mie of twenty thousand dollars ; and they
may have a common seal, and the same may break
and change at pleasure.
Sec. 2. Be it further enacted, That there shall
be an annual meeting of the society, for the choice ^^
of officers, and the transaction of such other busi- * *""
ness as may regularly come before them, on the
day before the Commencement at Harvard Uni-
versity, to be holden at such place in Boston or
Cambridge, as the directors hereinafter mentioned
122
THEOL. EDUC AT. AT C AMB. Feb. 1 5, 1 826,
OfficerB choseo.
Board of Direc-
tors.
Board constitu-
ted.
!Vl&y establish
rules, &c.
shall appoint, of which public notice shall be pjiven
at least fifteen days before the time of such meet-
ing, and at the said meeting shall be chosen, by
ballot, by the majority of the members present, a
President, Secretary and Treasurer, who shall
hold their offices for one year, and until others are
chosen in their stead. And in case of the death
or resignation of either of said officers, tlie vacancy
may be filled in manner aforesaid, at any legal
meeting of the Society. The Secretary shall be
under oath, and the Treasurer shall give bond, with
sufficient surety, faithfully to discharge the duties
of their respective offices.
Sec. 3. Be it further enacted^ That there shall
be chosen by the Society, five persons, to be de-
nominated Trustees. And all vacancies that may
thereafter occur among them, shall be filled by the
remaining memb^irs of the Board of Directors ;
the President, Secretary and Treasurer, with the
Trustees, shall constitute a Board of Directors,
and whenever a vacancy shall happen among the
three first mentioned Officers of the Board, the
other members shall exercise all the power of the
full board. And the said Directors shall have
such powers as the Society shall, from time to
time, provide by its rules, regulations and by-
laws.
Sec. 4, Be it further enacted^ That the Trus-
tees shall, with the President and Fellows of Har-
vard College, constitute one Board, i>f which seven
shall make a quorum, for the purpose of appropri-
ating all monies that have been given by members
of the said voluntary association, and which have
been paid over b}'^ such donors to the Treasurer of
Harvard College. And the President of Harvard
College shall preside at all public meetings, for
the examination of the Students of the Institution.
Sec. 5. Be it further enacted, That said Society
be, and they hereby are, authorized and empower-
ed, to make and ordain all needful rules, regula-
tions and by-laws, for the government of their own
Proviso.
THEOL. EDUCAT. AT CAMB. Feb. 15, 1326. 123
proceedings, for the admission of new members,
for defining the powers and duties of their own of-
ficers, and generally for the care and management
of ail the affairs of the Institution — the doings of
said society to be submitted to the Corporation of
Harvard College, for their approbation in all cases
wherein by the Constitution of the University, such
assent or approbation may be requisite : Provided Proviso,
however, that nothing in said rules, regulations
and by-laws, shall be repugnant to the Constitu-
tion and Laws of Xhh Commonwealth : ,/lnd Pro-
vided, also, that no assent to the peculiarities of
any denomination of Christians be required, either
of the Instructors or Students in said Institution,
and that no discouragement be in any manner or
form given therein to the serious, impartial, and un-
biased investigation of Christian truth.
Sec. 6. Be it farther enacted, That it shall be
the duty of the Directors to lay before the Presi- flvcn"'"' *" ''*
dent and Fellows of Harvard College, at least once
in every year, a statement of their proceedings, the
condition of the funds, and the claims of such Stu-
dents as may need pecuniary aid.
Sec 7. Be it further enacted. That this act shall
be in force when the President and Fellows of Har-
vard College shall assent thereto. And it .«hall be Si" *** ^ '"
lawful for the present officers of the Voluntary
Association mentioned in section first, to exercise
the powers given to the like officers in this Act,
until such assent, and until the then next annual
meeting of the society herein provided for.
[Approved by the Governor, February 15, 1826.]
124 BOSTON M. RAILWAY CORP. Feb. 15, 1826.
CHAP. LXVIII.
An Act to incorporate the Boston Marine Railway
Company.
Sec. 1. jjE it enacted by the Senate and House
of Representatives in General Court assembled, and
Persons incorpo- by the oiithority of the same. That Israel Thorn-
dike, Caleb Loring, Nathaniel Goudard, and Charles
Tracy, and others, their associates, be, and they
hereby are, constituted a body politic and corpo-
rate by the name of the Boston Marine Railway
Comnnny, for the purpoj*e of erecting Railways in
the city of iioston, for the repairing of ships and
vessels, and of repairing the same thereupon, and
the doing and transacting of all matters and things
whatsoever, relating to the building and repairing
vessels upon such Railwaj^s; and the said Corpo-
ration, by t^e same narr e, are hereby declared and
made capable in law, to sue and be sued, to plead
May have seal aud be impleaded, to have a common seal, and the
same to alter and renew, at pleasure ; to choose
and appoint a Treasurer, Clerk, and such other
May make by- officcrs, and to mako such rules and by-laws, not
inconsistent with the laws of the CommonAvealth,
as shall be judged necessary or expedient by the
said Corporation, for the management of the pro-
perty, estate, income, and affairs thereof, and gen-
erally to do and execute whatever by law shall ap-
pertain to bodies corporate.
Sec 2. Be it further enacted, That the said Cor-
poration be, and it hereby is, declared capable to
May hold real es- havo, hold, aud posscss real estate, not exceeding
in value fifty thousand dollars, and a further capi-
tal stock of thirty thousand dollars, with liberty to
increase the same to any amount, not exceeding
in all one hundred thousand dollars.
Sec. 3. Be it further enacted. That the said cor-
sharee poratc piopcrty shall be divided into shares, and
BOSTON M. RAILWAY CORP. Feb. 15,1825. 125
numbered in progressive order, beginnings at num-
ber one, and certificates shall be signed by the
Treasurer of the Corporation, and issued to the
proprietors accordingly ; and the shares aforesaid ualXred."^
shall be transferable by endorsement on the back
of the said certificates, and the property in said
shares shall be vested in the assignee or vendee
thereoi', when a record shall be made thereof by
the Cle»K of the Corporation, and new certificates
shall be issued accordingly ; and in all meetings of
the members of the said Corporation, for the trans-
action of business, each proprietor shall be enti-
tled to one vote for every share held by him ; Pro- Proviso
vided, always, that no one member shall ever be
entitled to more votes than shall be equal to one
fifth part in value of the corporate property ; and
members shall have the right to appear and act at
any meeting by proxy in writing.
Sec. 4. Be it further enacted. That the said Cor-
poration may, from time to time, at an}' legal meet-
ing c illed for that purpose, assess upon each share Assessment
such sum or sums of money as shall be judged
necessary for raising a capital for the completion
and effecting of the objects of this incorporation,
and carrying on of the business thereof, and for
defraying the charges and expenses incident there-
to, to be paid to the Treasurer, at such time or
times, and by such instalments, as shall be directed
by the said Corporation ; and if the proprietor of
any share shall refuse or neglect to pay any tax or
assessment duly voted by the said Corporation,
for the term of thirty days after the time set for
the payment thereof, the Treasurer is hereby au-
thorized to sell at public vendue the share or Ma, sen shares
shares of such delinquent proprietor sufficient to
pay all taxes and assessments which may be then
due from such proprietor, with all necessary and in-
cidental charges, after having given notice in some
public newspaper in the city of Boston, of the tioie
and place of sale, at least ten days before the
same, and such sale shall be a legal transfer of
126 CANAL FROM HALE'S MILLS. Feb. 15, 1826.
the share or shares so sold to the purchaser, who
shall be entitled to and receive a certificate or cer-
tificates of the share or shares hy him so pur-
chased accordingly.
Sec. 5. Be it further enacted^ That any two of
the persons named in this act may call the fir t
me'lting'^ """ " meeting of said Corporation, by advertising the
same in one or more of the newspapers printed in
Boston, seven days at least before the time of
meeting.
[Approved by the Governor, February 15, 1826.]
CHAP. LXIX.
An Act empowering Ezekiel Hale to open a Canal
from Hale's Mills to Little River Bridge, in Ha-
verhill.
Sec. 1. IjE it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That the said Ezekiel
Hale, his heirs and assigns, owners of his said mills,
May opM eana). ^c, and they arc hereby authorized and empowered,
within the term of four years from the passir-g of
this act, to open and clear out the channel v^ ::ie
said Little River, from his said mills, about hall a
mile, to Little River Bridge, and to open and cut a
navigable canal across the necks of land fornitJ by
the bends in said river, to make them sufticiendy
wide and deep, at common high tides, for tin>ber-
rafts and loaded gondolas to float freely the*^! in, and
also to build and construct a convenient to *v -path
on the easterly side of said river and canal, four
feet wide at the top, for the same distance, for the
purpose of towing boats and rafts up and down the
said river and canal, and the same, hereafter, at all
CANAL FROM HALE'S MILLS. Feb. 15, 1826. 127
times, to repair and maintain, use, occupy and en-
joj', paying therefor in manner hereinafter pre-
scribed. Provided^ that all damages shall be ascer- p^^^j^^ y
tained, and paid to all persons interested, before
said work shall be commenced.
Sec. 2. Be it further enacted, That Hobart Clark,
of Andover, John Varnum, of Haverhill, and Jesse ap^oS"""'
Kimball, jun. of Bradford, Esq's, shall be commis-
sioners to mete out and describe in writing, under
their hands, the location of said canal and tow-path,
and what culverts or sluices, under said tow-path,
and other erections, shall be made, to secure the
interests of the owners of land adjoining ; first
giving due notice to all persons whose rights may
be aifected thereby.
Sec. 3. Be it further enacted, That when the said
Ezekiel Hale, his heirs and assigns, and the propri-
etors of any land or water, affected by said canal,
tow-path, or clearing out of said river, cannot
agree upon the damages which may be occa- ^ ..
• II 1 IT- n \ r\ c' r^ Justices to ap-
sioned thereby, the Justices of the Court of Com- pomt appraisers.
mon Pleas, in said County of Essex, are hereby
autiiorized and empowered, upon application of
either party, after due notice given, to appoint three
disinterested freeholders, in said County of Essex,
whose appraisement of said damages, upon oath,
being returned into said Court, and by them ac-
cepted, shall be final between the parties ; Pro- Proviso.
vided, nevertheless, that if either party shall be dis-
satisfied with the appraisement of said freeholders,
and shall, at the same term of said Court, at which
said report shall be made, or at the next term of
said Court, apply to said Court for a trial by jury,
alleging the deficiency or excess, as the case may
be, of said damages, the said Court shall have pow-
er 10 determine the same by a jury at the bar of
said Court ; and if the verdict of said jury shall not
give to the party applying, a more favourable deci-
sion, the Court shall award costs against the party
applying ; but if the verdict of said jury shall be
more favourable to the party applying, the Court
16
128 BARRE TURN. CORP. Feb. 15, 1826.
shall award costs in his favour; and in both cases,
the judgment shall be made up agreeable to said
report or verdict, so far as it respects the damages,
with, or without, a deduction of the costs, as the
case may require, and issue execution accordingly.
Sec. 4. Be it further enacted^ That the said
ftil"' ** '** *" river, canal and tow-path, shall always be free for
all persons to use the same, at pleasure, for the pur-
poses aforesaid.
[Approved by the Governor, February 15, 1826.]
Toli
CHAP. LXX.
An Act, in addition to an act, establishing the Barre
Turnpike Corporation.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled and
by the authority of the same, That the said Barre
Turnpike Corporation, from and after the passing
of this act, shall, and hereby are authorized to de-
mand and receive, at their toll gate, on said turn-
pike road, the one lialf of the usual toll at one full
gate, and no more.
Sec 2. Be it further enacted, That said Corpo-
ration be, and are hereby, authorized to erect one
May erect gate, other half toU gate, on said turnpike road, any
where from the westerly side of the bridge, by
Isaac Tucker's dwelling house, in said Barre, and a
town road crossing said turnpike road, and leading
by the dwelling house of John Partridge, in said
Barre, with the right to demand and receive the
one half of the usual sum established by law, at one
full gate and no more.
[Approved by the Governor, February 15, 1826.]
FEM. CLASS SEMINARY. Feb. 15, 1826. 129
•
CHAP. LXXI.
An Act, in addition to an act, entitled " an Act for
incornorating certain persons for the purpose of
building a bridge over Connecticut River, in the
County of Hampshire, between the towns of
Northampton and Hadley, and for supporting the
same.
J3E it enacted by the Senate and House
of Representatives^ in Geyieral Court assembled^
and by the authority of the same, That the proprie-
tors of the Northampton Bridge be, and they are,
hereby, authorized and empowered to erect a bridge 5!^""
over Connecticut River, not less than twenty-six
feet in width, any thing in the act to which this is
in addition, to the contrary, notwithstanding.
[Approved by the Governor, February 15, 1826.]
CHAP. LXXII.
An Act to incorporate the Female Classical Semi-
nary. '
Sec. 1. 1>E it enacted by the Senate and House
of Representatives^ in General Court assembled, and
by the authority of the same. That there be, and rateT° '""'^^'''
hereby is, established, in the 6rst parish of Brook-
field, in the County of Worcester, an Institution, to
be denominated the Female Classical Seminary, and
that Eliakim Phelps, Micah Stone, Thomas Bond,
Ehsha Hammond, Jesse Bliss, Silas Henry, Henry
Nolen, and Allen Newell, be, and they hereby are,
130 FEM. CLASS. SEMINARY. Februanj 15, 1826.
• established, a body corporate, as Trustees of said
Seminary ; and they and their successors shall con-
Ma have asoai tinuc a Corporation, by that name, forever ; and shall
have power to use a common seal, to make con-
tracts, to sue and be sued, to hold and improve, for
the purposes of said Corporation, all estates, real,
personal, or mixed, which may at any time be ap-
propriated to the objects of said Institution : P70-
vided, the annual income of such property shall not
exceed the sum of ten thousand dollars, and that
they may prosecute and defend to final judgment
and execution, all actions, real, personal or mixed,
by the name of the Female Classical Seminary ;
and may appoint an Agent, or Agents, to prosecute,
or defend such actions.
Sec. 2. Be it further enacted^ That the Trustees
may, within one year after the passing of this Act,
Trustees to elect clcct, by ballot, a 13oard of Visitors, not to exceed
tors"" " "" nine in number, whose duty it shall be to attend at
the quarterly examinations of said Seminary, and
to do and perform all such other duties as shall de-
volve on them.
Sec 3. Be it further enacted, That said Trustees
May choose offi- Hiay elcct a President, Vice-President, Secretary,
*'^"' and Treasurer, with such other officers as they may
think proper. The Secretary to be under oath, and
the Treasurer to give bonds, with sufficient surety
or sureties, for the faithful discharge of their res-
pective duties ; and said Trustees and also said
Board of Visitors may, from time to time, enact
such by-laws, rules, and regulations, for their res-
pective bodies, as they may think proper. Provid-
ed, that the same be not inconsistent with the laws
of this Commonwealth.
Sec. 4. Be it farther enacted, That said Trustees
may, with the concurrence and consent of said Board
May elect Teach- qJ" Visitors, elcct such Teachers, and make such
appropriations of money, or other property as the
interest of the Seminary may require.
Sec 5. Be it further enacted, That whenever any
vacancy or vacancies occur in the said Board of Trus-
COSTS IN CRIM. PROS. February 15, 1826. 3 31
tees, or in the Board of Visitors, by death, resigna-
tion, or otherwise, such vacancies shall be filled by
ballot, and each Board shall fill its own vacancies ; vacancies eiied
and whenever any member, of either Board, shall,
by age, infirmity, orotherwise, become, in the judg-
ment of a majority of both Boards, an improper
member of such' Board, such Board may declare
the seat of such member vacant, and may forth-
with proceed to fill such vacancy in the manner be-
fore provided.
Sec. 6. Be it further enacted, That the principal
Instructor of said Seminary, shall, ex officio, be a
member of the Board of Trustees, which Board
shall, at no time, consist of more than nine mem-
bers, five of whom shall always be necessary to
constitute a quorum for the transaction of business.
Sec. 7. Be it further enacted/ThdiilEMdikimFhelps
be, and he is, hereby, authorized, to appoint the May hold meeting
time and place of holding the first meeting, of both
Boards before named, by giving personal or written
notice seven days at least before the said meeting.
[Approved by the Governor, February 15, 1826.]
CHAP. LXXIII.
An Act further to provide for the Payment of
Costs in Criminal Prosecutions.
Sec. 1. mjE, it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That the provisions of
the act entitled, " an Act, in addition to an Act,
further to provide for the payment of Costs in
Criminal Prosecutions, passed the twenty-fifth day
of February, in the year of our Lord one thousand
eight hundred and twenty-five, be, and the same
132
FISH IN BRIDGEWATER.
Feb. 15, 1826.
Law extended.
Poviso
hereby are extendecl to the County of Suffolk, and
the Justices of the Pohce Court within and for the
City of Boston as effectually as if said County and
said Justices had been named therein — excepting
the provision for the examination and allowance by
the Court of Common Pleas, of the costs therein
named.
Sec. 2 Be it further enacted^ That the costs that
heretofore have arisen since the passage of the
act aforesaid or may hereafter arise, in the County
of Suffolk, provided for by this act, shall be certi-
fied to the Board of Accounts for said City and
County, and said Board of Accounts shall adjust,
liquidate, examine, allow and certify the same, as
is their duty in relation to other costs in Criminal
Prosecutions. Provided^ however.^ that no costs
arising on any prosecution for a violation of any
by-laws of the City of Boston, or any town in this
Commonwealth, shall hereafter be allowed or paid
under the provisions of this act, or an act passed
on the twenty-fifth day of February, in the year of
our Lord one thousand eight hundred and twenty-
five, to which this is in addition, entitled, "An
Act in addition to an Act, further to provide for
the Payment of Costs in Criminal Prosecutions."
[Approved by the Governor, February 15, 1826.]
CHAP. LXXIV.
An Act in addition to an Act, entitled, " An Act
regulating the taking of Fish in the town of
Bridgewater, in the county of Plymouth.
JljE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same^ That from and
SPRINGF. CARD MAN. COM. Feb. 15, 1826. 133
after the passin.^ of this act, it shall not be lawful ISl?.^ ""' "''"'''
for the Town of Bridge water, or the Inhabitants
thereof, to catch the fish called Shad and Alewives
in Titiciit River, so called, which forms the boun-
dary line between the said town of Bridgewater
and the town of Middleborough, below the point
where Nemastet River empties into the said Titi-
cut River, or within twenty rods above that point ;
any thing in the act to which this is in addition to
the contrary notwithstanding.
[Approved by the Governor, February 15, 1826.]
rated.
CHAP. LXXV.
An Act to incorporate the Springfield Card Manu-
facturing Company.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That Joseph Ca- persons incorpo
rew, Walter H. Bowdoin, Israel Phillips, jun. '" "
and William Bowdoin, jun. with such others as
have already associated, or may hereafter associate,
with them, their successors and assigns, be, and they
hereby are, made a Corporation, by the name of
the Springfield Card Manufacturing Company, for
the purpose of making and vending, in the town of
Springfield, and County of Hampden, various de-
scriptions of machine and other cards, and the ma-
chinery for making the same ; and for that purpose
shall have all the powers and privileges, and be lia-
ble to all the duties and requirements, contained in
an act, entitled " An Act defining the general pow-
ers and duties of manufacturing corporations," pass-
ed the third day of March, in the year of our Lord,
J34 WORCESTER TURNP. ROAD. Feb. 15, 1826.
one thousand eight hundred and nine, and the se-
veral acts in addition thereto.
Sec. 2. Be it further enacted^ That said Corpo-
ration may be lawfully seized and possessed of such
real estate, not exceeding;, in value, thirty thousand
Sonausiati* dollars, and such personal estate, not exceeding,
in value, fifty thousand dollars, as may be con-
venient for carrying on the manufactures and busi-
ness aforesaid.
Sec. 3. Be it further enacted^ That any one, or
more, of the persons abovenamed, may 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, three weeks successively, in
any newspaper, printed in Springfield, in the Coun-
ty of Hampden, for the purpose of choosing offi-
cers, and making by-laws, for regulating the con-
cerns of said corporation.
[Approved by the Governor, February 15, 1826.]
Meeting to be
callsd.
CHAP. LXXVI.
An Act to discontinue a part of the location of the
Worcester Turnpike Road. i
XjE it enacted by the Senate and House
of Representatives^ in General Court assembled,
and by the authority of the same^ That from, and
after, the passage of this act, so much of the lo-
cation of the Worcester Turnpike as was over
the old road, or ancient highway, in the town of
Roxbury, be discontinued and annulled ; and that
the easterly end of said turnpike shall, hereafter,
be at the Arch, in Brookline, where said turnpike
irovi!.. road leaves the ancient highway : Provided, that
SEC. BAP. SOC. IN SALEM. Feb. 15, 1826. 135
the said Turnpike Corporation pay to the said town
of Roxbury the sum of two hundred and fifty dol-
lars, on, or before, the first day of May next.
[Approved by the Governor, February 15, 1826.]
Personi insorpc-
CHAP. Lxxvir.
Ah Act to incorporate a number of the inhabitants
of the Town of Salem, in the County of Essex,
into a Society, by the name of the Second Bap-
tist Society in Salem.
Sec. 1. jjE it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of (he same, That Robert Up-
ton, Michael Webb, jun. Thomas Perkins Pingree, fauT
Nathan Putnam, Thomas Doyle, William Stickney,
Thomas Gwinn, Samuel Simonds, Peter Ames,
Ebenezer Perkins, Abraham Kimball, Winthrop
Sargent, Stephen Fogg, Samuel Webb, jun. with
such other persons as shall associate, and become
interested, with them, in manner hereinafter men-
tioned, be, and they hereby are, incorporated and
made a body politic, by the name of The Second
Baptist Society in Salem.
Sec. 2. Be it further enacted, That the said cor- M«y purchase
poration may purchase, and hold the lot of land in ^"'^' *"^
Salem aforesaid, whereon they have lately built a
meeting-house, and such other estate, real and per-
sonal, as the corporation shall determine to own ;
Provided, that the annual income of tlie whole es- Proviso.
tate of the corporation, besides the meeting-house
and land under it, shall not exceed three thousand
dollars. And the said corporation may sue and be
sued, by its corporate name, may make and use %
17
136
SEC. BAP. SOC. IN SALEM. Feb. 16, 1826.
May have a seal,
jnake by-IawB,&.c.
Proviso.
Povirers granted.
Empowered to
assess, &c.
common seal, and break or alter it at pleasure, may
make any by-laws for the government thereof, and
for the management of the corporate property, that
a major part of the members present (calculating
according to their respective interests) shall think
for the best ; Provided, the same are not contrary
to the constitution and laws of this Commonwealth ;
and is invested with all the powers, privileges and
immunities, to which other religious societies, in
this Commonwealth are entitled by law.
Sec. 3. Be it further enacted, That the property
of the several members of the said corporation, for
the time being, shall be calculated according to
their respective rights and interests in the pews of
the meeting-house, lately built, as aforesaid, at the
valuation thereof which hath been made ; and all
persons w^ho shall become proprietors, or interested
in said pews, shall be deemed to have associated
with, and shall become members of this corpora-
tion, accoiding to their respective interests in such
pews.
Sec. 4. Be it further enacted, That the said cor-
poration are hereby authorized to raise, b}' an as-
sessment on the pews in the said meeting-house,
such sum and sums of money, for the settlement
and maintenance of a minister or ministers, for the
purchase of said lot of land, for the building up and
repairing the meeting-house, and for defraying the^
other expenses of public worship, with incidental
charges, as the members of the same shall agree
on, at any legal meeting, to be called for that pur-
pose, according to the said valuations; and the sums
so assessed shall be paid by the respective proprie-
tors of such pews; and if any proprietor of such pew,
shall neglect to pay any assessment, which shall be
legally made thereon, as aforesaid, for one year after
the same shall have been made, the treasurer of said
corporation, for the time being, shall be authorized
and empowered to sell and convey all the estate,
share and interest, of such delinquent proprietor, in
SEC. BAP. SOC. IN SALEM. Feb. 15, 1826. 137
the said corporation, at public auction, first giving
notice thereof, fourteen days, at least, previous to
the sale, at two of the doors of said meeting-house;
and upon such sale to execute a good and sufficient
. deed, or deeds, thereof, to the purchasers ; and after
deducting the amount of such delinquent's assess-
ment, together with legal interest thereon, from the
time the sale was made, and all incidental costs and
charges, the said treasurer shall pay the surplus, if
any there be, to such delinquent proprietor.
Sec. 5. Be it further enacted^ That Robert Up- to can first
ton, Samuel Webb, jun. and Michael Webb, jun. """'"^
be, and hereby are, authorized to call the first
meeting of the members of this corporation, by
publishing a notice on the doors of the meeting-
house, requiring them to meet, at such time and
place as shall be therein setforth, to choose a
moderator, and a clerk, (who shall be duly sworn,) May choose mo.
a treasurer, and a committee, and such other ''"'''°'' ^*'-
officers as they shall judge necessary; and the
moderator of that, and all future meetings, shall
have power to administer the oath of office to
the clerk, and the committee appointed at that, or
any other meeting of said proprietors, legally called
for that purpose, shall have power and authority to
assess and apportion, on the pews in said meeting-
house, all such sum and sums of money, as the
members of said corporation shall lawfully agree
to raise ; and shall also be authorized to execute
and deliver, in the name and behalf of said corpora-
tion, deeds of the pews in said meeting house.
Sec. 6. Be it further enacted, That the annual
meeting of this corporation, shall be holden on the
first Monday in January, of every year; which
meeting shall be called by order of the committee,
requiring the proprietors' clerk to publish a notice
of the same, on the doors of the meeting-house, the
day previous thereto. And upon the petition of any
ten members of this corporation, to the committee,
that a special meeting be called, of the members,
it shall be their duty to issue their warrant to the
Moderator may
have power.
Annual meeting
when held, &c.
138 FISH IN IPSWICH RIVER. Feb, 15, 1826.
proprietors' clerk, requiring him to call said meet-
ing, giving, at least, seven days notice, on the doors
of said meeting-house, and directing the time and
place where such meeting shall be held.
[Approved by the Governor, February 15, 1826.]
CHAP. LXXVIII.
An Act to regulate the Passage ways for Fish in
Ipswich River, within the town of Ipswich
Sec. 1. 15E it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the a.Ahority of the same. That instead of the
passage-ways now required by law to be kept open
at Warner's Mill-dam, and the dam at Farley's
mill, in Ipswich, the owners of said dams, their
successors and assigns, shall make and continue in
gjod repair a Fish-way over said dams, at the
northerly end of the same, of the following descrip-
Bescrimion.&c. tiou aud dimcnsious : — said fish-ways to be made
offiBh. ays. either with wood or stone, beginning at the top of
^ the dams, five feet in width and one foot in depth,
and to admit of not less than six inches of water
over the dam into said ways, and thence running
down stream twenty feet and terminating at seven
feet in width, with stoppers on each side, of plank
or stone, running not more than half way across
said passage-ways, within two feet of each other;
and said head shall be kept open and in good re-
pair at all times from the tenth day of April to the
first day of June, in each year.
Sec. 2. Be it further enacted. That so long as
the owners of said dams shall keep open said
Exemptftompen- ^oursc or passage ways, and in good repair, in
aity, &c. _ manner aforesaid, they shall not be subject to any
N. ENG. GLASS BOTTLE CO. Feb. 15, 1826. 139
of the penalties or restrictions of any law regulat-
ing the passage of Fish in Ipswich River.
[Approved by the Governor, February 15, 1826.]
CHAP. LXXIX.
An Act to incorporate the New England Glass
Bottle Company.
Sec. 1. -OE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the 5a»?e, That Deming Jar- perMnsmeorup
vis and Edmund Munroe, together with such other '**"^
persons as may become associates with them, their
successors and assigns, be, and they are hereby
made a corporation by the name of The New
England Glass Bottle Company, for the purpose of
manufacturing black and green glass ware in the
city of Boston and the town of Cambridge, and
for that purpose shall have all the powers and ''eJ^^'P"''"
privileges, and be subject to all the duties and re-
quirements contained in an act passed on the third
day of March, in the year of our Lord one thou-
sand eight hundred and nine, entitled, " an act de-
fining the general powers and duties of Manufac-
turing Corporations" and the several acts in ad-
dition thereto.
Sec. 2. Be it further enacted. That the said Cor-
poration may hold and possess such real estate f^^ ^'^^^^^\[
not exceeding in value one hundred thousand dol- ^ " "" ^'
lars, and such personal estate not exceeding three
hundred'thousand dollars, as may be necessary and
convenient for ca»-rying on the business of making
black and green glass ware.
Sec. 3. Be it further enacted, That either of the
persons named in this act, be, and he is hereby an-
tate.
340 N. CATTLE &c. IN BARNST. Feb. 15, 1826.
thorized to appoint the time and place of holding
First meeting the fifst meeting of said Corporation, and notify
each of the members thereof, either by personal
notice or otherwise, seven days at least before the
time of holding the first meeting.
[Approved by the Governor, February 15, 1826.]
CHAP. LXXX.
An Act to prevent the going at large of Neat Cat-
tle on the Province Lands, in the county of
Barnstable, and for other purposes.
Sec. 1. JjE it enacted by the Senate and House
of Representalmes in General Court assembled,
and by the authority of the same, That from and
after the passing of this act, it shall not be lawful
for any person or persons, to suffer any Neat Cat-
tle, Horses, or Sheep, to ^o at large on the Pro-
vince Lands and Beach in the county of Barnsta-
ble, or to cut any beach-grass, brush, or wood
thereor, or to pull up any roots of shrubs, trees,
or beach-grass therefrom.
Sec. 2. Be it further enacted, That if any per-
son or persons shall violate the provisions of this
act, each person so offending, for each and every
such offence, shall, on conviction thereof, pay a
Pine. fine not exceeding ten dollars, nor less than five
dollars, to be recovered, the one half to him or
them who shall sue for the same, and the other
half to the town 'of Provincetown, by action of debt
in any court proper to try the same.
[Approved by the Governor, February 15; 1826.}
N. E. CON. METH. EPIS. CH. Feb. 15, 1826. 141
CHAP. LXXXI.
An Act to incorporate the Trustees of the New
England Conference of the Methodist Episcopal
Church.
Sec. 1. Jl5E ?!/ enacted by the Senate and House
of Representatives in General Court assembled and
by the authority of the same, That Edward Hyde,
Joseph A. Merrill, Solomon Sias, Timothy Merritt,
and Ebenezer Blake, be, and they hereby are nom-
inated, and appointed Trustees, and incorporated
into a body politic, by the name of the Trustees of
the New England Conference of the Methodist
Episcopal Church, and they and their successors
in office, shall be and continue a body politic by ,.J '^-^^uJ^.i^i^J..
that name forever. An d^ the number of Trustees Number of xms-
Persons iacorpo-
rated.
shall never exceed nine, nor be less than five, a T!-, / f^ ^t^ f^
majority of whom shall form a quorum, but a less ^^ ft''^. **^ *»^*.
number may adjourii from time to time.
Sec. 2. Be it further enacted, That all lands,
monies, or other property, heretofore given to the
New England Conference, or which may hereafter
be given, granted or assigned to the said Confer-
ence, or the Trustees thereof, shall be confirmed to
the said Trustees and their successors in that trust
forever, for the purposes which, in the instruments
of conveyance are, or shall be expressed. And the
said Trustees shall be capable of having, holding
and taking in fee simple, by gift, grant, devise, or
otherwise, any lands, tenements, or other estate
real or personal : Provided, that the net annual j.^^^.,^^,
profits thereof shall not exceed six thousand dol-
lars.
Sec 3. Be it further enacted. That the said
Trustees for the time being, shall have full power Trustees have
to determine and fill all vacancies which may hap- po"'^'-
pen by death, resignation, incapacity, or otherwise,
so as to keep up at least the number of five Trus-
tees forever : Provided, thu-t no person shall be eli- p^„^.^„
May have a seal.
142 N. E. COJN. METH. EPIS. CH. Feb. 15, 1826.
gible to, or sustain the office of Trustee, who is not
a regular member of the said Conference ; to fix
the times and places for holding their meetings, the
manner of notifying the Trustees, the method of
filling vacancies, and to make such by-laws as they
may think proper, for the management of their
froviso. concerns : Provided, the same be not repugnant to
the laws of this Commonwealth.
Sec. 4. Be it further enacted, That the Trustees
aforesaid may have a common seal, which they may
change at pleasure ; and all deeds sealed with said
seal, acknowledged and delivered by the Treasur-
er of said Trustees, with all notes, bonds, and other
instruments signed by him according to their order,
shall be good and valid in law. And the said Trus-
tees may sue and be sued, in all actions, and prose-
cute and defend the same to final judgment and exe-
cution, by the name of the Trustees of the New
England Conference of the Methodist Episcopal
Church.
Sec. 5. Be it further enacted, That Solomon
Sias, be, and he hereby is authorized and empow-
ered to appoint the time and place for holding the
pir»t Meeting, first meeting of the said Trustees, and to notify
them thereof, by publishing the same in Zion's
Herald, at least thirty days before the time of
meeting.
Sec. 6. Be it further enacted, That any or all
the foregoing articles and provisions of this act
may be altered, amended or repealed, by the Legis-
Leguiaturemay ^^^^^^ ^f ^j^ig Commouwealth, at their will and
pleasure.
{Approved by the Governor, February 15, 1826.]
ENFIELD MAN. COMPANY. Feb. 15, 1826. 143
CHAP. LXXXII.
An Act in addition to an Act to incorporate the
Ware Manufacturing Company.
Xj E it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That the said Ware
Manufacturing Company be, and they hereby are
empowered to increase their present Capital stock, ^ay increas.
by the addition of any sum or sums not exceeding ^*°'=''
in the whole, the further sum of three hundred
thousand dollars. The whole capital stock of said
company, being at no time to exceed the sum of
six hundred thousand dollars.
[Approved by the Governor, February 15, 1826.]
CHAP. Lxxxni.
An Act to mcorporate the Enfield Manufacturing
Company.
Sec. 1. X>E it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That David Smith Persons incwpo-
and Alfied Smith, with such others as have already '^'""^
associated or may hereafter associate with them,
their successors and assigns, be, and they hereby
are, made a corporation by the name of The En-
field Manufacturing Company, for the purpose of
manufacturing: cotton and woollen yarn or cloth,
and vending the same, and of manufacturing and
vending implements and machinery useful in the
m:\kiiig of wsuch yarn or cloth, in the town of En-
field, and county of Hampshire, and for those pur-
poses shall have all the powers and privileges, and Powers granted.
be liable to all the duties and requirements, con-
18
144
STATE PRISON IN CHARLES. Feb. 15, 1826.
May possess real
and personal es-
tate.
First meeting.
tained in an act, entitled " an act defining the gen-
eral powers and duties of Manufacturing Corpora-
tions, 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.
Sec. 2. Be it further enacted, That said Corpora-
tion may be lawfully seized and possessed of such
real estate, not exceeding in value fifty thousand
dollars, and such personal estate not exceeding in
value fifty thousand dollars, as may be conv^enient
for carrying on the business and manufactures
aforesaid.
Sec. 3. Be it further enacted, That any one or
both of the persons abovenamed, may call the first
meeting of the members of the said Corporation,
at such time and place as they shall see fit to ap-
point, by giving twelve days previous written no-
tice thereof to each of said members, or by pub-
lishing the same three weeks successively in any
newspaper printed in Northampton, in the county
of Hampshire, for the purpose of making by-laws
to regulate the concerns, and choosing officers of
said Corporation.
[Approved by the Governor, February 15, 1826.]
CHAP. LXXXIV.
An Act for the erecting of another building within
the limits of the State Prison, in Charlestown,
and for the better government thereof.
Sec. 1. x>E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That there shall
be erected within the limits of the State Prison
yard, in Charlestown, in the County of Middle-
STATE PRISON IN CHARLES. Feb. 15, 1826. 145
BuiUiinj
erocloil.
sex, a building of unhammered stone, adapted to the
sepanite confinement of three hundred convicts,
upon such plan as shall be first approved by His
Excellency the Governor, by and with the advice
and consent of the Council, and that it shall be the
dul}" of the Warden of said State Prison to prepare
the plan, make the necessary contracts, and person-
ally superintend the erection and completing of the
same.
Sec. 2. Be it further enacted^ That in addition to
the money now in the hands of the Warden of said
Prison, or which may accrue from the labor of the
convicts beyond the amount necessary for defray-
ing the current expenses of said prison, there be, M°n*y approp"-
and hereby is, appropriated, for erecting said build-
ing, the sum of five thousand dollars, and that His
Excellency the Governor, by and with the advice
of Council, b , and he hereby is, authorized and
requested to draw his warrant on the Treasury of
this Commonwealth, for the same, in such sums,
and at such times as the same may be required.
Sec. 3. Be it further enacted^ That the compen- warden to pay
sation allowed, by law, to the Directors, Warden, '*''"*''■
Chaplain, Physician, and Keeper of said State Pri-
son shall, hereafter, be paid to those officers, re-
spectively, by the Warden, out of the funds of the
prison, in his hands, and be allowed in the settle-
ment of his accounts.
Sec. 4. Be it further enacted, That if any officer,
contractor, teamster, boatman, truckman, or wa- offlcersAcuabie.
goner, employed in, or about, the said State Prison,
or any other person, shall deliver or cause to be
delivered, or have in his, or her, possession, with
intent to deliver, to any person> under sentence of
confinement, in said prison, or shall deposit or
conceal in any of the yards or wharves of said pri-
son, or in any cart, team, sled, boat, or other vehi-
cle, going into the premises of said prison, any ar-
ticle, of any kind, with intent and design that any
convict therein should obtain the same, without the
knowledge and consent of one of the Directors, or
146 SEC.PREC. INATTLEBORO'. Feh. 15, 1826.
the Warden, of said prison, every person so offend-
ing shall be liable to indictment before any court,
competent to try the same, and, on conviction
thereof, shall be sentenced to confinement, to hard
labor, in said prison, or to confinement in the Coun-
ty Gaol for a term not exceeding two years, or be
fined a sum not exceeding five hundred dollars, at
the discretion of the court before whom such con-
viction shall be had.
r. ■ , ^ Siic. 5. Be it further enacted. That the convicts,
Convicts to be in . • i i.i v\ • i n i
dasses. m said ^Staie Prison, shall, Ijereafter, be arranged
into classes, as the Directors shall, from time to
time, order and appoint, and may be let out to ser-
vice to such person, or persons, and for such term
of time, not exceeding three years, as the Directors
may deem most advantageous ito the prison.
contrac to be ^^' ^' ^^ ^^ furthcr euacted, That all contracts
advertised. for thc su})ply of any articles for the use of the
prison, shall, annually, be advertised for, and com-
menced, at such time as the Directors may deem
proper.
[Approved by the Governor, February 15, 1826.]
CHAP. LXXXV.
An Act in addition to an Act, establishing the se-
cond precinct in Attleborough.
Sec. 1. j3e 27 enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That no person
shall hereafter become a member of said second
precinct so that he be entitled to vote in an}^ pre-
cinct meetings therein, unless such person shall
have six months previously to any such meeting,
signified his intention, in writing, of becoming a
N. HAMP. TURNP. ROAD COK. Feb. 15, 1826. 147
member of said Corporation, and lodge a certificate
with the Clerk thereof.
Sec. 2. B' it further enacted, That the Clerk of
said second precinct shall at all times keep a cor- f-'^rk to keep ust
rect list of all the members of said Corporation,
and once in each year lay a true copy of the same
before the said Corporation, at their annual meet-
ing.
[Approved by the Governor, February 15, 1826.]
CHAP. LXXXVI.
An Act discharging the third New Hampshire
Turnpike Road Corporation from their liability
to maintain part of their road.
IjE 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 passinji of this act, the Third 'New Hampshire
Turnpike RoRd Corporation be, and they are, here-
by, forever discharged from their liability to main-
tain and keep in repair all that part of said Turn-
pike Road which lies in the town of Townsend, in
the county of Middlesex ; any thing in their act of
incorporation to the contrary notwithstanding.
[Approved by the Governor, February 15, 1826,]
Not liable to re-
pair road.
148
FIRST UNIV. SOC. IN PLYM. Feb. 15, 1826,
Powers granted.
CHAP. LXXXVII.
An Act to incorporate the First Universalist Society
in Plymouth.
Sec. 1. HK it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That William Brown,
Persons incorpo- Danicl JacksoH, juo. John (iooding, James Bradford,
William M. Jackson, Caleb Rider, Isaac Bartlett,
Finney Leach, and all othei- persons who now are,
or hereafter ma)^ be, associated with them, and their
successors, shall be, and hereby are created and
established as a religious society and body corpo-
rate and politic, by the name of the first Univers^al-
ist Society in Plymouth, and by that name may sue
and be sued, plead and be impleaded, and possess
and enjoy all the privileges, powers and immunities,
to which parishes and other religious societies are
by the constitution and laws of this Common-
wealth entitled, and shall have authority to take,
hold fand possess, by grant, gift, devise, or other-
wise, any real or personal estate, 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 authority to choose all such officers,
and make all such by-laws and regulations as may
seem expedient for the due government of said
society, and the management of their funds and
other parochial concerns : Provided, such by-laws
and regulations shall be in no wise contrary to the
constitution and laws of this Commonwealth.
Sec. 2. Be it further enacted, That the said so-
ciety shall also have power, at their annual meet-
ing, to assess all such taxes as may be necessary
and proper for the maintenance of public worship,
the repairs and preservation of the Church and all
other parochial charges and expenses, and shall also
have power to determine the mode of assessing
said taxes, either upon the pews in the church of
May hold estate.
Foviso.
Ta.\ea.
sold.
FIRST Ux\IV. SOC. IN PLYM. Feb. 15, 1822. 149
said society, according to tlieir relative value to be
ascertained by the fir'<t sale of each pew, or upon
the real and personal estate of the individual mem-
bers of said society, and upon their rateable polls,
in the same manner and with equal power for col-
lecting the same, as is by law allowed for assessing
and collecting similar taxes. And whenever it may
be determined to assess the taxes on the pews,
the taxes so assessed, shall be a lien on the pews
respectively, and in case of the non payment of the
taxes so assessed for the space of two 3xars from
the time of assessing the taxes, the pew or pews, pg^^^^ ^e
upon which the tax or taxes shall have been assess-
efl shall be forfeited to the society, and may be
sold at public auction in such manner as the society
may by their by-laws and regulations provide, and
the net proceeds of the said sale, after deducting
the amount of taxes due thereon, with the charges
of sale, shall be paid to the proprietor of the pew,
so sold, or to his assigns, and the society shall have
full authority to convey to the purchaser of any pew
so sold, a good and valid title as purchaser thereof.
Sec. 3. Be it further enacted, That there shall
be an annual meeting of said society, either in the
month of April or May, in every year, at which ''^'''
meeting the society shall have power to raise all
such sums of money as shall be needed for the
purposes before mentioned, and may choose their
officers, who shall hold their offices during one
year, and until others are elected in their stead.
Sec. 4. Be it further enacted, That the first
meeting of this society, may be called by either of Notice of meet
the persons named in this act, by an advertisement
in the Old Colony Memorial, a newspaper printed
in Plymouth, seven daj^s before the time of holding
such meeting, and at such meeting, all business may
be transacted which should be done at any annual
meeting, and all proceedings may be had to organ-
ize said society, and to carry into effisct all the
powers given to said society in this act.
[Approved by the Governor, February 15, 1826.]
Meeting to be
150 LANDLORDS AND TENANTS. Feb. 15, 1826.
CHAP. LXXXVIII.
An Act continuing the Massachusetts Charitable
Mechanic Association.
XjE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That the Massachu-
setts Charitable Mechanic Association, incon -ora-
ted by an act, entitled " an act to incorporate .lona-
Act extended. Wx2i\\ Hunnewcll, and others," shall and may reruain
a Corporation during the pleasure of the Legisla-
ture, from and after the time limited for the con-
tinuation of said Corporation, by t.n act passed on
the twenty-sixth day of February, one thousand
eight hundred and fourteen, with the same powers
and privileges it now enjoys, excepting that its
personal and real estate may amount to one hun-
dred thousand dollars, and that it may establish
schools and libraries for the use of apprentices,
and the improvement of the arts.
[Approved by the Governor, February 15, 1826.]
CHAP. LXXXIX.
An Act providing further remedies for Landlords
and Tenants.
Sec. 1. j3E it enacted by the Senate a?id House
of Representatives in General Court assembled, and
by the authority of the same. That where the te-
nant and occupant of any house or tenement, shall
hold such house or tenement without right, and
after notice in writing to quit the same ; whoever
has the right of possession thereof, may summon
Form of eum-
nnons.
LANDLORDS AND TENANTS. Fc^^. 15, 1826. 151
sucli tenant or occupant to answer to his complaint
before the Justices' Court of the County of Suffolk,
if such house or tenement be within the County of
Suffolk, and before any Justice of the Peace for
any other county wherein such house or tenement
may be ; the form of which summons shall be as
follows : the same being suitably altered, when it
is returnable before the Justices' Court of the Coun-
ty of Suffolk.
S ss. To the Sheriff of the said county, or
either of his Deputies, or the Constables of the
town of , within the said county, or to any or
either of them. Greeting :
In the name of the Commonwealth of Massachu-
setts, you are required to summon A B , of
C , aforesaid, (addition) (if he may be found in
your precinct) to appear before me, D E ,
esquire, one of the Justices of the Peace for the
county aforesaid, at my dwelling-house in , in
said county, on the day of , at of the
clock in the noon ; then and there to answer
to the complaint of F G , of — ~, in -,
(addition) wherein said F G complains,
that said A B , on the day of the date here-
of, is in possession of [the premises demanded]
without law, and against the right of the said F
G , as shall then and there appear. Here-
of fail not : and make due return of this writ, and
of 3^our doings therein, unto m3^self, at or before
the said time or day of trial. Dated at afore-
said, the day of , in the year of our Lord
: Which summons shall be served at least
seven days before the return day thereof, by the
officer to whom it is directed, by reading the same,
in the hearing and presence of the tenant or occu-
pant therein named, or by leaving a true copy
thereof, upon the demanded premises. If the
complainant shall duly enter such writ, and the de-
fendant neglect to appear and answer thereto, or
if the defendant shall duly appear and answer, and
after issue joined, it shall be considered by the
19
Summons to be
served.
152 LANDLORDS AND TENANTS. Feb. 15, 1826.
Court, trying the same, that the complainant hath
sustained his complaint, then judgment shall be
rendered, that the complainant have possession of
the demanded premises, and for his costs ; and
thereupon the complainant shall have the writ of
facias habere possessionem, provided in the twen-
ty eighth chapter of the vStatute of this Common-
wealth, Anno Domini seventeen hundred and
eighty-four; the same being so far altered as the
case may require. And if, after issue joined, it
shall be considered by the said Court that the com-
plainant hath failed to sustain his complaint, then
the defendant shall have judgment that the com-
plaint be dismissed, and for his costs ; and shall
have execution accordingly.
Sec. 2. Be it further enacteil, That any party
aggrieved by the judgment of any Court, in any
action brought upon this statute, where both parties
have appeared and pleaded, may appeal therefrom
May appeal. ^^ ^^^ ^^^^^ q^^^^^ ^f Commou Plcas, to be held
within the same county ; and the complainant
shall, before his appeal is allowed, recognize, with
sufficient surety or sureties, in such reasonable
sum as the Court shall order, to pay all interven-
ing damages and costs, and to prosecute his appeal
■with effect ; and the defendant shall, before his ap-
peal is allowed, recognize, with sufficient surety or
sureties, in such reasonable sum as the Court shall
order, to pay all rent due and in arrears, and all in-
tervening rent, damages and costs ; and each party
appealing shall be held to produce a copy of the
whole case, at the Court appealed to ; and both
parties shall be allowed to offer any evidence at
the trial at the Common Pleas, in the same manner
as if the cause had been originally commenced
there. And the Court of Common Pleas shall,
whenever any appellant thereto shall fail to prose-
cute his appeal, or if he shall neglect to produce a
copy of the case, affirm the former judgment upon
Damages may be tlic appellee's complaiut, and award such additional
awarded. damages and costs as have arisen in consequence
Defendant to re-
cognize.
LANDLORDS AND TENANTS. Feb. 15, 1826. IT;.?
of the said appeal ; and execution shall issue ac-
cordingly.
Sec. 3. Be it further enacted^ That when in any
action brought upon this statute, the defendant
shall plead the general issue, he shall not be allow-
ed to oiier any evidence that may bring the title
to the freehold of the demanded premises in ques-
tion. And when the defendant, in any such action,
shall plead the title of himself, or any other person,
to the freehold of such demanded premises in justi-
fication, the Court shall thereon order the defend-
ant to recognize to the adverse party in a reasona-
ble sum, with sufficient surety or sureties, to enter
the said action at the next Court of Common Pleas,
to be holden within the same county, and to pro-
secute the same with effect, and to pay all rent due
and in arrears, and all intervening rent, damages
and costs i an^ if the defendant shall refuse so to
recognize, the Justice shall render judgment a-
gainst him in the same manner as if he had refu-
sed to make answer to the suit : And either party
in such case, shall be allowed to appeal from the
judgment of the Court of Common Pleas, in the
same manner as if the suit had been originally
commenced there ; Provided, that when the de-
fendant so pleads and recognizes, and the Justice,
or Justices of the Court of Common Pleas, or of
the Supreme Judicial Court, holding the Court to
which the case is removed or appealed, shall,
either upon default of the defendant to enter his
case therein, or upon trial of the same, certify, that
in his or their opinion, such plea was frivolous, and
pleaded for the purpose of delay, then the com-
plainant shall have judgment for treble damages
and costs.
Sec. 4. Be it further enacted, That from and
after the first day of July' next, all leases at will
and tenancies at sufferance, of any lands or tene-
ments within this Commonwealth, mav be termina-
ted by either party, after giving to the other par-
ty three months notice ; and where the rent for
Proviso.
154
LANDLORDS AND TENANTS. Feb, 15, 1826,
proviso.
Nay maintain
action.
such lands and tenements is due and payable more
frequent!}^ than quarterly, the notice shall be suffi-
cient if it be equal to the interval between the
times of payments thereof : Provided nevertheless,
that in all cases of neglect, or refusal, to pay the
rent due and in arrear, fourteen days notice to the
tenant or occupant shall be sufficient ; Jlnd provided
further^ that nothing in this act contained, shall
prevent landlords from pursuing their rights and
remedies, by the common and statute law as now
existing in this Commonwealth.
Sec. 5. Be it further enacted, That where the
lessors or grantors of any estate of freehold or
term of years, or their executors, administrators, or
assigns, shall be entitled to recover any annual
rent, against the lessees or grantees of any such
freehold or term of years, their executors, adminis-
trators, heirs, grantees, or assigns, by virtue of any
reservation, in an}^ deed or lease, or other contract
(whether such deed, or lease, or contract, contain
a clause of distress or re-entry for nonpayment of
such rent or not) may have and maintain an action
of indebitatus assumpsit therefor, upon an account
annexed, in which shall be summarily set forth the
date of the deed, lease or other contract, and the
premises out of which, or for which, and also at
what time, such rent became due and payable.
And such action may in all cases be brought and
tried in the same Court, in which any other action
of assumpsit might be brought for the like sum.
And the defendant in any such action may give in
evidence, under the general issue, ^ny payment or
other matter of defence, showing that the sum de-
manded, or any part thereof, is not due ; and may
also set off against the said rent, any demand which
he may have against the plaintiff, in the same man-
ner as in any other action of assumpsit.
[Approved by the Governor, February 15, 1826.]
PROP. OF BUTLER'S ROW. Feb. IG, 1826. 155
CHAP. XC.
An Act authorizing Senators and Representatives
to administer Oaths and Affirmations in certain
cases.
Jl>E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That members of
the Senate and the House of Representatives, while
actini:^ as Chairmen ol Committees of the Legisla- senators and Rep
ture, be, and hereby are authorized to administer mCrster'oaths.*''
Oaths and Affirmations to such witnesses as shall
be examined before the Committees to which they
belong.
[Approved by the Governor, February 15, 1826.]
CHAP. XCI.
An Act to incorporate the Proprietors of Butlers
Row, in the City of Boston.
Sec. 1. JjE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That John P. Thorn-
dike, David Greenough, and others, their associates, pe^ons
successors and assigns, be, and they hereby are
constituted a body politic and corporate, by the
name of the Proprietors of Butler's Row ; and the
said Corporation, by the same name, are hereby
declared and made capable in law, to sue and be
sued, plead and be impleaded, to have a common
seal, and the same to alter and renew, at pleasure, ^^y
to make rules and by-laws for the regulation and
management of the estate hereinafter described,
iucurpu-
rated.
have Ik stilt
156
PROP. OF BUTLER'S ROW. Feb. 16, 1826.
Proviso.
consistent with the laws of this Commonwealth ;
and generally, to do and execute whatever by laws
do, or may appertain to bodies politic and corpo-
rate, within the meaning and intent of this act.
Sec. 2. Be it further enacted^ That the Cor-
poration be, and the same hereby is declared and
made capable in law, to have, hold and possess, by
fee simple, lease hold, or otherwise, all that certain
esutel'"^'^ *"*"'"" i"G3l1 estate, situate in said Boston, bounded as fol-
lows : Westerly on Merchants row, ninety feet ;
Northerly, on a new street, forty feet wide, there
measuring two hundred and eighty eight feet ; East-
erly, on land of the proprietors of Long Wharf, forty
five feet; Southerly, on a twelve feet passage-
way and land of the heirs of Tuttle Hubbard, two
hundred and eighty feet more or less ; together
with all the rights, privileges and appurtenances
thereof: Provided, the lawful proprietors thereof
shall legall}' convey the same to said Corporation ;
and the said Corporation shall have power to sell,
grant and alien in fee simple, or otherwise convey,
their corporate property, or any part thereof, with-
in said described limits ; and to lease and ma-
nage, and improve, build, rebuild, pull down, or alter
the same, according to their will and pleasure, by
such forms of conveyances and contract as shall
by their laws be provided, in conformity to the laws
of this Commonwealth.
Sec. 3. Be it further enacted, That said propri-
etors, at any legal meeting, may agree upon the
number of shares into which said estate shall be
divided, and agree upon the forms of certificates to
be given to the proprietors, which shares shall be
deemed and considered as personal estate, and
shall be transferable by assignment on the back
of the certificate, recorded by the Clerk of the
Corporation, in a book to be kept for that purpose ;
and shall be liable to attachment on mesne process,
and sale on execution, in the manner, and according
to the form of the statutes making provision for the
Share to be con-
sidered aspcrson
al estate.
PROP. OF BUTLER'S ROW. Feb. 16, 1826. 157
attachment of sales of shares of debtors in corpo-
rate companies.
Sec. 4. Be it further enacted^ That the real es- E^t^t^^^ybe
tate and other property of said Corporation, shall be auadwi.
liable to be attached on mesne process, and be set
off and sold on execution, against the Corporation, in
the same manner as the property or estate of in-
dividuals, is by law subject to mesne or final pro-
cess, and the said Corporation shall possess the
right in equity of redeeming the same, appertaining
(by the laws of this Commonwealth) to other real
estate.
Sec. 5. Be it further enacted^ That the said Cor-
poration shall have power, from time to time, to
assess such sums of money, as, at a legal meeting,
held and notined for that purpose, may be deemed
necessary, for building, or rebuilding, repairing, or
altering any buildings whatever, on the land with-
in said described limits, or for the improvement or
management of the corporate estate, agreeably to
the true intent of this act ; and in case any pro-
prietor shall neglect or refuse to pay any assess- shares may u
ment so laid, the said Corporation may cause such
of the shares of such proprietors, as may be suffi-
cient therefor, to be sold at public auction, after
ten days notice, in a public newspaper, printed in
Boston, to the highest bidder ; and, after deducting
the amount assessed and unpaid, together with the
charges of sales and advertisement, the surplus (if
any) shall be paid over to such proprietor ; and the
purchaser of such share or shares, shall be entitled
to receive a certificate of the share or shares by him
purchased accordingly.
Sec 6. Be it jurther enacted^ That in all meet-
ings of the members of said Corporation, for the
transaction of business, each member or proprietor
shall be entitled to one vote for every share, by him
held in said Corporation : Provided alioays, that
no one member shall ever be entitled to more '''°"'''
votes than shall be equal to one third in value of
the corporate property. Proprietors may appear
and act at any meeting, by proxies in writing.
spoii«ibility.
158 PROP. OF BUTLER'S ROW. Feb. 16, 1826,
Sec. 7. Be it further enacted. That either of the
persons named in the first section oi" this act, may
aray call meet- *^'^^^ ^^^^ ^^^^ meeting of Said Corporation, by ad-
'"^- vertisement in any newspaper printed in Boston,
three times, the first not to be less than six days
before the time appointed for such meeting; and
the Corj^.oration, at their first meeting, and after-
wards, annually, on such days as shall be establish-
ed by the by-laws, may choose a President, Clerk,
and such other Directors or officers, as they may
see fit, for conducting their corporate affairs and
estate ; the Clerk to be sworn before entering on
the duties of his office.
Sec. 8. Be it further enacted, That all cove-
nants, contracts and debts, which shall be made bv
said Corporation, shall be binding on each one and
rnaividuai r«- all thoso porsous who shall be stockholders in said
Corporation, when such covenants or contracts res-
pectively are made, and their respective heirs, ex-
ecutors and administrators, in the same manner as
if such covenants or contracts had been made by
such stockholder or stockholders, in his or their in-
dividual capacity ; and whenever any proprietor
or stockholder shall pay any sum of money for the
covenants, contracts, or debts of said Corporation,
said proprietor or stockholder, shall have the right
to recover from each proprietor or stockholder, their
proportion of the money by him paid, according to
the shares held by them respectively.
Sec. 9. Be it further enacted, That this act shall
continue in force twenty years from the passing
thereof, after the expiration of which term, the same
may be repealed at the pleasure of the Legislature :
Provided, that in case of said repeal, the lands and
tenements of said Corporation, shall be vested in
the share holders, at the time of such repeal, and
their heirs, as tenants in common, in proportion to
their respective interest in the premises.
[Approved by the Governor, February 16, 1826.)
Proviso.
SALEM SO. FOR IN. OF POOR. Feb. 22, 1826. 159
CHAP. XCII.
An Act regulating Appeals in certain cases.
jBe it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, Th&i whenever the
plaintitf, in any civil action, shall hereafter appeal
from a judgment of a Justice's Court, rendered in
his favor, and siiall not recover a greater sum at ^n^ount ofcost to
the court appealed to, he shall be allowed one- terecov.red.
quarter part as much cost as damage, and no
more.
[Approved by the Governof, February 22, 1826.]
rated.
CHAP. xcin.
An Act to incorporate the Salem Society for the
Moral and Religious instruction of the Poor, in
the town of Salem, in the county of Essex.
Sec. 1. JjE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That Asahel Hunt- Persons incorpo
ington, Esq. Doctor Joseph Torrey, Ezekiel Sa- '" "'
vage, Theodore Fames, and Joseph Howard,
Esq's, all of Salem, in the county of Essex, with
those who may be associated with them, and their
successors, be, and hereafter are, incorporated and
made a body politic, by the name of The Salem
Society, for the Moral and Religious instruction of
the Poor, for the purpose of furnishing means of
useful knowledge and moral improvement to the
poor and ignorant in said town of Salem, who may
be otherwise destitute of such instruction, and
20
•0
SALEM SO. FOR IN. OF POOR. Feb. 22, 1826,
MiiT itiave ssal.
May l,o!f
Elcct officers.
also for establishing and patronizing Sabbath and
other schools, for the promotion of religion and
virtue in the rising generation ; and the society
aforesaid may have a common seal, and may pur-
chase and receive, by gift, devise, or otherwise,
Jjinds, tenements, and real estate of any kind, and
the same to hold in fee simple or otherwise, and al-
so subscriptions, donations, and bequests of money
or other personal estate, the annual income of
Tvhich shall not exceed two thousand dollars.
Sec. 2. Be it further enacted. That the said so-
ciety may annually elect by ballot, by a majority
of the rnemijers present, a President, Vice Presi-
dent, Treasurer and Secretary, and such number
of Trustees as they may think proper, so that
there be not less than five, and such other officers
as may be found needful ; and may, at their first
meeting, under this act of incorporation, by a vote
of the majority of the members present at such
meeting, make and adopt such constitution or sys-
tem of rules and by-laws, as they ma}^ think pro-
per, not repugnant to the constitution and laws of
this Commonwealth, for the conducting and exe-
cuting the business of said society, and for the
more effectually securing the objects of their in-
stitution ; which constitution shall not be altered,
but in the manner therein provided.
Sec. 3. Be it fi^rther enacted, That the socie-
ty aforesaid shall, at all times, have power to sue,
and may be sued, and may defend, and shall be
held to answer by the name and title aforesaid.
Sec. 4. Be it further enacted. That it shall be the
duty of the Treasurer, at every annual meeting
for the choice of officers for this society, to ex-
m^'f^e a"'ltemcnt hibit an accouut of the state of the funds, which
account shall be previously examined and certi-
fied by a committee of the Directors, appointed
by the board for that purpose.
Sec. 5. Be it further enacted, That Ezekiel
Savage, Esq. be, and he is hereby authorized
to call the first meeting of said Society in their
May make by-
laws, &c.
May sue and be
sued, &c.
Trea?'irfiv to
First meeting.
CEN. SCHOOL DIS. IN WORC Feb. 22, 1820. 161
corporate capacity, by publishing a notification in
one of the newspapers printed in Salem, ten days
before the time therein appointed.
[AjfjproveJ by the Governor, February 22, 1826.]
CHAP. XCIV.
An Act in addition to an act, entitled " An Act em-
powering the Centre School District, in the town
of Worcester, to raise money."
Sec. 1. JoE iY enacted by the Senate and House
of Repj'esentatives in General Court assembled, and
by the authority of the same, That the inhabitants JSu" „_.
of said Cei]tre School District, in the town of Wor- TngrBimu "eTcM.
cester, are hereby authorized and empowe red to
determine, at any legal meeting, in what manner
future meetings of said inhabitants shall be warned.
Sec,. 2 Be it further enacted, That Samuel M. foTaraSi'^
Burnside, William Eaton and John W. Lincoln, or
eitlier two of them, be, and they hereby are, au-
thorized to warn the next meeting of the inhabi-
tants of said school district, by posting up, at each
of the four public meeting houses within sa,id town
of Worcester, a notification, expressing therein the
time, place, and purpose of the meeting, fourteen
days, at least, before the time appointed for hold-
ing the same.
habitants of the
t'er-
[Approved by the Governor, February 22, 1826.]
162
LYNN PRINT. COMPANY. Feb. 22, 1826.
Persons incorpc-
rRted.
CHAP. XCV.
An Act to incorporate the Lynn Printing Company.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That Jeremiah Fitch,
William Tileston and John Hall, their associates,
successors and assigns, be, and they hereby are,
made a corporation and body politic, by the name
of the Lynn Printing Company, for the purpose of
printing, dying, and bleaching, cotton, woolen, silk
and other fabricks, in Lynn, in the County of Es-
sex, and for this purpose, that they shall have all
the powers and privileges, and be subject to all
the duties and requirements contained in the act,
passed on the third day of March, in the year of our
Lord one thousand eight hundred and nine, " en-
titled an act defining the general powers and du-
ties of manufacturing Corporations," and the se-
veral acts in addition thereto.
Sec. 2. Be it further enacted, that the said Cor-
May possess real poratiou may purchase, become lawfully seized and
and personal es- l c lxi.^j.1 ^r'lx
tate possessed ot real estate, to the amount oi eighty
thousand dollars, and personal estate, to the amount
of one hundred and fifty thousand dollars, and hold
and manage such real and personal estate, as they
shall find necessary and convenient for carrying
on their business, not exceeding the value of two
hundred and thirty thousand dollars.
Sec. 3. Be it further enacted, That any one of
Krnr^ the persons mentioned in this act, be, and he is
hereby authorized to appoint the time and place for
holding the first meeting of the Corporation for the
organization of the same, and other ]»urposes, and
to notify the other persons mentioned in this act,
and their associates, either personally or otherwise,
at least ten days before said meeting.
[Approved by the Governor, February 22, 1826.]
One
call
NKWTON THEOL. INSTIT. Feb. 22, 182G. 163
CHAP. XCVI.
An Act to incorporate the Newton Tlieological In-
stitution.
Sec. 1. Be it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same, That there
be, and hereby is, established, in the town of New-
ton, and in the county of Middlesex, an institution for
the purpose of educating pious 3'oung men, for the
Gospel Ministry, in such manner as the Trustees,
for the time being, shall direct ; and that Joseph Persons incorpo-
Grafton, Lucius Bolles, Daniel Sharp, Jonathan '*'"
Going, Bela Jacob , Ebenezer Nelson, Francis
Wayland, jun. Henry Jackson, Ensign Lincoln, Jo-
nathan Bacheller, and Nathaniel R. Cobb, be nomi-
nated and appointed Trustees ; and they are, here-
by, incorporated into a body politic, by the name of
The Trustees of the Newton Theological Institu-
tion ; and they, and their successors, shall be, and
continue, a body politic, by that name, forever.
Sec. 2. Be it further enacted, That all lands,
monies, or other property, heretofore given or sub-
scribed, for the purpose of erecting or establishing
an institution as aforesaid, or which shall hereafter
be given, granted, or assigned, to the said trustees,
shall be confirmed to the said trustees, and to their ^^JjJ^"','^/,*^}^^'^
successors, in that trust, forever, for the uses which,
in such instrument, shall be expressed ; and the
said trustees shall be capable of having, holding,
and taking, in fee simple, by gift, grant, devise, or
otherwise, any lands, tenements, and other estate,
real or personal : Provided, the annual income of Proruo.
the same shall not exceed the sum of tvventy thou-
sand dollars, and shall apply the profits thereof, so
as most effectually to promote the designs of the
institution.
164 NEWTON THEOL. INSTIT. Feb. 22, 1826.
Sec. 3. Be it further enacted. That the said
trustees, for the time being, shall be the governors
oSr '°*^''^ of saitl institution, shall have full power, from time
to time, to elect such officers thereof, as they shall
judge necessary and convenient, and fix the tenure
of their respective offices, to remove from office
any trustee, when, from age or otherwise, he shall
become incapable of discharging 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 Trustees, to determine the time and
places for holding their meetings, the manner of
notifying the trustees, the nethod jf electing mem-
bers of the Board, to elect Instructors, and pre-
scribe their duties, to make all such rules and re-
gulations, as they may, from time to time, consider
expedient for the management of the institution :
I'rovigo Provided, the same be not repugnant to the laws of
this Commonwealth.
Sec. 4. Be it further enacted, That the trustees
of said institution may have a common seal, which
May have geai. ^j^^y ^^^y change at pleasure ; and all deeds, sealed
vi^ith said seal, and delivered and acknowledged by
the Treasurer of said trustees, by their order, shall
be good and valid in law ; and said trustees may
sue and be sued, in all actions, and prosecute and
defend the same, to final judgment and execution,
by the name of The Trustees of Newton Theolo-
sjical Institution.
Sec. 5. Be it further enacted, That the number
of said trustees shall never exceed twenty-five, nor
be less than nine ; and one third of the existing
number of trustees shall be necessary to consti-
tute a quorum for doing business ; but a less num-
ber may, from time to .time, adjourn until a quorum
can be constituted.
Sec 6. Be it further enacted, That Lucius Bolles
and Daniel Sharp, be, and they are, hereby, au-
thorized and empowered to fix the time and place
ASSIST. ASSES'RS CHARLES. Feb. 22, 1826. 165
for holding the fir?;! meeting of the trustees, and to
notify them tliereof, by serving each of tbem with
]>ersonal notice, six days belore the time appointed Fi^t meeting.
for the first meeting.
[Approved by the Governor, February 22, 1826.J
CHAP. xcvn.
An Act to empower the Inhabitants of the town of
Charlestown to choose Assistant Assessors.
Sec. 1. JlJE z7 enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority oj the same. That the inhabitants
of the town of Charlestown may, at their an-
nual meetins for the choice of town officers, or at Assistant Asses
, '^. nip 1 ^• • 1 sors to be chosen
any other meeting called tor the purpose, divide
said town into any number of wards, not exceeding
six, and elect, annually, by ballot, from each of the
said wards, one or more suitable persons to assist the
Assessors in taking a list of the rateable polls, in
estimating the value of the personal property, and
appraising the value of all real estates in said
town.
Sec 2. Be it further enacted^ That said inhabi-
tants may, at any time previous to choosing said
assistant assessors, vote that they shall be chosen
for that year, in distinct wards, in which case the
town shall determine the number to be chosen
from each ward, and the inhabitants of the said
wards shall be separately assembled within twenty
days afterwards, and within the limits of their re-
spective wards, as follows, viz. — The Town-Clerk Tow„cierktoi,
shall issue a warrant for each ward, directed to one «»«^*"«"'^-
of the Constables of the said town, requirins him
to notify and warn all the inhabitants of that' ward.
filled
166 WAREHAM COTT. MILL CO. Feb. 22, 1826.
qualified to vote in town affairs, to assemble at the
time and place therein specified, to choose a Mode-
rator and Clerk, and such number of persons, by
ballot, for assistant assessors, as the inhabitants of
said town shall have agreed upon. And the seve-
ral ward Clerks shall be duly qualified for the dis-
charge of their duties, and shall, within two days
after such meeting, make return to the Town
Clerk, in writing, of the names of the persons so
chosen ; and they shall thereupon be notified of
their election, and be qualified in the same manner
Vacancies to be as othcr town officcrs. And in case a vacancy,
«lIoH 111 1
from any cause, shall occur among the persons
cho^icn by either of the modes herein prescribed,
the inhabitants of the ward where such vacancy
shall exist, shall be assembled in manner aforesaid,
for the purpose of filling the same.
[Approved by the Governor, February 22, 1826.]
CHAP. XCVIII.
An Act to establish the Wareham Cotton Mill
Company.
Sec. 1. XjE it enacted by the Setiate mid House
of Representatives in General Court assembled, and
by the authority of the same, That Lysander Make-
peace, Alvan Makepeace, and Benjamin Lincoln,
rated. ' 2d, aud such other persons as now are, or may
hereafter be associated with them, their successors
and assigns, be, and they hereby are made a cor-
poration, by the name of the Wareham Cotton
Mill Company, for the purpose of manwfacturing
cotton in the town of Wareham, in the county of
Plymouth ; and for this purpose shall have all the
powers and privileges, and be subject to all the du-
Perions incorpo-
130ST. & SAND. GL. MAN CO. Feb, 22, 1826. 167
lies and requirements contained in an act, passed
on the third day of March, in the year of our Lord
one tiiousand eight hundred and nine, entitled "an
act, defining the general powers and duties of
Manufacturing Corporations, and the several acts
in addition thereto."
Sec. 2. Be it further enacted, That said Corpora-
tion may be lawfully seized and possessed of such
real estate, not exceedinc; the value of thirty thou- ., ,, „ ,
' ^ J Alay hold real
sand dollars, and such personal estate not exceed- f^"'' po'^onai eg
ing forty thousand dollars, as may be necessarj^
and convenient for carrying on the manufactory of
cotton.
[Approved by the Governor, February 22, 1826.]
CHAP. XCIX.
An Act to incorporate the Boston and Sandwich
Glass Manufacturing Company.
Sec. 1. JdE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That Deming Jarvis, Pew""' '""^ofpo-
Henry Rice, Andrew T. Hall, and Edmund Mun-
roe, and such persons as may become associated
with them, and their successors and assigns, be,
and they hereby are, made a Corporation by the
name of The Boston and Sandwich Glass Compa-
ny, for the purpose of manufacturing glass in the
city of Boston, and the town of Sandwich, in the
county of Barnstable ; and for that purpose shall
have all the powers and privileges, and shall be
subject to all the duties, requirements, and disa-
bilities, prescribed and contained in an act, passed
the third day of March, one thousand eight hun-
dred and nine, entitled " an act defining the gene-
21
1
168 KNOWLES' EST. IN CHARLS. Feb. 22, 1826.
ral powers and duties of Manufacturing Corpora*
tions," and the several acts in addition thereto.
Sec. 2 Be it further enacted^ That the said Cor-
poration, in their corporate capacity, shall, and may
May hold real lawfullj hold and possess such real estate, not ex-
^n^^peraona es- (jgg^jjjj^ ^^^ huudrcd thousaud dollars, and per-
sonal estate, not exceeding two hundred thousaiyd
dollars, as may be necessary and convenient for
carrying on the manufacture of glass in the places
aforesaid.
[Approved by the Governor, February 22, 1826.]
CHAP. C.
An Act to authorize Seth Knowles to dispose of
certain real estate in Charlestown, and to invest
the proceeds thereof in other real estate.
x5E it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same^ That Seth Knowles
of Charlestown, in the county of Middlesex, mer-
chant, as he is guardian of his minor children here-
inafter named, be, and he hereby is, duly autho-
M.y son estate. XYL^A and cmpowcrcd, to sell and dispose of all, or
any part of the real estate, situate in said Charles-
town, and devised to his minor children, Joseph
Knowles, Sarah Knowles, and Caroline Knowles,
in and by the last will and testament of their late
grandfather, Matthew Bridge, of said Charlestown^
deceased; and the said Seth Knowles is hereby
authorized and empowered, to make, execute, and
acknowledge, any deed or deeds, necessary and
proper, to convey to any person or persons, all the
right, title, and interest of said minor children, in
and to said real estate, or any part thereof. And
DIGHTON & WELLINGTON. Feb. 22, 1826. 169
the said Seth Knowles is hereby further authorized
and empowered, with the proceeds of such sale
or sales, to purchase, in the names and for the use
of his said minor children, and their respective
heirs and assii^ns, any other real estate, situate in
said Charlestown, or in the city of Boston : Pro- „
111 1 /• I Proviso.
vided, that the said Setli Knowles shall, before he
shall make any such sale, give bond, with sufficient
sureties, to the Judge of Probate for the county of
Middlesex, that he will faithfully, and at his best
discretion, cause the said real estate, so devised to
his said children, to be sold to the best profit and
advantage ; and will well and truly invest, or cause
to be invested, the proceeds thereof, in such other
real estate as aforesaid, as shall be most for the
advantage of said minors ; and that he will, so long
as he shall continue to be the guardian of his said
minor children, well and faithfully manage the said
real estate so purchased for said minors, and, on
•oath, account with the said Judge of Probate, for
the rents and profits thereof, whenever, and as of-
ten as he shall be thereunto required by the said
Judge of Probate : And provided, also, that fio Proviso.
such purchase shall be made by said Knowles, but
with the approbation, and by the order of the
said Judge of Probate, which order he is hereby
empowered to make-
[Approved by the Governor, February 22, 1826.]
CHAP. CL
An Act to unite the towns of Dighton and Welliog"
ton, in the county of Bristol.
XjE it enacted by the Senate and House
of Representatives in General Court assembled, and
170 ROXBURY COL. & CHYM. CO. Feb. 22, 1826,
by the authority of the same, That from and after
tlie last day of February, in the year of our Lord
one thousand eight hundred and twenty-six, the
Towns united, towus of Dightou aud Wellington, in the county of
Bristol, shall constitute one town, by the name of
Dighton, with the same boundaries the town of
Dighton had, prior to the act incorporating the
town of Wellington, passed June the ninth, in the
year of our Lord one thousand eight hundred and
fourteen, with all the corporate privileges of other
Proviso towns in this Commonwealth : Provided., never-
theless, that the said town of Dighton shall be en-
titled to all debts due to, and shall be liable to all
debts due from, the said town of Wellington on
said last day of February, that the said town of
Dighton shall accept of said union, agreeably to
the p'^ovisions of this act, in a legal town-meeting
to be held previous to the first day of March next,
and that the towns of Dighton and Wellington
shall be and remain distinct corporations, for one
year from the passing of this act, for the purpose
of adjusting their corporate concerns, and for no
Other purpose.
[Approved by the Governor, February 22, 1826.]
CHAP. CII.
An Act to incorprrate the Roxbury Colour and
Chymical Manufactory.
Sec. 1. JjE it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of the same. That Joseph R.
Newell, John Baker, John Bacon, their associates
and successors, be, and they hereby are, incorpo-
rated, and made a body politic, by the name of
IIOXBURY COL. & CHYM. CO. Feb. 22, 182U. 17 1
The Roxbury Colour and Chymical Manufactory,
for the purpose of manufacturing, in the town of
Roxbury, in the C'ounty of Norfolk, Colours, Acids,
and Chymicals generally, with power to have and
to use a common seal, to sue and be sued, to ordain
and make, from time to time, by-laws, and rules for May imve a seal,
the government and management of the corpora-
tion : Provided, the same be not repusrnant to the „ .
11 r> 1 • r-1 II J Proviso.
constitution and laws oi this Commonwealth ; and
that they have all the privileges usually given by
acts of incorporation for manufacturing purpos-
es, subject to the rules, regulations, and penal-
ties of the act, entitled " An Act defining the pow-
ers and privileges of Manufacturing Companies,"
passed 3Iarch ^lird, one thousand eight hundred
and nine, and all other acts supplementary thereto.
Sec. 2. Be it further enacted^ That the said Cor- Mayhowreai
poration may take, by purchase, grant, or other- "''*''*
wise, and hold, real estate, not exceeding the value
of twenty thousand dollars, and personal estate, not
exceeding the value of fifty thousand dollars, for
the prosecution of their business.
Sec. 3. Be it further enacted. That Joseph R.
Newell, be, and he hereby is, authorized, to call the
first meeting of said Corporation, by advertisement
in one of the newspapers printed in Boston, he giv-
ing ten days notice of such meeting, and appoint
the time and place thereof; at which meeting by-
laws may be passed, and the mode of calling other
meetings regulated.
Sec. 4. Be it further enacted, That nothing in this
act shall preclude or affect the legal remedy against
said Corporators, for any nuisance to the public, ^^t ^ayb«revis-
or to private individuals, and that this act may be a- ^'^•*''
mended, revised, or terminated, at the pleasure of
the Legislature.
[Approved by the Governor, February 22, 1826.]
First meeting
172 SEC. CONG. SO. IN NORTH. Feb. 28, 1826.
CHAP. CHI.
An Act, in addition to an Act, entitled " An Act in
addition to the several Acts regulating the In-
spection of Beef and Pork intended to be export-
ed from this Commonwealth."
%
JlJE 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, all salted Beef and Pork,
imported into this State, which has been duly in-
spected in the State in which said Beef and Pork
was packed, shall not be subject to a re-inspection
in this Commonwealth, any law to the contrary not-
withstanding.
[Approved by the Governor, February 28, 1 826.]
CHAP. CIV.
An Act to incorporate the Second Congregational
Society in Northampton.
Sec, 1. Be it enacted by the Senate and House
of Representatives, in General Court assembled, and
Person, in.orpo- ^^ ^^^ authority oj thc sttmc, That Samuel Hinckley,
Joseph Lyman, Ebenezer Hunt, Samuel Howe,
George Bancroft, James Shepherd, Christopher
Clark, and Nathaniel Fowle, and their associates,
now constituting the unincorporated Congregation-
al Society in Northampton, with their families, polls,
and estates, be, and they hereby are, incorporated
into a religious Society, by the name of the Second
Congregational Society in Northampton, with all
the powers, privileges and immunities of parishes.
SEC. CONG. SO. IN NORTH. Feb. 28, 1826. 173
And may purchase, receive, and hold real and per-
sonal estate, to an amount not exceeding thirty thou-
sand dollars, and may ordain and establish such by- B4ay,,„idroaiand
laws and regulations for the government of their personal estate.
concerns, as they shall judge expedient : Provided,
the same be not repugnant to the Constitution and
Laws of this Commonwealth.
Sec. 2. Be it further enacted, That every mem-
ber of said Society, who shall have paid the sum of
fifty dollars to the use of said Society, or shall be-
come the proprietor of a pew in the meeting-house
erected therefor, or shall have actually paid the
rent for the current year, of any such pew, shall have
a right to vote at the meetings of said Society.
Sec. 3. Be it further e?iacted, That Samuel Hinck-
ley, Joseph Lyman, Ebenezer Hunt, Samuel Howe,
James Shepherd, George Bancroft, Nathaniel
Fowle, and Christopher Clark, proprietors of the „
., r ' v- r Persons incorpo-
raeetmg-house, recently erected by them, tor the 'aicd.
said Society, be, and they are, hereby, made a cor-
poration, by the name of the Proprietors of the Se-
cond Congregational Meeting-house in Northamp-
ton.
Sec. 4. Be it further enacted, That the said pro-
prietors shall choose one of their number Treasu-
rer of said proprietors, who shall give bond to said
proprietors, with sufficient surety or sureties, to
their acceptance, in the penal sum of fifteen thou-
sand dollars, for his faithful discharge of said trust ;
and whose duty it shall be, under the direction of a
committeemen' said proprietors, to be chosen for that
purpose, to sell, and lease, t!ie pews in said meet-
ing-house, by deed under his hand and seal, and who
shall have the care and custody of all the money. Treasurer to be
/v», I •• 11 • 1 •! • choson.
enects, and securities, belonging to said proprietors,
and of their receipts and disbursements.
Sec. />. Be it further enacted, That the said pro-
prietors shall receive and hold, in trust, all dona-
tions made to said Society, and other funds of the
same, and dispose of the same in such manner as
the said Society shall, from time to time, direct
7jien
First meeting.
174 ABOLISHING WHIPPING. February 28, J826,
Sec. 6. Be it further enacted^ That the said pro-
prietors shall liaye power to fill all vacancies that
May fill vacan ^^^y uHse io thcir iiumbcr, from death, resignation,
or removal from said Society.
Sec. 7. Be it further enacted. That for security
of the purchase money of any pew, or part of a
pew, the said proprietors shall forever have a lien
on the same in the hands of any person or persons
holding or purchasing the same, until the said mo-
ney be paid.
Sec. 8. Be it further enacted^ That Joseph Ly-
man, Esq. be empowered to fix the time and
place for holding the first meeting of said Congre-
gational Society, by notice posted up at said meet-
ing-house ; and to fix the time and place for hold-
ing the first meeting of said proprietors, notifying
each proprietor thereof.
[Approved by the Governor, February 28, 1828.]
CHAP. CV.
An Act for abolishing the punishment of Whipping
within this Commonwealth.
xJE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That no person, con-
victed of any offence, before any court of this Com-
mipping abo monwealth, shall ever be punished by whipping ;
but the court, having jurisdiction of the case, may,
and shall, sentence such convict to a fine, to the
use of the Commonwealth, not exceeding two hun-
dred dollars, or to imprisonment for a term not ex-
ceeding six months, according to the aggravation of
said offence.
[Approved by the Governor, February 28, 1826.^
lisked
C. C. p. IN NANTUCKET, &c. Feb. 28, 1826. 175
CHAP. CVI.
An Act in addition to the several acts for the due
regulation of Weights and Measures.
13 E it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That hereafter the
Directors of the several Banks, which are, or shall
be incorporated in this Commonwealth, shall, once
in five years, in the month of June, at the expense
of said banks, have all the weights, used in their re-
spective banks, compared, proved, and sealed by
the Treasurer, or by some person specially author-
ized, by him, for that purpose, agreeably to the
provisions of an act entitled " An Act for the due
regulation of Weights and Measures," passed the
ninth day of March, one thousand eight hundred
and four.
[Approved by the Governor, February 28, 1 826.]
CHAP. CVH.
An Act for altering the time of holding the Courts
of Common Pleas, in Nantucket and Dukes
County.
Sec. 1. JjE 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 Court of Common Pleas,
which is now, by law, holden at Nantucket, on the
fourth Monday of October, shall be holden, at said
176 BUNKER HILL BANK. Feb, 28, 1826.
Nantucket, on the first Monday of October, an-
nually.
Time of holding ^^^* 2- Be it further enacted^ That the term of
Court.. the Court of Common Pleas, which is now, by law,
holden at Edgiirtown, in, and for, the County of
Dukes County, on the last Monday of October,
annually, shall be holden at said Edgartown, on the
second Monday of October, annually, any law to
the contrary, notwithstanding.
[Approved by the Governor, February 28, 1826.]
CHAP. CVHL
All Act, in addition to an act, entitled " an Act to
incorporate the President, Directors and Com-
pany of the Bunker Hill Bank."
13 E it enacted by the Senate and House
of Representatives^ in General Court assembled^
and by the authority of the same^ That the Presi-
dent, Directors and Company, of the Bunker Hill
Bank, be, and they hereby are, authorized to issue
bills, from said bank, to the amount of their capital
stock, instead of half that amount, as now provided.
[Approved by the Governor, February 28, 1826.]
Tender of moniy
MILLS. Feb. 28, 1826. 177
CHAP. CIX.
An Act relating to the support and regulation of
Mills.
Sec. 1. JcJE it enacted by the Senate and House
of Representatives^ in General Court assembled,
and by the authority of the same, That any person,
who shall, hereafter, by erecting or maintaining a
mill-dam, cause damage to another, by overflowing
his lands, may make tender, and pay money into
Court, in the same manner as is now provided by
law, in cases of contract and of actions thereon.
Sec. 2. Be it further enacted, That the jury, in
assessing the damages occasioned by overflowing
lands, as aforesaid, shall not take into consideration
any damage done more than two years previous to
the commencement of the process under which said
damages are assessed : Provided nevertheless, that ^^°''''°
the provisions of this section shall not apply to any
person who, having already sustained damage by
the overflowing of his lands, as aforesaid, shall
commence his process for obtaining the same,
within two years from the passing of this act.
Sec. 3. Be it further enacted. That the fourth
section of an act relating to the support and regu- Act repealed.
lation of mills, passed the twenty-sixth day of Feb-
ruary, in the year of our Lord, one thousa;*d eight
hundred and twenty-five, be, and the same is, here-
by, repealed.
[Approved by the Governor, February 28, 1826.]
17a TIME OF HOLD. S. J. COURT. Feb. 28, 1826,
CHAP. ex.
An Act to alter the times of holding the Supreme
Judicial Court.
Sec. 1. j3E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the term of
the Supreme Judicial Court, which is now b}^ law to
be holden at Concord, for and within the county of
Middlesex, on the fourth Monday of March annu-
allj', shall hereafter be holden at said Concord, on
the second Tuesday of April, annually ; that the
term of said Court; which is now by law to be
holden at Greenfield, for and within the county of
Franklin, on the first Tuesday of September, an-
nually, shall hereafter be holden at said Green-
field on the second Tuesday of September, an-
nually ; that the term of said Court, which is now
by law to be holden at Northampton, in the coun-
ty of Hampshire, and for the counties of Hamp-
shire, Franklin and Hampden, on the fourth Tues-
day of September, annually, shall hereafter be
holden at said Northampton, in said counties of
Hampshire, Franklin, and Hampden, on the Mon-
day next preceding the fourth Tuesday of Sep-
tember, annually.
Sec. 2. Be it further enacted, That the term of
said Court, which is by law now to be holden at
Cambridge, on the second Tuesday next after the
fourth Tuesday of September, for and within said
county of Middlesex, shall hereafter be holden at
said Cambridge on the third Tuesday next after
the fourth Tuesday of September, annually ; that
the term of said Court, which by law is now to be
liolden at Plymouth, in the counties of Bristol, PI3-
mouth, Barnstable and Dukes County, and Taun-
ton, alternately, on the third Tuesday next after
the fourth Tuesday of September, annually, shall
hereafter be holden at the same places alternately.
TIME OF HOLD. S. J. COURT. Feb. 28, 1826. 170
on the fourth Tuesday next after the fourth Tues- comts.
day of September, annually ; that the term of said
Court, wliich by law is now to be holden at Ded-
ham, for and within the county of Norfolk, on the
fourth Tuesday next after the fourth Tuesday of
September, shall hereafter be holden at said Ded-
ham, on the fifth Tuesday next after tlie fourth
Tuesday of September, annually ; that the term of
said Court, which by law is now to be holden at
Salem, for and within the county of Essex, on the
fifth Tuesday next after the fourth Tuesday of
September, shall hereafter be holden at said Salem,
on the sixth Tuesday next after the fourth Tuesday
of September, annually ; and that the term of said
Court, which by law'now is to be holden at Boston,
for and within the county of Suffolk, on the sixth
Tuesday next after the fourth Tuesday of Septem-
ber, shall hereatter be holden at Boston, for and
within the county of Suffolk, on the seventh Tues-
day next after the fourth Tuesday of September,
annually : Provided, that all actions and processes, Proviso.
of whatever nature, which are now pending in
said Court, which shall not be by law transferred
to the said Court, to be holden at Nantucket,
shall be proceeded upon, and determined at the
term of said Court, herein established in the
same way and manner as though this act had not ,
passed.
Sec. 3. B^ it further enacted, That all other acts
relating to the terms of the Supreme Judicial
Court, which are inconsistent with this act, be, and
the same are hereby repealed ; and that all actions,
.,.,, , r i • ■^"'^^ repealed..
suits, bills, a^id processes oi whatsoever nature, cri-
minal or civil, now pending, or to be commenced in
said Supreme Judicial Court, for either of the
counties aforesaid, shall be returnable to, have day
in, be proceeded upon, and determined at, the
several terms by this act established, any act or
law to the contrary notwithstanding.
[Approved by the Governor, February 28, 1826. J
Seal
180 SCH. FUND COM. BRAINT. Feb. 28, 1826.
CHAP. CXI.
An Act to incorporate the School Fund Committee,
in the town of Braintree.
Sec. 1. JlJE z7 enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Minott
re«o„. incorpo- Thayer, Asa French, Elisha Holbrook, John V. Ar-
nold, Amos Stetson, Samuel Capen and Doctor
Jonathan Wild, be, and they hereby are, incorpo-
rated and made a body politic and corporate, by
the name of The Braintree School Fund Commit-
tee.
Sec. 2. Be it further enacted, That said corpora-
tion may have and use a common seal, and shall be
capable of suing and being sued, in any action,
real, personal or mixed, in any court, having juris-
diction thereof; shall, or may, take and hold, in fee
simple, or otherwise, by gift, grant or devise, any
estate, real, personal or mixed, not exceeding ten
thousand dollars in value, which has or may be
given to the town of Braintree, for the promotion
of learning, or which has or may be raised by the
town for the same purpose, and apply the income
of the same to the purpose, or purposes, to which
it was, or may be, designed ; may make and exe-
cute any by-laws and rules, for the government of
the corporation, and may appoint such officers, and
invest them with such powers, as they may think
expedient, not repugnant to the laws of this Com-
monwealth.
Sec. 3. Be it further enacted, That the said Mi-
nott Thayer, Asa French, Elisha Holbrook, John
V. Arnold, Amos Stetson, Samuel Capen and Doc-
tor Jonathan Wild, shall have power to act, in their
corporate capacity, till the annual meeting of the
town of Braintree, in the month of March, in the
year of our Lord, one thousand eight hundred and
May hold estate.
Mom-
TOWN OF LOWELL. March 1, 1826, 181
twenty-nine, at which time that town may choose,
by ballot, seven other persons, or re-elect all, or
any ot said corporation, who shall continue in office S.**°^
three years, and the same process to be made eve-
ry succeeding three years ; and in case of death,
absence or resignation, the aforesaid corporation
shall have power to fill all vacancies which may
occur.
Sec. 4. Be it further enacted, That Minott Thayer
is hereby authorized to call the first meeting of said _ , ^,.
-. /. , /» 1 • 1 m ^'" meeting
corporation, for the purpose of choosing such otii-
cers as are necessary, by giving each individual
three days notice.
[Approved by the Governor, February 28, t 26.]
CHAP. CXIl.
An Act to incorporate the town of Lowell
Sec. 1. x5E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the north-
easterly part of the town of Chelmsford, in the
County of Middlesex, lying easterly and northerly
of a line drawn as follows, viz : beginning at Mer-
rimack river, at a stone post, about two hundred
rods above the mouth of Patucket Canal, so called,
thence running southerly, in a straight course, until
it strikes the 5liddlesex Canal, at a point ten rods
above the Canal Bridge, near the dwelling-house
of Henry Coburn ; thence southerly, on said canal,
twenty rods, thence a due east course to a stone
post at Concord river, be, and hereby is, incorpora-
ted into a Town, by the name of Lowell, and the
inhabitants of said town of Lowell are hereby in-
vested with all the powers and privileges, and shall
Town divided
182
TOWN OF LOWELL.
March 1, 1826.
Taxes.
Faiipers.
Payment of Re-
presentatives.
also be subject to the duties and requisitions of
other incorporate towns, according to the consti-
tution and laws of this Commonwealth.
Sec. 2. Be it further enacted, That the inhabit-
ants of said town of Lowell shall be holden to pay
all arrears of taxes which have been assessed upon
them by the town of Chelmsford, before the pass-
ing of this act ; and the said town of Lowell shall
be holden to pay two-fifths parts of the balance or
residue of all debts due and owing from said town
of Chelmsford, on the first day of March, one thou-
sand eight hundred and twenty-six, after deducting
therefrom the sum of twenty-seven hundred and
twenty-six dollars ; and after applying to the pay-
ment of said debts all the money belonging to said
town, and all the taxes assessed by said town of
Chelmsford, before the passing of this act.
Sec. 3. Be it further enacted, That the said
towns of Chelmsford and Lowell shall, hereafter,
be liable for the support of all persons who now do,
or hereafter shall, stand in need of relief, as pau-
pers, whose settlement was gained or derived from
a settlement gained or derived within their respect-
ive limits. And in all cases hereafter, wherein the
settlement of a pauper was gained or derived from
a settlement gained or derived, before the passing
of this act, partly within the limits of both of §aid
towns ; or wherein it shall not be proved within
the limits of which of said towns such settlement
was gained, the said towns of Chelmsford and Low-
ell shall bs equally liable for the support of said
pauper.
Sec. 4. Be it further enacted, That until a new
valuation is taken by the Commonwealth, the state
and county taxes, and any reimbursements required
by the Commonwealth, for the payment of the re-
presentative of the present and past years, of said
town of Chelmsford, which may be called for from
said towns of Chelmsford and Lowell, shall be paid
jointly, by said towns, and in the proportion of three-
fifths for said Chelmsford, and two-fifths for said
town of Lowell.
GUNPOWDER IN SALEM. March % 1826. i83
Sec. 5. Be it further enacted, That any Justice
t)f the Peace, in the County of Middlesex, be, and
hereby is, authorized to issue his warrant to any
principal inhabitant of the town of Lowell, requi-
rinjTf hitti to notify and warn the inhabitants of said
town of Lowell to assemble and meet at some con-
venient time and place, in said town, to choose all ^^^1"^^'^°^'
such officers as towns are required to choose, in
the months of March and April, and to do and
transact any other lawful business, relative to the
affairs of said town.
[Approved by the Governor, March ], 1826.]
CHAR CXIIL
An Act regulating the deposit and transportation
of Gunpowder, in the town of Salem.
Sec. 1. rJE if enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That no person, ex-
cept on military duty, in the public service of the
United States, or of this Commonwealjfch, shall keep,
have or possess, in any house, ware-house, shop or cinpowde^f '^
other building, nor in any street, lane, alley, pass-
ageway, yard or cellar, nor in any wagon, cart or
other carriage, nor on any wharf, nor on board of
any ship, or other vessel, within two hundred yards
of any wharf, or of any part of the shore or the
mainland, nor in any place within the town of Sa-
lem, gunpowder, in any quantity exceeding five
pounds, in any way or manner, other than by this
act^ and by the rules and regulations hereinafter
mentioned, may be permitted and allowed.
Sec. 2. Be it further- enacted. That the fire wards
of the town of Salem, be, and they are, hereby,
23
184 GUNPOWDER IN SALEM. March 2, 1826-
authorized to make and establish rules and regula-
tions, from time to time, relative to the times and
May make rules, pj^ces at which guHpowder may be brought to, or
carried from said town, by land or by water, the
times when, and manner in which, the same may be
transported through said town, to direct and regu-
late the kind of carriages, boats, and other vehicles,
in which the same may be so brought to, carried
from, and transported through, said town, to direct
the manner in which gunpowder may be kept by
dealers and other persons, and to direct and require
all such precautions as may appear to them needful
and salutary to guard against danger in the keep-
ing of gunpowder, and in the transportation thereof,
to, from, and through, the town of Salem.
Sec. 3. Be it further enacted. That, all gunpow-
der, which shall be kept, had or possessed, within
the town of Salem, or brought into, or transported
through the said town, contrary to the provisions
of this act, and to the rules and regulations made
as aforesaid, may be seized and taken into custody
by any one or more of the firewards of said town,
and it si jail be the duty of such fireward or fire-
Liabie to eeiiure. wards, withiu twenty days after such seizure, to
file a libel, in the office of the Clerk of the Court
of Common Pleas, for the County of Essex, stating
the case of such seizure, and praying for a decree
of forfeiture ; and the judges of said Court shall
have power to hear and determine the case by a
jury, where there is a claimant, but without a jury,
if upon proclamation, no claimant appear ; and to
decree the forfeiture and disposition of such prop-
erty according to law ; and to decree a sale and
distribution of the proceeds, first deducting all
charges ; and if such libel be not supported, resti-
tution of the property shall be decreed without
costs ; but if a claimant appear and dispute the
forfeiture, and said gunpowder shall be finally de-
creed forfeited, such claimant shall pay all costs
of prosecution, which may have legally arisen
thereon.
Notice to be giv-
S. J. COURT IN NANTUCKET. Mar. 2, 1826. 185
Sec. 4. Be it further enacted, That all gunpowder
so forfeited, shall be forfeited one moiety thereof to
the use of this Commonwealth, and the other
moiety thereof to the use of the town of Salem.
Sec. 5. Be it further enacted, Th?»t it shall and
may be lawful, for any one or more of the firewards
of the town of Salem to enter any building or other
place in said town, in the day time, to search for
gunpowder, which they may have reason to suppose ^'*y '^"'''
to be concealed or kept contrary to the provisions
of this act, or to the rules and regulations made as
aforesaid, having first obtained a search warrant
therefor according to law.
Sec. 6. Be it further enacted, That it shall be
the duty of the firewards of the town of Salem, to
cause all such rules and regulations as they may
make and establish, by virtue of the authority given
by this act, to be piiblishfed in two or more newspa-
pers printed in the town of Salem, and to cause
such publication to be continued two weeks suc-
cessiveh^, for the information and government of all
persons concerned.
[Approved by the Governor, March 2, 1826.]
CHAP. CXIV.
An Act to establish a term of the Supreme Judi-
cial Court, in Nantucket.
Sec 1. Be it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That there shall here-
after be holden at Nantucket, for and within the
county of Nantucket, a term of the Suprcne Ju-
dicial Court, by one or more of the Jusiices of
said Court, on the first Tuesday of July, annually,
186
S. J. COURT IN NANTUCKET. Mar. 2, 1826
Courts to be hold-
en.
OI«tk appointed.
and the Court so holden, shall have cognizance of
all causes, civil and criminal, and of all other mat-
ters and things which by law are cognizable by the
said Court, when holden by one or more Justices
thereof, in any county ; and all writs, processes,
complaints, orders or proceedings, as well as all
warrants, recognizances, and other matters, which
now are, or hereafter may be returnable to the
Supreme Judicial Court, for said county of Nan-
tucket, and all appeals made from the Court of
Common Pleas in Nantucket, shall be returned to,
entered, have day in, be proceeded upon, heard,
and determined by said Court, to be holden as is
herein provided.
Sec. 2. Be it further enacted, That the Clerk of
the Court of Common Pleas, for the said county of
Nantucket,* shall be the Clerk of the Supreme
Judicial Court for said county, subject to removal
from office by the Justices of said Court, who shall
have power to remove and appoint Clerks as in
other counties, and the said Clerk, now in office, or
who shall hereafter be appointed, shall give bonds
to the satisfaction of said Court, as in other cases,
and shall have the custody of the records, files and
papers appertaining to cases in said Supreme Judi-
cial Court, and shall have the same powers and
privileges, and be subject to the same duties, as
other Clerks of the Supreme Judicial Court; and
it shall be the duty of said Clerk to issue venires
to the Constables of said Nantucket, for the sum-
moning of grand and traverse juries to attend such
Court, at each and every term thereof, at the same
times, and in the same manner, as is required by
law, of Clerks in other counties ; and the Consta-
bles of said town of Nantucket, and the Selectmen
thereof, are hereby required to proceed in the ap-
pointment of jurors, both grand and traverse, in
the same manner and under the same penalties as
are prescribed by law for like officers in other
counties in this Commonwealth ; and the jurors
who may be summoned and returned shall be sub-
S. J. COURT IN NANTUCKET. Mar. 2, 1826. 1 87
ject to all the laws which provide for attendance,
regulation, and compensation of jurors in the Su-
preme Judicial Court.
Sec. 3. Be it further enacted. That all suits, ac-
tions, causes, matters and things, arising or hap-
pening in said Nantucket, which by law are or
would be cognizable by the said Supreme Judi-
cial Court, only when holden by three or more of
the Justices thereof, shall continue to be cognizable,
heard and determined, by the said Court when so
holden in J^oston, in the county of Suffolk, in the
same manner as if this act had not passed.
Sec. 4. Be it further enacted. That whenever
any person shall think himself aggrieved by any
order, opinion, or judgment of the Justice of said
Court, who shall preside at any term thereof, the
same proceedings shall be had as is provided by
law for like cases, and in such case the action/ or
cause shall be entered at the next term of the Su-
preme Judicial Court, which shall be holden at
Boston, for the county of Suffolk, and the party
complaining of such order, opinion, or judgment,
shall, within such time as shall be required by the
Justice presiding at the trial, produce and file in
the Clerk's office of the county, all such copies
and papers as shall be ordered by the said Judge ; ^
and the said Court, so holden in Boston, in the
county of Suffolk, shall proceed to hear and deter-
mine such cases, and award judgment and execu-
tion thereon, in the same manner as if said cases or
actions had been tried in the said county of Suf-
folk : Provided, that if a new trial shall be awarded, ^"^oviso
it shall be had in the said county of Nantucket.
Sec 5. Be it further enacted, That in all crimi-
nal trials which shall be had before the Court to
be holden at Nantucket, as by this act is provided,
if the party against whom a verdict may be return-
ed, shall file his exceptions to any opinion, order,
or judgment of the Justice who shall hold said
Court, in any matter of law arising in the course of
the trial, he shall be holden to recognize, at the Recognizance
188
Act repealed.
PONTOSACK WOOL. M. CO. Mar. 2, 1826.
discretion of the said Court, for his personal ap-
pearance at the next terra of the Supreme Judi-
cial Court, which shall be holden at IJoston afore-
said, by three or more of the Justices fuereof; and
said Court, so holden, shall proceed to hear and
determme said questions, and may award sentence
against the party so complaining, or grant a new
trial, as to law and justice shall appertain.
Sec. 6. Be it further enacted, That an act pas-
sed on the eighteenth day of June, in the year of
our Lord one thousand eight hundred ftnd twent}^-
five, entitled an act, in addition to an act, to esta-
blish the terms of the Supreme Judicial Court, and
all other acts and parts of acts inconsistent with
the provisions of this act, be, and the same are
hereby repealed.
[Approved by the Governor, March 2, 1826.]
CHAP. CXV.
Persons incorpo-
rated.
An Act to incorporate the Pontosack Woollen
Manufacturing Company.
Sec. 1. ijEit enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That David
Campbell, jun. Henry Shaw, Thaddeus Clap, and
George Campbell, their associates, successors, and
assigns, be, and they are hereby made a corpora-
tion^ by the name of the Pontosack Woollen Manu-
facturing Company, for the purpose of manufactu-
ring wool and cotton at Pittsfield, in the county of
Berkshire, and, for that purpose, shall have all the
powers and privileges, and be subject to all the
duties and requirements, contained in an act pass-
ed on the third day of March, in the year of our
FIRST BAP; SOC. DANVERS. Mar. 2, 1826. 189
Lord one thousand eight hundred and nine, enti-
tled, " an Art defining the general powers and du-
ties of Manufacturing Corporations," and the seve-
ral acts in addition thereto. ^
Sec. 2. Be if further enacted, That the said
Corporation may be lawfully seized and posses-
sed of such real estate, not exceeding the value of "rJonXtate"'^
eighty thousand dollars, and such personal estate,
not exceeding the value of one hundred and sixty
thousand dollars, as may be necessary and conve-
nient for carrying on the manufacture aforesaid,
and the manufact«jre of machinery.
Sec. 3. Be it further enacted, That David Camp-
bell, jun. be, and he is hereby authorized to ap-
point the time and place for holding the first meet- First meeting,
ing of said Corporation, and to notify them there-
of, either by personal notice, or otherwise, seven
days at least before the time appointed.
[Approved by the Governor, March 2, 1826.]
CHAP. CXVI.
An Act in addition to an act, entitled " An Act to
incorporate the First Baptist Society in Dan-
vers."
Sec 1. JtjE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That the First Bap-
tist Society in Dan vers, shall have full po'ver and Po^^ers granted.
authority, at any meeting, duly called for that pur-
pose, to assess on the pews in their house of reli-
gious worship, all such taxes as may be necessary
or pioper, for the maintenance of public worship,
and all other parochial charges and expenses, ac-
t90 FIRST BAP. SOC. DANVERS. March 2, 1826.
cording to the relative value of the pews in the
same, as shall be agreed on and established by said
society, in such manner as they may think proper,
and the taxes, so assessed, shall be a lien on the
same pews respectively, and in case of the non-
payment of the tax, or taxes, so assessed, for the
space of one year after the same shall have been
assessed, shall be forfeited to the said society, and
may be sold at public auction, by order of the
standing committee of said society, seven days pre-
vious notice being given of such intended sale, by
an advertisement posted at said house ; and the nett
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 to the purchaser of any pew
so sold, a good and valid title, as proprietor
thereof.
Sec. 2. Be it further enacted, That to constitute
a legal voter in the meetings of the society afore-
Right to vote, jaid, and in the management of all the concerns of
the same, the person shall own, at least, one half a
floor pew, or the whole of a pew in the gallery.
Sec. 3. Be it further enacted.. That so much of
the act to which this is in addition, passed February
twelfth, in the year of our Lord, one thousand eight
hundred and nineteen, as is inconsistent with the
provisions of this act, be, and the same is, hereby,
repealed.
[Approved by the Governor, March 2, 1826.]
Act repealed.
LONG WHARF, BOSTON. March 2, 1826. 191
CHAP. CXVII.
An Act in further addition to an act entitled, " An
Act for incorporating the Proprietors of the Bos-
ton Pier, otherwise called the Long Wharf, in
the town of Boston."
Sec. 1. JOE 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 Boston Pier, otherwise called the Long
Wharf, be, and they are, hereby, made capable of
taking and holding, in their corporate capacit}^ the rower enendect
said pier or Long Wharf, and the land under and
adjoining, and all the estate which is now held" by
said proprietors, as tenants in common, and of alien-
ating and disposing of the same, and of purchasing
and holding any of said estate within the limits now
authorized by law, instead thereof; and that the
said corporation shall have power to divide their
estate, stock and property, into such number of
shares, not exceeding two hundred, as the proprie-
tors, by their vote, shall agree and determine on,
and annually to choose a President and five Direct-
ors, who shall hold their offices for one year, and
until others are chosen in their stead, and shall
have such powers, for the transaction of business,
and the management of the affairs of the corpora-
tion, as the proprietors shall see fit to confer on
them, by their votes and by-laws. And the said
corporation, after the proprietors' several interests
shall be transferred to the same, as aforesaid, shall ^
be entitled to, and have, all the powers and privi-
leges secured, or intended to be secured, to the
same, by their act of incorporation, aforesaid, and
the deed of partition therein mentioned, together
24
192 TAUNT. & PROV. TUR. COR. March 3, 1826.
with the several acts in addition thereto, and all the
conveyances heretofore made by, and to, the said
corporation, in its corporate name and capacity, be,
and they are, hereby, confirmed.
[Approved by the Governor, March 2, 1826.]
CHAP. CXVIII.
An Act to incorporate the Taunton and Provi-
dence Turnpike Corporation.
13 E it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That Samuel Crock-
er, Jesse Smith, John West, Francis Baylies, James
omnsincorpo- j^ Hodgcs, D. G. W. Cobb, togcthcr with such
others as have associated or may hereafter associ-
ate with them, their successors and assigns, be,
and they hereby are made a Corporation, by the
name of the Taunton and Providence Turnpike
Corporation, for the purpose of making a Turnpike
Road, from Taunton Green, in Taunton, in the
County of Bristol, in the most convenient and suit-
able direction to Seekonk River, in said County, so
as to connect the said town of Taunton, and the
town of Providence, in the State of Rhode Island,
by the most convenient and practicable route ; and
for this purpose, shall have all the powers and
privileges, and be subject to all the duties, require-
ments and penalties, contained in an act entitled,
" an act defining the general powers and duties of
Turnpike Corporations," and the several acts in
addition thereto.
[Approved by the Governor, March 3, 1826.]
MIN. LANDS IN CO. OF BER. Mar. 3, 1826. 193
CHAP. CXIX.
An Act to authorize the sale of certain Ministerial
Lands in the County of Berkshire, and for appro-
priating the avails thereof for the use of Schools.
Sec. 1. JlJE z7 enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority oj the same, That Snellem Babbit,
Esq. of Savoy, be, and he is hereby empowered to
sell, either by public auction, or at private sale, as SulT^l^ ***
he may judge most for the interest of those con-
cerned, and pass deeds to conve}', all the lands
reserved for the use of the Ministry, in the grant
originally made to William Bullock, Esq. and his
associates, situate in the County of Berkshire, and
the avails of the said sales shall be paid over and
appropriated as is herein after provided. And
whereas a part of said grant has been incorporated
into the town of Savoy,a part thereof into the town of
Clarksburgh, a part thereof into the town of Flori-
da, and a part thereof into the town of Monroe.
Sec. 2. Be it further enacted, That the monies
arising from said sale, shall be divided between the f^^^H *<» '"'
said towns of Savoy, Clarksburgh, Florida and
Monroe, in proportion to the quantity of land in
said original grant, included in said Savoy, Clarks-
burgh, Florida and Monroe, the said division to be
made under the direction of the Judge of Probate,
for the County of Berkshire, upon the principles
before mentioned.
Sec. 3. Be it further enacted, That the said
Snellem Babbit shall, previously to his making sale
of the said ministerial lands, give bond to the Judge
of Probate, for said (-ounty of Berkshire, in a rea-
sonable sum with sufficient surety, for the faitl.ful
performance of his duty therein, and for the faith-
ful application and appropriation of the monies
which may come into his hands from the avails of
said lands, according to the provisions of this act.
194 PROM. MANUFACTURES, &c. March 3, 1826.
Sec. 4. Be it further enacted, That the said
Snellem Babbit shall, as soon as may be, after the
sale of the said lands, pay over the proceeds there-
of to the respective town Treasurers of the towns
of Savoy, Clarksburgh, Florida and Monroe, in pro-
portion to the sums that shall be coming to the said
towns respectively, according to the provisions of
this act.
Sec. 5= Be it further enacted. That the monies
arising from the sale of the said ministerial lands
shall be put out at interest, as soon as may be, and
JtTntUst''^ ''"^ secured, either by mortgage on real estate, or by
two sufficient sureties, and the interest and profits
only of said funds shall ever be appropriated to
the use of schools ; and it shall never be in the
power of either of the said towns to alienate, or
vary the appropriation of the said funds, or to ap-
ply them to any other object than the use of
schools.
[Approved by the Governor, March 3, 1826.]
CHAP. CXX.
An Act to incorporate the New England Society
for the promotion of Manufactures and the Me-
chanic Arts.
Sec. 1. xJE 27 enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That Patrick T.
Jackson, Jesse Putnam, John Doggett, and Henry
A. S. Dearborn, and their associates, shall be, and
they hereby are, constituted a body politic and cor-
porate, under the name of The New England Soci-
ety for the promotion of Manufactures and the
Mechanic Arts; and by that name may sue and be
Fevsons inoorpo-
tatod.
PROM. MANUFACTURES, &c. March 3, 1826. lOfj
sued, and may have and use a common seal, and
alter and renew the same at pleasure; and the
said corporation shall enjoy all the rights which
corporate bodies usually enjoy; they shall have
power to make all needful by-laws, rules and re-
gulations, and to appoint and elect such officers
as the members of the corporation may, from time
to time, deem necessary, for the orderly manage-
ment of the concerns of said corporation : Providefi, ^''°''''^°-
such by-laws shall not be repugnant to the laws of
this Commonwealth.
Sec. 2. Be it further enacted^ That the said cor-
poration be, and the same is, hereby, made capable
of holding any real or personal estate, and of dis-
posing of the same at their pleasure : Provided p,o^i,„
hoivevpr, that the annual income of both the real
and personal estate, shall not exceed the sum of six
thousand dollars.
Sec. 3. Be it further enacted, That the powers
of the said corporation shall only extend to the pro- powels*""""
motion and encouragement of domestic manufac-
tures, of all descriptions, and of mechanical skill in
every department of industry, by public sales and
exhibitions of the products of the arts, by awarding
premiums for new inventions, and for the best spe-
ciniens of skill, by introducing any new discoveries
which may be made in other countries, and by col-
lecting models of inventions made at home or
abroad, and communicating the same to the manu-
facturers and mechanics of New England, and,
generally, by the adoption of such measures, as the
members of the said corporation may think will, at
any time, tend to the advancement of mechanical
and manufacturing skill : Provided however, that ^'°^""
the Legislature shall have power to visit the said
corporation, by committees, and, on their report, to
annul any by-laws of said corporation, which they
may disapprove.
Sec. 4. Be it further enacted, That all sales of
domestic goods, at public auction, which shall be
made under the authority of the corporation herein
196
Proviso.
First meeting.
MINIS. LANDS IN WAREHAM. Mar. 3, 1 826.
before created, shall be exen]pte4 from the tax im-
posed by law, upon sales at auction : Provided how-
ever, that the said corporation shall hold, or author-
ize only two such public sales, in any one year, at
such time in each year, as they may decide to be
most convenient and advantageous ; and Provided
also, that the said corporation shall beheld respon-
sible, that no goods, other than those of the growth
and manufacture of the United States, shall be ex-
posed for sale at any of their fairs or auctions ; and
if any departure from this restriction should occur,
then this section shall become null and void.
Sec. 5. Be it further enacted. That any person
named in this act of incorporation, may call the first
meeting of the same by giving notice thereof, in
two or more of the newspapers printed in Boston,
two weeks successively, before the time of holding
said meeting.
Sec. 6. Be it further enacted. That this act may
be amended, revised and terminated, at the pleasure
of the Legislature.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXI.
Powers grantid.
An Act to authorize and empower the town of
Wareham to make sale of the Ministerial Lands
in that town.
Sec. 1. JlJE 2/ enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That tiie Town of
Wareham be, and it is hereby authorized and em-
powered, to make sale of certain lots of wood-land
and meadow in said town, originally appropriated
for the sup{iort of the regular administration of
NORF. & MID. TURNP. COR. Mar. 3, 1826. 197
o-ospel ordinances therein, and to be exclusively
devoted to that pwrposo.
Sec. 2. Be it further enacted^ That at the annual
meeting of the inhabitants of said Town in the
month of March next, and annually thereafter, at
their meeting in March or April, there shall be s^an elect tm
elected, three or more persons who shall be the tees,&c.
trustees of the fund to be raised, by the sale afore-
said ; and the said trustees shall invest the pro-
ceeds of the sale aforesaid in some productive
fund, and shall annually appropriate the income
thereof, according to the original intention of said
Town, when the lands and meadows aforesaid
were laid out and appropriated ; and they shall
give bond to said Town in such sum as may be
approved by it, for the faithful performance of
their duties.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXII.
An Act to establish a Corporation by the name of the
Norfolk and Middlesex Turnpike Corporation.
15e it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Nathaniel
Johnson, Daniel Lei and, Aaron Whiting, Amrafel '»t««'
Smith, and Noah King, together with such persons
as have associated, or may hereafter associate
with them, and their successors and assigns, shall
be a corporation, by the name of the Norfolk and
Middlesex Turnpike Corporation, for the purpose
of making a Turnpike Road from near Ichabod
Hawes' Tavern, in Holliston, thence not far south
of the Factory, in said Holliston, now or lately
Persons incorpo-
198 LIBRARY OF GEN. COURT. Mar. 3, 1826.
known by the name of Fairbanks' Factory, thence
north of a burying ground in Sherburne, thence a
little north of the dwelling house of John Gould-
ing, thence to ("harles River, at or near a bridge,
called Farm Bridge, thence near the dwelling
house of WilHam Munroe, in Dover, thence not
far north of Dover Meeting-house, thence to the
bridge over Charles River, near the iron works of
John Welles and others, thence a little north of
High Rock, in Needham, thence not far north of
the dwelling-house of Zachariah Cushman, thence
to the south side of Bald Hill, in Newton, thence
a little north of an old saw-mill, in Brookline,
thence to terminate at a town road near the north-
west corner of Samuel G. Perkins' garden, in
Brookline ; and, for this purpose, shall have all the
Powers, ptiviie- powers aud privileges, and be subject to all the
^'' " duties, requirements and penalties, contained in an
act, entitled, " an Act defining the general powers
and duties of Turnpike Corporations," passed the
sixteenth day of March, in the year of our Lord
one thousand eight hundred and five, and the seve-
ral acts in addition thereto.
[Approved by the Governor, March 3, 1826.]
CHAP, cxxni.
An Act relating to a Library for the General Court
Sec. 1. Jl>E it enacted by the Senate and House
of Represfntatives in General Court assembled, and
by the authority of the same, That all the Books
and Maps belonging to this Commonwealth, and
nlS, &c.'°''^ ^ow in any of the apartments of the State House,
shall be collected, deposited, and arranged, in pro-
per cases, in the room, in said State House, usually
LIBRARY OF GEN. COURT. Mar. 3, 1826 199
called the Land Office, and be placed under the
care of the Land Agent, excepting only such
books as are now in the Senate Chamber, and may
be retained there by order of the Senate, or are in
the hall of the House of Representatives, and may
be retained in said hall by order of the House of
Representatives, or are in the department of the
Secretary of the Commonwealth, and may be re-
tained there by order of His Excellency the
Governor and the Council.
Sec. 2. Be it further enacted, That it shall be
the duty of the Secretary of State, under the direc- „
(.\r- 1-1 11 1 rf-< 1 f 1 Secretary, &c. to
tion 01 His Lxcellency the Ciovernor, and oi the pj^p'^^e a «ta-
Clcrk of the Senate, and of the Clerk of the House
of Representatives, to prepare, under the direction
of the presiding officer of each of said branches of
the Legislature, a catalogue of the books so retain-
ed in their respective departments, and deliver
such catalogue duly certified to the Land Agent,
to be by him preserved in his office.
Sec. 3. Be it further enacted^ That there shall
annually be appointed a joint standing committee, committee to b.
to consist of three persons, elected by each branch a{'iy°'a"nd'th«du'ty
of the Legislature, to be denominated the Com- ^''"'°^
mittee of tlie Library, whose duty it shall be to
superintend the Library, collected and deposited
as aforesaid, to use the funds appropriated by this
act, in procuring such books, maps, and charts as
to them may seem expedient, to procure a suita-
ble person to take charge of the Library during
the sitting of the Legislature, and to see that the
room in which the same is kept, is at all suitable
times properly warmed and lighted, and prepared
for the accommodation of the Legislature, and such
other officers of the government of this Common-
wealth, as may, from time to time, be permitted to
use the same ; to make such rules for the regula-
tion of said Library as to them may seem proper,
and the same, from time to time, to revise, amend,
and enforce.
25
200 BOS. & BRAIN. C. & B/MAN. CO. Mar. 3, 1826.
Sec. 4. Be it further enacted^ That for the pro-
curing of suitable cases to contain and preserve
said books, there be, and hereby is, appropriated,
p"kted.''^'°" the sum of two hundred dollars, and that the fur-
ther sum of three hundred dollars annually, for ten
years, be, and hereby is, appropriated, to procure
such books, maps, and charts, works of science and
the arts, as may, in the judgment of said Com-
mittee tend to illustrate the resources and means
of internal improvement of this Commonwealth, or
of the United States, and that His Excellency the
Governor, by and with the advice and consent of
Council, be, and he hereby is authorized and em-
powered, from time to time, to draw his warrant
on the Treasury for the sums aforesaid.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXIV.
An Act to change the name of the Boston and
Braintree Copper and Brass Maimfactory.
Jl5e it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That the Corporation
now known by the name of the Boston and Brain-
tree Copper and Brass Manufactory shall be allow-
ed hereafter to take the name of the Boston Cop-
per Company.
[Approved by the Governor, March 3, 1826.]
I
Periong incorpo*
ROXBURY INS. COMPANY. March 3, 182Q. 201
CHAP. CXXV.
An Act to incorporate the Roxbury Insurance
Company.
Sec. 1. JoE it enacted by the Senate and House
of Representatives^ in General Court assembled^ and
by the authority of the same, That Nathaniel Dorr,
John Lemist, Benjamin F. Copeland, Jonathan Dorr,
Enoch Bartlett, Charles Hickling, John Bartlett, Da-
vid Dudley, Jonathan J lunewell, Bei?jamin Weld, and
Thomas Simmons, with their associates, successors '»t»dT
and assigns, be, and they hereby are, incorporated in-
to a body politic, by the name of the Roxbury Insur-
ance 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 Commonwealth, entitled " 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 thou-
sand eight hundred and eighteen, and in a law of
this Commonwealth, entitled " An Act authorizing
the several Insurance Compandes in this Common-
wealth to insure against fire," passed on the twen-
tj'-first day of Februarj^, in the year of our Lord
one thousand eight hundred and twenty-four, and
during the term of twenty years after the passing
of this act ; and by that name may sue and be sued,
plead and be impleaded, appear, prosecute and de-
iend, to final judgment and execution ; and may
have a common seal, and alter the same at pleasure, ^'y*"***^"'
and may purchase, hold, and convey, any estate, re-
al or personal, for the use of said company : Pro-
vided, 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 the company.
Sec 2. Be it further enacted, That the capital
202
ROXBURY INS. COMPANY. March 3, 1826.
Notice to be gi-
ven.
Annual election.
Ptoviio,
stock of said company, exclusive of premium notes,
and profits arising from business, shall be one hun-
dred 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 subscri-
ber, on the amount of his subscription, within thirty
days after notice given by the President and Di-
rectors, chosen by the Stockholders, in two news-
papers, printed in the counties of Suffolk or Nor-
folk, and the residue shall be secured by a deposit
of stock of the United States, or of this Common-
wealth or oftjsome bank within this Commonv/eaith,
and to be paid in such sum, or sums, at such time,
or times, and under such penalties, as the Presi-
dent and Directors shall, in their discretion, direct
and appoint.
Sec. 3. Be it further enacted, That the stock,
property, affairs and conceriis, of said company,
shall be managed and conducted by twelve Direct-
ors, one of whom shall be President thereof, who
shall hold their offices for one year, and until oth-
ers are chosen, and no longer, and who shall at the
time of their election, be stockholders in said com-
pany, and citizens of this Commonwealth, and shall
be elected on the first Monday in January, in each
year, and at such time and place in said Roxbur}'^,
as a majority of said Directors, for the time being,
shall appoint, of which election notice shall be
given, in some newspapers, printed in the county
of Suffolk or Norfolk, ten days, at least, previous to
said meeting; and the election shall be made by
ballot, by a majority of the votes of the stockhold-
ers present, allowing one vote for each share in the
capital stock ; Provided, no stockholder shall be al-
lowed more than ten votes, and that absent stock-
holders may vote by proxy, under such regulations
as the company shall prescribe ; and if, through any
accident, the Directors should not be chosen on the
first Monday of January, as aforesaid, it shall be
lawful to choose them on any other day, in the
mamier herein after mentioned ; and it shall be the
ROXBURY INS. COMPANY. JMarch .5, 1826. 203
duty of the Secretaiy of said company, at any time,
upon application, in writing, of the proprietors of
twenty per centum of the capital stock, to call a Sla?"'"'""
meeting of the stockholders, to be holdeii at such
time and place, in said Roxbury, as they shall direct,
for the purposes mentioned in such application, by
giving notice thereof, as herein required, for the
election of directors.
Sec. 4. Be it further enacted, That the Directors,
when chosen, shall meet as soon as may be, after
every election, and choose, out of their number,
one person, to be President, who shall be sworn, or
aflirmed, to the faithful discharge of the duties of his
office, and preside for one year ; and in case of
death, resignation, or inability to serve, of the Pre- ^^y^"^"*"^-
sident or any Directors, such vacancy or vacancies
shall be tilled, for the remainder of the year in which
they may happen, by a s;)ecial election for that
purpose, at a meeting to be notified and held in the
same manner as herein before directed, respecting
annual elections of Directors.
Sec. 5. Be it further enacted, That the Presi-
dent and six'of the Directors, or seven of them, in
his absence, shall be a board competent to the
transaction of business ; and all questions before
them shall be decided by a majority of votes;
and they shall have power to mak« and pre-
scribe such by-laws, rules and regulations, as to Maymakeby-
them shall appear needful and proper, touching the
management and disposition of stock, property, es-
tate, and effects of said company, and the transfer
of the shares, and touching the duties and conduct
of the several officers, clerks and servants, employ-
ed ; 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, with such salaries and
allowances to them, and to the President, as to the
Board may seem fit : Provided, such by-laws and
regulations shall not be repugnant to the constitu-
tion and laws of this Commonwealth.
laws, &c.
Proviso.
First meeting.
204 ROXBURY INS. COMPANY. March 3, 1826.
Sec. 6. Be it further enacted, That any two or ,
more persons named in this act, are hereby empow-
ered to call the first meeting of said company, by
advertising the same in some newspaper, printed in
the county of Suffolk or Norfolk, two weeks suc-
cessively, for the purpose of electing their first
Board of Directors, who shall remain in office until
the first Monday in January, in the year of our
Lord, one thousand eight hundred and twenty-se-
ven, and until others are elected in their stead :
Provided hoivever, that this charter shall be void,
unless put in operation within one year after pass-
ing this act ; and. Provided also, that said company
shall not take any risk, or subscribe any policy,
until one moiety of the capital stock of said com-
pany shall actually have been paid in.
Sec. 7. Be it further enacted, That S2iid company
shall never take, on any one risk, at any one
time, including the sum insured in any other Avay,
a sum exceeding ten per centum of the capital
stock of said company, actually paid in, agreeably
to the provisions of this act.
Sec. 8. Be it further enacted, That the said in-
surance company shall be located and kept in the
town of Roxbury.
Sec 9. Be it further enacted, That the said insu-
rance company shall be liable to be taxed, by any
general law, j providing for the taxation of all similar
corporations.
[Approved by the Governor, March 3, 1826.]
Liable to be tax
ed.
GLOUC. MIN. FUND SOC. March 3, 182G. 205
CHAP. CXXVI.
An Act in addition to an act, entitled " An act to
incorporate the President, Directors and Compa-
ny of the Housatonic Bank."
JjE it enacted. by the Senate and House
of Representatives in General Court assembled,
and by the authority oj the same. That a further
time be granted to said corporation, for paying in
their capital stock, and that the same may be paid
in, at such time, or times, as said corporation shall
direct : Provided, that'fifty thousand dollars there-
of be paid into said bank in specie, and the bank be
put into operation, according to the original char-
ter, on, or before, the first day of July next, and the
remainder within three months thereafter.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXVH.
An Act to incorporate the Trustees of the Glouces-
ter Ministerial Fund Society.
Sec. 1. xJE 27 e?iacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That Zachariah
Stevens, Lonson Nash, Daniel AV. Rogers, Samuel
Kimball, Winthrop Sargent and David Worcester,
be, and are, hereby, incorporated into a body poli-
tic, by the name of The Trustees of the Ministerial
Fund, in the first parish in Gloucester; and they
and their successors shall be, and continue, a body
politic and corporate, by that name forever ; and
Persons lucorin
lateJ.
206
GLOUC. MIN. FUND SOC.
March 3, 1826.
Seal.
May choose ofti-
cers.
Quorum.
first meeting.
they siiall have a common seal, subject to be alter-
ed at their pleasure ; and they may sue and be su-
ed, in all actions, real, personal and mixed, and pro-
secute and defend the same, to final judgment and
execution, by the name aforesaid.
Sec. 2. Be it further enacted^ That the said
trustees, and their successors, shall, annually, elect
a President, and a clerk to record the doings and
transactions of the trustees, at their meetings, and
a treasurer, to receive and apply the monies here-
after mentioned, as hereafter directed, and any
other needful officers, for the managing their busi-
ness.
Sec. .3. Be it further enacted, That the number
of said trustees shall never be more than seven,
nor less than five, one of whom shall be a minister
of the said first parish ; and any four of said trus-
tees s4iall be a quorum for transacting busixiCss ;
and they shall fill vacancies which may happen by
death, resignation, or otherwise ; and they shall
have power to remove any trustee who may be-
come unfit, from age, infirmity, misconduct, or any
other cause, of discharging his duty, and to fill the
vacancy so made ; and the said trustees shall, an-
nually, hold a meeting, in March, or April, and as
much oftener as mjiy be necessary to transact their
business ; which meetings, after the first, shall be
called as the trustees may direct.
Sec. 4. Be it further enacted, That any Justice
of the Peace, in the county of Essex, be, and he
hereby is, authorized to fix the place and time for
the first meeting, and to notify the trustees thereof.
Sec 5. Be it further enacted, That the said trus-
tees be, and they hereby are, authorized to receive
all donations, legacies and bequests, to the amount
of thirty thousand dollars, to the fund aforesaid ;
and they shall have power to sell and convey all
such lands as they shall become seized of by be-
quest, mortgage, or by levying executions, and to
make, execute and acknowledge, a good and suffi-
cient deed, or deeds, thereof, which deed, or deeds,
GLOUC. MIN. FUND SOC. March 3, 1826. ?07
subscribed and acknowledged by their treasurer,
by direction of said trustees, and having their seal
thereto affixed, shall be good and effectual in law,
to pass and convey the fee simple to the purchaser,
to all intents and purposes whatever.
Sec. 6. Be it further enacted. That all monies ., ....
•/ .' Money to be put
which said trustees shall receive, pursuant to this *' interest.
act, shall be promptly put at interest, and secured,
by mortgage of real estate, to the full value there-
of, or by sufficient sureties with the principal ; or
invested in public funded securities, or bank stock,
as, in the opinion of the trustees, will be most for
the benefit of all concerned.
Sec. 7. Be it further enacted. That the trustees
shall apply the income of the fund aforesaid, to the
support of the congregational minister, now settled
in said parish, or who may hereafter be settled in
said parish, in conformity to the following provi-
sions, viz. until the interest arising from the afore-
said stock, shall amount to two hundred dollars, an- Application •fio-
nually, the whole amount of said interest shall be "'"*
added to the principal of the stock aforesaid: and
after said income shall amount to two hundred dol-
lars, annually, one moiety thereof shall be paid to-
wards the minister's salary, as aforesaid, and the
other moiety shall be added to the principal ; and the
trustees shall continue thus to apply the said income,
until it shall amount to the sum of twelve hundred
dollars, annually, six dollars being held equal to one
hundred and ninety-six pounds of flour; and when
said income shall amount to twelve hundred dollars,
annually, the whole amount thereof shall be paid
to said minister, as his salary; and it shall continue
to be so applied, until said income shall amount to
the annual sum of two thousand dollars, when the
surplus shall be appropriated to such charitable
purposes, as the trustees may think proper.
Sec. 8. Be it further enacted, That the treasurer
shall give bond, with sufficient surety, or sureties, £'„*"""' *°*'''*
in the penal sum of two thousand dollars, at least,
which penal sum may be increased, at the discre-
26
208 GLOUC. MIN. FUND SOC. March 3, 1826.
tion of the trustees, for the faithful discharge of his
duty, and to be, at all times, responsible for the
faithful application and appropriation of the monies
which may come into his hands, conformably to
the true intent and meaning; of this act, and for all
negligence or misconduct of any kind, in his office.
Sec. 9. Be it further enacted, That the trustees,
for the services they may perform, shall be entitled
TiSw!'""**' to no compensation out of any monies arising from
the fund aforesaid ; that the treasurer shall receive
a compensation for his services, not exceeding two
and a half per centum of the income of the fund,
annually, at the discretion of the trustees ; and that
the clerk shall receive, for his services, a compen-
sation, at the discretion of said trustees, but not
exceeding the sum of ten dollars annually.
Sec. 10. Be it further enacted, That the trustees
shall exhibit to the parish, at their annual meeting,
a regular and fair statement of their doings.
Sec. W. Be it further enacted. That if, at any
time, the aforesaid parish shall, for the term of three
years, neglect to have a settled minister, then the
Transfer of fund, aforesaid fuud shall be immediately transferred, as
a donation, to some charitable institution, to be se-
lected by the trustees.
Sec. 12. Be it further etiacted, That the said
trustees, and each of them, shall be responsible to
the parish for their personal negligence or mis-
conduct, and be liable to a suit for any loss or da-
mage arising thereby, and the debt, or damage, re-
TruiteeB liable, covered in such suit, to be for the use of the fund
aforesaid ; and any trustee, or trustees, so found
guilty of misconduct, shall be incapacitated, forever,
from being one of said trustees. And when, from
this, or any other cause, the number of the trustees
shall be reduced to a less number than four, a num-
ber sufficient to constitute a quorum, as aforesaid,
shall be chosen by said first parish.
[Approved by the Governor, March 3, 1826.]
PRES. OF OYSTERS, &c. Mar. 3, 1826. 209
CHAP. CXXVIII.
An Act in addition to the act relative to the boun-
dary lines of the city of Boston, and the town of
Brookline.
-OE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority oj the same, That the tract of
land, annexed to the City of Boston, by the act to
which this is in addition,passed on the twenty second
day of February, in the year of our Lord one thou-
sand eight hundred and twenty five, is hereby an-
nexed to, and made a part of Ward No. 6, in said
City, and shall so remain, until the divisions of the
Ward of said City shall be altered by the City
Council or otherwise, according to law.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXIX.
An Act in addition to an act, entitled " an act to
prevent the destruction of Oysters, and other
shell fish in this Commonwealth."
Sec. 1. JjE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That it shall and preservation «f
may be lawful for the inhabitants of the town oy^ters.&c.
of Westport, in the county of Bristol, from time to
time, at their annual meeting in March or April, to
determine and order, by whom, and in what places,
and in what quantities, and on what condition,
Oysters may be taken in Acoxet River, within the
cuting.
210 FIRST BAP. SOC. IN SOUTHW. Mar. 3, 1826
town aforesaid, and shall cause a co])y of such or-
der, attested by the Town Clerk of said Town, to
be posted up in some public place or places in said
town, as the inhabitants, at their meeting aforesaid,
shall order ; and any person who shall violate such
Penalty. icgulations, upou conviction thereof, shall forfeit
and pay a sum not less than five nor more than
ten dollars.
Sec 2. Be it further enacted, That all forfeitures
which shall be incurred by virtue of this act, and
Mann« of proae- shall be sucd for, shall be sued in an action of
debt, in the name of the Treasurer of said town of
Westport, before any justice of the peace (not in-
terested) in said county of Bristol, and to the use
of said tovf n.
Sec. 3. Be it further enacted, That the Legis-
lature may, at any time hereafter, amend or repeal
this act.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXX.
An Act to incorporate the First Baptist Society in
the town of Southwick.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled, and
pmiom incorpo- bij the authority of the same, That Rowland Laf-
""'^" lin, Wait Easton, Ashbel Easton, jun. Cyrus Bill,
Lewis D. Fowler, David Kent, Noble Campbell,
Josiah Kent, jun. Abijah Byington, Eli Campbell,
David Loronsbury, Owen Campbell, Justus Kent,
Elisha Parker, Beebee Smith, Abner Johnson, War-
ren Byirsgton, Lemuel Easton, Josiah S. Knowles,
Joel Moor, Erastus Brewer, Shubael Easton, For-
est Barker, Almon H. Baker, Rodplphus Gillet, 2d,
SALISBURYMAN.COM. Mar.3,iS26. 211
and William Hosmer, with such as may hereafter
associate with them, be, and they hereby are, in-
corporated into a religious society, by the name of
the First Baptist Society in Southwick, with all
the privileges, powers, and immunities to which ^"'^^"''^'^
religious societies are entitled by the constitution
and laws of this Commonwealth.
Sec. 2. Be if further enacted, That any Justice
of the Peace for the county of Hampden, be, and ^°etYng^° ""^"^
he hereby is, authorized to issue his warrant, di-
rected to any member of said society, requiring
him to warn the members of the said society to as-
semble at some suitable time and place in said
Southwick ; then and there to choose such officers
for said society, as they shall see fit, and to trans-
act such other business as may be deemed neces-
sary.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXXI.
An Act in addition to an act, entitled, " an Act to
incorporate the Salisbury Woollen Manufactu-
ring Company."
Sec. 1. Jl>E it enacted by the Seriate and House
of Representatives in General Court assembled, and
by the authority of the same, That the Salisbury
Woollen Manufacturing Company may, atomy time Maymcroaaeca^
hereafter, increase their capital stock to a sum not
exceeding five hundred thousand dollars ; and that
they may be lawfully seized and possessed of such
real and personal estate, not exceeding that sum,
as may be necessary or convenient for carrying on
the several manufactures, which, by virtue of this
act, and of that to which this is in addition, they
212 HAMP. & BERK. TURN. COR. Mar. 3, 1826.
loviso may be authorized to carrj" on : Provided, however,
that the real estate of said Corporation shall not, at
any time, exceed the sum of two hundred and fifty
thousand dollars.
Sec. 2. Be it further enaded^lih^i the said Com-
^rantedy""^"' paHv, iu additloH to their present powers, may, and
they are hereby authorized to manufacture ma-
chinery, and also linen, cotton, and iron, into such
fabrics, and after such manner as they shall deem
expedient.
Sec. .3. Be it further enacted. That the said Cor-
poration shall hereafter be known and called by
Name, a^ altered, the name of thc "Salisbury Manufacturing Com-
pany," and by that name shall be liable to all the
duties and obligations, and entitled to all the rights
and privileges, they are now liable or entitled to.
[Approved by the Governor, March 3, 1826.]
CXXXII.
An Act to establish the Hampden and Berkshire
Turnpike Corporation.
Sec. 1. a5E it enacted by the Senate and House
of Bepresentatives in General Court assembled,
and by the authority of the same, That Elisha Pinny,
Persons incorpo- Jos. A. Root, OHver Watsou, Luther Laflin, Avery
Tracy, Lemuel Boise, Waterman Carter, James
Watson, John F. Collister, William Phelps, Reuben
Bradley, Charles Sprague, Seth Root, Liberty
Lyman, Isaac Lloyd, Orrin Sage, Timothy L. Hatch,
Lewis B. Barnes, and Eli Hall, together with such
others as have associated, or may hereafter asso-
ciate with them, their successors and assigns, be,
and hereby are made a Corporation, by the name
of the Hampden and Berkshire Turnpite Corpora-
\ai«d
LAND IN SHREWSB- March 3, 1826. 213
tioii, for the purpose of making a Turnpike road
from the Turnpike near the house of John A. Mal-
lorv, ir. in Russell, in the best direction to the vil- ^
^'J i/>ii • I 1 Course of Turn
lage m JDiandiord, thence in the best course near p'^e
the house of John Collister, to meet the Becket
Turnpike, near the house ofKindall Baird, in Beck-
et, and shall have all the powers and privileges,
and be subject to all the duties, requirements and
penalties prescribed and contained in an act enti-
tled " an act defining the general powers and du-
ties of Turnpike Corporations," aiad the several
acts in addition thereto, except so far as the same
are altered by the provisions of this act.
Sec. 2. Be it further enacted, That said road
shall be laid out, not less than four rods in width,
and the travelled path of the same shall not be less
than eighteen feet.
Sec. 3. Be it further enacted, That the Court of
General Sessions of the Peace within the County committee may
of Hampden, are hereby authorized and empower
ed, upon the application of said Corporation, to ap-
point a committee of five disinterested freeholders,
either in said County of Hampden, or Berkshire, or
in both, who shall be invested with all the authori-
ty contained in an " act defining the general powers
and duties of Turnpike Corporations," and the
several acts in addition thereto.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXXHI.
An Act to annex a certain Tract of Land to the
town of Grafton.
Jl5E it enacted by the Senate and House
of Representatives in Getieral Court assembled, and
by the authority of the same, That Tarrent Merriam
214
BRIDG. TRIN. CON. CHURCH. Mar. 3, 1826.
Land to b» an-
nexed.
Proviso
and his family, together with a certain tract of land^
situated in the town of Shrewsbury, containing
about one hundred and eighty six acres, more or
less, chiefly owned by said Merriam, and bounded
as follows, to wit : on three sides of the town of Graf-
ton, and on the fourth side by a line beginning at a
point in the boundary line of said Grafton, where
the corners of one Jasper Rand's land and of the
said Merriaei's land meet, and on the east side of
one Elijah Brook's land, and thence running east
ten degrees south, thirty seven rods, to the road
leading from said Grafton to said Shrewsbury,
thence easterly on said road until it comes to said
Merriam's land on the north side, thence east twen-
ty seven degrees north, one hundred and twenty
five rods, thence east eight degrees north, to a cor-
ner of the north boundary line of said Grafton, be
and the same are hereby set off from said Shrews-
bury, and annexed to said Grafton, and they shall
forever, hereafter, be subject to all the duties, and
entitled to all the privileges of inhabitants of said
Grafton : Provided however, that said Merriam,
and the other owners of said tract of land, shall be
holden to pay all taxes that have been lawfully as-
sessed upon them, by said Shrewsbury, previous
to the passing of this act.
[Approved by the Governor, March 3, 1826.]
CXXXIV.
An Act to incorporate the Bridgewater Trinitarian
Congregational Church.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Jason Dyer,
May have seal.
BRIDG. TRIN. CON. CHURCH. Mar. 3, 182(5. 215
Ezra Fobes, Oliver Keith, Rufus Wood, Zephani-
ah Caswell, John Conant, Seth Conant, Oliver Co-
nant, Theonhilus Wentworth, Levi Leach, Oliver
Allen, jun. Simeon Wilbur, Morton Eddy, Ebenezer
Gay, Cornelius Holmes, jun. and their associates, be,
and hereby are incorporated and made a body poli-
tic, by the name of the Trinitarian Congregational
Church in Bridgewater, 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 Commonw ealth.
Sec. 2. Be it further enacted, That said body
politic may hold property, real or personal, or both, May hoid proper
to the amount of ten thousand dollars, for the pur- ^^
pose of supporting, with the income thereof, the
preaching of the gospel, and for other benevolent
and religious purposes ; and the property which may
be hereafter held by said body politic, subject to all
the conditions and under all the trusts, that may be
annexed to such bequests and gifts by the donors
thereof.
Sec. 3, Be it further enacted, That said body
politic shall, at their first meeting, elect a Clerk,
a Treasurer, and a committee of three, with such ceres'/*'"* °^'
powers as shall be prescribed by the by-laws of said
body politic, and that the first meeting thereof may
be called by Cornelius Holmes, jun. above named, '" ""^^ "'°'
by posting a notification thereof, eight days before
the time appointed for such meeting, in the meet-
ing house of the Trinitarian Society in Bridge-
water.
[Approved by the Governor, March 3, 1826.]
27
2ie PROP. OF HAMP. BREW. March 3, 1826-
CHAP. CXXXV.
An Act to incorporate the Proprietors of the Hamp-
den Brewery.
Sec. 1. x5E if enacted by the Senate and House
of Representatiees in General Court assembled, and
by the authority of the same. That William F. Wol-
cott, Elisha Curtis, John B. Kirkham, Stephen War-
persons incorpo- rcn, jun. Edmuud Allen, jun. Ithamar Goodman,
"'^■^ and Samuel H. Stebbins, their associates, successors,
and assigns, be, and they hereby are made a cor-
poration, by the name of the Proprietors of the
Hampden Brewery, for the purpose of manufactur-
ing and brewing Ale, Beer, and Porter, at Spring-
field, in the County of Hampden ; and, for this
purpose, shall have all the powers and privileges,
and be subject to all the duties and requirements
contained in an act, passed on the third day of
March, in the year of our Lord one thousand eight
hundred and nine, entitled, " An act defining the
general powers and duties of Manufacturing Cor-
porations," and in the several acts supplementary
thereto.
Sec. 2. Be it further enacted. That the said Cor-
May posaeaB r.ai poratiou may bc lawfully seized and possessed of
uter""""' ^'' such real estate, not exceeding the value of thirty
thousand dollars, and such personal estate, not ex-
ceeding the value of fifty thousand dollars, as may
be necessary and convenient for carrying on the
manufacture aforesaid.
[Approved by the Governor, March 3, 1826,]
WILKINSON. TURN. COR. March 3, r826. 217
CHAP. CXXXVI.
An Act to discontinue a part of the Turnpike Road
of the Hartford and Dedhani Turnpike Corpo-
ration.
JlJE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority oj the same. That from and after
the passing of this act, so much of the ssPid Turn-
pike road, as lies between Pitts Head, near the
Court House, and Sabin Bakers' dwelling house,
in Dedham, in the County of Norfolk, be discontin-
ued, and that said Corporation be exonerated from
all liability to support the same, saving neverthe-
less to the public all improvements which have
been made in the same by said Corporation, and
leaving all rights to the road and liabilities to sup-
port the same, as they existed at the time of the
establishment of said Turnpike Corporation.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXXVII.
An Act to establish the Wilkinsonville Turnpike
Corporation.
Sec. 1. JlJE it enacted by the &3nate and House
of Representatives in General Court assembled^
and by the authority of the same, That David Wil-
kinson, Nahum Harrington, Orra Goodall, Caleb S."*"""'^""
Burbank, and John Morse, together with such
others as have associated, or may hereafter associ-
ate with them, their successors and assigns, be, and
218 FIFTH MASS. TURN. COR. March 3, 1826.
they hereby are, made a Corporation by the name
of the Wilkinson ville Turnpike Corporation, for
the purpose of making a turnpike road from the
bend in the road near Benjamin Fay's house in
Westborough, thence in the best direction to the
farm school house in Grafton, thence to the dwel-
ling house of the late Abner Temple, in said Graf-
ton, deceased, thence to the Wilkinsonville Facto-
course of Turn- ^y jj^ SuttoH, thcuce to or uear Asa Woodbury's
blacksmith's shop in said Sutton, and shall have
the right to erect one gate, and receive such rates
of toll as are or may be provided by law, for one
whole turnpike gate, and shall have all the powers
Provisions grapt- aud privileges, and shall also be subject to all the
duties, requirements and penalties, prescribed and
contained in an act entitled " an act defining the
general powers and duties of Turnpike Corpora-
tions," and the several acts in addition thereto.
Sec. 2. Be it further enacted, That if the Cor-
poration aforesaid shall locate their toll gate on a
Previsiin, towu road leading from the late Abner Temple's, to
Ephraim Goulding's, in said Grafton, the inhabitants
of the said town of Grafton shall at all times have
the privilege of passing said gate free from toll.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXXVHI.
An Act in addition to the several Acts establishing
the Fifth Massachusetts Turnpike Corporation.
15 E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That the Toll
Gate of the Fifth Massachusetts Turnpike Corpo-
ration, situated in Fitchburg, in the County of Wor-
PRES. &c. MER. BANK. ^ March 3, 1826. 219
cester, be, and the same hereby is authorized and
established where the same is now erected. And
the said corporation, from and after the passing of
this act, may demand and receive tolls at said gate,
and collect penalties for forcing said gate, as the
said corporation may do, at their other gates on
said road.
[Approved by the Governor, March 3, 1826.]
CHAP. CXXXIX.
An Act, in addition to an Act, entitled " An Act to
incorporate the President, Directors, and Com-
pany of the Merchants' Bank, in Salem."
Sec. 1. He it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the Presi-
dent, Directors, and Company of the Merchants'
Bank, in Salem, be, and they hereby are, au-
thorized and empowered to increase their present May increase
capital stock, by an addition of one hundred thou- '^°"''
sand dollars thereto, in shares of one hundred dollars
each, which shall be paid in, in such instalments, and
at such times, and shall be so disposed of, as a major-
ity of Stockholders, at any legal meeting, may ^'<""°
direct and determine : Provided however, that the
• whole amount thereof shall be paid in on or before
the first Monday of June next ensuing.
Sec. 2. Be it further enacted, That the addi- subject to taw^,
tional stock aforesaid shall be subject to the like '^s"'*''""'- ^^-^
tax, regulations, restrictions, and provisions, as the
capital stock of said corporation is now liable to, by
virtue of the act to which this in addition.
[Approved by the Governor, March 3, 1826.]
220
MID. MUX. FIRE INS. CO. March 3, 1826.
Shall not keep
fires.
Pewers and lia-
bility.
CHAP. CXL.
An Act in addition to an Act, entitled "An Act to
preserve the Forests and Woodlands from Fire,
in the Town of Sandwich, in the County of
Barnstable."
Sec. 1. JoE it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of the same, That from and af-
ter the first day of April, to the first day of Octo-
ber, in each year, it shall not be lawful for any per-
son or persons to place, keep, or maintain, any
fires in the huts or cabins of the wood-cutters in
the woods of said town of Sandwich, under the pe-
nalty provided in the fifth section of the act to
which this is in addition.
Sec. 2. Be it further enacted, That the Selectmen
of said town shall have the same powers, and be
subject to the same obligations, to enforce the exe-
cution of this law, and the penalty for the violation
of the same shall be recovered in the same manner
as is provided in the act to which this is in addi-
tion.
[Approved by the Governor, March 3, 1826.]
CHAP. CXLI.
An Act to incorporate the Middlesex Mutual Fire
Insurance Company.
Sec. 1. Be it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That Daniel Richard-
MID. MUT. FIRE INS. CO. Mar. 3, 1826. 22l
son, Elias Phinney, John Far well, Josiah Davis, Jo- f^^'°" '""'f°-
seph Butterfield, Daniel Shattuck, Robert Brinley,
Samuel Burr, Peter Wellington, Calvin Thomas,
Lemuel Shattuck, Peter 0. Wellington, Abel
Moore, Daniel Taylor, William Adams, jun. Josiah
Bartlett, and all other persons, who may hereafter
become members of said Company in the manner
herein prescribed, be, and they hereby are, incoi*-
porated, and made a body politic, by the name of
the Middlesex Mutual Fire Insurance Company,
for the purpose of insuring their respective dwell-
ing houses, stores, shops, and other buildings,
household furniture, and merchandize, against loss
or damage by fire, whether the same shall happen
by accident, lightning, or by any other means, ex-
cepting that of design in the assured, or by the in-
vasion of an enemy. or insurrection of the citizens
of this, or of any of the United States, and by that
name may sue and be sued, plead and be implead-
ed, appear, prosecute, and defend, in any court of
record or other place whatever ; may have and
use a common seal, and may purchase, hold, and May have a seai.
convey any estate, real or personal, for the use of
said Company: Provided, they shall not hold real J'erJoi^^e'tate"'
estate exceeding the value of fifty thousand dol-
lars, excepting such as may be taken for debt, or
held as collateral security for debts due to said
Company ; may make, establish, and put in execu-
tion, such by-laws, ordinances, and resolutions, as
may seem necessary or convenient for their regula-
tion and government, and for the management of
their affairs ; Provided, such by-laws, ordinances, p,ovi,o
and resolutions be not repugnant to the laws or
constitution of the United States, or of this Com-
monwealth, and do and execute all such acts and
things as may be necessary to carry into full effect
the purposes intended by this act, for twenty-eight
years from and after the passing of this act.*^
Sec. 2. Be it further enacted, That all and eve-
ry person and persons, who shall, at any time, be-
come interested in said Company, by insuring
222
MID. MUT. FIRE INS. CO.
Mar. 3, 1826.
Annoal meeting
Directors to bo
chosen.
Buty,&c. of Di-
rectors
therein, and also their respective heirs, executors,
administrators, and assigns, continuing to be insu-
red therein, as hereinafter provided, shall be deem-
ed and taken to be members thereof, for and dur-
ing' the terms specified in their respective policies,
and no longer, and shall at all times be concluded
and bound by the provisions of this act.
'Sec. 3. Bp. it further enacted, That there shall
be a meeting of said Company, at Concord, in the
county of Middlesex aforesaid, on the Tuesday
next following the second Monday of March, an-
nually, or on such other day as said Company may
hereafter determine, at which meeting shall be
chosen, by a major vote of the members present,
a Board of Directors, consisting of not more than
nine, nor less than five members, who shall con-
tinue in office until others shall have been chosen,
and accepted the trust in their stead ; all vacancies
happening in said Board, may be filled by the re-
maining members until the next annual meeting :
and a majority of the whole number chosen shall
constitute a quorum for the transaction of business.
Special meetings of said Company may be called,
by order of the Directors, or in such other manner
as the by-laws thereof may have prescribed.
Sec. 4. Be it further enacted, That the Board of
Directors shall superintend the concerns of said
Company, and shall have the management of the
funds and property thereof, and of all matters and
things thereunto relating, not otherwise provided
for by said Company ; they shall have power, from
time to time, to appoint a Secretary, Treasurer,
and such other officers, agents and assistants, as to
them may seem necessary, and prescribe their du-
ties, fix their compensation, take such security
from them as they may deem necessary for the
faithful performance of their respective duties, and
may remove them at pleasure. They shall deter-
mine the rates of insurance, the sum to be insured
on any building, not exceeding three-fourths of its
value, and the sum to be deposited for the insu-
MID. MUT. FIRE INS. CO. Mar. 3, 1826. 223
ranee thereof. They shall order and direct the
making and issuing of all policies of insurance,
the providing of books, stationary, and other things
needful for the office of said Company, and for car-
rying on the affairs thereof; and may draw upon
the Treasurer for the payment of all losses incur-
red in transacting the concerns of said Company.
They shall elect one of their own number to act
as President, and may hold their meetings as often pSen"'
as necessary for transacting the business of the
Company, and shall keep a record of their pro-
ceedings ; and any Director disagreeing with a
majority of the Board, at any meeting, may enter
his dissent with his reasons thereof, on record.
Sec. 5. Be it further enacted, That every person
who shall become a member of said Company by
effecting insurance therein, shall, before he receives
his policy, deposit his promissory note for such sum Deposit a pt»m«.:
of money as shall be determined by the Directors,
a part, not exceeding five per cent, of which said
note shall be immediately paid, for the purpose of
discharging the incidental expenses of the institu-
tion, and the remainder of said deposit note shall
be payable in part or the whole, at any time when
the Directors shall deem the same requisite for
the payment of losses, or other expenses ; and at
the expiration of the term of insurance, the said
note, or such part of the same, as shall remain un-
paid, after deducting all losses and expenses oc-
curring during said term, shall be relinquished and
given up to the signer thereof.
Sec. 6. Be it further enacted, That every mem-
ber of said Company shall be, and hereby is, bound
and obliged to pay his proportion of all losses and
expenses happening or accruing in and to said
Company ; and all buildings insured by and with
said Company, together with the right, title, and
interest of the assured, to the lands on which they
stand, shall be pledged to said Company, and the
said Company shall have a lien thereon against the sh»iihaveaiiM,
28
224 MID. MUT. FIRE INS. CO. Mar. 3, 1826.
assured, during the continuance of his, her, or their
policies.
Sec. 7. Be it further enacted, That in case of any
loss or damage by fire, happening to any member,
upon property insured in and with said Company,
the said member shall give notice thereof, in
writing, to the Directors, or some one of them, or
to the Secretary of said Company, within thirty
days from the time such loss or damage may have
happened ; and the Directors, upon a view of the
same, or in such other way as they may deem pro-
per, shall ascertain and determine the amount of
said loss or damage ; and if the party suffering is
not satisfied with the determination of the Direc-
tors, the question may be submitted to referees.
May bring action, or the Said party may bring an arition against the
Company for said loss or damage, at the first Court
in said county of Middlesex, competent to try the
same ; and if upon trial of said action, a greater
sum shall be recovered than the amount determin-
ed upon by the Directors, the party suffering shall
have judgment therefor against said Company,
with interest thereon, from the time said loss and
^ damage happened, and costs of suit ; but if no more
shall be recovered than the amount aforesaid, the
said Company shall recover their costs : Provided
however^ that execution shall not issue on any
judgment against said Company until after the
expiration of three months from the rendition
thereof.
Sec. 8. Be it further enacted, That the Directors
shall, after receiving notice of any loss or damage
by fire, sustained by any member, and ascertaining
the same, or after the rendition of any judgment,
as aforesaid, against said company, for such loss or
damage, settle and determine the sums to be paid by
the several members thereof, as their respective por-
tions of such loss, and publish the same, as they
shall see fit, or as the by laws shall have prescribed*;
and the sum to be paid by each member, shall al-
ways be in proportion to the original amount of his
MID. MUT. FIRE INS. CO. March 3, 1826. 225
deposit note or notes, and shall be paid to the
treasurer, within thirty days next after the publica-
tion of said notice ; and if any member shall, for
the space of thirty days after such notice, neglect
or refuse to pay the sum assessed upon him, her,
or them, as his, her, or their proportion of any loss,
as aforesaid, in such case the directors may sue for, waysn..
and recover, the whole amount of his, her, or their
deposit note or notes, with costs of suit ; and the
money, thus collected, shall remain in the treasury
of said company, subject to the payment of such
losses and expenses as have, or may thereafter, ac-
crue ; and the balance, if any remain, shall be re-
turned to the party from whom it was collected, on
demand, after thirty days from the expiration of
the term for which insurance was made.
Sec. 9. Be it further enacted, That if it shall
ever so happen, that the whole amount of deposit
notes should be insufficient to pay the loss occa-
sioned by any one fire, in such case, the sufferers
insured by said company, shall receive, toward
making good their respective losses, a proportional
dividend of the whole amount of said notes, accord-
ing to the sums by them respectively insured ; and, SS Tiw-"'
in addition thereto, a sum to be assessed on all the '*^"''-
members of said company, not exceeding fifty cents
on every hundred dollars by them respectively in-
sured, and the said members shall never be requi-
red to pay for any loss, occasioned by fire, at any
time, more than fifty cents on each hundred dollars
insured in said company, in addition to the amount
of his deposit note, nor more than that amount
for any such loss, after his said note shall have
been paid in and expended ; but any member, upon
payment of the whole of his deposit note, and sur-
rendering his policy, before any subsequent loss or
expense has . occurred, may be discharged from
said company.
Sec. 10. Be it further enacted. That the said
company may make insurance for any term not ex-
ceeding ten years, and any poHcy of insurance, is
226
MID. MUT. FIRE INS. CO. March 3, 1826
Mall pay losses.
PiovigS.
Redeem notes.
Proviso.
Entitled to
; ights, &c.
sued by said company, signed by the President,
and countersigned by the Secretary, shall be deem-
ed valid and binding on said company.
Sec. 11. Be it further enacted, That the directors
shall settle and pay ail losses, within three months
after they shall have been notified, as aforesaid, un-
less they shall judge it proper, within that time, to
rebuild the house, or houses, destroyed, or repair
the damages sustained, which they are hereby em- j
powered to do, in convenient time : Provided, they J
do not lay out, and expend, in such building, or re-jB
pairs, more than the sum insured on the premises.
Sec. 12. Be it further enacted. That when any
house, or other buildirg, shall b alienated, by sale,
or otherwise, the poHcy shall, thereu})on, be void,
and be surrendered to the directors of said compa-
ny, to be cancelled ; and, upon such surrender, the
assured shall be entitled to receive his, her, or their
deposit notes, upon payment of his, her, or their
proportion of all losses and expenses that have ac-
crued, prior to such surrender : Provided however,
that the grantee or alienee,^aving the poUcy as-
signed to him, may have the same ratified and con-
firmed to him, her, or them, for his, her, or their own
proper use and benefit, upon application to the di-
rectors, and with their cojisent, within thirty days
next after such alienation, on giving proper secu-
rity, to the satisfaction of said directors, for such
portion of the deposit or premium note as shall re-
main unpaid, and by such ratification and confirm-
ation, the party causing the same, shall be entitled
to all the rights and privileges, and subject to all
the liabiliifies to which the original insured was en-
titled and subjected under this act.
Sec. 13. Be it further enacted. That if any alter-
ation should be made in any house or building, by
the proprietor thereof, after insurance has been
made thereon, with said company, whereby it may
be exposed to greater risk or hazard, from fire, than
it was at the time it was insured, then, in every
such case, the insurance made upon such house, or
MID. MUT. FIRE INS. CO. March 3, 1826, 227
building, shall be void, unless an additional premi-
um and deposit, after such alteration, be settled
with, and paid to, the directors ; but no alterations
or repairs, in buildings, not increasing such risk or
hazard, shall, in any wise, affect the insurance pre-
viously made thereon.
Sec. 14. Be it further enacted, That in case any
building or buildings, situated on leased lands, and
insured by said company, be destroyed by fire, and
the owner or owners thereof shall prefer to receive
the amount of such loss in money, in such case the
directors may retain the amount of the premium
note, given for the insurance thereof, until the time
for which insurance was made shall have expired,
and at the expiration thereof, the assured shall have
a right to demand and receive such part of said re-
tained sum, or sums, as has not been expended in
losses and assessments.
Sec. 15. Be it further enacted, That if insurance
on any house, or building, shall be and subsist in
said company, and in amy other office, or from and
by any other person or persons, at the same time,
the insurance made in and by said company, shall
be deemed and become void, unless such double insu- inaurawe to u
ranee subsist, with the consent of the directors,
signified by endorsement, on the back of the policy,
signed by the President and Secretary.
Sec. 16. Be it further enacted, That the said
Daniel Richardson, Elias Phinney, John Farwell,
Joseph Butterfield, Josiah Davis, and Daniel Shat-
tuck, or either two of them, may call the first meet- First mwting
ing of the members of said company, at any suita-
ble time and place, by advertising the same in the
newspaper printed at Concord, and also in the In-
dependent Chronicle and Boston Patriot, and in the
Columbian Centinel, printed in Boston, giving, at
least, ten days notice of the time, place and design
of said meeting, for I'lhe purpose of choosing the first
Board of Directors, of making and establishing by-
laws, and of transacting any business, necessary and
proper to carry into effect the provisions and in-
228 REDUCE CAP. U. S. INS. CO. March 3, 1826.
tentions of this act : Provided hoivever, that no po-
licy shall be issued by said company, until applica-
tion shall be made for insurance on two hundred
thousand dollars, at least.
Sec. 17. Be it further enacted, That the said
Middlesex Mutual Fire Insurance Company shall
be liable to be taxed by any general law, providing
for the taxation of all similar corporations.
Proviso
Tax.
[Approved by the Governor, March 3, 1826.]
CHAR CXLIL
i
An Act to authorize the United States Insurance
Company to reduce their Capital.
J3E it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That the United States
Insurance Company be, and they hereby are, au-
thorized, to reduce their capital stock to the sum of
two hundred thousand dollars, to be vested and re-
stricted in the same way as the said company
were authorized and required to do by their act of
incorporation, passed the twenty-sixth day of Feb-
ruary, in the year of our Lord one thousand eight
hundred and twenty-five : Provided, that no con-
tracts whatever, heretofore made by said corpora-
tion, shall be in any way affected or impaired by
said reduction.
[Approved by the Governor, March 3, 1 826.]
Proviso.
RES. TAK. EXCESS. USURY. March 4, 1826. 229
CHAP. CXLIII.
An Act to establish the rate of Interest, and to re-
strain the taking of excessive Usury.
Sec. 1. oE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the in-
terest for the forbearing or giving day of pay-
ment of one hundred dollars, for a year, shall
not exceed six dollars, nor exceed that rate for a Rate of interest.
greater or lesser sum, or for a longer or shorter
time : Provided however, that no contract or assur-
ance for the payment of money, whereon may have
been taken, or whereby may have been reserved,
a greater rate of interest than is allowable by this
act, shall thereby be rendered void, but shall be va-
lid VA law for the recovery of the principal sum due
thereon, without interest, and no more ; ?c[\dL provid-
ed further, that whenever a greater rate of interest
shall have been paid than as aforesaid, no action
shall lie to recover back the same.
Sec. 2. Be it further enacted. That in the trial of
anyaction, wherein it shall appear by the pleadings
that the fact of usury shall be put in issue, it shall
be lawful for the debtor, the creditor being alive, to
become a witness, and his testimony shall be re-
ceived as evidence, unless the creditor shall offer
his testimony, in which case that shall be received,
together with any other legal evidence that may be
introduced by either party.
Sec. 3. Be it further enacted. That whenever on
j any contract or assurance for the payment of money
a greater rate of interest shall have been reserved
than is allowed by this act, and there shall have been,
before action brought, a tender and refusal of the
principal sum due at the time of such tender and
refusal, the defend ant hall recover his costs, and if
I such tender and refusal shall be in court, or judg-
Proviso.
Evidence allowed.
230 BLACKSTONE CANAL COM. Mar. 4 1826.
ment shall be confessed agreeably thereto, and the
same shall not be accepted, he shall recover his
costs from that time.
Sec. 4. Be it further enacted, That the act enti-
tled " An Act for the restraining the taking of ex-
cessive usury," passed the sixteenth day of March,
in the year of our Lord, one thousand seven hun-
dred and eighty-four, and all other acts, and parts
of acts, relating to the subject of this act, be, and
Repeal hereby are, repealed.
[Approved by the Governor March 4, 1826.]
CHAP. CXLIV.
An Act in addition to an Act entitled an " Act toin-
corporate the Blackstone Canal Company."
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That the commission-
ers, appointed and to be appointed, under the eighth
section of the act to which this is in addition, be,
and they hereby are, authorized to appraise all dam-
,ages accruing to any person or persons, corpora-
tion or corporations, by reason of flowing his, her
or their land by said Canal Company, for their use;
also to appraise all damages accruing to any person
or persons, corporation or corporations, by reason
of the detention, or diversion of any water from said
person or persons, corporation or corporations, who
may have legal right to the same.
Sec. 2. Be it further enacted. That said com-
missioners, in appraising the damages aforesaid,
shall be subject to the duties and regulaUons in
said eighth section specified, in relation to nie ap-
praisals therein mentioned : Provided nevertheless,
REGISTERS OF DEEDS. Mar. 4, 1826. 231
that if any person or persons, corporation or corpo-
rations, sustaining damages as aforesaid, shall not
file his, her, or their claim for the same, with some
one of the commissioners aforesaid, or with the
Clerk of the Court of Sessions for the County of
Worcester, within one year from and after the •
flowing, detention, or diversion as aforesaid, they
shall forever after be barred from recovering any
thing for their damages aforesaid.
[Approved by the Governor, March 4, 1826.] ,
CHAP. CXLV.
An Act in addition to the several Acts now in force,
regulating the choice of Registers of Deeds, in
the several Counties of this Commonwealth.
Sec. 1. JoE 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, in case of the death, resigna-
tion, or removal of any Register of Deeds, within <
any county in this Commonwealth, excepting the
county of Suffolk, during the term of office to which
he has been elected by the people, it shall be law-
ful, and is, hereby, made the duty of the Justices of
the Court of Sessions, within the county where such ^^l '"' ""''"'
death or resignation shall happen, to assemble, at
their usual place of holding said Courts, any law to
the contrary notwithstanding, and proceed to ap-
point, under the record of said Court, some suitable
person, being a freeholder in said county, as a Re-
gister of Deeds, until the vacancy shall be filled by
the choice of the people, in the manner hereinafter
provided.
Sec. 2. Be it further enacted, That the person
29
232 REGISTERS OF DEEDS March 4, 1826
so appointed, after being duly sworn before said
Justices, or some one of them, to the faithful dis-
Give bond. charge of the trust, shall give a bond for the faith-
ful discharge of the duties of his office, to the Trea-
surer of said county where the vacancy exists, un-
der the direction of the Justices of said Court, and
his acts and doings, in said office, shall be valid, un-
til an election shall be made by the people, and the
person so chosen shall be qualified for his office.
Sec. 3. Be it further enacted, That the Justices
of said Court of Sessions, in case any vacancy shall
hereafter be found to exist, from either of the causes
above recited, shall forthwith proceed to issue, un-
der the authority of said Court, notices to the seve-
ral towns in the said county, directed to the select-
men of said towns, requiring them to notify a meet-
ing of the legal voters in said town, in the usual
manner of calling town meetings, for the purpose
of giving in their ballots for a Register of Deeds,
for the period now regulated by law ; and the Jus-
To hold meeting, ticcsof Said Court shall give notice to the selectmen
of the day and time when such meeting shall be
holden, and the time and place when the returns
shall be made to them, of the result of said meet-
Proviso. ings : Provided nevertheless, that the time of making
said returns shall never exceed twenty days from
0, the time said notices were issued.
vSec. 4, Be it further enacted. That the Justices
of said Court of Sessions, are hereby authorized to
adjourn their Court to any future day within their
discretion, for the purpose of counting said votesy
and declaring the same ; and in case of no election
by the people, in the first instance, they may have
authority to issue like process, until an election shall
have been completed by the legal voters of the
county ; and the person thus chosen shall give his
Give bond. bond to the satisfaction of said Justices, to the
Treasurer of the county, and his acts, when thus
chosen and qualified, shall be legal and valid.
Sec. 5. Be it further enacted, That all such part
or parts of the act passed the seventeenth day of
BANKS. March 4, 1826. 233
March, Anno Domini, one thousand seven hundred
and eighty four, and of an act passed the eighteenth
day of June, Anno Domini, one thousand seven
hundred and ninety-one, and of all other acts, as
are inconsistent with this act, be, and the same are
hereby repealed. ^"p"''
Sec. 6. Be it further enacted, That the Justices
of said Court of Sessions shall be allowed a per
diem compensation, and necessary travel for their coTtipen3ai;on.
services, as are now provided by law for Justices of
the said Court.
Sec. 7. Be it further enacted, That whenever,
by reason of any of the causes aforesaid, a vacancy
shall happen in the office of Register of Deeds for
the county of Suffolk, such vacancy shall be filled
in the same way and manner, and the same mode
of procedure shall be observed, as is herein before Manner of fimn?
prescribed, excepting that the Mayor and Alder- '^''''^"'"®'
men of the city of Boston shall exercise and per-
form, for said county of Suffolk, all the powers and
duties which the Justices of the Court of Sessions,
in the other counties of this Commonwealth, are,
by this act, authorized and required to exercise and
perform.
[Approved by the Governor, March 4, 1826.]
CHAP. CXLVL
An Act further regulating the returns of Banks in
this Commonwealth.
Sec 1. Be it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That the directors of
every bank which is, or may be, incorporated, with-
in this Commonwealth, instead of the return now
234
FREE BRIDGE, BOSTON.
March 4, 1826.
T« make leturn.
required to be made on the first Saturday of Janu-
ary and June, in every year, shall make such return
on the first Saturday of May and of December, in
every year, setting forth, in the manner heretofore
provided, the state of said bank, as it existed at two
o'clock, in the afternoon of the day last mentioned,
and shall transmit the same, within fifteen days
thereafter, to the office of the Secretary of this
Commonwealth, and shall forfeit and pay one hun-
dred dollars for every day's delay beyond that
time.
Sec 2. Be it further enacted, That in addition to
the particulars now required to be specified in such
return, there shall be stated, in distinct columns,
the amount of debts due to the bank, secured by
a pledge of its stock, and also the amount of debts
due and not paid, and considered doubtful. And
secretaiy'a duty, the Secretary is hereby directed to vary the forms
of the returns in conformity with this act, and to
transmit two copies thereof to the cashier of every
bank, at least ten days before the first Saturday of
May.
Sec. 3. Be it further enacted, That all acts, and
parts of acts, inconsistent with this act, be, and they
hereby are, repealed.
[Approved by the Governor, March 4, 1826.]
Repeal
CHAP. CXLVII.
An Act establishing a Free Bridge in the City of
Boston.
Sec 1. -Be it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That Nathaniel Whit-
temore, Noah Brooks, Cyrus Alger, William Wright,
FREE BRIDGE, BOSTON. March 4, 1826. 235
Adam Bent, David Henshaw, Jonathan Hunevvell,
Francis J. Oliver, Samuel K. Williams, and Hall J.
Howe, and their associates, successors, and assigns, P«j'«°"''i'»««p«'
be, and they hereby are, constituted a corporation,
by the name of the Boston Free Bridge Corpora-
tion, with all the powers and privileges, and sub-
ject to the restrictions usually incident to such cor-
porations in this Commonwealth.
Sec. 2. Be it further enacted, That said corpora-
tion be, and they hereby are, authorized and em-
powered 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 to make Draw
over the channel, in or near a direction in a straight
line from or near Sea Street, in Boston, to the new-
ly made land at South Boston, and nearly in the di-
rection of the Dorchester Turnpike, and to erect a
wharf or pier on each side of said bridge, near said
draws, for the accommodation of vessels passing
through said bridge ; such bridge and wharves to
be built in such manner as the city government
of Boston shall approve : Provided however, that p^^^j^^
said corporation shall be holden to make compen-
sation to any person, or corporation, whose land
shall be appropriated to the use of said bridge.
Sec. 3. Be it further enacted, That no toll or du- ^ „
, ,, , -^ , • t c A ^ Toll not to be ta
ty shall ever be exacted or paid, tor any travel over ken.
said bridge, or passing the draws of the same ; and
said corporation shall always be held liable to keep
said bridge and draws in good repair, and to raise
the draw of said bridge, and afford all necessary and
proper accommodation to vessels that have occasion
to pass the same by night or by day, and shall keep
said bridge sufficiently lighted ; and if any vessel
is unreasonably delayed or hindered in passing said
draw, by the negligence of said corporation, or their
' agents, in discharging the duties enjoined on them
by this act, the owners or commanders of such ves-
sels shall recover reasonable damage therefor, of ShTgact^n: """"
said corporation, in an action on the case, before any
court proper to try the same ; and if the said cor-
236
FREE BRIDGE, BOSTON. J^arch 4, 1826,
Proviso.
Damages may be
sued for.
Committee may be
appointed.
poration shall not, within three years from the pass-
ing of this act, locate, construct, build, and com-
plete said bridge, agreeably to the provisions of this
act, then this act shall be null and void : Provided^
that whenever the city government of Boston shall
assume the care and obligations of keeping said
bridge in repair, lighting the same, and providing
facilities for raising said draw or draws, as afore-
said, then the obligations hereby imposed on said
corporation to that effect, shall be annulled, and the
same shall devolve on the said city government; in
which case, the damages mentioned in this section,
shall be sued for, before any court proper to try the
same, in either of the counties of Middlesex or Es-
sex. But unless the city government shall assume
the care and obligations aforesaid, the said corpo-
ration, before commencing the building of said
bridge, shall furnish adequate security, to the satis-
faction of the said city government, for the due per-
formance of the obligations and duties imposed on
said corporation by the provisions of this act.
Sec. 4. Be it further enacted, That any person
or corporation, whose lands may be taken for the
purpose, and in the manner, mentioned in the se-
cond section of this act, may apply, if within one
year from the time any such damage may have hap-
pened, to the court of common pleas, in the county
of Suffolk, for a committee to be appointed, to esti-
mate the damage ; and upon such application, the
court, after thirty days notice to said corporation,
to appear and shew cause, why such committee
should not be appointed, shall, if no good cause be
shewn to the contrary, appoint three or five disin-
terested freeholders within the county, at the ex-
pense of said corporation, which committee, being
first duly sworn before some justice of the peace,
to be nominated by said court, and giving due no-
tice 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
FREE BRIDGE, BOSTON. JMarch 4, 1826. 237
causes aforesaid, and if any, shall estimate the same,
and shall make return of their doings as soon as
may be, into said court, and upon acceptance of said
report, judgment may be given thereon, with rea-
sonable costs to the party prevailing. Provided
however, that either party, after the return of said ^""'"''
report, may claim a trial by jury, and the court there-
upon shall stay judgment on said report, and a trial
shall be had by jury at the bar of said court, and if
the party applying for a jury shall not obtain (in
case it be the original applicant) an increase of da-
mages, or in case it be the original respondent, a
decrease of the damages awarded by the commit-
tee, such party shall pay reasonable costs of such
trial by jury, otherwise shall recover reasonable
costs, and upon any judgment rendered upon the re-
port of such committee, or the verdict of such jury,
the court may issue execution accordingly, and the Execution may i.
same, when it shall be against said corporation, un- '"*"
less satisfied and paid within thirty days from the
rendition of such judgment, may be served and le-
vied upon the goods or estate of any individual mem-
ber of said corporation, and an action of debt
may be maintained on such judgment ; and if up-
on notice to said corporation, as aforesaid, to shew
cause why such committee should not be appoint-
ed, said corporation shall appear, and deny the ap-
plicant's title to the land taken, or claim a right to
do what is complained of, without payment of da-
mages, or for an agreed composition, the court shall
first order a trial of the issue at the bar of said
court, or if there be an issue in law, shall try it
themselves ; and, in either case, either party may
appeal to the Supreme Judicial Court, as in other Appeal
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.
Sec, 5. Be it further enacted, That if the oity
government of Boston shall, within three months
238
SALEM MILL DAM CORP. March 4, 1826.
Repeal.
from the passing of this act, determine, by a con-
current vote of both branches of the said city go-
vernment, to erect said bridge, they shall be at li-
berty so to do, on the same terms and conditions as
said Boston Free Bridge Corporation are otherwise,
by the provisions of this act, authorized to erect
the same.
Sec. 6. Be it further enacted, That an act pass-
ed on the twenty-fifth day of February, in the year
of our Lord one thousand eight hundred and twen-
ty-five, entitled, an act establishing a free bridge in
the city of Boston, be, ^ and the same is, hereby, re-
pealed.
[Approved by the Governor, March 4, 1826.]
CHAP. CXtVIIt.
An Act to incorporate the Salem Mill Dam Corpo-
ration.
Persona incotpo-
tated.
Sec. 1. -KE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That John Pickering,
Benjamin W. Crowninshield, Joseph Ropes, and
John W. Treadwell, and their associates, successors
and assigns, be, and they hereby are, made a body
politic and corporate, by the name of The Salem
Mill Dam Corporation ; and by that name may sue
and be sued, plead and be impleaded, to final judg-
ment and execution, and with power to make and
use a common seal, and the same to break and alter
at pleasure, and also to make by-laws for the regu-
lation of the affairs of the corporation : Provided,
the same be not repugnant to the constitution and
May hold proper- jg^^g ^f jjjjg Commouwealth ; and also to purchase
and hold real and personal estate, not exceeding
seven hundred thousand dollars, and to do and suffer
Proviso.
SALEM MILL DAM CORP. J[larch 4, 1826. 239
all other acts and things which bodies corporate
may or ought to do and suffer.
Sec. 2. Be it further enacted, That the said cor-
poration shall have power to build across the North
River, so called, in Salem, any dam or dams, of
such dimensions, in such place or places, and in ^^"^ ^"'"'^ '^'^""'
such directions, as they shall deem requisite, having
a gateway in the channel of the river, of twenty-
six feet wide, with a suitable pier, on each side of
the dam, for the passage of vessels, and also gates,
sluice-ways, and other things necessary for admit-
ting and retaining the tide, and other waters of said
river, at the height of the spring tides, in such man-
ner as the said corporation may judge necessary,
in order to obtain a sufficient water power for the
use of the said corporation, as hereinafter mention-
ed, and that the said North River shall be a full
basin. And the said corporation shall further have
power, from time to time, to build an37^ dam or
dams, of such dimensions, in such places, and in
such directions, as they shall deem requisite, from
any of the lands or flats, lying on, or near Bridge
Street, so called, in Salem, aforesaid, to any part or
parts of the neck, so called, with gates, sluice-ways,
and other things, necessary to discharge and ex-
clude the tide, and other waters ; and further shall
have power, from time to time, to build any dam or
dams, from Winter Island, so called, in Salem, to
any part or parts of the neck abovementioned, and
to the lands or wharves lying near or adjacent
thereto, of such dimensions, in such places, and in
such directions, as the said corporation shall deem
requisite, and further shall have power to make any
canal, or canals, across Bridge Street, so called, in May make canai
Salem aforesaid, and across the neck aforesaid, and
other lands in the vicinity of the lauds and waters
abovementioned; and also to make, within the
limits aforesaid, any road or roads, wharves, piers,
bridges, causeways, racewaj s, or other erections,
for the convenience of navigation, or for the use of
said corporation; and the said corporation may use,
30
240
SALEM MILL DAM CORP. March 4, 1826.
Committee to be
appointed.
Committee's duty-
sell or lease, in such manner, and upon such terms
and conditions, as they shall, from time to time, de-
termine, the whole, or any part, of the said water
power, or mill privileges, which they may have by
means of the waters aforesaid ; and no person shall
use or dispose of any part of said waters, for any
mill or mills, without the consent of the said cor-
poration, or shall interrupt, obstruct or divert the
said waters, or in any other way injure the said
corporation, in the premises.
Sec. 3. Be it further enacted, That any person
sustaining any damage by the building and making
of said dams, or other erections, may apply, if with-
in two years from the time when any such damage
may have happened, to the Court of Common
Pleas, holden within and for the county of Essex,
for a committee to be appointed to estimate the
damage, unless the parties shall agree to settle the
same, by arbitration or otherwise ; and upon such
application, the court, after thirty days notice to
said corporation, to appear and shew cause why
such committee should not be appointed, shall, if
no good cause be shewn to the contrary, appoint
three, or five, disinterested freeholders, within the
said county, which committee, being first duly
sworn, before some Justice of the Peace, appointed
by said court, and giving due notice to both parties,
to appear, if they see fit, and be heard before them,
shall proceed to the duties of their appointment,
and they shall inquire whether any damage has
been sustained from the causes aforesaid, and if
any, they shall estimate the same, and where the
damage is annual, they shall so declare the same in
their report ; and they shall also take into consi-
deration, and set off against such damage, any be-
nefits and advantages which may result to the par-
ty complainant, in consequence of the said mill
dams, and other erections ; and if the said benefits
shall be found to exceed, or to equal, the said da-
mages, then the said committee shall make their
report, that the complainant take nothing by his
SALEM MILL DAM CORP. March 4, 1826. 241
complaint ; and they, or the major part of them,
shall make return of their doings, as soon as may
be, into the said i^ourt ; and upon the acceptance of
said report, judgment may be rendered, foi the pre-
vailing party, with reasonable costs: Provided ne- p^^^.^^
vertheless^ that either party, after the return of said
report, may claim a trial by jury; and the said Tnai by jury.
court shall, thereupon, stay judgment on said re-
port, and, upon such application, shall issue a war-
rant to summon a jur}'^, pursuant to the provisions
of the act entitled " An Act for the support and re-
gulation of mills," and of the several acts in addition
thereto ; and the said jury shall inquire into the
damages, and estimate the same, if any ; and shall
also take into consideration, and set off against such
damage, any benefits which may result to the party
complainant, in consequence of the said mill dams,
and other erections ; and if the said benefits shall
be found to exceed, or to equal, the said damages,
then the said jury shall return their verdict for the
respondents, and judgment shall be rendered for
the respondents for costs. And if the party apply-
ing for a jury shall not obtain, in case it be the ori-
ginal applicant, an increase of damages, or in case
it be the original respondent, a decrease of the da-
mages awarded by the committee, such party shall
pay reasonable costs of such trial by jury, otherwise
shall recover reasonable costs ; and upon any judg-
ment rendered upon the report of such committee,
or the verdict of such jury, the court may issue ex- ^ay imeexecu.
ecution accordingly, and also from year to year, ''""'
where the damages awarded are annual, on motion
of the party entitled thereto, and an action of debt
may be maintained on such judgment. And if, upon
notice to said corporation, as aforesaid, to shew
cause why such committee should not be appointed,
said corporation shall appear, and deny the com-
plainant's title to the land damaged, or shall claim
a right to do the acts complained of, without the
payment of damages, or for an agreed composition,
the said court shall first order a trial of the issue at
242
SALEM MILL DAM CORP. March 4, 1826.
Appeal.
3bar6i.
Right to dispose
of property.
A.gseB8ements.
the bar of said court, or if there is an issue in law,
shall try it themselves ; and in either case, either
party may appeal to the Supreme Judicial Court,
as in other cases; and a certificate of the determi-
nation of the Supreme Judicial Court, on such ap-
peal, in favour of the original applicant, shall be
filed in said Court of Common Pleas, before such
committee shall be appointed, and where annual
damages are awarded by said committee, or said
jury, and judgment had accordingly, each party
shall be entitled to apply to said Court of Common
Pleas, for an increase or decrease of said damages ;
and thereupon the same proceedings shall be had
as upon the original application.
Sec. 4. Be it further enacted^ That the capital
stock of said corporation shall be divided into five
thousand shares, not exceeding one hundred dollars
each, certificates of which shall be issued under the
seal of said corporation, and be signed by the Pre-
sident, and countersigned by the Secretary thereof;
and the said shares shall be deemed and taken to be
personal estate, and may be transferred in such
manner as the said corporation shall determine.
Sec. 5. Be it further enacted, That the friends
or guardians of any minors, or other persons, under
legal incapacity, may, upon application to the Judge
of Probate of said county, be authorized, by him,
to dispose of, or relinquish to said corporation, or
to their use, in such manner, and upon such terms
and conditions, as the said judge shall, under all the
circumstances of the case, think just and reasonable,
any right, interest or privilege of said minors, or
other persons, in any of the flats or waters afore-
said.
Sec. 6. Be it further enacted, That the said cor-
poration, or its officers, duly authorized by its by-
laws, may, from time to time, make assessments up-
on the shares subscribed for, until the whole amount
of the said capital stock shall be paid in. And if
the proprietor of any share shall neglect or refuse
to pay any assessment for the term of thirty days
SALEM MILL DAM CORP. March 4, 1826. 243
from the time appointed therefor, the share or
shares of such proprietor, may be sold by public
auction, notice of the time and place of such sale
being given by the Treasurer of said corporation,
in one or more of the public newspapers, printed
in Salem, aforesaid, ten days, at least, previous to Noucetobegi
the time appointed therefor, and the proceeds of the ^«"
sale shall be applied to the payment of the assess-
ments, due on the share or shares so sold, with in-
terest and incidental charges ; and the surplus, if
any, shall be paid by said Treasurer, to the former
owner, or his legal representatives, on demand ;
and such sale shall give a good and complete title
to the purchaser of such share or shares, and he
shall receive a new certificate therefor : Provided ^""""'
nevertheless, that if, before the actual sale of any
such share or shares, the propiietor thereof shall
pay the assessment due thereon, with interest, from
the time they became due, and all necessary and
reasonable charges, the sale shall not proceed.
Sec. 7. Be it further enacted, That the persons
above named, or any two of them, shall call the first First meeting.
meeting of said corporation, by giving, at least, se-
ven days notice of the time and place of such meet-
ing, in one or more of the Salem newspapers; and
at said meeting there shall be chosen, by a maioritv ^*5' choose on;
of votes, a Clerk, or Secretary, who shall be duly
sworn to record the doings thereof; and any act,
or acts, may be done for the purpose of organizing
the said corporation, and arranging its affairs, at
which meeting every person shall be entitled to
one vote for each share owned by him. And the
number, powers, and duties, of the several officers,
agents and servants, of said corporation, together
with the time and manner of choosing and appoint-
ing them, and the number of votes to which the
shares of each member of the corporation shall en-
title him at future meetings, may be regulated by
the by-laws : Provided however, that no meeting, ^'°""'
as aforesaid, shall be called, before one thousand
shares shall be subscribed for ; and Provided also,
Proviso.
244 MERCH. INS. COMP. BOSTON. March 4, 1826.
that no proprietor shall be entitled to more than
twenty votes.
Sec. 8. Be it further enacted, That if said cor-
poration shall not, within the term of nve yeari|
from the passing of this act, undertake the ereciion
of any or either of said mill dams, then this act shall
be void.
Sec. 9. Be it farther enacted. That if, at any
time, the said corporation shall use the water pow-
er to be created as aforesaid, for the purpose of
carrying on manufactures, the said corporation shall
be subject to all the duties and requirements, and
be entitled to all the powers and privileges contain-
ed in the act entitled " An Act defining the general
powers and duties of manufacturing corporations :"
Proviio. Provided however^ that the members of said corpo-
ration, in their individual capacity, shall in no wise
be liable for any debts of said corporation, for a
longer time than one year after they shall have
ceased to be members thereof, unless such debts
shall, before the expiration of said term of one year,
be put in suit against such members.
[Approved by the Governor, March 4, 1826.]
CHAP. CXLIX.
An Act in further addition to an act, entitled " an
Act to incorporate the Merchants' Insurance
Company in Boston."
15 E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the Mer-
chants' Insurance Company in Boston, be, and they
hereby are authorized to purchase, hold, and con-
NORFOLK BANK IN ROXB. Mar. 4, 1 826. 245
vey real estate, as an investment of part of their
capital stock, to an amount not exceeding seventy-
five thousand dollars, any thing in the act to which
this is in addition, to the contrai^ notwithstanding.
[Approved by the Governor, March 4, 1826.]
CHAP. CL.
An Act to incorporate the President, Directors,
and Company of the Bank of Norfolk, in Rox-
bury.
Sec. 1. IjE it enacted by the Senate and House
of Representatives in Ge?ieral Court assembled, and
by the authority of the same, That Henry Gray, persons incorpo
H. A. S. Dearborn, Nathaniel Dorr, Enoch Bart- "''''
leit, Jonathan Dorr, B. F. Copeland, John Lemist,
Charles Hicklihg, David Dudley, John Bartlett,
Jonathan Hunnewell, Benjamin Weld, and Thomas
Simmons, their associates, successors, and assigns,
shall be, and hereby are, created a corporation by
the name of the President, Directors and Compa-
ny of the Bank of Norfolk, and shall so continue
from the third Monday in March, one thousand
eight hundred and twenty-six, until the first Mon-
day 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, pri-
vileges and immunities, which are contained in an
act, entitled " an Act to incorporate the President,
Directors, and Company of the State Bank," ex-
cepting 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
246
NORFOLK BANK IN ROXB. Mar. 4, 1826.
Capital stock.
IVhen paid in.
May hold real
estate.
Powers, privile-
ges, &c.
and enacted : Provided hoivever, thdii the amount
of bills issued from said Bank, at any one time,
shall not exceed the amount of the capital stock
actually paid in.
Sec. 2. Be it further enacted, That the capital
stock of said Corporation shall consist of the sum
of two hundred thousand dollars, in gold and silver,
to be, besides such part as this (commonwealth
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 first day
of May next, one-fourth part'thereof on or before the
first day of August next, one-fourth part thereof on
or before the first day of November next, and the
residue on or before the first day of February
next ; and no dividend shall be declared on the '
capital stock of said Bank, until the whole of said
stock shall have been paid in, conformably to the
provisions of this act ; and the stockholder?, at
their first meeting, shall, bj^ a majority of votes,
determine the mode of transferring and disposing
of said stock, and the profits thereof, which being
entered in the books of said Corporation, shall be
binding on the stockholders, their successors, and
assigns, until they shall otherwise determine ; and
the said Corporation are hereby made capable
in law, to have, hold, purchase, receive, possess,
enjoy, and retain, to them their successors and
assigns, lands, tenements, and hereditaments to
the amount of twenty-five thousand dollars, and
no more at any one time, with power to bar-
gain, 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 dis-
counting on banking principles, on such security
as they may think advisable : Provided however,
that nothing herein contained, shall - restrain or
prevent said Corporation from taking and holding
real estate in mortgage or on execution, to any
NORFOLK BANK IN ROXB. Mar, 4, 1826. 247
amount, as security for, or in payment of any debts
due to the said Corporation: ^^nd provided further, Proviso,
that no money shall be loaned, or discounts made,
nor shall any bills or promissory notes be issued
from said Bank, until the capital stock subscribed
and actually paid in, and existing in gold and silver
in their vaults, shall amount to one hundred thou-
sand 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 ex-
amine the monies actually existing in said vaults,
s and to ascertain, by the oath of the Directors of
said Bank, or a majority of them, that said capital
stock hath been bona fide paid in by the stock-
holders of said Bank, and towards payment of their
respective shares, and not for any other purpose ;
and that it is intended therein to remain as a part
of said capital, and to return a certificate thereof
to the Governor ; and no stockholder shall be al-
lowed to borrow any money of said Bank, until he
shall have paid in his full proportion of the whole
of said capital stock as herein before provided and
required.
Sec, 3. Be it further enacted, That the said Bank
shall be established and kept in Dudley street, in Location of Bank,
the easterly part of Roxbury ; and the whole num-
ber of Directors shall be nine ; and a majority of Numberof Di-
the Board shall be inhabitants of said town, and
no loan or discount shall be made, nor shall any
bill or note be issued by said Corporation, or by
any person on their account, in any other place
' than at the said Bank.
Sec. 4. Be it further enacted, That whenever
the Legislature shall require it, the said Corpora-
^ tion shall loan to the Commonwealth any sum of shaiiioan to thi
money which shall be required, not exceeding 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 Com-
31
548
NORFOLK BANK IN ROXB.
Mar. 4, 1826.
Proviso.
Proviso.
monwealth, with the annual payment of interest
at a rate not exceeding five per centum per annum:
Provided however^ that the Commonwealth shall
never stand indebted to said Corporation, without
their consent, for a larger sum than twenty per
centum of their capital then paid in.
Sec. 5. Be it further enacted, That the persons
herein before named, or any three of them, are au-
Gaii a meeting 1 thoHZcd to cal! a meeting of the members and
stockholders of said Corporation, as soon as may
be, at such time and place as they may see fit
to appoint, by advertising the same in the Norfolk
Gazette, a newspaper printed in Roxbury, for the
purpose of making, ordaining, and establishing
such by-laws and regulations for the orderly con-
ducting the affairs of said Corporation, as the
stockholders shall deem necessary : Provided, the
same be not repugnant to the laws and constitu-
tion of this Commonwealth, and the choice of the
first Board of Directors, and such other officers as
thev shall see fit to choose.
Sec. 6. Be it further enacted, That the Com-
monwealth shall have a right, whenever the Le-
gislature shall make provision therefor by law, to
subscribe, on account of the Commonwealth, a sum
not exceeding one hundred thousand dollars, to be
added to the capital stock of said Corporation, sub-
ject to said rules, regulations, and provisions as to
the management thereof, as shall be by the Legis-
lature made and established.
Sec. 7. Be it further enacted, That whenever
the Commonwealth 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 Common-
wealth shall be to the whole amount of stock ac-
tually paid into said Bank, if at any time hereafter
they shall see fit to exercise that right
Commonwealth
may iubscribe.
Legislature ap-
point Directors.
NORFOLK BANK IN ROXB. Mar. 4, 1826. 249
Sec 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 twenty
thousand dollars, with conditions for the faithful
discharge of his office.
Sec. 9. Be it further enacted, That the said Cor-
poration, 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 simiipaytocom
ri'T^TTP/^ mon>veaIth, &.c.
days after the first Monday of October and April
annually, the half of one per centum on the amount
of stock which shall actually have been paid in.
Sec. 10. Be it further enacted. That the said
Corporation shall be liable to pay to any bona fide Liabieto a &c
holder the original amount of any note of said
Bank, counterfeited or altered in the course of its
circulation to a larger amount, notwithstanding
such alteration ; and shall also be liable to pay to
any bona fide holder the amount of any note of
said Bank counterfeited excepting such note is
printed or impressed with the stereotype plate ;
and said Corporation shall not, at any place,
directly or indirectly, purchase, receive, pay, or
exchange, any bill or note of said Bank, or of any
other Bank incorporated within this Common-
wealth for any less sum than the nominal value ex-
pressed in su-' h bill or note.
Sec. 1 1. Be it further enacted. That the capital capital stock
stock of said Bank, or any part of it, shall not be £" »«* ^e sow,
sold or transferred during the period of one year
from the passing of this act, and in case the same
shall not be put in operation within the year afore-
said, it shall be void.
Sec. 12. Be it further enacted. That any com-
mittee specially appointed by the Legislature for
that purpose, shall have a right to examine into committee have
the doings of said Corporation, and have free ac- Tne, &c.'° ^""""
cess to all their books and vaults, and if, upon such
examination, it shall be found, and after a full hear-
ing of said Corporation thereon, be determined, by
250 CHANGE OF NAMES. Mar. 4, 1826.
the Legislature, that the said Corporation have
exceeded the powers herein granted them, or fail-
Sdf'' ^''^ ^'"' ed to comply widi any of the rules, restrictions, or
conditions in this act provided, this act of incorpo-
ration shall thereupon be declared to be forfeited
and void.
[Approved by the Governor, March 4, 1 826.]
CHAP. CLI.
An Act to change the names of the several persons
therein mentioned.
-OE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority oj the same, That Mark Alcock^
of Boston, trader, may take the name of Mark
Allcut ; that Jonathan Gardner Brewer, a minor,
son of Thomas Brewer, merchant, of Boston, may
take the name of Gardner Brewer ; that William
Brown, of Boston, merchant, may take the name of
William Austin Brown ; that David Hale, of Bos-
ton, may take the name of David Ward Hale ; that
Jane Ann Hutchings, child of the late Fitz Edward
Hutchings, of the State of Illinois, and adopted
child of William Hales, of Boston, may take the
name of Jane Ann Hutchings Hales; that Edmund
Wyatt Harring, of Boston, hat manufacturer, may
take the name of Wyatt Harrington ; that Charles
Jone»i, of Boston, may take the name of Charles
Faneuil Jones ; that William Kelton, of Boston,
may take the name of William Leeds Carlton; that
Mary Jane Kelton, wife of said William Kelton,
may take the name of Mary Jane Carlton ; and
that their six children, all minors, and under the
age of twenty one years, may take the name of
Names changed.
CHANGE OF NAMES. March 4, 1826. 251
Carlton, viz : Elizabeth Stuart Keltoii, may take
the name of Elizabeth Stuart Carlton ; that Wil-
liam Tolman Kelton, may take the name of William
Tolman Carlton ; that Margaret Dommett Kelton,
may take the name of Margaret Dommett Carlton ;
that Harriet Maria Kelton, may take the name of
Harriet Maria Carlton ; that Daniel Filmore Kel-
ton, may take the name of Daniel Filmore Carlton ;
that Sarah Jane Kelton, may take the name of
Sarah Jane Carlton ; that William Lang, Jr.
of Boston, merchant, may take of William Bai-
ley Lang ; that Nancy Newman, of Boston, ^
widow, may take the name of Ann Jane Newman ;
that Ludovicus Reed, of Boston, merchant, may
take the name of Henry Ludovicus Reed ; that
Edward Ross McLachlan, of Boston, may take tlie
name of Edward McLachlan Ross — all of the
County of Suffolk ; that Mary Bagley, a minor,
child of Joseph Bagley, of Newburyport, deceased,
may take the name of Mary Lucy Bagley ; that
John Mason Bird, of Salem, may take the name of
John Mason ; that Methuselah Boynton, of Brad-
ford, a minor, may take the name of Alfred Boyn-
ton ; that Martha Davis, of Newburyport, may
take the name of Martha Ann Davis ; that Polly
Davis, of Newburyport, may take the name of Mary
Wheelwright Davis ; that Samuel Cloon Fortune,
of MaVblehead, may take the name of Samuel
Cloon ; that William Hewes Hunkings, of Beverly,
may take the name of William Hunkings Hewes ;
that Aaron Kimball, a minor, son of David Kim-
ball, of Gloucester, may take the name of John
Stacy Kimball ; that Joseph Jackman, of New-
bury, may take the name of Joseph Noyes Jack-
man ; that John Knight, a minor, son of Adams
Knight, of Newbury, may take the name of John
J^ittle Knight ; that Mark Newman, jun. a minor,
son of Mark Newman, of Andover, may take the
name of Mark Haskell Newman ; that Hannah
Newman, a minor, child of the said Mark Newman,
may take the name of Hannah Haskell Newman ;
252 CHANGE OF NAMES. March 4, 182t^
that Lucy Grafton Pickman, a minor, child of
Dudley L. Pickman, Esq. of Salem, may take the
name of Catherine Saunders Pickman ; that Peter
Edmund Russell, of Marblehead, may take the
name of Edmund Peter Russell ; that Joseph Graf-
ton Treadvvell, a minor, son of John W. Treadvvell,
of Salem, may take the name of Joseph Treadwell
Grafton — all of the County of Essex ; that Roxala-
na Edmands, a minor, a child of Benjamin Ed-
mands, of Charlestown, may take the name of
Roxalana Graves Edmands ; that Francis Cook
Foxcroft, now resident at Harvard College, son of
Francis Augustus Foxcroft, late of Boston, mer-
chant, may take the name of Francis Augustus
Foxcroft ; that Reuben Jones, of Concord, may
take the name of William Jones — all of the Coun-
ty of Middlesex ; that Catherine Sturgis Nye
Peirce, a minor, and orphan child, adopted by her
uncle, Baalis Bullard, of Uxbridge, may take the
name of Catherine Sturgis Nye Peirce Bullard ;
that Richard Carter, son of Oliver Carter, of Lan-
caster, may take the name of Richard Bridge Car-
ter ; that Henry Carter, the 2d, of Leominster,
may take the name of Henry Wadsworth Carter ;
that James Carter, the 2d of Leominster, may take
the name of James H. Carter ; that Charles Col-
burn, 2d, a minor, son of Elisha Colburn, of Leo-
minster, may take the name of Charles Henry
Colburn ; that Josiah Johnson, 2d, of Leominster,
may take the name of Josiah Clemmons Johnson ;
that Dana Rugg, of Templeton, may take the name
of Francis Dana ; that Samuel W. Smith, of Barre,
may take the name of Warner Smith — all of the
County of Worcester ; that Nathaniel Weld Davis
Crane, of Dorchester, may take the name of Na-
thaniel Crane ; that Ezra Glover Spurr, of Quincy,
mariner, may take the name of Ezra Elijah Glo-
ver — both of the County of Norfolk ; that Abra-
ham Borden, 4th, of Troy, may take the name of
Abraham G. Borden ; that Isaac Hathaway, of
Dartmouth, may take the name of Isaac Tobey
PUi3. SHOWS & THE AT. EX. March 4, 1826. 2.'5.3
Hathaway ; that Humphrey Howland, 2d, of West-
port, may take the name of Humphrey Daniel
Howland ; that Reuben Jenney, of New Bedford,
bricklayer, may take the name of Reuben Jen-
nings — all of the county of Bristol ; that C?rlow
Allen, only son of Seth Allen, late of Falmouth, in
the County of Barnstable, may take the name of
Seth Allen ; that Shove Howland, of Amherst,
may take the name of Warren Shove Howland ;
that Wright Strong, a minor, son of Hezekiah W.
Strong, of said Amherst, may take the name of
Henry Wright Strong — both of the County of
Hampshire ; that Henry Hoyt, a minor, son of
Elihu Hoyt, Esq. of Deerfield, in the Coanty of
Franklin, may take the name of Henry King Hoyt ;
that Sybil Hawk, of West Stockbridge, in the
County of Berkshire, widow, may take the name
of Sybil Niles ; that Edward Prescott, of Boston,
aforesaid, may take the name of Edward G. Pres-
cott ; that Catherine Francis, of Charlestown, in
the County of Middlesex, may take the name of
her benefactor, Catherine Francis Eleanor Jack-
son ; that Joseph Frothingham, 3d, of Salem, may
take the name of Joseph Augustus Frothingham.
And the several persons herein named, shall here-
after 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.
[Approved by the Governor March 4, 1826.]
CHAP. CLH.
An Act to restrain Public Shows and Theatrical
Exhibitions.
Sec. 1. -OE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority oj the same, That from and
254
PUB. SHOWS & THEAT. EX. Mar. 4, 1826
Power to license.
Penalty.
f/iaWe to arrest.
after the passing of this act, the Selectmen of each
town in this Commonwealth, shall have power to
license all theatrical exhibitions, and all public
shows, and all exhibitions of whatever name or na-
ture, to which admission is obtained on payment of
money, on such terms and conditions as to them
may appear just and reasonable, and to regulate
the same from time to time, in such manner as to
them may appear necessary to preserve order and
decorum, and to prevent the interruption of peace
and quiet. And any person or persons who shall
set forth, establish or promote any such exhibition
or show, or publish or advertise the same, or other-
wise aid or assist therein, without a license so ob-
tained as aforesaid, or contrary to the terms or con-
ditions of such license, or whilst the same is sus-
pended, or after the same is revoked by said Se-
lectmen, and notice given, shall forfeit and pay a
sum pot exceeding two hundred dollars, to be re-
covered by indictment before the Supreme Judi-
cial Court, or the Court of Common Pleas for the
County in which such offence shall be committed,
to the use of this Commonwealth.
Sec. 2. Be it further enacted, That it shall be
within the power, and it shall be the duty of each
and every of the Justices of the Peace within their
respective Counties, upon complaint made to any
of them upon oath, against any person or persons,
violating or offending against this act within the
County in which such Justice is commissioned, to
cause such person or persons to be stayed or ar-
rested, and to bind him or them to appear. at the
next Supreme Judicial Court, or Court of Common
Pleas, to be held within and for the same County,
at the discretion of the Justice, and also to require
such person or persons to find sureties for the
keeping the peace, and being of good behaviour un-
til the sitting of the Court, before whicli he is to
appear, and commit such person or persons as shall
refuse or neglect to recognize and find such surety
or sureties.
MILITIA OF MASSACHU. March 4, 1826. 255
Sec. 3. Be it further enacted, That no license for
any show or exhibition shall continue and be in
force for a longer term than the time for which such
Selectmen shall have been electetl to office. And
all monies which shall be received for such licen- ^
ses, (ir any) shall be appropriated tor the benefit
of the poor of the town, in which such licenses shall
be jrranted.
Sec. 4. Be it Jurther enacted, That the act enti-
tled " An Act for preventing public Stage Plays,
Interludes, and other theatrical entertainments in
certain cases," passed on the thirteenth day of
March, one thousand eight hundred and six, be and Repeal.
the same hereby is repealed.
[Approved by the Governor, March 4, 1826.]
CHAP. CLIII.
An Act in addition to an Act, entitled '' an Act to
regulate the Militia of this Commonwealth."
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Cotcrt assembled, and
by the authority of the same, That whenever it
shall appear to a Colonel or Commandant of a
regiment or separate battalion, that any company
under his command, is without any commissioned
officer, it shall be the duty of such Colonel or Com-
mandant of a regiment or battalion to issue his or-
ders to the Clerk of said company, if any there be,
to return the roll thereof; and if there be no Clerk fumed" ^"'
to said company, then the Colonel or Commandant
of such regiment or battalion shall, in writing, re-
quire of the Selectmen of the town, or Mayor and
Aldermen of any city in which such compan^y is
situated, to make out a return to him, within ten
32
256
MILITIA OF MASSACHU.
Jliflfr.4, 1826
Forfeiture.
Required to noti-
fy-
Penally.
days next after the receipt of such request, a list
of the names of all such persons living within the
bounds of said company as are by law liable to do
military duty. And if any Clerk or Selectmen, or
Mayor and Aldermen, to whom such order or re-
quest is directed, shall neglect to comply there-
with, such Clerk, and each of said Selectmen, or
Mayor and Aldermen, so wilfully offending, shall
incur a forfeiture, not exceeding one hundred dol-
lars, nor less than fifty dollars, for each and every
such neglect, to be recovered in action of the case,
at the suit of such colonel or commandant of said
regiment or battalion, to the use of the regiment
or battalion under his command. And the colonel
or commandant of such regiment or battalion, upon
receiving such roll, or list of persons liable to do
military duty, shall, from time to time, issue his
orders to any one or more of the persons, whose
names are borne thereon, and liable to do military
duty, requiring him or them, in the manner pointed
out in the act to which this is in addition, to notify
the person named in said order, with such as may
live within the bounds of said company, and are
by law liable to do military duty therein, to appear
at the time and place appointed in said order, for
any company inspection, or training, or battalion,
regimental, brigade, or division inspection or re-
view, armed and equipped as the law directs.
And every person, to whom such orders are di-
rected, who shall refuse, or neglect to execute the
same, shall incur a penalty of not more than twen-
ty dollars, nor less than ten dollars, to be sued for
and recovered in manner and to the uses aforesaid.
And it shall be the duty of the colonel or com-
mandant of said regiment or battalion, at the time
and place appointed for the meeting of said com-
pany, by his adjutant or some other commissioned
oflicer, specially designated and authorized by him
in writing, to command said company, to train and
discipline the same, in the same way and manner,
and with the like power and authority, that an ofii-
MILITIA OF MASSACHU. Mar. 4, 1826. 257
cer duly commissioned to command such company
might do ; and all neglects of appearance, deficien-
cy of equipments, and unmilitary conduct, shall be
punished by the like fines and forfeitures, upon the Liable to fines,
complaint of the officer thus designated, as they
would be subject to upon the complaint of the
clerk of a company under the command of officers
duly commissioned therein. And upon trial of said
complaint, the officer making the same, shall be a
competent witness ; and the fines and forfeitures ApFopnation of
incurred as aforesaid, shall accrue, one moiety
thereof to the use of the regiment or battalion
within which said company is located, and the oth-
er moiety to the complainant ; and any officer hav-
ing command of such company as aforesaid, who
shall omit to make complaint of any neglect or vio-
lation of duty as aforesaid, shall be deemed guilty
of unofficerlike conduct, and be liable to be tried
by Court Martial, and punished accordingly : Pro- pom^o.
vided however,ihTit said officer shall have the same
power to excuse delinquents for non-appearance,
as commanding officers of companies by law have ;
And provided also, that whenever said company, Pf°^iso.
shall elect an officer or officers to be commissioned
therein, and such officer or officers, shall be legal-
ly qualified, under his or their commission, to dis-
charge the duties of his or their office, and to com-
mand said company, the foregoing provisions in re-
lation to said company shall cease and become in-
operative, except only as to the collection of any
fines or forfeitures, which may have been previous-
ly incurred ; and it shall be in the power of the ^:Znr'='""
commandant of the regiment or battalion in which
said company is situated, at such times as he may
deem fit, and it shall be his duty, when thereto re-
quested, in writing, by a majority of the persons
liable to enrolment in said company, but not ex-
ceeding once in a year, to issue his orders in man-
ner aforesaid, for a meeting of the qualified voters
in said company, for a choice of officers, to be
commissioned to command them pursuant to the
258
MILITIA OF MASSACHU.
Mar. 4, 1826
Proviso.
Duty of Judge
Advocate-
provisions of law, any thing herein before men-
tioned to the contrary notwithstanding.
Sec. 2. Be it further enacted, That the Select-
men of every town or district, and the Mayor and
Aldermen of every city, shall supply, at the ex-
pense of such town or district, or of such city, or
cause the commanding officer of any comy3any, in
which any non-commissioned officer or private,
resident in such town, district, or city, shall be du-
^J'ppl-JS^" "* ^^ ly enrolled, to be supplied with one quarter of a
pound of good powder made into blank cartridges,
for each non-commissioned officer or private en-
rolled as aforesaid, whenever such commanding
officer's company is ordered to parade for review :
Provided, such commanding officer makes a written
application therefor, stating therein the number of
men in his company, resident in such town, dis-
trict, or city, to be supplied.
Sec. 3. Be it further enacted, That the Judge
Advocates of the several divisioUvS, shall be the
regular certifying officers of such copies of papers
as may be required for the use of any Court Mar-
tial, Court of Inquiry, or Board of Officers, which
they shall officially attend ; and it shall be the fur-
ther duty of such Judge Advocates to make up
and certify the pay roll of such Courts and Boards
of Officers, to the office of the Adjutant General,
when the business of the same is completed.
Sec. 4. Be it further enacted. That any non
commissioned officer or private of any company
raised at large by producing a certificate from the
commanding officer of the company to which he
belongs, that he does active duty in said company,
and keeps himself properly armed, equipped, and
uniformed, shall be exempted from all duty in the
standing company within whose bounds he may
reside.
Sec. .5. Be it further enacted. That whenever the
office of clerk in any company of militia in this
Commonwealth, shall by any means, become va-
cant, and no non-commissioned [officer] or private,
Provisional ex-
emption.
Duties of Clerk
MILITIA OF MASSACHU. Mar. 4, 1826. 259
after being notified by the commanding officer of
such company, of his appointment to said office,
will accept the same, then it shall be the duty of
such commanding officer, and he hereby is autho-
rized and required, to issue his order in writing to
any non-commissioned officer or private under his
command, requiring him to perform all the duties
attached to the office of clerk, except keeping the
records : Provided hotoever, that such order shall P'^^'^^
not extend, or be in force for a longer term than
ninety days from its date, and it shall be the duty
of such non-commissioned officer or private so or-
dered, to keep a correct account of all delinquen-
cies in the company, on parade days; and to make
a true and correct statement of the same in writing
to the commanding officer, within twentj^-four
hours after the company is dismissed on each pa-
rade day, during the time of his appointment ; and
if any non-commissioned officer or private, so or-
dered, shall neglect or refuse to perform all or
any of the duties aforesaid, he shall forfeit not Forfeiture.
less than ten dollars, nor more than twenty dol-
lars, for each offence, two-thirds to the use of the
company to which he belongs, and one-third to the
use of such commanding officer, who is hereby
authorized to sue for and collect the same, in an
action of debt, before any Justice of the Peace in
the county where the offender resides.
Sec. 6. Be it further enacted^ That the records
of such company, until the office of clerk in said
company shall be regularly filled by the appoint-
ment and qualification of one of the Sergeants,
shall be kept by the commanding officer thereof,
who shall record the order appointing such acting RecordB shaii be
clerk, as aforesaid, and the records so kept shall '""'"''
be evidence of such appointment, and the person
so appointed acting clerk, shall not, during the term
for which he may be appointed, enlist into any
volunteer company, so as to be exempt from the
duties and liabilities of such appointment.
Sec. 7. Be it further enacted, That from and
evidence.
Mili'.ia on unir-
coiporated lands
260 MILITIA OF MASSACHU. March 4, 1826.
after the passing of this act, the Commander in
Chief may issue his order for organizing the mili-
tia resident on any unincorporated tract of land
within this Commonwealth, either by annexing
them to the company or companies in the town or
towns adjacent to such unincorporated tract of
land, or if their numbers will permit, into a compa-
ny or companies by themselves; and it shall be the
duty of the commanding officer of the regiment or
battalion in which any unincorporated tract of land
as aforesaid is situated, upon the receipt of such
order from the Commander in Chief for annexing
the inhabitants on such unincorporated tract of land,
liable to do military duty, to a company or compa-
nies in the town or towns adjacent thereto, to or-
der the adjutant of his regiment or battalion to en-
roll the same and make due return of such roll to
the commanding officer of the company to which
they are respectively annexed, within ten days af-
ter he shall have received his order from the com-
manding officer of his regiment or battalion, that the
same may be added to the roll of such company.
And the commanding officer of any company, to
which an annexment as aforesaid is made, shall
cause the names of the persons so annexed to be
entered on his roll, and they shall be held subject
to all the duties and liable to all the fines and for-
feitures, for neglect thereof, as other soldiers in the
militia. And if said order from the Commander in
Chief shall require the organization of the inhabi-
tants on such unincorporated tract of land liable to
military duty into a company or companies, the com-
manding officer of the regiment or battalion within
whose limits such unincorporated tract of land is
situated, shall order the adjutant of the regiment or
battalion to enroll all such persons residing thereon,
as are subject to military duty as aforesaid and to
make due return of the roll, so made out to the
commanding officer of said regiment or battalion,
within ten days from the date of his order. And it
shall be the duty of the commanding officer of such
Libale tofinas.
MILITIA OF MASSACHIJ. March '4, 1826. 261
regiment or battalion, upon the receipt of such roll,
to proceed in manner pointed out in an act to which
this is in addition, to organize such company by f^VorndT'"^"'^'
choice of officers therein, and if after having had
one election for the purpose of organization as
aforesaid, it shall appear, that no person chosen as
captain, or subaltern thereof, will accept of the same,
then the commanding officer of such regiment or
Battalion, shall detach his adjutant, or some pla-
toon officer, from his regiment or battalion, to train,
muster and discipline such company, and said offi-
cer, so detached, is hereby invested with the same
power and authority for calling out such company,
and for training and disciplining the same as is now
vested in the commanding officers of companies of
the militia in this Commonwealth ; and for any
omission or neglect of duty attached to the office of
commandant of a company, shall in like manner
be liable to be tried by Court Martial and punished court Maruai
accordingly. And it is further made the duty of
the officer so detached, to keep the records of said
company, to prosecute for and collect, to his own
use, all fines and forfeitures for neglect of duty. Fines.
disobedience of orders, or deficiencies in arms or
equipments, in manner pointed out in the thirty
fifth section of an act to which this is in addition,
for Clerks of companies to collect the same : Pro- proviso.
vided always, that the commanding officer of the
regiment or battalion to which such company be-
longs, may at any time, if thereto requested in writ-
ing, signed by a majority of the persons whose
names are borne on the roll thereof, call said com-
pany together for the choice of officers. And if, at '^['■^f^' °''^°"'
any election as aforesaid, the persons elected to "'^"
office shall accept thereof, the company shall pass
to the command of such officers so elected, com-
missioned and duly qualified, to discharge the du-
ties of their office, and the records of said compa-
ny shall be delivered up to them by the officer de-
tached as aforesaid, otherwise it shall remain un-
der the command of an officer detached as aforesaid.
262 MILITIA OF MASSACHU. March 4, 1826.
Sec. 8. Be it further enacted^ That if any com-
pany on any unincorporated tract of land, after hav-
ing been once organized as aforesaid, shall from
any cause, again become destitute of officers, the
same course shall be pursued for disciplining and
officering said company, as pointed out in the afore-
going section.
Sec. 9. Be it further enacted^ That any person
who has been, or shall hereafter be convicted of any
infamous crime before any Court which has com-
•Jriininals not ell- ..•,.. ™ i • l 11 a 1
sibic. petent jurisdiction of such crime, shall not be
eligible to any office in the militia of this Com-
monwealth.
Sec. AO. Be it further enacted, That when any
person shall hereafter be elected to the office of
Captain, Lieutenant, Ensign or Cornet, in any com-
pany of militia in this Commonwealth, and shall be
notified thereof, by the officer presiding at such
Notice of acce t- ^lection, he shall forthwith declare his acceptance,
ince. or be consiaered as declining the office to which
he has been elected.
Sec. \\. Be it further enacted. That so much
of the sixth section of an act entitled, " An act for
regulating, governing and training the militia ot this
Commonwealth," passed in the year of our Lord
one thousand eight hundred and ten, as is incon-
^^ ^^, sistent with the provisions of the tenth section of
this act, be and the same hereby is repealed.
Sec. 12. Be it further enacted. That from and
after the passing of this act, all Professors and Stu-
Pfofessors ex dcuts of auy Medical Institution in this Common-
ampted. wealth, while actually attending the same, shall be
exempted from performing military duty.
[Approved by the Governor, March 4, 1826.]
PAWTUCKET CAL. MAN. CO. Mar. 4, 1826. 263
CHAP. CLIV.
An Act to incorporate the Pawtucket Calico Man-
ufacturing Company.
Sec. 1. -OE it enacted by the Senate and House
of Representatives^ in General Court assembled^ and
by the authority of the same, That David Wilkin-
son, Jabel Ingraham, Barney Merry, and Simmons
L Hale, with such other persons as already have,
or hereafter may, associate with them, their success-
ors and assigns, be, and they hereby are, made a p^g^onsincorpo-
corporation, by the name of the Pawtucket Calico
Manufacturing Company, for the purpose of man-
ufacturing calico, and other cotton goods, and for
such purposes shall have all the powers and privi-
leges, 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 ge-
neral powers and duties of Manufacturing Corpora-
tions," and the several acts in addition to the same.
Sec. 2. Be it further enacted. That the said cor-
poration may be lawfully seized and possessed of May pogsess real
such real estate, not exceeding the value of two me.^"""* ^'
hundred thousand dollars, and such personal estate,
not exceeding the sum of two hundred thousand
dollars, as may be necessary and convenient for the
purposes contemplated in this act of incorporation.
r Approved by the Governor, March 4, 1826.]
33
264 FIRST BAP. M. H. LOWELL. March 4, 1826.
CHAP. CLV.
An Act, in addition to an Act, entitled " an Act to
incorporate the President, Directors and Com-
pany of the Sunderland Bank."
j3e it enacted by the Senate and House
of Representatives in General Coivrt assembled, and
by the authority of the same, That the President,
Directors and Company of the Sunderland Bank,
be, and they are, hereby, authorized to issue bills
from said bank, at any time, to the amount of their
capital stock, actually paid in, instead of half that
amount, as now provided.
[Approved by the Governor, March 4, 1826.]
CHAP. CLVL
An Act to incorporate the Proprietors of the First
Baptist Meeting House in Lowell.
Sec. 1. UE 27 enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That Artemas Young,
William D. Mason, Nathan Oliver, and others wlio
granted havc assoclatcd, or may hereafter associate, with
them, for the purpose of building a meeting house,
their successors and assigns, be, and they are, here-
by, made a corporation and body politic, by the
name of The Proprietors of the First Baptist Meet-
ing House in Lowell, and by that name may sue
and be sued, and may have a common seal, and
may also ordain and establish such by-laws and re-
gulations, as to them shall seem necessary and con-
venient, for the government of said corporation:
Association
FIRST BAR M. H. LOWELL. March 4, 1826. ' 265
Provided, such by-laws and regulations shall not proviso.
be repugnant to the constitution and laws of this
Commonwealth; and may purchase and hold real f^^y^**'"*?'*^"'
estate, the annual income of which shall not exceed
two thousand dollars ; and the shares of the said
corporation shall not be less than fifty, nor more
than one hundred, in number.
Sec. 2. Be it further enacted, That a meeting of
said corporation shall be holden annually, on the
second Monday of March, at which meeting the Annu^ieioction.
said Proprietors shall, by ballot, elect five Trustees,
one of whom shall be President, and any three of*
whom shall constitute a quorum for transacting bu-
siness, a Treasurer, who shall also be collector, and
a Clerk, who shall respectively be sworn to the
faithful discharge of the duties of their offices, and "
at all meetings of said corporation, each proprietor,
or his agent, duly authorized, in writing, shall have
a right to vote, and be entitled to as many votes as
he holds shares : Provided, no person shall be en- proviso
titled to more than ten votes ; and any Justice of
the Peace in the county of Middlesex is hereby
authorized to issue his warrant to some one of the
said proprietors, for the purpose of calling their
first meetins:, for the organization of said corpora- ^
, ? • • I • ^ • ^ 1 11 First meeting,
tion ; at which meetuig the said proprietors shall
agree on the method of calling future meetings.
Sec. 3. Be it further enacted. That whenever
any proprietors shall refuse or neglect to pay any
tax or assessment, duly voted and agreed on, by
said corporation, for the purposes thereof, to the
Treasurer, within sixty days after the same shall
be made payable, the said Treasurer, being there-
unto directed by the said Trustees, may sell, at
public vendue, the share, or shares, of such delin-
quent proprietor, to defray said tax, and necessary
charges, after posting notice of the time, and place,
and cause of such sale, at two or more public pla-
ces, in said town, at least thirty days previous to
such sale, and a certificate of the same under the
hand of the President and Clerk of said corporation,
Assessmsnts.
266 MERCANTILE BANK. March 4, 182 6
shall transfer all the right, title and interest of such
delinquent, in the share or shares thus sold to the
purchaser. And if the said share, or shares, so sold,
shall sell for more than the taxes or assess-
ments thereon due, and charges, the overplus shall
be paid over to such delinquent proprietors, by the
Treasurer, on demand ; or the said Treasurer may,
by the direction of the said Trustees, and in the
May Me. name of said corporation, sue and prosecute, to
final judgment and execution, any such delinquent
proprieLor, for any tax or assessment, due on any
share or shares, of such delinquent proprietor.
[Approved by the Governor, March 4, 1826.]
CHAP. CLVIL
An Act to incorporate the President, Directors and
Company of the Mercantile Bank.
Sec. 1. JdE it enacted by the Senate and House
of Representatives in General Court assembled ^
and by the authority of the same, That John Wii^n,
jun. Larkin Thorndike, Michael Shepherd, David
raTed"" Pingroc, William E. Parker, George Nichols, S.
W. Shepherd, Joseph Howard, Francis Boardman,
Timothy Bryant, jun. their associates, successors
and assigns, be, and they are, hereby, created a cor-
poration, by the name of The President, Directors
and Company of the Mercantile Bank, and shall so
continue, from the passage of this act, until the first
Monday of October which will be in the year of
our Ijord, one thousand eight hundred and thirty-
one ; and the said corporation shall alwaj^s be sub-
ject to the rules, restrictions, limitations, taxes and
provisions, and be entitled to the same rights, pri-
vileges and immunities, which are contained in an
MERCANTILE BANK. March 4, 1826. 267
act entitled, " An Act to incorporate the President,
Directors and Company of the State Bank," except
in so far as the sfime are modified or altered by this
act, as fully and effectually as if the several sections
of the said act were iierein specially recited and
enacted : Provided however, that the amount of ^'°'''"'
bills issued from said bank, at any one time, shall
not exceed the amount of capital stock actually
paid in.
Sec. 2. Be it further enacted, That the capital
stock of said corporation shall consist of the sum
of two hundred thousand dollars, in gold and silver, Amount otcapi
to be, besides such part as this Commonwealth may **'•
subscribe, in manner hereafter mentioned, divi-
ded into shares of one hundred dollars each, which
shall be paid in at such times as the stockholders
may direct; fifty per centum, however, to be paid
in on, or before, the first day of July next, and the
residue within one year- from the passing of this
act ; and no dividend shall be declared on the ca-
pital stock of said bank, until the whole of said
stock shall have been paid in, conformably to the
provisions of this act; and the stockholders, at
their first meeting, shall, by a majority of votes,
determine the mode of transferring and disposing
of said stock, and the profits thereof, which being
entered in the books of said corporation, shall be
binding on the stockholders, their successors and
assigns, until they shall otherwise determine. And
the said corporation are hereby made capable, in
law, to have, hold, purchase, receive, possess, enjo}"
and retain to them, their successors and assigns,
lands, tenements, and hereditaments, to the amount May howesut..
of twenty thousand dollars, and no more, at any one
time, with power to bargain, sell, dispose and con-
vey the same, by deed, under the seal of said cor-
poration, and signed by the President, or two of the
Directors, and to loan and negotiate their monies
and effects, by discounting, on banking principles,
on such securities as they may think advisable :
Provided hoivever, that nothing herein contained p,^,,,^
268
MERCANTILE BANK.
March 4, 182G.
Proviso.
Oath lequircd.
Location of bank
shall restrain or prevent said corporation from
taking and holding real estate, in mortgage, or on
execution, to any amount, as securit}' 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
stock subscribed, and actually paid in, and existing
in gold and silver, in the vaults, shall amount to
one hundred thousand dollars ; nor until said capi-
tal stock, actually in said vaults, shall have been in-
spected and examined 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 payment
of their respective shares, and not for any other
purpose ; and that it is intended therein to remain,
as a part of said capital, and to return a certificate
thereof to the Governor; and no stockholder shall
be allowed to borrow any money of said bank, un-
til he shall have paid in his full proportion of the
whole of said capital stock, as herein before provi-
ded and required.
Sec. 3. Be it further enacted, That the said bank
shall be established and kept in Salem ; and the
whole number of Directors shall be nine ; and a
majority of the Board shall be inhabitants of said
town ; and no loan or discount shall be made, nor
shall any bill or note be issued, by the said corpo-
ration, or by any person, on their account, in any
other place than at the said bank.
Sec. 4. Be it further enacted, That whenever
the Legislature shall require it, said corporation
shall loan to the Commonwealth, any sum of money
which shall be required, not exceeding ten per
centum of the capital stock actually paid in, at any
one time, reimbursable by five annual instalments,
MERCANTILE BANK. March 4, 1826. 269
or any shorter time, at the election of the Common-
wealth, with the annual payment of interest, at a
rate not exceeding five per centum per annum :
Provided however, that the Commonwealth shall Provuo.
never stand indebted to said corporation, without
their consent, for a larger sum than twenty per
centum of their capital, then paid in.
Sec. 5. Be it further enacted, That the persons
herein before named, or any three of them, are au-
thorized to call a meeting of the members and
stockholders of said corporation, as soon as may be, May can mmmg
at such time and place as they may see fit to ap-
point, by advertising the same in two newspapers,
printed in Salem, for the purpose of making, or-
daining and establishing such by-laws and regula-
tions, for the orderly conducting the affairs of said
corporation, as the stockholders shall deem neces-
sary : Provided, the same be not repugnant to the P"^"^''*-
constitution and laws of this Commonwealth ; and
the choice of the first Board of Directors, and such
other officers as they shall see fit to choose.
Sec. 6. Be it further enacted, That the Common-
wealth shall have a right, whenever the Legislature
shall make provision therefor, by law, to subscribe, Le-ieiature may
on account of the Commonwealth, a s-um, not ex- ^^b'scnbe.
ceeding one half the capital stock actually paid in,
to be added to the capital stock of said corporation,
subject to such rules, regulations and provisions, as
to the management thereof, as shall be, by the Le-
gislature, made and established.
Sec. 7. Be it further enacted. That whenever
the Commonwealth shall subscribe to the capital
stock of said corporation, in manner herein before
provided for, in addition to the Directors by law to
be chosen by the Stockholders, the Legislature
shall have the right, from time to time, to appoint Directors may be
a number of Directors to said bank, in proportion w''"^<='*-
as the sum paid from the treasury of the Common-
wealth shall be to the whole amount of stock
actually paid into s?id bank, if, at any time hereaf-
ter, they shall see fit to exercise that right.
fiive bond.
270 MERCANTILE BANK. March 4, 1826.
Sec. 8. Be it further enacted, That the Cash-
ier of said bank, before he enters upon the duties
of his office, shall give bond, with sureties, to the
satisfaction of the Board of Directors, in a sum not
less than twenty thousand dollars, with conditions
for the faithful discharge of the duties of his office.
Sec. 9. Be it further enacted, That the said cor-
poration, from and after the first day of October
next, shall paj', 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.
Sec. 10. Be it further enacted, That the said cor-
poration shall be liable to pa)^ any bona fide holder
the original amount of any note of said bank, coun-
terfeited or altered in the course of its circulation,
to a larger amount, notwithstanding such alteration ;
and shall also be holden to pay to any bona fide
holder the amount of any note of said bank, coun-
terfeited, unless all the notes actually issued by said
corporation shall be printed or impressed with the
stereotype plate ; and that said corporation shall
not, at any place whatever, directly or indirectly,
purchase, receive, pay or exchange, any bill or note
of said bank, or of any other bank incorporated with-
in this commonwealth, for any less sum than the
nominal value expressed in such bill or note.
Sec. 11. Be it further enacted. That in case this
act shall not be put into operation, according to the
provisions thereof, within one year from the time
of passing the same, then it shall become void.
Sec. 12. 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 term of one year, from
the passing of this act.
Sec. 13. Be it further enacted, That any commit-
tee, specially appointed for that purpose, by the
Legislature, shall have a right to examine into the
Made liable.
HOUSE OF COR. ESSEX CO. March 4, 1026. 271
doings of said corporation, and shall have free ac-
cess to all their books and vaults; and if, upon such
examination, it shall be found, and after a full hear-
ing of said corporation thereon, be determined by
the Legislature, that the said corporation have ex-
ceeded the powers herein granted them, or failed
to comply with any of the rules, restrictions or con-
ditions in this act provided, this act of incorpora-
tion shall thereupon be declared to be forfeited and
void.
[Approved by the Governor, March 4, 1826.]
CHAP. CLVni.
An Act in relation to a House of Correction in the
County of Essex.
IjE it enacted by the Senate and House
of Representatives in Ge^ieral Court assembled,
and by the authority of the same, That the Court
of Sessions in and for the County of Essex, be, and
they are, hereby, authorized and empowered, to
provide for making use of so much of any one or
more of the County Prisons, in said County, as at
their^discretion may appear to be necessary, for the
purposes of a House of Correction ; and to trans-
fer thereto any persons now confined in the present
House of Correction in said County.
[Approved by the Governor, March 4, 1826.]
34
272 PAW. & TAUN. TURN. CORP. March 4, 1826.
CHAP. CLIX.
An Act to establish the Pawtucket and Taunton
Turnpike Corporation.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That OUver Starkwea-
ther, EHjah Ingraham, Ebenezer Tyler, Edward
Walcott, Samuel Green, James C. Starkweather,
David Bucklin, and Otis French, together with such
others as have associated, or may hereafter asso-
persons incorpo- ciatc with thcm, thcir successors and assigns,
be, and they hereby are, made a corporation, by
the name of the Pawtucket and Taunton Turn-
pike Corporation, for the purpose of making a turn-
pike road from the corner of the road opposite Otis
French's house, in Seekonk, near the village of Paw-
tucket, in the County of Bristol, in the most direct
and convenient way through a part of Seekonk and
Rehoboth to Taunton Green, and shall have all the
powers and privileges, and shall also be subject to
all the duties, requirements and penalties prescribed
and contained in an act entitled " An Act defining
the general powers and duties of Turnpike Corpo
rations," and the several acts in addition thereto.
rated
»
[Approved by the Governor, March 4, 1826.]
SUFFOLK HOTEL March 4, 1826. 273
CHAP. CLX.
An Act to incorporate the Suffolk Hotel Company.
Sec. 1. -OE it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same, That William
Bordman, William Lawrence, Jeremiah Fitcli,
Charles B. Shaw, and Nathaniel Hammond, and all
such persons as may associate with them, as propri-
etors, their successors and assigns, shall be, and
hereby are, constituted a body politic and corpo- Persons incorpo-
rate, by the name of the Suffolk Hotel Company ;
and by that name may sue and be sued, defend and
be defended, in any courts of records, or other place
whatsoever ; and shall and may do and suffer all mat
ters, acts, and things, which bodies politic may do
and suffer ; and may make, have, and use a com-
mon seal, and the same at pleasure break, alter and
renew, and ordain, and put in execution, such by-
laws, ordinances, and regulations, as to them shall
appear necessary and convenient for the govern-
ment of said corporation, and for the prudent ma-
nagement of their affairs ; and for the breach of
such by laws, ordinances, and regulations, may or-
der fines and penalties, not exceeding ten dollars
for every breach : Provided, That such by-laws, or-
dinances, and regulations shall not be repugnant to
the laws of this Commonwealth.
Sec. 2. Be it further enacted, That the said
corporation be, and the same is, declared. capable
to hold, have and possess, in fee simple, or other-
wise, all, or any part of that real estate, in the city
of Boston, bounded easterly, on Hanover-street, f^fy»'°i'^'ea' «*
there measuring one hundred and fifty feet, thence
running westerly to Sudbury-square, there measur-
ing one hundred and fifty feet : Provided, The said
corporation shall acquire the same by legal grant
from the lawful proprietors thereof ; and said cor-
May have ssaJ.
Proviio.
Proviso
274 SUFFOLK HOTEL. March 4, 1826.
poration shall have power to grant, sell and alien,
in fee simple or otherwise, the said corporate pro-
perty, or any part thereof, and to lease, manage,
and otherwise improve the same according to their
will and pleasure, and by such forms of conveyance
and contract as shall by their by-laws be provided:
Proviso. Provided further, That the building to be erected
on Hanover-street shall always be kept as a public
Hotel, and for no other purposes, except the lower
story of the same fronting on said street ; the resi-
due of said estate to be occupied and improved as
a livery stable, and other purposes not incompatible
with the provisions of this act.
Sec 3. Be it further enacted, That said proprie-
tors, at any legal meeting, may agree upon the num-
ber of shares into which said estate shall be divid-
ed, and agree upon the form of certificates to be
given to the proprietors, which shares shall be deem-
ed and considered as personal estate, and shall be
transferable by assignment on the back of the cer-
tificate, recorded by the clerk of the corporation in a
book to be kept for that purpose, and shall be liable
to attachments on mesne process, and sale on execu-
tion, in the manner and according to the form of the
statutes making provision for the attachment and
sale of shares of debtors in incorporated compa-
nies.
Sec. 4. Be it further enacted, That the real es-
tate, and other property 'of said corporation, shall
Eitate, &c. liabiB bc liable to be attached on mesne process, and be
to attachment. y/Y"iii a' • \
set oti and sold on execution against the corpora-
tion, in the same manner as the property or estate
of individuals is by law subject to mesne or final
process.
Sec. .0. Be it further enacted, That said corpo-
ration shall have power, from time to time, to assess
on the stockholders such sums of money, not ex-
ceeding in the whole three hundred dollars on each
share, for the purchase, improvement, and good ma-
nagement of their estate ; and for erecting, repair-
ing, or altering buildings, or for the incidental ex-
Assessments.
SUFFOLK HOTEL. March4,in2G. 275
penses of the corporation, and to sell or dispose of
the shares of any delinquent proprietor, for the
payment of such assessment, in such way and
manner as said corporation may, by their by-laws
and regulations determine and agree upon.
Sec. 6. Be it further enacted, That, in all meet- uj^nto^ote
ings of the stockholders in said corporation, each
member shall be entitled to one vote for each share
held by him.
Sec. 7. Be it further enacted^ That either of the
persons named in the first section of this act, may
call the first meeting of said corporation, by adver-
tisins; in any newspaper printed in Boston, three .
~ , y III 1 1 (' 1 ^"^^ meeting.
tmies, the first not less than three days beiore the
time appointed for such meeting ; and the corpora-
tion at their first meeting, and afterwards annually,
on such day as shall be established by the by-laws,
shall choose a President, Clerk, and such other Di- omc"L """""
rectors or officers, as they may see fit, which clerk
shall be under oath ; they may also agree upon the
mode of calling future meetings.
Sec 8. Be it further enacted, That all covenants
or contracts which shall be made by said corpora-
tion, and all debts due from it, shall be binding on
each one and all of those persons, individually, who
shall be stockholders in said corporation, w4ien such duri*rbind"n"!'"
contracts respectively are made, and on their re-
spective heirs, executors, and administrators, in the
same manner as if such covenants or contracts
had been made in debts contracted by such stock-
holder or stockholders in his or their individual ca-
pacity.
Sec. 9. Be it further enacted, That the Legisla-
ture shall have authority to alter, amend, or repeal Legislature may
this act, at any time after the expiration of twenty '''^"'*"'
years.
[Approved by the Governor, March 4, 1826.]
276
ANDOVER BANK.
March 4, 1826.
CHAP. CLXI.
An Act to incorporate the President, Directors and
Company of the Andover Bank.
Persons incorpo-
rated.
Rules, &c.
Proviso
Amount of capi-
tal.
Sec. 1. JljE it enacted by the Senate and House
of Representatives in General Cotcrt assembled, and
by the authority of the same, That Samuel Farrar,
Joseph Kitteridge, Amos Abbot, Nathaniel Swift,
Amos Spaulding, Henry Skinner, Francis Kidder,
Hobart Clark, Mark Newman, their associates, suc-
cessors and assigns, shall be, and hereby are, crea-
ted a corporation, by the name of The President,
Directors and Company of the Andover Bank, and
shall so continue, from the passing of this act, until
the first Monday of October, which will be in the
year of our Lord, one thousand eight hundred and
thirty-one ; and the said corporation shall always
be subject to the rules, restrictions, limitations, tax-
es and provisions, and be entitled to the same rights,
privileges and immunities which are contained in
an act entitled, " An act to incorporate the Presi-
dent, Directors and Company of the State Bank,"
except 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 hoivever, that the amount
of bills issued from said bank, at any one time, shall
not exceed the amount of the capital stock actually
paid in.
Sec. 2. Be it farther enacted, That the capital
stock of said corporation shall consist of the sum
of one hundred thousand dollars, in gold or silver,
to be, besides such part as this Commonwealth may
subscribe, in manner herein after mentioned, divi-
ded into shares of one hundred dollars each, which
shall be paid in at such times as the stockholders
may direct, fifty per centum, however, to be paid
in on or before, the first day of July next, and the
ANDOVER BANK. March 4, 1826. 277
residue within one year from the passing of this
act ; and no dividend shall be declared, on the capi-
tal stock of said bank, until the whole of said stock
shall have been paid in, conformably to the provi-
sions of this act ; and the stockholders, at their first
meeting, shall, by a majority of votes, determine M„^,,ft,,„,f„
the mode of transferring and disposing of said
stock, and the profits thereof, which, being en-
tered in the books of said corporation, shall be
binding on the stockholders, their successors and
assigns, until they shall 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 five thousand dollars, and no more, at any one M»y how estate.
time, with power to bargain, sell, dispose of, and
convey the same, by deed, under the seal of said
corporation, and signed by the President or two of
the Directors, and to loan and negotiate their mo-
nies and effects, by discounting, on banking princi-
ples, on such securities as they may think advisa-
ble : Provided hotvever, that nothing herein contained
shall restrain or prevent said corporation from taking ^'°''"°
and holding real estate, in mortgage, or on execu-
tion, to any amount, as security for, or in payment
of, any debts due to said corporation ; and Provided pjovijo
further, that no monies shall be loaned, or discounts
made, nor shall any bills or promissory notes be is-
sued from said bank, until the capital stock sub-
scribed and actually paid in, and existing in gold
and silver, in the vaults, shall amount to fifty thou-
sand dollars, nor until said capital stock, actually
in said vaults, shall have been inspected and ex-
amined by three commissioners, to be appointed commissioners
by the Governor, for that purpose, whose duty it
shall be, at the expense of the corporation, to ex-
amine the monies actually existing in said vaults,
and to ascertain, by the oath of the Directors of
said Bank, or a majority of them, that said capital
Stock hath been, bona fide, paid in by the stock-
Certificate.
278 ANDOVER BANK. March 4, 1826.
holders of said bank, and towards payment of their
respective shares, and not for any other purpose,
and that it is intended therein to remain as a part
of said capital, and to return a certificate thereof to
the Governor; and no stockholder shall be allowed
to borrow any money of said bank, until he shall
have paid in his full proportion of the whole of said
capital stock, as herein before provided and re-
quired.
Sec. 3. Be it further enacted, That the said bank
Location of bank, shall be establishcd and kept in Andover ; and the
whole number of Directors shall be nine, five of
whom shall constitute a quorum for transacting bu-
siness ; and a majority of the Boat'd shall be inha-
bitants of said town ; and no loan or discount shall
be made, nor shall any bill or note be issued by the
said corporation, or by any person, on their account,
in any other place than at said bank.
Sec. 4. Be it further enacted, That the persons here-
in before named, or any two of them, are authorized
First meeting, to Call a mccting 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 adver-
tising the same in one of the newspapers printed
in Boston, and one printed in Salem, for the pur-
pose of making, ordaining and establishing such
by-laws and regulations, for the orderl}^ conducting
the affairs of said corporation, as the stockhold-
proviso. ers shall deem necessary : Provided, the same
be not repugnant to the constitution and laws
of this Commonwealth ; and the choice of the
first Board of Directors, and ?uch other officers
as they shall see fit to choose ; and at said meeting,
and at all subsequent meetings of the stockholders,
all matters shall be determined by the major votes
of the persons present at such meeting, who are
stockholders, or who, by authority, in writing, re-
present stockholders.
Sec. .^. Be it further enacted. That, whenever
the Legislature shall require it, said corporation
shall loan to the Commonwealth any sum of money
which may be required, not exceeding ten per
Majority.
ANDOVER BANK. March 4, 1S26. 279
centum of the capital stock actually paid in, at any
one time, reimbursable by five annual instalment?,
or any shorter time, at the election of the Common-
wealth, with the annual pa} 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.
Sec. 6. Be it further enacted. That the Com-
monwealth shall have a right, whenever the Legis-
lature shall make provision therefor, by law, to
subscribe, on account of the Commonwealth, a sum Legislature may
not exceeding one half of the capital stock actually
paid in, to be added to the capital stock of said cor-
poration, subject to such rules, regulations and pro-
visions, as to the management thereof, as shall be,
by the Legislature, made and established.
Sec. 7. Be it further enacted, That whenever the
Commonwealth shall subscribe to the capital stock
of said corporation, in manner herein before pro-
vided for, in addition to the Directors by law to be
chosen by the stockholders, the Legislature shall
have the right, fiom time to time, to appoint a num-
ber of Directors to said bank, in proportion as the Directors may be
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.
Sec. 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 Give bond.
Board of Directors, in a sum not less than twenty
thousand dollars, with conditions for the faithful
discharge of his office.
Sec. 9. Be it further enacted, That the said cor-
poration, from and after the first day of October
next, shall pay, by v/ay of tax, to the Treasurer of
this Commonwealth, for the use of the same, within Tax
ten days after the first Monday of October and
April, annually, the half of one per centum on the
35
280 ANDOVER BANK. March 4, 1826.
amount of stock which shall have actually been
paid in.
Sec. 10. Be it further enacted. That the said cor-
poration shall be liable to pay any bona fide holder
the original amount of any note of said bank, coun-
terfeited or altered, in the course of its circulation,
to a larger amount, notwithstanding such alteration,
and shall also be holden to pay to any bona fide
i,iabietopay,&c. holder thc amouut of any note of said bank, coun-
terfeited, unless all the notes actually issued by
said corporation, shall be printed or impressed with
the stereotype plate ; and that said corporation
shall not, at any place whatever, directly or indi-
rectly, purchase, i eceive, pay or exchange, any bill
or note of said bank, or of any other bank, incorpo-
rated within this Commonwealth, for any less sum
than the nominal value expressed in such bill or
note.
Sec. l\. Be it further enacted, That the capital
stock of said bank shall not be sold or transferred,
but be holden by the original subscribers thereof,
for and during the term of one year from the pass-
ing of this act.
Sec. 12. Be it further enacted, That in case this
act shall not be put into operation, according to the
Charter, how for- • • .? n •.! • r» xiT i*
feited. provisions thereoi, within one year irom the time
of passing the same, then it shall become void.
Sec. 13. Be it further enacted, That any com-
mittee, specially appointed for that purpose, by the
Committee have Legislaturc, shall have a right to examine into the
tneSc!""*""" doings of said corporation, and shall have free ac-
cess to all their books and vaults ; and if, upon such
examination, it shall be found, and, after a full hear-
ing of said corporation thereon, be determined by
the Legislature, that said corporation have exceed-
ed the powers herein granted them, or failed to
comply with any of the rules, restrictions or condi-
tions, in this act provided, this act of incorporation
shall thereupon be declared to be forfeited and
void.
[Approved by the Governor, March 4, 1826.]
HINGH. MUX. FIRE INS. CO. Mar. 4, 1826. 281
CHAP. CLXII.
An Act incorporating the Hinghani Mutual Fire
Insurance Company.
Sec. 1. JjE zY enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That Isaiah Wilder, f^^^*"* '"""'i^^
Seth Cushing, David Whiton, John Beal, Edward
Wilder, Martin Fearing, Elpalet Loring, James
Stephenson, Samuel Sprague, Seth Cushing, jun.
Joseph Cushing, Jotham Lincoln, Elijah Whiton,
2d, Pyam Cushing, Matthew Burr, Benjamin An-
drews, Moses Whiton, Leavitt Souther, Wilson
Whiton, Moses Sprague,jun. Hawkes Loring, Levi
Corthel, jun. Jacob Groce, William Gorden, Martin
Leavitt, Loring Corthel, Thomas Fearing, Fearing
Loring, John Fearing, Benjamin Thomas, Thomas
Loud, David Andrews, Welcome Lincoln, Atson
Studley, Caleb Hobart, jun. Elijah D. Wild, Jede-
diah Lincoln, David Harding, and their associates,
shall be a corporation by the name of the Hing-
hani Mutual Fire Insurance Company, and possess
all the powers and privileges incident to such cor- i
porations for twenty-eight years. ;
Sec. 2. Be it further enacted, That said Corpo-
ration shall choose a number of Directors, not less Jlosen"" *" ''*
than five, and such other officers as they shall judge ' '
necessary, and establish such by-laws as they may j-
deem necessarj^, not inconsistent with the Consti- j
tution 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.
Sec. 3. Be it further enacted, That when the sum
subscribed by the associates to be insured shall
amount to the sum of fifty thousand dollars, said
corporation shall then be authorized to insure for
282
HINGH. MUT. FIRE INS. CO. Mar. 4, 1826.
Appropriation of
funds, &c.
Execution on pri-
vate property.
Liable to pny as-
sessment, &c.
the term of one to seven years, any dwelling house
or other building in the town of Hingham, to any
amount not exceeding three quarters of the value
of the property insured.
Sec. 4. Be it further enacted, That the funds
of the Corporation shall be vested in stocks, or
loaned on such security as the Directors may or-
der, and the funds shall be appropriated, first, to
pay the expenses of the Corporation, and next to
pay the damages which any member may be en-
titled to recover on his policy. In case any mem-
ber 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 proportion to the
amount of his premium or deposit, but shall not,
in any case, exceed double the amount of said
premium and deposit.
Sec. 5. Be it further enacted, That whenever any
member shall recover judgment, and the Directors
shall neglect to satisfy and pay the same within
sixty days after demand made for that purpose
upon the Treasurer, Clerk, or any Director of
said Corporation ; then the execution issuing upon
such judgment may be levied upon the private
property of any of said Directors, to the amount of
the excess of the funds of the Corporation, togeth-
er with the amount of all the assessments they are
authorized to make, over and above the amount
due on judgments previously demanded ; and any
Directors who may have their property taken, may
sustain an action on the case to recover compen-
sation therefor of the Corporation, or a proportion-
al part thereof, and contribution therefor of the
other Directors.
Sec. 6. Be it further enacted, That as each mem-
ber of this Corporation is liable to pay such as-
sessments as the Directors shall order, and like-
wise to pay his deposit note, given for his premium,
now to secure the payment of the same, it is here-
4
ProTiso.
Duty of Tieasui •
HINGH. MUT. FIRE INS. CO. Mar. 4, 1826. 283
by 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 pre-
vent the Corporation from taking any other kind
of collateral security.
Sec. 7. Be it further enacted, That in case it
shall become necessary to resort to such lien as is
before provided, it shall be the duty of the Treas-
urer, before he attempts to compel payment by
selling the insured premises, first to demand pay-
ment of the insured, and, in case of his decease, of
his legal representatives, and likewise of the occu-
pant of the insured estate ; in case payment is not
thereupon made, said Corporation may then sus-
tain an action on the case against the insured, or
his legal representative, for any sum due either on
a deposit note, or by assessments, and the execu-
tion 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 equi-
ties of redemption on execution ; and the insured
shall likewise have a right to redeem the estate 5;|!'**'^""^^'"^
thus sold within one year, by first paying to the
purchaser, or his assigns, the amount for which
the estate shall be thus sold, and interest on such
amount, at the rate of twelve per cent per annum.
Sec. 8. Be it further enacted, That whenever
the term of any policy shall expire, the member of
said Corporation holding such policy, shall have a
right to demand of said Corporation his just pro-
portion of all the funds of said Corporation.
Sec. 9. Br^ it further enacted, That said Corpo-
ration shall be liable to be taxed by any general Liawetobt
law of the Commonwealth. Any two members '*"'^'
284 SALES AT AUCTION. JkTar. 4, 1826.
First meeting. Hained ill this act may call the first meeting, by
giving notice thereof in one or more public places
in the town of Hinghani.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXIII.
An Act in addition to an Act, entitled " an Act im-
posing a duty on Sales at Auction," and the Acts
in addition thereto.
-t>E 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 first day of April next, in lieu of all du-
ties heretofore imposed by law on sales at Auc-
tion or public Vendue of stocks of the United
States, of the several States, of shares of the stock
of incorporated Banks, Insurance and Manufactur-
ing Companies, there shall be paid one-tenth of
one per centum on the amount of such sales, any
thing in the act or acts to which this is in addition,
to the contrary notwithstanding.
[Approved by the Governor, March 4, 1 826.]
\EWBURYPOR T BRIDGE. March 4, 1826. 28i
CHAP. CLXIV.
\n Act to incorporate the Proprietors of the New-
buryport Bridge.
Sec. 1. Jl>E it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That James Prince,
John Wood, Stephen Frothingham, and such others
as have associated with them, and their successors Pe"on« imcorpo
' rated.
and assigns, be, and they hereby are constituted
and made a body politic and corporate, by the
name of the Proprietors of the Newburyport Bridge,
and by that name may sue and be sued, to final
judgment and execution; may have a common seal,
and the same at pleasure break and annul.
Sec. 2. Be it further enacted, by the authority
aforesaid, that said proprietors be, and they here-
by are authorized and empowered at any time
within three years next after the passing of this
act, but not afterwards, to erect a Bridge over and Mey erect Bridg.
across Merrimack River, at some convenient point
between the westerly side of Kent street, and the
easterly side of Market street in Newburyport, to
some convenient point in the town of Salisbury ;
said Bridge to be n*ot less than thirty six feet wide,
from outside to outside, with arches measuring in
all not less than seven hundred and fifty feet in the
clear, none of which arches shall be less than one
hundred feet, and one of which shall be at least
one^hundred and fifty feet long ; the lowest part
of each arch over the channel to be at least fifteen
feet high above common high water. There shall u^^^
also be a draw not less than thirty eight feet wide
for the accommodation of vessels, and other river
craft having a mast or masts higher than will readi
ly pass under the draw, to be opened at all times
on demand, free from expense or toll, and a suita-
ble pier on each side of the Bridge at the draw :
p<]
286 NEWBURYPORT BRIDGE. March 4, 182G.
and upon the draw there shall be one lamp, and
over the centre of the highest arch there shall be
Bridgeto be light- ^'^^ lamp; and said bridge shall be sufficiently
lighted. And said bridge shall also be covered
with timber or plank, in all parts where timber or
plank are necessary ; and at all times kept in good
repair, and safe for passengers with their teams, or
otherwise, where the weight to be carried over
does not exceed four tons ; and shall also be railed
with a good railing on both sides thereof, not less
than three and a half feet high, for the safety and
security of passengers, and for the accommodation
of persons who may have occasion to pass vessels
through the bridge, from one side to the other.
Said proprietors shall place, and at all times keep
placed, one good anchor above, and one below said
draw, with a buoy to facilitate the passage through
the bridge.
Sec. 3. Be it further enacted, That said Propri-
etors be, and they hereby are authorized and em-
May make road- powcrcd, to lay out aud make a road four rods
wide from their bridge on the Salisbury side, to the
county road leading to the east meeting house in
said Salisbury, at the expense of said proprietors ;
said Corporation to be held liable for all damages
to be sustained by any person or persons whose
Damages, l^v^^ is takcu for said road ; the amount of damage,
if the parties cannot agree, to be ascertained in the
way prescribed by law for damages sustained by
individuals, whose lands are taken for public roads ;
and it shall be the duty of said Corporation, at all
times to keep said road in good repair, and conven-
ient and safe for all having occasion to use it. And
there shall be a sufficient path way on the side of
the bridge for foot passengers, and there shall be a
fence on each side of the road or causeway.
Sec. 4. Be it further enacted, That for the pur-
pose of reimbursing said proprietors, the money
they may expend in building and supporting said
bridge and road, they be, and hereby are authorized
and empowered to take and receive, for passing
jVEWBURYPORT bridge. March, 4, 1826. 281
over said bridge, the same tolls which the Essex tou
Merrimack Bridge are authorized and empowered
to take, said toll to commence on the first day when
said bridge and road are opened for passengers,
and to continue for the term of forty years next
after and no longer; but after tliat time said bridge
shall revert to, and become the property of the
Commonwealth, and be surrendered by the pro-
prietors for the time being in good repair.
Sec. 5. Be it further enacted, That the shares
in said bridge and road shall be deemed personal
property, and divided into one thousand shares, and sbares
liable to be taken on mesne process or execution,
as the property of the owner or owners thereof,
in the same way and manner as is now by law pro-
vided for taking the share or shares of individuals
in Banking Corporations.
Sec. 6. Be it further enacted, That said proprie-
tors shall be held to pay, to the owners of lands in
Newburyport and Salisbury, such damages as they
may sustain by reason of the erection of said bridge Dainas"-
upon their lands, and the passing of said road lead-
ing to said bridge, over their lands.
Sec. 7. Be it further enacted, That iifter the ex-
piration of thirty years, the Legislature shall have
a right to regulate the tolls to be taken at said
bridge.
Sec. 8. Be it further enacted. That any Justice
of the Peace in the County of Essex, on the appli-
cation of any three of the proprietors, be, and here-
by is authorized, to call the first meeting ; and
said proprietors at their first meeting shall elect
a Clerk, to record the transactions of the Corpora- pifst meetin-'
tion, who shall be sworn to tlie faithful performance
of the duties of his office, and shall at all times
keep a fair record of their doings ; and shall also
choose five directors, one of whom shall be Presi-
dent of the Corporation, and, as such, elected by
the Board of Directors. The first meeting shall be
called by printing an advertisement thereof in some
public newspaper printed in Newburyport, at least
36
288
NEWBURYPORT BRIDGE. March 4, 1826,
Proviso.
Aseessmentg.
six days before the time appointed for holding said
meeting; at which time, or at any future meeting,
said proprietors may agree upon the mode of calling
future meetings ; and may make such rules reg-
ulations and by-laws as they may think meet, and
may annex penalties thereto, not exceeding five
dollars. Provided, such rules, regulations and by-
laws shall in no way be repugnant to the Constitu-
tion, or laws of the Commonwealth.
Sec. 9. Be it further enacted, That nothing in
this act contained shall preclude said proprietors
from making any of the aforesaid arches higher or
wider.
Sec. 10. Be it further enacted. That the Direct-
ors be, and they hereby are authorized to make,
from time to time, such assessments on the shares
of the proprietors, as may be found necessary to
make and comjjlete said bridge, or to make any re-
pairs of the same : and if the owner of any share or
shares, shall refuse or neglect, for the space of
twenty days after notice, to pay such assessment,
the Treasurer for the time being, may cause the
share or shares of such delinquent stockholders to
be sold at public auction, for the payment there-
of, first giving notice of the time and place of sale,
four days at least, and not more thaa twenty days,
previous to the time appointed ; and the balance,
if any, arising from such sale, after paying the as-
sessment, and all reasonable charges, shall be paid
over to the owner or owners of such share or shares
on demand.
[Approved by the Governor, March 4, 1826.]
CAMBRIDGE BANK. March 4, 1826. 2S9
CHAP. CLXV.
An Act to incorporate the President, Directors and
Company of the Cambridge Bank.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assefhbled, and
by the authority of the same^ That James P. Chap- person, incorpn-
lin, Benjamin Bip;elow, John Trowbridge, William '^"^
Billiard, Eliab W. Metcalf, and Israel Porter, 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 Cam-
bridge Bank ; and shall so continue, from the pas-
sage of this act, until the first Monday of October,
which will be in the year of our Lord one thousand
eight hundred and thirty-one ; and the said corpo-
ration shall always be subject to the rules, i-estric-
tions, limitations, taxes and provisions, and be enti-
tled 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 ef-
fectually as if tlie several sections of said act were
herein specially recited and enacted : Provided Ptoviso.
however, that the amount of bills issued from said
bank shall not exceed the amount of capital stock
actually paid in.
Sec. 2. Be it further enacted^ThdA the capital stock
of said corporation shall consist of the sum of one
hundred and fifty thousand dollars, in gold or silver, Amount of capi
to be, besides such part as this Commonw ealth may **''
subs(;ribe, in manner hereinafier mentioned, divided
into shares of [onej hundred dollars each, which shall shares.
be paid in at such times as the stockholders may
direct, fifty per centum, however, to be paid in on
or before the first day of June next, and the residue
within one year from the passing of this act ; and
290
CAMBRIDGE BANK.
March 4, 182tJ>
Mode of transfer.
May hold estate.
ffOVlSCfe
Proviso.
Co>nmiss:oneis.
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 transferring and disposing of -said stock, and
the profits thereof, which being entered in the
books of said corporation, shall be binding on the
stockholders, their successors and assigns, until
they shall otherwise determine. And the said
corporation are hereby made capable in law to have,
hold, purchase, receive, possess, enjoy and retain,
to them, their successors and assigns, lands, tene-
ments, and hereditaments, to the amount of ten
thousand dollars and no more, at any one time, with
power to bargain, sell, dispose and convey the
same, by deed, vmder the seal of said corporation,
and signed by the President, or two of the Direct-
ors ; and to loan and negotiate their monies and
effects, by discounting on banking principles, on
such securities as they may think advisable ; Pro-
vided hoivever, that nothing herein contained shall
restrain or prevent said corporation from taking
and holding real estate in mortgage, or on execu-
tion, to any amount, or security for, or in payment
of any debts due to the said corporation ; and pro-
vided further^ that no monies shall be loaned, or dis-
counts made, nor shall any bills or promissory notes
be issued from said bank, until the capital stock
subscribed and actually paid in, and existing in gold
and silver in the vaults, shall amount to fifty thou-
sand 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 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
Location of bank
Loan.
CAMBRIDGE BANK. March 4, U26. 201
shares, and not for any other purj3ose ; and that it
is intended therein to remain, as a part of said cap-
ital ; and to return a certificate thereof to the Go-
vernor ; and no stockholder shall be allowed to bor-
row any money of Faid bank, until he shall have
paid in his full proportion of the whole of said capi-
tal stock, as herein before provided and required.
Sec. 3. Be it further enacted, That the said bank
shall be established and kept in the town of Cam-
bridge, and village of Cambridgeport; and the whole
number of Directors shall be nine, and a majority
of the Board shall be inhabitants of said town ; and
no loan or discounts shall be made, nor shall any bill
or note be issued by the said corporation, or by any
person on their account, in any other place than at
the said bank.
Sec. 4. Be it further enacted, That whenever the
Legislature shall require it, said corporation shall
loan to the Commonwealth any sum of money which
shall be required, not exceeding ten per centum of
the capital stock actually paid in, at any one time,
reimbursable by five annual instalments, or any
shorter time, at the election of the Commonwealth,
with the annual payment of interest, at a rate not
exceeding five per 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.
Sec. 5. Be it further enacted, That the persons
herein before named, or any three of them, are au-
thorized 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 news-
papers printed in Boston, for the purpose of mak-
ing, ordaining, and establishing such by-laws and
regulations, for the orderly conducting the affairs
of said corporation, as the stockholders shall deem
necessary : Provided, the same be not repugnant
to the constitution and laws of this Commonwealth ;
proviso.
First meeting
292
CAMBRIDGE BANK.
March 4, 182e,
Officers chosen.
Commonwealth
may subscribe.
Legislature ap-
point Directors.
Cashier give
bo^id.
Slmll pay to Com-
monwealth, &.C.
and the choice of the first Board of Directors, and
such other officers as they shall see fit to choose.
Sec. 6. Be it further enacted, That the Common-
wealth shall have a right, whenever the Legislature
shall make provision therefor, by law, to subscribe
on account of the Commonwealth, a sum not ex-
ceeding one half the capital stock actually paid in,
to be added to the capital stock of said corpora-
tion, subject to such rules, regulations and provi-
sions, as to the management thereof, as shall be by
the Legislature made and established.
Sec. 7. Be it further enacted, That whenever the
Commonwealth shall subscribe to the capital stock
of said corporation, in manner herein before provi-
ded 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 num-
ber of Directors to said bank, in proportion as the
sum paid from the Treasury of the Commonwealth
shall be to the whole amount of stock actually paid
into said bank, if at any time hereafter they shall
see fit to exercise that right.
Sec 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 twenty
tliousand dollars, with condition for the faithful dis-
charge of his office.
Sec. 9. Be it further enacted, That the said cor-
poration, from and after the first day of October
next, shall pay, by way of tax, to the Treasurer
of this Commonwealth, for the use of the same,
within ten days after the first Monday of October
and April, annually, the half of one per centum on
the amount of stock actually paid in.
Sec. 10. Be it further enacted. That the said cor-
poration shall be liable to pay any bona fide holder
the original amount of any note of said bank, coun-
terfeited or altered, in the course of its circulation,
to a larger amount, notwithstanding such alteration,
and shall also be holden to pay to any bona fide
CAMBRIDGE BANK. March 4, 1826. 293
holder the amount of any note of said bank, coun-
terfeited, unless all the notes actually issued by said
corporation shall be printed or impressed with the ^"^^ ''*'''''
stereotype plate ; and that said corporation shall
not, at any place whatever, directly or indirectly,
purchase, receive, pay or exchange any bill or note
of said bank, or of any other bank, incorporated
within this Commonwealth, for any less sum than
the nominal value expressed in said bill or note.
Sec. 11. Be it further enacted, That in case this
act shall not be put into operation, according to
the provisions thereof, within one year from the
time of passing the same, then it shall become
void.
Sec. 12. Be it further e?iacted, Th2it the capital
stock of said bank shall not be sold or transferred,
but be holden by the original subscribers thereof, Limitation
for and during the term of one year from the pass-
ing of this act.
Sec. 13. Be it further enacted, That any com-
mittee, specially appointed, by the Legislature, for
that purpose, shall have a right to examine into the
doings of said corporation, and shall have free ac-
cess to all their books and vaults ; and if, upon
such examination, it shall be found, and, after a full commissioners
hearing of said corporation thereon, be determined,
by the Legislature, that the said corporation have
exceeded the powers herein granted them, or failed
to comply with any of the rules, restrictions or con-
ditions in this act provided, this act of incorporation
shall, thereupon, b^ declared to be forfeited and
void. /
[Approve]^ by the Governor, March 4, 1826.]
294 BOSTON TRACT SOC. March 4, 182G,
CHAP. CLXVT.
An Act in addition to an act entitled, " An Act to
incorporate the President, Directors and Com-
pany of the Union Bank, in the town of lioston."
JlJE it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That the President, Di^
rectors and Companj- of the Union Bank, in Boston,
incorporated on the twenty third day of June, in,
the year of our Lord, one thousand eight hundred
anci twelve, be, and they are, hereby, authorized to
have and to hold real estate, exclusive of mort-
gages, to the value of one hundred and fifty thou-
sand dollars, any thing in the act to which this is in
addition, to the contrary notwithstanding.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXVH.
An Act to incorporate the Boston Tract Society.
Sec. L xJE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That John Tappan,
lienry Homes, David Hale and James Clap, and
Persons i«corpo- their associatcs be, and they are, hereby, incorpo-
"''^^- rated and made a body politic, for the purpose of
distributing Religious Tracts, by the name of the
Boston Tract Society, with power to make by-laws,
consistent with the laws of the Commonwealth, for
the admission of other associates, for the regulation
of said society, and the preservation and applica-
ASIATIC BANK. March 4, 1826. 295
tioR of its funds^ to have a common seal, to make
contracts, to sue and be sued, to receive by subscrip-
tion, gift, demise, purchase, or otherwise, any es- ^''*'"
tate, real, personal, or mixed, and the same hold,
occupy, lease, or sell and dispose of, for the sole
benefit of said society : Provided, the same shall
not exceed thirty thousand dollars.
Sec. 2. Be it further enacted, That James
Clap be, and he is, hereby, authorized to call the
first meeting of the said Society, by giving public First meeting
notice of the time and place, in one or more news-
papers, printed in Boston, at least three days prior
to such meeting.
Sec. 3. Be it further enacted,. That this act shall
be in force for the term of twenty years, and no
longer.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXVIil.
All Act in addition to an Act to incorporate the
President, Directors and Company of the Asiatic
Bank.
Sec 1. Jt»E it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That the President,
Directors and Company of the Asiatic Bank be, and
they hereby are, authorized and empowered to in-
crease their present capital stock, by an addition of
three hundred thousand dollars thereto, in shares K""*"'
of one hundred dollars each, which shall be paid in
in such instalments, and at such times, and shall be
so disposed of as a majority of the stockholders, at
any legal meeting, may direct and determine : Pro- ,„,j,^
vided however, that the sum added to the capital
37
296
Liable to be
taxed.
Proviso.
W. I. WHARF, BOSTON.
March 4, 1826.
stock, by virtue hereof, shall be paid in within
twelve months from the passing of this act.
Sec. 2. Be it further enacted^ That the addi-
tional stock aforesaid, shall be subject to the like
tax, regulations, restrictions and provisions as the
capital stock of said corporation is now liable to,
by virtue of the act to which this is in addition.
Sec. 3. Be it further enacted^ That the said
President, Directors and Company be authorized,
whenever the same shall be voted at any legal
meeting called for that purpose, to increase the
number of Directors of said Company to any
number not exceeding twelve : Provided hoivever,
it be done within twelve months from the passing
of this act.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXIX.
Persona incorpo-
rated.
An Act to incorporate the Proprietors of West In-
dia Wharf, in the City of Boston.
Sec 1. JlJE it enacted by the Senate and Home
of Representatives in General Court assembled, and
by the authority of the same, That William Foster,
Leonard Foster, and Charles C. Foster, all of Bos-
ton aforesaid, and their associates, successors and
assigns, be, and they hereby are, constituted a bo-
dy politic and corporate, by the name of The Pro-
prietors of the West India Wharf; and the said
corporation, by the same name, are hereby declared
and made capable, in law, to sue and be sued, to
plead and be impleaded ; to have a common seal,
and the same to alter and renew at pleasure ; to
make rules and by-laws, for the regulation and ma-
Bagement of their property, consistent with the
W, I. WHARF, BOSTON. March 4, 1826, 297
laws of the Commonwealth, and generally to do and
execute whatever, by law, shall appertain to bo-
dies politic.
Sec. 2. Be it further enacted, That the said cor-
poration be, and hereby is, declared capable to have,
hold, and possess the following real estate, in the j^^ ^^,^ ^^^^^
City of Boston, whenever the lawful proprietors *^
thereof shall legally convey the same to the said
corporation, to wit : a piece of land, wharf and dock,
bounded westerly on a forty foot passage way, in
a line with Broad Street, two hundred and thirty-
four feet, more or less, northerly on a town passage
way and dock, lying between Rowe's Wharf and
Foster's Wharf, to the channel; easterly on the
channel, three hundred thirty-seven feet, more or
less, and southerly on Burkstead and Harris's ship,
or graving yard, or however otherwise the said es-
tate may be bounded, together with all the rights,
privileges and appurtenances thereof; and the said
corporation shall have power to sell, grant, alien May sen.
and convey, in fee simple, or otherwise, their cor-
porate property, or any part thereof, and lease, ma-
nage and improve the same, according to the will
and pleasure of said corporation, to be expressed at
any legal meeting.
Sec. 3. Be it further enacted, That the said cor-
porate property shall be divided into two hundred
shares in number, as the said corporation ma}^ find siiares
to be most expedient ; and said shares shall be di-
vided among the several proprietors, according to
the interests and portions which they may respect-
ively have in the said corporate property ; and cer-
tificates of such shares shall be signed by the Pre-
sident of the corporation and issued to the proprie-
tors accordingly ; and such shares shall, in all re-
spects, be considered as personal estate, and shall
be transferable by endorsement on said certificates,
and the property in such shares shall be vested in ^"^•*^'
the assignee or vendee thereof, when a record shall
be made thereof, by the clerk of the corporation,
and new certificates shall be issued accordingly.
298
W. I. WHARF, BOSTON.
March 4, 1826,
Assessments.
JL'mitationi.
Provka.
Fir»t raeetinff,.
Sec. 4. Be it further enacted^ That the said corpora-
tion shall have power, from time to time, to assess such
sums of money as may be deemed necessary, for
the irwprovement and good management of the cor-
porate estate, not exceeding, in the whole, five hun-
dred dollars on each share. And in case any pro-
prietor shall refuse or neglect to pay any assess-
ment, the said corporation may cause such of the
shares of such proprietor, as may be sufficient
therefor, to be sold at public auction, after thirty
days notice, to the highest bidder; and after de-
ducting the amount assessed, and unpaid, together
with the charges of sale, the surplus, if any, shall
be paid over to such proprietor ; and the purchaser
of sue Si share or shares, so sold, shall be entitled to
receive a certificate of the same.
Sec. 5. Be it further enacted, That the real es-
tate which the said corporation shall have and hold
at any time, by virtue of this act, shall not exceed,
in value, the sum of two hundred thousand dollars ;
and in all meetings of the members of said corpora-
tion, each proprietor shall be entitled to one vote for
every share held by him in said corporation ; but
no one proprietor shall have more than ten votes :
Provided, always, that no assessment shall be made
at any meeting, unless the same shall be agreed to
by two thirds, at least, in number of votes of those
present, or represented at said meeting, nor unless
public notice shall have been given, at least ten
days previous to such meeting, of the purpose of
such meeting, by publication thereof in one or
more newspapers printed in Boston. Proprietors
may appear and act by proxy, in writing, at any
meeting.
Sec. 6, Be it further enacted. That either of them
the said William, Leonard, or Charles C. Foster,
may call a meeting of said corporation, by adverti-
sing the same in any newspaper printed in Boston,
ten days at least before the time of meeting ; and
that the said corporation may, at such meeting, a-
gree on the mode of calling future meetings ; and
INSTRUCTION OF YOUTH. March 4, 1826. 299
shall elect a President and Clerk, and may elect all
such other officers as said corporation may think
fit for conducting and managing the corporate af- ^'jj[ <=''°o'= o"^-
fairs and estate, and the same may change and
remove, as said corporation shall see fit.
Sec. 7. Be it further enacted, That said corpo-
ration shall continue and be in force for the term of
twenty years from the time of the passage of this
act, unless sooner repealed by the Legislature.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXX.
An Act further to provide for the Instruction of
Youth.
Sec. 1. UE it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That each town in scuooicommutee
this Commonwealth, shall, at the annual March or tL dut /Thereof.
April meeting, choose a School Committee, consist-
ing of not less than five persons, who shall have
the general charge and supermtendence of all the
public schools in said town ; and it shall be the
duty of said committee, to visit the schools in said
town, w hich are kept through the year, at least
once a quarter, for the purpose of making a careful
examination of the same, and to see that the
scholars are properly supplied with books ; also, to
inquire into the regulation and discipline of such
schools, and the proficiency of the scholars there-
in ; and it shall also be the duty of said committee
to visit each of the district schools in said town,
for the purposes aforesaid, on some day during the
first week of the commencement thereof, and also
on some day during the last two weeks of the
300
INSTRUCTION OF YOUTH.
Mar. 4, 1826,
Committee to vis-
it schools.
Further duty of
committee.
Books furnished.
same ; and it shall further be the duty of one or
more of said committee to visit all the schools in
the town, at least once a month, for the purposes
aforementioned, without giving previous notice
thereof to the instructors. And it is hereby fur-
ther made the duty of said committee, to require
full and sati'fefactory evidence of the good character
and qualifications of said instructors, conformably
to the laws now in force relating to the subject ;
or to require them to furnish such other evidence
of character and qualifications, as shall be equally
satisfactory to said committee ; and no instructor
shall be entitled to receive any compensation for
his service, who shall teach any of the schools
aforesaid, without first obtaining from said com-
mittee a certificate of his fitness to instruct.
Sec 2. Be it further enacted, That the school
committee of each town shall direct and determine
the class books to be used in the respective class-
es, in the public district and town schools of the
town ; and the scholars sent to such schools shall
be supplied by their parents, masters, or guardians,
with the books prescribed for their classes ; and
the school committee of each town shall procure,
at the expense of the town, and to be paid for out
of the town treasury, a sufficient supply of such
class books for the public district and town schools,
and give notice of the place or places where such
books may be obtained : and such book shall be
supplied to scholars at such prices as merely to
reimburse to the town the expense of procuring
the same ; and in case any scholars shall not have
been furnished by his or her parent, master, or
guardian, with the requisite books, every such
scholar shall be supplied therewith by the school
committee, at the expense of the .town, and the
school committee shall give notice, in writing, to
the assessors of the town, of the names of the
scholars so supplied by them with books, of the
books so furnished, the prices of the same, and the
names of the parents, masters, or guardians, who
INSTRUCTION OF YOUTH. Mar. 4, 1826. 301
ought to have swpplied the same ; and said asses-
sors shall add the amount of the books so supplied,
to the next annual tax of the parents, masters, or
guardians, who ought to have supplied the same :
and the amount so added shall be levied, collected,
and paid into the town treasury, in the same man-
ner as the public taxes : Provided hotoever, that Proviso.
in case such assessors shall be of opinion that any
of such parents, masters, or guardians are not able,
and cannot afford, to pay the whole expense of the
books so supplied on their accounts respectively,
such parents, masters, or guardians shall be exone-
rated from the payment of the whole, or a part of
such expense, and the said assessors shall omit to
add the amount of such books, or shall add only a
part thereof, to the annual tax of any such parent,
master, or guardian, according to the proportion of
such expense, which such parent, master, or guar-
dian shall, in their opinion, be able and can afford
to pay.
Sec. 3. Be it farther enacted, That all questions
arising in any district respecting the removal or
the changing the scite of the district school-house, hoSe"*^ '*''""''
and also, where any district shall be divided by
any town, all questions arising respecting the di-
vision of the district property or funds, except the
property or funds accruing from donations or vo-
luntary grants, and also, all questions arising as to
the contribution or compensation to be made by
the party retaining any of the estates or property
of the district so divided, shall be determined in
the same manner, and by the same proceedings, as
are provided to determine the scite of a district
school-house, by an act passed on the twenty-
eighth day of February, in the year of our Lord
one thousand eight hundred, in addition to the act
to which this is in addition.
Sec. 4. Be it further enacted. That this act shall
be in force on and after the first Monday of April E" '" '' '"
next ; and all provisions of former acts, inconsist-
302 INSTRUCTION OF YOUTH. Mar 4, 1826.
ent with the provisions of this act, are hereby
repealed.
Report to Becre- Sec. .5. Bc it further ciiacted, That the school
committee, in the city of Boston, and in the seve-
ral towns in this Commonwealth, be, and they
hereby are, required to report to the Secretary of
this Commonwealth, on the first day of June, of
each year, for three years next ensuing, the amount
of money paid in their respective city or towns,
each preceding year, for the instruction of youth,
designating, as far as is convenient or practica-
ble, the amount paid for the instructors of public
schools, the number of academies and private
schools, the estimated amount of compensation of
the instructors of academies and private schools,
the number of school districts into which said city
or town is divided, and the length of time in said
year, during which, the several schools were kept
Subject .f report, in Said town, the number of pupils, male and fe-
male, designating those of each sex under seven
years of age, between seven and fourteen, and
over fourteen ; and also, what number of children,
living in said city or towns respectively, ov^er seven
years of age, and under fourteen, do not attend
school, and whether there are any, and what num-
ber of persons over fourteen years of age, and un-
der twenty-one years of age, who have had a right
to education in the public schools in this Common-
N wealth, who are unable to read or write ; and that
they further report, what is the average annual ex-
pense of school books for each pupil in the pub-
lic schools of their said city or town, and whether
there are any, and what number of children pre-.j
vented from attending school by reason of suchj
expense.
Sec. 6. Be it further enacted, That the Secre-
tary of this Commonwealth furnish to each town]
and city in this Commonwealth a blank form of re-
turn in manner following :
INSTRUCTION OF YOUTH. Mar. 4, 1826.
:503
o
(/5
o
o
X
o
Number of per-
sons over 14 years
unable to read &.
write.
Number of per-
sons prevented
by expense of
school books.
Number of chil-
dren from 7 to
16 not attend-
ing Bchool.
Expense of school
books for each
pupil in town
schools.
Estimated am'nt
of private tui-
tion fees.
Estimated num-
ber of pupils in
private schools.
Numbet of acad-
emies and pri-
va:te schools.
xn
O
O
g|
o
From 14 up-
wards.
From 7 to 14-
H
X
Under 7.
Oh
From 14 and
upwards.
Oh ^
From 7 to 14.
Under 7
yetn0.
Time of keep-
ing schools in
the year.
No. of public
school dis-
tricts.
Amount paid
for public in-
struction.
^
^
6
[Approved by the Governor, March 4, 1826.]
38
304
HIGHWAYS,
March 4, 1826.
CHAP. CLXXI.
An Act in addition to an Act directing the method
of laying out Highways.
Commifsioners.
Power to hoW
meetingi.
Sec. 1. Be it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That for each
county in the Commonwealth, except the counties
of Suffolk and Nantucket, there shall be appointed
and commissioned, by His Excellency the Govern-
or, by and with the advice and consent of the
Council, to hold their offices for five years, unless
sooner removed by the Governor and Council, five
Commissioners of Highways, except in the counties
of Dukes and Barnstable, in which there shall be
appointed only three, who shall be inhabitants of
such county, and who shall be sworn to the faithful
discharge of the duties of their trust, one of whom
shall be designated as Chairman by his commission,
and whenever any vacancy shall happen in said
board of Commissioners, by death, resignation or
otherwise, such vacancy shall be filled by the Go-
vernor and Council.
Sec. 2. Be it further enacted. That when a new
highway or common road, from town to town, or
place to place, shall be wanting, or when any high-
way or common road, already laid out, stated and
established, may with convenience be turned, alter-
ed or discontinued, application therefor shall, by
petition in writing, be made to the said commis-
sioners alone, any three or more of whom shall have
power to hold meetings for the purpose of receiv-
ing the said petitions, and performing all the duties
prescribed by this act, at such time or times, place
or places, as they shall see fit, upon giving reason-
able notice thereof.
Sec. 3. Be it further enacted. That the said com-
missioners, upon said petition being preferred, shall
HIGHWAYS. March 4, 1826. 305
proceed to view the route of the highway mentioned
in the same, if they shall deem such view proper,
having first given reasonable notice to all persons
and corporations interested, of the time and place of
such view, and after such view, and hearing of the
parties, shall have power to order and determine
upon the making, altering, turning or discontinuing
such highway, or any part thereof, and shall also
estimate the damages, if any, which any person or
corporation shall sustain in his, her, or their real Damages.
estate, by means of such highway being made, al-
tered, turned or discontinued, and make return of
their doings in the premises, with an accurate plan
or description of the highway so nicvJe, altered,
turned or discontinued, to the next Court of Ses-
sions, to be holden after such service shall be per-
formed, to the end that the same may be there re-
corded and known and recognized as a highway :
Provided however, that said commissioners, before ^'°''"'
they proceed to lay out or alter any highway, shall
adjudge the same to be of common convenience
and necessity.
Sec. 4. Be it further enacted, That the commis-
sioaers shall have power, and it shall be their duty,
to cause all roads located by them, to be construct-
ed and finished to the acceptance of the said com-
missioners, in such manner as will best promote the Jj™"'""*-*
public interest, and all expenses thtis incurred shall
be certified by the commissioners to the Court of
Sessions, who shall draw the warrant in favour of
the party building the same, which warrant shall be
satisfied out of the treasury of the county, and all
acts, decisions and orders, whether they relate to
the location, construction or discontinuance of any
roads, shall be returned to the Court of Sessions,
and the same be recorded in said Court.
Sec. 5. And be it further enacted, That the several
counties in this Commonwealth shall pay the dama-
ges sustained by any person or corporation, in his,
her or their real estate, by laying out, altering or
discontinuing of any highway, as aforesaid, and for
306
HIGHWAYS.
March 4, 1826,
JPfovijtBi..
ftovisok
the construction of the same, and any person or bo-
dy corporate, aggrieved by the doings of said com-
missioners, shall have like remedies and processes,
as are provided in the several acts to which this is
in addition, in the same way and manner as if this
act had not been passed : Provided, that all roads
laid out, but not worked at the time this act takes
effect, shall be subjected to the supervision and re-
view of the commissioners aforesaid, and the said
commissioners shall have all the powers, and the
counties subjected to all the liabilities, in reference
to such roads, as are provided for new roads by
this act : Provided also, that all business in rela-
tion to the laying out, alteration or discontinuance
of county roads, now pending in the several
Courts of Sessions, together with all the papers
thereto relating, shall be transferred to said com-
missioners, who shall proceed therein agreeably to
the provisions of this act.
Sec. 6. Be it further enacted, That for all servi-
ces done by virtue of this act, each of the said com-
missioners shall receive at the rate of three dollars
compensatML per day, and one dollar for every ten miles travel,
and the petitioners shall pay the said commissioners
at the same rate, for all services rendered in taking a
view or otherwise, in case the said commissioners
shall decide against the prayer of said petition.
Sec. 7. Be it further enacted, That all acts and
parts of acts, inconsistent with the provisions of
this act, be, and the same are, hereby, repealed :
Provided, that this act shall not affect the right of
the Selectmen of towns, or the Mayor and Alder-
men of City of Boston, to lay out and make
roads within their towns or said City, in the same
manner as heretofore, when the same shall be deem-
ed expedient.
Sec 8. Be it further enacted. That this act shall
take effect from and after the first day of July next.
[Approved by the Govenior, March 4, 1826.]
TtemhiK
FORNICATION, &c. March 4, 1826. 307
CHAP. CLXXII.
An Act to alter the time for holding the Court of
Sessions in the County of Franklin.
j3E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That from and af-
ter the passing of this act, the term of the Court of
Sessions, now by law established, to be holden at
Green 6eld, within and for said county of Franklin,
on the second Tuesday of September, shall be
holden on the first Tuesday of September annually,
any law to the contrary notwithstanding.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXXIII.
Ah Act in addition to an Act, entitled " an Act for
the pnnishment of Fornication, and for the main-
tenance of Bastard Children."
JlJE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That when any
man shall have been imprisoned ninety days, for ^""p"
failing to comply with any order of Court to find
sureties, as provided in the second section of the
act to which this is in addition, he shall be entitled
to the benefit of the act, entitled " an Act for the
relief of Poor Prisoners who are committed by ex-
ecution for Debt," passed on the nineteenth day of
November, in the year of our Lord one thousand
seven hundred and eighty-seven, and the several
308 QUINNABAUG MAN. COM. March 4, 1826.
fro^iM. acts in addition thereto : Provided, such prisoner
shall procure the service of a notification of the
time and place appointed for him to take the oath
prescribed for poor debtors, to be served on the
Town Clerk of the town in which the child, of
which he has been adjudged the reputed father,
has its legal settlement, if there be such town in
the Commonwealth; and on the mother of said
child, if living in the Commonwealth, thirty days
before the time appointed for administering the
fro»i.o oath ; And provided also, that said town, or the
mother of said child, shall, at all times after such
prisoner shall have been liberated from prison, by
taking said oath, have a right to recover, by action
of debt, in any Court proper to try the same, any
money which ought to have been paid to them re-
spectively by said prisoner, in pursuance of said
order of Court.
[Approved by the Governor, March 4, 1 826.]
CHAP. CLXXIV.
An Act to incorporate the Quinnabaug Manufactu-
ring Company.
Sec. 1. Be it enacted by the Senate and House
of Representatives in General Court assembled, and
r«r.on«incorpo- jjy fhe authority of the same, That Henry Fiske,
and Lyman Fiske, together with such others as
may hereafter associate with them, and their suc-
cessors, be, and they are hereby made a Corpora-
tion, by the name of the Quinnabaug Manufacturing
Company, for the purpose of manufacturing cotton
and woollen goods in Sturbridge; and shall have
all the powers and privileges, and be subject to all
the duties, requirements and penalties, contained
CAPE COD FIRE & M. INS. CO. Mar. 4, 1826. 309
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
in the several acts in addition thereto-
Sec. 2. Be it further enacted^ That the said Cor-
poration may be lawfully seized and possessed of fnypeSnar*.-
such real estate, not exceeding the value of one ^*'*
hundred thousand dollars, and such personal estate,
not exceeding one hundred and fifty thousand dol-
lars, as may be necessary and convenient for car-
rying on their business.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXXV.
An Act to incorporate the Cape Cod Fire and
Marine Insurance Company.
Sec. 1. iJE it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That Freeman Ba- Persons ineorpo.
ker, Edward B. Hallet, Charles Hallet, Seth Kil- '^'"'■
ley, Zeno Killey, David K. Akin, Oliver Hallet,
Ichabod Sherman, Roland Lewis, Caleb Reed,
Oren Howes, Henry Thacher, Lewis Crowell, An-
sel Hallet, Nathan Hallet, and Randel Hallet, with
their associates, successors, and assigns, be, and
they are hereby incorporated into a company and
body politic, by the name of the Cape Cod Fire
and Marine Insurance Company, with all the pow-
ers and privileges granted to insurance companies, Powers granud
and subject to all the restrictions, duties and obli-
gations contained in a law of this Commonwealth,
entitled " an Act to define the powers, duties and
restrictions of Insurance Companies," passed on
310 CAPE COD FIRE & M. INS. CO. Mar. 4, 1826.
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," pass-
ed on the twenty-first day of February, in the year
of oar Lord one thousand eight hundred and twen-
charter limited, ty, for aud duHUg thc term of twenty years, after
the passing of this act; and by that name may
May sue «nd be suc aud be sucd, plead and be impleaded, appear,
'"^ ' " prosecute and defend to final judgment and execu-
tion, and may have a common seal, which they
may alter at pleasure ; and may purchase, hold,
May hold real and and couvey auy estate, real or personal, for the
persona esta e. ygg ^f gj^j^j (;;Qj^pjjjjy . Providcd, the said real es-
tate shall not exceed the value of twelve thousand
dollars, excepting such as may be taken for debt,
or held as collateral security for money due to said
Company.
Sec. 2. Be it further enacted. That the capital
Capital stock. stock of Said Company, exclusive of premium
notes, and profits arising from business, shall be
one hundred thousand dollars, and shall be divided
into shares of one hundred dollars each, fifty per
cent, of which shall be paid in money, by each and
every subscriber, on the amount of his subscrip-
tion, within ninety days after the first meeting of
said Company, and the residue shall, within twelve
months from the passing of this act, be secured by
a deposit of stock of some bank within this Com-
monwealth, or shall be paid in money in such sum
or sums, and at such time or times, (the last pay-
ment not to exceed twelve months from the pass-
age of this act) and under such penalties, as the
said President and Directors shall, in their discre-
tion, direct and appoint ; and so much of the said
capital stock of said Company as shall be paid in
money as before provided, shall, within six months
from the time the same is paid in, be invested ac-
cording to the provisions of " an Act to define the
powers, duties, and restrictions of Insurance Com-
CAPE COD FIRE & M. INS. CO. Mar. 4, 1826. 31 1
panics," passed the sixteenth day of February,
Anno Domini one thousand eight hundred and
eighteen.
Sec. 3. Be it further enacted^ That the stock,
property, affairs, and concerns of the said Compa-
ny shall be managed and conducted by nine Direc-
tors, 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, Directors to be
and citizens of this Commonwealth, and shall be
elected on the first Monday of January annually,
at such time of the day, and in such place in Yar-
mouth, as the Directors, for the time being, shall
direct; of which election public notice shall be
given in any newspaper printed in the county of
Barnstable, or any newspaper printed in the city of
Boston, ten days, at least, previous to the meeting,
and the election shall be made by ballots, by a ma-
jority 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 Proviso.
more than ten votes, and absent stockholders may
vote by proxy, under such regulations as the said
company shall prescribe ; and if, by any accident
or mistake, the Directors should not be chosen on
the said first Monday of January as aforesaid, it
shall be lawful to choose them on any other day in
the manner herein provided ; and it shall be the
duty of the Secretary of said company, at any time,
upon application, in writing, of the proprietors of
twenty per centum of the capital stock, to call a secretary to can
meeting of the stockholders, to be holden at such ''"'""'"••
time and place in Yarmouth as they shall direct,
for the purposes mentioned in such application, by
giving like notice thereof as is herein required for
the election of Directors.
Sec. 4. Be it further cnactad, That the Direc-
tors, when chosen, shall meet as soon as may be
afver every election, and shall choose out of their
bodv one pers6n to be President, who shall be
39
3i:
CAPE COD FIRE & M. INS. CO. Mar. 4, 1826.
Vacancies m&y
be filled.
Majority.
Pioviso,
Call a meeting
sworn or affirmed to the faithful performance of
the duties of his office, and who shall preside for
one year ; and in case of death, resignation, or ina-
bility to serve, of the President, or any Directors,
such vacancy or vacancies may be filled for the
remainder of the year in which they may happen,
by a special election for that purpose, to be noti-
fied, and held, in the same manner as is herein be-
fore provided respecting annual elections of Di-
rectors.
Sec. 5. Be it further enacted, That the President
and four of the Directors, or five of them in his ab-
sence, shall be a Board competent to the transac-
tion of business, and all questions before them shall
be decided by a majority of votes ; and they shall
have power to make and prescribe such by-laws,
rules, and regulations as to them shall appear
needful and proper, touching the management and
disposition of the stock, property, estate, and ef-
fects of said company, and the transfer of the
shares, and touching the conduct and duties of the
several officers, clerks and servants employed, and
the election of the Directors, and all such matters
as appertain to the business of insurance ; and who
shall have power to appoint a Secretary and so
many clerks, for carrying on the said business, and
with such salaries and allowances to them and to
their President, as to the said Board shall seem
meet; Provided, such by-laws and regulations
shall not be repugnant to the constitution and laws
of this Commonwealth.
Sec. 6. Be if further enacted, That any five of
the p4*rsons named in this act, are hereby autho-
rized to call a meeting of said company, by adver-
tising the same in any newspaper printed in the
county of Barnstable, or in the New England Palla-
dium, printed in the city of Boston, fourteen days
at least before the da}^ on which the choice is to
be made, for the purpose of electing their first
Board of Directors, who shall remain in office until
the first Monday of January next, and until others
CAPE COD FIRE & M. INS. CO. Mar. 4, 1826. 313
shall be elected in their stead : Provided however, proviso
that this charter shall be void and of no effect un-
less put in operation, agreeably to the terms of it,
within one year from and after the passing of this
act : ^nd provided also, that said company shall Proviso.
not take any risk, or subscribe any policy by virtue
of this cf't, until one moiety of the capital of said
company ' ihall have actually been paid in or se-
cured in manner before provided.
Sec. 7. Be it further enacted, That the said com-
pany shall never take, on any one risk against fire Limitation
or other risks, 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, or secured
agreeably to the provisions of this act.
Sec. 8. Be it further enacted, That said lusu- Location
ranee Company shall be located and kept in the
town of Yarmouth.
Sec. 9. Be it further enacted. That said Insu- , ^, ^
d~\ 1111 Til 1 11 Liable to be taz-
rance Company shall be liable to be taxed by a ^^^
general law providing for the taxation of all simi-
lar corporations.
Sec. 10. Be it further enacted, That the capital
stock of said company shall not be sold or trans- ,VtV '*"?]'
1111111 1 ••! 1 • shall not be sold,
ferred, but shall be holden by the original subscri- ^'^
bers thereto, for and during the period of one year
after this charter shall be put into operation as
aforesaid.
[Approved by the Governor, March 4, 1826.]
314
JUR. IN DUKES & iNAN. CO. March 4, 1826.
CHAP. CLXXVI.
Jurort excused
Repeal.
An Act relating to Jurors in the Counties of Dukes
County and Nantucket.
Sec. 1. JjE it enacted by the Senate 7-^ul House
of Representatives in General Court assembled, and
by the authority of the same, That whenever, in
the selection of Jurors in the Counties of Dukes
County and Nantucket, in the manner now pre-
scribed by law, it shall appear by the endorsement
on the ticket, that the person whose name is borne
on said ticket, has served as a Juror within two
years, the name of such person shall be returned
into the box ; and no person shall be eligible to
serve as a Juror more than once in two years, un-
less such person shall be returned by the Sheriff,
de talibus circumstantibus, to complete the pannel.
Sec. 2. Be it further enacted, That the num-
ber of persons whose names shall be kept in the
Jury Box, shall not exceed one for every forty per-
sons in the County of Nantucket, and one for every
thirty persons in the several towns in Dukes Coun-
ty, computing by the last Census which may have
been taken next before the preparing the box.
Sec. 3. Be it further enacted, That an act passed
February twenty fifth, in the year of our Lord one
thousand eight hundred and twenty five, entitled
" an act relating to Jurors," be and the same is
hereby repealed, so far as regards the Counties of
Dukes County and Nantucket.
[Approved by the Governor, March 4, 1826.]
BILLS OF EXCHANGE, March 4, 1826. ;ji;
CHAP. CLXXVn.
An Act to regulate damages on foreign Bills of Ex-
change.
Sec. 1. J3E z7 enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority oj the same, That whenever any
Bill of Exchange drawn or endorsed within this
Commonwealth, after the first da}^ of April next,
payable without the limits of the United States of
America, or the territories thereof (not including
places in Africa, beyond the Cape of Good Hope,
Asia or the islands thereof) upon being duly pre-
sented for acceptance or payment, shall not be ac-
cepted or paid, according to the tenor of such bill
or the terras of the acceptance thereof, (if any,)
every person drawing or endorsing such bills as
aforesaid, who shall be liable by law for the con-
tents of said bill, to any holder thereof or party
thereto, shall, on due notice, and demand thereof,
pay the contents of siiih bill at the current rate of
exchange at the time of demanding payment of
such drawer or endorser, and damages at the rate of Damages, ic
live per centum, upon the contents of such bill, to
gether with interest on the said contents, to be
computed from the time when such bill shall have
been refused acceptance or payment, (as the case
may be,) which shall be in full of all damages,
charges and expenses.
Sec. 2. Be it further enacted, That whenever
any Bill of Exchange, drawn or endorsed as afore-
said, payable at any place beyond the Cape of Good
Hope, in Africa, Asia, or the Islands thereof, shall ^
be refused acceptance or payment as aforesaid,
every person, drawing or endorsing such bill as
aforesaid, who shall be liable by law for the con-
tents of such bill to any holder thereof, or party
thereto, shall, on due notice and demand thereof.
316 LEICESTER BANK. March 4, 1826.
. pay the contents of such bill, at the par value there-
of, together with twenty per centum thereon, in
full of all damages, interest and charges, unless a
special contract shall have been made to the con-
trary.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXXVIII.
An Act to incorporate the President, Directors
and Company of the Leicester Bank.
Sec. 1. i»E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority oj the same, That John Clapp,
John Richardson, James Smith, John A. Smith,
Persons incoipo- Hcury Sargcnt, Joseph D. Sargent, John Davis,
Austin Flint, and Thomas Denny, their associates,
successors and assigns, shall be, and hereby are
created a corporation, by the name of the President,
Directors and Company of the Leicester Bank,
and shall so continue until the first Monday in
October, which will be in the year of our Lord
one thousand eight hundred and thirty one ; and
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,
" au act to incorporate the President, Directors and
Company of the State Bank," except so far as the
same are modified or altered by this act, as fully
and effectually as if the several sections of said act,
were herein specially recited and enacted: Pro-
vided however, that the amount of bills issued from
said Bank, at any one time, shall not exceed the
amount of the capital stock actually paid in.
rated.
Amount of capi-
tal.
LEICESTER BANK. March 4, 1826. 317
Sec. 2. Be it further enacted, That the Capital
stock of said corporation shall consist of the sum
of one hundred thousand dollars, in gold and silver,
to be, with such part as this Commonwealth
may subscribe in manner hereinafter mentioned,
divided into shares of one hundred dollars each,
which shall be paid in manner following, viz. — one
fourth part thereof on the first day of June next,
one fourth part thereof on or before the first day of
August next, one fourth part on or before the first
day of November next, and one fourth part on or
before the first day of February next, and no div-
idend shall be 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 stockholders at their first
meeting shall, by a majority of votes, determine
the mode of transferring and disposing of said stock
antl the profits thereof, which being entered on 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 and enjoy,
and retain to them, their successors and assigns,
lands, tenements and hereditaments to the amount
often thousand dollars, and no more at any one time,
with power to bargain, sell, dispose and convey the
same by deed, under the seal of said corporation,
and signed by the President, or two of the Direc-
tors ; and to loan and negotiate their monies and
effects, by discounting on banking principles on
such security as they may think advisable : Pro-
vided however, that nothing herein contained shall
restrain or prevent said corporation from taking
and holding real estate in mortgage, or on execu-
tion, to any amount as security for, or in payment
of, any debts due to the said corporation: andjoro-
vided further, that no monies shall be loaned, or
discounts made, nor shall any bills or promissory-
notes be issued from said Bank, until the capital
May hold prot»-
erty.
Provis.
jnimissioners..
318 LEICESTER BANK. March 4, 1826.
su])scribed and actually paid in, and existing in
gold and silver in their vaults, shall amount to fifty
thousand dollars, nor until said capital stock actu-
ally in £nid vaults shall have been inspected and
exaniined by three commissioners, to be appointed
by the Governor for that purpose, whose duty it
shall be, at the expense of the corporation, to ex-
amine the monies actually existing in said vaults :
and to ascertain, by the oath <o>f the Directors of
said Bank, or a majority of them, that said capital
stock hath been bona tide paid in by the stockhold-
ers of said^ Bank, and towards the payment of their
respective shares, and not for any other purpose ;
and that it is intended therein to remain, as a part
of said capital ; and to return a certificate thereof
to the Governor. And no stockholder shall be,
allowed to borrow money at said Bank, until he
shall have paid in his full proportion of said capital
stock, as hereinbefore provided and required.
Sec. 3. Be it further enacted^ That the said
Bank shall be established and kept in Leicester:
and the number of Directors shall be nine, five
of whom shall be necessary to constitute a quorum
for the transaction of business ; a majority of the
Directors shall always be residents in said town,
and all of them in the County of Worcester; and
no loan or discount shall be made, nor shall any bill
or note be issued by the said corporation, or by
any person on their account, in any other place than
at the said Bank.
Sec. 4. Be it further enacted^ That whenever
the Legislature shall require it, the said corpora-
tion shall loan to the Commonwealth, any sum of
mone}^ which shall be required, not exceeding ten
per centum of the capital stock actuall)'^ paid in,
at any time, reimbursable by five annual instal-
ments, or any shorter time at the election of the
Commonwealth, with the annual payment of inte-
rest at a rate not exceeding five per centum per
annum : Provided hmVever, that the Commonwealth
shall never stand inde'bted to said corporation, with-
.oo3'';)n of bank.
LEICESTER BANK. jyarch 4, 1826. 319
ou\ their consent, for a larger sum than twenty
per centum of their capital stock paid in.
Sec. 5. Be it further enacted, That the persons
hereinbefore named, or any three of them, are au-
thorized to call a meeting of the members and
stockholders of said corporation, as soon as may ^'^^ ""^'"s
be, at such time and place as they may see fit to
appoint, by advertising the same in any two of the
newspapers printed in Worcester, for the purpose
of making, ordaining and establishing such by-laws
and regulations for the orderly conducting the af-
fairs of said corporation, as the stockholders shall
deem necessary : Provided, the same be not repug- P'o^'^"
nant to the Constitution and laws of this Common-
wealth ; and the choice of the first Board of Direc-
tors, and such other officers as they shall set fit to
choose.
Sec. 6. Be it further enacted, That the Common-
^vealth shall have a right, w^ienever the Legisla-
ture shall make provision therefor by law, to sub-
scribe on account of the Commonwealth a sum not mlyTuEbe'*
exceeding fifty thousand dollars, to be added to
the capital stock of said corporation, subject to
such rules, regulations and provisions, as to the
management, as shall be by the Legislature made
and established.
Sec. 7. Be it further enacted, That whenever
the Commonwealth shall subscribe to the capital
stock of said corporation in manner hereinbefore
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 Directors may be
number of Directors to said Bank, in proportion as ^pp"'"'®**-
the sum paid from the treasury of the Common-
"wealth, shall be to the whole amount of stock actu-
ally paid into said Bank, if at any time hereafter
they shall see fit to exercise that right.
Sec 8. Be it further enacted, That the Cashier,
before he enters upon the duties of his office, shall bond)^' *** '''^^
give bond with sureties to the satisfaction of the
Board of Directors, in a sum not less than twenty
40
320
LEICESTER BANK.
March 4, 1826.
thousand dollars, with conditions for the faithful
discharge of his office.
Sec. 9. Be it further enacted, That the said cor-
poration 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, with-
in ten days after the first day of Octpber and April,
annually, the half of one per centum on the amount
of stock which shall have been actually paid in.
Sec. 10. Be it further enacted, That the said
corporation shall be liable to pay any bona fide
holder the original amount of any note of said
bank, counterfeited or altered, in the course of its
circulation, to a larger amount, notwithstanding such
Liable to pay &c. alteration, and shall also be liable to pay to any
bona fide holder the amount of any note counter-
feited, unless all the notes actually issued by said
corporation, shall be printed or impressed with the
stereotype plate; and that said corporation shall
not, at any place whatever, directly or indirectly,
purchase, receive, pay or exchange, any bill or
note of said bank, for any less sum than the no-
minal value expressed in such bill or note.
Sec. 1 1. Be it further enacted. That the capital
stock of said bank shall not be sold or transferred,
but shall be holden by the original subscribers
thereto, for and during the period of one year from
the time of passing this act. And in case the
same shall not be put into operation, according to
the provisions thereof, within the year aforesaid, it
shall be void.
Sec. 12. Beit farther enacted, That any commit-
tee, specially appointed by the Legislature, for that
purpose, shall have a right to examine into the
doings of said corporation, and shall have free ac-
cess to all their books and vaults -, and if, upon
such examination, it shall be found, and, after a full
hearing of said corporation thereon, be determined
by the Legislature, that the said corporation have
exceeded the powers herein granted them, or fail-
ed to comply with any of the rules, restrictions or
Charter how for
feited.
Committee may
examine &c.
N. MARK. ST. WARE. CO. March 4, 1026. 321
conditions, in this act provided, this act of incorpo-
ration shall thereupon be declared to be forfeited
and void.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXXIX.
An Act to incorporate the North Market Street
Warehouse Company.
Sec. 1. jlSk it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Benjamin
P. Homer, John D. Williams, Daniel P. Parker,
Henry Rice, Amos Lawrence, Abbott Lawrence, S" '"**'^''°°
and Isaac McLellan, and all such persons as may
associate with them as proprietors, their successors
and assigns, shall be, and hereby are, constituted a
body politic and corporate, by the name of The
North Market Street Warehouse Company; and
by that name may sue and be sued, defend and
be defended in any Courts of Record, or other
place whatsoever, and shall, and may, do and suffer all 4
matters, acts and things which bodies politic may \
do and suffer; and may make, have and use a com- v
mon seal, and the same at pleasure break, alter and [■
renew, and ordain and put in execution, such by- |
laws, ordinances and regulations as to them shall 1
appear necessary and convenient for the govern- ^
ment of said corporation, and for the prudent ma- ^
nagement of their affairs; and for the breach of >
such by-laws, ordinances and regulations, may or- ^
der fines and penalties not exceeding ten dollars |
for every breach : Provided, that such by-laws, or- ^"''^*'' %
dinances and regulations, shall not be repij.^naiit to
the lawi, of this commonwealth.
\
322
N. MARK. ST. WARE. CO.
J\larch 4, 1826,
May hold eatato.
pjovisoi
Shares.
Liable to attach-
ment.
Sec. 2. Be it further enacted, That the said
corporation be, and the same is, declared capable ^
to hold, have and possess, in fee simple, or other-
wise, all, or any part of that real estate in the City
of Boston, bounded west on the Roe-buck passage
way, south on North Market Street, east on the
new street leading from Long Wharf, by the end of
the New Market House, to "Mill Creek, north on
Mill Creek and the City's land : Provided, the said
corporation shall acquire the same by legal grant,
from the lawful proprietors thereof; and said cor-
poration shall have power to grant, sell and alien,
in fee simple, or otherwise, the said corporate pro-
perty, or any part thereof, and to lease, manage, and
otherwise improve the same, according to their will
and pleasure, and by such forms of conveyance and
contracts as shall, by their by-laws, be provided.
Sec. 3. Be itjurther enacted, That said proprie-
tors, at any legal meeting, may agree upon the
number of shares into which said estate shall be
divided, and agree upon the form of certificates to
be given to the proprietors, which shares shall be
deemed and considered as personal estate, and
shall be transferable, by assignment on the back of
the certificate, recorded by the clerk of the corpo-
ration, in a book to be kept for that purpose, and
shall be liable to attachments on mesne process, and
sale on execution, in the manner, and according to
the form of the statutes, making provision for the
attachment and sale of shares of debtors, in incor-
porated companies.
Sec. 4. Be it further enacted, That the real es-
tate and other property of said corporation, shall
be liable to be attached on mesne process, and be
set off and sold on execution against the corpora-
tion, in the same manner as the property or estate
of individuals is by law subject to mesne or final
process.
Sec. 5. Be it further enacted, That said cor-
poration shall have power, from time to time, to as-
sess on the stockholders, such sums of money, not
m'l
N. MARK. ST. WARE. CO. March 4, 182G. 323
exceeding, in the whole, three hundred dollars on
each share, for the purchase, improvement and
good management of their estate, and for erecting, Asiesitnem.
repairing and altering buildings, or for the incident-
al expenses of the corporation, and to sell or dispose
of the shares of any delinquent proprietor, for the
payment of such assessment, in such way and man-
ner as said corporation may, by their by-laws and
regulations, determine and agree upon.
Sec 6. Be it further enacted, That in all meet-
ings of stockholders, in the said corporation, each
member shall be entitled to one vote for each share
held by him.
Sec 7. Be it further enacted, That either of the First meeting
persons named in the first section of this act, may
call the first meeting of said corporation, by adver-
tising in any newspaper printed in Boston three
times ; the first not less than three days before the
time appointed for such meeting ; and the corpora-
tion, at their first meeting, and afterwards, annually,
on such day as shall be established by the by-laws,
shall choose a President, Clerk, and such other Di-
rectors or officers, as they may see fit ; which Clerk
shall be under oath ; they may also agree upon the
mode of calling future meetings.
Sec 8. Be it further enacted, That all covenants
or contracts which shall be made by said corpora-
tion, and all debts due from it shall be binding on
each one and all of those persons individually, who individual liaue
shall be stockholders in said corporation, when such
contracts respectively are made, and on their re-
spective heirs, executors, and administrators, in the
same manner, as if such covenants and contracts had
been made on debts contracted by such stockhold-
er or stockholders, in his or their individual capa-
city.
Sec. 9. Be it further enacted, That this act shall
continue in force twenty years from the passing
thereof, after the expiration of which term the same
may be repealed at the pleasure of the Legislature :
Provided, that in case of such repeal, the lands and *"'*""*
324 MAR. HOSPITAL, CHELSEA. March 4, 1826
tenements of said corporation shall be vested in the
stockholders, at the time of such repeal, and their
heirs, as tenants in common, in proportion to their
respective interest in the premises.
Sec. 10. Be it further enacted, That this act
may be amended, revised and terminated at the
pleasure of the Legislature.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXXX.
An Act providing for taxing Salt Works.
JlJE 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, all " Salt Works," for the
manufacturing of salt, shall be included with and
be assessed in like manner as other taxable pro-
perty.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXXXL
An Act authorizing the United States to purchase
a site for a Marine Hospital, in the town of
Chelsea.
J3e it enacted by the Senate and House
of Representatitws in General Court assembled,
and by the authority of the same. That the consent
JIATNILE OFFENDERS. March 4, 1826. 325
of this Commonwealth be, and hereby is, granted
to the United States, to purchase a tract of land, not
exceeding ten acres, which shall be found neces- JLf.eT&cr'^
saiy for the Marine Hospital to be built in Chelsea,
in the county of Suffolk, and may hold the same
during the continuance of the use and appropriation
aforesaid : Provided, that this Commonwealth shall p,^^;,^
retain and does hereby retain, concurrent jurisdic-
tion with the United States, in and over said land,
so far as that all civil and criminal process, issued
under the authority of this Commonwealth, or any
officer thereof, may be executed on an}^ part of said
land, or in any building which may be erected
thereon, in the same way and manner, as though
this consent had not been granted as aforesaid : and
Provided further., that all persons, who may remove
upon the tract of land hereby authorized to be pur- ''ovi»<»
chased as aforesaid, shall be deemed and taken to
be inhabitants of the town of Chelsea, in the same
way and manner as they would have been had they
removed into any other part of said town, and shall
there do the duty and receive the same privileges
as other inhabitants of Chelsea, saving that they
shall not be liable to serve on juries, or do military
duty.
[Approved by the Governor, March 4, 1826.]
CHAP. CLXXXn. ,v^*
An Act concerning Juvenile Offenders in the City ^ <g ^
of Boston.
Sec. 1. mjE it enacted by the Senate and House
of Represetitatives in General Court assembled, and
by the authority o/ the same, That the City Coun-
cil of the City of Boston, be, and hereby are, au-
326
JUVENILE OFFENDERS.
March 4, 1826
Powers granted.
Notice to be giv-
thorized to erect a building in said city, for the re-
ception, instruction, employment and reformation
of such Juvenile Offenders, as are hereinafter nam-
ed ; or to use for these purposes the House of In-
dustry, or Correction, at South Boston, or any other
house or building belonging to said city, that the
City Council may appropriate to these uses.
Sec. 2. Be it further enacted. That the Direct-
ors of the said House of Industry, or such other
persons as said City Council shall appoint Direct-
ors of said house, for the employment and reform-
ation of Juvenile Offenders, shall have power, at
their discretion, to receive and take into said house
all such children who shall be convicted of criminal
offences, or taken up and committed under and by
virtue of an act of this Commonwealth, " for sup-
pressing and punishing of rogues, vagabonds, com-
mon beggars, and other idle, disorderly and lewd
persons,'^ and who ma)% in the judgment of any
Justice of the Supreme Judicial Court, sitting with-
in and for the county of Suffolk, or of the Judge
of the Municipal Court of the city of Boston, or of
any Justice of the Police Court, within and for the
city of Boston, be proper objects therefor ; and
upon the conviction or commitment aforesaid, of
any child, in the judgment of such Judge or Jus-
tice a proper object for the said house of employ-
ment and reformation, the said Judge or Justice,
previously to declaring the sentence of the law on
such child, shall cause notice to be given to the Di-
rectors of the said house ; and in case the said Di-
rectors shall declare their assent to the admission
of such child into said house, the said Judge or Jus-
tice shall sentence him or her to be committed to
said house of employment and reformation, subject
to the control of the Directors thereof, in conform-
ity with the provisions of this act.
Sec. 3. Be it further enacted. That any Justice
or Judge of either of the said courts respectively, on
the application of the Mayor, or of any Alderman
of the city of Boston, or of any Director of the
I
JUVENILE OFFENDERS. March 4:, 1826. 327
House of Industry, or House of Reformation, or of g^S«^'" ""^
any Overseer of the Poor, of said city, shall hare
power to sentence to said house of employment
and reformation all children who live an idle or dis-
solute life, whose parents are dead, or if living, from
drunkenness, or other vices, neglect to provide any
suitable employment, or exercise any salutary con-
trol over said children. And the persons thus com-
mitted, shall be kept, governed and disposed of, as
hereinafter provided, the males till they are of the
age of twenty-one years, and the females of eight-
een years.
Sec. 4. Be it further enacted, That the Direct-
ors of said House of Industry, or such other per-
sons as said city council shall appoint Directors of
the institution, authorized by this act, may receive
the persons sentenced and committed as aforesaid,
into said institution ; and they shall have power to
place the persons committed to their care, the males Authomed to
until tliey arrive at the age of twenty-one years, and p'ace at service.
the females until they arrive at the age of eighteen
years, at such employments, and to cause them to
be instructed in such branches of useful knowledge,
as shall be suitable to their years and capacity ; and
they shall have power to bind out said minors as
apprentices or servants, until they arriv^e at the ages
aforesaid, to such persons, and at such places, to
learn such arts, trades, and employments, as in their
judgment will be most for the reformation, amend-
ment, and future benefit and advantage of such mi-
nor. And the provisions of an act, entitled an act
providing for the reiief and support, employment
and removal of the poor, and for repealing all for-
mer laws made for these purposes, passed the twen-
ty-sixth day of February, in the year of our Lord
one thousand seven hundred and ninety-four, con-
tained in the fourth, fifth and sixth sections thereof,
so far as they relate to binding out children as ser-
vants or apprentices, are adopted as a part of this
act ; and the Directors specified in this act shall
have all the powers, and be subject to all the du=
41
328
JUVENILE OFFENDERS.
March 4, 1826.
Rights, &c.
Discharge.
Transfer.
Numbtr of Hou-
ses.
ties, of the Overseers of the Poor, as set forth in
the sections aforesaid, of the act aforesaid ; and the
master or mistress, servant and apprentice, bound
out as aforesaid, shall have all the rights and privi-
leges, and be subject to all the duties, set forth in
the sections aforesaid of the act aforesaid.
Sec. 5. Be it further enacted, Thdit whenever s^id
Directors, Overseers, or Managers, shall deem it ex-
pedient to discharge any minor, committed to their
charge as aforesaid, and not bound out as a servant
or apprentice, and shall recommend the same in
writing to the court by whom such minor was com-
mitted, said court shall have power to discharge
him or her from the imprisonment or custody afore-
said.
Sec. 6. Be it further enacted, That the said Judge
or either of the said Justices, on the application of
either of the persons mentioned in the third section
of this act, shall have power to order the transfer
of any child committed to the common gaol, or the
House of Correction, and inmates of the same at
the time of passing this act, to the said house for
the employment and reformation of Juvenile Of-
fenders, to be received, kept or bound out by the
Directors thereof in conformity with the provisions
of this act.
Sec. 7. Be it further enacted, That it shall be
lawful for the said city council, at their discretion,
to establish within said city, two or more Houses
of Correction, to be Houses of Correction for the
: county of Suffolk ; and it shall be lawful for the
Mayor and Aldermen of said city to transfer per-
sons held under sentence in either of said houses,
to any other of said houses, when, in their opinion,
the health, moral improvement, or beneficial em-
ployment[of such persons will be promoted thereby.
[Approved by the Governor, March 4, 1826.]
GRANITE RAILWAY COM. J»/«rc/t 4, 1826. 229
CHAP. CLXXXIIl
All Act to incorporate the Granite Railway
Company.
Sec. 1. X>E t7 enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That Thomas H. Per- Per^ns inwrpo-
kins, William Sullivan, Amos Lawrence, David'"*
Moody, Solomon Willard, and Gridley Bryant, to-
gether with their associates, and such as may here-
after associate with them, and their successors, be,
and they are hereby declared to be a corporation,
by the name of the Granite Railway Company,
for and during the term of forty years from the
passing of this act; and by that name may sue and Maysus.ndbe
be sued, plead and be impleaded, and may have a '""^' *""
common seal, and may make and establish rules,
orders and by-laws, not repugnant to the laws of
this Commonwealth ; and may annex penalties for
the breach of such rules, orders, and by-laws : Pro- P'ovUo.
vided, the same shall not exceed ten dollars ; and
may clioose all officers, and appoint all agents ne-
cessary and proper to carry into effect the powers
and privileges hereby created.
Sec 2. Be it further enacted. That the said Cor-
poration be, and they hereby are, authorized and
empowered to purchase, have, and hold land, ex-
tending from the furnace lot, so called, in the town
of Quincy, and from the ledges of Granite Rock,
situate in or near said lot, and extending thence to
the tide-w^aters at any point within said town of
Quincy, or within the town of Milton : Provided, rrovito.
that if any part of said Railway shall be erected or
laid within the town of Milton, the assent of the
said town of Milton shall be first obtained : Pro-
vided the land so purchased, had, and held, be sit-
uate northwestwardly of Quincy commons, so call-
ed, and of Mount WoUaston : And provided also, ?mho.
330
GRANITE RAILWAY COM. March 4, 182^
Width.
May purchase
land, &c.
I^mases.
that said land be not of greater extent in width
than six rods ; and that said Corporation may lay^
build, and construct within the same land, any Rail-
ways for the transportation of granite stone ; and
may maintain, repair, and use such railways for
and during the term of forty years aforesaid ; but
the said corporation shall erect, and during said
term, keep up and maintain good and sufficient
gates where said railways may pass through fences,
existing at the time of making said railways.
Sec 3. Be it further enacted, That the said cor-
poration may purchase, have, hold, and use land,
marsh and flats, from high water mark to low wa-
ter mark, and as much below the latter as may be
necessary, of the width of sixteen rods, and con-
nected with the land of six rods in width as afore-
said ; and that said corporation may continue their
railways in and upon the said land, marsh, and flats,
and may therein dig and construct any canals, and
erect any buildings or other structures, necessary
and convenient for the transportation and carrying
stone, and for exercising the powers and privi-
leges hereby given.
Sec. 4. Be it further enacted, That the said corpo-
ration are hereby authorized and empowered to
take the said land of six rods in width, and the said
land, marsh, and flats of sixteen rods in width, for
the purposes and uses by this act intended ; and if
the said corporation, and the person or persons
who may be proprietor or proprietors of the land
so taken, do not agree on a compensation for such
land, marsh, and flats, nor on commissioners or
agents for appraising the same ; and if the said
corporation and any person or persons, who shall
sustain any damage by the execution of the pow-
ers hereby given, do not agree in estimating the
amount of such damage, nor on commissioners to
estimate the same, such person or persons may ap-
ply to the Court of Common Pleas, in the county
of Norfolk, for a committee to be appointed to ap-
praise the land, marsh, or flats taken, or to esti-
GRANITE RAILWAY COM. March 4, \S26. 331
mate the damage aforesaid, as the case may be ;
and the said Court shall thereupon give reasonable
notice to said corporation to appear, and shew
cause, why such committee should not be appoint-
ed; and if no cause be shown, said Court shall
appoint a committee of three or five disinterested commiUM
freeholders, being inhabitants of this Common-
wealth ; and such committee shall be sworn,
and shall notify both parties of the time and place
of executing their commission ; and such commit-
tee shall thereupon execute the same ; and shall
appraise the land, marsh, or flats, or estimate the
damage, if any, or both, as the case may be ; and
shall make return of their doings into the same
Court as soon as may be, and upon the acceptance
of the report by said committee made, the Court
shall render judgment thereon, with reasonable costs
to the party prevailing : Provided however, that ei- provuo.
ther party, after the return of the said report, may
claim a trial by jury ; and the Court shall there-
upon stay judgment on said report; and a trial by Tmibyjury.
jury shall be had at the bar of said Court ; and if
the party applying for a jury shall not obtain, in
case it be the original applicant, an increase of the
amount of appraisement, or of the estimate of dam-
ages, as the case may be ; or in case it be the ori-
ginal respondent, a decrease of the amount of
appraisement, or of the estimate of damages, as
may have been awarded by the committee, such
party shall pay reasonable costs of the trial by
jury ; otherwise, shall recover reasonable costs,
and upon any judgment rendered on report of
committee, or verdict of jury, the Court may issue
execution ; and from any judgment s^ rendered,
neither party shall be allowed to appeal. cunnot appear
Sec. 5. Be it further enacted, That the said cor-
poration shall have a right for and during the term
often years from the passing of this act, to demand
and collect a reasonable toll for the conveyance of toil
stone and other property, in their cars and vehi-
cles on said railways, not exceeding twelve ' per
332 GRANITE RAILWAY COM. March 4, 1826.
centum per annum on the cost of building said rail-
ways, and keeping the same in repair ; after which
, term, the said toll may be altered to such reasona-
ble sum as the Legislature may by law deem fit to
establish ; and any person or persons shall be en-
titled to have stone carried on the said cars and
vehicles at pleasure, on payment of toll as afore-
said.
Sec. 6. Be it further enacted, That if the said
railways hereby authorized to be constructed,
shall, in the course thereof, cross any private way,
the said corporation shall so construct said rail-
ways as not to obstruct the safe and convenient
use of such private way ; and if said railways be
not so constructed, the party aggrieved shall be
May bring action entitled to his actlou on the case in any court pro-
per to try the same ; and shall recover his reason-
able damages for such injur}^ And if the said
railways shall, in the course thereof, cross any
turnpike or other highway, the said railway shall
be so constructed as not to impede or obstruct the
safe and convenient use of such turnpike or high-
way ; and the said corporation shall have power to
raise such turnpike or highway, so that said rail-
ways may conveniently pass under the same ; and
if said corporation shall raise any such turnpike or
highway, pursuant hereto, and shall not so raise
the same as to be satisfactor}^ to the proprietors of
such turnpike, or to the selectmen of the town in
which such highway may be situate, as the case
may be, said proprietors or selectmen may require
of said corporation such alteration or amendment
as they may think necessary ; and if the required
alteration or amendment be reasonable and pro-
per, and the said corporation shall unnecessarily
and unreasonably neglect to make the same, such
proprietors or selectmen, as the case may be, may
proceed to make such alteration or amendment,
and may institute and prosecute to final judgment
and execution, in an}^ court proper to try the same,
any action of the case against the said corporation,
GRANITE RAILWAY COM. March 4, 1826. 333
and shall tlierein recover a reasonable indemnity
in damages for all charges, disbursements, labor,
and services, occasioned by making such altera-
tion or amendment, with costs of suit.
Sec. 7. Be it further enacted, That the said
Granite Railway Company may purchase, have, JlrLnSalf^
and hold, use and enjoy, real and personal estate,
to the amount of one hundred thousand dollars in
the whole : and that the corporate property shall
be personal estate, and may be divided into shares
not exceeding two hundred, and that the evidence
of ownership in said corporate property shall be
in such form of certificate under the corporate seal,
and signed by such officer or officers as the said
corporation may agree on.
Sec. 8. Be it further enacted, That Thomas H.
Perkins, or either of the other persons hereinbe-
fore named, may call the first meeting of the cor- First meeting
poration by this act created, by advertisement in
one or more newspapers printed in Boston, and at
that meeting, or any adjourned meeting, the said
corporation may be organized, and may proceed
to exercise the powers by this act given.
Sec. 9. Be it further enacted. That if the said
corporation shall not have constructed and put into
use, at least one of the railways by this act autho-
rized, within three years from the passing of this
act, then, and in such case, this act shall be void.
Sec. 10. Be it further enacted, That the Le- aitft&r"'"'
gislature may authorize, at any future time, the es-
tablishment of any other railways, within the towns
of Quincy or Milton, not incompatible with the
existence and convenient use of the railways by
this act authorized, the powers, rights, and privi-
leges by this act granted notwithstanding.
Sec. 11. Be it further enacted, That the stock-
holders in said Granite Railway Company, shall at
all times be liable, in their persons and estates, for individually na
all debts which shall be contracted by said cor- ^'^'
poration, in like manner, and the legal remedies for
the recovery of debts shall be the same as is pro-
334 GRANITE RAILWAY COM. March 4, 1826.
vided for in and by the act, entitled " an Act de-
fining the general powers and duties of Manufac-
turing Corporations," passed on the third day of
March, in the year of our Lord one thousand eight
hundred and nine, and the several acts in addition
thereto.
[Approved by the Governor, March 4, 1826.]
Porfeituri?.
CHAP. CLXXXIV.
An Act in relation to Lotteries.
Sec. 1. x5E 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, if any person or persons
shall sell, or offer for sale, or shall advertise, or
cause to be advertised for sale, any lottery ticket
or tickets, or part or parts of any lottery tick-
et or tickets, or shall draw any lottery not au-
thorized by the laws of this Commonwealth, or
aid or assist in drawing any such lottery, or shall
be concerned in the management or conducting of
any such lottery, within this Commonwealth, he or
they shall severally forfeit and pay, to the use of the
Commonwealth, a sum not more than one hundred
dollars for either of the offences aforesaid, to be re-
covered by indictment, or information before the
Supreme Judicial Court, or Court of Common Pleas,
in any county where such offence may be commit-
ted, or the Municipal Court in the City of Boston,
when such offence shall be committed within the
county of Suffolk. And it shall be the duty of the
Attorney and Solicitor Generals, and of the several
County Attornies within this Commonwealth, with-
in their several counties, to prosecute for all breach-
es of this act which may come to their knowledge.
LOTTERIES. March 4, 1826. 335
Sec. 2. Be it further enacted, That in any in-
formation or indictment now pending before the
Supreme Judicial Court, under and by virtue of
an act passed the tenth day of February, in the
year of our Lord, one thousand eight hundred and
twenty-three, entitled, " An Act in addition to an
act regulating the management and drawing of lot-
teries, in certain cases, within this Commonwealth,"
judgment shall not hereafter be rendered against
any defendant for the penalty in said act provided,
but shall be rendered for costs only.
[Approved by the Governor, March 4, 1826.]
42
SECRETARY'S OFFICE, APRIL 20, 1826.
I HEREBY CERTIFY, that I have compared the Laws
printed in this pamphlet, with the original Acts, as passed by
the General Court, at their Session in January, February and
March last, and that they appear to be correct.
EDWARD D. BANGS,
Secretary of the Commonwealth.
LAWS
COMMONWEALTH OF MASSACHUSETTS,
PASSED BY THE GENERAL COURT,
AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE THIR-
TT-FIRST OF MAY, AND ENDED ON TUESDAY, THE TWENTIETH
OF JUNE. ONE THOUSAND EIGHT HUNDRED AND TWE^fTY-SIX.
CHAP. I.
An Act in addition to an act, entitled " an act to
incorporate the Proprietors of the Newburyport
Bridge."
'&*
x5E it enacted bif the Senate and House
of Representatives^ in General Court assembled,
and by the authority oj the same. That the Pro-
prietors of the Newburyport Bridge, be, and they
are, hereby authorized and empowered to lay out powers g«anwd=
and make a road six rods wide, or less, as the same
shall be deemed expedient, but not less than four
rods wide, from said Bridge, on the Salisbury side
to the coCinty road leading to the East Meeting
House in said Salisbury ; the damages to be regu- J^^f" '^''st-
lated agreeably to the Provisions of the act to
which this is in addition. .
[Approved by the Governor, June 19, 11826.]
338 CRACKERS, SQlTlBS, &c. &c. June 20, 1826.
CHAP. II.
An Act in amendment of an Act entitled an Act to
incorporate the C^lvinistic Congregational Soci-
ety in Sandwich, in the County of Barnstable.
jjE if enacted by the Senate and House
of Representatives in General Court assembled,
sepe&i and by the authority of the same, That the second
section of the Act, of which tliis is an amendment,
be, and the same is hereby repealed.
[Approved by the Governor, June 19, 1826.]
CHAP. Ill
An Act to prevent damage from Firing Crackers^
Squibs, Serpents, and Rockets.
Sec. 1. J3E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That from and af-
ter the first day of July next, if any person shall have
in his possession any cracker, squib, serpent, or rock-
et, within this Commonwealth, with intent to sell, or
with intent to set fire to the same, or if any person
shall offer for sale, sell, or give any cracker, squib,
serpent or rocket, or if any person shall set fire to
any cracker, squib, serpent, or rocket, or shall throw
any lighted cracker, squib, serpent or rocket, with-
in the same, without the license of the Mayor and
Aldermen of the City of Boston, or of the Select-
men of the several towns in this Commonwealth
pMBjty. respectively, first obtained therefor, he shall forfeit
for every such offence the sum of five dollars, one
moiety to the use of the poor of the city or town
in which the offence shall be committed, aiid the
How recovered, othcr moicty to the use of the prosecutor^ to be re-
I
PROPS. OF MILLS. June 20, 1826. 335
covered by action of debt, or by information, be-
fore the Justices of [the] Police Court of the City
of Boston, 01' before any Justice of the Peace ot
the County, in which the offence may be commit-
ted, with costs of suit.
Sec. 2. Be it further enacted, That an act passed
the fourth day of March, one thousand ei£j;ht hun- Repeal
dred and six, entitled " an act to prevent damage
from firinpj crackers, squibs, serpents and rockets
\vithin this Commonwealth," be and the same is
hereby repealed, from and after the time when this
act shall take effect.
[Approved by the Governor, June 20, 1826.]
CHx\P. IV.
An Act to incorporate the Proprietors of Mills on
the Queset and Town Rivers, in the towns of
Easton, West Bridgwater and Bridgwater.
Sec. 1. x>E i7 enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same, That David Man- ''^j;^°^^ '""''
ly, John Williams, Isaac Wendell, Oliver Ames,
Elijah Howard, William G. Andrews, Charles
Hayden, Joel Drake, Eliphalet Mitchell, Horatio
Copeland, James Guild, Calvin Brett, Nathan
Lazell, Seth Johnson, Jacob Perkins, Nathan La-
zell, jr. Abisha Stetson, Increase Robinson, with
tVieir associates and successors, be, and they are
hereby made a corporation and body politic, by
the name and style of the Proprietors of Mills on
Queset and Town Rivers, with all the powers, po^yerB,&(r.
privileges, and immunities, incident to a Corpora-
tion aggregate ; and said Corporation is hereby
made capable in law, of having, holding, purchas-
ing, and taking in fee simple, by gift, grant, devise, "tl"'"'''"'
340 PROPS. OF MILLS. June 20, 1826.
or otherwise, such real estate, not exceeding ten
thousand dollars, and such personal estate, not ex-
ceeding two thousand dollars, as shall be necessary
for the purposes contemplated in this act.
Sec. 2. Be it further enacted., That said Cor.
poration shall have full power, liberty and authori-
dims,&c!' ty to erect and maintain on their own land, or on
the land of any person, with his consent, legally
obtained, such dams and sluice ways, as may be
necessary, or convenient, for the making of a Res-
ervoir or Reservoirs, in the towns of Easton and
Stoughton, for the purpose of retaining the water
for the use of said Corporation ; and said Corpo-
shuupaydara- j-^tion shall be subject to pay all damages that
may arise to any person, by flowing his land for
the purposes aforesaid, agreeably to the provision
of an act, entitled " an act for the support and
regulation of mills, and the several acts in addition
thereto :" and shall also be subject to pay all dam-
ages that may arise to any person or Corporation
from the diversion of said water.
Sec. 3. Be it further enacted, That if any
.\o person shall persou Or persoHS shall wilfullv or maliciously take
remove, &.C. * •■-. , ,•'... '',
up, remove, dig imder, or otherwise injure or de-
stroy, in any manner, said dam or dams, or sluice-
ways, or any part of them, or shall impede or hin-
der said proprietors or their agents, in erecting,
maintaining or repairing their said dams or sluice-
ways, or any of them, such person or persons shall
Penalty. forfcit and pay to said Corporation a sum not less
than fifty dollars, nor more than one hundred dollars,
according to the nature and aggravation of the injury
done or committed ; and such offender shall be fur-
ther liable to indictment for such trespass, and on
conviction thereof shall be sentenced to pay a fine
to the use of the Commonwealth, of not less than
ten dollars, nor more than Mty dollars.
Sec. 4. Be it further enacted^ That said Cor-
May have a pgratiott shall have a common seal, and be capable
in law to prosecute and defend to final judgment
and execution, any action, or other process, before
LIB. SQ. WAREHOUSE COR. June 20, 1826. 341
any court, tribunal, or magistrate whatever, and to
do and perform all such other acts and things as
an aggregate corporation may, or of right can, do ;
and they shall have power to appoint a President,
Clerk, and such other officers and agents, and to
make such by-laws and regulations as they may
find necessary, provided the same are not repug-
nant to the laws of this Commonwealth.
Sec. 5. Be it further enacted, That any three
of the proprietors named in the first section of this
act, may call the first meeting of said Corporation, ^^H^^^^'^'-
to be holden at such time and place, as they may
judge proper, they giving two days previous notice
to the other proprietors therein named. Provided Proviso
nevertheless, that it shall be in the power of the
Legislature to repfal this act at any time after
twenty years.
[Approved by the Governor, June 20, 1826.]
CHAP. V.
An Act to alter an Act entitled " An Act to incor-
porate the Liberty Square Warehouse Com-
pany."
Seo. 1. IjE it enacted by the Senate and House
of Representatives in General Caurt assembled,
and by the authority of the same. That the tifth Rgpcai
section of an act, entitled " an act to incorporate
the Liberty Square Warehouse Company," be,
and the same hereby is repealed.
Sec. 2. Be it further enacted, by the authority
aforesaid. That said Corporation, at any legal powergrani^e.
meeting thereof, shall have power to apply the
rents and profits of any estate of the said Corpo-
tation J and the proceeds of any policy or policies
342 UNION TURNPIKE CORP. June 20, 1826.
of insurance, effected, or to be effected, on their
estates by said Corporation, to the repairing;, and
rebuilding of any building or buildings injured or
destroyed by fire or otherwise.
[Approved by the Governor, June 20, 1826.]
CHAP. VI.
An Act in addition to an act, entitled " An Act to
establish a Corporation by the name of the
Union Turnpike Corporation."
jjE it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of the same, That the proviso
Lpeai in the eighth section of the act to establish a Cor-
poration by the name of the Union Turnpike Cor-
poration, which provides that no individual propri-
etor shall be entitled, in any case, to more than ten
votes, be, and the same is hereby repealed.
[Approved by the Governor, June 20, 1826.]
CHAP. VII.
An Act to incorporate the Congregational Society
of Salisbury and Amesbury.
Sec. 1. Be it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same. That James
poS'""* Horton, Joshua Aubin, Jacob Brown, John Bias-
METH. EPIS. SOC. OF RICH. June 20, 1826. 345
dell, junior, James Homer, Nathaniel Brown, Dan-
iel Blasdel, and Jonathan Webster, with their
associates and such others as shall associate with
them, with their polls and estates, be, and they are
hereby incorporated into a relip;ious society by the
name of the Congrejjalional Society of Salisbury
and Amesbury, with all the powers, privileges and Pow6rs,&e,
immunities to which parishes and religious socie-
ties are by law entitled ; and subject to all the
duties and liabilities to which other religious soci-
eties are subject.
Sec. 2. Be it further enacted, That said Socie- powers gramca.
ty be, and hereby is, authorized and empowered
to receive a deed of the land which they have pur-
chased in Amesbury aforesaid, for a scite for a
meeting-house, and to hold other real estate to the
amount of ten thousand dollars, to sell or lease the
pews in said meeting-house, and to give deeds to
convey the same.
Sec. 3. Be it further enacted. That the persons
named in the first section of this act, or either of *'c/iin'j.- "^"^
them, may call the first meeting of said Society by
posting up notifications of the time and })lace of
said meeting, in some public places in Salisbury
and Amesbury.
[Approved by the Governor, June 20, 1826.]
CHAP. VHI.
An Act to incorporate the Methodist Episcopal
Society of Richmond.
Sec. 1 . JoE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Peter JSI '"'^'"'
Hacklev, Aaron Hackley, and William S. Lead-
43
•J44
POOR PRISONERS.
June 20, 1826.
Powers, &c.
First meeting.
better, with such others as may associate with
them, being not less than ten legal voters of any
parish, precinct or religious society, and their suc-
cessors, be, and they hereby are, incorporated into
a society by the name of the Methodist Episcopal
Society, in Richmond, with all the powers and
privileges to which other religious societies are
entitled by the Constitution and laws of this Com-
monwealth.
Sec. 2. Be it further enacted. That the first
meeting of said society shall be convened by a
warrant to be issued by any Justice of the Peace,
in the county of Berkshire, directed to any mem-
ber of said society, requiring him to notify the
members of said society, to meet at such time and
place as shall be designated in said warrant.
[Approved by the Governor, June 20, 1826.]
CHAP. IX,
Justices, pow-
ers.
Adjournment,
An Act in addition to an act passed February the
twenty-fourth, A. D. one thousand eight hun-
dred and eighteen, concerning poor prisoners
and other persons.
Sec. 1. 13E it enacted by the Senate and House
oj Representatives in General Court assembled^
and by the authority of the same, That whenever
any person shall appear for the purpose of taking
the poor debtors' oath, and there shall be but one
Justice present, the said Justice shall have the
same power to adjourn the proceedings, as the
Justices now have by the first section of the act to
which this is in addition.
Sec 2. Be it further enacted, That the afore-
said proceedings may be adjourned from the place
SCHOOL rOMMITTEFS. June 20, 1826. 34b
appointed to any other within the limits of the
gaol yard, when necessity or convenience may re-
quire it.
[Approved by the Governor, June 20, 1826.]
CHAP. X.
An Act confirming; the proceedings of sundry
towns in the choice of School Committees.
15 E it enacted hy the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That every
School Committee which has been cliosen by any
town in this Commonwealth, since the first
day of March, in the year of our Lord one
thousand eight hundred and twenty-six, to have
the general charge and superintendence of all the
public schools in said town, shall have, and exer-
cise, during the time for which they w /e respec- Pov.ersg. anted
tively chosen, all the powers and shall perform all
the duties, provided for, in and by an act passed
on the fourth day of March, in the year of our
Lord, one thousand eight hundred and twenty-six,
entitled, " An Act further to provide for the in-
struction of youth ;" any thing in said act contain-
ed to the contrary noth withstanding.
[Approved by the Governor, June 20, 1826.]
to Commitlesf.
346
Persons incoif-
porated.
f owera, &c.
May hold real
and personal
?itate.
First meeting.
WORC. & brook:, iron FOU. June 20, 1826.
CHAP. XI.
An Act to incorporate the Worcester and Brook-
field Iron Foundry.
Sec. 1. XjE it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same^ Thai George T.
Rice, Henry W. Miller, Samuel B. Rice, Alfred
Dwiglit Foster, Abraham Skinner, John Homans,
William A. Wheeler, and Joseph Pratt, with their
associates, successors and assigns, be, and they
hereby are, made a Corporation by the name of
the Worcester and Brookfield Iron Foundry, for
the purpose of making and casting iron, in the
towns of Worcester and Brookfield, in the county
of Worcester ; and for this purpose, shall have all
the powers and privileges, and be subject to all the
duties and requirements contained in an act passed
on the third day 6f March, in the yesr of our
Lord one thousand eight hundred and nine, enti-
tled, " An Act defining the genei al powers and
duties of manufacturing corporations," and the sev-
eral acts in addition thereto.
Sec. 2. Be it further enacted, That the said
Corporation may hold and possess such real estate,
not exceeding in value the sum of thirty thousand
dollars, and such personal estate, not exceeding in
value the sum of thirty thousand dollars, as may
be necessary and convenient for the purpose
aforesaid.
Sec. 3. Be it further enacted, That any one of
the persons named in this act be, and either of
said persons is, hereby authorized to appoint the
time and place for holding the first meeting of
said Corporation, giving ten days notice thereof to
the others, either in person or writing, any thing
in the second section of the " Act" aforesaid, de^
JURORS FROM CHELSEA. June 20, 1826. :^4*
fining the p:eneral power-^ and duties of manufactu-
ring corporations to the contrary notwithstand-
ing.
[Approved by the Governor, June 20, 1826.]'
CHAP. XH.
An Act respectiujg; the choice and service of Jurors
from the town of Chelsea, within the County
of Suffolk.
Sec. 1. -DE it enacted by the Senate and House
df Representatives in General Court assembled,
and by the authority of the same, That such Juror
or Jurors as are now appointed or may hereafter
be appointed, by the town of Chelsea, within the
County of Suffolk, to serve on the grand jury at the
Supreme Judicial Court within the said County of
Suffolk, shall be summoned, and shall attend the
Municipal Court of the City of Boston, by law to
be holden for the County of Suffolk, at the several
terms of the same to be holden hereafter, and
until other Grand Jurors are appointed and return-
ed at the Supreme Judicial Court ; and such Juror
or Jurors from the said town of Chelsea, with the
other Grand Jurors returned to serve in said
Court, are hereby vested with all the powers giv-
en by the Constitution and Laws of this Common-
wealth to Grand Jurors, touching all matters with-
in the jurisdiction of the said Municipal Court.
Sec 2. Be it further enacted, That the said
Municipal Court of the City of Boston shall have ^ie7paicoJ!f""
power and authority to issue writs of venire facias,
for the return of one or more Traverse Jurors from
the town of Chelsea, conformably to law, whose
duty it shall be to attend the said Municipal Court,
Jurors shall
attend.
Powers vested.
&c
348 MERCANTILE WHF. COR. June 20, 1826.
and to serve in all cases where, by law, trial by
y\v\ is required therein. And the saki Traverse
Jurors, who may be drawn and retuined 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.
Sec. 3. Be it Jurther enacted^ That the said
Grand and Traverse Jurors sljall receive for their
services in the said Municipal Court, like compen-
sation, and in like manner as sucli jurors are now
by law entitled to. And all sums which shall be
paid for the expenses of Grand and Traverse
Compensation, Jurors from said town of Chelsea, shall be charged
to the said town, and be assessed upon, and collect-
ed of the inhabitants thereof, like other county
taxes according to law.
[Approved by the Governor, June 20, 1826.]
CHAP. XIII.
An Act to incorporate the Mercantile Wharf Cor-
poration, in the City of Boston.
Sec. 1. 15e it enacted by the Senate and House
of Representatives in General Court assembled^
poJated.'""'' cind by the authority of the same, That Robert G.
Shaw, Samuel S. Lewis, Luther Bixby, John J.
Valentine, Benjamin Humphrey, and others, their
associates, successors and assigns, be, and they
hereby are, constituted a body politic and corpo-
rate, by the name of "the Mercantile Wharf Cor-
poration," and the said Corporation, by the same
name, are hereby declared and made capable in
Capable to sue, \^y^^ ^q g^g ^^^ jjg sued, plcad and be impleaded.
MERCANTILE WHF. COR. June 20, 1826. 349
May liavo seal,'
to have a common seal, and the same at pleasure ,„ako rules and
to break, alter and renew ; to make rules and by- ''^"'^'''
laws for the regulation and management of the es-
tate hereinafter described, and for the prudent
mana£jem?nt of their affairs, consistent with the
laws of tiiis Commonwealth, and generally to do
and execute whatever by law does or may ap-
pertain to bodies politic and corporate, within the
meaning and intent of this act.
Sec. 2. Be it further enacted. That the said
Corporaiion be, and the same hereby is, declared
and made capable in law, to have, hold and possess, wayhoide*-
by fee simple, lease-hold, or otherwise, all or any '''^''■
part of that certain real est^ate, situate in said Bos-
ton, bounded as follows r — northwesterly by Ann
Street, southwesterly on the southwesterly side of Estat. named.
the Mill Creek and the City Wharf, southeasterly
b. "^ong Wharf, and that line continued to the
channel, and northeasterly by the channel and
the northeasterly side of Lewis' W^harf, together
With ail the rights, privileges and appurtenances
thereof : Provided, the lawful proprietors thereof Proviso.
shall legally convey the same to said Corporation ;
and the said Corporation shall have power to sell, p°^^""»^<^"'
grant and alien in fee simple, or otherwise convey,
their corporate property, or any part thereof, with-
m said described limits, and to lease, manage, and
improve, build, rebuild, pull down or alter the
same ; also to remove, construct, erect, repair or
alter any buildings, wharf or wharves, docks,
streets or passage-ways, within said limits, accord-
ing to their will and pleasure, by such forms of-
conveyances and contract as shall by their bylaws
be provided.
Skc. 3. Be it further enacted, That said pro-
prietors, at any legal meeting, may agree upon g^a^es""^
the number of shares into which said estate shall
be divided, and agree upon the forms of certifi-
cates to be given to the proprietors, which shares
shall be deemed and considered as personal estate,
and shall be transferable by assignment on the feSie.*'^"''
350 MERCANTILE WHF. COR. June 20, 1826.
back of the certificate, recorded by the clerk 6f
the Corporation in a book to be kept for that pur-
pose ; and shall be liable to attachment on mesne
fi'attachmen-.. p^ocess, and salc on execution, in the same man-
ner, and according? to the form of the statutes ma-
king; provision for the attachment and sales of
shares of debtors in Corporate Companies.
Sec. 4. Be it further enacted, That the real
estate, and other property of said Corporations
shall be liable to be attached on mesne process,
foTtuchment'' ^"^ ^^ ^^ ^^^ ofFand sold on execution, against the
Corporation, in the same manner as the property
or estate of individuals is by law subject to mesne
or final process ; and the said Corporation shall
possess the right in equity of redeeminj^j the same
appertaining (by the laws of this Commonwealth)
to other real estate.
Sec. 5. Be it Jurther enacted. That the said
Corporation shall have power, from time to time,
Power to as- to assess on the stockholders such sums of money,
'^'' not exceeding in the whole three hundred dollars
on each share, for the purchase, improvement, and
good management of their estate, and for removing,
constructing, erecting, repairing or altering any
buildings, wharf or wharves, docks, streets, or pas*
sage-ways on the land within said described limits,
or for the incidental expenses of the said Corpora-
tion, or for the improvement and management of
the corporate estate, agreeably to the true intent
of this act ; and in case an}^ proprietor shall refuse
or neglect to pay any assessment, the said Corpo-
ration may cause such of the shares of such pro-
„ . prietor, as may be sufficient therefor, to be sold at
igliMeB sold inr' .^ i-i i-ii r ^ •
•as.e of neglect, public auction to thc highcst bidder, alter thirty
days notice to be given, b}'^ publication thereof in
one or more newspapers printed in said Boston ?
and after deducting the amount assessed and un-
paid, together with the charges of sale, the surplus,
if any, shall be paid over to such proprietor ; and
the purchaser of such share or shares, so sold, shall
be entitled to receive a certificate of the same.
MERCANTILE WHF. COR. June 20, 1826. 85}
Sec. 6. Be it further enacted, That in all meet-
ings of the members of said Corporation, for the
transaction of business, each member or proprie-
tor shall be entitled to one vote for every share by
him held in said Corporation. But no one proprie-
tor shall ever be entitled to more than twenty yZ'^.^' "^
votes : Provided always, that no assessment shall ProTieo
be made at any meeting, unless the same shall be
agreed to by two thirds at least, in number, of votes
of those present or represented at said meeting,
nor unless public notice shall have been given at
least ten days previous to such meeting, of the
purpose of such meeting, by publication thereof in
one or more newspapers printed in said Boston ;
proprietors may appear and act by proxy in writ-
ing, at any meeting.
Sec. 7. Be it further enacted, That either of the '
persons named in the first section of this act, may
call the first meeting of said Corporation by adver- Sbf"*"'
tiseraent in any newspaper printed in said Boston,
three times, the first to be not less than six days
before the time appointed for such meeting; and
the Corporation, at their first meeting and after-
wards annually, on such days as shall be establish- £7'^^^ ^'®"
ed by the by-laws, may choose a President, Clerk,
and such other directors or officers as they may see
fit. for conducting their corporate affairs and estate ;
the Clerk to be sworn before entering on the du-
ties of his office.
Sec. 8. Be it further enacted. That said Corpo-
ration shall continue and be in force for the term
of twenty years from the time of the passage of this
act, unless sooner repealed by the Legislature.
[Approved by the Governor. June 20, 1820.]
44
352 B. LINE S. HAD. & GRANBV. June 20, 1826.
CHAP. XIV.
An Act to establish the Boundarj' Line between
the towns of South Hadley and Granby, in the
county of Hampshire.
JlSE it enacted by the Senate and House
of Representatwes in General Court assembled^ and
by the authority of the same^ That from and after
the passing of this act, the boundary line between
the towns of South Hadley and Granby in the
county of Hampshire, shall forever be known, fix-
ed and established as follows, viz : — Beginning at
Boundary Line, a pine tree, now a boundary between said towns,
standing in the northerly line of the town of Spring-
field, thence running north seven degrees west to
Stony Brook, then down said Brook on the line of
1768, until it intersects a line running from said
pine tree north, "eleven degrees west, to Church's
road, thence on said line of north eleven degrees
west to Church's road, thence running north, five
degrees twenty-nine minutes east, six hundred
and ten rods, to the county road leading from
South Hadley meeting house, over Mount Hol-
yoke, to the town of Amherst, passing west of the
dwelling house of Eleazer Nash and Nathaniel
Nash, between the house lot of said Nash's, and
the lot of Seth Moody, where the corners of said
lots meet on said road, to the north side of the
same road, thence following said road on the north
and westerly side thereof to the southerly line of
Amherst. The said town of South Hadley, being
on the westerly side of said line, and the town of
Granby being on the easterly side of said line.
And the above described line shall forever here-
after be fixed and established to be the true boun-
dary line between the said towns, in all respects,
and to all intents and purposes, any law or usage
to the contrary notwithstanding.
[Approved by the Governor, June 20, 1826.]
DERBY ACADEMY. Ju?ie 20. 1826. 353
CHAP. XV.
An Act in addition to an act, entitled, " An act to
incorporate the Congregational Church and So-
ciety of Pitts Street, in Boston."
JdE 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 name of the Congrega-
tional Church and Society of Pitts Street, in Bos- Nnmechanged
ton, sliall be changed, and the said Corporation
shall take, and ever after bear, the name of the
Congregational Church and Society of Green
Street, in said Boston.
[Approved by the Governor, June 20, 1826.]
CHAP. XVI.
An Act in addition to an act, entitled, " Aji act to
erect Derby School, in the North Parish in
Hingham, into an Academy by the name of Der-
by Academy."
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
sixth section of an act, passed on the eleventh day
of November, in the year of our Lord one thousand
seven hundred and eighty-four, entitled, " an act for
establishing a School in the North Parish of Hing-
ham, by the name of the Derby School," and for
appointing and incorporating Trustees of the said
^H CON. PREC. IN ROCH. &c. June 20, 1826
School, as provides, that the principal preceptor o
the said School, for the ti ne being, shall always
be one of the said Trustees, be, and the same is
hereby repealed.
[Approved by the Governor, June 20, 1826.]
CHAP. XVIL
An Act in addition to an act, passed in the year of
our Lord one thousand eight hundred and twen-
ty-five, entitled, " an act to establish the Third
Congregational Precinct in Rochester, Middle-
borough and Freetown."
Sec. 1. He it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the act to
which this is in addition shall have the same force
and effect, to all intents and purposes, as if the
title had been, " an act in addition to an act, enti-
tled, an act to incorporate a number of the inhabi-
tants of the towns of Rochester and Middleborough,
in the county of Plymouth, and of Freetown, in
the county of Bristol, into a separate precinct, by
the name of the Congregational Precinct in Ro-
chester, Middleborough, and Freetown;" and that
the first section of said act have the same effect as
if the word, " third" were not in the same.
Sific. 2. Be it further enacted, That any receipt
given by the Trustees of said Precinct, or a quorum
of them, shall be a conclusive discharge for any
donation, claim or demand given, bequeathed, or
due to said precinct.
[Approved by the Governor, June 20, 1826,]
UNIV. SOC. IN DUXBURY. June 20, 1826. 355
CHAP. XVIII.
An Act to provide for filling vacancies in the;
Boards of Directors of Banks.
Sec. 1. He it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That whenever
any vacancy has happened, or may hereafter hap-
pen, in any Board of Directors of any Bank incor-
porated in this Commonwealth, it shall be lawful
for the Stockholders of such Bank to proceed to
fill such vacancy, fourteen days notice being given vacancies, imw
for the calling of any meeting therefor.
Sec. 2. Be it further enacted, That all elections
of Directors, for the filling of vacancies, made by
the Stockholders of any Bank incorporated in this Elections, hcrw
Commonwealth, be, and they hereb}^ are, made
valid in law, to all intents and purposes, provided
public notice shall have been given of the meeting
therefor in the usual manner.
[Approved by the Governor, June 20, 1826.]
CHAP. XIX.
An Act to incorporate the First Universal Socie-
ty in Duxbury.
Sec 1. -tSE it enacted by the Senate and House
of Representatives in General Cow t assembled, and
by the authority of the same. That Wait Wads- Persons in«oi
worth, James Weston, jun. Joseph P Bosworth, ^"'^ ^ "
William Sampson, and Henry B. Sampson, and all
other persons who now are, or hereafter may be.
356 UNIV. SOC. IN DUXBURY. June 20, ]820.
associated with them, and their successors, shall
be, and they hereby are created and established as
a religious society and body politic avid corporate,
by tne name of the First Universalisi Society in
Powers, &c. Duxbury, with all the powers, privileges, and im-
munities, and subject to all the liabiUties of parish-
es and other religious societies, according to the
constitution and laws of this Commonwealth.
Sec. 2. Be it further enacted^ That the said So-
ciety shall have power, at their annual meeting, to
powov to assess, asscss all sucli sums as may be necessary for the
maintenance of public worship, the repairs and
preservation of the Church, and other parochial
charges and expenses; and shall have power to
determine the mode of assessing said taxes, either
upon the pews in the Church of said society, ac-
cording to their relative value, to be ascertained
by the first sale of each pew, or upon the rateable
polls and estates, both real and personal, of the in-
dividual members of said society, in the same man-
ner, and with equal powers for collecting the same,
.as in other cases is by law provided ; and when it
may be determined to assess the taxes on the
pews, the taxes so assessed shall be a lien against
or on the same, and in case of non-payment of the
taxes so assessed, for the space of two years from
Pews, how for- the time of assessing said taxes, the pew or pews
upon which the tax or taxes shall have been
assessed, shall be forfeited to the? Society, and
may be sold at public auction in such manner as
the Society may by their by-laws and regulations
provide ; and the nett proceeds of the same, after
deducting the amount of taxes due thereon, with
the charges of sale, shall be paid to the proprietor
of the pew so sold, or to his assigns ; and the So-
ciety shall have full authority to convey to the
purchaser of any pew so sold, a good and valid
title of the same.
Sec. 3. Be it further enacted^ That said Society
May hoi.1 real may faold and possess, by grant, gift, devise, or
n„. „„,.n„., ^^jjgy^jgg^ j,gj^j jjj^(j personal estate, for the pur-
and personal
estate
LYNN TNST. FOR SAVINGS. June 20, 1826. :}57
pose of supporting public worship and other reli-
gious, (arochiyl, and charitable purposes, not ex-
ceeding the annual income of five thousand dol-
lars.
Sec. 4. B' it further enacted^ That the first meet- F.rst meet;,,.
ing of said Society may be called by either of the
persons numed in this act, by a written notification,
pat up at tae meeting house of the First Universa-
list Society in Duxbury seven days before the time
of holdiijo; said meetins:.
[Approved by the Governor, June 20, 1826.]
CHAP. XX.
An Act to incorDorate the Lvnn Institution for
Savings.
Sec 1. oE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Jonathan Persons incor-
Batcheiier, Henry A. Breed, Hezekiah Chase,
Isaac Story, Josiah Newhall, John Alley, 3d, James
Piatt, Isaiah Breed, Amos Rhodes, Stephen Smith,
jun. Legree Johnson, Henry Newhall, John Pratt,
William B. Breed, James Oliver, William Rhodes,
Samuel T. Huse, Robert W. Trevett, Zachariah
Atwill, jun. John Caldwell, Richard Hazeltine,
Benjamin Massey, Jonathan Corner, Jesse Rice,
Sylvester C. Parkhurst, Daniel N. Breed, Ezra
Mudge, and Samuel P. Page, together with such
other persons as shall be duly elected members of
said Corporation, in the manner which is in this
act provided, be, and they hereby are, constituted
a corporation and body politic, by the ni?:ie of the
Lynn Insiiturioi] for Savings, and shall so continue
for the term of tvv<;nty years.
358 LYNN INST. FOR SAVINGS. June 20, 1826.
vSec. 2. Be it further enacted, That said Corpo-
capabieofre- ratioD shall bc Capable of receivliig from any per-
son or persons, disposed to obtain and enjoy the
advantages of said Institution, any deposit or de-
posits of money, and to use and improve the same,
for the purposes, and according to the directions
herein mentioned and provided.
Sec. 3. Be it further enacted. That all deposits
of money received by the said Corporation, shall
be by the same used and improved to the best
[ncome or pro- advantage: and the income or profit thereof shall
lit, how appll- 1 T1 IT'li
ed, &c. be by them applied and divided among the per-
sons making the said deposits, their executors,
administrators, or assigns, in just proportion, and
the principal of such deposits may be withdrawn,
at such times, and in such manner, as said Corpo-
ration shall direct and appoint.
Sec 4. Be it further enacted, That said Corpo-
members.° ^'""^^ Tation may, at any legal meeting, have power to
elect, by ballot, any other person or persons as
members of said Corporation.
Sec. 5. Be it further enacted, That the said Cor-
iiaveacommon poratlott may havc a common seal, which they
may change or renew at pleasure; and that all
deeds, conveyances and grants, covenants and
agreements, made by their Treasurer, or any other
person, by their authority and direction, shall be
good and valid ; and the said Corporation shall, at
all times, have power to sue and be sued, and may
defend, and shall be held to ansv/er by the name
aforesaid.
Sec. 6. Be it further enacted, That the said Cor-
Meeting, when poration shall hereafter meet at Lynn, some time
in the month of January, annually, and as much
oftener as they may judge expedient ; and any
seven members of the said Corporation, the Presi-
ciuoium. dent. Secretary, or Treasurer being one, shall be a
quorum ; and the said Corporation, at their meet-
™ „ ing in January annually, shall have power to elect
Choose a Picsi- O *' i i i i /t»
rfent,&e. and choose a President, and all other such officers,
as to them shall appear necessary ; which officers.
held.
LYNN INST. FOR SAVINGS. June 20, 1826. 359
so chosen, shall continue in office one year, and
until others are chosen in their room ; and all offi-
cers so chosen shall be under oath to the faithful
performance of the duties of their offices respec-
tively.
Sec. 7. Be it further enacted, That the said Cor-
poration hereby are vested with power of making f;;;'/'' *" ""'''•
laws for the more orderl}?^ managing the business
of the Corporation : Provided the same are not re-
pugnant to the constitution or laws of this Com-
monwealth.
Sec. 8. Be it further enacted, That either of the
persons named in the first section of this act may
call the first meeting of said Corporation, by pub- First meeting.
lie notification in the Lynn newspaper, at such
time and place as he shall judge proper.
Sec. 9. Be it further enacted. That the officers
and agents of the said Institution shall lay a state-
ment of the affairs thereof before any persons ap-
pointed by the Legislature to examine the same,
whenever required so to do, and shall exhibit to
them all the books and papers relating thereto;
and shall submit to be examined by them concern-
ing the same under oath. And the Legislature Eejdat'ie.''*
may, at any time, make such further regulations
for the government of said Institution, as they may
deem expedient ; and may alter and amend or re-
peal this act at pleasure.
[Approved by the Governor, June 20, 1826.]
45
MO HOOK & LAD. MEN. CHARLS. June 20, 1826,
CHAP. XXI.
An Act anthorizing the Selectmen of Charlestown
to appoint a company of Hook and Ladder Men,
and additional Engine Men.
Sec. 1. JdE it enacted by the Senate and House
of Bepresentativcs in General Court assembled, and
by the authority of the same, That the Selectmen
of the town of Charlestown, in the county of Mid-
dlesex, be, and they hereby are, authorized and
May appoint a cmpowcrcd to appoint a Company of Hook and
HoXand°Lad- Ladder Men, consisting of not more than forty,
' whose duty it shall be, under the direction of the
Firewards in said town, to attend fires therein with
fire-hooks, fire-sails and ladders, and to be subject
to such further duties, and organized and provided
in such manner, as the said Selectmen shall, from
time to time, direct.
Sec. 2. Be it further enacted, That the said Se-
lectmen be authorized and empowered to appoint
May.^appoint gny numbcr of Engine Men, not exceeding thirty-
five, in addition to the number they are authorized
to appoint by existing laws ; and the Engine Men
so appointed may be attached to any new Engine
Company, which may be hereafter formed or ap-
portioned among any of the Engine Companies of
said town, at the discretion of the Selectmen ; and
all persons appointed to any company, pursuant to
iiowiongin tjjg provisions of this act, shall continue in office
during the pleasure of said Selectmen, and be en-
titled to all the privileges and exemptions to which
Engine Men now are, or may hereafter be by law
entitled.
Sec. 3. Be it further enacted, That the Resolve
authorizing the Selectmen of Charlestown to ap-
aepeai. poiut additional Engine Men, passed December
seventh, one thousand eight hundred and sixteen,
be, and the same is hereby repealed.
[Approved by the Governor, June 20, 1826.]
Sum appropi'iib
WINCH. WOOL. MAN, COM. June 20, 1826. mi
CHAP. XXH.
An Act in addition to an act, entitled, " an act to
carry into effect certain stipulations in the act
for erecting the District of Maine into a separate
State."
xSe it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That, for defraying
the one half of the expense of surveying the laijds
in the State of Maine already surveyed, and to be
surveyed and divided, which were owned in com-
mon by the said Commonwealth and State, and the
charges attending such survey, and also for defray-
ing the one half of the compensation of the Secre-
tary of said Commissioners, and paying for the ^^^
stationary necessary to be used by them, exclusive
of the personal expenses of said Commissioners,
the sum of four thousand dollars, be, and hereby is
appropriated, as a contingent fund, to be drawn for
and paid as is provided in the act to which this is
additional.
[Approved by the Governor, June 20, 1826.]
CHAP. xxni.
An Act to incorporate the Winchendon Woollen
Manufacturing Company.
Sec. 1. OE zY enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Sylvanus
Holbrook, Isaac Livermore, and James C. Dunn, Persons incw-
together with such other persons as may become ^'*'^''
m% WINCH. WOOL. MAN. COM. June 20, 1826.
associates with them, their successors and assigns,
be, and they hereby are, made and constituted a
body politic and corporate, by the name of the
Winchendon Woollen Manufacturing Company, for
the purpose of manufacturing Woollen Cloths, of
various kinds, in the town of Winchendon, in the
county of Worcester, and for that purpose shall
fd*w,&c. have all the powers and privileges, and be subject
to all the duties and requirements contained in an
act passed on the third day of March, in the year
of our Lord one thousand eight hundred and nine,
entitled, " an act defining the general powers and
duties of manufacturing corporations," and the
several acts in addition thereto.
Sec. 2. Be it further enacted, That the said Cor-
»laysue,&c. poratiou shall and may sue, and be sued, plead and
be impleaded, defend and be defended, in any
court or place whatsoever, by their corporate name
aforesaid ; and shall have power to make, have and
use a common seal, and the same at pleasure to
break, alter and renew.
Sec. 3. Be it further enacted, That the said Cor-
Hoidreaitsttte. poration may hold and possess such real estate,
not exceeding in value the sum of one hundred
thousand dollars, and such personal estate not ex-
ceeding in value the sum of one hundred thou-
sand dollars, as may be necessary and conve-
nient for the purposes of this incorporation.
Sec. 4. Be it further enacted, That any one of
the persons named in this act, be, and either of
said persons hereby is, authorized to appoint the
first meeting, ^-^j^ ^^^ placc for holding the first meeting of the
said Corporation, giving ten days notice thereof to
the others, either in person or writing, any thing
in the second section of the act aforesaid, defining
the general powers and duties of manufacturing
corporations to the contrary notwithstanding.
[Approved by the Governor, June 20, 1826.]
BRIDGE OVER NORTH RIV. June 20, 1826. 363
CHAP. XXIV.
An Act to authorize the building a Bridge over
the North River, between the towns of Hanover
and Pembroke.
Sec. 1. oE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, Tliat the Com-
missioners of Highways for the county of Ply-
mouth, when appointed, pursuant to the provisions
of an act, entitled, " an act in addition to an act, di-
recting the method of laying out Highways," passed Powsr to:iay
March 4th, 1826, be, and hereby are, authorized buiid'l Tddge.
and empowered to lay out a Public Highway across
the North River, and build a Bridge over the same;
between the towns of Hanover and Pembroke, the
same being navigable water, not exceeding ten
rods below the present bridge over said River,
between said towns, in case said Commissioners,
after a full hearing, shall be of the opinion that the
public good requires it.
Sec. 2. Be it further enacted, That if the said
Commissioners shall lay out said road, and cause width or
said Bridge to be built, said bridge shall not be '' "*"^
made of a less width than twenty-five feet between
the abutments.
[Approved by the Governor, June 20, 1826.]
364
PIGEON COVE PIER COM. June 20, 1826
Further time
allowed.
CHAP. XXV.
An Act in addition to an act, entitled, " an act in
addition to an act to incorporate the President,
^ Directors and Company of the Merchants Bank
in Salem."
XjE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That a further
period of nine months, from and after the first
Monday of June current, be, and hereby is allow-
ed to the members of said Corporation, for the
payment of the addition to its capital stock, autho-
rized by the act to which this is in addition.
[Approved by the Governor, June 20, 1826.]
Persons incoi-
porated.
CHAP. XXVI.
An Act to establish a Corporation by the name of
the Pigeon Cove Pier Company, in Gloucester.
Sec. 1. aSE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Daniel
Wheeler, Daniel W. Tuttle, Abraham Liirvey, Ne-
hemiah Knowlton, William Pool, Walter Knowl-
ton, with such other persons as have, or may here-
after associate with them, their successors or as-
signs, shall be, and hereby are made a Corporation
by the name of the Pigeon Cove Pier Company,
in the town of Gloucester, in the county of Essex,
for the purpose of erecting and maintaining a stone
pier, at Pigeon Cove, so called, in said town of
PIGEON COVE PIER COM. June 20, 1826. 365
Gloucester, and by that name m^^ sue and be May sue, &c
sued, may plead and be impleaded, and shall ap-
pear and prosecute and defend, in all actions or
suits, for or against them unto final judgment, exe-
cution and satisfaction: and they may have and sea? ^'''*"'
use a common seal, and shall be capable in law to
take and hold by devise, purchase, or otherwise,
real estate, and to make and execute conveyance
of real estate : Provided, that the whole of the i"'"^'^"
real estate which the said Company may at any
one time hold and possess, in their corporate ca-
pacity, shall not exceed in value twenty thousand
dollars.
Sec. 2. Be it further enacted, That the said pier Location; &c
shall be located on the main land, on the southwest
side of Pigeon Cove, running north-easterly one
hundred and sixty-four feet, and ending at low wa-
ter mark ; and said pier shall be one hundred feet
wide, and built of stone and other materials.
Sec. 3. Be it further enacted. That the said pe-
titioners, or either of them, may call the first meet- First meeting.
ing of the said Corporation by advertising and post-
ing up a notification thereof at one or more of the
insurance offices in said town of Gloucester, at
least ten days before the day of meeting ; and at
that, or any other legal meeting, the said Corpora-
tion may agree on a mode of calling future meet-
ings ; and they may elect a President, Trustees, ^r' ^'''''''"
Clerk, and such other officers as they judge ne-
cessary for the orderly conducting their affairs,
and the prudent management of their estate ; and
such officers, at their pleasure, may change or re-
move ; and at all their meetings the said proprie-
tors present may vote according to their interests
respectively, in said property, allowing one vote to
each share : Provided however, that no person shall Proviso.
have more than five votes, and absent proprietors
may vote by proxy in writing. And the said pro-
prietors may, at any legal meeting, adopt such by- Adopt by-iaw*,
laws, rules, and regulations, as they may judge
necessary and convenient for the orderly man-
366
Proviso.
INTEREST AND USURY.
June 20, 1826.
Shares consid-
ered as person-
U.I estate.
Shares liable
to attachment
This act may
be altered, &c. ;
agement of th^ir affairs : Provided, they be not
repugnant to tbe constitution and laws of this
Commonwealth.
Sec. 4. And be it further enacted, That the share
or shares of each proprietor in the said corporate
property shall be considered, and held to be, in
all respects, personal estate, and shall be trans-
ferred in such manner as the proprietors, in their
by-laws, shall provide and direct. And the shares
of any proprietor in said Pier Company may be at-
tached on mesne process, or taken and sold on exe-
cution, in the manner pointed out by an act enti-
tled, " an act directing the mode of attaching on
mesne process, and selling by execution, shares of
debtors in incorporated companies.
Sec. 5. Be it further enacted. That this act may
be altered, amended, or repealed, at the pleasure
of the Legislature.
[Approved by the Governor, June 20, 1826.]
CHAP. XXVII.
An Act in addition to an act, entitled " an act to
establish the Rate of Interest, and to restrain
the taking of Excessive Usury."
Sec. 1. i3E it enacted by the Senate and House
of Representatives, in General Court assembled^
and by the authority of the same. That whenever,
in any action brought on any contract or assurance
for the payment of money, it shall appear to the
Court before which such action shall be tried, by
the pleading in the case, and on application of the
defendant, that a greater rate of interest shall have
been directly or indirectly reserved or taken, than
LNTEREST AND USURY. June 20, 1826. 367
is allowed by the act to which this act is in addi-
tion, the defendant shall recover his full costs, and
the plaintiff shall forfeit three fold the amount of
the whole interest reserved or taken, and shall f'»'^''«'^ i
have judgment and execution for the balance only,
which may remain due upon said contract or as-
surance, after deducting three fold the amount of
said interest ; and whenever a greater rate of in-
terest shall have been paid than as aforesaid, a
remedy shall accrue to recover back three fold the
amount of the whole interest paid, either by an
action of debt in any Court having jurisdiction ^ .
■/ C7 •/ Action.
thereof, or by a bill in Chancery in the Supreme
Judicial Court, which Courtis hereby authorized to
try the same, provided said action shall be brought,
or bill filed, within two years from the time when
the right thereto accrued.
Sec. 2. Be it further enacted, That i^o banking
or other institutions, which now are, or hereafter BantF
may be, incorporated in this Commonwealth, shall
reserve, take, or receive, directly or indirectly, any
greater rate of interest than by law they are au-
thorized to reserve, take, and receive, before the
passage of this act, upon penalty of forfeiting three
told the amount of the whole interest taken or re-
served, to be recovered by indictment or informa-
tion before any Court proper to try the same, to
the use of the Commonwealth.
Sec. 3. Be it further enacted, That nothing con-
tained in this act shall affect any contract already made'**^^ **"*
made.
Sec. 4. Be it further enacted, That the provi-
sions of the act to which this act is in addition,
shall not hereafter be construed to extend to any
contract made, or security given, before the pass-
ing of said act.
Sec. 5. Be it further enacted, That in the trial
of any action wherein it shall appear by the plead-
ings that the fact of usury shall be put in issue, it
shall be lawful for the debtor, the creditor being
alive, to become a witness, and his testimony shall SS''"* ^'^'
46
368 BOST. GL. BOTTLE MAN. CO. June 20, 1826.
be received as evidence, and the creditor, if he
shall offer his testimony, shall be received as a
witness, together with any other legal evidence
that may be introduced by either party.
Sec. 6. Be it further enacted, That the second
proviso in the first section, together with the second
and third sections of the act, to which this act is in
"addition, be, and the same are hereby repealed :
Provided, That nothing in this act shall extend to
the letting of cattle, or other usages of the like na-
ture in practice among farmers, or maritime con-
tracts among merchants, as bottomry, insurance,
or course of exchange, as hath been heretofore
accustomed.
[Approved by the Governor, June 20, 1826.]
■Repeal
Proviso.
ftrionii incor-
porated.
Fowarg, &6.
CHAP. XXVIII.
An Act to incorporate the Boston Glass Bottle
Manufacturing Company.
Sec. 1. JdE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Charles
Wade, Thomas Hasluns, and William Underwood,
together with such other persons as may beconae
associates with them, their successors and assigns,
be, and they hereb}^ are, made a Corporation by
the name of the Boston Glass Bottle Manufactur-
ing Company, for the purpose of manufacturing
bottles, and other glass ware, in the City of Bos-
ton, in the County of Suffolk ; and for that pur-
pose shall have all the powers and privileges, and
shall be subject to all the duties and requirements,
contained in an act passed on the third day of
March, in the year of our Lord, one thousand
estate
SALEM MILL DAM COR. June 20, 1826. 369
eight hundred and nine, entitled " an act defining
the general powers and duties of manufacturing
corporationg," and the several acts in addition
thereto.
Sec. 2. Be a further enacted, That the said Cor-
poration may hold and possess such real estate, "d^'pSn""^
not exceeding in value the sum of forty thousand
dollars, and such personal estate, not exceeding in
value, the sum of sixty thousand dollars, as may be
necessary and convenient for carrying on the man-
ufacture of bottles in the city of Boston aforesaid,
[Approved by the Governor, June 20, 1826.]
CHAP. XXIX.
An Act in addition to an act entitled, " an act to in-
corporate the Salem Mill Dam Corporation."
J5E it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same. That the Salem
Mill Dam Corporation, be, and they hereby are i^^^J'^'J,"* **
authorized to make the Gate-way in the channel of ^»y
the River mentioned in the act to which this is in „,., ,
addition, of the width of twenty-five feet, instead
of twenty six feet, any thing in said act to the con^
trary notwithstanding.
[Approved by the Governor, June 20, 1826.]
porated.
370 UNIV, SO. IN PLYMPTON. Ju?ie 20, 1826
CHAP. XXX.
An Act to incorporate the First Universalist Socie-
ty in Plympton.
Sec. 1. 1>E it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same. That Thomas Ran-
dall, Isaac Loring, 2d, Ellis Wright, Isaac Wright,
persons iBcor- Jf. Mclzar LoHttg, Jr. Robert B. Loring, South-
wort Wright, Daniel D. Wright, Isaac Wright,
John Bisbee, Peleg Wright, together with such
others as may hereafter associate with them, be
and they hereby are incorporated into a Society,
by the name of" the First Universalist Society in
Plympton" with all the privileges, powers and im-
munities, to which other Religious Societies are en-
titled by the Constitution and laws of this Com-
monwealth, and subject to all the duties and lia-
bilities of the same.
Sec. 2. Be it further enacted^ That any Justice
of the Peace of the County of Plymouth, be, and is
hereby authorized, to issue his warrant, directed to
m^u^r"" any member of said Society, requiring him to warn
the members of said Society to meet at a suitable
time and place to be appointed in said warrant,
then and there to elect such officers for the man-
Eiect Officers, agcment of the affairs of said Society as they shall
see fit, and transact such other business as may
be deemed necessary.
Justice of Peaeo
to igsue his war-
rant, to a meni'
[Approved by the Governor, June 20, 1826.1
Persons iiicor
porated.
WATTTTPPA RESERVOIR CO. June 20, 1826. 371
CHAP. XXXI.
An Act to incorporate the Wattuppa Reservoii
Company.
JSpx. 1. Jt>E zY enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That David An-
thony, Nathaniel B. Borden, Oliver Chase, and
Bradford Durfee, and their associates, successors
and assigns, be, and they hereby are constituted a
corporation and body politic, by the name of the
Wattuppa Reservoir Company, for the purpose of
constructing a reservoir of water in the Wattuppa
Ponds, so called, in the town of Troy, in the County
of Bristol, for the benefit of the manufacturing es-
tablishments, on Fall River; and, for this purpose,
shall have all the privileges and immunities and be privii»ges, &c.
subject to all the duties and requirements contain-
ed in an act passed on the third day of March, in
the year of our Lord one thousand eight hundred
and nine, " entitled an act defining the general pow-
ers and duties of manufacturing corporations," and
the several acts in addition thereto.
Sec. 2. Be it further enacted, That said cor-
poration shall have power to make reserves of foTako^'reslr-
water in the Wattuppa Ponds, so called, by erecting '"''"• *'
a dam across the outlet of said Ponds, in the town
of Troy, in the County of Bristol, so as to raise the
water in said Ponds, two feet higher than the dam
already erected by the Troy Cotton and Woollen
Manufactory in said town of Troy, and to draw off
said reserved water in such quantities, at such times,
and in such manner, as they shall judge to be most
for the interest of all concerned.
Sec. 3. Be it further enacted, That the said
corporation is authorized to acquire, by purchase
or otherwise, and to hold and possess, such real May how rMS
estate, not exceeding in value ten thousand dollars, esfatr'""**'
372
CHANGE OF NAMES.
Jime^O, 1826.
Cipita) Stock.
Liable for dam-
ages
and such personal estate, not exceeding in value
five thousand dollars, as may he necessary to ef-
fect the purposes aforesaid.
Sec. 4. Be it further enacted, That the Capital
Stock of said corporation shall be divided into one
hundred shares, to be held, assessed aad alienated
agreeably to the by-laws of the Corporation ; and
said by-laws shall not be adopted nor amended
without the unanimous consent of all the proprie-
tors, any thing contained in an act entitled " an
act defining the general powers and duties of man-
ufacturing corporations" to the contrar}' notwith-
standing.
Sec. f). Be it further enacted, That if said cor-
poration, in effecting the purposes aforesaid, shall
become liable for damages to any person by flow-
ing, such damage shall be ascertained, and shall be
paid by said corporation, according to the provi-
sions of an act entitled, " an act for the support and
regulation of Mills," and the several acts in addi-
tion thereto.
[Approved by the Governor, June 20, 1826.]
CHAP. XXXH.
An Act to change the names of the several persons
therein mentioned.
IMaineg ehang
ed.
Sec. 1. Be 27 enacted by the Senate and House
oj Representatives in General Court assembled,
and by the authority of the same, That Samuel
Thompson, a minor, son of Alice Bently of Boston,
may take the name of Samuel Bently ; that Samuel
Brooks late of Salem, scrivener, may take the name
of Samuel Mitchell Waring Brooks; that John
Cass, late of New Hampshire, may take th«
CHANGE OF NAMES. June 20, 1826.
name of John Carr Cass ; that Samuel Conant
may take the name of Samuel Williams Conant ;
that Ebenezer Dyer, may take the name of Eben-
ezer Elms Dyer ; that Mable C. Ellis, ma)- take the
name of Mary-Ann Ellis ; that Wendell Moreno,
may take the name of George Wendall Lloyd ;
that Michael Myron, a minor, may take the name
of his father, William Myron ; that Jacob Rogers,
may take the name of Jacob Abner Rogers ; that
Robert Steele, trader, may take the name of James
Robert Steele ; all of Boston in the County of Suf-
folk :->that Judith Dole Bartlett of West Newbury,
may take the name of Caroline Judith Bartlett ;
that George Brown Very of Salem, may take the
name of George Brown ; that Joseph Clements of
New^buryport, may take the name of Joseph War-
ren Clements ; that John Fettyplace of Salem, a
minor, may take the name of Thomas John Fetty-
place ; that Richard Tink of Manchester, master
mariner, may take the name of Richard Trask ;
that Abigail his wife, may take the name
of Abigail H. Trask ; and also, that their three chil-
dren, being minors, may take the name of Trask,
viz. that Richard T. Tink, may take the name of
Richard T. Trask ; that Mary Abigail Tink, may
take the name of Mary Abigail Trask ; and that
Charles H. Tink, may take the name of Charles H.
Trask ; that Hugh Judge Alley of Lynn, may take
the name of Elbridge D. W^arren ; all of the county
of Essex ; — that William Howard Cades of Charles-
town, husbandman, may take the name of William
Cades Howard; that Israel New^hall Peese of South
Reading, cordwainer, may take the name of Israel
Newhall ; that Greenleaf Henderson Pees of said
South Reading, may take the name of William
Newhall; that Harriet Burnham of South Reading,
may take the name of Mary Rayner Burnham ; all
of the county of Middlesex ; — that Sylvester Sage
Arnold of Braintree, may take the name of George
Washington Arnold ; that Noah Fiske of Dover,
may take the name of Noah Allen Fiske ; both of
374 N. UNIV. SOC. IN SALEM. June 20, 182G.
the county of Norfolk ; — that Jennings Bovven of
Leicester, tanner, may take the name of George
Bowen ; that Lois Whiting of Barre, may take the
name of Ann Louisa Whiting; both of the county
of Worcester; — that Betsey Caswell of Middlebo-
rough, in the county of Plymouth, may take the
name of Betsey Jones; and that her two children,
being minors, may also take the name of Jones, viz.
Ebenezer Jones Caswell, may take the name of
Ebenezer Jones, and that Paul Lewis Caswell, may
take the name of Paul Lewis Jones ; — that James
Lawrence, a minor of Sandwich, in the county of
Barnstable, may take the name of James Lawrence
Percival ; and that Zadock Norton of Edgartown
in the county of Dukes, tailor, may take the name
of Francis Adlington. And the said several persons
herein named shall hereafter be called and known
by the names which, by this act, they are respec-
tively allowed to assume as aforesaid, and the same
shall be considered as their only proper and legal
names.
[Approved by the Governor, June 20, 1826.]
CHAP. XXXIII.
An Act to incorporate the New Universal ist Society
in Salem.
Sec. 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Holten J.
Persons .ncor- Brecd, Nathauicl Frothingham, James Moody,
porated. James Ropes, and Joseph Tufts, jun. and such per-
sons as now are, or hereafter may be, associated
with them, not being less than the number of ten
legal voters,qualified to vote in any parish, precinct,
m
N. UNIV. SOC. IN SALEM. June 20, 1826. 375
or religious society, be, and they hereby are, in-
corporated into a religious society by the name of
the New Universalist' Society in Salem, with all p^^^^s*'. ^''^
the privileges, powers, and immunities to which
religious societies are entitled by the constitution
and laws of this Commonwealth.
Sec. 2. Be it farther enacted, That the said Cor-
poration may purchase and hold any lot of land Estate.
for their use as a site for a meeting house, and
such other estate, real and personal, as the Corpo-
ration shall determine to own : Provided hotvever, Proviso.
that the whole estate of the said Corporation, ex-
clusive of the meeting house and land appurtenant
thereto, shall not exceed the sum of five thousand
dollars.
Sec. 3. Be it further enacted, That the said Cor-
poration be, and they hereby are, authorized to
raise by an assessment on the pews in their meet- Powertoassest
ing house, such sums of money for the settlement
and maintenance of a minister or ministers, for the
building or purchase of a meeting house, and for
the purchase of such lot of land and other estate
as aforesaid, and for the building and repairing of
such meeting house, and for defraying the other
expenses of public worship, and such incidental
charges as the said corporation shall agree upon at
any legal meeting to be called for the purposes
aforesaid. And if any proprietor or proprietors of
such pew shall neglect to pay any assessment le-
gally made as aforesaid, for one year after the same
shall have been made, the Treasurer of said Cor- thodzed^oseu;
poration, for the time being, shall be authorized to *''*
sell and convey all the estate, share, and interest
of such delinquerit proprietor or proprietors in the
said Corporation, at public auction, first giving no-
tice thereof fourteen days, at least, previous to the
sale, by posting up a notification thereof at one of
the doors of said meeting house ; and upon such
sale to execute a good and sufficient deed or deeds
thereof to the purchaser or purchasers ; and after
deducting the amount of such delinquent proprie-
47
376 N. UNIV. SOCI. IN SALEM. June 20, 1826.
First meeting
tor or proprietors' assessment and interest thereon,
and all incidental costs and charges, the said
Treasurer shall pay the surplus, if any, to such de-
linquent proprietor or proprietors.
Sec. 4. Be it further enacted, That any three
or more of the persons above named be, and they
hereby are, authorized to call the first meeting of
said Corporation by posting a notification at one
of the doors of said meeting house, requiring the
members of said Corporation to meet at such time
Choose a Clerk, ^jjj place as shall be therein set forth, to choose a
Clerk, who shall be sworn to the faithful discharge
of his duty, a Treasurer, and a Committee, and
such other officers as they shall judge necessary ;
miuee. "^ ^'""' ^^^ ^^e Committco appointed at that or any other
meeting of said proprietors legally called for that
purpose, shall have authority to assess and appor-
tion on the pews in said meeting house, by such a
valuation as the said Corporation shall, from time
to time, determine, all such sums of money, as the
said Corporation shall agree to raise ; and shall
also be authorized to execute and deliver, in the
name and behalf of said Corporation, deeds of the
pews in said meeting house. And the said Corpo-
ration may, at the meeting aforesaid, agree upon
the manner of calling future meetings, and may
also act upon any other business, of which notice
shall be given in the notification aforesaid ; and at
all meetings aforesaid, the proprietor or proprie-
tors of said pews shall be allowed one vote and no
more for every pew.
Sec. 5. Be it further enacted^ That there shall
be an annual meeting of the society on such day
as shall be prescribed by the by-laws of said Cor-
poration, at whi<'h annual meeting, or any other
meeting duly called, the said society may choose
their officers, who shall hold their office during
one year, and until others are chosen in their
stead.
Future mcet-
ing».
Number of
votes.
[Approved by the Governor, Jiine 20, 1826.]
FIRST CON. M. H. IN LOWELL. June 20, 1826. 377
CHAP. XXXIV.
An Act to incorporate the Proprietors of the First
Congregational Meetiiig House in Lowell.
Sec. 1. 13 E if enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same^ That D. H. J^;^?^^'.'""'
Mason, William Davidson, Jesse Fox, Joshua Tuck-
er, William Gardner, Junior, Andrew B. Eaton,
John Fisher, Timothy Frye, Josiah Coburn, and
others, who have associated, or may hereafter asso-
ciate with them, for the purpose of building a
meeting house, their successors and assigns, be, and
they hereby are incorporated, and made a body
politic, by the name of the proprietors of the First
Congregational Meeting House in Lowell, and by
that name may sue and be sued, and may have and
use a common seal, and may ordain and establish ^^Yaw*''«
such by-laws and regulations as to them may seem
necessary and convenient for the government of
said corporation : Provided^ such by-laws and reg- Proviso.
ulations be not repugnant to the Constitution and
laws of this Commonwealth.
Sec. 2. Be it further enacted, That the said
corporation may purchase and hold real and per- g^ij^gj^jg^j^jg
sonal estate, the annual income of which, exclusive
of the meeting house and land under the same, shall
not exceed one thousand dollars, and shall divide
their estate into shares, the number of which shall
not be less than one hundred, nor more than two
hundred ; and may make and impose all necessary
assessments on such shares : Provided.^ that this Prorisc
section may be modified or repealed at any time
hereafter, if in the opinion of the Legislature it
shall be deemed expedient.
Sec. 3. Be it further enacted, That whenever
any proprietor shall neglect or refuse to pay any
assessment legally made upon his share or shares
to the Treasurer of said corporation, within thirty
378 FIRST CON. M. H. IN LOWELL. June 20, 1826
days after the same shall be made payable, the said
Treasurer is hereby authorized to sell at public
7hor"eKli. vendue the share or shares of such delinquent pro-
prietor, after posting notice of the time, place and
cause of such sale, at two or more public places in
Lowell, and also on said meetinp; house door, when-
ever such house shall have been erected, at least
thirty days previous to such sale, to execute deed
or deeds thereof to the purchaser or purchasers, and
after deducting the amount of such delinquent's
assessment, together with legal interest thereon,
from the time the same was payable, and necessa-
paTsurpius" ^^ iucideutal charges, the said Treasurer shall pay
the surplus, if any there be, to such delinquent pro-
prietor ; or the said Treasurer may sue and prose-
cute to final judgment and execution any such de-
linquent proprietor for any tax or assessment due
and payable on any share or shares of such delin-
quent proprietor.
Sac. 4. Be it further enacted^ That there shall
then'h"d'*'"' ^^ ^^ annual meeting of said proprietors after the
present year, on the second Monday in March, at
Elect. President ^hjch they shall elect by ballot, a President, Clerk,
Treasurer and five Trustees, of whom the President
shall be one, and the Treasurer and Clerk shall be
sworn to the faithful discharge of their respective
trusts ; and at such meeting each proprietor, or his
agent duly authorized in writing, shall be entitled
Ptoviga to as many votes as he holds shares : Provided,
that no one person shall be entitled to more than
ten votes.
Sec. 5. Be it/uriher enacted, That it shall be
cierk'sduty. ^[jg ^j^^y ^f ^.j-^g ^Icrk of Said corporation to keep a
record of all the proceedings of said corporation,
and of all shares and transfer of shares thereon,
and to grant certificates thereof to said proprietors,
and the shares may be transferred under the hand
and seal of the proprietors on the back of such cer-
tificate.
Sec. 6. Be it further enacted, That any Justice
of the Peace, in the county of Middlesex, be, and
First mpntinn
SUFFOLK BANK. Jt^ne 20, 1826. 379
he hereby is, authorized to issue his warrant to
some one of the said proprietors, for the purpose
of calling the first meeting, to elect officers and or-
ganize said corporation, at such convenient time
and place as he shall direct, at which meeting said
proprietors may agree upon the manner of calling
and notifying future meetings.
[Approved by the Governor, June 20, 1826.]
CHAP. XXXV.
An Act in addition to an act, entitled, " An act to
incorporate the President, Directors, and Com-
pany of the Suffolk Bank.'*
Sec. 1. JlSE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same^ That the Presi-
dent, Directors, and Company of the Suffolk Bank,
be, and hereby are authorized and empowered to
increase their present capital stock by an addition Se.&c'
of two hundred and fifty thousand dollars thereto,
in shares of one hundred dollars each, which shall
be paid in such instalments and at such times, as
the President and Directors of said Bank may di-
rect and determine : Provided hotvever, that the proviso.
whole amount shall be paid in on or before the
first Monday of October next.
Sec. 2. Be it further enacted, That the addition-
al stock aforesaid shall be subject to the like tax, subject to
regulations, restrictions, and provisions as the pre-
sent capital stock of said Corporation is now sub- ,
ject, by virtue of the act to which this is in ad-
dition.
[Approved by the Governor, June 20. 1 826.]
380 BOSTON BREWERY COM. June 20, 1826.
CHAP. XXXVT.
Persons incor-
porated.
Power, &c.
Estate.
An Act to incorporate the Boston Breweiy
Company.
Sec. 1. JKE it enacted by the Senate and House
of Representatives in General Court assembled, and
by tke authority of the same, That William B.
White, Samuel K. Allen, and George M. Gibbens,
together with such other persons as may become
associates with them, their successors and assigns,
be, and they hereby are, made a corporation by
the name of the Boston Brewery Company, for the
purpose of manufacturing malt liquors in all their
varieties, in the city of Boston, and for that pur-
pose shall have all the powers and privileges, and
be subject to all the duties and requirements con-
tained in an act passed on the third day of March,
in the year of our Lord eighteen hundred and
entitled, " an act defining the general powers and
duties of Manufacturing Corporations," and the
several acts in addition thereto.
Sec. 2. Be it further enacted. That said Corpo-
ration may hold and possess such real estate, not
exceeding, in value, the sum of fifty thousand dol-
lars, and such personal estate, not exceeding one
hundred thousand dollars, as may be found neces-
sar}' and convenient for carrying on the manufac-
ture of malt liquors in the city of Boston.^
[Approved by the Governor, June 20, 1826.]
ENGROSSING OF BILLS, &c. June 20, 1826. 381
CHAP. XXXVII.
All Act to provide for the more uniform and per-
fect engrossing of Bills, and for preserving the
same.
-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 present session of this General Court, it
shall be the duty of the Secretary of the Com- J^^^^'y'^-^-
monwealth to cause all acts which may pass to be
engrossed, to be fairly engrossed on parchment, in
a plain and legible hand writing, without interlinea-
tion, leaving a margin of not less than one and a
half inch on each side, and that each sheet of
parchment on which any act shall be engrossed,
shall be twenty-two inches long, and sixteen inches ^'e„^°^^'"'''
wide ; and that after every session of the Legisla-
ture, it shall be the duty of the said Secretary to
cause the same to be neatly and strongly bound; in
one or more volumes, according to the number of
sheets of parchment, and lettered on the back with
the Legislative year in which the same were pass-
ed, and with numbers showing the chapter with
which the volume begins and ends.
[Approved by the Governor, June 20, 1826.]
38ti LIGHT HOUSES June 20, 1826,
CHAP. XXXVHI.
An Act authorizing the United States to purchase
a site for two Light Houses within this Com-
monwealth.
13 E it enacted by the Senate and House
. of Representatives in General Court assembled^
and by the authority of the same, That the con^
sent of this Commonwealth be, and hereby is,
granted to the United States, to purchase a tract
of land, being not more than four acres, on Long
Point, in the town of Provincetown, and four acres
on Sandy Neck, in the town of Barnstable, for the
purpose of erecting Light Houses on the same :
Proviso, Provided^ that this Commonw^ealth shall retain,
and does hereby retain, a concurrent jurisdiction
with the United States, in and over the said land,
so far as that all civil and criminal processes, is-
sued under the authoiity 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 tlie same way and manner as if
the jurisdiction had not been granted as aforesaid :
Proviso. Provided further, that all persons who may remove
upon said tract of land in the town of Province-
town, and also upon said tract of land in the town
of Barnstable, the jurisdiction over each of which
is hereby granted to the United States, shall be
deemed and taken to be inhabitants of the town of
which such tract of land respectively appertains,
in the same way and manner as they would have
been had they removed into any other part of ei-
ther of said towns, and shall there do the duty, and
receive the same privileges as other inhabitants,
saving that they shall not be liable to serve on
juries, or do military duty.
[Approved by the Governor, June 20, 1826.]
eommonUiraUfi ot JH^i^i^atctiufiietti^*
SECRETARY'S OFFICE, AUGUST 9, 1826.
I HEREBY CERTIFY, that I havc Compared the Laws
printed in this pamphlet, with the original Acts as
passed by the Legislature at their session of May
and June last, and that they appear to be correct.
EDWARD D. BAJVGS,
Secretary of the Commonwealth,
LAWS
COMMONWEALTH OF MASSACHUSETTS,
PASSED BY THE GENERAL COURT,
AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE THIRD
OF JANUARY, AND ENDED ON SATURDAY, THE TENTH OF MARCH,
ONE THOUSAND EIGHT HUNDRED AND TWENTY SEVEN.
CHAP. XXXIX.
An Act authorizint^ an extra term of the Court of
Sessions in the County of Essex.
1>E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That there shall
be an extra Term of the Court of Sessions at Ip-
swich, in said County, on Tuesday 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 stated term thereof: Provided, That any mat- proviso,
ters now pending in said Court shall be proceeded
in, heard and determined, as if this act had not
been passed.
[Approved by the Governor, January 8th, 1827.]
386
N. E. LACE MAN. CO.
Jan. 17, 1827.
CHAP. XL.
An Act to incorporate the New England Lace
Manufacturing Company.
May sue, ^c.
inoR seal.
Sec. 1. Jtf E z7 enacted by the Senate and House
of Bepresensatives^ in General Court assembled^
and by the authority of the same^ That Thom-
med?"''"'"^°'as Manninp;, Ammi Smith, John Clark, their asso-
ciates, successors and assigns, shall be, and they
are hereby constituted a body politic and corporate,
by the name of the New England Lace Company,
and by tliat name may sue and be sued, plead and
be impleaded, defend and be defended, in any
Court of Record, or in any place whatever, and
shall and may do and suffer all matters, acts and
things which bodies pohtic ought to do and suffer,
and shall have power to make, have, and use a Corn-
May have acom- nion Seal, and the same again at pleasure to break,
alter and renew ; ad the said Company shall have
all the powers and privileges, and be subject to all
the duties contained in an act, entitled '* an act de-
fining the general powers and duties of Manufac-
turing Corporations," passed on the third da}' of
March, in the year of our Lord one thousand eight
hundred and nine, and all other acts in addition
thereto.
Sec. 2. Be it farther enacted^ That the said Cor-
poration, in tlieir corporate capacity, shall, and
may lawfully hold and possess such real estate, not
exceeding in value thirty thousand dollars, and
personal estate not exceeding fifty thousand dollars,
as may be necessary and convenient for carrying
on the manufacture of Lace, and of Cotton, Wool-
len, a: >d Linen goods.
Sec. 3. Be it further enacted., That the said
Thomas Manning, or either of the aforementioned
persons, is hereby authorized to call the first meet-
ing of the said Corporation, by written notice, left
Estate.
First meeting.
BEVERLY MARINE IN. CO. Jan. 20, 1827. ;i87
at the place of abode of each proprietor ; or by
letter addressed by mail, at least seven days previ-
ous to said meeting; ; at which first meeting, the
proprietors present shall choose a clerk, who shall
be sworn to the faithful discharge of his duties.
[Approved by the Governor, Jan. 17, 1827.]
CHAP. XLI.
An Act in further addition to an Act, entitled, " an
Act to incorporate Nicholas Thorndike and oth-
ers, into a Company by the name of the Bever-
ly Marine Insurance Company."
15 E it enacted by the Senate and House ,
of Representatives in General Court assembled,
and by the authority of the same. That such further Fuither:time ai
time, not exceeding two years, from and after the '°"^^^
twentieth da}' of June next, be allowed to the
Stockholders in the Beverly Marine Insurance
Comjipiiy, to pay in the residue, being the last
moiety of the Instalments; and amounting in all
to fifty dollars on a share, in the Capital Stock of the
said Company ; and that the said residue shall be
paid in at such times, and in such proportions, as
the said Directors shall order and appoint, within
the period aforesaid : Provided, however, tba-t noth- p^^j^j^^
ing in this Act, shall be construed to exonerate, or
discharge the estates of the said Stockholders from
being liable in the manner and for the purposes
mentioned in the tenth section of the said original
Act.
[Approved by the Governor, Jan. 20, 1827.]
388 CHURCH IN NANTUCKET. Jan. 20, 1827.
CHAP. XLH.
An Act to incorporate the Proprietors of the First
Universalist Church in Nantucket.
Sec. 1. 13E it enacted by the Senate and House
of Representatives in General Court assembled.,
and by the authority of the same., That Aaron Mitch-
raiX'^^'^^ell, Gardner Coffin, Elisha Starbuck, Robert F.
Parker, Henry Gardner, 3d. Samuel B. Tuck,
Henry M. Pinkham, Samuel H. Jenks, Benjamin
Pike, Peter Chase, Benjamin Worth, John R.
JVIacy, George Brown, David Coffin, 2d. Joseph T.
Worth, Eben W. Tallant, Zenas Coleman, James
Stiff, John W. Olin, Nathaniel Tallant, John B.
Nicholson, and William Lawrence, be, and they
hereby are incorporated, and made a body politic,
by the name of the Proprietors of the First Uni-
versalist Church in Nantucket, with such other
persons as are, or may hereafter, become associ-
ated and interested with them in said Church, and
the land whereon the same stands, with power to
Power to raise, raise by assessment on the pews and seats in said
^"^ Church, according to the original valuation thereof,
; uch sum and sums of money for the settlement
and maintenance of a Minister or Ministers, and
for the incidental charges of said Corporation, as
the members thereof shall agree on at any legal
meeting for that purpose.
Sec. 2. Be itfirther enacted^ That it shall be
lawful for the Trustees of said Corporation, or a
majority of them for the time being, after giving
seven days notice by posting an advertisement to
iMayseu *c. ^^^^^ effcct at tho door of said Church, to sell, or
cause to be sold at Public Auction, for the term of
one succeeding year, the use and improvement of
such pews or seats in f.aid Church, the proprietors
or owners of which shall have refused or neglect
CHURCH IN NANTUCKET. Jan. 20, 1827. 389
ed, for the space of thirty days after the proprie-
tor's annual meetinji, to pay in advance such annual
assessment as may be le2;ally laid thereon, and all
the monies accruing from such sales shall be plac-
ed to the credit of such owner and retained by
said Corporation; the Treasurer whereof for the ^rcjisurer to ex-
. 1 . , ' , , ccute leases.
time being, is hereby empowered to execute leases
to such persons as may purchase as aforesaid.
Skc. 3. Jl?id be it further enacted, that it shall
be lawful for the Treasurer of said Corporation, or
h, I 111 i I • 1 1 Treasurer to sell;
Other person as may be duly authorized by ^^c. '
the Trustees or a majority of them, to sell at Pub- ,
lie Auction, after giving thirty days notice thereof,
by posting an advertisement to that effect at the
door of said Church, all such ])ews or seats in said
Church, on which the taxes may remain unpaid by
the owners thereof, during three years after such
assessment as aforesaid, and upon such sale, to ex-
ecute H good and sufficient deed or deeds thereof
to the purchaser or purchasers, and, after deduct-
ing the amount of such delinquencies or dues, to-
gether with legal interest thereon from the time
the same was made payable, and all incidental
costs and charges, the said Treasurer, or person
authorized to sell the same, shall pay the surplus,
if any, to such delinquent proprietor.
Sec. 4. Be it further enacted. That an}' Jus-
tice of the Peace for the County of Nantucket, be. ^^fj^« ^l^' J!jf,
and hereb}' is authorized and directed to issue his choosfa'aioder"
warrant to some principal member of said ^^orpo-^'^^f'^^'l^'TJug'.
ration, requiring them to meet at such time and ^^^«'
place as shall be therein set forth, to choose a Mod-
erator and a Clerk, (who shall be duly sworn,) a
Treasurer and Trustees, not exceeding five in num-
ber, or such other officers as the proprietors shall
deem necessary, and the Moderator of such meet-
ing shall have power to administer the oath of
office to the Clerk, and the said Clerk for the time
being, under the direction of the Trustees, shall
have power to warn all future meetings of said
Proprietors, for the purpose of filling any vacan*
390 TOWN OF WAREHAM. January 20, 1827.
cies that may occur, and for such other objects as
may relate to the interests and concerns of said
Corporation.
[Approved by the Governor, Jan. 20, 1827.]
CHAP. XLIII.
An Act to annex certain territory to the Town of
Wareham.
Sec. 1. Be 27 enacted by the Senate and House
of Representatives^ in General Court assembled,
and by the authority of the same. That all fhat
tract of land, now forminj? a part of the towns of
Plymouth and Carver, comprised within the follow-
ing limits, together with the families and estates of
all persons now residing thereon, be setoff and an-
nexed to the Town of Wareham,to wit— Beginning
at the South Westerly corner of the said Town of
K"'"''''''"' Plymouth, at a brook, thence North twenty-three
and a half degrees East, about seven hundred and
fifty seven rods, to a point where the Southerly
line of said Town of Plymouth runs East and
West, thence North eighty-six and a half degrees.
West, four hundred and fifty rods to Wakinquo
River, and across said river, and in a straight line,
about three hundred and sixty-five rods to the line
now dividing the towns of Wareham and Carver ;
and thence South-easterly, following said last men-
tioned line, and the line now dividing Plymouth
and Wareham, to the point first mentioned : Pro-
*''"'''"■ vided. that all taxes, heretofore assessed by the
said towns of Plymouth or Carver, shall be paid
in like manner as if this act had not been passed.
Sec. 2. Be it further enacted, That all persons
now having a settlement, or who may hereafter
CHAT. & HAR. MAN. CO. Jan. 20, 1827. 391
Iiave a settlement, in either of said towns of Ply-
mouth or Carver, by virtue of their residence
or the residence of any other person within the'
above <l»>scribed limits, or by virtue of the owner-
ship of any person of any part thereof, shall, from
and after the passini]j of this act, be deemed and
taken to have a settlement in the said town of
Wareham ; and tlie said town of Wareham shall
be liable to the suppoit and maintenance of all
such persons, in the same manner and to the same
extent, as if the said territory had oriirmally con-
stituted a part of said town of Wareham.
[Approved by the Governor, Jan. TO, 1827.]
CHAP. XLIV.
An act to incorporate the Chatham and Harwich
Manufacturing Company,
Sec. 1. J3E it enacted by the Senate and House
of Representatives in General Court assembled.,
and by the authority of the same. That Joseph
Young, Salathiel Nickerson, Caleb Nickerson, S"' '"''^'"°"
Richard Sears, Isaac Hardy, Collins Hawes, Jonah
Crowell and Obed Brooks, tooether with such oth-
ers as may hereafter associate with them, their
t;uccessors and assigns, be, and they herehy are
made a Corporation by the name of the Chatham
and Harwich Manufacturing Company, for the pur-
pose of Manufacturing cotton and woollen goods,
in the town of Harwich in the county of Barnsta-
ble ; and for that purpose shall have all the pow-
ers and privileges, and be subject to all the duties
and requirements, contained in an " act defining
the general powers and duties of Manufacturing
Corporations," passed on the third day of March,
in the year of our Lord one thousand eight hun-
dred and nine, and the acts in addition thereto=
49
392 N. CON. CHURCH IN N. BED. Jan. 27, 1827.
Sec. 2. Be itjiirlher enacted^ That said Corpo-
ration may be lawfully seized and possessed of such
Ettafe. j,g^j 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 conven-
ient tor the purpose aforesaid.
[Approved by the Governor, Jan. 20, 1827.J
CHAP. XLV.
An act to incorporate the North Congregational
, Church in New Bedford.
15 E it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of the same. That Roger
Haskell, William VV. Kempton, Henry P. Willis,
J~^'"<^"P°' David Briggs, Ebenezer Hathaway, Frederick
Reed, Ivory H. Bartlett, Joshua Barker, Cornelius
Burges, Joseph Bourne, and their associates and
successors, be, and they hereby are incorporated,
into a society by the name of the North Congre-
gational Church in New Bedford, with all the priv-
ileges, powers and immunities, to which other re-
ligious societies in this Commonwealth are by
Estat*/ law entitled ; and may hold, purchase, receive by
gift or otherwise, real or personal estate, not ex-
ceeding the value of twenty thousand dollars.
[Approved by the Governor, Jan. 27, 1827.]
FOSTER N.RIVEll BRIDGE. Jan. 27, 1827. 3ft3
CHAP. XLVI.
An iijct to incorporate the Foster North River
Bridge Company.
Sec. 1. JlSE it enacted by tlie Senate and Hovse
of Representatives, in General Court assembled^ and
by the authority of the same, That Elisha Foster, Persons iuroipo.
jr. Elislia Foster, Samuel Rogers, Samuel Foster,''"*'
Howard Bowker, Lemuel Turner and Ebenezer T.
Fogg, together with such other persons as now
are associated or may be hereafter associated with
them, be, and they hereby are made and consti-
tuted a Corporation and body politic, by the name
of the Foster North River Brid^^e Company, and
by that name may sue and prosecute, and be sued'^'^^^"'''*-'
and prosecuted to final judgment and execution,
and do and suffer all matters and things which bo-
dies 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.
Si.^,c. 2. Be it further enacted^ That the said Eli-
sha Foster, jr. may, by ])osting up notifications at
some ])ublic places in the towns of Scituate and
Marshfield, warn and call a meeting of the Propri- Meeting to be.
etors, to be holden at any suitable time and place in ''^"^''
either of said towns, after ten days from the first
posting up of said notifications ; and the proprietors,
by a vote of the majority of those present or duly
represented at said meeting, allowing one vote to
and for each share, provided that no pioprietor shall
be allowed more than ten votes, shall choose a
clerk, who shall be sworn to the faithful discharge
of the duties of his office, and shall also determine
the mode of calling futui e meetings, and may elect May elect offi-
such officers, and make and establish such rules and fawV ^^^^ ^'
by-laws, not repugnant to the laws and constitution
of this Commonwealth, as to them may seem nec-
essary or convenient, lor the regulation and govern-
ment of the said Corporation, and for collecting the
toll herein after granted, and may annex penalties
394
FOSTER N. RIVER BRIDGE. Jan. 27, 1827
Liability.
to the breach of any by-laws, not exceeding ten
dollars for any one offence ; and all rules, regula-
tions and proceedings of said corporation shall be
fairly and truly recorded by the clerk, in a book
kept for that purpose.
Sec. 3. Be it further enacted^ That the said pro-
prietors be, and they hereby are authorized and
empowered, to erect a bridge over North River,
between the towns of Scituale and Marsh field in
Location, s,-c. the County of Plymouth, ne?r Foster's ship yard so
called, with a convenient draw, at least thirty feet
wide, for the passing of vessels ; and tlie said pro-
prietors shall coristantly keep some suitable person
or persons at the said bridg(N who shall raise said
draw for any vessel that may be passing up
or down said river, free of expense to the owner
thereof ; and if the person, whose dut}^ it shall be
to raise the draw for the passage of vessels, shall
unreasonably neglect or refuse to do the same, the
proprietors of said bridge shall, for every such neg-
lect 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 com-
petent jurisdiction to try the same.
Sec 4. Be it further enacted, That a toll be,
and hereb}^ 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 liorse
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 six-
teen cents ; for each cart, sled or other carriage of
burthen drawn by one beast eight cents ; if drawn
by more than one beast ten cents ; for each hcrse
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 allowed to each
team as a driver to pass free of toll, and the toll
shall commence on the day of first opening the said
' bridge, and shall continue for the term of seventy
Ton.
POSTER N. RIVER BRIDGE. Jan, 27, 1827 395
years ; and at the place where the toll shall be re-
ceived, there shall be erected and constantly ex-
posed to view a sign board with the rates of toll
i'airly and legibly written or painted thereon in
large letters : Provided, nevertheless^ That the provbo
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 pro-
prietors : Provided., also, that when the receipts Proviso.
of toll or income of said bridge shall liave amount-
ed to a sum sufficient to defray the expense of
building, repairing and sustaining the same, and
paying the interest of nine per cent, on the first
cost, the said bridge shall revert to the Common-
wealth ; or when the inhabitants of the towns of
Scituate and Marshfield shall remunerate the said
proprietors for the expense of said bridge; with
nine per cent, interest thereon, (deducting what
may have been received b}^ tolls,) said bridge shall
be opened free of toll, any thing in this act to the
contrary notwithstanding.
Sec. 5. Be it further enacted, That the said pro-
prietors be, and hereby are authorized and oblig- ^wiged to makt
ed, to lay out, make, and maintain a good and con-
venient road from said bridge over the salt marsh
on each side of said river to the main upland.
And the said proprietors shall be holden to pay all
1 1 • I I 11 • i. 1*1 Holden to pay^
damages which shall arise to any person by tak- .^c.
ing his or her land for such road, (where the same
cannot be obtained by voluntary agreement,) to be
estimated by a Committee to be appointed by the
Court of 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 happening by la} ing out pub-
lic highways.
Sec. 6. Be it further enacted, That the said
bridge shall be well built of suitable materials, that
it shall be at least twenty-two feet wide, and cov- ^'"'p^'""' ^'^
ered with planks with sufficient rails on each
H^W^
396 SCHOOL IN NANTUCKET. Jan. 27, 1827.
side ; and the said bridge shall be kept in ^ond re-
pair at all times, and said Corporation shall within
six months from the time the}^ shall commence re-
ceiving toll at said bridge, lodge in the Secretary's
Office, an account of the expenses of erecting the
same ; and they shall annually in the month of Jan-
uary exhibit to tlie Governor and Council, a
true account of the income or dividends arising
from said toll, with their necessary annual disburse-
ments on said bridge. And the books of said Cor-
poration, shall at all times be subject to the inspec-
tion of the Governor and Council, and to the
Legislature, when called for.
Sec. 7. Be it further enacted, That if the said
proprietors shall neglect, for the space of four
void ^" when years from the passing of this act, to build and
erect said bridge, then this act is to be void and of
no effect.
[Approved by the Governor, Jan. 27, 1827.]
CHAP. XLVH.
An Act to incorporate a School at Nantucket, by
the name of Admiral Isaac Coffin-s Lancastrian
School,
Sec. 1. 15E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That there be,
and hereby is established, in the town of Nantucket,
in the county of Nantucket, a School by the name
of Admiral Isaac Coffin's Lancastrian School, for
the purpose of promoting decency, 2;ood order,
and morality, and for giving a good English edu-
cation to the youth, who are descendants of the
late Tristram Coffin, who emigrated from England,
SCHOOL IN NANTUCKET. Jan. 27, 1B27. 397
about the year 1641, first settled at Salisbury, in
Massachusetts Bay, now State of Massachusetts,
and from thence removed to the town of Sherborn,
now Nantucket ; as the trustees for the time being
shall direct. And that William Coflin, Ariel Cof-
fiu, Gorham Coffin, Jared Coffin, Thaddeus Coffin, S"' '"'°''"'
and Charles G. Coffin, with such others as they
may add to their number, be nominated and ap-
pointed trustees, and they are hereby incorporated
into a body politic by the name of the Trustees of
Admiral Isaac Coffin's Lancastrian School ; and
they and their successors shall be, and continue a
body politic forever.
Sec. 2. Be it further enacted, That all lands,
buildinj»;s, monies, or other property, heretofore
given or subscribed, for the purpose of establishing
the aforesaid School, or which shall hereafter be
given, granted, or assigned, to the said trustees, shall
be confirmed to the said trustees and their succes-
sors, in tiiat trust forever, for the uses for which
said School is established. And the said trustees
shall be capable of having, holding, and taking in
fee simple, by gift, grant, devise, or otherwise, any
lands, tenements, or other estate real or personal, j-^tg^tg^^
provided the annual income of the same, shall not
exceed the sum of three thousand dollars, and shall
apply the interest, rents, and profits thereof, so as
most to promote the design of the institution.
Sec. 3. Be it further enacted., That the said
trustees for the time being, shall be the visitors
and governors of said Institution, and shall have
full power from time to time to elect such offi- powers gramfu
cers thereof, as they shall judge necessary and
convenient, and fix the tenure of their respective
offices, and to fill up all vacancies, that may happen
in the board of trustees, by death, resignation., or
removal from the town of Nantucket ; Provided al-^'>''*°
toay';,t\\?it the trustees,shall a'lbe the descendants of
the before mentioned Tristram Coffin, in the male
o' female line ; to determine the times and places
for holding their meetings, the manner of notifying
39g SCHOOL IN NANTUCKET. Jan. 27, 1727.
the trustees, to ascertain the powers and duties of
their several officers, to elect instructors and pre-
May make rules, ^^^'^"^^ their dutics, to make and ordain reasonable
'?'<=•. ' rules, orders, an<i by-laws for the 2;overnment of
the Institution, provided the same be not repug-
nant to the laws of the Commonwealth.
Sec. 4. Be it further enacted. That the trustees
of said School may have a common seal, which
they may change at pleasure ; and all deeds, sealed
May nave a com. ^^^^'^ Said Seal, auil delivered and acknowledged by
Hion seal, 4rc. ^hc Secretary of said trustees, by their order, shall
be binding 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 execu-
tion, by the name of the Trustees of Admiral Isaac
Coffin's Lancastrian School.
Sec 5. Be it further enacted, That the number
of said trustees shall never exceed nine, nor be less
^m er trus^j^j^yj gjj^^ ^^^ of which shall be appointed as presi-
dent, three of which, with the president, or five
without the president, shall be necessary to con-
stitute a quorum for doing business, but a less
number may adjourn from time to time, and a ma-
jority of those present shall decide all questions,
that may properly come before said trustees.
Sec 6. Be it further enacted, That William
Coffin, Esq. be, and he is hereby' authorized and
empowered to fix the time and place for holding
the first meeting of the trustees, and to notify them
thereof.
Sec. 7. Be it further enacted, That this act may
at any time be modified or repeajed by the Legis-
ture of this Commonwealth.
[Approved by the Governor. Jan. 27, 1827.]
first meeting.
SPRINGF. A. PAPER MAN. CO. Jan. 27, 1827. 309
CHAP. XLVTII.
An Act incorporatinsj the Springfield Ames Paper
Manufacturing Company.
-OE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That David rau.?"^ ""^"ipo-
Ames, David Ames, Jun. and John Ames, together
with such others as may hereafter be associated
with them, their successors and assigns, be, and
they are hereby made a corporation, by the name
of the Springfiekl Ames Paper Manufacturing
Company, for the purpose of manufacturing paper,
and macliinery for the same, in the to>vn of Spring-
field, in the county of Hampden, and for that pur-
pose shall have all the powers and privileges, and
be subject to all the duties and requirements con-
tained in an act, entitled " an act defining the gen-
eral powers and duties of Manufacturing Corpora-
tions," passed on the third day of March, in the
year of our Lord one thousand eight hundred and
nine, and the acts in addition thereto.
Sec. 2. Be it Jiirther enacted, That said Corpo-
ration may be lawfully seized and possessed of such
real estate not exceeding the value of one hundred Estate,
thousand dollars, and of such personal estate, not
exceeding the value of two hundred thousand dol-
lars, as may be necessary and convenient for the
purpose aforesaid.
[Approved by the Governor. January 27, 1827.]
.^0
400 EBENEZER BAKER- Jan, 27, 1827,
CHAP. XLIX.
An Act to authorize Ebenezer Baker to dispose of
certain real estate in Charlestown, and to invest
the proceeds thereof in other real estate.
J3E it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same^ That Ebenezer
Baker, of Charlestown, in the county of Middlesex,
merchant, be. and he hereby is, duly authorized
and empowered to sell and dispose of the distil
house, with the land and appurtenances thereto
belonginoj, situate in said Ciiarlestown, which were
devised to his wife, Alice Baker, for life, remain-
der to her children in fee, by her father, Matthew
Bridge, late of said Charlestown, dec eased, and to
invest the proceeds arising from said sale in other
real estate, situate in the county of Suffolk, or
Middlesex, in the name and to the use ot his said
wife for life, and the remainder in fee to her chil-
dren, according to the provisions of said will, re-
specting said distil house, and land derived as
Proviso. aforesaid : Provided, the said Elienezer Baker first
give bond, with sutfirient sureties, to tlie Judge of
Probate for the county of Middlesex, that he will
faithfully cause said premises to be sold to the
best profit and advantage, and will well and truly
invest the proceeds which shall arise from said
sale in the manner herein above provided, and any
deed, made and executed b}^ the said Kbenezer
Baker, together with his said wife, of the premises
aforesaid, in pursuance of the powers herein grant-
ed, and duly acknowledged by them, and reconled
in the Registry of deeds for the county of Middle-
sex, shall make a valid title in fee to the purchaser
Proviso. thereof: Jl7id provided further, that the sale of the
premises aforesaid, as well as the investment of
the proceeds, and all deeds of conveyance in pur-
CALV. SOC. OF WORCESTER. Feb. 2, 1827. 401
sirance of such sale and investments, shall be ap-
proved by the Judoe of Probate for the said coun-
ty of Middlesex, so as effectually to secure the
rights and interests of the said Alice Dalcer and all
her children, conformably to the true interest of
the devise aforesaid.
[Approved by the Governor, January 27, 1827.]
CHAP. L.
An Act to incorporate certain persons as Trustees
of the Parocliial Funds of the Calvinistic Society
in Worcester.
Sec. 1. -OE 27 enacted by the Senate and House
of Representatives in General Court assembled^
a?idb2/ the authority of the same. That William Mc^"' "'""^'"
Farland, Samuel Taylor, William B. Fox, Parley
Goddard, and Loammi Ives Hoadley, of said
Worcester, members of said Calvinist Society, and
parties to a certain indenture made by Daniel
Waldo, of the other part, dated the twenty-ninth
day of July last, conveying certain real estate to
said persons in trust for the benefit of said society,
be, and they, with their succesFors, hereby are in-
corporated into a body politic forever, by the name
and title of "the Trustees of the Parochial Funds
of the Calvinist Society in Worcester," and by that
name and title shall have perpetual succession.
Sec. 2.' .^nd be it further enacted. That the said
Trustees shall have and keep a common seal, sub- common seai,^o
ject to be changed or altered at pleasure, and may
sue and be sued, and prosecute and defend, to final
judgment and execution by the name and title
aforesaid; and the number of said Trustees shall Sf""^^'"-
never be less than five, three of whom shall form
402
CALV. SOC. OF WORCESTER. Feb. 2, 1827
Trustees to
choose officeit
a quorum for doing business ; and the said Trus-
tees are hereby authorized and empowered to
choose a President, Treasurer, and Clerk, and sucli
other officer or officers as they may judge neces-
sary for the due management of the concerns of
the said Corporation ; to make such by-laws and
regulations, from time to time, as they may think
lit, not repugnant to the Constitution and laws of
this Commonwealth, and to exercise all powers,
" incident to corporations, which ma}' be necessary
to effect the objects of their appointment.
Sec. 3. ^nd be it further enacted^ That the real
fcTestair""''^^'' estate conveyed by said Daniel Waldo as afore-
sai<i shall vest in and be holden by the said Trus-
tees and their successois, conformably to the pro-
visions expressed and contained in the indenture
Actrecorded, 4c aforesaid, and not otherwise ; and the said Trus-
tees shall insert among their records a copy of
this act, and also of said indenture, and in the man-
agement, appropriation, and disposal of said real
estate, or of any portion thereof,or of the proceeds
thereof, the said Trustees and their successors
shall strictly conform to, and be governed by the
provisions and directions, expressed and contained
in the indenture aforesaid ; and shall also do and
perform all the acts and duties pointed out and en-
joined therein.
Sec. 4. Jlnd be it further enacted^ That the said
Trustees, and their successors, be, and they hereby
are vested with full power to receive, and hold all
monies, securities for money, and all grants of real
and personal estate, which may hereafter be given
and made to them by individuals, in trust, for the
support of public worship in said Calvinist Socie-
ty, and shall hold, manage, appropriate, and dispose
of all such estate, real or personal, as shall be giv-
en and granted to them as aforesaid, and accepted
by them, conformably to the true intent and mean-
ing of the donors thereof, as expressed in their re-
spective deeds or instruments of conveyance : Pro-
vided nevertheless, that the annual income of such
Power to re
ceive, S(v,,
Proviso.
REP. OF SUP. JUD. COURT. Feb. 2, 1827. 403
real and personal estate exclusive of the estate
conveyed by the indenture aforesaid, shall never -
< vceed the sum of two thousand dollars; and all
> ^*<ls and instruments which the said corporation
siiull lawfully make, by the name aforesaid, and
sealed with their common seal, and all acts done,
and matters passed upon by a major part of the
irKinhers th.ereof, shill be valid in law^, and binding
on said oorjioration : Provided^ the same be not re- Proviso,
pugnant to the Constitution and laws of this Com-
monwealth.
Sec. 5. 3nd be it further enacted., That when
and so often as any vacancy or vacancies shall hap- vacancies.
pen in said Corporation, by death, resignation, re-
moval irom said Calvinist societ}', or otherwise,
the same shall be filled from the niembers of said
Calvinist society by the owners of pews in the
meeting house of said society, in the way and man-
ner pointed out and prescribed in and by the in-
denture aforesaid, and not otherwise.
Sec. 6. ^Snd be it further enacted., That Loammi
Ives Hoadley be, and he hereby is authorized and
empowered to call the first meeting of said Trus- fj"' meeting.
tees, who shall thereafter determine the mode of
calling the future meetings of said Corporation.
[Approved by the Governor, February 2, 1827.]
CHAP. LI.
An Act relating to the duties of the Reporter of
decisions in the Supreme Judicial Court.
Sec. 1. -t>E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That it shall be
404 BOTTOMLEY MAN. COM. Feb. 3, 1827.,
Reporter's duty, the duty of the Reporter of the decisions of the
Supreme Judicial Court to publish annually, all the
decisions of said Court on any legal question or
questions which shall have been argued by counsel :
Pioviso. Provided hoivever, that the said Reporter shall ex-
ercise his discretion in the performance of the du-
ties of his said office, reporting each and every
case, more or less at large, according to the rela-
tive importance of such case to the public interest,
so as not to enlarge the size or number of the vol-
umes of Reports.
Sec. 2. ^ud be it further enacted. That whenever
a decision shall be made by said Court, on any
question argued as aforesaid, in the absence of the
Duty of Court, Reporter, it shall be the duty of the Court to com-
municate such decision to him in writing, the bet-
ter to enable him to comply with the provisions of
law in this behalf enacted.
[Approved by the Governor, February 2, 1827.]
CHAP. LII.
An Act to incorporate the Bottomley Manufactur-
ing Company.
Sec. 1. -Ke it enacted by the Senate and House
of Representatives in General Court assembled^
Persons incorpo.^^,^ ^^ ^^^ ^^^fh^^ify of the same/Umt William
Bangs, Benjamin Poor, and George Bangs, with
such others as have already associated, or may
hereafter associate with them, their successors and
assigns, be, and they are hereby made a Corpora-
tion by the name of the Bottomley Manufacturing
Company, for the purpose of manufacturing cloths
and woollen goods in the town of Leicester, in the
HINGHAM M. F. INS. COM. Feb. 3, 1827. 405
county of Worcester, and for that purpose shall
have all the powers and privileges, and be liable
to all the duties and requirements contained in an
act. entitled, " an act defining the general powers
and duties of Manufacturing Corporations," passed
the third day of JMarch, in the year of our Lord
one thousand eight hundred and nine, and the sev-
eral acts in ad(htion thereto.
Sec. 2. Be it further enacted^ That said Corpo-
ration may be lawfully seized and possessed of
such real estate, not exceeding in value fifty thou- Ettate.
sand dollars, and su( h personal estate not exceed-
ing in value fifty thousand dollars, as may be ne-
cessary and convenient for carrying on the manu-
factures aforesaid.
Sec. :3. Be it further enacted. That any one or
more of the persons above named, are hereby au-
thorized and empowered to call the first meeting First meetin?.
of the members of said Corporation, at such time
and place as he or they may see fit to ap})oint, by
advertising the same in any newspaper printed in
the city of Boston, or in the town of Worcester, for
the purpose of choosing officers and making by-
laws for the regulation of the officers of said Cor-
poration.
[Approved by the Governor, February 3, 1827.]
CHAP. LIII.
An Act in addition to an Act, incorporating the
Hiiigham Mutual Fire Insurance Company.
Sec. 1. 15E ?7 enacted by the Senate and House
of Represent atives in Genrrnl (Joicrt assembled^
and by the authority of the same. That whenever the
406 FISH, HAR. EDGARTOWN. Feb. 3, 1827
sum subscribed by the associates of the said Com-
pany, shall amount to Fiity rhousami Dollars, tlie
said Company sfiall be, and hereby are authorized
Term of uisur- ^^ iusufc for auy term of tiaie, not less than one
^"^^- year, nor more than seven years, on any dwelling
house, or other building, and on household furni-
ture, in the county of Plymouth, to any amount not
exceeding three quarters of the value of the prop-
erty insured.
Sec. 2. Be it further enacted^ That the third
section of the Act, '" Incorporating the Hingham
Repeal. Mutual Fire Insurance Company," be, and the same
is hereby repealed.
[Approved by the Governor, February .3, 1827.]
CHAP. IJV.
An Act to prevent the destruction of Fish, in the
Harbour of Edgartown, by seining, thereof.
Sec. 1. JlSE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That from and
after the passing of this act, it shall not be lawful
for any person or persons to catch, by seining
thereof, or by the use of nets, any Fish in the Bays,
Waters, Harbours, Creeks, or Arms of the Sea,
within the boundaries of the town of Edgartown,
excepting English Herring, Menhaden, and Mack-
proviso. erel : Provided hoioever, that this act, shall not
have force or effect to restrain the taking of Fish,
in the manner aforesaid, in any place more than
one mile from the limits of said town, nor within"
the limits of the Harbour of Holmes' Hole.
BEMIS MANUFAC. CO. Feb. 3, 1827. 407
Sec. 2. Be it further enacted^ That if any person
or persons, shall violate the provisions ot this act,
each person so offendiniij, for each and every such
offence, shall on conviction thereof, pay a fine not fine
exceeding ten dollars, nor less than one dollar, if
the quantity of Fish so taken is less than one bar-
rel, but if the quantity siiall be one barrel or more,
such person or persons so offending, shall forfeit
and pay, for each and every barrel of Fish so
taken, tlie sum of five dollars.
Skc. 3. Be it further enacted. That all fines and
forfeitures, which shall be incurred by virtue of
this act, shall be recovered, the one half to the use |'J^«^ '^^'^°^*''^ >
of him or them, who shall first sue for the same,
and the other half to the use of the town of Fdgar-
town, with legal costs of suit by action of debt, in
any court proper to try the same.
[Approved by the Governor, February 3, 1827.]
CHAP. LV.
An Act incorporating the Bemis Manufacturing
Company.
Sec. 1. 15e it enacted by the Senate and House
of Representatives in Geiieral Court assetnlled,
and by the authority of the same, That Luke persona mcorpp,
Bemis, Seth Bemis, .John Bellows, Thomas '^'^'''
Cordis, and Henry G. Rice, with such others,
as may hereafter associate with them, and their
successors, be, and they are hereby made a Corpo-
ration, b}^ the name of the Bemis Manufacturing
Company, for the purpose of manufacturing Woolen
and Cotton goods in the towns of VVatertown, and
Newton, in the cQunty of Middlesex; and shall
have all the powers and privileges, and be subject
.Ol
*
408
WARE MANUFAC. CO.
'Feb.^, 1827.
to all the duties and requisitions, contained in an act,
passed on the third day of March in the year of our
Lord one thousand eight hundred and nine, entitled
" an Act defining; the general powers and duties of
Manufacturing Corporations," and the acts in ad-
dition thereto.
Sec. 2. Be it further enacted, That the said
Corporation, may be lawfully seized and possessed
Estate, ^c. of such real estate, not exceeding the value of one
hundred thousand dollars, and such personal estate,
not exceeding two hundred thousand dollars, as
may be necessary and convenient for the purposes
aforesaid.
Sec. 3. Be it further enacted. That Seth Bemis,
or either of the persons named in this act, be, and
hereby is authorized to appoint the time and place
first meeting, for holdiug the first meeting of said Corporation,
giving ten days notice thereof, either by personal
notification or otherwise.
[Approved by the Governor, February 3, 1827.]
CHAP. LVI.
An Act in further addition to an Act, entitled '• an
Act, to incorporate the Ware Manufacturing
Company."
J3E it enacted by the Senate and House
of Rept esentatives in General Court assembled,
and by the authority of the same. That the said
Manufacturing Company in their corporate capaci-
ty, may lawfully make and sell machinery, cast-
ings, and gearing, and fit up the same for use,
wherever it shall be found necessary or convenient
for the Corporation aforesaid.
[Approved by the Governor, February 3, 1827.]
SOUTH BOSTON IRON CO. Feb. 3, 1827. 409
CHAP. LVH.
An Act to incorporate the South Boston Iron
Company.
Sec. 1. -KE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Cyrus Alger, Persons incorpp.
George C. Thacher, and William H. Howard, and
their associates, successors, and assigns, be, and
they hereby are made a Corporation, by the name
of the South Boston Iron Company, for the pur-
pose of working and manufacturing Iron in all its
different branches at Boston, in the County of
Suffolk, and for this purpose shall have all the
powers and privileges, and be subject to all the
duties and requirements, contained in an act, pass-
ed the third day of March, one thousand eight
hundred and nine, entitled '• an act defitiing the
general powers and duties of Manufacturing Cor-
porations," and the several acts in addition thereto.
Sec. 2. Be it further enacted. That the Capital
Stock of said Corporation, shall not exceed the <^ap"ai sto*.
sum of two hundred thousand dollars, and they may
be lawfully seized and possessed of such real estate
as may be necessary and convenient for the pur-
poses aforesaid, not exceeding in value the sum of
fifty thousand dollars, exclusive of the buildings
and improvements, that may be made thereon by
the said Corporation.
[Approved by the Governor, Februar}^ 3, 1827.]
410 ADAMS TEM. & SCHOOL F. Feb. 3, 1827.
CHAP. LVHI.
An Act in addition to an Act, entitled "an Act to
incorporte the Trustees of the Ministerial Fund,
in the town of Berkle3\"
Sec. l.-i^E it enacted by the Senate and House
of Repiesfnta lives in General Court assembled.,
and by the aulhority oj the some. That tiie second
section of the act. to which this is in addition, be
so amended, that the annual meeting of said Trus-
tees, shall be holden in the month of February or
March in eacli year, instead of the month of Au-
gust, and that a written notification, signed b}^ the
Clerk of said Trustees, for the time being, and
posted up at the meeting house of tlie First Con-
gregational Society, in said Berkley, seven days at
least, before such meeting, shall be legal notice of
such meeting.
Sec. 2. Be it further enacted.^ That the said
second section of tlie before mentioned act, so far
as the same is contrary to the provisions of this
act, be, and the same is hereby repealed.
Amendment.
Repeal-
1
[Approved by the Governor, February 3, 1827.]
CHAP. LIX.
An Act to incorporate the Supervisors of the
Adams Temple and School Fund, in Quincy, in
the County of Norfolk.
Sec. 1. OE it enacted by the Senate and House
of Representatives in General Court assembled,
Persons incorpo. '^^^^ % '^^ outhority of the sumc, That Thomas
Greenleaf, Josiah Quincy, Thomas Boylston AiX-
rated.
ADAMS TEM. & SCHOOL F. Feb. 3, 1827. 4U
ams, Edward iMiller, and George W. Beale, be, aud
ti't V Hie hereby constituted a body politic and
corporate b) the name of the Supervisors of the
Ad;iins Temple and School Fund in Quincy, in the
Co'.jnty ot Norfolk, and that the}, and their succes-
Siii>, to be itpponUerl in manner as directed b}'
iliw certaiii Deeds of gift, of John Adorns, late of
C^tiiMj aforesaid, bearing date the 25th day of
Juue. llit 25ih day of July, and the 10th ofAu-
gtist, in the year of our Lord one thousand eight
huiidftd and twenty-two, granting certain real
estate, a 'd a library, to the inhabitants of said
Quincy, u| on certain conditions therein expressed,
shall continue a body politic and corporate forever,
and by the same name may sue and be sued in all „ .^ ,
actions, and may prosecute the same to nnal judg-
ment and execution.
Sec. 2. Be it further enacted. That the said
Supervisors, in concert with the Selectmen of the
^ t^ r^ • r .1 a' !• till Selcctmea's duty
town or Quincy, tor the time being, shall have
power and authority, and it shall be tlieir duty to
carry into effect the intentions of the said donor,
by any act, which by the said deeds they are au-
thorized or directed to perform, and upon the con-
ditions therein prescribed and accepted by the
said town.
vSec. 3. Be it further enacted. That any gift, Any gifi. 4c.
grant, bequest, or devise, which may hereafter i>e ""^"^^ ''*''**•
made to said Supervisors, for the purposes intended
by the said donor, in the said deeds of gift, or
either of them, shall be valid and 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, improve, and manage any estate, real, personal, Estates
or mixed, the annual income of which shall not
exceed the sum of five thousand dollars in trust,
for the purposes to v.'hich the Temple and School
Fund is applicable, aud for the use and benefit, in
so much as relates to the Temple of the Congre-
gational Society at Quincy ; and in so much ai*
)
412 ADAMS TEM. & SCHOOL F. Feb. 3, 1827.
relates to the School of the inhabitants of the town
of Quincy, in their corporate capacity.
Sec. 4. JBe it further enacted^ That the said Super-
visors may assemble and meet together as often as
they may think it necessary for the promotion of
Number required t'leir trust, any three of whom shall constitute a
ne'ss.'^'*'"' ^"''" 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 may make reasonable rules,
regulations and by-law^s, and annex penalties for
the breach thereof, not repugnant to the laws of
this Commonwealth; thej^ may have a common
j«cai, 4-c seal, and change the same at their pleasure, and
they may do and perform all acts, which corporate
bodies are by law authorized to do and perform,
subject to the conditions piescribed by the said
deeds of gift, of the saiti John Adams, and to such
as may be prescribed by any gift, grant, bequest,
or devise, hereafter to be made, and which may
enure to them, for the purposes and to the uses in
the abovementioned deeds described.
Sec. 5. Be it further enacted^ That the clerk of
, ,j,k, said corporation, shall be sworn to the faithful per-
formance of the duties of his office, and shall have
the care and custody of all papers and documents,
belonging to the saidSupervisors,and shall faithfully
record in a book kept for that purpose all their
acts and proceedings and shall certify the same,
when thereto lequired, and he may call meetings
when thereto directed by the Supervisors, and do
whatever else may be incident to said office ; and
the said Supervisors may remove at their pleasure
the said clerk, and appoint another in his place,
and he shall on demand, deliver to his successor in
office, as soon as may be, all the records, papers,
and documents in his hands, in good order and
condition; and if he shall neglect to do so, for
thirty days next after such demand, he shall forfeit
ADAMS TEM. & SCHOOL F. Feb. 3, 1827. 413
and pay a fine of fifty dollars, and a further sum of
tliirt}' dollars per month for such nejrlect after-
wards, which said fines when paid, shall enure to
the benefit of the Temple and School Fund, to be
sued for in any court proper to try' the same.
Sec. G. Be it further enacted^ That the Library
given to the town of Quincy, by the said John Librarr-
Adams, shall be, and continue under the direction
of the Supervisors of the Temple, and School
Fund, with the addition of the settled Minister of
the Congreo;ational Society, and the settled Minis-
ter of the Episcopal Society, at Quincy, for the
time being, and their successors, while they shall
remain such respectively, to be disposed of accord-
ing to the conditions prescribed in the said deed
of gift : and the proceedings of the said Supervisors
and settled Ministers in relation to the disposal of cierk to record
the said Library, shall be recorded upon their books p'°'^^*''"ss.
by their clerk.
Sec 7. Be it further enacted^ That it shall be
the duty of the said Supervisors to cause to be re-
corded upon their books, copies of any proceedings ^"p"''^""^^*'"*^
of the inhabitants of the said town of Quinc}' , and
also of the majority 'of the ministers,magistrates, law-
yers, and physicians, inhabiting said town, made or
had in conformity with the conditions expressed in
the deeds of gift, of the said John Adams.
Sec 8. Be it further enacted^ That the Super-
visors aforesaid, be, and they are herebv authorized supervisors to
u})on the erection and establishment of the said
School, to exercise any authority, and to do and per-
form any act in relation to the support and mainte-
nance of the same, as Trustees forever, which the
inhabitants of the town of Quincy may authorize,
or confer upon them : Provided, the same be not Proviso
repugnant to the laws of the Commonwealth.
Sec. 9. Be it further enacted^ That the town
Treasurer, of the town of Quincy, for the time being,
shall also be Treasurer of the said Corporation, Treasurer
and shall be sworn to the faithful perform«ince of
the duties of his office: and he shall give bond.
414 ADA3IS TEM. & SCHOOL F. Feb. 3, 1827.
with sufficient surety or sureties, to be approved by
the Supervisors and Selectmen, in such penal sum
as they may require, with condition to perform aii
the duties incumbent on him as Treasurer ; and he
shall render an account of his doings, and exhibit
a fair and regular statement of the propeity and
eviden es of property in his hands, whenever they,
or the Selectmen shall require the same, and shall
deliver to his successor in office, as soon as may be,
all the books, and papers, property, and evidences
of property in his hands as Treasurer of said cor-
poration, in good order and condition ; and in case,
by reason of death, or other cause, the said town
Treasurer, shall fail to perform the duties, and
conjply with the obligations herein prescribed the
Supervisors together with the Selectmen, shall be
empowered to appoint a Treasurer, for the time
being, subject to the conditions required by this
act.
Sec. 10. Be it further enacted^ That the services
of the said Supervisors, shall always be gratuitously
rendered, but the clerk may receive such reason-
Clerk's pay, ^-c. ^\j\q compeusatlon for the performance cf his duty,
as the said Supervisors may see fit to allow, to be
taken from the said Temple and School Fund.
Sec. II. Be it further enacted^ That Thomas
First meeting. Greeulcaf, of Said Quincy, is hereby authorized to
appoint the time and place, for holding the first
meeting of the said Supervisors, and to warn such
meeting accordingly.
[Approved by the Governor, February 3, 1827.]
nOXB. MITT. FIRE INS. CO. Feb, 3, 1827. 415
CHAR LX.
An Act to incorporate the Roxbury Mutual Fire
Insurance Compan}'.
Sec. 1. H*E it enacted by the Senate and House
of Rppresentalives in General Court assembled^ and
by the authority of the same^ That Thomas K. Persons mcoiijo
Jot)es, Henry A. S. Dearborn. Charles Davis, Thoni-""'' "
a^ Simmons, Nathaniel Dorr, Jonathan Dorr, D. A.
Simmons, P. F. Copeland, Samuel J. Gardner,
.John Lemist, and tiieir associates, successors, and
assigns, are hereby cone-tituted a bod}- politic and
corporate by tlie name of the Roxl)ury Mutual
Fire Insurance Company, with powers and privi-
leges, incident to such coiporations, for the term
of tvventy-eiii'ht 3ears.
Sec. 2. Be it further enacted^ That when the
sum subscribed to be insured siiall amount to one
hundred thousand dollars, said Corporation may
insure, for the term of one to seven years, any Term to iu^-arc.
buildings, goods, or furniture, to any amount, not '^'''
exceeding three quarters of the value of the pro-
perty insured.
Sec 3. Be it further enacted, That said Corpo-
ration may choose such officers and establish sucii cloosc officers,
by-laws as the}" may deem necessary, not rep.ug-''''^"
nant to the constitution and laws of this Common-
weak!! ; and each member shall liave as many
rotes as he has policies, and may vote b}- proxy.
Sec. 4. Be it further enacted, 'I hat the funds of ^
said Corporation sliall be vested in stocks, or loan-
ed on such security as the Directors may order,
and shall be appropriated first to pay the expenses
of the Corporation, and next to pay the damages
which any member may be entitled to recover on
Ins policy. In case any member shall have a just
claim upon the Corporation exceeding the amount
of their then existing funds, the Directors siiall,
52
Funds.
416 ROXB. MUT. FIRE INS. CO. Feh. 3, 1827.
without delay, assess such sum as may be neces-
sary on the members, in proportion to the amount
of their premiums and deposits for seven years,
but not to exceed treble the amount of such pre-
miums and deposits.
Sec. 5. Be it further enacted^ That wlicnever
any member shaii recover judgment against said
Corporation, he maj^ levy his execution on their
estate or funds ; but if sufficient estate or funds
cannot be found, he may levy the sr,me on the pri-
Tjovisf.. vate property of any one of the Directors: Pro-
vided^ they first refuse or neglect for the space of
sixty days to satisfy the execution after formal de-
mand made on them for that purpose ; and any
Director, whose property may be thus taken, ma}-
sustain an action of the case against the Corpora-
tion, to recover lull and adequate damages there-
for.
Sec. 6. Be it further enacted^ That each policy
of insurance shall, of itself, without any other cere-
ate,"?cf^'*" ""^ r»ony, create a lien on any building insured, and
on the land under it, and this provision shall not
prevent the taking of other collateral security.
Sec. 7. Be it further enacted^ That in case it
should become necessary to resort to the lien or
Jcma'ndfVc'''" ^^^^ propcrty insured, the Treasurer shall de-
mand pa} ment of the insured or his legal repre-
sentative, and bkewise of the tenant in j^ossession,
and in case of non-payment, the Corporation may
sustain an action for any sum due, either on tlie
Exfecution. deposit note, or by assessment, and their execu-
tion may be levied on the insured premises ; and
the officer making the levy, may sell the whole or
any part of the estate at auction, giving notice and
proceeding in the same manner as is required in
the sale of equities of redemption on execution ; arid
the owner shall have a right to redeem the estate
by paying the cost of sale, the amount of the exe-
cution, and twelve per cent, interest thereon, with-
in one year from such sale.
PROV. liVST. SAV. IN TAUNT. Feb. 6, 1827. 417
Sec. 8. Be it furlher enacted. That this Cor-
poration s! all be liable to be taxed by any jreneral Liabiuj.
law of this Commonwealth, taxinsc other similar
instiditions ; and anv member named in this act
may call the first meetins;, by advertisinf>- the same First meoting
in any newspaper printed in the county of Nor-
folk.
[Approved by the Governor, February 3, 1827.]
CHAP. LXI.
An Act to incorporate the Provident Institution
for Savings, in tlie town of Taunton and its
•vicinity.
Sec. 1. J3E i7 enacted by the Senate and House
of Repi'psentatives in General Court assembled,
and by the authority of the same, That John VV <. st, J'ef^song mcoipo
Charh^s Richmond, James W. Otis, D. G. W. Cobb,
Samuel Crocker, John M. Williams, James L.
Hodges, Daniel Brewer, William Reed, Nathaniel
Wheeler, James Sproat, William A. F. Sproat, Ja-
cob Chapin, Thomas C. Brow/i, Thomas Wether-
bey, Thomas K. Yates, Theophilus Parsons, John
S. Kussell, James Ellis, Luther Hamilton, George
Lernard 2d, Janies W. Grossman, William W.
Crossmaii, Jonathan P. Sears, Charles Babbit,
David C. Hodges, and Charles R. Vickery, together
with such other persons as shall be duly elected
members of said Corporation in the manner which
is in this act provided, be, and they hereby are con-
stituted a Corporation, and body politic, by the
name of the Institution for Savings in the town of
Taunton and its vicinity; and shall so continue for
the term of tv/entv vears.
418 PROV, INST. SAV. IX TAUNT. Feb. 6, 1827
Sec. 2. Be it Jurther enacted, That the said
ceTc^'W "^'Corporation shall be capable of receivinpj from any
person or persons, dis[)osed to obtain and enjoy the
advantages of said Institution any deposit or
deposits of money, and to use and improve the
same for the purposes and accordins; to the direc-
tions herein mentioned and provided.
Sec. 3. Be it further enacted, That all deposits
of money received by the said Corporation, shall
be by the same used and improved to the best ad-
vantage, and tfie income or profit thereof shall be
by them applied, ar;d divided among the persons
incojjiG, 4c. making tfie said fleposits, their Executors, Admin-
istrators or Assigns, in just proportion, and the
principal of such deposits may be withdrawn at
such times and in sucli manner as said Corporation
shall direct and appoint.
Sec. 4. Be it further enacted. That said Corpor-
ation may, at any legal meetins:, have povvcr to
I\jciv elect inein- ■% j ciy ci ' i
uers. elect by ballot any other person or persons as
members of siid Corporation.
Sec 5. Be it further enacted. That said Cor-
poration may have a common seal, which they may
change or renew at pleasure, and that all deeds,
cqmmo seai,.!cc r^onveyances and grarsts, covenants and agree-
ments made by their Treasurer, or any other per-
son by their authority and direction, shall be good
and valid ; and the .said Corporation shall at all
times have power to sue and be sued, and may
defend, and shall be held to answer by the name
aforesaid.
Sec. 6. Be it further enacted. That the said
Meetin-3. Corporation shall hereafter meet at Taunton, some
time in the month of January annually, and as much
oftener as they may judge expedient; and any
seven niembers of the said Corporation, the Presi-
dent, Secretary or Treasurer being one, shall be a
quorum ; and the said Corporation at their meeting
in January annually, shall have power to elect and
inay choose ofli- choose a President, and all other such officers as
cer?, 4c. t^j them shall appear necessary, which officers, so
SALEM CHAR. ^lA. SOCIETY. Feb. 9, 1827. 419
cliosen, shall continue in oflTice one year, and until
others are chosen in their room ; and all otlictrs,
so chosen, shall be under oath to the faithful per-
formatiCC of the duties of their oftices respectively.
Sec. 7. Be it further enacted, That the said
Corporation hereby are vested with power ofLau-.
makinaf laws for the more orderly management of
tlie business of the Corporation ; Proi?/c?ec?, the^'"''"'^'
same are not repugnant to the constitution or laws
of this Commonwealth.
Sec. 8. Be it further enacted, That either of the
persons named in the first section of this act may
call the first meeting of said Corporation, by public First mneting.
notification in the Newspaper printed in Taunton,
at such time and place as he shall judge proper.
Sec 9. Be it further enacted, 'i hat the otFicers
and agents ot the said institution shall lay a state- statement.
nient of the affairs thereof, before any persons
appointed by the Legislature to examine the same,
whenever required so to do, and shall exhibit to
them all the books and papers relating thereto,
and shall submit to be examined by them, concern-
ing the same under oath ; and the Legislature may maleJT/.^ "^'^
at any time make such further regulations for the
government of said institution, as they may deem
expedient, and may amend or repeal this act at
pleasure.
[Approved by the Governor, February 6, 1827.]
CHAP. LXH.
An Act to incorporate the Salem Charitable Ma-
rine Society.
Sec 1. 13 E it enacted by the Senate and House
of Representatives in General Court assembled,
and by^ the authority of the same, That John C.
420
SALEM CHAR. MA. SOCIETY. Feb. 9, 1827.
Person:^
p orated.
Proviso.
Very, NathM. Appleton, Matthew Newport, and
Samuel Bartlett, ami their associates, and their
successors, he, and they are iiereby incorporated
and made a body politic, by the name of the Salem
Charitable Marine Societ}^, with power to have and
oommoiueai,>tc. use a commou seal, to sue and be sued, to ordain
and make from time to time by-laws and rules for
the cjovernment and management of t'le Corpora-
tion : Provided, the same be not repugnant to the
constitution and laws of this. Commonwealth, and
that they have all the privileges usually given by
acts of incorporation to Charitable Societies.
Sec. 2. Be it further enacted, That the said cor-
poration may take b}' purchase, gift, grant, or in
trust, or otherwise, and iiold real estate, not exceed.'
ing the value of five thousand dollars, and personal
etate not exceeding the value of twenty thousand
dollars, "for charitable purposes.
Sec. 3. Ue it further enacted^ That John C.
Very be, and is hereby authorized to call the first
meeting of said Corporation by a notice published
in one of the Newspapers printed in the town of
Salem, and appoint the time and place thereof, at
which meeting, such b^^-laws may be passed, a'^ are
not repugnant to the laws and constitution of this
Commonwealth, and such officers chosen for the
government of said corporation, as may be deemed
expedient.
Sec. 4. Be it further enacted. That this act may
be amended, revised or repealed, at the pleasure of
the Legislature of this Commonwealth.
Estate
First meeting
[Approved by the Governor, February 9, 1827.]
I
JUDGES OF PROBATA. Feb.% 1827. 421
CHAP. LXIII.
An ^ct in addition to Acts empowering JiuJo-es ol
Probate to appoint fxuardians to Minors and
others.
Sec. 1. ^^Fa it enacted by the Senate and House
of Representatives in Gejieral Court assembled, and
by the authority of the same^ That after application
has been made according to law, to any Judge of
Probate to appoint a Guardian to any person wlio,
by excessive drinking, gaming, idleness or de-
bauchery, is wasting his or her estate ; and after
notice has been given of such application, pud the
order thereon has been filed in the office of the
Register of Deeds, as is now provided by law, all
contracts for the payment of mone}', or the sale of contracts void
personal or real estate, made by or with the party
complained of, shall be null and void, in case a
Guardian shall be appointed upon such application.
Sec. 2. Be it further enacted, Tfiat when-
ever any Judge of Probate shall sustain any com-
plaint, made by any Selectmen, as is by the Act
to which this is in addition provided, it shall be
the duty of such Judge to make a reasonable al-
lowance for all expenses incurred in defending such
spendthrift against such complaint.
[Approved by the Governor, February 9, 1827.]
422 REAL ESTATE, &c. Feb. 9, 1827.
CHAP. LXIY.
An Aet in addition lo an Act entitled " an Act in
addition to the Acts concerning; the sale of Real
Estate, by Administrators; Executors and Guar-
dians."
13 E 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 tl.is act, when it shall fully
appear to the Justices of the Supreme Judicial
Court, by the petition and repiesentation of the
Guardians of persons p;iven to excessive drinking,
idleness, gambling, or debauchery, that it would be
for the benefit of such {persons that their Real
Estate should be disposed of, and the proceeds
th(?reof be put out and secured to them on interest,
^!'"^''"''^^''°*"' the said Justices, after a full examination on the
oath of the petitioner or otherwise, may authorize
some suitable person or persons, to sell and convey
such estate or })art thereof, by deed or deeds, duly
acknowledged and recorded in the Registry of
Deeds for the County where such real estate may
be situated ; provided such person or persons first
give bond, with sufficient sureties, to the Judge of
Probate for the same County, to observe the rules
and directions of law in the sale of Real Estates
I'roviso. by Executors and Administrators : Provided^ that
no such license shall be granted unless the Certif-
icate of the Overseers of the Poor, now by law
required to be produced, shall also contain their
approbation of such sale ; or if in their opinion it
is necessary that only a part of such estate should
be sold, th(?y shall certify what part.
[Approved by the Governor. February 9, 1827.]
Persons incorpo-
rated.
PRES. SOCIETY IN MILL. Feb. 10, 1827. 423
CHAP. LXV.
An Act to incorporate the first Presbyterian Soci-
ety in Millbury.
Sec. 1. jJE it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same, That Asa
Waters, Elias Forbes, Joseph Torry, Vernon Stiles,
David Woodward, Calvin Barker, Simon Farns-
v.'orth and Aaron Trask, together with such others
as may associate with them and their successors,
be and they hereby are incorporated into a relig-
ious society, by the name of the First Presbyterian
Societ}' in the town of Millbury, with all the privi-
leges and powers to which Parishes and Religious
Societies are entitled by the constitution and laws
of this Commonwealth ; and such society shall
have authority to take, hold and possess, b}^ grant,
gift, or otherwise, any real estate for parochial
purposes, not exceeding the value of twenty thous-
and dollars, and to raise by voluntary contribution
or otherwise a fund for the purpose of supporting
public worship and other religious, parochial and
charitable purposes, not exceeding twenty thou-
sand dollars.
Sec. 2. Be it further enacted, That the said
Society may have power to order and establish
such regulations, rules and by-laws as may seem nshT^c!"
to them expedient for the due government of the
said Society, and the management of their funds and
other parochial concerns, provided the same are
not repugnant to the constitution and laws of this
Commonwealth.
Sec 3. Be it further enacted, That the said
Society shall have full power and authority at
any meeting duly called for that purpose to assess May assess.
on the pews and seats which may be constructed
in any house they may erect, all such taxes as may
53
424 PRES. SOCIETY IX MILL. Feb. 10, 1827.
be necessary or proper for the maintenance of
public worship, and the repairs and preservation
of such house, and for all other parochial charges
and expenses, according to the relative value of
said pews and seats as ttie same shall be establish-
ed by an appraisal in conformity with the by-laws
of said Society; and the taxes so assessed sliall be
a lien on the pews and seats respectively on which
they are assessed ; and in case of the non-payment
of the tax or taxes so assessed for the space of one
year after the same shall be so assessed, the pew
or pews, seat or seats, respectively, on which the
Forfeit. samo 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 b}'-
laws and regulations provide ; and the balance of
the proceeds of said sale after deducting the
amount of all taxes due thereon, and the charges
of sale, shall be paid over to the proprietor or pro-
prietors of the pew or pews, seat or seats, so sold
or his assigns. And the Society shall have full
authority to convey to the purchaser of any pew or
or seat so sold, a good and vallid title as proprietor
„ .^ thereof And the said Society shall also have full
Further power. J
Voting. power and authority at any meeting called as
aforesaid, to assess, uuon the polls and estates of
the members thereof, all such taxes as may be
necessary for the purposes aforesaid, agreeably to
the provisions of the several acts of this Common-
wealth, regulating Parishes and other religious
societies.
Sec. 4. Be it farther enacted, That the pro-
prietors of pews or seats in the house to be erected
by said Society shall have a right to vote on any
Proviso. question in relation to the raising of money as
aforesaid, or the management of the parochial
concerns of said Society ; and the said proprie-
tors may authorize such other members of said
society who may become occupants of pews or
seats in said house, to vole upon any question
aforesaid, in such manner and to such extent ^°
NANTUCKET LYCti:UM. Feb. 12, 1827. 423
they may fix and determine from time to time :—
Proinded^ such proprietors shall not alter the^'°"'°
reo;ulations of said Society in relation to the rights
of such occupants oftener than once ifi each year.
Sec, 5. Be it further enacted^ That the first Fast meeting,
meeting of said Society shall be called by virtue
of a warrant, upon the application of any five of
the before mentioned peisons, to be issued by any
Justice of the Peace within and for the County of
Worcester, directed to any one of the before named
persons, requesting him or them to call such meet-
ing, at such time and place as may be appointed
in said warrant. And the said Society shall then May choose odi.
and there proceed to elect their officers and shall "'^' ^''■
determine in what manner future meetings of the
said Society shall be called, and shall also fix the
time and manner of electing the necessary officers
of said Society and the tenure of their respective
offices.
[Approved by the Governor, Feb. 10, 1827.]
CHAP. LXVl.
An Act to incorporate the proprietors of the Nan-
tucket Lyceum.
Sec. 1. Be it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same. That Samuel B- persons mcerfi/v
Tuck, George G. Mitchell, Edward G. Barney, ««<«.
Paul Mitchell jr. John W. Barrett, George B. Upton,
Francis F. Hussey, Charles Bunker and Peter F.
Ewer, with their associates, successors and assigns,
shall be, and hereby are made a corporation for
literary purposes, by the name of the Nantucket
Lyceum, and by that name shall be, and hereby
426
F. I. UNIV. SOC. IN SPRINGF. Feb. 13, 1827.
Proviso.
May sue, 4^c. ^re made capable in law, to sue and be sued, plead
and be impleaded, defend and be defended, in any
Court of Record, or any other place whatsoever,
and also to have, make and use a common seal,
and the same to alter and renew at pleasure, and
also to appoint a Treasurer and Clerk, with such
May appoint offi. o^*^^^ officers as they may think expedient, and also
cers- to establish and put into execution such by-laws
and regulations as to them shall appear necessary
and convenient for the government of said corpora-
tion, and the prudent management of their affairs :
Provided, the same be not repugnant to the con-
stitution and laws of this Commonwealth.
Sec. 2. Be it further enacted. That the said Cor-
poration are hereby made capable in law, to hold
and possess real estate to the amount of five thous-
and dollars, and personal estate, to the amount of
six thousand dollars, to be divided into shares not
exceeding one hundred dollars each.
Sec. 3. Be it further enacted, That Samuel B.
First meeiing. Tuck be, and he hereby is authorized and empow-
ered to call the first meeting of said proprietors by
publishing the time and place thereof in some
Newspaper in Nantucket, one week at least before
the time of said meeting ; Provided, nevertheless,
That this act of incorporation shall be determinable
at the pleasure of the Legislature.
[Approved by the Governor, Feb. 12, 1827.]
fetate.
Proviso.
CHAP. LXVII.
An Act to incorporate the First Independent Uni-
versalist Society in Springfield.
Sec. 1. 15 E it enacted by the Senate and House
of Representatives in General Court assembled,and
by the authority of the same, That Edmund Allen,
F. I. UNIV. SOC. IN. SPRINGF. Feb. 13, 1827. 427
Alexander Stocking, Dudley Brown, Israel Phillips, J^j'^"""* incorpo.
Jun. Etham A. Clary, Moses Y. Beach, who have
associated, or may associate with them, and their
successors, be, and they are hereby incorporated
as a religious society, by the name of the First In-
dependent Universalist Society in Springfield, with
all the privileges, powers and immunities to which
other religious societies in this Commonwealth are
entitled by the laws and constitution thereof.
Sec. 2. Be it further enacted., That the said socie-
ty shall be capable in law to purchase, hold and dis-"oid estate.
pose of any estate, real or personal, for the use of
said society, the annual income of which shall not
exceed five thousand dollars.
Sec. 3. Be it further enacted., That the mem-
bers of said society are hereby authorized to raise, to raise a fund
by donation or subscription, a fund for the purpose
of supporting a Universalist minister in said socie-
ty : Provided, the annual income thereof shall not ^"^^''^''■
exceed eight hundred dollars ; and all subscribers
to said fund shall be holden to pay the same ac-
cording to the subscription.
Sec. 4. Be it further enacted, That any two
of the abovenamed persons are hereby authorized
to notify the first meeting of the members of thef'fstmeetjni:
said corporation, by advertising the time and place
thereof in one or more of the public newspapers,
printed in Springfield, three days at least before
such meeting; and that the said society may, at
such, or any other meeting, agree on the mode of
calling other meetings, and elect a Clerk and Elect offi.tf<
Treasurer, and such other officers and such com-
mittee, and establish such rules and by-laws not
inconsistent with the constitution and laws of the
Commonwealth, as they shall see fit, and the same
may change at pleasure.
Sec 5. Be it further enacted, That this act
shall continue in force for twenty-one years from Term,
the date of its passage, and no longer.
[Approved by the Governor, February 13, 1827.]
428 PROP. OF EXCH. COFFEE H. Feb. 13, 1827.
CHAP. LXVIII.
An Act to incorporate the Proprietors of the Ex-
change Coffee House.
Sec. 1. J3E it enacted btj the Senate and House
of Representatives in General Court assembled
and by the authority of the same., That Edward
H. Robbins, Jun. Franklin Dexter and Samuel
TateT"* ''"'°^P°" Adams Wells, and all such persons as may asso-
ciate with them, as proprietors, their successors
and assigns, shall be and hereby are constituted
a body politic and corporate, b^ the name of the
Proprietors of the Exchange Coffee House, for the
purpose of erecting, holding, and managing a house
of public entertainment, and its appropriate appur-
tenances, with power to hold and improve the
buildings now erected on the land above described,
for purposes similar to those for which the same
are now occupied and improved ; and by that
Maysue, 4^1. namo may sue and be sued, defend and be defend-
. ed, in any courts of record or other place whatso-
ever, and shall and may do and suffer all matters,
acts, and things, which bodies politic may do and
suffer, and may make, have, and use a comn)on
seal, and the same at pleasure break, alter and re-
new, and ordain and put in execution such by-laws,
ordinances and regulations, as to them shall ap-
pear necessary and convenient for the government
of said corporation, and for the prudent manage-
ment of their affairs; and for the breach of such
by-laws, ordinances, and regulations, may order
fines and penalties not exceeding ten dollars for
Proviso. every breach : Provided, tliat such by-laws, ordi-
nances, and regulations shall not be repugnant to
the constitution and laws of this Commonwealth.
Sec 2. Be it further enacted., That the said cor-
poration be, and the same is, declared capable
PROP. OF EXCH. COFFEE II. Feb. 13, 1827. 429
to hold, have, and possess, in fee simple, or other- Estate,
wise, all or any part of that real estate in the city
of tioston,.'jounded westerly on Devonshiie street, noi.nduy.
there nieasurina; eighty-seven feet and five inches,
thence turning and bounded southerly on land of
Jonathan M.json, there measuring sixty-five feet
more or less, bounded westerly again on land of
said Mason, there measuring twenty feet and nine
inches; then bounded southerly again on the Qua-
ker meeting house estate, there measuring one
hundred and fourteen feet and seven inches ; eas-
terly on Congress street, there measuring eighteen
feet and ten inches; northerly on a court laid out
by the late proprietors of the Exchange Coffee
House, and known by the name of Congress square,
there measuring ninety-three feet and four inches ;
easterl}^ again on said Congress square, there
measuring seventy-seven feet and four inches :
northerly again on the estate late of James Prince,
deceased, there measuring fifty-seven feet and one
inch, to the point of beginning on said Devonshire
street : Provided, the said Corporation shall ac- Proviso.
quire the same by legal grant from the lawful pro-
prietors thereof; and also to have, hold, and pos-
sess such personal property, as together with the
estate above described, shall not exceed in value
the sum of one hundred thousand dollars, and said
corporation shall have power to grant, sell and alien
in fee simple or otherwise, the said corporate pro-
perty, or any part thereof, and to lease, manage,
and otherwise improve the same according to their
will and pleasure, and by such forms of convey-
ance and contract as shall by their by-laws be pro-
vided.
Sec. 3. Be it further enacted, That said pro-
prietors, at any legal meeting, may agree upon the
number of shares into which said estate shall be shares, certin.
divided, and agree upon the form of certificates to"^'"''*"'
be given to the proprietors, which shares shall be
deemed and considered as personal estate, and shall
be transferable by assignment on the back of the
430
PROP. OF EXCH. COFFEE H. Feb. 13, 1827.
Estate, A-c, Jia
ble.
Power to assess
tfC.
certificate, recorded by the clerk of the corpora-
tion, in a book to be kept for that purpose, and
shall be liable to attachments on mesne process and
sale on execution, in the manner, and according to
the form of the statutes making provision for the
attachment and sale of shares of debtors in incorpo-
rated companies.
Sec. 4. Be it further enacted^ That the real es-
tate and other property of said corporation shall
be liable to be attached on mesne process, and be
set off and sold on execution against the corpora-
tion, in the same manner as the property or estate
of individuals is by law subject to mesne or final
process.
Sec. 5. Be it further enacted, That said corpora-
^g tion shall have power, from time to time, to assess
on the stockholders such sums of mone}, not ex-
ceeding in the whole the sum of one hundred thou-
sand dollars aforesaid, for the ])urchase, improve-
ment, and good management of their estate, and
for erecting, repairing, or altering buildings, or for
the incidental expenses of the corporation, and to
sell and dispose of the shares of any delinquent
proprietor for the payment of such assessment, in
such way and manner as said corporation may, by
their by-laws and regulations, determine and agree
on.
Sec. 6. Be it further enacted, That in all meet-
ings of the Stockholders in said corporation, each
member shall be entitled to one vote for each share
held i)y him.
Sec. 7. Be it further c«^/c/erf. That either of the
persons named in the first section of this act, may
call the first meeting of said corporation, by adver-
tising in any newspaper printed in Boston, three
times, the first not less than three days before the
time appointed for such meeting ; and the corpo-
ration, at their first meeting, and afterwards, annu-
all}^, on such day as shall be established by the by-
May cuooseoffi- laws, shall choose a President, Clerk, and such
other Directors or officers as they may see fit,
"Votes.
Fust meeting.
ASIATIC BANK SALEM. Feb. 13, 1827. 431
which Clerk shall be under oath ; they may also
agree upon the mode of cailins; future mcetina;s.
Sfx. 8. Be it farther enacted. That all covenants mS'iudinY.
orcontir.cts which s lall be made by said cor|)ora-
tiou, and all debts due from it, sliall be binduig on
each one and all of those persons, individually, who
shall be stockholders in said corporation, when
such contracts res()ectively are made, and on their
respective heirs, executors, and administrators, in
the same manner as if s»ich covenants or contracts
had been made on debts contracted by such Stock-
holder or Stockholders in his or their individual
capacity.
Sec. 9. lie it further enacted^ That the Legis-
lature shall have authority to amend or repeal this
act at ai)}- time hereafter: Provided however^ that Proviso,
an}^ af't of the Legislature repealing this act shall
have the effect of vesting all the real and personal
estate of said corporation in the individual mem-
bers thereof, and theii legal representatives, in the
same propo^-tions as they shall, at the time of such
repeal, respectively hold the slock of said cor-
poration.
[Approved by the Governor, February 13, 1827.]
CHAP. LXIX.
An Act in addition to an Act, entitled "an Act, in
addition to an Act, to incorporate the President,
Directors, and Company of the Asiatic Bank, in
Salem."
-HS it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That a further
54
432 PROS. OF REAL ACTIONS. Feb. 19, 18'27.
period of twelve months from and after the fourth
day of March next, be, and hereby is allowed to
the said Corporation, for the payment of the addi-
tion to its Capital Stock, authorized by the act, to
which this is in addition.
[Approved by the Governor, February 13, 1827.]
CHAP. LXX.
An Act to prevent unnecessary delay and expense
in the Prosecution of Real Actions.
Sec. 1. DE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That in all
suits, and actions, for the recovery of lands, tene-
ments, or hereditaments, now {>ending, or which may
hereafter be commenced, the writ or suit shall
Kd"'^ ™'^ not be abated, by the death, or by the marriage, or
other disability of the demandant, but if a sole
demandant die, or be disabled to prosecute the
suit, his, or her heir, or such other person, as would,
in case the action were abated, be entitled to com-
mence the like action either alone, or jointly with
the former demandant, may on motion be permit-
ted to prosecute the suit accordingly. And if one
or more of several demandants die, or be disabled
as aforesaid, the heir or other person interested as
aforesaid, may on motion be permitted to prosecute
the suit jointly with the other demandants, and if
in the latter case, there shall be no motion to be
admitted as aforesaid, at the term next after the
happening of such death, or disability, or within
such further time as the Court shall order, then
the other demandant or demandants shall be al-
lowed to prosecute the suits for so much, or such
CHURCH IN NEW-BEDFORD. Feb. 19, 1827. 433
part of the premises as may then belong to them,
and the heir or other person, so admitted to prose-
cute, shall be entitled and subject to costs, as if
they had been orisjinal parties to such suit.
Sec. 2. Be it further enacted, That when there
are two or more tenants, in any action brought, or
which may be brought for the purpose above men-
tioned, and one or more of them shall die, after the
commencement of the suit, the same may be pros-
ecuted against the surviving tenant or tenants, if surviving tcnam
tnere be any, tor so much or such part oi the pre-ed, 4..
mises, as they then hold or claim ; and in all the
cases aforesaid, the Court shall allow such amend-
ments of the declarations and other pleadings, and
such suggestions on the record as the case may
require.
Sec. 3. Be it further enacted. That the like pro-
ceedings shall be had in all petitions for parti- siianKaftc!
tion of lands, tenements, or hereditaments, in case
of the death of the petitioner, or any one of the
petitioners, or of the death of one or more of the
respondents.
[Approved by the Governor, February 19, 1827.]
CHAP. LXXI.
An Act to incorporate the first Methodist Episco-
pal Church, in New Bedford, in the County of
Bristol.
Sec 1. JlJE it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of the same, That Jona- pcMons incorp^
than Tuttle, Timothy I. Dyer, James W. Dyer, ''''"•
James Moores, Reuben Jennings, Benjamin Pit-
man, Zacheus Cushman, Jonathan R. Ward, and
434
CHURCH IN NEW-BEDFORD. Feb. 19, 1827.
Common seal*
Property.
Proviso.
Elect officers.
First meeting.
John Fuller, all of New Bedford, in the County of
Bristol, with tlieir families and estates, together
with such other persons as may hereafter associate
with them, be and they hereby are incorporated
into a relijjjious society in the Town of New Bed-
ford, in the County of Bristol, and made a body
politic, by the name of the First Methodist Epis-
copal Church iji New Bedford, with all the privi-
leo'es, powers and imnjunities, to which relio;ious
societie« are entitled by the Constitution and Laws
of this Comtnonwealth.
Sec. 2. Be it further enacted, That the said
body politic shall have power to make and use
a common seal, and the same to break and alter at
their pleasure, and to make such by-laws for the
regulation and direction of their business, as siiall
not be repugnant to the Constitution and Laws of
this Commonwealth.
Sec. 3. Be it further enacted, That said body
politic may hold property, real or persona), or both,
to an amount not exceeding ten thousand dollars,
for the purpose of supporting with the income of
the same, the preachinii of the gospel, and other
benevolent and religious purposes : Provided, that
the income of the property thus held shall be ap-
propriated according to the original design of the
donor or donors.
Sec. 4. Be it further enacted. That said body
politic shall, at their first annual meeting, elect a
Clerk, treasurer, ajjd nine Trustees, with such
powers iiS shall be prescribed b}' the by-laws of
said body politic; and the first meeting thereof
may be called ^y Jonathan Tuttle, w ho is hereby
authorised to issue his warrant therefor, for the
choice of oflBcers, and for organizing said society.
Sec .*). Be it further enacted. That this act may
be altered, amended, or repealed, at the pleasure of
the Legislature.
[Approved by the Governor, February 19, 1827.]
CITY BANK. Feb. 19, 1827. 435
CHAP. LXXII.
An Act in ad(!ition to an act to incorporate
tfie President, Directors and Corrpany of the
City Bank.
Sec. 1. X>E lY enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the Presi-
dent, Directors and Company, of the City Bank, be,
and they hereby are authorized and empowered to
increase their present capital stock, by an addition ^»y^«icrease
of two hundred and fifty thousand dollars thereto,
in shares of one hundred dollars each, which shall
be puid in such instalments, and at such times, as
the President and Directors of said Bank may di-
rect and determine: Provided, however, that the p^^^^^^
whole amount shall be paid in within one year
from the passing; of this act.
Sec. 2. Be it further enacted. That the addi-
tional stock aforesaid, shall be subject to the likv.^.t.K'Tc!'''''''
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 ad-
dition.
[Approved by the Governor, February 19, 1827.]
436 SOCI. IN CHARLESTOWN, &c. Feb. 19, 1827.
CHAP. LXXIII.
An Act in addition to an act entitled an act to in-
corporate the Trustees of the Methodist Reli-
gious Society in Charlestown.
JlJE 27 enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same^ That from and af-
ter the passing of this act, any five of the Trus-
tees of the Methodist Religious Society in Charles-
town, shall constitute a quorum to do business, any
thing contained in said act incorporating said Trus-
tees to the contrary notwithstanding.
[Approved by the Governor, February 19, 1827.]
CHAP. LXXIV.
An Act in addition to an act to incorporate the
Blackstone Canal Company.
Sec. 1. JJR it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same, That from and af-
ter the first day of J uly next, the stockholders,in the
Stockholders uni- Blackstonc Canal Company in Rhode Island, a Cor-
poration created by the Legislature of that state, be,
and they are hereby constituted stockholders in the
Blackstone Canal Company in this Commonwealth,
with the same powers rights and privileges, as if
they had originally subscribed an equal amount of
stock in the Massachusetts Corporation, and that
Toll, 4-0. all the tolls and other property, real and personal,
and all the powers, privileges, rights and interests,
BLACKSTONE CANAL CO. Feb. 20, 1827. 437
then owned or afterwards acquired by the Massa-
chusetts Corporation, shall belong to the stockhold-
ers for the time being, and the stockholders of the
Rhode Island Corporation hereby associated with
thera, in proportion to the number of shares, by
each of them owned, and that from and after the
said first day of July next, neither of said corpo-
rations shall be capable of acquiring or holding
separate property of any kind, but that every kind
of property, rights and privileges, then owned or
afterwards acquired, by either of said Corporations,
shall be deemed and taken to be the joint prop-
erty of the stockholders for the time being, in said
two Corporations.
Sec. 2. Be it further enacted., That after the first
meeting of said Massachusetts Company, next after
the said first day of July next, and at all future meet-g^^g^oti^g ^,.
ings, the said Rhode Island Stockholders shall be
entitled to the same notice, as the original Stock-
holders, and may be present and act accordingly,
in as full a manner, as if they had originally sub-
scribed to the stock of the Company in this state.
That all meetings which shall be convened in pur-
suance of the by-laws, which may be established
by the original and associated Stockholders, shall
be legal and valid, and all officers chosen at such
meetings, shall be officers of this Corporations,
whether residing in this state, or the state of
Rhode Island : Provided^ that there shall always Proviso.
be one officer in each state, who is an inhabitant
thereof, on whom process against said Corporation
may be served, that the books and registry of the
proceedings of said original and associated stock-
holders, shall be deemed and taken to be the books
and proceedings of both Corporations, and it shall
be the duty of said Corporations to keep a regis-
try in both states of all transfers of stock either
by the original or associated stockholders.
Sec. 3. Be it further enacted, That the shares of
any stockholder in said Company, whether made j^. ^.^.^ .
such by the provision of this act or otherwise,shall be
438 BLACKSTONE CANAL CO. Feb. 20, 1827,
liable to attachment and execution, within the state
where such stockholder shall reside and be inhab-
itino; at the time of such attachment bein^ made,
or in case of no attachment being; so made in the
state where he shall reside, when execution shall
be levied thereon, as in case of other personal
Proviso. estate : Provided, that the officer serving or
levying any sucli attachment, execution or other
process, whereby to take, liold or create a lien
upon the shares of any such stockholder, shall
leave with the Clerk, or some other officer of said
Company, or at his last and usual place of abode,
' an attested copy of the writ of attachment or ex-
ecution, or other process, for taking, holding,
or retaining a lien upon such shares, and when-
ever such shares shall be sold by virtue of any
writ of execution, said officer shall leave with the
Clerk, or some otlier officer of said Company, or
at his usual place of abode, a certificate under his
hand, stating the number of shares by him sold,
and to whom sold under such writ of execution,
and such purchaser thereof shall thereupon be-
come a stockholder in said Company entitled to
all the rights and privileges, and subject to all the
duties and liabilities of the debtor or debtors, in
said writ of execution, in regard to the stock so
purchased, and any writ or process against said
Company, shall in like manner be served by the
officer leaving an attested copy thereof with the
Clerk, or some other officer of said Company in-
habiting this state, or at his usual place of abode.
Sec. 4. Be it further enacted. That this act shall
take effect, from and after the first day of July
next : Provided, the Legislature of Rhode Island
shall, previous to that time, pass a similar act, con-
stituting the stockholders in the Company in
this Commonwealth, stockholders in the Company
in Rhode Island, with like powers, rights, interests
and privileges, which are hereby given to the
stockholders in the Black'Jtone Canal Company in
Rhode Island : And provided^ also, that thereafter
DISCIPLINE IN COLLEGES. Feb, 20, 1827. 439
each of said Corporations, in the states of Massa-
chusetts and Rhode Island, shall accept and adopt
the provisions of the aforesaid acts of tlie respec-
tive states.
[Approved by the Governor, February 20, 1827.]
CHAP. LXXV.
An Act in addition to an act entitled " An Act in
furtherance of Good Discipline in the Colleges
of this Commonwealth," passed June 19th, 1819.
aJE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the provi-
sions of the said act, to which this is in addition,
shall be extended and be applicable to Amherst
Collesje, and the discipline thereof, as fully to all
intents and purposes, as the same would or mi^jht
have been applied if the said College had been in-
corporated previously to the passing of the act to
which this is in addition.
[Approved by the Governor, February 20, 1827.]
55
440 WATERT. & BRIGHTON FISH. Feb. 21, 1827
CHAP. LXXVT.
An Act to unite the Watertown and Brighton
Fisheries in Charles River, and for the regula-
tion and management thereof.
Sec. 1. ajK it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same. That the several
fisheries described in an act made and passed on
the first day of March, in the year of our Lord one
thousand eight hundred and fifteen, entitled " an
act to regulate the Shad and Alewive Fishery in
the town of Brigliton," and an act made and pass-
ed the thinl day of February, in the year ot our
Lord one thousand eight liundred and eighteen,
entitled, " an act to regulate the Shad and Alewive
Fisheries united, Fishery ill the town of Watertown," shall be unit-
^^' ed and hereafter constitute one fishery, and the
right, franchise and property of said fisheries thus
united, shall belong to, and be owned by said
towns in the proportions following, that is to say,
seven tenth parts thereof by the town of Water-
town, and three-tenth parts thereof by the town of
Brighton.
Sec. 2. Be it Jurther enacted^ That for the well
ordering and good management of said fishery there
shall, as soon after the passing of this act as may
be, and thereafter annually in the month of Janua-
seiectmen to ap- ry, be appointed by the Selectmen of the town of
point ar ens. yyatertowu for the time being, three discreet and
disinterested inhabitants of that town, and by the
Selectmen of Brighton two of their inhabitants of
like character, who shall continue in office for the
space of one year from the date of their appoint-
ment, and until others shall be appointed in their
places, but subject to removal at any time by the
respective Selectmen of said towns, and they shall
be denominated the Fish Wardens of Charles Riv-
WATERT. & BRIGHTON FISH. Feb. 21, 1827. 441
er, and shall have power to use and occupy the Pow«r.
said fishery by causing all such fish as pass into,
or are found in said river within the limits of said
towns of VVatertown and Brighton, to be taken at
such times, in such manner, with such seines, nets,
utensils, and machinery, and by such persons,
agents, or servants as they may see fit to employ
for that purpose ; or they may lease and farm out,
by public or private sale for one or more years,
not ex eeding five years in any one contract, the
said fishery, entire or by parcels, as they may con-
sider will be most advantageous for their respec-
tive towns ; and each of said towns shall provide
the same place or places where the fish have here-
tofore been taken on the margin of said river, with-
in their respective limits, to be used at all times for
landing and drawing the fish to shore, as occasion
may require ; but said Fish Wardens shall not
have the right or power of taking any of the fish
called shad and alewives, or to authorize any other
person to take them, on more than three days in
any one week.
Sec. 3. Be it further enacted^ That it shall be
the duty of said Fish Wardens, immediately upon warden's amy.
the receipt of any monies arising from the manage-
ment, rent, or sales of said fishery, after deducting
therefrom such sums as they may have necessari-
ly expended in conducting said business, to pay
over the same to the respective Treasurers of said
towns, in the proportions aforesaid, taking their
receipts for the same ; and, in the month of De-
cember annually, they shall make up their ac-
counts with a full and fair report of their whole
proceedings in the premises, and deliver one set
to the Selectmen of each town to be examined,
allowed, and passed by them ; and the said Fish
Wardens shall be entitled to such compensation as
their respective towns employing them may see fit
to allow them ; and the acts and doings of any
three of said Fish Wardens, when the whole have
442 WATERT. & BRIGHTON FISH. Feb,2\, 1827.
been notified, shall be binding and as valid in law
as if all five had acted and concurred therein.
Sec. 4. Be it further enacted, That if any per-
^Mtrictions. son shall cast or put into the waters of Charles
River, within the limits of the towns of Watertown
and Brighton, any seine, net, or other machine or
instrument v/hatever, (other than a hook and line,
as is commonly used for taking small fish,) tor the
purpose, or with a design to take, or in any manner
destroy any of the fish therein, or prevent their
free passage up and down, along or across, said
river, or any part thereof, without license first had
from said Fish Wardens, he or she so offending,
Forfeit. shall forfeit and pay for each offence, a sum not
less than twenty dollars, nor more than forty dol-
lars, according to the nature and aggravation of
the offence.
Sec. 5. Be it furthey^ enacted. That if any per-
penaity for kill- gou shall take, kill, or destroy any fish within the
limits of the said towns of Watertown and Brigh-
ton, without license from the Fish Wardens of
Charles River, (except the taking them with hook
and line as aforesaid,) every person so offending,
shall forfeit and pay, for every fish killed, taken, or
destroyed, the sum of thirty cents.
Sec. 6. Be it further enacted. That all fines and
forfeitures which may be incurred by any breach
?e%fTnel"^' of this act, shall enure and be to the use of the re-
spective towns of Watertown and Brighton, in the
proportions hereinbefore stated, that is to say,
seven-tenth parts thereof to the use of the town of
Watertown, and three-tenth parts thereof to the
use of the town of Brighton, and shall and may be
recovered on complaint before any Justice of the
Peace, where the penalty does not exceed twenty
dollars, or by indictment before the Supreme Ju-
dicial Court, or Court of Common Pleas, or the
same may be recovered by action of the case be-
fore any Court proper to try the same, in a suit in
the name of the Fish Wardens of Charles River,
for the uses aforesaid ; and the death of any War-
PARISHES & PRECINCTS. Feb. 21, 1827. 443
den shall not be deemed an abatement of any suit
or process, but the same may proceed to final judg-
ment and execution in the name of said Wardens.
Sec. 7. Be it further enacted. That all acts and Eepeai.
parts of acts, inconsistent with, or contravening any
of the provisions of this act, be, and the same are
hereby repealed : Provided however, that the pro- Proviso.
visions of this act shall be always subject to the
revision, control, amendment, or repeal of the Le-
gislature.
[Approved by the Governor, February 21, 1827.]
CHAP. LXXVII.
An Act in addition to the several Acts regulating
Parishes and Precincts, and the officers thereof.
Sec. 1. I >E it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That from and af-
ter the passing of this act, it may be lawful for the
inhabitants of any parish or precinct within this
Commonwealth, at their meeting in the month of
March or April, annually, to appoint their Treas- ^^pp^m couec-
urer a Collector of taxes in their said parish or
precinct. And the said Collector, so appointed,
shall be and hereby is empowered to issue his power.
warrant to the Sheriff of the county or his deputy,
or to any Constable of the town or towns within
which the said parish or precinct may be situated,
directing them to distrain the person or property
of any person or persons, who may be delinquent
in the payment of his or her taxes after the expi-
ration of the time fixed for the payment thereof,
by any vote of such parish or precinct, subject to
the same provisions and regtrictions, as are now in
444
Abatement.
TOWN MEET. IN DAN VERS. Feb. 21, 1827.
force, regulating the collection of Town, State and
County taxes by the collectors of the several
towns in this Commonwealth.
Sec. 2. Be it further enacted, That the several
parishes and precincts in this Commonwealth may
authorize and empower their Treasurer and Col-
lector to make an abatement of such sum as said
parish or precinct may agree upon at their annual
meeting, to all those who make voluntary pay-
ment of their taxes in the manner prescribed in
the second section of an act providing for the col-
lection of taxes, }»assed on the fifteenth day of
February, in the year of our Lord one thousand
eight hundred and sixteen.
[Approved by the Governor, February 21, 1827.]
CHAP. LXXVIII.
An Act to repeal an act, entitled, " an act to repeal
part of an act, entitled, an act to regulate Town
Meetings in the town of Danvers."
Sec. 1. IjE eV enacted by the Senate and House
of Representatives in General Court assembled^
Repeal. and by the authority of the same^ That an act pass-
ed the twenty-sixth day of February, A. D. one
thousand eight hundred and thirteen, entitled, •' an
act to repeal part of an act, entitled, an act to reg-
ulate Town Meetings in the town of Danvers," be,
and the same is hereby repealed.
Sec. 2. Be it further enacted. That from and
after the passage of this act, the said town of Dan-
vers shall be, and the same hereby is, for the
Division. choice ot Selectmen and Assessors, divided into
two districts, by a line commencing at the middle
of Water's Bridge, so called, at the Iron Factory,
iVIETH. EP. SOC. L\ LOWELL. Feb, 2l,lS27. 445
thence running through the middle of the pond of
said factory, and by the brook running into the
same, to the bridge on the county road near Daniel
Tapley's dwelling house, thence by the road lead-
ing by Nathan Felton's and Thorndike Proctor's
dwelling houses, to the county road near Francis
Proctor's dwelling house, thence by said road wes-
terly to the Newburyoort Turnpike, thence by
said Turnpike to Lynnfield ; and that a bare major-^'eiectmen, ^c
ity of the Selectmen, and of the Assessors of said °^ "" "^"
town, shall be chosen from among the inhabitants
of each district alternately, that is to say, a major
part of said officers shall be chosen in March or
April, A. D. one thousand eight hundred and twen-
ty-seven, from among the inhabitants of the district
north of said divisional line ; and the other Se-
lectmen and Assessors for the same year, from
among the inhabitants of the district south of said
hne ; and in March or April, A D. one thousand
eight hundred and twenty-eight, a major part of
said officers shall be chosen from among the in-
habitants of the district south of said line ; and the
other Selectmen and Assessors for the same year,
from among the inhabitants of the district north of
said line, and so alternately in regular annual suc-
cession thereafter.
[Approved by the Governor, February 21, 1827.]
CHAP. LXXIX.
An Act to incorporate the Methodist Episcopal
Society in the town of Lowell.
Sec. 1. i^E it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same^ That William
446 METH. EP. SOC. IN LOWELL, i^e/;. 21, 18^7
Persons incorpo. Wyman, Jamcs R. Barns, John Johnson, John G.
Moor, James Wilson, Jonathan Knowles, Elisha
W. Sweet, Nathaniel Damon, Parker Button^ Lam-
bert Howe, and their associates, witii theit polls
and estates, be, and they are hereb}' incorporated
into a religious society, by the name of the First
Methodist Episcopal Society in the town of Lowell,
with all the powers, privileges, and immunities, to
which parishes are entitled by the Constitution
and laws of this Commonwealth, and may pur-
Estate, chase, receive by gift or otherwise, and hold real
or personal estate, the annual income of which
shall not excee 1 the sum of two thousand dollars,
for the purpose of building a house, and support-
ing public worship therein ; and may also ordain
and establish such by-laws and regulations, as to
them shall seem necessary and convenient for the
government of their society and the management of
Proviso. their parochial and ministerial funds : Provided,
such by-laws and regulations shall be in no wise
contrary to the Constitution and laws of this Com-
monwealth.
Sec. 2. Be it further enacted, That all gifts,
grants, or monies received by said Society, shall
Trustees. be undcr the directic n of seven Trustees, to be
appointed agreeably to the usages of said Metho-
dist Episcopal Church.
Sec. 3. Be it further enacted. That said Trus-
^rustces' power, |.^^^ bc, aud they are hereby, vested with, and shall
have full power to receive, all monies, subscrip-
tions, donations and securities for real or personal
estate, tliat may hereafter be given, raised, or sub-
scribed, for the use of said Society, and said Trus-
tees are hereby empowered by purchase or opera-
tion of law, to take, have, hold, use, improve and
manage any estate, real or personal, the annual in-
come whereof shall not exceed the sum of two
thousand dollars, in trust for the support and main-
tenance of the gospel ministry, and other expenses
of said society.
B. M. CH. FUND IN RAND. Feb, 21, 1827. 447
Sec. 4. Be it further enacted. That any Justice
of the Peace for the county of Middlesex, be, and
he^yjiereby empowend, on application therefor,
to issue his warrant to sotne member of said Metho-
dist Episcopal Society, requirinjij him to notify and
warn the members thereof, to meet at such con-M.Htins.
venient time and place as shall be appointed in
said warrant, for the election of such oflicers as
parishes are by law required to choose, at their
annual meetings, and to transact such other paro-
chial business as may be authorized by said war-
rant.
Sec. ."j. Be it further enacted, Tiiat this act may
be amended or repealed at the pleasure of the Le-
gislature.
[Approved by the Governor, February 21, 1827.]
CHAP. LXXX.
An Act to incorporate the Trustees of the First
Baptist Ministerial Church Fund in Randolph.
Sec. 1. JlSE it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same. That Samuel
Spear, of Randolph, Isaac G. Blanchard and John-JJ™ »"«°>W"
son Tolman, of Stoughton, and their successors,
be, and they hereby are constituted a body politic
and corporate by the name of the Trustees of the
Ministerial Fund of the First Baptist Church and
Society in Randolph, and by that name may sue May sue, fc
and be sued, plead and be impleaded, and may
have a common seal ; and shall possess, and may
enjoy, all such other poAvers and privileges as ^re
incident to corporations of like nature.
56
448 B. M. CH. FUND IN RAND. Feb, 21, 1827.
Sec 2. Be it further ^??flfcfec?, That the saidTrus--
powertotake, fees shall have power to take, hold, collect, and
receive all such subscriptions, donations, ^^tSj
bequests, and devices of real or personal propei'ty
or estate, as have been made to the said Churcii
and Society, or may hereafter be made to the said
Trustees lor the said Church and Society, and the
same shall be valid and effectual to all intents and
i?roviso, purposes vvliatever : Provided^ the annual income
of such property and esiate shall not exceed
twelve hundred dollars.
Sec. 3. Be it further enacted, That the said
Trustees, together with the donors of the funds
alread}^ raised for the pyr[)ose aforesaid, shall, at a
„ , ^ , meetina; to be called for that i)urpose, as herein
Rulesand legula ^ • i i i i i i i
tionsto be adopt- afterwards provided, adopt such rules and regula-
tions for the management of said funds as they
shall deem expedient, and such rules and regula-
tions, when so adopted, shall be forever afterwards
unalterable and binding upon said Trustees, unless
Proviso. altered by the authority of the Legislature: Pro-
vided, such rules and regulations shall not be re-
pugnant to the (Constitution and laws of this Com-
monwealth. And the said Trustees and donors
shall, at such meeting, prescribe the mode of call-
ing future meetings and organizing the same, and
determine ihe number and duties of said Trustees,
and the manner of supplying vacancies in their
Proviso. number : Provided however, that none of said Trus-
tees shall be responsible for the acts of the others.
Sec. 4. Be it further enacted. That the income
of said funds shall l>e appro])riated and expended
S,"?c*^^"^°^" *" compliance with the directions and express in-
tentions 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 n)ade for the express
purpose of having the prim i pal expended.
Sec 5. Be it further enatd. That the said
Trustees, first appointed, shall, within three months
from the passing of ttiis act, tile m the Clerk's of-
1
jyiARSHFIELD BEACH. Feb. 21, 1827. 449
'*fice of the town of Randolph, a copy of their per-
maneijf rules and rej2;iilatioiis, attest( d by their
rifyAwhich copy shall and may be used as evi-
dence in all cases where the original would be
gi^idence.
Sec. G. Be it further enacted., That Samuel Spear
be, and hereby is, authorized to call the first meet- First meeting.
ing of said Trustees and donors, by posting a noti-
fication of the time and place thereof at the First
Baptist Meeting-house in Randolph fourteen days
prior to said meeting.
Sec. 7. Be it further enacted. That this act shall
continue i\\ force for twenty-one years and no
longer.
[Approved by the Governor, February 21, 1827.]
CHAP. LXXXI.
An Act to preserve and secure from damage Marsh-
field Beach, and the meadows thereto adjoining.
Sec. 1. IjE it enacted by the Senate and House
of Representatives in Gt^neral Court assemlled,
and by the authority of the same., That the in-
habitants of the town of Marshfield, in the county
of Plymouth, be, and they are hereby authorized
and empowered, to build a sea wall, palisades or^^,,^"^^'^
hedge fences, to preserve and secure the whole of
Marshfield Beach from the incursions and encroach-
ments of the sea (excepting the sea-shore lying di-
rectl}' between Hewett's and Branches Islands and
the sea,) and the same from time to time to repair
as occasion may require, and for said purpose to
make use of any stones, sand, gravel, or clay there
found, and also to take and approf>riate all the
lumber which njay at any time drift on to said
450 MARSHFIELD BEACH. Fe5. 21, 1827.
beach, unless the same shall be reclaimed by the^«
owner or owners thereof within sixty days .•
Sec. 2. Be it furthen enacted, That frojj^n^
renames for cat. ^ftg J, the iirst day of May next, no neat caTTle,
horses, or sheep shall be permitted to go at larg^
on said beach ; and if any person shall voluntarily
turn on to said beach, or any part thereof, any such
creatures, he shall forfeit and pay, to ♦he use of
said town, for every one of such creatures, except-
ing sheep, one dollar, and for every sheep twenty-
five cents.
Sec. \^. Be it further enacted, That no person,
without the permission of the Selectmen of said
town, or of the Committee hereinafter mentioned
,, for tlie time beins;, shall, contrary to the true in-
Stoiies, ^-c.notto ' i t
be taken without tcut aud meaning' ot tiiis act, dis: up, take, or carry
away any stones, gravel, sand, or clay, found on
said beach, or take or carry away any lumber or
wood which may drift on to said beach, unless
such lumber may belong to, or have drifted from
the possession of such person or persons, or cut or
carry away any trees, bushes, or beach grass grow-
ing tfiereon, on pain that every person offending,
shall forfeit and pay to the use of said town, at and
after the rate of two dollars for every ton of stones,
sand, gravel, or clay so dug up, taken, or "carried
aAvay ; and four dollars for every ton of lumber,
and one dollar for every foot of wood so taken and
carried away ; and for cutting or carrying away
any trees, bushes or beach grass, growing on said
beach, a sum not less than one dollar, nor more
than ten dollars, in the discretion of the Court who
may try the same.
Penalties sued ^^c. 4. Bc it further Ciiacted, That the penalties
for,4-c. aforesaid may be sued for in the name of the
Treasurer of said town, for the time being, and re-
covered to the use of said town by action of debt
in any court proper to try the same.
pro™:?c!'' Sec. 5. Be it further enacted, That it shall
be lawful for the Committee hereinafter mention-
ed, or either of them, or any person by them autho-
MARSHFIELD BEACH. Feb. 21, 1827. 451
rized, to take up and impound any neat cattle, horses,
or sheep at any time found goinc; at large on said
beach, he or they relieving such creatures with
suitable meat and water during the time of their
confinement, and when any of the creatures afore-
said shall be so impounded, it shall be the duty of
J.1 • I- ^1 •, 1 • Persons im-
the person or persons impounding them, within poumung, to m-
twenty-four hours, to inform the owner thereof, if '°™''^*'"
known, by leaving a written notification at his usu-
al place of abode ; or, if unknown, by posting up
a written notification in three public places in said
town, which notification shall describe such crea-
tures, and specify the time, place, and cause of im-
pounding them ; and if such owner shall not, with-
in three days from the time of leaving or posting
up such notifications, pay, or offer to pay to the
Pound keeper, the penalty or penalties incurred as
aforesaid, and also the reasonable expenses of the
relief and sustenance of such creatures, together
with the pound keeper's legal fees, such pound
keeper may proceed to sell such creatures at pub-s^eiMc!^^®^""*
lie auction, first giving notice of the time and place
of sale, by posting up a written notification there-
of in three public places in said town, at least for-
ty-eight hours before said sale, and after deducting
from the proceeds of any such sale, the said penal-
ties, expenses, and fees, together with the costs of
such sale, the surplus, if any, shall be paid to such
owner, if he shall demand the same within one
year after such sale ; otherwise it shall be paid in-
the to Treasury of the said town of Marshfield, for
the use of said town.
Sec. 6. Be it further enacted^ That said town of
Marshfield, at their annual town meeting in March
or April, or at any other legal meeting, may choose May choose a
* i/ ~ "' «/ Committee.
a Committee of one or more persons- whose duty
it shall be, to cause the provisions of this act to be
carried into full effect, and who shall be sworn to
the faithful discharge of that duty, and who are
hereby authorized to sue for and recover, in the
452 MARSHFIELD BEACH. Feb. 21, 1827.
name of the Treasurer of said town, the penalties
herein beforementioned.
8ec. 7. Be it further enacted. That if any per-
son has a le^al title in, or to said beach, or any
part thereof, he shall have a right to a compensa-
compensation to tion in damages, to be paid by said town of Marsh-
certain persons. ^,,., ~. .' ^ , • i c
field, for any injury he may sustain under any ot
the provisions of this act, which damages shall be
estimated by a jury, to be awaided by the Court
of Common Pleas in and for said county, and re-
covered with costs in the same manner, in which
damages are estimated and recovered by persons
Proviso. injured by the laying out of highways : Provided,
application therefor be made by petition to said
Court, within twelve months from and after the
passing of this act, saving to said town of Marsh-
field the right to contest the title of any such ap-
plicant in and to said beach, or any part thereof,
b}^ pleading to issue to any such petition, and such
issue, whether in law or fact, shall be tried in said
Court; and either party shall have a right to ap-
peal from the judgment of said Court thereon, to
the Supreme Judicial Court, in and for said coun-
ty, and in case such issue be finally determined in
favor of such applicant, said Court of Common
Pleas shall proceed to award a Jury to estimate
damages as aforesaid ; but if such issue be finally
determined against such applicant, said town of
Marshfield shall recover against them their costs.
Sec. 8. Be it further enacted. That this act shall
This act, How be void unless the inhabitants of the town of Marsh-
field, at a legal town meeting called for that pur-
pose, shall, by a written vote, determine to adopt
the same within sis months after the passing of
this act.
[Approved by the Governor, February 21, 1827.]
void
MUTUAL FIRE ASSUR. CO. Feb. 23, 1827. 453
CHAP. I.XXXII.
An Act to authorize the erection of a Dam, across
Saggamore Creek.
Sec. 1. KK it enacted by the Senate and Houfie
of Rept esentatives in General Court assembled,
and by the authority oj the same. That Elijah
Crane, and Ezra Glover, their heirs and assigns be,
and they are hereby authorized and empowered to
buihJ a dan. or dams on land, which they or either
of them now own, or hereafter may own across
Sagga.nore Creek, so called in the towns of Quincy,
and Milton, for the purpose of using the tide
waters of said Creek in driving a mill or mills,
which they may erect on or near said Creek : Pro- Proviso
vided nevertheless, that all owners of lands, that may
be overflowed in consequence of the erection of
such dam or dams, shall have the same remedy in
law against tne said Crane and Glover, their heirs,
and assigns, as is provided in and by an act, for the
support and regulation of mills, and the several
acts in addition thereto.
[Approved by the Governor, February 23, 1827.]
CHAP. LXXXHI.
An Act to incorporate the Mutual Fire Assurance
Company of Springfield, and the vicinity.
Sec. 1. -t$E it enacted by the Senate and House
of Repi esentatives in General Court assembled^
and by the authority of the same. That Zebina peraona incorpo-
Stebbins, Joseph Carew, David Ames, Festus Steb- "'®'*
454 MUT. FIRE ASSUR. SPRING. Feb. 23, 1827.
bins, Walter Stehbins, John Newbury, Sable Rog-
ers, Jacob Bliss, and their associates, hereafter shall
be a corporation by the name of the " Mutual Fire
Assurance Company of Springfield, and the vicini-
ty," and possess all the powers and privileges inci-
dent to such corporations, and sliall so continue for
Term. the term of twenty years from the passing of this act.
Sec. 2. Be it Jurther enacted^ That said cor-
BoardofDirec- poratioH shall chooso a Board of Directors not
more than nine nor less than five, and shall establish
such by-laws as they may deem necessary, provid-
ed that such by-laws shall not be repugnant to the
Constitution and laws of the Commonwealth. In
all matters decided in any legal meeting of said
corporation, each member shall have a right to as
many votes as he has policies, and may vote by
proxy legally authorized.
Sec 3. Be it further enacted, That the Board
Duties and pow- of Directors shall superintend the concerns of said
eis of Directors. . i i 1 1 i i r> i
corporation, and shall have the management oi the
funds and property thereof, and all matters and
things thereunto relating not otherwise provided
for. They shall have power from time to time to
appoint a Secretary, Treasurer, Surveyor or Sur-
veyors, and such other officers, agents and assist-
ants as to them may seem necessary, and to pre-
scribe their duties, fix their compensation, take
such security from them as they may judge pioper
for the faithful performance of their respective du-
ties, and remove them at pleasure. They shall
determine the rates of assurance, and the sum to
be assured on any building, not exceeding three
fourths of its value. They shall order and direct
the making and issuing of all Policies of Insurance,
the providing of books, stationary, and other things
needful for the office of said corporation and for
carrying on the affiiirs thereof, and may draw on
the Treasurer for the payment of all losses in-
curred in transacting the concerns of said Corpora-
tion. They *ihall elect one of their own number to
act as President and may hold their meetings as
\
MUT. FIRE ASSUR. SPRING. Feb. 23, 1827, 455
often as necessary, and shall keep a record of their
proceedinc;*, and a majority of lh(,' >vhoIe nnrnl)er
of Directors chosen shall constitute a quorum for^""'^"'"
the transaction of business.
Sec. 4. Be it further enacted. That when the
sum subscribed b}^ the associates to be insured insurance.
shall amount to fifty thousand dollars, said Corpo-
ration shall then be authoiized to insure for the
term of six years any dwelling house or other
building in the County of Hampden.
Sec b. Be it further enacted. That every per-
son who shall become a member of said Corjjora-
tion b}' effecting insurance therein, shall before he
receives his Polic}^, in addition to the premium,
deposit his note without interest for such sum of
money as shall be determined by the Directors, ^*p°^'*"°'^'
wiiich shall be payable in part or the whole at any
time when the Directors shall deem the same re-
quisite for the payment of losses or other expenses,
and at tlie expiration of the term of assurance, such
note or such part of the same as sliall remain un-
paid, after deducting all losses and exj)enses occur-
ring during said term, shall be relinquished and
given up to the signer thereof
Sec. 6. Be it further enacted, That the funds p^^^^,^^^
of the Corporation shall be vested in stocks or
loaned on such security as the Directors may order,
and the funds shall be appropriated, first to pay tiie
expenses of the Corporation, and next to pay the
damages which any member may be entitled to
recover on his policy. In case any member shall
have a just claim against the Corporation exceed-
ing the amount of the then existing funds, the Di-
rectors shall without delay assess such a sum as
may be necessary on the members, which assess- ^^^essraent.
ment shall be in proportion to the amount of
premium and deposit, but shall not in any case ex-
ceed fifty cents on each hundred dollars insured,
and the same on each hundred dollars of the de-
posit note.
.57
456 MUT. FIRE ASSUR. SPRING. Feb. 23, 1827.
Sec. 7. Be it farther enacted,, That all buildings
insured by and with said Corporation, together
Sedf'"^"' "^^'^'^ ^^^^ right, title, and interest of the assured to
the lands on which they stand, shall be pledged to
said Corporation, and said Corporation by the
Policy of Insurance shall have a lien thereon against
the assured during the continuance of his, her, or
their Policies, and until the payment of all legal
assessments and taxes.
Sec. 8. Be it further enacted,, That whenever
any member shall recover judgment, and the Di-
Directois neglect rectors shall neglect to satisfy and pay the same,
within nmety days after demand made for that
pur|>ose on the Treasurer, Directors, Secretary, or
any Director of said Corporation, then the execu-
tion issuing upon such judgment may be levied
upon the private property of any of said Directors,
to the amount of the excess of the funds of the
Coiporation, together witli the amount of all the
assessments they are authorized to make, over and
above the amount due on judgment previously de-
manded, and any Director who may have his pro-
perty taken may sustain an action on the case, to
recover compensation therefor of the Corporation,
or a proportional part thereof and contribution
therefor of the Directors.
Sec. 9. »l7id be it further enacted,, 'Vh^iwhenewev
Persons losing to any Dcrson shall sustain any loss of property by
fire so insured, he or she shall, within thirty days
after, give notice of the same to such of the Direc-
tors as shall be agreed upon b}' the said Corpora-
tion for that purpose, whose duty it shall be im-
mediately to view where the fire happened and to
inquire into the circumstances attending the same,
and determine in writing under their hands the
amount, if any, of the liability of said Corporation
for such loss ; and if the sufferer shall not acquiesce
in their determination, he or she, within thirty
days after such determination is made known, may
bring an action at law against said Corporation for
such loss, before any Court of competent jurisdic-
SAXONVILLE PARISH. Feb. 23, 8127 457
tion within the Count}^ of Hampden, and in case
the suiferer shall not b}^ verdict of a jury recover
more than the damaije determined upon by the
Directors as aforesaid, tlie plaintiff in such action
shall have judi>;ment u[)on tiie verdict ; but the
Corporation shall recover their costs, and execu-
tion shall issue for the balance in favour of the
party^ entitled to recover it.
Sec. 10. Be it further enacted. That the said
Corporation shall be liable to be taxed by any Liability.
general law of the Commonwealth providing for
the taxation of all similar Corporations, and any
two persons named in this act may call the fij^s^p.^^^^^^^.^^
meeting of said Corporation, by giving notice
thereof in either of the newspapers printed at
Springfield, four days at least previous to said
meeting.
[Approved by the Governor, February 23, 1827.]
CHAP. LXXXIV.
An Act to incorporate the Saxonville Parish in the
Town of Framingham.
Sec. 1. 13 E it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That Josiah Stone,
Eliphalet Wheeler, F. A. Bertody,Jas. Stimpson. Person inctrjm,
Burleigh Bullard, John Whitney, Edward Warren,'^ *" "
John Rice, Dexter Fairbanks, Isaiah Wild, Henry
Daleiker, William Phillips, Lyman Morse, and all
others, who have or may associate with them, and
the^ir successors, be, and they hereby are incorpo-
rated as a religious Society, by the name of the
Saxonville Parish in the Town of Framingham,
with all the privileges, po\yers, and immunities to
458
Estate.
First meeting.
CONGAMON PONDS.
Feb. 23, 1827.
To elect officers.
which other religious societies in this Common-
wealth are entitled tiy the Laws and Constitution
thereof.
Sec. 2. Be it further enacted^ That the said
society shall be capable in law to purchase, hold
and dispose of any estates real or personal, tor
the use of said society, the annual income of
which shall not exceed twotiiousand dollars.
Sec. 3. Be it further enacted^ That any two
of the above named persons are hereby authori>:ed
to notify the members of said Corporation, by post-
ing notice of the time and place of holding their
first meeting, at the meeting house door in said
Framingham, near the Saxon Factory, seven days
at least before such meeting, and that the said so-
ciety may, at such or any other meeting, agree on
the mode of calling future meetings, and elect a
Clerk and Treasurer, and such other officers, and
such committees, and establish such rules and by-
laws, not inconsistent with the Constitution and
Laws of the Commonwealth, as they may see fit,
and may annul and change the same at their plea-
sure.
[Approved by the Governor, February 23, 1827.]
I
CHAP. LXXXV.
An Act to prevent the taking of Fish by seins or
nets in Congamon Ponds in Southwick.
J3P^ it enacted by the Senate and House
of RepreRentotives^ in General Court assembled,
and by the authority of the same. That from
and after the passing of this act, it shall not be
lawful for any person or persons to catch any fish
with seins or nets, in the Congamon Ponds in
DEPOSniONS. Feb. 23, 1827. 459
Southwick, and if any person or persons shall
catch any fish with a seine or net in the ponds
aforesaid, he or they shall forfeit a sum not
less than five dollars, nor more than twenty
dollars, for each and everv such offence, to be re-
covered by an action of debt to the use of him or
them who shall sue for the same.
[Approved by the Governor, February 23, 1827.]
CHAP. LXXXVI.
An Act in addition to the several acts concerning
Depositions.
Sec. 1. JjE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That when the
plaintiff or plaintiffs in any suit, which now is; or
hereafter may be commenced in any Court of this
Commonwealth, sholl discontinue said suit, or be-
come non-suit therein, and another suit shall after- ^^^^ ^^.^^
wards be commenced in any of the said Courts,
on the same cause of action, between the same
parties, or their legal representatives, all deposi-
tions duly taken according to law^ to be used in
the suit, so non-suited or discontinued, and which
could have been leojally used in the trial thereof,
may be used in such new suit or action, as if they
had been taken specially therefor : Provided, that proviso
at the time of the non-suit or discontinuance of
such first mentioned suit, the said depositions had
been duly filed in Court, and there remained in
the custody of the Clerk of the Court, where
such suit was originally commenced, until the com-
mencement of the new suit aforesaid, and pro-
vided further that the cause of taking said deposi-
460
DEPOSITIONS.
Feb. 23, 1827.
Certain deposi-
tions, ^c.
Deponent's ne-
glect, ^c.
tions, shall continue to exist, at the time they are
to be used in the trial of such new suit, or there
shall be at that time good cause for taking such
depositions.
Sec. 2. Be it further enacted^ That any de-
position in perpetual remembrance of a thing, ta-
ken during the pendinsj of any action, may be used
as evidence in such action, in the same manner as
if the said deposition had been taken before the
commencement of the said action.
Sec. 3. Be it fur*her enacted^ That if any de-
ponent having been summoned in the manner pro-
vided in the fourth section of the act, entitled
" an act prescribing the mode of taking deposi-
tions, and administering oaths and affirmations,"
passed February 3, 1798, to give evidence in any
cause pending in any court of any other State or
Government, or in perpetual remembrance of a
thing, and having had tendered to him the fees
therein mentioned, shall neglect to appear at the
time and place appointed in the summons, such de-
ponent shall be subject to like actions and forfei-
tures and capias, as are provided by law, where
witnesses are summoned to Court and do not ap-
pear.
Sec. 4. Be it further enacted. That when any
person, who shall have been duly summoned to
appear before any Justice or Justices of the Peace
within this Commonwealth, to give any deposition
which such Justice or Justices may be authorized
by law to take, the legal fees of such person having
been duly tendered, shall refuse or neglect to obey
such summons, it shall be lawful for such Justice
or Justices to issue a capias against such person,
justices to issue n- i- i . j.i. i e j^i
capias in certain Compelling him or her to attend tor the purpose
cases, etc aforcsaid, in the same manner as Justices of the
Peace are by law authorized to do in cases pending
before them ; and if such person shall unreasona-
bly refuse to answer interrogatories, the Justice or
Justices, before whom he may have been so sum-
moned to appear, may commit him to the Gaol of
Justices to issue
WOR. HOUSE OF COR. Feb. 23, 1827. 461
the County in which said Justice or Justices may
reside, there to remain until he shall answer such
interrogatories, or be discharged by due order of
law.
Sec. 5. Be it further enacted, That all Jus-
tices of the Peace, within this Commonwealth, be, justices' power.
and they hereby are authorized and empowered, to
issue subpoenas to persons to appearand testify in
any case pending, or which may hereafter be
pending, in any Court of Probate within this Com-
monwealth, in the same manner as they are now
authorized by law, to issue subpoenas to persons to
attend and testify, in any of the cases for which
provision is made by the laws now in force.
[Approved by the Governor, February 23, 1827.J
CHAP. LXXXVII.
An Act to provide for the payment to the County
of Worcester for the use of their House of Cor-
rection.
Be it enacted by the Senate and House
of Representatives in General Court assembled,and
by the authority of the same, That there be allow-
ed and paid to tiie Treasurer of the County of
Worcester from the Treasury of this Common-
wealth, for the use and occupation of so much of
the House of Correction in said County, as has
been used by the convicts sentenced to the same
by the Justices of the Supreme Judicial Court, or
either of them, since the twenty-first day of Febru-
ary, in the year of our Lord one thousand eight
hundred and twenty-four, at the rate of three hun-
dred dollars per annum ; and his Excellency the
Governor, bv and with the advice of Council, is
462 PILOTAGE— NEW BEDF. &c. Feb. 23, 1827.
hereby authorized to draw his warrant on the
State Treasurer for such sum as may be due to the
County of Worcester, for the use, by the Common-
wealth, of their House of Correction, agreeal)ly to
the provisions of this act.
[Approved by the Governor, February 23, 1 827.]
CHAP. Lxxxvni.
An Act to regulate Pilotage from the sea into New
Bedford and Fairhaven.
Sec. 1. Be 27 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 there shall be appoint-
ed by the Governor, with the consent of the Coun-
den*^. "^ ^'^' cil, five persons, three of whom shall reside in New
Bedford and Fairhaven, and two in Dukes county,
to be denominated Wardens of the Port and Dis-
trict of New Bedford, who shall hold their offices
during the pleasure of the Executive, and whose
duty it shall be, to grant warrants to a suitable
number of persons to be Pilots for the ports of
New Bedford and Fairhaven ; and the said War-
dens shall have full power and authority to insti-
tute all necessary rules and regulations for the
government of such Pilots as they shall commis-
sion, with power to revoke any commission by
them granted, whenever in their estimation it shall
become necessary and proper.
Sec. 2. Be it further enacted,T\\?ii any one of
the Pilots appointed under the provisions of this
Pilots power, ^ct, shall have authority to board and take charge
of all vessels from foreign voyages or ports bound
into New Bedford or Fairhaven, and being there-
PILOTAGE— NEW BEDF. &c. Feb. 23, 1827. 463
unto requested, shall conduct them to either of the
said ports.
Sec. 3. Be it further enacted. That either of the
said Pdots appointed as aforesaid, shall, while in
New Bedford, when thereunto requested, take
charge of any vessel ready for sea, and shall con-
duct her to sea, at the rates hereinafter specified :
Provided, that if either of the Pilots appointed as proviso,
aforesaid, shall ofier himself as a Pilot to any ves-
sel coming into either of the ports of New Bed-
ford or Fairhaven, from any foreign port or voy-
age, or going out of either of said ports to any
foreign port, and the master of such vessel shall
decline receiving said Pilot, then, and in every
such case, said Pilot shall be entitled to demand
and receive from the master or owner of such ves-
sel, one half of the amount of Pilotage to which
he would have been entitled, if he had been receiv-
ed on board said vessel, unless some other of said
Pilots are on board.
Sec. 4. Be it further enacted, That every Pilot
appointed as aforesaid, shall, before entering upon
the duties of his station, be sworn or affirmed to the plot to be s worn,
faithful discharge of the duties of a Pilot, and shall
give bond to the Wardens of said port for the time
being, in the Fum of one hundred dollars, condi-
tioned for the faithful performance of his duties,
and shall give up his branch or commission, when
demanded of him by a vote of the majority of the
Wardens aforesaid, under penalty of fifty dollars,
for every vessel he shall attempt to pilot after no-
tice of his removal ; and any one Pilot, being com-
missioned and qualified as aforesaid, is hereby em-
powered to take charge of any vessel drawing
more than nine feet of water, going into either of
the ports of New Bedford or Fairhaven, from any
foreign port or voyage, or vessels of the same
draught of water, bound on any foreign voyage,
from either of said ports, first shewmg to the mas-
ter of such vessel his warrant and stating the
amount of his fees.
,58
464 PILOTAGE—NEW BEDF. &c. Feb. 23, 1827.
Sec. 5. Be it further enacted, That the rate of Pi-
lotage, which each of the Pilots commissioned as
aforesaid, shall be allowed to demand and receive.
Rate of pilotage, shall be as follows, to wit: — For all vessels inward
bound, drawing fifteen feet of water and upwards,
two dollars per foot ; for all vessels drawing twelve
feet of water and under fifteen, one dollar and
seventy-five cents per foot ; for all vessels under
twelve feet, one dollar and fifty cents per foot;
for all vessels outward bound, drawing fifteen feet
and upwards, seventy-five cents per foot ; for all
vessels drawing less than fifteen feet, and more
than twelve, sixty-two and one half cents per foot;
for all vessels not exceeding twelve feet, fifty cents
per foot.
Sec 6. Be it further enacted, That when any
vessel bound into ejther of the ports of New Bed-
ford or Fairhaven, shall have on board any Pilot
not commissioned by the Wardens of the Port and
District of New Bedford in manner aforesaid, he
shall surrender said vessel to either of the Pilots
commissioned by the Wardens of said Port and
District of New Bedford, when thereto requested ;
Non-commission- and such non-commissioncd Pilot shall be compen-
ed pilots compen- i f \ ' • • r ■^^ • , 'a
sation, ifc. sated tor his services m manner tollowing, to w it :
If such non-commissioned Pilot shall have conduct-
ed such vessel into the upper harbor of New Bed-
ford, before surrendering her to a Warrant Pilot;
as aforesaid, he shall receive the w hole sum, as is
provided by this act, to be paid to a Warrant Pilot,
and whenever such non-commissioned Pilot shall
conduct any vessel into Tarpaulin Cove to anchor,
he shall receive one half of the w hole sum provid-
ed by this act, to be paid for piloting a vessel from
sea into the harbors of New 13edford or Fairhaven,
and whenever such non-commissioned Pilot shall
conduct any vessel through Quickes Hole into
Buzzard's Bay, and there surrender her as afore-
said, he shall receive two-thirds of the whole sum
provided to be paid for piloting a vessel from sea
into the harbor of New Bedford and Fairhaven.
PILOTAGE~NEW BEDF. &c. Feb. 23, 1827. 465
For conductiiioj any vessel as aforesaid, into the
mouth of Buzzard's Bay, so far as so intersect a
line drawn from the Hen and Chickens to the light
house on Cuttyhunk, he sliall receive three quar-
ters of the whole sum as aforesaid ; and for con-
ducting; any vessel so far as to intersect a line
drawn due east and west across the north part of
the great ledge, he shall receive seven-eighths of
the whole sum as afores^^aid : Provided alwa?/s. thsitvioviso.
all such sums as shall be allowed and paid to such
non-commissioned Pilots, in manner as aforesaid,
shall be deducted from the amount allowed by this
act to any Warrant Pilot to whom such vessel shall
be surrendered, so that the sums paid to both Pi-
lots shall not exceed the whole sum provided by
this act, to be paid for piloting a vessel from sea
into the harbors of New Bedford and Fairhaven.
Sec. 7. Be it further enacted, That each and
every Pilot commissioned by virtue of this act,
shall be liable for all delays and damages, occa- Liability of pi-
sioned by his neglect or ignorance, to be recover-
ed by a suit upon his bond, given to said Wardens ;
which bond shall be prosecuted in the name of the
Wardens of said Port and District for the time be-
ing, for the benefit of the party injured by such
neglect.
Sec. 8. Be it further enacted, That all licensed
fishing vessels and coasting vessels shall be and Slnedr^*^'
they hereby are exempted from the operation of
this act.
[Approved by the Governor, February 23, 1827.]
466 HOOSAC MOUN. T. COR. Feb. 23, 1827.
CHAP. LXXXIX.
All Act to establish the Hoosac Mountain Turnpike
CorjDoratioij.
Sec. 1. OE z/ enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same ^ That Consider
rateT^ "'*^°''P°' Scott, Ebtnezcr Thayer, Joseph P. Allen, Calvin
B. Havvkes, Anson Mayhew, George Mayhew, Syl-
vester Maxwell, and Joseph Merrill, and all such
other persons as shall associate with them, their suc-
cessors and assigns, be, and they are hereby made
a Corporation by the name of the " Hoosac M' un-
tain rurnpike Corporation," for the purpose of
ib d "^^king a turnpike road from Charlemont in the
County of Franklin, to Adams in the County of
Berkshire, beginning at a large rock on the north
bank of Deerfield river, near the dwelling house of
Hepzibah Rathbone, in Charlemont, thence cross-
ing Deerfield river in the most suitable and con-
venient place to the mouth of Cold river, thence
westerly near said river to Haskin's tavern, on the
top of the mountain, thence westerly in the most
convenient route to the north branch of Hoosac
river, thence following the course of said branch,
to the north village of Adams : And shall have all
the powers and privileges, and be subject to all the
retjuirements prescribed and contained in an act,
entitled " an Act, defining the general powers and
duties of Turnpike Corporations," passed on the
sixteenth day of March, in the year of our Lord
one thousand eight hundred and five, and the sev-
eral acts in addition thereto.
Sec. 2. Be it further enacted, That when the
said road shall be sufficiently made, and shall be
allowed and approved agreeably to the provisions
of the act aforesaid, the said Corporation shall be
authorized to erect one gate, and at the same shall
HOOSAC MOUN. T. COR. Feb. 23, 1827. 467
be entitled to demand and receive of each traveller
or passenger the following rates of toll, to wit: for"^""
every coach, phaeton, or other four wheeled car-
riage, drawn by two horses, twenty-five cents, and
for each additional horse, six and a quarter cents ;
for each cart or wagon, drawn by two horses or
oxen, twelve and a halt cents, and for each addi-
tional horse or ox, six and a quarter cents ; for each
curricle sixteen cents ; for each chaise, chair, or
sulky, twelve and a half cents ; for all four wheeled
carriages drawn by one horse, seven cents ; for each
sleigh or sled, drawn by two horses or oxen, ten
cents ; and for each additional horse or ox, four
cents ; for each sleigh, sled, or cart, drawn by one
horse seven cents ; for each man and horse, six and
a quarter cents ; for all sheep and swine, three
cents by the dozen ; for horses and neat cattle, ex-
clusive of those rode on, and in carriages, two
cents each; for each foot passenger over the bridge
across Deerfield river, two cents.
Sec. 3. Be it further enacted, That nothing in
this act contained, shall deprive the Legislature of
this Commonwealth of the power to authorize the p^^^
appropriation of the whole or any part of the land,
over which the said turnpike may be located, for
the purpose of constructing a rail way, upon and
over said land : Provided, however, that if the said Pi^ovis"
land shall ever be appropriated for the purpose
aforesaid, the said Turn})ike Corporation shall re-
ceive an adequate compensation for any damage
they may thereby sustain, to be determined in such
manner as the Legislature shall appoint.
[Approved by the Governor, February 23, 1827.]
468 MASS. C. EYE & EAR INF. Feb. 23, 1827.
CHAP. XC.
An Act altering the times of holding the Courts of
Common Pleas, in the County of Dukes' County.
Sec. 1. JjE it pMacted 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 Court of Common
Pleas, now holden at Edgartown, within and for
the County of Dukes' County, on the Monday next
after the fourth Monday of May, and the Monday
next after the fourth Monday of October, shall be
Time altered, holden hereafter on the third Monday of May, and
the third Monday of October, annually.
Sec. 2. Be it further enacted. That all writs,
appeals, recognizances and processes, and every
murned.''* *°''® Other matter or thing, returnable to, or now pend-
ing in said Court of Common Pleas, shall be return-
ed to, and have day in said Court, at the times for
holding the same established by this act. And all
parties, and persons, who before passing this act,
were required to appear and attend at the terms
aforesaid, shall appear and attend, and have like
day in Court, at the terms established by this act,
pursuant to its true intent and meaningc
[Approved by the Governor, February 23, 1827.]
CHAP. XCI.
An Act to incorporate the Massachusetts Charit-
able Eye and Ear Infirmary.
Sec. 1. xJE it enacted by the Senate and House
of Representatives, in General Court assembled,
and by the authority of the same, That John
MASS. C. EYE & EAR INF. Feb. 23, 1827. 469
Welles, Benjamin Joy, Robert Q. Shaw, Samuel H. S"' '"*'°''"'*
Walley, Edward Tuckerman, Lucius M. Sarg;ent,
Bryant P. Tilden, Edward H Robbins, Jr. James
C. Merrill, and Charles P. Curtis, Esqrs. with Ed-
ward Reynolds, and John Jeffries, Physicians, all
of the City of Boston, together with their associates,
be, and they are hereby incorporated and made a
body politic, for the purpose of gratuitously reliev-
ing and curing diseases of the Eye and Ear, and
of enabling poor persons afflicted with such dis-
eases to submit to a course of medical treatment
for the same, by the name of " the Massachusetts
Charitable Eye and Ear Infirmary," and that they,
their associates, and successors, shall have per-
petual succession by the said name, and shall have
power to make by-laAvs for the preservation and ^^■'^'^^' *''•
advancement of said Institution, not repugnant to
the Constitution and laws of this Commonwealth.
Sec. 2. Be it further enacted^ That the said
Corporation be, and it is hereby authorized and
empowered to make, appoint, and have a common
seal, and is hereby made liable to be sued, and en-seai, ^c
abled to sue and defend in its corporate capacity,
in any of the courts of record in this Common-
wealth : and is hereby licensed and empowered to
make purchases and to receive grants, devises, and (^.,', /.,u.J^^
donations of real estate, to the amount not exceed- / ^^ i , /.J? ^
ing thirty thousand dollars, and persona' estate to .u^^TuJf^'^f- <^|
an amount not exceeding seventy thousand dol- ^'fh' o'O'^ <^^^
ars. • — ~~~ '•
Sec. 3. Be it further enacted, That ihe said
Corporation shall meet at-Boston on the last Thurs-
day of October annually, for the purpose of choos- Managers cho»cn
ing by ballot twelve Managers, a Secretary, and
a Treasurer; and public notice of the time and
place of holding such meetings, shall be given, once
at least, in two of the newspapers published in
Boston seven days before the day of meeting, and
votes may at all elections be given in person or by
proxy. ■
470 PAY OF MEM. OF G. COURT. Feh. 23, 1827.
Sec. 4. Be it further enacted^ That the busi-
S^lurgeo°ng?' "CSS of Said maiia^ers shall be to appoint surgeons,
*'^- and when they deem it expedient, an apothecary of
said Infirmary, to provide medicines and surgical
instruments, to distribute money among poor pa-
tients, to defray expenses of board whilst under
treatment, and to regulate all other affairs of the
Institution ; any three of said managers shall con-
stitute a quorum, and all legal instruments which
they shall make and execute, shall, when signed by
their President or Chairman, and sealed with their
common seal, bind the said Corporation, and be
valid in law^
Sec. 5. Be it further enacted^ That Edward
Tuckerman, Ksq. be, and, is hereby authorized, by
public notice, in two of the Boston newspapers, to
First meeting, call the first meeting of said Corporation, at such
time and place, as he shall judge proper, at which
meeting the said Corporation shall have all the
power vested in them at their stated annual
meetings in October, but the officers then chosen
shall not continue in office longer than the next
meeting in October, unless re-elected.
Sec. 6. Be it further enacted^ That this act may
be amended or repealed at the pleasure of the
Legislature.
[Approved by the Governor, February 23, 1827.]
CHAP. XCII.
Ad Act concerning the pay of Members of the
General Court or Council, in certain cases.
-OE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That from and
NORFOLK HOUSE. March 2, 1827. 471
after the first day of June next, any Member of the
Gt^neral (^ourt or Council, w lio jihall be taken sick
whilst i^oiiiii; to, or returnini;" from, or in attendance
uj)on the General Court, or Council, as a member
thereof, and wlio by reason of such sickness may be
unable to travel or be removed to the })lace of his
residence, shall be allowed and paid out of the Treas-
ury of this Commonwealth tlie same sum per diem,
after t'le adjourmnent of the Council or branch of the
General Court to which he may belong, and during
the continuance of such disability, as he would have
been entitled to receive dining the session thereof.
Provided, the same shall not extend beyond the Proviso.
commencement of the first session of the next suc-
ceeding General Court.
[Approved by the Governor, February 23, 1827.]
CHx\P. XCIII.
An Act to incorporate the Proprietors of Norfolk
House.
Sec. 1. JjF^ iV enacted by the Senate and Hotise
of Representatives in General Conrt assembled,
and by the authority of the same. That vSherman
Leland, Charles Davis, Samuel 1. Gardner, John S"' '"•="'p'-
Champney and David A. Snnmons, and such
others as may be associates witli them as propri-
etors, their successors and assigns, shall be, and
hereby are constituted a body politic and corpo-
rate, by the name of the Proprietors of Norfolk
House, for the purpose of erecting, holding and
managing a house of public entertainment and its
appropriate appurtenances, and by that name may
sue and be sued, defend and be defended, and may May sue, 4c.
do and suffer such acts and things as other bodies
59
472
NORFOLK HOUSE.
March 2, 1827.
Proviso
Proviso.
corporate may do and suffer, may have a seal, and
make all necessary by-laws : Provided, the same
be ? oi; repugnant to the Constitution and laws of
tiiis ('ommonwealth.
Sec. 2. Be it further enacted, That said Cor-
poration, may take and hold in fee simple or
May hold certain otherwise, all or any part of that Real Estate in
Real ii-state. Roxbury, kttown by the name of the Ruggles
Estate, not exceeding twenty rods in front on the
hiijhway leading to Dedham, one hundred and fifty-
rods on the higldand road, sixty roods on land of
Benjamin F. Copeland, and one hundred and fifty
rods on land of Martha Ruggles and the heirs of
William Lambert : Provided, the snme be acquired
by legal grant ; and shall have power to improve and
manage the same for an Hotel, and to sell and dis-
pose of the same at pleasure : Provided, further, that
the whole amount of estate of said corporation, real
and personal, shall not exceed the sum of forty
thousand dollars.
Sec 3. Be it further enacted. That the pro-
prietors, at an}' legal meeting, may determine the
number of shares said estate shall be divided
into, and the mode of transferruig the same, which
shares shall be deemed personal estate, and be sub-
ject to attachment and sale, in like manner as the
shares of debtors in other incorporated companies,
and said real and personal estate of said corpora-
tion shall be liable to be taken on mesne process
or execution, and set off or sold in the same man-
ner as the property of individuals is, or shall be,
by law.
Sec 4. Be it further enacted. That said Corpo-
ration mav, from time to time, assess upon the
sto-: kholders. such sum not exceeding three hun-
dred dollars on each share, for the purchase, im-
provement and management of their estate, as may
be deemed needful, .md may dispose of the shares
of delinquents, as the corporation, by their by-laws
shall determine.
Sec 5. Be it further enacted, That either of the
Shares, ^c.
Estate liable, ^c.
May assess, ^c.
BOARD OF HEALTH. March 2, 1827. 473
persons named in the first section of this act, may
call the first meetinoc, by advertising the same in '''''""*^*'''"8
any newspaper, printed in the County of Suffolk
or Norfolk, and each member shall be entitled to
one vote for each share, and the corporation, at the
first meeting, and afterwards annually on such day
as may be established by the by-laws, may choose
a Treasurer, Clerk, and such other officers, as they
see fit, and the Clerk shall be under oath, and they
may also determine the mode of calling future
meetings.
Sec. 6. Be it further enacted^ That all covenants covenants, ^c.
and contracts made by, and debts due from said
Corporation, shall be binding on one and all of the
persons, who shall be stockholders when such con-
tracts are made, as fully as if such contracts had
been made by said stockholders individually ,and the
Legislature shall have authority to alter, amend or
repeal this act at any time hereafter : Provided^how- Proviso.
ever^ that any act of the Legislature, repealing this
act, shall have the effect of vesting all the real
and personal estate of said Corporation in the in-
dividual members thereof, and their legal repre-
sentatives, in the same proportions as they shall at
the time of such repeal respectively hold the stock
of said Corporation.
[Approved by the Governor, March 2, 1827.]
CHAP. XCIV.
An Act authorizing the Town of Cambridge to
establish a Board of Health.
Sec 1 . Be it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the inhab-
474 BOARD OF HEALTH. March 2, 1827.
itants of the Town of Cambridge, qualified to vote
for Town Officers mav, in tlie month of March or
Ke*?;mi!^r*r April annually, in Town Meelinji assembled, elect,
duty,fc. by ballot, five or seven able and discreet persons,
beinsf freeholders, and residents in said Town, to
be a Board of Health, whose duty it shall be, when
notified by the Town Clerk of tlieir election as
aforesaid, to meet within six days after such notice,
and organize theoiselves by electing a President
and Secretary. The Secretary thus chosen to be
sworn to the faithful discharge of the duli'^s ot said
office, which oith shall be entered and subscribed
by su< h Secretar}^ on the records of said beard,
and attested by the person -administering the same;
and a certificate from the records of said board,
shall be received and admitted as evidence in all
cases relating to the proceedings of said board. On
the death or resignation of any member of the said
Vacancies, Board of Health, such vacancy shall be filled by-
election by ballot, at the next Town Meeting
which may beholden after such vacancy, and a ma-
jority of the board shall be competent to transact
any business which the whole board could transact.
Sec. 2. Be it further enacted, That the said
Power and duty, Board of Health shall have power, and it is hereby
made their duty to examine into all causes of sick-
ness, nuisances and sources of filth, that may be inju-
rious to the health of the inhabitants of the Town
of Cambridge, which do or may exist within the
limits of >i\\d town, or in any vessel at any wharf
within the limits thereof ; and the saaie to destroy,
remove or prevent, as the case may require ; and
all the expenses attending the same to be paid by
the person or persons who caused such nuisance to
exist, if known, and if not known, such expenses
to be paid by the town ; and in ail < ases where
such nuisance, source of filth, or cause of sickness,
shall be found on private property, the owner or
occupier thereof, on *^eing notified by the authority
of said board, and ordered to destroy or remove
the same, shall forthwith remove or destroy such
BOARD OF HEALTH. March 2, 1827. 475
filth or nuisance ; and in case such owner or occu-
pier s!»all refuse or neglect to remove such filth,
nuisance or cause of sickness, from his, her, or
their property, within the time specified by said
board, he, she, or they so oftVnding shall forfeit ^'"^'^'
and pay a fine, of not less than five dollars, nor
more than one hundred dollars, to be sued for and
recovered by said board of health in manner
hereafter directed ; and any two members of said
board may cause the same nuisance to be removed
or destroyed as the case may require ; and all
costs or expenses, incurred in removing or des-
troying the same, shall be paid by such owner or
occupiers, on whose premises, or in whose posses-
sion such cause of sickness, nuisance, or source of
filth may be found ; — and the said board may have
power to appoint scavengers when necessary to®'^^^^""®'''-
carry into effect the requirements of this act, and
the same to remove and substitute others at the
pleasure of the hoard.
Sec. 3 Be it further enacted, That the said
IJoard of Health shall have power to seize, take FuijtfM powet*
and destroy, or remove to any safe place within
the limits of the town, or cause the same to be
done,aiiy unwholesome and purtrid or tainted meat,
fish, bread, vegetables, or other articles of the pro-
vision kind, or liquor, which in their opinion (first
consulting some respectable physician of the Town
of Cambridge,) shall be injurious to the health of
those who might use them, and the cost of seizing,
taking, destroying, or removing, shall be paid by
the person or persons, in whose possession the
same unwholesome, putrid or tainted article shall
or may be found ; and whenever said board shall
think it necessary for the preservation of the lives
or healtii of the inhabitants of said town, to enter
forcibly any building or vessel, having been refused
such entrv by the owner or occupant thereof, with-
in the limits of the Town of Cambridge, for the
purpose of examining into, destroying, removing
or preventing any nuisance, source of filth, or cause
476 BOARD OF HEALTH, March 2, 1827.
of sickness aforesaid, which said board have rea-
son to believe is contained in such buildinp; or ves-
sel, any member of said board, by order of Said
board, may apply to any Justice of the Peace,
within and for the County of Middlesex, and on
oath complain and state on behalf of said board
the facts, as far as said board have reason to be-
lieve the same- relative to such nuisance, source of
filth, or cause of sickness aforesaid, and such Jus-
tice «!hall thereupon issae his warrant, directed to
Ji'"*"^"""*'thesheiifr of the County of Middlesex, or either
of his deputies, or to any Constable of the Town
of Cambridge, therein requiring them or either of
them, taking with them sufficient aid and assist-
ance, and also in company ol said Board of Health,
or any two members of the sane, between the
hours of sunrise and sunset, to repair to the place
where such nuisance, source of filth, or cause of
sickness, is complained of as existing as aforesaid,
and there, if found, the same to destroy, remove or
prevent, under the directions and agreeably to the
order of said Board of Health, or such members
of the same as may be present for such purpose :
Proviso. Provided^ however, that no Sheriff, Deputy Sheriff,
or Constable, shall execute any civil process,either
by arresting the body, or attaching the goods, and
chattels, under colorcf any entry made for the pur-
pose aforesaid, unless such service could by law be
made without such entry ; and all services so
made under cover of such entry, sliall be utterly
void ; and the officers making such service shall
be considered as trespassers, and shall suffer the
pains and penalties of the law in such case made
and provided : and in all cases where such nuisance,
source of filth, or cause of sickness, shall be re-
moved as aforesaid, the cost arising in such pro-
ceedings shall be paid by the f erson or persons
who caused or permitted the same nuisance, source
of filth, or cause of sickness, to exist, or in whose
possession the same may be found.
Sec. 4. Be it further enacted, that the said Board
BOARD OF HEALTH. March 2, 1827. 477
of Health shall have power to make such rules, ^^^^"^ '"""' *'•
orders and regulations, from time to time, for the
preventing, removing or destroying of all ntiisan-
ces, sources of filth, or causes of sickness, within
the Town of Cambridge, which they may thirik
necessary ; which rules, orders and regulations, af-
ter having been posted up in three or more public
places within the town, shall continue in force,
and be obeyed b}' all persons until altered or re-
pealed by said board, or by the said town; and
any person or persons who shall disobey or violate
any such rules, orders or regulations, so as afore-
said made, shall severally forfeit and pay a sum for Forfeit,
such offence, not less than one dollar nor more
than fifty dollars, according to the nature and ag-
gravation of the offence. And for all expenses
which may arise in the execution of their duty,
the said Board of Health shall be authorized to
draw upon the town treasurer of the Town of
Cambridge, and the same shall be paid by the
treasurer of said Town ; and the accounts of said
Board, including all receipts and expendituies of
money shall be examined annually, and reported
to the town, by a committee appointed for that
purpose.
Sec. 5. Be it further enacted. That all fines, for- fjcoverfd'and^t'^
feitures, and sums to be paid, arising under any of '^'^^'**^'
the provisions of this act, shall be prosecuted for,
by and m the name of the Board of Health of the
Town of Cambridge ; and the said Board of Health
shall pursue said prosecution to final judgement,
in any Court within the County of Middlesex,
having competent jurisdiction ; ai:d all monies
arising by fines, forfeitures or sums to be paid under
any of the provisions of this act, shall enure to the
use of the inhabitants of the Town of Cambridge,
and shall be accounted for by said Board to the
Treasurer of said Town.
Sec. 6. Be it further enacted, That whenever
said Board shall commence any process against any
person or persons under this act, and costs shall
478 PLYMOUTH HARBOR. March 2,Mi27.
be adjudged for the defendant or defendants in
such process, and execution issues thereon shall
remain unpaid for thirty days after notice to said
Defendants may ^^^^^^' ^^^^ defendant or defendants may have and
have action, ^c. fiiaintain an action of debt therefor against said
Board in their private capacity, before any Court
of competent jurisdiction in this (commonwealth.
[Approved by the Governor, March 2, 1827.]
CHAP XCV.
An Act to prevent the taking of Sand, Sea-weed,
&c. from the Beach and Flats in Plymouth Har-
bor,
Sec. 1. a^E it enacted by the Senate and House
of Representatives in General Court assembled, and
by the aiithnrity of the same^ That from and after
the passing of this act, no per^'on shall take from
Plymouth Beach, so called, or the flats and shoals
to the eastward of said beach, within the Gurnet,
or from the flats to the westward of said beach,
witliin the limits of the town of Plymouth, any
sand, sea weed, stone, or any other thing, the re-
moval of which would tend to injure said beach,
witliout first obtaining permission from the Select-
men of the town of Plymouth.
Sec. 2. Be it further enacted^ That if any per-
son shall offend against the provisions of this act,
he shall forfeit and nay a sum of not less than ten.
Forfeit, and how nor more than one hundred dollars, for each and
recovered. every such ofl"ence, to be recovered by action of
debt in any Court proper to try the same, one moie-
ty to the use of any person who shall sue for and
recover the same, and the other moiety to the use
of the town of Plymouth.
[Approved by the Governor, March 2, 1827.]
FIRE DEPART. IN BOSTON. March 2, 1827. 479
CHAP. XCVI.
An Act in addition to an act, entitled, " An Act to
incorporate the Presitlent, Directors and Compa-
ny of the Globe Bank."
Sec. 1. J3E ?7 enactefl by the Senate and House
of Representatives in Gtneral Court assembled,
and by the authority of the same. That the Presi-
dent, Directors, and Compan} of tiie (ilol)e Bank,
be, and hereby are authorized to increase their
presont capital stock by an adiiition thereto of two Additional stock.
hundred and fifty thousand dollars, in shares of one
hundred dollars each, which shall be paid iti such
instalments and at such times as the President and
Directors of said Bank may direct and determine :
Provided hoivever, that the whole amount shall be Proviso.
paid in within one year from the passing of this
act.
Sec. 2. Be it further enacted. That the addi-
tional stock aforesaid shall be subject to the same |"^^ject to tax,
tax, regulations, restrictions and provisions, with
the present capital stock of said (/orporation, by
virtue of the act to which this is in addition.
[Approved by the Governor, March 2, 1827.]
CHAP. XCVII.
An Act in addition to an act, entitled, " an Act estab-
lishing a Fire Department in the City of Boston."
Sec 1. -OE it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same. That every
60
480 ALMSHOUSE IN FRANK. CO. March 3, 1827.
member of the Fire Department of the City of
Boston, established by the act to which this is in
duc'^!''4^cV°^'°'ad(lition, shall be holden to produce, within thirty
days after he shall have become a member of said
department, and annually in the month of May
thereafter, to the commanding officer of the mili-
tia company within whose bounds he may reside,
u certificate from the Mayor of said city, stating
that he is a member of said Fire Department.
Sec. 2. Be it further enacted^ That the Chief En-
gineer and Engineers of said City shall have the
Engineer's pow- Same powers and authorities heretofore granted to
"''*"^' and invested in the Firewards of the town of Bos-
ton by the act, entitled, " an act regulating the
storage, safe keeping, and transportation of gun-
powder in the town of Boston," or by any other
act heretofore enacted on that subject.
[Approved by the Governor, March 2, 1827.]
CHAP. XCVIII.
An Act to authorize towns in the county of Frank-
lin to associate together to build an Almshouse
for the support of their poor.
Sec. 1. 15 E 27 enacted by the Senate and House
of Representatives in General Court asseml led,
and by the authority of the same, That the towns
Towns named, of Greenfield, New Salem, Shutesbi^ry, Leverett,
Charleti'ont, Bernardston, Sunderland, Wiiately and
Gill, in the county of Franklin, or any two or more
of them, together with such other towns in said
county as may, within one year from the passing
of thi* act, in legal town meeting, vote to unite
with them, be, and they are hereby authorized to
associate together, for the purpose of purchasing
*c
ALMSHOUSE IN FRANK. CO. March 3, 1827. 4«1
a farm and erectinj^ an Almhouse for the support
and emplo^^meiit of their poor.
Sec. 2. Be it Jiirther en^cted^ That the towns
which shall associate as aforesaid are hereby au-
thorized to purchase and take by deed, and hoh!. ^"aJe^o" ''"'
so much land, and build such Almshouse and other
buildings, as may be necesssary to carry into effect
the object of their association ; and the expense of
such farm and almshouse and other buildingis, and
of the support and maintenance of such poor as
may be sent to the same, shall be apportioned up-
on and borne by the towns associated for the pur-
poses aforesaid, according to their respective valu-
ations in the State tax.
Sec. 3. Be it further enacted^ That the towns
associated as aforesaid, may, in the month of March
or April, annually, choose their several agents to Agents,
act in their behalf in all things relating to the said
Almshouse and farm, and in all contracts respect-
ing the same, which contracts, when made with the
concurrence of a majority of the towns associated
acting by their agents, shall be binding upon all
the associated towns. And if the office of an vacancies.
agent, for any town, shall become vacant, it shall
be lawful for such town, at any time in the course
of the year, to fill such vacancy : Provided, howev- Proviso.
er, that no town, in any meeting of such agents,
shall be entitled to more than one vote.
Sec. 4. Be it further enacted^ That the towns
so associated, may, by their agents, make and es-
tablish such by-laws, rules, and regulations as ma}" By-iaws, .^c.
be thought needful for the ma1:iagement of said
Almshouse and farm, and for the s\ipport, employ-
ment, and discipline of the poor committed to the
same, not inconsistent with the Constitution and
laws of thi^ Commonwealth ; and the said associa-
ted towns respective!} , may remove such poor per-
sons as shall become chargeable therein, and hav-
ing their lawful settlement in said towns, and all
State paupers found therein, to the said Alms-
house, at the sole expense of the town removing
482 PARS. LANDS, W. NEWBURY. March 3, 1827.
such poor, and may, by their agents, appoint a Su-
perintendent, or Master of their Almshouse, and
such other officers as may be found necessary.
ua"bTiuy,/^'c"'^'' And any one of the associated towns refusing to
pay its just proportion of any expense incurred in
carrying the objects of this association into effect,
whenever the same shall have been ascertained
and niatle known to the Selectmen of such town
by the Master of said Almshouse, imder the direc-
tion of the agents of a majority of the said towns,
shall be liable to an action for the recovery there-
of, in anyX'Ourt proper to try the same. And the
said towns, in their associate capacity, shall be ca-
pable of bringing actions in the name of the Mas-
ter of the Almshouse, and of being sued, and due
notice in an}' suit against the associated towns
served upon the Master of said Almshouse, shall
be held to be good and sufficient.
Sec.hS. Be it further enacted, That Elijah Al-
jE-irst meetings, vord, Esq. is hereby authorized to call the first
meeting of the agents of the towns that ma} asso-
ciate under the provisions of this act, by giving
notice of the time and place of such meeting, in
writing, to the agents of the said towns duly elect-
ed, an<l also by publication in a newspaper printed
in Greenfield, in said county, twenty days at least
before the day appointed for such meeting.
[Approved by the Governor, March 3, 1827.]
CHAP. XCIX.
An Act authorizing the First Parish in West New-
bury to dispose of their Parsonage Lands.
Sfc. 1. liE it enacted by the Senate and House
of Representatives, in General Court assembled
FISHERY, WESTFIELD RIV. ^Tarck 3, 1827. 483
and by the authority of the same^ That the First
Parish in West Nt^wbury be, and hereby are au-
thorized to make sale ot their parsonage lands, and
buildinjis ; Provided the net proceeds of such ^'^°^**''-
sale be invested in a permanent iund, the interest
of which shall be appropriated towards the sup-
port of the Gospel, in the Congregational Society ,
in said paiish.
Sec. 2. Be it further enacted^ That the said
parish may authorize their clerk, or such other ^erk to beau-
person or persons, as the said parish may appoint, *'''""'®'*'*^*^
to make sale of the aforesaid jiaisonage lands and
buildings, and also to make and execute tlie neces-
sary conveyance or conveyances thereof, for, and
in the name, and beiialf of the said paiish.
[Approved by the Governor, March 3, 1827 ]
CHAP. C.
An Act to regulate the Fishery in Aggawam or
Westfield River.
Sec. 1. IjE 27 enacted by the Senate and House
of Representatives in General Court assembled,
and by the aiithority of the same. That from an<J
after the passing of this act, any person or persons,
who shall draw a seine or drag a net within thirty ^^^^^.^^^^
rods of the dam or race way, at White's Mills, (so catcwng, Re-
called) on Aficgawam River, in the ♦own of VVest
Springfield, for the purpose of catching shad, ale-
wives or other fish, shall for each and every such
ofTence, forfeit and pay the sum of five dollars, and
shall also forfeit the boat and seine employed for
such purpose.
Sec. 2. Be it further enacted. That if any person
or persons, shall set any pot, nets, weir, or hurdle,
484 BERK. MED. INSTITUTION. March 3, 1827.
within thirty rods of said dam, or race way, for the
purpose of taking fish of any kind, he or they, shall
fiZ^mX' ^^^ ^^^^ ^"^ every such oflfence, severally forfeit and
pav the sum of five dollars for every twelve hours
said pots, nets, weir, or hurdle, shall be placed in
said river, and in proportion for a greater or less
time.
Sec. :1 Be it further enacted, That if any per-
son or persons, shall in any other way, obstruct the
ft?u«Vpa8?^' free passage offish through said race way, between
sage.^c. ^jjg fifteenlh day of April, and ihe first day of June,
he shall forfeit and pay for every such offence the
sum of five dollars.
Sec. 4. Be it further enacted, That all the fines
Fines, ai^fj forfeitures, incurred by a breach of this act,
may be recovered in an action of debt by any per-
son, who shall sue for the same before any Justice
of the Peace, within the County of Hampden.
Sec. 5. Be it further enacted. That all laws
heretofore made regulating the Fishery at White's
Mills, on Aggawam River be, and the same are
hereby repealed.
[Approved by the Governor, March 3, 1827.]
CHAP. CI.
An Act in addition to an Act entitled " an Act to
incorporate the Berkshire Medical Institution."
Sec 1. JlJE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That the " Trus-
tees of the Berkshire Medical Institution," be, and
Fowerg. thev hereby are authorized and empowered to estab-
lish an Eye Infirmary, and General Hospital, and
to appoint all proper officers, and make and ordain
Sepeal.
V
BERK. MED. INSTITUTION. March 3, 1827. 485
all rules and by-laws proper for the government
and regulation thereof, and not repugnant to the
laws and Constitution of this Commonwealth.
Sec. 2. Be it further enacted, That the Secre-
tary-, and Treasurer, of the Berkshire Medical In-
stitution, shall be chosen annually, in the month of TreaSchol
April, and shall before entering on the duties of ^'''*''-
their respective offices be sworn to the faithful
discharge thereof, and to keep true records and
accovmts of the doings, receipts, and expendi-
tures of said Corporation, which shall be exhibited
annually to the s;iid Trustees, at the nieeting for
the choice of said officers, and the Treasurer shall
also give bonds to trie satisfa tion of the Trustees.
Sec. 3. Be it further enacted. That the Berkshire
Medical Institution shall have authority, from time
to time to select and appoint a board of visitors to Board of visitors.
said Eye Infirmary and General Hospital, not ex-
ceeding twenty, fifteen of whom, shall be from
among the donors for the use of said E\eli firmary
and Hospital, and any person may be so elected
a visitor for life, who shall have paid for the use of
the Infirmary and Hospital, to the Treasurer there-
of, one hundred dollars, and any person may be so
elected a visitor for a term not exceeding ten
years, who shall have paid for the like use fifty
dollars, and any person may be so elected a visitor
or for a term not exceeding five years, who shall
have paid for the like use, twenty-five dollars, and
each of the donors so selected as visitor, shall have
a right to keep during the time, for which he is so
selected, at said Eye Infirmary and General Hos-
pital, two patients, who shall receive all necessary
medical attendance and advice, free from any
charge for the same, and if any such superintend-
ent shall be a physiciiin, he shall have a right to
a tend and witness the practical operations of said
Eye Infirmary and General Hospital.
Sec. 4. Be it further enacted. That if any tw-o or
more towns in the Coiuiiy of Berkshire, shall hereaf- Towns to pr<.-
•' cure a bouse,
ter procure a house for the support and employment *<>.
486 NEWTON & WART. UNI. SOC. March 3, 1827.
of the poor of said towns, which shall be accepted
and approved by siiid Corporation, as suitable and
proper for said purposes, it shall be the duty of
said Corporation to lurnish to the inmates of said
house, poor persons supported and maintained
therein, medical advice and attendance free from
any charge or expense therefor.
Sec. 5. Be it further enacted^ That said Corpo-
Eatate. ration be authorized to hold real estate not exceed-
ing in value twenty thousand dollars, and personal
estate not exceeding; thirty thousand dollars, for the
use and benefit of the Eye Infirmary and General
Hospital, in addition to the funds allowed by the act
to which this is in addition, with power to manage
and dispose of the same. This act shall be always
subject to the controul of the Legislature, and may
be at any time altered or repealed.
[Approved by the Governor, March 3, 1827.]
CHAP. CII.
An Act to incorporate the Newton and Watertown
Universalist Society.
Sec. 1. JjE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Elijah
Persons ineorpo. Adams, Ezra Fuller, Elias Jennison, Stephen W.
rated. Trowbrldge, Thomas Hastings, their associates and
successors be, and they hereby are incorporated
into a Religious Society, by the name of the " New-
ton and Watertown Universalis! Society," with all
the powers, privileges, and immunities of othiT
Religious Societies, agreeably to the Constitution
and laws of this Commonwealth.
Sec. 2. Be it further enacted, That said Univer-
salist Society is autiiorized and empowed, as they
BRIDGE, PARKER RIVER. March 3, 1827. 487
sliall determine by a major vote at theij March or
April meetins; annually, to raise such sum or sums ^J^'.Vc*"^'"""
as may be necessary lor the support of public wor-
ship, and other incidental expenses, by a tax on
their polls and estates, or on the pews in their
house of worship, according to the appraised value
thereof.
Sec. a. Be it further enacted. That any two of the
above named persons are hereby authorized to call
the first meetinnj of said society, by posting a ^oti- ^'""^"""^
fication thereof at their house of public Avorship,
fourteen days previous to "said meeting, for tiie
purpose of choosing such officers as they shall
deem expedient, and also for the purpose of deter-
mining the mode of calling future meetings.
[Approved by the Governor, March 3, 1827.]
CHAP. cm.
An Act to incorporate certain persons for the pur-
pose of building or repainng a Bridge over
Parker River, in the town of Newbury, in the
County of Essex.
Sec. 1. KE it enacted by the Senate and House
of Representatives iri General Court assembled, and
by the authority o/ the same. That David Plummer,
Danl. Plummer, Samuel Newman, David Dole, Rich- S"' '"'°'^°*
ardJaques. Enoch Plummer, Joseph Farley, vSamuel
Poor, John M. Plummer, William Dole, and Thomas
Moody, together with such others as ma}^ hereafter
associate with them, their successors, and assigns,
shall be a Corporation by the name of the Parker
River Bridge Corporation, and b}' that name may
sue and be sued, to final judgment and execution, j^j^^^^^^^
and may do and suffer all such matters, acts and
things, which bodies politic may and ought to do
01
488
BRIDGE, PARKER RIVER. March 3, 1827.
Power.
Clerk to make
returns, &'C.
Toll.
and suffer, and said Corporation shall have full
power and authority to make, have, and use a com-
mon seal, and the same to break, alter and renew
at pleasure.
Sec. 2. Be it further enacted, That the said
Corporation, shall be, and are hereby authorized
and empowered to repair, rebuild, or make anew
the
great
bridge, over the River Parker, in the
town of Newbury, and County of Essex, at a place
formerly called and known by the name of "Old
Town Ferry," and said bridge, shall be well built,
or repaired, with good and sufficient materials, and
not less than twenty-five feet wide and of the same
lieight of the present old bridge, and there shall
be not less than six arches in the whole, amounting
to two hundred and twenty-five feet; and one of
said arches shall be at least twenty-five feet wide,
for the convenience and accommodation of the
boating on said river, all of which said arches shall
be well covered with plank, or timber ; and shall
always keep up a good and sufficient railing on said
bridge for the safety of passengers ; and saiti bridge,
shall at all times be kept in good repair, and when
said bridge, shall be so built or repaired, the clerk
of the said })roprietors shall make a return into the
office of the Secretary of this Commonwealth, of
the actual expense of building, or repairing the
same ; and at the expiration of fifteen years from
the opening of said bridge for travel, the said clerk
shall make a return to said Secretary's office,
stating the amount of the receipts, expenditures,
dividends, and disbursements, during said term.
Sec. 3. Be it further enacted, That for the pur-
pose of reimbursing said proprietors, the money
they may expend in bu'lding, or repairing, and sup.
porting said bridge, they be, and are hereby, au-
thorized, and empowered, to take and receive,
for passing over said bridge, the following tolls,
viz. for each coach, phaeton, or other four wheeled
carriage, drawn by two, or more horses, twenty
cents ; for every wagon, drawn by not more than
BRIDGE, PARKER RIVER. March 3, 1827. 489
two horses, ten cents, if by more than two horses,
twelve and a half cents ; for every cart or wagon,
drawn by two or four oxen, ten cents, if by more
than four, twelve and a half cents ; for every chaise,
chair, or sulky, drawn by one horse, ten cents ; for
every cart, wagon, or truck, drawn by one horse,
six cents; for every horse and rider, three cents;
for every sleigli, or sled, drawn by one horse, six
cents ; for every sleigh, or sled, drawn by two or
more horses, or oxen, eight cents ; for all horses,
or mules, or neat cattle, led or driven, one cent
each ; for all sheep or swine, for every dozen, three
cents: Provided, however^ thdit the said proprie- ^°^'*"
tors may, if they see cause, commute the rates of
toll, with any person or persons, or with any com-
pany, or corporation, by taking of him, or them, a
certain sum to be paid quarterly, or annually, to be
mutually agreed on, in lieu of the tolls aforesaid :
Provided, also, that all persons going to, or returning p,ovijo.
from public worship, or military duty, be permitted
to pass said bridge free of toll ; aud said toll to
commence at the day of the first opening of said
bridge, and to continue for the term of fifty years ;
after that time, said bridge shall revert to the
Commonwealth: Provided, nevertheless, that the Pro^i""
Legislature, shall have a right, at the end of fifteen
ye rs, from the opening of said bridge for travel, to
regulate anew the tolls to be received for passing
the same.
Sec. 4. Be it further enacted, That any Justice
of the Peace in and for the County of Essex, on
application of any three of the proprietors, be, and
hereby is authorized to call the first meeting, and pirat meeting .
the proprietors, at their first meeting, sliall elect a
cleik to record the transactions of the Corporation,
who shall be sworn to the faithful performance of
the duties of his office, and shall at all times keep
a fair record of their doings ; and shall also choose
five directors, one of whom shall be president
of the Corporation, and as such be elected by the
board of directors, and also a treasurer, and all
490
BRIDGE, PARKER RRIVER. March 3, 1827.
By-laws, ^c.
Proviso.
Kates of toll to
be written.
•Proviso.
Votes, ^c.
Paoviso.
How void.
Other officers, that may be necessary ; the first
meeting; shall be called by publishing an advertise-
ment thereof, in some public paper printed in
Newburyport, at least twelve days before the time
appointed for holding said meeting, at which, or at
any future meeting, said proprietors may agree
upon the mode of calling future meetings, and may
make such rules, regulations, and by-laws, as they
may think meet, and may annex penalties thereto,
not exceeding five dollars for any offence : Pro-
vided, such rules, regulations and by-laws, shall not
be repugnant to the Constitution, or laws of this
Commonwealth.
Sec. 5. Be it further enacted, That the rates
of toll on said bridge shall be wTitten on a sign
board in large letters, and a sign board shall be
constantly exposed to view, over or adjoining the
toll house that may be eiected ; 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 : ^/Ind provided also, that
whenever the receipts of toll and income shall
have amounted to a sum equal to the expense of
building, or repairing, and sustaining said bridge,
with nine per cent on the cost, said bridge shall
revert to the Commonwealth for public use.
Sec. 6. Be it further enacted, That every propri-
etor in the said hridge, or his agent duly authorized
in writing, shall have a right to vote at all meetings
of said Corporation, and be entitled to as many
votes as he has shares in the same : Provided,
however, that no proprietor shall be entitled to
more than ten vott.s.
Sec. 7. Be it further enacted. That if said Cor-
poration shall neglect to repair, rebuild, or make
anew said bridge for the space of two years, then
this act shall be null and void.
[Approved by the Governor, March 3, 1827.]
DIGHTON & WELLINGTON. March 3, 1827. 491
CHAP. CIV.
An Act in addition to the several Acts regulating
the Pilotage for the Harbour of Boston.
M3^- it enacted by the Senate and House
of Representatives^ in General Court assembled,
and by the authority of the same, That the Gov-
ernor, with the advice of Council, may increase the
number of branch pilots for the port of Boston, by
granting additional branches on the recommenda-
tion of the trustees of the '' Boston Marine Societ} ;"
and the trustees of said " Boston Marine Society"
are hereby authorized to make from time to time
regulations for the government of the pihjts of said
port, and the same to repeal or alter, any thing in
the acts to which this is an addition to the contrary
notwithstanding. Provided, hoivever, that such
regulations shall not take effect, until the same
shall be approved by the Governor and Council,
after a due hearing of the parties by petition or
remonstrance.
[Approved by the Governor, March 3, 1827.]
CHAP. CV.
An Act in addition to " an act to unite the Towns
of Dighton and Wellington in the County of
Bristol."
Be it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That the Towns
of Dighton and Wellington shall be and remain
492 ANDOVER PARISH. March 3, 1827.
distinct Corporations, for two months next suc-
ceeding the twenty-second day of February, one
thousand eight hundred and twenty seven, for the
purpose of adjusting their corporate concerns, and
for no other purpose.
[Approved by the Governor, March 3, 1827.]
CHAP. CVI.
An act to divide the South Parish in Andover into
two Parishes.
Sec. 1. i>E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That that part of
the said South Parish, herein described, be, and
herebj' is formed into a separate and distinct Par-
ish, and shall be called and known by the name of
the West Parish in Andover, and shall be bounded
Boundary, ^c. ^^ foUows — viz I beginning at a stake and stones
at the line which divides Tewksbury and Andover,
near Aaron Frost's, thence Northerly to a hop kiln
near Lieutenant Peter Frenchs' thence Easterly to
a white oak tree marked, standing on Land of Da-
vid Barker, near the road leading from Holts'
Bridge to Solomon Holts, thence North Easterly to
the corner of the road leading from the Paper
Mdl to Elijah L. Herricks, thence by said road to
the Bridge over Shaushin River, near the paper
mill, thence down Shaushin River to the line
which divides the North and South Parishes of
Andover, thence North Westerly by the North
Parish line to Meirimack River, thence up Merri-
mack River to Tewksbury line, thence Southerly
by Tewksbury line to the first mentioned bound.
Sec. 2. Be it further enacted, That all the in-
LIBEL AND SLANDER. March 3, 1827. 493
habitants, within the limits and boundaries afore-
said, shall be considered as belonging to said West
Parish, and the said Parish is hereby invested with
all the powers, rights, privileges and immunities,
with which other parishes in this Commonwealth
are invested.
Sec. 3. Be it further enacted, That nothing
contained in the provisions of this act, shall be con-
strued in any respect to impair or take away the
right which the said inhabitants, or any of them, Ministenairand.
now have either at law, or in equity, to their pro-
portional part of the ministerial fund of the
south Parish in Andover afoiesaid, or of the in-
terest and income thereof.
Sec. 4. Be it further enacted. That Samuel Mer-
rill, Esquire, or any other Justice of the Peace for
the County of Essex, be, and hereby is empow-
ered, to issue his warrant to some principal inhab-
itant of said West Parish, requiring him to notify
and warn the inhabitants thereof to meet at such
time and place, as by said warrant shall be duly choice of officers,
specified, and then and there choose such officers
as may be necessary to manage the affairs of said
Parish ; and the inhabitants qualified by law to vote,
being so assembled, shall be and hereby are em-
powered to choose such offiicers accordingly.
[Approved by the Governor, March 3, 1 827.]
CHAP. CVIL
An Act relating to Prosecutions for Libel and to
Pleadings in Actions for Libel and Slander.
Sec 1 . JlJ E zY enacted by the Senate and House
of Representatives in General Conrf assembled, and
by the authority of the same, That in every pros-
494 TUFTS MAN. COMP. J^^arch 3, 1827.
ecution for writing and publishing any libel, it
shall be lawful for any defendant upon trial of the
cause, to give in evidence in his defence, the truth
of the matter contained in the publication charged
Proviso. as libellous : Provided^ always^ that such evi-
dence shall not be a justification, unless on the
trial it shall be further made satisfactorily to ap-
pear, that the matter charged as libellous was pub-
lished with good motives and for justifiable ends.
Sec. 2. Be it further enacted, That in all actions
of the case, for writing and publisliing any libel,
and in all actions for slander wherein the defendant
or defendants may plead the general issue, and also
in justification that the words written and publish-
ed or spoken were true, such plea in justification
Plea, not taken, shall ^ot bc held or taken as evidence that the de-
fendant or defendants wiote and published or
spoke such words or made such charge. Nor shall
such plea of justification, if the defendant or de-
fendants fail to establish it, be of itself proof of
the malice of such words or charge, but the jury
shall decide upon the whole case, whether such
special plea was or was not made with malicious
intent, any law or usage to the contrary notwith-
standing.
[Approved by the Governor, March 3, 1827.
CHAP. CVIII.
An Act to incorporate the . Tufts Manufacturing
Company.
Sec. 1. LjK it enacted by the Senate and House
of Representatives in General Court assembled
Sed"^ »°'^<'^p°' ttW'^ by the authority of the same, That Aaron Tufts,
John Jewett, Asa Robinson, Jun. John M. Pratt,
EQUITY. March 5, 1827. 495
and Harvey Conant, to«;et]ier with such others as
ma}'' hereafter associate with thetn, their succes-
sors or assigns, be, and they are hereby made a
corporation by the name of the Tufts Manufactur-
inu: Company, for the purpose of manufacturing
woollen and cotton yarn and cloth, and making
machinery for said purposes in the town of Dud-
ley, in the county of Worcester, and for tliis pur-
pose shall have all the powers and privileges, and
be subject to all the duties and requirements pre-
scribed and contained in an act passed 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 cor-
porations," and the several acts in addition thereto.
Sec. 2. Be it further enacted, That the said
Tufts Manufacturing Company, in their corporate
capacity, may lawfully hold and possess such real
and personal estate as may be necessary and con- Estate.
venient for carrying on said manufactures : Pro- Proviso.
vided, the value of such real estate shall not ex-
ceed one hundred thousand dollars, and the value
of such personal estate shall not exceed one hun-
dred thousand dollars.
[Approved by the Governor, March 3, 1827.]
CHAP. CIX.
An Act, in addition to the act giving further Reme-
dies in Equity.
Sec. 1. Jl>E z7 enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That when any
complaints, bill, or suit in equity shall be pending
in the Supreme Judicial Court, in any county, it
shall be lawful for any Justice of said Court, as well
62
496 EQUITY. March 5, 1827.
Justices to hear, ill vacatioD as in term time, to receive, hear, and
determine all motions relating to the proceedings
thereon, preparatory to a final hearina; thereof, and
to make and pass all interlocutory orders and de-
crees, which may be proper and necessary to the
tnll hearing and final tletermination of said suits;
and every order and decree, which shall be so
made and passed, sfiall be transmitteil as soon as
Clerk to file, ^c may be to the Clerk of the Court for the county in
wtiich the suit may be pendins;, who shall file the
same among the papers and documents beloiiging
to the suit, to be recorded with tiie other proceed-
iiigs, wheu the said suit shall be so determined, if
the Court shall so direct.
Sec. 2. Be it further enacted^ That before any
motion for any interlocutory order or decree shall
be heard and determined as afoiesaid, tlie Justice
of the said Court, to whom the motion shall be
Notice to be giv- inade, shall cause reasonable notice thereof to be
given to the adverse party or his counc il of record ;
and when the party applying for sucli decree or
order, or the party objecting thereto, or their coun-
sel, cihall live more than twenty miles from the
place where the Justice applie 1 to shall reside,
they may respectively tran^mit to him, within such
time as he shall appoint, their reasons for and
against such decree or order, and the said Justice
shall receive and act upon the same in like man-
ner as if the parties or their said counsel were per-
sonally present before him, and all such decrees
and orders shall be subject to revision and rever-
sal by the Court, at the next law term thereof, for
the county in which the suit sliall be pending:
proviso, Proinded hotvever^ that all decrees and orders, so
made, shall remain of ftdl force and effect, and ail
proceedings under the same shall be valid until
the same shall be rever^ed in manner aforesaid.
Court to direct ^Ec 3. Be it further enacted. That on the final
corli"!? *° "^"^ determination of any suits in equity, the Supreme
Judicial Coiu't shall direct what part of the pro-
ceedings shall be recorded at large, and shall allow
EQUITY. March 5, U\27. 497
such compensation therefor to the Clerk, who shall
record the same, as shall be deemed rensonable,
hav inu rejiard to the fees established by law for
services of a similar nature.
Sec. 4. Be it further enacted. That there shall be
appointed by his Excellency the Governor, in the
manner provided in the (Constitution, not exceed-
ing; two siiitable persons residing within the coun-
ty or counlies for wliicii a law term of the Su-
preme Judicial Court is now or may hereafter be
holden, tQbe Masters in Chancery/ to hold their ctr' '"''''""
office during the term of four years, unless sooner
removed by the Executive for the time being, each
of whom shall, under the direction of the Court
aforesaid, or any Justice thereof, flo and perform
all the duties^ which, according to the rules and
practice of ('hancery, are usually performed by a
Master in Chancery ; and they shall severally be
sworn to the faithful discharge of their duties, and
shall be allowed such compensation for each case
in which their services shall be required and per-
formed as said Court shall order and adjudge to be
reasonable, and the sutn so allowed shall be taxed
in the bill of costs against the party who shall be
held and adjudged to pay the costs cf the suit, un-
less tiie Court in their discretion shall otherwise
order; Provided, i hat whenever it shall so hap- Proviso,
pen that the master or masters so appointed shall
be ot Counsel or interested in the suit, or related
to either of the parties, the Comt or Justice there-
of, who may order a reference of any matter to a
master, shall appoint some suitable person to act
in that capacity for said suit.
Sec. 5. Be it further enacted. That in all suits in
equity the subject of costs shall be wholly in the
discretion of the Coint : Piovided, that no greater Proviso
fee or fees shall be taxed in any bill of costs than
is prescribed for similar services in the general
fee bill established by law.
[Approved by the Governor, March 5, 1827.]
498 ENGINEMEN. March 5, 1827.
CHAP. ex.
An Act to increase the number, and provide for
the appointment of Enginemen.
Sec. 1. JjE 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 month ot March next, the Public Fire
Engines in the several towns within this Common-
wealth. containing more than three thousand in-
habitants, shall be manned by the numbers, and
in the manner hereinafter directed. To each and
Number. evcrj common fire engine, there shall be appoint-
ed a number not exceeding thirty men, and to
each and every hydraulion or suction fire engine,
there shall be appointed a number not exceeding
forty two men. And whenever said suction en-
gines shall be suffered to go out of repair, and re-
main so, and be used as common engines only,
then the said number of forty-two men shall be
reduced to the number of thirty herein prescribed
for the common engines : Provided, nevertheless^
that the excess over and above the number of en-
ginemen now established by law, and which are
heieby provided for by this act, shall not be taken
from any military company in this Commonwealth,
without the consent of the commanding officer
thereof for the time being, when said companies
shall consist of a less number than sixty-four effec-
tive privates ; and the mode of appointment, du-
ties, liabilities, privileges and exemptions of said
additional enginemen, shall be the same as those
of enginemen under existing laws.
Sec. 2. Be it further enacted, That all gen-
eral acts and parts of acts relating to this subject,
and incompatible with the provisions of this act be,
and the same are hereby repealed,
*
[Approved by the Governor, March 5, 1827.]
Proviso.
Repeal.
HOUSE OF INDUSTRY. March 5, 1827. 499
CHAP. CXI.
An Act in addition to the act entitled "an act con-
cerninjif the House of Industry in the city of
Boston."
■KE it enacted by the Senate and House
of Representatives in General Court, assembled,
and by the authority of the same, That the Di-
rectors of the House of Industry in the City of
Boston, shall have and exercise all the powers and Powers granted
perform all the duties relative to paupers, and the
binding out of children and other persons commit-
ted to said House of Industry for support, as the
overseers of the poor of the several towns in this
Commonwealth now have and exercise, in relation
to paupers and the binding out of children, and
other persons, under and by virtue of the several
laws of this Commonwealth ; and all acts of said
Directors shall impose the same duties, liabilities
and obligations, on all judicial tribunals, on the
City of Boston aforesaid, and on the several towns
ami individuals of this Commonwealth, as the same
acts would impose, if done and performed in the
same manner by the overseers of the poor of the
several towns in this Commonwealth.
[Approved by the Governor, March 5, 1827.J
500 THUS. METH. EP. CH. NEW. March 5, 1827.
CHAP. CXII.
An Act to incorporate the Trustees of the Meth-
odist Episcopal Church in Newbury and Nevv-
buryport.
Sec. 1. JjE zV enacted by the Senate and House
of Representatives in General Com t assembled,
and by the authority of the same, That John Adams,
and Benjamin Brown of Nevvburyport ; Cutting
mer''"'''^°Pettingale, Josiah P. Noyes and \John Ihurlo,
of Newbury ; and Elias French and Caleb Pike, of
Salisbury, all in the Couiit} of Essex, l)e, and they
hereby are constituted a body corporate and poli-
tic by the name of the Trustees of the Methodist
E,>iscopal Church in Newbury and Newhur3port,
for the promotion of piety, reliojion 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
Common seal, altered at their pleasure, and they may sue and be
sued in all actions real, personal, and njited, and
may prosecute and defeml the same to final judg-
ment and execution, by the name aforesaid.
Sec. 2. Be it further enacted. That the afore-
said Trustees and their successors shall and may
annually elect a President, and a Secretary to re-
^J«f J»/f "*"-cord the doings and transactions of the Trustees,
and a Treasurer to receive and apply the monies
or propert} hereinafter mentioned, as hereinafter
directed, and any other oflicer that ma}- be neces-
sary for the managing of their business ; and they
may make rules, regulations and by-laws, not re-
pugnant to the Constitution or laws of tiiis Com-
monwealth.
Sec 3. Be it further enacted. That the num-
Number of Trus- ber of trustees shal! not at any time be more than
nine nor less than five, a inajoiity of whom sluill
TRUS. METH. EP. CH. NEW. J\Jarch 5, 1827. 501
constitute a quorum for transacting business ; and
tliey may and j-htll, from titne to time, fill up vacan-
cies in their number which may li''^ppt;n by death, yj^^^^^j^,
resignation, or otherwise, as hereinafter provided;
and such trustees sshall annually hold a meeting in
iVIarch or April, and at such other times as may be
necessary, which meetings, after the first, shall be
called ill such way and manner as the trustees afore-
said shall hereafter direct.
Sec. 4. Be it further enacted^ That the afore-
said trustees, and their successors, are hereby made
capable in law to possess and hold all the property
both real and personal, belonging to the Methotlist J^'*^fj^y"^*^'"
Episcopal Church in Newbury and Newburyport,
in trust forever, for the use and benefit of the mem-
bers, for the sole purpose of promoting the public
worship of Almighty God, according to the duc-
trine>s and disciplisie of saiiJ Church, and in further
trust and confidence that whenever one or more of
sai<l 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 ac-
cording to the direction given in the discipline of
said Church.
Sec. .'). Be it further enacted. That any gift, grant,
bequest or tlevise, made, cr that hereafter may be
made, to the said trustees or their successors, shall
be valid and effectual to all intents and purposes
whatever; and they are hereby empowered to hold ^^*^*^'^'^-
real and personal estate, the annual income of which
shall not exceed two thousand dollars: Provided, ^^^^^^0^
that the entire income be strictly appropriated to
promote the objects of this corporation, and also that
the gifts, grants, or donations be faithftdly applied
according to the real intent of the donor.
Sec. b. Be it further e?ificted. That all deeds andDeedg.^c.
instruments which the said trustees may lawfully
make in their said capacity, shall, when made in
their name, and signed and sealed with their corpo-
rate snal, aiul delivered by them, be binding on said
trustees, and their successors, and valid in law.
502
SPRENG. MANU. COM.
March 5, 1827.
Powers, 4-c.
Tirst meeting.
Sec. 7. Be it further enacted, That said corpora-
tion be, and they hereby are vested with all the
powers, rig;hts and privijej^es ojranted to other reli-
gious corporations in Newbuiyport, by the act pass-
ed in the year one thousand seven hundred and
ninety four, entitled, " an Act for incorporating the
several religious societies in Newburyport, in the
County of Essex," and to the several powers and
privileges conferred on other religious societies in
this Commonwealth by the acts in relation thereto.
Sec. 8. Beit further enacted, That Elias French,
before named, be, and he is hereby authorized to
appoint the time and place for holding the first
meeting of said trustees and to notify them thereof.
Sec. 9. Be it further enacted. That the Legisla-
ture may alter amend or repeal this act at pleasure.
[Approved by the Governor, March 5, 1827.]
CHAP. CXIII.
Name altered.
Further power
granted.
An Act in addition to an act to incorporate the Bos-
ton and Springfield Manufacturing Company.
Sec. 1. IjE zV enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same, That the Boston and
Springfield Manufacturing Company shall from and
after the first uay of July next, be known and call-
ed by the name of the Chickapee Manufacturing
Company ; and by that name be subject to all the
liabilities and duties, and be vested with all the
rights, privileges and property of the said Boston
and Springfield Manufacturing Company.
Sec. 2. Be it further enacted. That the said Com-
pany, shall, in addition to powers heretofore grant-
ed, have power to manufacture Woollen Goods, to
make and sell Machinery, and carry on a Bleache-
ry in all its branches.
[Approved by the Governor, March 5, 1827.]
TRUS. OF MINIS. F. AMH. March 6, 1827. 503
CHAP. CXIV.
An Act, in addition to former Acts regulating
Pilotage ill the port of Salem.
13 E it enacted by the Senate and House
of Representatives^ in General Court assembled,
and by the authority of the same^ That the Gov-
ernor, with the advice of the Council, may increase
the number of branch pilots for the port of Salem,
by grantins; addilional l)ranches on the joint re-
commendation of the Master of the Marine Society,
in Salem, New-Ensjland, and of the President of
the Saleiu Ea-^t India Marine Society, and the said
officers are hereby authorized to make, from time
to time, regulations for the government of the pilots
of said port, and the same to repeal or alter, any
thing in the former acts, to the contrary notwith-
staiiding : Provided^ however^ that such regulations piovisc
shall not take effect, until the same shall be ap-
proved by the Governor and Council.
[Approved by the Governor, March 5, 1827.]
CHAP. CXV.
An Act to incorporate the Trustees of the Minis-
terial Fund of the Congregational Union Society,
in Amherst.
Sec. 1. ijE z7 enacted by the Senate and House
of Representatives in General Court assembled, ' 9^J^X.S'n
and by the authority of the same. That Oliverp
Dickinson, Daniel Russ< 11, Junr. Chester Dick- ' "^^"^"^ "***'^''
inson, Jonathan Smith, Daniel Dickinson, Jona-
than Covvles, Henry Weeks, and their succes-
63
I
504 TRUS. OF MINIS. F. AMH. March 6, ^S27.
sors, be, and they hereby are constituted a body
politic and corf)orate, by the name of the Trustees
of the iMinisterial Fund of the Congregational
Union Society, in Amherst, and by that name may
May sue, 4c. j.„p ^Yi(\ be sued, pU ad and be impleaded, and have
a common seal, and shall possess and enjoy all
such other powers and privileges, as are incident
to Corporations of a like nature.
Sec. 2. Be it further enacted, That the said
Trustets shall have power to take into their hands
ubscriptions.^-c ^"cl posscssion, all such subscriptions, donations,
graritvS, bequests, and devises, as may have been
heretofore made, or may hereafter be made, for
the purpose of constituting a Ministerial Fund, fori
the use and benefit of said Society, the annual inj
come of which shall not exceed the sum of twelvef
hundred dollars, and the same to manage and putj
on interest, and to apply the income and interest!
thereof annually, for the support of the minister of
Eroviso. said society, forever : Provided, that such appro-
priation shall be conformable to the express con-
dition annexed to such subscriptions, donations,!
grants, bequests, and devises, as already havel
been or may hereafter be made to said societj', fori
the purpose aforesaid.
Sec. 3. Be it further enacted, That ihe number]
teTVc."^^*^"^'^^ Trustees shall never be more than seven, that
whenever any vacancy shall occur the same shalll
be filled by said society, at any regular meeting for]
that purpose called. That the said trustees shalll
keep a fair record of all their proceeilings, whichj
shall be open at all times to the inspection of the!
donors and their heirs, and any committee, whichj
may be appointed by said society, to inspect thea
same.
Sec. 4. Be it further enacted. That said trus-j
cjericandTreas-^ej..*;; shall annually appoint a clerk, and treasurerJ
tliat the cleik shall be a member of said society,!
and shall be sworn to the faithful perlormance of]
the duties oi said office, shall have the care am
custody of all papers and documents belonging io\
TRUS. OF MINIS. F. AMH. March 6, 1827. 505
said trustees, excepting: those the care and custody
of which are hereinafter given to the treasurer,
and shall carefuPy and fairly record all their votes
and proceedings in a book to be kept for that pur-
pose, and shall certify the same when thereunto
required, and shall call meetings as directed b}'
vote of said trustees, antJ do whatever else ma) be
incident to his office ; and said clerk shall deliver
up to his successor in office, as soon as may be, all
the papers, records, and documents in his hands, in
good order and condition, and if he shall neglect
so to do for thirty days next after such successor
shall be duly appointed, he shall forfeit and pay to
the use of said society, the sum of fifty dollars, and
the further sum of thirty dollars per month, for
such neglect afterwards; and the treasurer shall
be a member of said society, shall give bond to said
trustees and their successors, with sufficient sure-
ties, in such penal sum as they shall require, with
condition to do and perform all the duties incum-
bent on him as treasurer, and he shall be the re-
ceiver of all monies and effects due, owing, and
coming to them, and may demand, sue for, and re-
cover the same in their name, unless prohibited by
them ; and he shall have the care and custody of
the monies and effects, obligations, and securities for
the payment of money, or other things, and eviden-
ces of property belonging to said trustees, and be ac-
countable to them therefor, and shall dispose of the
same as they shall order and direct, and shall ren-
der an account of his doings, and exhibit a fair
and regular statement of the property and evidences
of property in his hands, and the same shall be
kept on the files of the clerk of said trustees, and
he shall deliver up to his successor in office, as
soon as may be all the books, and papers, property
and evidences of property in his hands, in good
order and condition, and if he shall fail to deliver
the same as aforesaid, for the space of ten days,
next after such successor in his said office shall be
duly chosen, he shall forfeit and pay to the use of
506 THUS. OF MINIS. F. AMH. March 6, 1827
said society, the sum of fifty dollars, and a further
sum of thirty dollars per month, for such failure or
neglect thereafter.
Sec. 5. Be it further enacted^ That said trus-
t'3i^s shall cause to be recorded and kept in tlieir
Ks7*c.°^ book of records b} their clerk, a correct statement
of the fijuds and estate, in their hands, u lierein shall
be particularly designated the nature and amount
of each original grant, donation, devise, or bequest;
the periotl when njade ; the design thereof; tie
name oi the gr a:. toi, donor, devisor, or testator ; ahd
ponTe**" "^^^ *^^^y ^1^^^^' make a report annually, to said society,
at their annual meeting to be holden in the month
of [March or April, of the state and condition of the
funds, with a specific estimate of what estate they
actually hold, aHti by wl»at tenure; what money
and effects are due to them, and how they are
secureti, and what recei[)ts, and what disbursements
have been by them received, and made by them
during the }ear preceding the time of making
such report.
Sec. 6. Be it further enacted., That said trustees
By-laws, fc. may make rules, regulations and by-laws, and annex
penalties ior the breach thereof, not repugnant to
the laws of this Commonwealth ; may receive real
estate by way of gift, devise, or juirchase, and
alienate the same by good and sufficient deed or
deeds.
Sec. 7. Be it further enacted^ That in no case,
shall the principal of said fund be expended, unless
the original terms and conditions of any particular
grant, donation, conveyance, devise, or bequest,
shall require or allow it, and in case said fund shall
STSTc* ^^^ mismanaged, or the income appropriated con-
trary to this act, o» to the original directions of the
grantors, donors, devisors or testators, said societ}'^,
or any of the grantors, donors, devisors or testators,
or his or their heirs, or any of them, may have and
file a bill in ecjuity, against the said trustees, or
any one or more of them, specifying as distinctly
as may be such misuianag:;ment, misappropriation
TRUS. OF MINIS. F. AMM. March 6, 1827» 607
or ne2;lfct, before the Supreme Judicial Court,
liohien for tlie County of Hampshire, and the said
Court is hert by authorized to hear and determine
the same, and to exercise jurisdiction thereon ac-
cording to the rules of proceedius in Chancery,
and to decree as equity and good conscience shall
require ; each of said trustees to be responsible for
liis own acts and not for one another, and an}' sum
of money awarded or decreed to be paid by any of
said trustees, shall be for the benefit of saitl iund
and be paid over accordingly; and a final decree
against any one of said trustees for mismanage-
ment in said office, shall ipso facto be a dis-
qualification for his acting as trustee and vacate
his office.
Sec. 8. Be it further enacted, That whenever
any of sanl trustees shall cease to be a member of
said society, ins office sliall thereby becorre vacant, ^'"'^'^"^
and said vacancy shall be filled as herein before pro-
vided, and whenever in the judgment of the majority
of said board of trustees, any trustee, by reason of
age or infirmity, shall become disqualified to per-
form the duties of his aiipointment, his office shall
be declared vacant, and the vacancy shall be filled
as herein before provided ; and said trustees, their
agents, officers, and attornies, shall never receive
any compensation for their services from the pro-
ceeds of said sum.
Sec. 9. Be it further enacted. That any Justice
of the Peace for the County of Hampshire, upon
the application of any two or more of said trustees,
is hereby authorized and empowered, to issue his
warrant directed to one of the trustees named in
this act, requiring him to notify the first meeting of First meeting,
the said Corporation to organize the same by the
establishment of by-laws, and the appointment of
its officers : Provided, also, that this act shall be „ .
.... I t Proviso.
subject to revision, alteration, or repeal, at the
pleasure of the Legislature at any time hereafter.
[Approved by the Governor, March 6, 1827.]
508 AVOIDING TOLL GATES. March 8, 1827.
CHAP. CXVL
An Act in addition to an Act to prevent forcibly
passing and avoiding Toll Gates.
Sec. 1. Be eV enacted by the Senate and House
of representatives in General Court assembled^ and
by the authority of the same. That any person or
persons who may have purchased, or hereafter
shall purchase the franchise of any turnpike or
other corporation, under the provisions of " an act
to enforce the satisfaction and payment of execu-
tions and warrants of distress against certain cor-
porations," and the assignee or assignees of such
person or persons, may recover in an action on the
case, in any court of competent jurisdiction, the
jjgjoyg^y^f pen. penalties which are prescribed in the act to which
allies, ^-c. this in addition for the misconduct therem mention-
ed, and which shall be committed during the time
limited in the original purchase of such franchise
as aforesaid, and that during such time, the Corpo-
ration whose franchise is sold as aforesaid, shall not
be entitled to sue for and recover said penalties.
Sec 2. Be it further enacted, That so much of
the act to which this is in addition, as is inconsistent
with the provisions of this act be, and the same is
„ hereby repealed.
[Approved by the Governor, March 8, 1827.]
I
TOWN OFFICERS. March ii,}S27. 509
CHAP. CXVII.
An Act in addition to an Act entitled " an Act for
regulating Towns, settling their power, and for
the choice of Town Officers."
Sec. 1 . 15 E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same^ That whenever
the lines of any towns shall hereafter be run or
perambulated agreeably to the provisions of the
Act to which this is in addition, it shall be the duty
of the Selectmen of the towns interested, at their ^^'^"'"^"''^"'y
joint and equal expense, to cause to be erected
permanent monuments to designate their respective
boundary lines, at each and every angle thereof,
where said lines are not bounded on the ocean, or
some permanent stream of water, which monu-
ments shall be of stone, well set in the ground, and
at least four feel high from the surface thereof;
and the first letter of the names of the towns for
which such monuments shall be erected, shall be
cut on suitable places thereon : Provided, That no Proviso.
new monument need be pbced where any perma-
nent stone monuments already exist of two feet
in height.
Sec. 2. Be it further efiacted, That the Se-
lectmen of the several towns in this Common-
wealth, bordering on the states of New Hamp-
shire, Vermont, New York, Connecticut and Rhode
Island, in all cases where the lines between said m/n*to give'no
States and this Commonwealth are settled and ***^®' *'^'
established, shall, within two years from the pas-
sing of this act, or at any time hereafter when
either of said state lines which may be now in
dispute shall be settled and established, and once
in every five years thereafter, give notice to the
Selectmen, Town Council, or proper Municipal
Officers of such towns in either of said States as
510 TOWN OFFICERS, &c. March 8, 1827.
adjoin their respective towns, of their desire to
perambulate the lines between them, and if said
proposition shall be accepted, shall proceed to per-
ambulate said lines in the same manner as lines
between towns in this Commonwealth are peram-
proviso. bulated : Provided, however. That no boundary
erected by the authority of tlie two State Govern-
ments shall be removed from the place where it
was originally fixed by such penn hulation.
Sec. 3. Be il further enacted. That the Select-
men who shall neglect or refuse to cause the mon-
uments to be erected as afousaid, or to notify the
Selectmen, Town Council, or proper Municipal
Officers of towns in the aforesaid States adjoining
them, or to })erambulate, if said Selectmen conf-ent,
Penalty. shall be subject to the same penalty, to be recov-
ered and appropriated in the same manner as is
provided for refusing to perambulate lines between
towns in this Commonwealth, by the act to which
this is in addition.
Sec. 4. Beit further enacted. That the Select-
men of any town in this Comnmnwealth, bordering
Selectmen to give °" ^"^ Unincorporated lands or r>Unitalions, shall,
ToM?^ '° ^''*^'' within two years ftom the passing of tiiis act, ?nd
once in every five years thereafter, give notice to
the assessors of such unincor[)orated lands or plan-
tations, of their intention to perambulate the lines
Assesor'dt ^^^^^^^ them, and upon such notice, the said as-
*f<:- ' sessors shall be held liable to perform all the du-
ties, and bf subject to the penalties, to be recov-
ered and appropriated in the same manner as are
provided for the Selectmen of towns in this Com-
monwealth, by the act to which this is in addition.
[Approved by the Governor, March 8, 1827.]
W. H. LEAD MINE & MAN. CO. Mar, 8, 1827. 511
CHAP. CXVIII.
An Act, in further addition to an act, entitled, " an
Act to incorporate Stephen Higginson and others
into a company by the name of the Boston Ma-
rine Insurance Company."
A>E it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority of the same^ That the said L-osion
Marine Insurance Company be, and they hereby
are authorized to lay out and invest in a building
and out houses, to be erected by said corporation,
upon their land in said Boston, for their conveni-
ence and accommodation in carrying on their busi-
ness, a sum not exceeding thirty thousand dollars
of their stock, in addition to the amount they have
already invested in the purchase of said land.
[Approved by the Governor, March 8, 1827.]
CHAP. CXIX.
An Act to incorporate the Wolf Hill Lead Mine
and Manufacturing Company.
Sec 1. 15^2/ enacted by the Senate and House
of Representatives in General Cornet assembled,
and by the authority of the same. That Lewis S.^"' ^'°'^°-
Coryell and Jonathan Parry, and their associates
and successors, be, and they hereby are made a
corporation by the name of the Wolf Hill Lead
Mine and Manufacturing Company, for the purpose
of mininii and manufacturing ores from mines in
the town of Southhampton, in the county of Hamp-
64
512 OYSTERS, &c. March 8, 1827.
shire, and for this purpose shall have all the pow-
ers and privileges, and be subject to all the duties
and requirements contained in " an act passed oq
the third day of March, in the year of our Lord
one thousand eight hundred and nine, entitled, " an
act delining the general powers and duties of
manufacturing corporations, and the several acts
in addition thereto."
Sec. 2. Be it further enacted., That the capital
Capital stock, stock of saiu corporation shall not exceed one hun-
dred and fifty thousand dollars, and they may be
lawfully seized and possessed of such real estate
in said Southhampton as may be necessary and
convenient for the purposes aforesaid, not exceed-
ing the value of fifty thousand dollars.
[Approved by the Governor, March 8, 1827.]
CHAP CXX.
An Act in addition to an act to prevent the de-
struction of Oysters and other shell fish in this
Commonwealth.
-t^E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That all the pro-
visions, restrictions, and penalties of, and proceed-
ings directed in, the act to which this is in addition,
be, and the same are hereby extended to the town
of Digfiton, in the county of Bristol.
[Approved by the Governor, March 8, 1827.]
WEIGHING OF M ERC H. &c. J[larch 8, 1 827. 513
CHAP. CXXI.
An Act to regulate the weiohing of Merchandize
and other Commodities.
Sec. 1 riE iV enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That from and
after the first day of April next, all commodities
which now are, and have heretofore usually been
sold by tlie hundred and twelve pounds, or hun- weight altered.
dred weiij;ht avoirdupois, shall, when exposed for
sale and actually sold, be weighed by decimal hun-
dreds and pounds of avoirdupois wei^iht; and all
contracts thereafter made concerning' the weight
of ijoods or commodities, heretofore weighed by
the hundred weight or one hundred and twelve
pounds avoirdupois, shall be understood and con-
strued to intend the same in decimal hundreds and
pounds avoirdupois.
Sec. 2. Be it further enacted. That it shall be
the duty of every puIJic weiglier of goods or com- y^«'ghei's duty,
modities to weigh the same by decimal hundreds
and pounds, avoirdupois weight, where the same
have heretofore been weighed by the hundred
weight, or one hundred and twelve pounds avoir-
dupois, and to issue his certificate accordingly.
And every such public weigher who shall offend
against the provisions of this act, sfiall, for every
su( h offence, forfeit and pay a fine of five dollars,
together with the costs of prosecution, to be recov-
ered before any Justice of the Peace, u})on com-
plaint in behalf of the Commonwealth. And every
weigher of goods or commodities appointed by any
city or town under the laws of this Commonwealth,
as well as every weigher of goods or commodities
for hire or reward, shall be deemed and taken to
be a public weigher, so far as relates to the pro-
visions of this act.
[Approved by the Governor, March 8, 1827.]
514
WROUGHT NAILS.
March 8, 1827.
edj •S'C.
CHAP. cxxn.
An Act to regulate the Manufacture of Wrought
Nails within this Commonwealth, and to repeal
all laws heretofore made for that purpose.
, Sec-1. 1>E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That all Wrought
JNails manufactured within this Commonwealth,
Nails, how pack- shall bc packed in good '*trong casks, made of sea-
soned timber, and well hooped, with the initials of
the christian name and the surname at large of the
manufacturer, and the name of the town in which
he resides, or, if manufactured by a corporation or
company, the name of said corporation, or style of
said company, and the name of the town in which
the same is located, with the just weight of the
tare of said cask, inscribed in j)lain, legible letters,
with a brand or marking iron, on the side of each
cask ; and no cask shall contain more than three
hundred pounds in the same.
Sec. 2. Be it further enacted, That if any cask,
package, or quantity of Nails manufactured in this
Commonwealth, not branded or marked as afore-
said, shall be offered for sale, or be put on board
any vessel or carriage of transport, to be convey-
ed out of this Commonwealth, the same shall be
forfeited and liable to seizure, and the manufactur-
er of the same, shall, for each and every pound of
tare more than is marked on the cask, and for each
and every pound of refuse, scraps, or waste which
shall be mixed with said Nails, forfeit and pay one
dollar.
Sec 3. Be it further enacted, That if any per-
fetted l-c""^"' son shall counterfeit any brand used, or intended
to be used for the purpose aforesaid, or shall de-
stroy or alter any mark or impression made by an-
other person's brand on any cask of Wrought Nails,
Forfeit, ^c.
FIFTH PARISH, GLOUCEST. March 9,1Q27. 515
and cause a different impression by such counter-
feit brand to be marked or impressed thereon, or
shall shift any JNails from one branded cask to an-
other, and thereby avail himself of another per-
son's brand, every person so offending, shall forfeit
the sum of twenty dollars.
Skc. 4. Be it further enacted. That if any mas- f^l"^^^'*^^''^
ter, mate, owner, or other person, shall receive on
board any vessel or carriage of conveyance any
cask, or other quantity of Wrough.t Nails, manu-
factured in this Commonwealth, which are appa-
rently intended to be transported out of the same,
and are not branded and marked, as provided and
directed by 'his act, he or they shall forfeit and
pay a sum equal to the full amount of such Nails.
Sec. 5. Be it further enacted. That all penal- Forfeitures now
ties and forfeitures arising by force and virtue of '^"^"""^ •
this act, shall be recovered and applied in the same
way and manner as is provided for the recovery
and application of penalties and forfeitures, un-
der the act regulating the manufacturing of Cut
Nails.
Sec. 6. Be it further enacted. That all former Repeal.
laws respecting the inspection of Wrought Nails,
so far as they relate to the same, be, and hereby
are repealed.
[Approved by the Governor, March 8, 1827.]
CHAP. CXXIII.
An Act to incorporate the Trustees of the Ministe-
rial Fund, in the Fifth Parish in Gloucester.
Sec. 1. Jt>E it enacted by the Senate and House
of Representatives in General Court assembled,
516 FIFTH PARISH, GTOUCEST. March 9, 1827.
and by the authority of the same, That John Burns,
Solomon Choato, Isaac Dennison, Neheniiah Knowl-
per8onsincorpo.jQj,^ Jabcz R. Gott, Gcopge De.mison, John Goit,
William P, Curns, John VVallis, Jabez Rowe, Jr.
Thomas (). Marshall, Reuben Brooks, Jr. Levi San-
born, Jr. Solomon Choate, Jr. and Josiah Haskell, Jr.
inhabitants of the Fifth Parish in Gloucester, be,
and they hereby are, constituted a body politic and
corporate, by the name of the Trustees of the
Ministerial Fund in the Fifth Parish in Gloucester,
and they and their successors, shall be, and con-
tinue a body politic and corporate, ami have per-
petual succession, for the due and faithful manage-
ment of said trust ; and they are hereby vested
wiih all powers incident to Corporations, and sub-
ject to the duties and obligations hereinafter men-
tioned.
Sec. 2. Be it further enacted. That the said
trustees shall, in the month of January annually,
and at such other times as may be found necessary
Meetings. ^^^ ^^^ transaction of their business, hold meetings
in the said parish ; all such meetings to be called
and notified, pursuant to such regulation}-' and by-
laws, as may be agreed upon and established by
said trustees. And the said trustees may and shall
at such meetings in January annually, elect a presi-
Eiectionofoffi- deut, a clcrk to record the transactions of the
ceiB,4rc. trustees, a treasurer, who shall give such security
for the faithful performance of the duties of his
office, as may be required by the bj'-laws of said
Corporation, and such other otficers as they may
deem expedi«^nt.
Sec. 3. Be it further enacted, That eight trus-
Quorum. tccs may constitute a quorum for the transaction of
business. And the said trustees shall and msy,
at a meeting regularly called for that purpose, fill
up any vacancies which may happen in their num-
ber by death, resignation, or iem< v d from the par-
ish, each person so chosen to be an inhabitant
withiri and a member of the said parish, to bechosen
by ballot, and to receive the votes of eight at least
of said trustees.
Vatanciea.
FIFTH PARISH, GLOUCEST. March 9, 1827. 517
Sec. 4. Be it further enacted^ That the trustees
aforesaid, and their successors in office be, anti they
hiTe »y are invested with power to demand, recover '^'^""®®^p°^^'^
and receive the subscription or mutual covenant
and agreement of the Kev. David Jewett, John
Burns, Johii Gott, David Brooks, and others, bear-
inof date the twenty-ninth day of March A.D. 1826,
and also all the estate, monies, obligations and se-
curities, belonging to, or which may be derived
from the said subscription, covenant and agree-
ment, the sums therein suhscril^ed, now amountmg
to six thousand, three hundred and ninety -seven
dollars, subscribed and given towards establishing
a permanent fund for the support of the Gospel
Ministry in said Fifth Parish in Gloucester, to hold
the same, as such, for the purposes hereinafter
mentioned. And the said trustees may and shall
receive and hold all other gifts, grants, bequests
and devises, which may hereafter be made for the
support and maintenance of the ministry in said
parish, and the same to use, and improve and ap-
propriate, in such manner as may be prescribed in
such future gifts, grants, bequests and devises :
Provided however^ that the said irustf es shall not at „ .
Ill 1 I 1 • Proviso
any time hold property and estate, the annual in-
come of which shall exceed one thousand dollais.
Sec. 5. Be it further enacted^ That the sums
already granted and secured by the mutual cove-
nant and agreement afores.iid, shall be held and
improved by the said trustees ; and the income
and interest arising thereon shall be received and income, ^c. how
paid annually by the trustees to the treasurer of ^'^'^
the said parish, and shall be by him paid over to the
Rev. David Jeweti, as part of his salary, conforma-
bly to the conditions of his settlement in said
parish, so long as he shall continue with them in
the ministry; and after he shall ease to be their
minister, the interest ^'.rising on said sums shall be
annually paid towards the support of 2 learned,
pious, trinit; rian, congregational minister, settled
by the said puiish, and during all vacancies of such a
518
FIFTH PARISH, GLOUCEST. March 9, 1827.
■proviso.
JVegligenco, 4'c.
May loan, ^-e.
minister settled in said parish, the said trustees shall
apply such part of the interest and income aforesaid,
as may be necessary for the supply of the pulpit, in
said parish ; and the surplus if any, they shall add
to the principal of said funds : Provided, hoivever,
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 have been
respectively given, then the said sums stibscribed
and given in and by the said covenant, shall revert to
the subscribers and donors res[)ectively, in propor-
tion to their several subscriptions, and be recover-
able from the said trustees, or any other person or
persons holding the same, by each one of the said sub-
scribers, parties to the said covenant, their respec-
tive heirs, executors or administrators. And if any
part of such other donations as may hereafter be
made to said trustees, shall be applied, either the
principal or the interest thereof, for any other pur-
poses than those for which they may be respec-
tively given, then such future donation or dona-
tions shall in like manner revert to the respective
donors, their heirs, executors and administrators.
Sec. 6. Be it further enacted, That it shall be
the duty of the said trustees, and their successors,
to use, manage and improve such fund and estate
as may be vested in them by virtue of this act,
with care and diliget.ce, so as best to promote the
design thereof; and they shall be amenable to said
parish for negligence and misconduct in the man-
agement and disposition thereof. And the inhabi-
tants of said parish may maintain a special action
of the case against the persons of said trustees,
or against any one of them, as the case may be, for
such personal negligence and misconduct, for ade-
quate damages; and any and all sums so recovered
shall be a])plied for the benefit of the fund, and
paid to the trustees or their treasurer for ihe time
being.
Sec. 7. Be it further enacted, That the said
trustees may loan the principal of the fund on in-
FIFTH PARISH, GLOUCEST. March 9, 1827. 519
terest, to be secured by bond or note with sufficient
sureties at the discretion of the trustees or by
mortgafi^e of real estate within the County of i ssex,
of double the value of the sum loaned, as colhiteral
security for repi^Jient of thc^ sum loatied, with in-
terest thereon annuall}-, till paid, or tiiey may vest
the principal or any part thereof in the public
stocks or banks of this Commonwealth ; and they
jnay alienate, by good and sufficient deed or deeds
to be executed by them, or a committee duly chosen
by them for that purpose, any real estate, the title
whereof shall be vesteil in th<'m by way of mort-
gage, execution or by o[)e?'ation of law.
Sec. 8. Be it further enacted., That the said
trust(ies shall cause to be recorded, in a book to be
by them kept, the said mutual covenant and igree- Covenant, *c. to
nient, and also a correct statement of the fund and
estate in their hands, wherein shall be particularly
designated, (as far as practicable) the nature and
amount of each original subscrij»lion, gift, grant,
devise or bequest, with such other facts and cir-
cumstances as they may think useful and proper to
distinguish the same and perpetuate the remem-
brance 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, Trustees tore
and shall exhibit to the said parish their account
with the treasurer of the parish, and the said
parish may at their discretion appoint auditors, not
exceeding three in number to examine said ac-
counts, and make report to said parish of the state
of the fund, with the receipts and disbursements.
Sec. 9. Be it further enacted. That the trustees
aforesaid be,and they hereby are authorized to adopt By-iaws, ^c.
such by-laws and regulations as they may deem
necessary and proper for the management of the
aforesaid ministerial fund: Provided, the same^""''^
shall not be in any wa}- repugnant to the Constitu-
tion and laws of this Commonwealth.
Sec 10. Be it further enacted. That no com- co^jp^jj^atj^^.
pensation shall ever be made to the said trustees
C.5
520 ST. JOHN'S CH. SUTTON. March 10, 1827.
or their successors, from the funds or estate that
may be in their hands, or the income thereof, ex-
cept that such allowance may be made to the
clerk and treasurer thereof, as the board of trus-
tees may from time to time direct, and the actual
expenses necessarily incurred in the performance
of the trust, may likewise be paid by order of, the
trustees.
Sec. 11. Be it further enacted, That John Burns,
Solomon Choate and Isaac Dennison, or any two of
First meeting, them, shall Call the first meeting of the said trus-
tees, either in March or April next, by posting up
notifications of the time and place of such meeting
in two public places in the fifth parish in Gloucester
aforesaid, at least four days before such meeting;
and such meeting may be adjourned from time to
time for the purpose of choosing officers, making
by-laws, and transacting any other business relating
to said Corporation.
[Approved by the Governor, March 9, 1827.]
CHAP. CXXIV.
An Act to incorporate the Minister, Wardens,
Vestry and Proprietors of St. John's Church in
Sutton.
Sec. 1 1>E ^Y enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That Daniel L.
pereona incorpo B. Goodvvin. David Wilkitisou, Amasa Roberts,
William Newhall, Harvy Hartshorn, Sylvanus Hol-
brook, Abraham Chase, John Dudley, ^ilas Chase,
Austin Holhrook, Josliua Armsby, Joshua W. Le-
land and Samuel Wood, together with such others
as have associated, or may hereafter associate with
ST. JOHN'S CH. SUTTON. March 10, 1827. 521
them, and their successors, with their polls and
estates, be and they are hereby incorporated into
a society or body politic, by the name of the
M.nister, Wardens, Vestry and Proprietors of St.
John's Church in Sutton, with all the powers and
privileges, and subject to all the duties and restric-
tions of other religious societies, according to the
constitution and laws of this Commonwealth, and
the rights and usages of the Protestant Episcopal
Church in the United States of America, and may
purchase, receive by gift, or otherwise, and hold,
real or personal estate the value of which shall ^*'*'*^-
not exceed thirty thousand dollars, for the purpose
of building a Church, and supporting pubhc wor-
ship therein ; may have and use a common seal,co„,,nonseai,^c
and the same alter at pleasure, at any legal meet-
ing of the society ; and ma}^ ordain and establish
such by-laws and regulations as to them seem
necessary and convenient, for the government of
said society, and the management of their minis-
terial and parochial funds : Provided, such by-laws proviso.
and regulations shall in no wise be contrary to the
constitution and laws of this Commonwealth.
Sec. 2. Be it /mother enacted, That the annual Annual meeting.
meeting of said society, shall be holden on Easter
Monday, at such hour and place, as the Wardens
and Vestry shall notify ancl appoint; an<l at such
annual meeting or meetings, or at some adjourn-
ment thereof, the members of said society shall
choose two Wardeiis, not less than five nor niore *^'"''''°^°*"'*'
than nine Vestrymen, of whom the minister of
said society for tlie time being shall constitute
one, and ex otHcio be moderator, a Treasurer, Clerk,
and other necessary officers, for the management
of the aftairs of said society, who shall continue
in office one year and until others are chosen and
qualified in their stead; also the annual taxes and
assessments of the society sliall and may be voted
and granted, the manner of calling and notifying
meeting*^ of said society, and the duties and au-
thorities of the Wardens and Vestry, and other
522 ST. JOHN'S CH. SUTTON. March 10, 1827.
officers of the society, and the manner in which
vacancies happening t>y death, resignation or oth-
erwise shall be supplied, shall and may be agreed
upon and d<"termined by said society.
Sec. :?. Be it furthf^r enacted, That all gifts,
crants or monies received by said society shall be
flifts, i-c. direc- under the direction of the Wardens and Vestry
for the time being, agreeably to the usages of the
said Epis'opal Church.
Sec. 4. Be it further enacted. That the Treas-
TreasurertoKive urer of said society shall give bond with sureties
utj, c.^^ ^1^^ satisfaction of the VVardens and Vestry for
tl e faithfid perlormanre of his duties, in such pe-
n;«l s"im as the said VVardens and Vestiy shall
determine, and shall receive all monies, subscrip-
tions, donations and securities for real or personal
estate, that may hereafter be given, raised or sub-
scribed for the use of said society, and shall have
the custody of leases and other written evidence
of contracts and d^^bts due to them, and he shall
annually, and wherever required by the Wardens
and Vestry, exhibit to them, to be submitted to the
society, a detailed account of all monies by him
received a« d paid, and of the stale of the funds of
the society.
Deeds.^c. Sec. I). Be it further enacted. That deeds and
conveyances agreed upon by the society, shall be
made and executed by tUe Treasurer for the time
being, to which the seal of the society shall be
affixed.
Sec. 6. Be it further enacted. That the said
society, a( any annual meeting, or adjournment
thereof, be, and hereby are empowered and au-
Sr^^e'^*^'""' thoriz^•d, to assess and levy upon the pews of the
Church about to be erected, such sum or sums of
money as may be necessary- to pay the salary of
the minister, and defraymg such other expenses,
as the said society may incur, by reason of any
repairs or additions to said Church, or in support
of the public worship of God, according to the
principles, lights, and usages of the Protestant
ST. JOHN'S CH. SUTTON. March 10, 1827. 523
Episcopal Church ; and all such sums of money as
shall be assessed or paid by virtue of this act, shall
be apportioned according to a valuation thereof,
made by a committee appointed b}' the said society
for that purpose, and recorded in the Clerk's book
of the societ}.
Sec. 7. Be it further enacted^ That if the owner
or owners of any pew or pews in said Church shall
nejilect or refuse to pa}' such sum or sums, as may
be assessed on such pew or pews, six months after
notice of such assessment, the said society are
hereby authorized to sell such new or pews at A"*'"":*«^'1*7*:"
. .. "^ II pews m certain
public auction, by e^iving; three weeks previous '^*''^*-
notice of the time and place of sale in one of the
Newspapers published in the County of Worces-
ter, and the money arisinaj from such sale, after
first deducting the assessment due on such pew or
pews, and the expenses of sale and collection,
shall be lodged in the hands of the Treasurer of
said society, to be paid by him to such delinquent
owner or owners on demand.
Sec. 8. Be it further enacted^ That any person,
who shall become owner of any pew or pews in owners.
said Church, shall be deemed and become a mem-
ber of said society, and at all meetings of said
society, any member or members, thereof being
owners of a pew or pews aforesaid, shall be entitled
to as many votes as the number of pews he or they „ .
shall own in said society, and no more; and every
other person wlio may become a member of said
society, agreeably to the provisions of lav/, and is
not at the same time the owner of a pew as afore-
said, shall be entitled to one vote only.
Sec. 9. Be it further enacted^ That no assess-
ment on the pews of said Church, for any of the Aspessmentshow
purposes aloresaid> as mentioned m the sixth sec-
tion of this act, shall be valid or binding, unless
two thirds of the votes of all the pew proprietors
in said Church shall be in favour of such assess-
ment, allowing one vote to every pew, and any
owner or owners of a pew or pews as aforesaid,
cers, ^c.
524 FALL RIVER BANK. March 10, 1827.
shall, at all meetings of said society, be allowed to
vote by proxy.
Sec. 10. Be it further enacted That all deeds of
pews in the Church which may be executed by the
said society, shall be recorded, within three months
Deeds to be re ^^^^^ ^^^ Same are executed, in the books of the
corded, ire. Clerk of said society, and need not be recorded in
the office of the Town Clerk or Register of Deeds
in the County.
Sec. 1 1. Be it further e?iacted. That any Justice
of the Peace for the County of Worcester is hereby
authorized, upon application of either of the per-
sons named in this act, to issue his warrant, requir-
ing such person applying aforesaid to notify a
meeting of the members of said society, at such
convenient time and place, as shall be appointed
in said warrant, for the election of such officers,
Election of offi- aud transacting such other business as may be ne-
cessary for the due organization of said society.
Sec. 12. Be it further enacted^ That this act
may be altered, amended or repealed, at any time
hereafter, at the pleasure of the Legislature.
[Approved by the Governor, March 10, 1827.
CHAP. CXXV.
An Act in addition to an act, entitled, " an Act to
incorporate the President, Directors, and Com-
pany of the Fall River Bank."
Sec. I. Be it enacted by the Senate and House
of Representatives in General Court assembled^ and
by the authority of the same, That the President,
Directors and Company of the Fall River Bank.
be, and they hereby are authorized and empowered
to increase their present capital stock, by an addi-
WARE V. xMEET. HOU. COR. March 10, 1827. 525
tion of one hundred thousand dollars thereto, in Additional stock.
shares ot one hundred dollars each, which shall be
paid in, in gold and silver, in such instalments, and
at such times, and shall be so disposed of, as a ma-
jority of stockholders, at any legal meeting, may
direct and determine : Provided hotvever, that the proviso.
whole amount t-hereof shall be paid in, within one
year from the passing of this act.
Sec. 2. Be it further enacted. That the additional
stock aforesaid shall be subject to the like tax, Liability.
regulations, restrictions and provisions as the capi-
tal stock of said corporation is now liable to by vir-
tue of the act to which this is in addition.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXVI.
An Act to establish the Ware Village Meeting
House Corporation.
Sec. 1. 13 Ei; enacted by the Senate and House
of Representatives in Gejieral Court assembled^
and by the authority of the same^'Thdit Homer Bart- Persons incorpo
lett, Joel Rice, Samuel Phelps, Alpheus Demond,'^'"**'
and William Paige, with such others as hereafter
may be associated with them, and their succes-
sors, be, and they hereby are made a body politic,
by the name of '" The Ware Village Meeting
House Corporation," and by that name may sueMaysncfrc
and be sued, have a common seal and the same
alter at pleasure, and may make and ordain such
rules and regulations as are not contrary to the
Constitution and laws of this Commonwealth, and
to choose such officers as the good management
of said body corporate may at alF times require.
Sec. 2. Be it further enacted^ That the said
526
FRANKLIN BANK.
First meetino
March 10, 1827.
Corporation is authorized to have, hold and pos-
sess, real estate in the town of Ware, not exceed-
ing in value the sum of ten thousand dollars.
Sec. 3. Be it further enacted, That the first meet-
ing of said Corporation shall be convened by a
warrant to be issued by any Justice of the Peace
for the county of Hampshire, directed to an} mem-
ber of said Corporation, requiring him to notify
the members of said Corporation to meet, at a
suitable time and place, to be appointed in said
warrant.
Sec. 4. Be it further enacted, That this act may
be altered, amended or repealed, at the discretion
of the Legislature.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXVH.
An Act increasing the Capital Stock of the Frank-
lin Bank.
Sec. 1. JlSE it enacted by the Senate and House
of Representatives in General Court assemlled,
and by the authority of the same, That the Frank-
lin Bank be, and hereby are authorized to increase
their present Capital Stock by an addition thereto
Additional stock, of fifty thousand dollars, in shaies of one hundred
dollars each, which shall be paid in, in such instal-
ments and at such times, and shall be so disposed
of, as a majority of the stockholders at any legal
provito. meetmg may direct and determine ; Provided how-
ever^ that the whole amount thereof shall be paid
in within one y-ear from the passing of this act.
Sec. 2. Be it further enacted. That the addition-
Liabiiity. al stock aforesaid shall be subject to the like tax,
METH. EP. SOC. IN WEYM. March 10, 1827. 527
reo;ulations, restrictions and provisions, as the cap-
ital stock of said Corporatioji is now liable to by
virtue of this act.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXVIII.
An Act to incorporate the Trustres of ihe Metho-
dist Episcopal Society in Weymouth.
Sec. 1. MjK it enacted by the Senate and House
of Bepresentatives, in General Court assembled.,
aad by the authority of the same, That Alvah Hay-PY^ons incoim-
mond, WiUiain Rice, Urban Rice, Nathaniel Ford,
Joseph Dunbar, Cotton Bates and Stephen French,
Jun. all of Weymouth, in the county of Norfolk,
be, and they are here'^y constituted a bod}^ corpo-
rate and politic, by the name cf the Trustees of
the Methodist Episco al Church in Weymouth,
for the promotion of pif'ty, reliijjion and morality ;
an<l they and their successors shall be, and con-
tinue a body politic and corporate, by that name
forever; and they shall have a common seal, sub- common seai.^c.
ject to be altered at their pleasure, and they may
sue and be sued in all actions, real, personal and
mixed, and may prosecute and defend the same
to final judgment and execution, by the name
aforesaid.
Sec 2. Be it further enacted. That the afore-
said Trustees and their successors, siiall and may
annually t4ect a President, and a Secretary to re- Elect officers.
cord 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 ne-
cessary for the managujg ot their business; and
66
528
METH. EP. SOC. IN WEYM. J\^arch 10, 1827,
Number of Trus
tees, quorum, ^■c
Capable to hold,
Gifts, 4-c.
Pfovistt.
they may make rules, regulations and by-laws not
repugnant to the Constitution and laws of this Com-
monweahh.
Sec. 3. Be it further enacted, That, the number
of Trustees siiail not, at any time, be more than
nine nor less than five, a majority of whom shall
constitute a quorum for transacting business ; and
they may and shall, from time to time, fill up va-
cancies in their number, which may happen by
death, resignation or otherwise, as hereinafter pro-
vided ; and such Trustees shall annually hold a
meeting in JMarch 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.
Sec. 4. Be it further enacted, That the afore-
said Trustees, and their successors, are hereby
made capable in law to possess and hold all the
property, both real and personal, belonging to the
Methodist Episcopal Society in the town of Wey-
mouth, in trust forever for the use and benefit of
the members, for the sole purpose of promoting
the public worship of Almighty God, and in further
trust and confidence that whenever one or more
of said Trustees shall die, or from any cause cease
to be a member or members of said Corporation,
then, and in that case, the vacancy shall be sup-
plied according to the directions given in the dis-
cipline of said Church.
Sec. 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 succes-
sors, shall be valid and effectual to all intents and
purposes, whatever; and they are hereby empow-
ered to hold real and personal estate, (the annual
income of which shall not exceed two thousand
dollars :) Provided, thdt. the entire income be strict-
ly appropriated to promote the objects of this Cor-
poration, and also that gifts, grants, or donations
be fa Hjfully applied according to the real intent of
the donor.
CFTANGE OF NAMES. March 10, 1827. 529
^Ec. 6. Be it further enacted. That all deeds and Deeds, .^c.
ins<rurnents, which the said Trustees may lawful-
ly make, in their said capacity, shall, when made
in their name, and sianed and sealed with their cor-
porate seal, and delivered by them, be binding on
said Trustees and their successors and valid in
law.
Sec. 7. Be it further enacted, That said Cor-
poration is hereby vested with all the powers, ^ower, ^-c.
rights, and privileges granted to other religious
Corporations in this Commonwealth, by their acts
in relation thereto.
Sec. 8. Be it further enacted. That Alvah Ray-
mond, before named, be, and he is hereb}' authoriz-
ed to appoint tlie time and place for holding the
first meeting of said Trustees, and to notify them First meeting
thereof.
Sec. 9. Be it further enacted. That this act may
be altered, amended or repealed at the pleasure of
the Legislature.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXIX.
An Act to change the Names of the several Per-
sons therein described.
JcJE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That from and
after the passing of this act, the several persons
herein named, shall be known and called by the
names they are hereby respectively allowed to
assume, viz : That Henry Adams, merchant, may Names cuanged,
take the name of Henry Fosdic Adams ; that
Dan Aldrich, may take the name of Lyman Dan
530 CHANGE OF NAMES. March 10, 1827.
Aldrich ; that Thoma« Bates, bouse carpenter, may
take the name of Thomas Lathrop Bates; that
J(*hn Bhike, may take the name of John Harrison
Blake; that Nancy Pierce Blanchard, may take
the name of Ann Isabel Blanchard ; that William
H. Blanchard, njay take the name of Henry Co-
nynsham de Boies ; that James Carney, may take
the name of James George Carney; that Alvar
Carter, may take the name of James Wilder Car-
ter; that Charles Coolidge, may take the name of
Charles Leonard Coolidiije; that Mar}^ Crooker,
may take the name of Mary Young, and that her son
Charles Turner Crooker, n»ay take the name of
Charles Turner Young; that Hatch Little, njay
take the name of Henry Hatch Little; that Henry
Jones, may take the name of Henry Augustus
Jones; that John Godfrey Schwab, may take the
name of Johd Godfrey Stanville; that Enoch Sils-
bv, Jr may take the name of George Enoch Silsby ;
that George Thomas, may take the name of George
Priest Thomas; that Hugh Welsh, ma}' take the
name of Henry Welsh ; that George West, may
tiike the name of George Frederick West; that
Albert Judd. may take tl>e name of Albert Judd
Wright; that Gardner Chandler, may take the
name of his father Gardner Leonard Chandler; that
Rufus Stillman Dodjie, may take the name of
Stillman Doflge ; — all of the City of Boston, in the
County of Sufiblk ; — that George Archer, the third,
may take the name of George Beckford Archer;
that Edward Brooks, may take the name of Fdward
Howes Brooks; that Caroline Augusta Ahbot, may
take the name of Caroline Abbot Putnam; that
David Putnam Abbot, may take the name of David
Abbot Putnam; that Sarah Putnam Abbot, may
Uke the name of Sarah Abbot Putnam ; that Enoch
Morris, may take the name of William Micklefield ;
that John Prince, the fourth, merchant, may take
the name of John G. Prince; that SamuelKnap,
may t;)ke the name of Samuel Hooper Knap; that
Andrew Morgan, Jr. may take the name of Andrew
CHANGE OF NAMES. Mnrch 10, 1827. .'iSl
Winslow Morgan, — all of Salem ; that Harriet
Church Dodge, of Hamilton, may take the name of
Piiebe Ann Blanchard Faulkner; that Caroline
NorthentI, of Newbury, may take the name of
Carolitie Soffrodini ; that Henry Perkins, of \ew-
buryport, may take the name of Henry Coit Per-
kins; that William Henry Jennis, of Rowley, may
take the name of William Henry Kendall ; that
Ezra Worthen Gale, of Amesbury, may the name
of Ezra Worthen, — ail of the County of Essex ; that
Baxter B. Alcock, of Woburn, may take the name
of Baxter B. Otis; that Alvar Alcock, of Maiden,
ma}' take the naiie of Alvar Otis; that Mellen
Chamberlain, of Hopkinton, may take the name of
Henry Mellen Chamberlain ; that Ben Dix, of Gro-
ton, maj' t ke the name of Benjamin Perkins Dix;
that Calvin Dudge, of Groton, may take the name of
Ira Thayer; that Phebe Rice Monson, of Framing-
ham, may take the name of Susan Fiske Monson;
that William Mellen, of Sherburne, may take the
name of William Henry Mel!en,-all of the County of
Middlesex ; — that Eunice Britton, of Western, may-
take the na.ne of Eunice Allen ; that Mary B. Cole,
of Millbury, may take the name of Mary Ann
Burnap ; that James McQuin, of Leicester, may-
take the name of James Jackson ; that Josiah
Whitcomb. Jr. of Leominster, may take the name
ot Alanson Josiah Whitcomb, — all of the County
of Worcester; — that Vestus Haley, of Russell, may
take the name of Vestus Parks; that Charles
Oliver Cyrus Chapin, of Springfield, may take the
name of Charles Chapin; that Pierpont Edwards
Bottom, of Monson, may take the name of Pierpont
Edwards Bates Botham, — all of the County of
Hampden ; — that Sylvanus White, of Chesterfield,
in the County of Hampshire, may take the name
of William Foote White; that Jane Strong, of
Greenfield, in the County of Franklin, may take
the naine of Mary Jane Strong ; that Homer O'Brian,
of Great B \rrin,2;ton, may take the name of John
Homer O'Brian; that Sarah Elizabeth Seymour,
532 FIRST PARISH, MEDFORD. March 10, 1827.
may take the name of Lucretia Elizabeth Newton ;
that Edv/ard Newton Seymour, may take the name
of Edward Seymour Newton, both of Pittsfield ;
that Egbert French, of Great Barrington, may take
the name of Henry Kirke Williams, — all of the
County of Berkshire; — that Sarah Chase, of Rox-
bury, in the County of Norfolk, may take the name
of Sarah Ann Chase ; that Abby Green Norton,
may take the name of Abby Adlington ; that Ed-
mund Green Norton, may take the name of Edmund
Green Adlington ; that Timothy Green Norton,
may take the name of Timothy Gre«'n Adlington;
that Henry Osborn Norton, may take the name of
Heniy Osborn Adlington, — all of Edgartown, in
the County of Dukes' County ; and the several
persons herein named, shall hereafter be called and
known by the names which by this act, they are
respectively allowed to assume as aforesaid, and
the same shall be considered as their only proper
and legal names.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXX.
An Act to establish a Ministerial Fund, for the
support of the Gospel Ministry in the First
Parish in the town of Medford.
Sec. 1. -KE it enacted by the Senate and House
of Represetitatives in General Court assembled, and
Felons incorpo.^y ^^^ authofity of the same. That Jonathan Brooks,
Nathaniel Hale, Turill Tufts, Dudle} Hale, Nathan
Adams, John Symmes, Jr. and Jonathan Porter,
and their successors, never however to exceed
seven at any onetime, which shall form their regu-
lar number, be, and they hereby are incorporated
FUND, F. PARISH, MED. March 10, 1827. 533
into a body politic, by the name of " the Trustees
of the Congregational Ministerial Fund, for the
First Parish in the town of Medford,'- and by that
name nTa}' have perpetual succession ; a common
seal ; sue and be sued, plead and be impleaded,
receive estates, real and personal, by gift, grant, ''^^'''' ^"^
subscription, devise, bequest, or in any other way,
the annual income whereof shall never exceed the
sum of one thousand dollars ; choose their own
officers and define their seveial powers and duties,
and in general enjoy all the legal rights, and be sub-
jected to all the legal liabilities, which belong to
Corporations of a similar character.
Sec 2. Be it further enacted, That said Corpo-
ration shall invest all the property, which it shall
receive as aforesaid, so that the real estates may
yield a fair rent or income, and the whole capital *^^^"^' »nvested
be on interest with ample security for paymer.t;
that it shall continually re-invest or add to the
capital all the rents, income, and interest accruing
from said property, until the same amount to three
hundred dollars annually ; that it shall then ap-
propriate two hundred dollars thereof annually, Appropriation.
towards the payment of the salary of the regularly
settled Congregational Minister of the First Parish
in the town of Medford; that it shall again re-
invest and continually add to the capital all the
residue of said rents, income, and interest until the
whole amount thereof, be four hundred dollars an-
nually ; that it shall then appropriate annually
three hundred dollars thereof towards the payment
of said salary, and re-invest and add to the capital
all the residue, and so on ; always increasing said
annual appropriations towards said salary one hun-
dred dollars, when said rents, inctome and interest
shall have increased one hundred dollars annually,
until said appropriations shall have become one
thousand dollars annually, at which time the in-
crease thereof shall cease, this being the full annual
amount, which the minister is ever to receive from
said tund.
534 FUJVD, F. PARISH, MED. March 10, 1827.
Sec. 3. Be it further enacted, That the oversight
or visitorial power over this Cor]>oration, shall be-
long to said first parish ; that they may, at either
of their regular annual meetings, appoint a com-
mittee consisting of three at least, to look into the
S'r?duly,%cT"tIoings of the trustees, who shall keep books of re-
cords thereof always open to them for that pur-
pose; that this committee may fill all vacancies,
which occur at that board by death, resignation or
otherwise, remove any members therefrom who
shall act illegally or remissly in office, or become
in any way disqualified therefor; and if the}' shall
neglect to fill up these vacancies for the space of
three months after they occur, the Corporation
may itself do it ; that they shall receive from said
Corporation, and pay over to the minister, the ap-
propriations aforesaid, as they arise; and if the
whole amount of said rents, income and interest
shall ever be more than one thousand dollars an-
nually, the surplus thereof, they may receive, and
shall appropriate towards the improvement of
church music in said parish, or they may apply it
to other parochial charges, if they shall think pro-
proviso. ppj. . Provided, however, that the Corporation shall
never pay over to said committee nor to said
parish any one of the appropriations above men-
tioned, until they know that the appropriations,
whicli they have before paid ovf r for the minister,
Proviso, have been actually received by him : Jlnd provided,
also, that it shall not be in the power of said cor-
poration and parish, or either of tht.m, in any way,
to apply said proceeds, or said rents, income and
interest, or any part thereof, to the support of any
other than a regularly ordained and settled Con-
gregational Minister; and if the corporation and
parish, shall ever thus illegally appropriate the same
designedly, the whole property constituting the
fund, an<l all the estates, real and personal, belong-
ng thereto, together with the rents, income and
interest, w^hich may have been added to them,
shall revert to and become again the property of
MEGHAN. & TRAD. BANK. March 10, 1827. 535
llie original donors, or their lieirs, to be divided
between them in fair proj)ortions; and duiin^ the
times when there i«^ no such tninister >ettled in
said parish, the Corporation shall re-invest and add
to the capital all the rents, income and interest in
the manne)' before described.
Sec. 4. Be it further enacted^ That the pro-
visions of this act may be amended or repealed at
the pleasure of any future Legislature.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXXI.
An Act to incorporate the President, Directors
and Company of the Mechanics and traders
Bank.
Sec. 1. t^E it enacted by the Senate and House
of Representatives in General Court assembled, and
by the authority oj the sam^^ That David Bobbins, persons incorpo,
Joseph Cloutman, Thomas Needfiam, William"*" '
Foye, Perley Putnam. W illiam Ropes, Junior, their
associates, suc( essors and assijnjns be, and they
hereby are, created a corporation by the name of
the President, Directors and Company of the
Mechanics and Traders Bank, and shall so continue
from the passage of this act, until the first Monday
of October, which will be in the year of our 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 ro 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
67
536 MECHAN. & TRAD. BANK. March 10, 1827.
fully and effectually, as if the several sections of
the said act were herein specially recited and
Proviso. enacted : Provided, however^ That the amount of
bills issued from said Bank at any one time shall
not exceed the amount of Capital Stock actually
paid in.
Capital stock,4c. Sec. 2. Bc it further enttcted. That the Capital
Stock of said corporation shall consist of the sum
of two hundred thousand dollars in «;old and silver,
to be, besides such part as this Commonwealth
may subscribe in the manner hereafter mention-
ed, divided into shares of one hundred dollars each,
which shall be paid in at such times as the stock-
holders may direct, fifty per centum however to be
paid in on or before the first day of July next, and
the residue within one year from the passina; of this
act ; and no dividend shall be declared on the Cap-
ital Stock of said Bank, until the whole of said
stock shall have been paid in conformably to the
provisions of this act; and the stockholders, at
their first meeting, shall, by a majority of votes,
determine the mode of transferring and disposing
of said stock, and the profits thereof, which being
entered in the books of said corporation, shall be
binding on the stockholders, their successors and
assigns, until they shall otherwise det(;rmine; and
the said corporation are hereby made capable in
law to have, hold, purchase, receive, possess, enjoy
May hold estate, and retain to them, their successors and assigns,
lands tenements and hereditaments, to the amount
of twenty thousand dollars and no more, at any one
time, with power to bargain, sell, dispose and con-
vey the same by deed, under the seal of said
corporation, and signed by the President, or two
of the Directors ; and to loan and negotiate their
monies and effects, by discounting on banking
principles, on such securities as they may think
Proviso. advisable: Provided, however, li\\2k\.\\o{\\ms,heYi^'\n
contained, shall restrain or prevent said Corpora-
tion from taking and holding real estate in mort-
gage, or on execution, to any amount, as secu-
MKCHAN. &TRAD. BANK. March 10, 1027. 537
rity for, or in payment of, any debts due to the
said Corporation: ^^nd provided, further, That^'""""
no monies sliall be loaned, or discounts made, nor
shall any bills or promissory notes be issued from
said Bank, until the Capital Stock subscribed, and
actually p-aid in, and existing in gold and silver, in
the vaults, shall amount to titty thousand dollars,
nor until said Capital Stock actually in said vaults
shall have been inspected and examined by three
Commissioners to be appointed by the Governor
for that purpose, whose duty it shall be, at ihe ex-
pense of the Corporation, to examine the monies
actually existing in said vaults, and to ascertain b}"
the oath of the Directois of said Bank, or a majori-
ty of them, tUat said Capital Stock hath been bona
fide paid in by the stockholders of said Bank, and
towards paymeiit of tiieir respective shares, and
not for an\ other |)urpose, and that it is intended
therein to remain as a part of said Capital, and to re-
turn a certificate thereof to the Governor; and no
stockholder shall be allowed to borrow any money
of said Bank until he shall have paid in his I'ull pro-
portion of the whole of said ('apital Stock, as
herein before provided and required.
Sec. 3. Be it further enacted, That the said
Bank sliall be established and kept in vSalem ; and Directors, ^je,
the whole number of Directors^ shall be nine, all
of whom shall be resident in the County of Essex,
and a majority of the board shall be inhabitants of
said town ; and no loan or discount shall be made,
nor shall any bill or note be issued by the said
Corporation, or by any person on their account, in
any other place than at the said Bank.
Sec 4. Be it further enacted, That whenever
the Legislature shall require it, said Corporation
shall loan to the Commonwealth any sum of money moweauh.^**'"
which shall be required, not exceeding ten per
centum of the Capital Stock actually paid in, at
any one time, reimbursable by five annual instal-
ments, or any shorter time at the election. of the
Commonwealth, with the annual payment of inter-
538 MEGHAN. & TRAD. BANK. March 10, 1 827
est at a rate not exceeding five per centum per
Proviso. annum: Provided, however. That the (Common-
wealth shall never stand indebted to said Corpora-
tion, without their consent, for a larjy[;er sum than
twenty per centum of their v'apital thin paid in.
Skc. 5. Be it farther enacted, Tliat tfie persons
herein before named, or any three of them, are
authorized to call a meetinjj of the members and
Meeting for ma- • i /-i •
king by-iaws,«-c. stockholders or said Corporation, as soon as may
be, at such time and place as they may see tit to
appoint, by advertisini>; the same in tvvo Newspa-
pers, printed in Salenr , for the piu'pose of making;,
ordaining and establishing such t)y-laws and regu-
lations for the orderly conducting the affairs of
said Corporation, as the stockholders shall deem
iToviso. necessary : Provided, the same be not repugnant
to the constitution and laws of this Commonwealth.
Sec. 6. Beit fur* her enacted. That the Common-
wealth shall have a right, whenever the Legisla-
commonweaith ^ure sliall make provision therefor by law, to
tosubscribe. subscribe, on account of the Commonwealth, a sum
not exceeding one half of the Capital Stock actual-
ly paid in, to be adiled 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.
Sec. 7. Be it further enacted, That whenever
the Commonwealth shall subscribe to the Ca ital
Stock of said Corporation, in minner herein before
provided for, in addition to the Directors by law
to be chosen by the stockholders, the Legislature
shall have the right from time to time to appoint
Legisiatureto ^ uumbcr of Dircctors to said Bank, in proportion
appoint directors as thc sutti paid, from the Treasury of the Com-
monwealth, shall be to the whole amount of stock
actually paid into said Bank, if at any time here-
after they shall see fit to exercise that right.
Sec. 8. Be it further enacted, That the Cashier
of said Bank,before he enters upon the duties of his
cashiar to give ^^^^^*^» shall givc boud with sureties to the satisfac-
^"'' (ion of the board of Directors, in a sum not less
MEGHAN. & TRAD. BANK. March 10, 1827. 539
than twenty thousand dollars, with conditions for
the fait lifiil jjischarge of the duties of his oflice.
Sec. w. Be it further enacted,, That the said
corporation, from and after the first day of October
next, sliall pay by way of tax to the Treasurer of Tax.
this Commonwealth for the use of the same, within
ten days after the first Monday of October and
April annuall} , the half of one per centum on the
amount of stock which shall have been actually
paid in.
8ec. 10. Be it further enacted, That the said
corporation shall be liable to pay any bona fide
hohler, the oriirinal amount of any note of said
Bank, counterfeited or altered in the course of its
circulation to a larger amount, notwithstanding Liable to pay,4c.
such alteration ; and shall also be holden to pay to
any bona fide holder the amount of any note of
said Bank counterfeited, unless all the notes actu-
ally issued by said corporation shall be printed or
impressed with the stereotype plate ; and that said
corporation shall not at any place whatever, direct-
ly or indirectly, purchase, receive, pay or exchange
any bill or note of said Bank, or of 3ny other Bank
incorporated within this Commonwealth, for any
less sum than the nominal value, expressed in such
bill or note.
Sec. I 1. Be it further enacted. That in case
this act shall not be put into operation, according This act how
to the provisions thereof, within one year from the'"'**-
time of passing the same, then it shall become void.
Sec. 12. Be it further enacted. That the Capi-
tal Stock of said Bank shall not be sold or trans- Transfers
ferred, but shall be holden by the original subscri-
bers thereto, for and during the term of one } ear
from the passing of this act.
Sec. 13. Be it further enacted. That any com-
mittee specially appointed for that purpose by the
Legislature, shall have a right to examine into the
doings of said corporation, and shall have freeamT.'""^*""^'
access to all their books and vaults ; and if upon
such examination, it shall be found, and after a full
540 CHELSEA AND DEER fSL. March 10, 1827.
hearing of said corporation thereon, be determined
by the Legislature, that the said corporation have
exceeded the powers herein granted them, oi fail-
ed to comply with any of the rules, restrictions or
conditions in this act provided, this act of incor-
poration shall thereupon be declared to be forfeited
and void.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXXIL
Persons author-
ized.
Proviso
Proviso.
An Act to enable certain persons to use the tide
waters between Chelsea and Deer Island for
certain purposes.
-OE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That Robert
Gerry of xMalden, and Abel Bayrd of South Read-
ing, in the County of Middlesex, with such others
as may associate with them, and their assigns, be,
and they are hereby authorized to use the tide
waters in Boston Harbour, between Chelsea and
Deer Island, at a place called Point Shirley Gut,
for the purpose of improving and working a newly
invented Floating Tide Mill, at any such place or
places in said Gut, as they may from time to time
select therefor : Provided, that they shall at all
times leave sufficient room for vessels, boats and
water craft of all kinds, to navigate the Gut, afore-
said, and that the right to use the waters as afore-
said, shall exist only during the pleasure of the
Legislature ; ^nd provided, further, that the pro-
prietors of said mill shall first obtain the consent
of the selectmen of the Town of Chelsea, and the
trustees of the Boston Marine Society ; and that
S. BOSTON MILL CORP. March 10, 1827. 541
said society may at all times have the right to
regulate the creation of said mill, or to cause the
same to be removed, as the}^ may think proper.
[Approved by the Governor, March 10, 1827.]
CHAP, cxxxin.
An Act to establish the South Boston Mill Corpo-
ration.
E it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That George
Blake, Francis J. Oliver, Jonathan Hunnevvell, persons incorpo-
Samuel K. Williams, Hall J. How and William '^'^*^"
Wright, their associates, successors and assigns,be,
and they are hereby made a body politic and cor-
porate by the name of the South Boston Mill Cor-
poration, and by that name ma}^ sue and be sued, ^'^^'"^''^'
prosecute and be prosecuted to final judgement
and execution ; and said corporation shall have
power to make and use a common seal, and the
same to break and alter at pleasure, and may from
time to time, make by-laws for the regulation of
the affairs of the corporation: Provided, the same proviso.
be not repugnant to the Constitution and laws of
this Commonwealth ; may purchase and hold real
and personal estate, not exceeding in value two Estate.
hundred thousand dollars, necessary to promote
the objects of the corporation, and in general may
do and suffer all other acts and things, which bo-
dies corporate may or ought to do or suffer, and be
governed in all respects by the laws relative to man-
ufacturing corporations.
Sec. 2. Be it further enacted) That the said„ . ^ .,^
corporation shall have power to build a dam from^^^""- **=•
a place on or near the northerly shore of South
542
S. BOSTON MILL CORP. March 10, 1827.
May cut race
ways, 4'C.
Provjso-
This act how
void.
Koston, commencinoj easterly of the street, which
is the continuation of the Dorchester turnpike, and
extending the same at low water marli, not exceed-
ing in any case, one liundred rods from the shore
or high water mark, in the natural state of the
shore of Sosith Boston, to land of Eleazer Homer,
near the easterly point of the shore of South Bos-
ton, or to any intermediate [)oint, wliich dam shall
not be lessfhan ten feet wide on the top, and so
made as effectually to exclude the tide water, and
to form a reservoir or empty basin of such por-
tion of the space between the dam and the shore,
as they shall see fit, with all sluice ways, gates i.nd
other things to admit and detain the tide waters
for the purpose of obtaining water power, and for
all manufacturing and for no other purposes ;
and the said corporation may cut any number of
convenient race ways from their full basin to the
empty basin aforesaid ; may maintain and keep up
all their said works forever, ai d may lease or sell
the right of using the water detained within said
dam and upon any terms, and in any manner they
may think proper; and no person shall have a
right to dispose of said water without the consent
of said corporation : Provided^ a/ways^ tliat before
building said dam, said corporation shall obtain t;.e
consent of all persons and corporations owning
the ffats to be included under and within tne
same, and also of the City of Boston for the
including of any flats, to which they have any legal
rights, and provided that nothing in this act shall
be taken or deemed as enlarging the rights of said
proprietors of said up'and, or of the corporation in
relation to said flats or the upland, in any respect
whatsoever beyond the rights of said proprietors, as
they existed antecedently to the passing of this act.
Sec. 3. Be it further enacted. That if said Cor-
poration shall not, within the term of five years
from the passing of this act, ui«dertake the erection
of either of said dams, then this act shall be void.
Sec. 4. Be it further enacted. That said Corpo-
ration shall be subject to all the duties and liabili-
AMERICAN BANK. March 10, 1827. 543
ties, and have all the rijrhts prescribed in " an act
defininjr the ijeneral powers and (hities of Manu-
factiirinsj Corporations," and the several acts in
addition thereto.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXXIV.
An Act in addition to an Act to incorporate the
President, Directors and Company of the Amer-
ican Bank.
Sec. 1. oE it enacted by the Senate and H^mw
of Representatives in General Com t assembled,
and by the authority of the same, That the Presi-
dent, Directors, and Company of the American
Bank be, ?nd thev hereb\^ are authorized and em-
powered to increase tiieir present capital stock, stock,
by an ad'lition of two hundred and fifty thousand
dollars theieto, in shares of one hundred dollars
each, which shall be paid in, in such instalments,
and at such times, as the President and Directors
of said Bank may direct and determine : Frovided,^''°^^^°'
however, that the whole amount shall be paid in
within one ) ear from the passing of this act.
Sfx. 2. Be it further enacted^ That the additional
stock aforesaid shall be subject to the like tax, re-*^^*'^*
gulations, restrictions and provisions as the present
capital stock of said corporation is now holden by
virtue of the act to which is this in addition.
May increaaj
[Approved by the Governor, March 10, 1827.]
68
Clerk and Com-
544 STATE PRISON. March 10, 1827.
CHAP. CXXXV.
An Act in addition to the several Acts for the gov-
ernment and regulation of the State Prison, and
defining the powers and duties of the officers
of the same.
Sec. 1. JjE it enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same. That in addi-
tion to the officers of the State Prison who are
now by law to be appointed by the (lovernor and
Council, there shall be a[)pointed, in like manner,
some suitable person, to be Clerk and Commissary
of said Prison, who shall do and perform all the
duties which heretofore have been done and
m^ssary's duty, p^^rformed by the Clerk and Commissary of said
Prison, and such other duties as shall from time to
time be assi^ued to him bylaw, and the said Cleik
and Comnissary shall hold hi'j office tor the term
of four years unless sooner removed by the Exec-
utive for the time being, and shall be en itled to
receive as compensation for all services by him
rendered, such sum, not exceeding in any case, one
th(^us;ind dollars per annum, payable quarterly, as
the Directors may order; and shall not be entitled
to any other perquisite or emolument whatever ;
and so much of any law as authorizes the appoint-
ment by the Directors, of any offii er, agent, or
servant of said prison, shall cease to have effect,
and the same shall be and hereby is repealed. And
all such officers, assents and servants shall be ap-
pointed by the Warden of sjiid prison, by and with
the advice and consent of the Directors for the
^'^°^'^*' time being : Provided, however, that all said offi-
cers, agents and servants, who are in office, shall
cor)tinue tlierein until others are appointed in their
room.
STATE PRISON. March 10. 1827. 545
Sec. 2. Be it further enacted., Tliat any olficer,
agent, or servant of the prison, now or hereafter
appointed, except such as are or may be appointed J^e™"^ '^^ *'"''
and commissioned by the Governor and Council,
may be removed by the Diiectors, upon informa-
tion and complaint of the Warden ; and in case of
a refusal of the Directors to remove any officer,
agent or servant, upon information or complaint as
aforesaid, the Warden may appeal to the (Governor
and Council, who are hereby authorized and em-
powered to make such removal.
Sec :i. Be it further enacted. That all orders orders.
b} the directors for the regulation and manage-
ment of the affairs, officers, agents or servants of
the prison, or of the convicts confined therein, shall
be given in writing to the warden, and in his ab-
sence to the keeper, who shall cause the same to
be executed.
Sec. 4. Re it further enacted, That when sealed sealed tenders.
tenders shall be received to supply any of the arti-
cles provided for by an Act passed on the tvventy
second day of February, A. D. 1822, entitled "• an
Act for regulating the supplies of food and other
articles for the State Prison, and for letting by
contract the labour of the convicts," the Directors
shall accept the lowest offer therefor, unless they
shall find that no offer is so low as the market
price of the article wanted ; in \vhich case they
shall have power to reject the lowest offer; and
the Warden,by and with the advice and consent of
the Directors, shall proceed to make a contract for
the articles wanteil, in the best manner for the in-
terest of the Commonwealth : Provided, that iti''^oviso.
shall f e the duty of the Directors to cause to be
recorded all the proposals which they may receive
for the supply of any article.
Sec. 5. Be it further enacted. That all acts and
parts of acts, inconsistent with the provisions of Repeal.
this act, be and the same are hereby repealed.
Sec. 6. Be it further enacted, That this act shall
546 JURIS. COURTS PROBATE. March 10, 1827.
take effect from and after the first day of May
next.
Sec. 7. Be it Jurther enacted^ T'lat no officer,
a2;ent,or servant, appointed by the W.rden, by vir-
tue of the provisions of tins act, shall, during; the
Officers employ. ^^^^^ j^^ continues in office, be employed in any
other business for his own emolument than that
which is required of him in the discharge of the
duties of his office.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXXVI.
An Act in addition to an Act entitled " an Act, to
regulate the jurisdiction and proceedings of
Courts of Probate."
JJE it enacted by the Senate and House
of Representatives in General Court assembled^
and by the authority of the same^ That when-
ever it shall appear to any Judge of Probate, upon
the petition of any executor, or administrator, that
any debtor to the estate of the deceased testator,
or intestate, is unable to pay the whole debt due
from said debtor to said estate, and that it would
be for the benefit of those interested in said estate,
thai the executor or administrator should com-
pound and settle with said debtor, and discharge
liim from the debt, on his paying a part thereof in
money or otherwise, it shall be lawful for said Judge
E'e'^mcenaiu '*'^' to .authorize aijd empower the executor or admin-
''''^^ istrator to compound and settle with said debtor,
by receiving part ot the debt which may be due
from said debtor, in such way and manner as the
MANU. CORPORATIONS. March 10, 1827. 547
executor or a«Iministrator shall deem to be most
beneficial to those interested in said estate.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXXVII.
An Act in addition to the sev<^ral Acts respecting
the g;eneral powers and duties ot'Manutacturiiig
Corporations.
Sec. 1 . U E it enacted by the Senate and Hflusa
of Representatives in Grneral Court assembled^
and by the authority of the. same. That no nieaihtr
of any Manufactnrino Corporation, and no person
who shall have been such member at the time
when an}'^ debt may have been contracted by such
corporation, or the time when any debt sc con-
tracted may have accrued, sliall hereafter be liable
in his individual capacity for any j'uch debt, unless ["y^''''^"*^ "^''"'
a suit shall have been commenced therefor, and
prosecuted against such corporation, within one
year after such debt shall have become due, and
unless a suit therefor shall be commenced against
such person, having been a member as aforesaid,
within one year after he shall have ceased to be a
member.
Sec. 2. Be it further enacted, That any member
of such corporation, or any person having been a
member as aforesaid, whose real or personal estate
shall have been levied upon for the payment of
any debt of such corporation, or who shall have
paid any such debt on execution, shall have his '^«'»''«"<?^aYe
r , J , ' actions at law»
action at law m any court proper to try the same,
or a bill in equity in the Supreme Judicial Court,
for contribution, against the other mernb* rs of such
corporation, and persons having been members as
aforesaid -, but the damages iu all such actions for
§48
MANU. CORPORATIONS. March 10, 1827.
Adoption, ^c.
iProvifia.
Troviso.
Executors; ^c.
not liable.
contribution shall be estimated according to the
principles of Courts of Equity, or such member
or person having neen a member as aforesaid, so
paying any debts of such corporation, may, at his
election, have his action at law against such corpo-
ration.
Sec 3. Be it further enacted^ That any such
corporation already established may, by a vote at a
legal meeting, adopt the provisions of this act,
which shall thence forward be deemed and taken
to be a part of its act of incorporation, any tiling
in such act of incorporation, or in the laws of
this Commonwealth, to the contrary notwith-
standing: Provided, always, that such corporation
so adopting this act, shall give notice thereof
by publishing an attested copy of such vote, to-
gether with this act, in one or more of the news-
papers of the City of Boston, in which the laws of
the Commonwealth shall for the time being be
published, and also in one or more of the news-
papers of the town or county where such corpo-
ration may have its manufacturing establishments
erected ; and in case no newspaper shall be pub-
lished in such county, then the publicalion herein
last required, shall be made in one or more news-
jmpers of the nearest county thereto, in which, at
such time, there may be a newspaper |)ublished :
*^nd provided, also, that such adoption of this act,
sh ill not be construed to afFecf any liabilities ex-
isting at the time of such adoption.
Sec. 4. Be it further enacted. That the pro-
visions of the several acts to which this is in addi-
tion, shall not be construed to render personally
liable for the debts of such corporation, any per-
sons holding stock therein, as executors, adminis-
trators, guardians or trustees, nor any persons hold-
ing such stock as collateral security for any bonajide
debt, but the persons, pledging such stock as col-
lateral security, shall be subject to the liabilities to
which members of such corporation may by law be
subject, and the persons so pledging such stock,
HADLEY FALLS CO. March 10, 1827. 549
shall also be deemed and taken to be members of
such corporation, for the pur|)OS('S of voting and- -
transactinij business at any meeting of such corpo-
tion, in like manner as if such stock had not been
so pledged.
Sec. 5. Be it further enacted. That the several
acts to which this is in addition, so far as the same
may be inconsistent with the provisions of this act,
shall cease, and be of no eflfeci, except in respect
to such corporations now established as shall not
adopt this act, in the manner herein provided.
[Approved by the Governor, March 10, 1827.]
CHAP, cxxxvm.
An Act to incorporate the Hadley Falls Company.
Sec. 1. oF «' enacted by the Seriate and House
of Representatives^ in General Court assembled,
and bij the authority of the same. That Johnr'aTed
Chapin, Stephen Chapin, Warren (hapin, and Al-
fred Smith, together with such other persons as
shall become associates with them, their successors
and assigns, be and they hereby are made a corpo-
ration, by the name of the Hadley Falls Com-
pany, for the purpose of manufacturing cotton and
woolen goods, grain, wood, iron and other metals,
in the town of West Springfield, in the county of
Hampden, and for that purpose shall have all the
powers and privileges, and shall be subject to all
the duties and requirements, contained in an act,
passed on the third day of i\Jarrh, in the year of
our Lord one thousand eight hundred and nine,
entitled " an Act defining the general powers and
duties of Manufacturing Corporations," arid the
several acts in addition thereto.
Sec. 2. Be it further enacted. That the said
corporation may hold and possess such real arid Estate
Persons iircflTj*-
550 CHARITY, EDW. HOPKINS. March 10, 1827.
personal estate, not ex eedins in the whole the
sum of thirty-six tJ.ousand dollars in vahie, as may
be necessary and convenient for the purposes
aforesaid.
Sec. 3. Be it further enacted. That any one of
the persons named in this act, be, and either of
First meeting. Said peisons is, hereby authorized, to appoint the
time and place for holding; the first meetmo; of said
corporation, giving tei. days notice thereof to the
others, either in person or by writing, any thing in
the act aforesaid, defining the general powers and
duties of maniifi'cturing corporations, to the con-
trary notwithstanding.
[Approved by the Governor, March 10, 1827.]
CHAP. CXXXIX.
An Act to incorporate the Trustees for perpetuat-
ing the Charity of Edward Hopkins.
Sec. 1. Be 27 enacted by the Senate and House
of representatives in General Court assembled, and
by the authority of the same. That John Quincy
g«»«n« *n«°'^p°- Adams, William E. CJhanning, Samuel A. Eliot,
Thomas B. Gannett, John C. Gray, Benjamin Guild,
Levi Hedge, Stephen Higginson, Jr. Abiel Holmes,
John T. Kirkland, Charles Lowell, Isaac Parker,
John Pierce, William Phillips, Andrew Ritchie,
Asahel Stearns, Peter O- Thacher, Henry Ware,
and William Wells, the present trustees, under a
decree of the High Court of Chancery of Great
Britain, for perpetuating the Charity of the Hon-
ourable Edward Hopkins, of Harvard College, be,
and they hereby are incorporated and made a body
politic, by the name of the Trustees of the Charity
of Edward Hopkins ; and they, and their successors,
shall be, and continue a body politic and corporate,
CHARITY, EDW. HOPKINS. March 10, 1827. 551
by that name forever, and shall have and exercise
all the powers and privileges, and be subject to all
the duties and liabilities, incident to corporations.
Sec. 2. Be it fiirllier enacted,, That the said
corporation shall never consist of more than Ivven-
ly-one trustees, seven of whom, including the presi- J^e^'q'onU^*^''"
dent, or clerk, or other person having legal posses- ''"^^'^^*
si )n of the records, shall constitutes a quorum ; and
sh^ll have power to appoint all such officers, and
make and ordain all such by-laws and regulations
(not inconsistent with the Constitution and laws of
this Commonwealth,) as may be deemed needful in
relation to the organization of the said corporation,
the time and manner of calling meetings, the elec-
tion, qualification and duty of its officers, the ap-
pointment and removal of trustees, and generally,
as to the management of all the concerns of said
trust, in conformity to the will of the said Edward
Hopkins; and the clerk or secretary of said corpo-cierkspowei',
ration, appointed pursuant to the by-laws thereof,
being duly sworn before any Justice of the Peace,
shall have the same authority and power to au-
thenticate by his attestation or certificate all the
records, votes and proceedings of the said corpo-
ration, that town clerks have in relation to the re-
cords, votes and proceedings of their towns ; and
the doings and proceedings of the said corpora-
tion, authenticated by the clerk or secretary thereof,
shall be used and received in evidence in the same
manner as the doings and ])roceedings of towns
authenticated by the clerks thereof.
Sec. 3. Be it further enacted,, That all the
estate and property, both real and personal, with all Estate:
the rights, credits and choses in action, belonging,
or in any way appertaining to the said trustees be-
fore the passing of this act, with all the remedies
for the recovery of the same, shall belong to, and
be absolutely vested in the said corporation, to all
intents and purposes; and the said corporation
shall also be subject to all the obligations, duties
and liabilities of the said trustees : Provided, how-^'^°^'^^
G9
Psovis*,
S52 CHARITY, EDW. HOPKINS. March 10, 1827
ever, that all actions that may be now pending in
ariv court, either in favour of, or a<>;ainst the sa d
trustees, shall be proceeded in, prosecuted, de-
fended and determined, in the same manner, and
tfie respective parties tliereto, shall have and ex-
ercise the same rig;hts, remedies and privileg s,
and be sul)ject to the same duties and liabihties, as
if this act had not been passed.
Sec. 4. Be it further enacted. That all and sin-
gular the acts and proceedings of the said trustees,
in the management and execution of the said trust,
according to the will of the said Edward Hopkins,
and the remaining records thereof, he, and the
same are hereby established, confirmed and made
valiri, to all intents and purposes, notwithstanding
the destruction of the said rec ords : Pfwidedf
nevertheless, that tliis confirmation of the doings of
the said trustees shall liot operate, or be construed
to defeat, dimmish, or in any m ay impair the just
rights of any other person or {)ersons whom-
soever.
Sec. .5. Be it further enacted. That this act, so
far as relates to the necessity of pleading the
same by the said corporation, or any other person
whomsoever, shall be taken and deemed, in all
judicial proceedings, to be a public act.
Sec. 6. Be it further enacted. That this act
shall be suljject to be repealed or modified at any
future time by the Legislature.
Sec. 7. Be it further enacted. That whenever
Actions, becun- ^^^^ trustees snail commence an action, before any
Justice of the Peace or Court in tiiis Common-
wealth, such Justice or Court shall, on motion of
the adverse party, in said action, require said trus-
tees to give sufficient security, by endorsement of
the writ or otherwise, for the payment of any cos^s,
which may be awarded against them in said ction;
and said trustees, unless they give such security,
when thereto dulv required, shall become non-suit.
Sec. 8. Be it further enacted. That said Stephen
Fust meeting. Rigginson be authorized to call the first meeting
STAGE COACHES, &c. J\larch 10, 1827. 553
of said trustees, by givino; each of them personal
notice of the time an(i place of meeting, seven
days at least before the same.
[x4pproved by the Governor, March 10, 182^.]
CHAP. CXL.
An Act regulating the Dri\ inpj of Stage Coaches
and other Vehicles for the conveyance ot Pas-
seijgers.
Sec. 1. IjE it enacted by the Senate and House
of Representatives in General Court assembled
and by the authority of the same^ Tliat any driver of
any stage coac fi, or other vehicle for the c onvey-
ance of passengers for hire, who shall, \Nhen any
passenger is within such coach or vehicle, leave
the horses thereof without some suitable person
to take charge and gui lance of such horses, or
without fastening them in a safe and f)rudent man-
ner, shall be liable to indictment therefor, and on
conviction, to be imprisoned for a term not exceed-
ing two months, or to a fine not exceeding fifty
dollars, as the court may onler.
Sec. 2. Be it further enacted., That this act shall
take effect, and be in force, from and after the first
day of June next.
[Approved by the Governor, March 10, 1827]
Liability
554 FOREIGN INS. CO. MarcJi 10, 1827
CHAP. CXLI.
An Act respecting Agencies of Foreign Insurance
Companies established in this Commonwealth.
Sec. 1. JjE 27 enacted by the Senate and House
of Representatives in General Court assembled,
and by the authority of the same, That if any per-
son or association within this Commonwealth, shall
make or renew, or cause to be made or renewed,
directly or indirectly, on the account, or in the be-
half, or as agent of any body politic or corporate,
not within this Commonwealth, or authorized by
a law of this Commonwealth, any contract of insu-
rance, or by way of insurance, with any citizen or
corporation ol this Commonwealth, before said
person or association has left with the Treasurer of
this Commonwealth a true copy of the charter of
the corporation on account of which, or in behalf
of whom, such agent shall act, and a copy of the
letter of attorney, granted him by such corpora-
tion ; every person or association so offending shall
Forfeit. forfeit and pay the sum of five hundred dollars
for every sucli offenee, the one halt to the informer,
the other half to the use of the Commonwealth, to
be recovered l)y action of de!)t.
Sec. 2. Be it further enacted. That it shall be the
Agents duty.^c. duty of cvp'^y agent aforesaid, before making or
renewing any contract of insurance as aforesaid,
and annually thereafter, on the first Monday of
January, to deposit with the Treasurer of this
Commonwealth a statement, signed and sworn to
by a majority of the directors ol the corporation
for which he acts, specifying the amount of its cap-
ital and the manner of its investments, designating
the amount respectively invested in mortgages, in
public securities, in stock of incorporated compa-
nies, stating what companies, and also the amount
invested in other securities, particularizing each
FOREIGN INS. CO. March 10, 1827. 555
item of investment ; and the agent aforesaid shall
publish said statement, in some newspaper within
the county wherein he transacts the business of
his agency ; and any person effecting insurance
contrary to the provisions of this act, for each and
every offence, shall forfeit and pay t!ie sum of five
hundred dollars, to be recovered in manner herein
before provided.
Sec. 3. Be it further enacted, That it shall not
be lawful for any iierson or association to act as
. r J f • Agents, *c.
agent tor, or on account oi any insurance company
or corporation, not authorized by a law of this
Commonwealth, in making or renewing any con-
tract of insurance for or on account of any such
company, with any per^^on or corporation within
this Commonwealth, unless the capital stock of
the company, for which he or they may act,
amounts to the sum of two hundred thousand dol-
lars, actually paid in in money, and invested, ex-
clusive of the obligations of the stockholders, in
any shape, which shall form no part of said invest-
ment, nor unless said company shall be restricted
by its act of incorporation, or otherwise, so that it
cannot lawfully incur, in any one risk, a greater
hazard than ten per centum of the amount of its
capital ; and every person offending against the
provisions of this act, for each and every offence,
shall forfeit and pay the sum of five hundred dol-
lars, to be recovered as is provided in the first sec-
tion of this act.
[Approved by the Governor, March 10, 1827.]
556 ROGUES, VAGABONDS, &c. March 10, 1827.
CHAP. CXLII.
An Act in further addition to the several Acts for
the suppressing and punishing of Rogues,
Vagabonds, Common Beggars, and other idle,
disorderly and lewd persons.
Sec. 1. JjE it enacted by the Senate and House
of ReTJresentatwes in General Court assemtltd,
and by the authority of the some, That whenever
2Lny person, of any of the descriptions mentioned
in the several acts to which this is in addition, shall
be committed to any House of Correction, for any
of the causes mentioned in the said acts, the keeper
of such House of Correction shall receive a rea-
SnThSw^paldi ^^"^^^^ compensation, to be determined by the
*"■ Court of Sessions of the coi nty, upon due inquiry
into the circumstances of each case, for the board
and keeping of such person ; such compensation
to be paid out of his or her own estate, if any there
be, and if not, then out of the estate of his or her
kindred, who would be liable by law to support
such person if a pauper, and if there be no such
kindred, then such < ompensation to be paid by the
town or city where such pe«^son shall have a legal
settlement; and if such person has neither suffi-
cient estate, nor any kindred liable as aforesaid,
nor a legal settlement in any town or city of this
Commonwealth, then such compensation shall be
paid in part by the county, and in part by the
Commonwealth, in manner hereinafter mentioned.
And all accounts of keepers of Houses of Correc-
tion, not already settled and paid, shall hereafter
be settled by the Courts of Sessions of the respec-
tive counties, and all sums not payable by the per-
son committed, or by his or her kindred, or the
town liable as aforesaid, shall be paid to such
keeper out of the county treasury ; but of the sums
so paid out of the county treasury, there shall be
INSTRUCTION OF YOUTH. March 10, 1827. 557
allowed by the Com :non wealth, and passed to the
cre(iit of such counH', tlie s:tme amount for each
person so char<2;eable to the Comnionwealth, which
is allowed by law for state paupers.
vSec. 2. Be it further enocteff. That whenever
the friends or relations of any binatic pt-rson com-
mitted as aforesaid, shall either at the ^'ip'^^nie ^^i^ ^^ ^^^^
Judicial Court, the Court of Common Pleas, or th» t'r.'rake ^p^^j*^*
Court of Sessions, holden within and lor the count} *'°"-
where such lunatic is committed, make application
for the dischariie of such luna'ic before he or she
shall be restored to reason, and shall file with the
clerk of such Court a bond to the county treasurer,
with sufficient surf^ties to the satisfaction of such
Court,conditioned for the safe keepinai; and maintain-
ing of such lunatic, such Court may after due exam-
ination into the circumstances of the case, if they
shall judjj:e it expedient, order the keeper of the
House of Correction to discharge and deliver up
such lunatic person to the care and custody of the
person or persons making such apf>lication
Sec. 3. He it further enacted^ That all acts or
parts of acts inconsistent with tie provisions of
this act, be, and the same are hereby repealed.
[Approved by the Governor, March 10, 1827.]
CHAP. CXLHI.
An Act to provide for the Instruction of Youth.
Sec 1. OE it er.acted by the Senate and
Bouse of Representatives in General Court assem-
bled^ and by the authority of the same, That each
town or district within this Commonwealth, con*
taining fifty families, or hoMse holders, shall be |J;^^''"°f<'a«i.
provided with a teacher or teachers, of good morals,
fi
\ \
\ .
• •>
558 INSTRUCTION OF YOUTH. J\^arch 10, \S27.
to instruct children in ortliography, reading, writ-
ing, English grammar, geography, arithmetic, and
good behaviour, for such term of time as shall be
equivalent to six months for one school in each
year: and every town or district, containing one
hundred families or house holders, shall be provid-
ed with such teacher or teachers, for such term of
time as shall be equivalent to twelve months, for
TeZheriSm- onc school in each year : and every town or dis-
cations. *^c. trict. Containing one hundred and hfty families or
house holders, shall be provided with such teaclier
or teachers, as shall be equivalent to eighteen
months, for one school in each year. /And every
city, town, or district, containing five hundred fam-
ilies or house holders, shall be provided with such
teacher or teachers, for such term of time as shall
be equivalent to twenty-four months, for one school
in a year, and shall also be provided with a master
of good morals, competent to instruct, in addition
to the branches of learning aforesaid, the history
of the United States, book-keeping by single entry,
geometry, suiveying, and algebra; and shall employ
such master to instruct a school, in such city, town,
or district, for the benefit of all the inhabitants
thereof, at least ten months in each year, exclusive
of vacations, in such convenient place, or alternate-
ly at such places in such city, town, or district,
as the said inhabitants, at their meeting in March,
or April, annually, shall determine ; and in every
city, or town, containing four thousand inhabitants,
such master shall be competent to instruct, in ad-
dition to all the foregoing branches, thf' Latin and
Greek languages, history, rhetoric, and logic.
Sec. 2. Be it further enacted. That the several
^fcTs"i^weJ!'' towns and districts in this Commonwealth, be, and
thej^ hereby are authorized and empowered, in
town meetings to be called for that purpose, to de-
termine and define the limits of school districts,
i^jjliin their towns and districts, respectively : Fro-
vmed, that nothing contained in this act, shall be
[p^construed, as to prevent any town from carrying
Jjp C(
t
INSTRUCTION OF YOUTH. March 10, 1827. 559
into effect the provisions of this act, in their corpo-
rate capacity, and not in school districts, if said
town shall so determine.
Sec. 3. Be it further enacted. That it shall be,
and it hereby is, made the duty of the President,
Professors, and Tutors, of the University at Cani-?e".Jt7/.?'^'"'
bridge, and of the several Colleges in this Com-
monwealth, I'receptors and Teachers of Acade-
mies, and all other Instructors of Youth, to take
diligent care, and to exert their best endeavours to
impress on the minds of children, and youth, com-
mitted to their care and instruction, the prniciples
of piety, justice, and sacred regard to truth, love
to their country, humanity, and universal benevo-
lence, sobriety, industry, and frugalit}', chastity,
moderation, and temperan( e, and those other vir-
tues, which are the ornament of human society,
and the basis uf)on which the Republican Consti-
tution is founded. And it shall be the duty of
such Instructors, to endeavour to lead those under
tlieir care, as their ages and capacities u ill admit,
into a particular understanding of the tendency of
the above mentioned virtues, to preserve and per-
fect a Republican Constitution, and to secure the
blessings of Liberty, as well as to promote their
future happinexis, and the tendenc> of the opposite
vices to slavery and ruin. And it shall be the
duty of the resident Ministers of the Gospel, the
Selectmen, and School Committees, in the several *
towns in this Commonwealth, to exercise their in-
fluence, and use their best endeavours, that tlie
youth of their respective towns, and districts, do
regularly attend the S< hools established and sup-
ported as aforesaid for their instruction.
Sec. 4. Be it further enacted. That the sev-
eral toivns in this Commonwealth are hereby au-
thorized, empowered and directed, at their annual
meetings for the choice of town officers, or at any
regular meeting called for that purpo"5e, to vote
and raise such sums of money for the support of the JXeV'V"**''^*
schools as aforesaid, as they shall judge necessary
70
560 INSTRUCTION OF YOUTH. Mmh ^0,^S27,
for that purpose, which sums, so voted to be raised,
shall be assessed and collected in 'ike manner
as other town taxes are b) law assessed and col-
lected.
Sec. 5. Be it further enacted. That each town
in this Commonwealth shall, at the animal meeting
thereof, for the choice of town officers, choose by
sfchooi eommit. wHttcn or printed ballots a Scsool Committee,
consistinjij of three, five, or seven persons, who
shall have the general charcje and superintendence
of all the public schools in said town, which are
Proviso. supported at the exf)ense thereof: Provided^ X.\\^t
any town, containing; four thousand inhabitants, and
upwards, may choose an additional number, not
exceedinsj five; and it shall be the duty of said
committee to require full at,d satisfactory evidence
of the pjood moral character of all instruct »rs, who
may be employed in the several schools in said
town, and to satisfy theaiselves, by personal exam-
ination or (ttherwise, of their literary qualifications
and capacity for the government of schools; and
no instructoi shall be entitled to receive any com-
pensation for his or her service in the instruction
of any of the schools aforesaid, v ithout first obtain-
ing from said ccmmitt< e a certificate of his or her
qualifications as aforesaid; and it shall furthermore
be the duty of said committee to detertnine the num-
ber and qualifications of the scholars, to be admit-
^ ted into tlie school kept foi the use of the whole
y^ town as aforesaid; to visit s*ich school, at least
quarter yearly, for the purpose of making a careful
examination thereof, and of seein^ tliat the scholars
are properly supplied with books ; and they shall,
at such examination, enquire into the regulation and
discipline of such schools, and the habits and profi-
ciency of the scholars therein; and said committee,
or some one or more of them, shall visit each of the
district schools in sai 1 town, for the purposes afore-
said, on some day during the first or second week
of the commencement thereof, and also. on some
day during the two last weeks of the same ; and
LVSTRUCTION OF YOUTH. March 10, 1827. 36 1
also all the schools kept by said town, once a
niouth for the purpose al"orernention« d, without
giving f)revious notice thereof to the instructors.
Sec. t). Be it farther enacted^ That each town in
this ('oninion\' ealth, which is or may be divided
into school districts, at tiieir annual meeting afore-
said, shall, in addition to the committee aforesaid,
choose a committee for each school district in said
town, consistinii- of one ))er8on, who shall be a resi-
dent in the district for whicli he "^hall be chosen. Pnidentiauow^
and be called the prudential committee thereof,
wiiose duty it shall be to keep the school house of
svuth district in good order, at the expetise of such
disliict; and in case there be no school house, to
provide a suitable place for the school of the dis-
trict, at I he expense thereof; to provide fuel, and
all things necessary for the comfort of the scholars
therein ; to select and contract with a school
teacher for his own district, and to give such inform-
ation and assistance to the said school committee, as
may be necessary to aid tliem in the discharge of thep^^j^j^^
duties reqinred of them b} this act: Provided^ that
in any town in this Commonwealth, which shall so
determine, the members of said prudential com-
mittee may be chosen in the several school dis-
tricts to W'hich they res[)ectively belong, in such
manner a*» said district may decide.
Sec. 7. Be it further enacted^ That the school
committee of each town, shall direct and determine committees, du-
the class books to be used in the respective classes, *^' *"'
in all the several schools kept by said town ; and
tlie scholars sent to such schools shall be supplied
by their parents, masters or guardians, with the
books prescribed for their classes; and the school
committee of each town shall procure, at the ex-
pense of the town, and to be paid for out of the
town treasury, a sufficient supply of such class
books for all the schools aforesaid, and give notice
of the place or places, where such books may be
obtained; and such books shall be supplied to
such scholars at such prices as merely to reimburse
562 INSTRUCTION OF YOUTH. March 10, 1827.
to the town the expense of the same ; and in case
any scholars shall not have been furnished by their
parent, master or guardian, with the requisite
books, all such scholars shall be supplied there-
with by the school committee, at the expense of
the town ; and the school committee shall give
notice, in writing, to the assessors of the town, of
the names of the scholars so supplied by them
with books, of the books so furnished, the pr'ces of
the same, and the names of the parents, masters
or guardians, who ought to have supplied the same;
and said assessors shall add the amount of the
books, so supplied, to the next annual tax of the
parents, masters or guardians, who ought to have
supplied the same ; and the amount so added shall
be levied, collected, and paid into the town treas-
ury, in the same manner as the public taxes: Pro-
«9viso. vided^ however^ that in case such assessors shall be
of opinion, that any of such parents, masters or
guardians are not able, and cannot afford to pay
the whole expense of the books so supplied on
their account respectively, such parents, masters
or guardians, shall be exonerated from the pay-
ment of the whole or part of such expense, and the
said assessors shall omit to add the amount of such
books, or shall add only a part thereof to the
annual tax of such parent, master or guardian, ac-
cording to the proportion of such ex|)ense, which
such parent, master or guardian shall in their opin-
ion be able and can afford to pay : Provided^ nev-
p'foviso. ertheless^ that in cases where children are alre?»dy
supplied with books, which shall not be considered
by the committee as being extremely faulty, in
comparison with others, which might be obtained
and which may be possessed in such numbers as
to admit of the proper and convenient classifica-
tion of the school, then, and in that case, the com-
mittee shall not direct the purchase of new books,
"without first obtaining the consent of the parents,
masters or guardians of a majority of the children,
so already provided for, under the term of tvvp
IXSTRUCTION OF YOUTH. March 10, 1827. 563
years from the passing of this art, unless such
books become so worn, as to be unfit for use : Pro- '''°'''"-
vided., also^ that said committee shall never direct
any school books to be purchased or used, in any
of the schools under their superintendence, which
are calculated to favour any particular religious
sect or tenet,
Sec 8. Be it further enacted. That the school
committee, in the C ity of Boston, and in the sev-
eral towns in this Commonwealth, be, and they
hei' by are required to n ake atid return a report c„„^i,tg, to r*-
to the Secretary of the Conmionwealth, on or be-P°"'**-
fore the first Monday of June, in the year of our
Lord out, thousand eight hiuidred and twenty-
eight, and on the first Monday of June of every
year thereafter, the amount of money paid by such
city or town during the \ ear ending on tht first
da} of May preceding the time ot making said re-
port, for the instruction of the J^choois kept by said
city or town ; the number of school districts into
which said city or town is divided ; the aggregate
number of months, that the several schools were
kept by such city or town in said y» ar, and what
portion thereof was kept bv male, and what by
female teachers; the whole number of pupils, who
have attended any of the schools kept by such city
or town during said year; the number of acade-
mies and private schools ; the nimiber of pupils in
the academies and private schools, who have not
attended any school kept by such cit}' or tov. n
during said year; the estimated amount of the
compensation paid to the instructors of academies
and private schools during said year; and whether
there are any, and what number of persons, over
fourteen and under twenty-one years of age, who
are unable to read and write.
Sec. 9. Be it further enacted^ That it shall be
the duty of the Secretary of the ('ommon wealth, in secretary» duty,
the year of our Lord one thousand eight hundred
and twenty-eight, and every }ear thereafter, to
furnish to each city and town a blank form of re-
turn, in manner tollowing, viz : —
564
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Number of
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Whole number
of pupils at-
tending the
Schools kept
by the town
in the course
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S
Aggregate time
of keeping
Schools in the
year, estima-
ted in months,
and what por-
tion thereof
was kept by
male, & w 
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