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

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,