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

LAWS 



Commontoealtl) of #lassacl)usett0, 

PASSED AT THE SEVERAL 
SESSIONS OF THE GENERAL COURT, 

BEGINNING MAY, 1828, AND ENDING MARCH, 1831. 
Published agreeably to a Resolve of the I6th January^ 1812. 



VOX. xz. 



Boston : 

BUTTON AND WENTWORTH, PRINTERS TO THE STATE- 

1831** 

CDUNBEL to the SENATi 

STATE HDUS: 

BOSTON 



STATE UBRARY OF MASSACflnsmS. 
JAN 4 1910 

STATE HOUSE, BOSTON. 



LAWS 



COMMONTTEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE TWENTT 

EIGHTH OF MAY, AND ENDED ON THURSDAY, THE TWELFTH OF 

JUNE, ONE THOUSAND EIGHT HUNDRED AND TWENTT BIGHT. 



CHAP. I. 

An Act directing the mode of choosing Electors 
of Presi<Jent and Vice President of the United 

States. 

Sec. i. Joe it enacted by the Senate and House 
of Representatives^ in Ge?ieral Court assembled^ and 
by the authority of the same. That the Selectmen selectmen to no 
of the several Towns and Districts in this Com- 
monwealth shall notify, in the manner prescribed 
by law for notifying; town meetings, the inhabitants 
thereof, duly qualified to vote for Representatives to 
the General Court of this Commonwealth, to as- 
semble on the first Monday of November next, and TimaofEiecuon. 
give in their votes for the number of Electors of 
President and Vice President, to which this Com- 
monwealth may then be entitled, which Electors 
shall be qualified according to the Constitution of 
the United States. And the names of all the Elee- 



4c. 



4 CHOICE OF ELECTORS. June 10, 1828. 

tors to be then chosen, shall be written or printed 
on each ticket or ballot, and every such ticket or 

Ballot to contain, [jallot shall contain tlie name of at least one inhab- 
itant of each of the several Congressional Districts 
into which this Commonwealth is divided ; — and 
against the name of each person on every such 
ticket shall be designated the Congressional Dis- 
trict to which he belongs. And the Selectmen shall 
preside at such meetings, and shall, in open town 

sfdr'^nd 'cJunt meeting, receive, sort, count and declare the votes 

votes, *c. priven in, and the same shall be recorded by the 
Town and District Clerks respectively, and exact 
lists thereof shall be made and certified by a major- 
it}^ of the Selectnien, and the Clerk, who shall de- 
liver the same sea/ed to the Sheriff of the Count}- 
in which such election shall be held, within three 
days next after the day of such election ; and the 

Sheriff to trnns- saifj Sheriff shall transmit the same to the Office of 
the Secretary of this Commonwealth within ten 
days thereafter, or the Selectmen or Clerk may 
themselves transmit the same to the Office of the 
said Secretary within thirteen days after the day of 

Governor and guch election. /\nd all votes, not so returned, shall 

Council to exam- J«^ '» • ' ■, r\ -i t 11 

inevotes,4^c. be Tejectcd ? and tlie Governor and Councd shall 
open and examine the said returns and count the 
votes, and the Governor shall forthwilii transmit to 
each person who shall have received a majority of 
the votes so returned, a certificate of his election. 
Sec. 2. Be it further enacted. That in the City 

^, .. . ^.. of Boston, the said election shall be holden, and the 

Election In City ' . . . . , , . 

ofBoston. returns thereor made in coniormity with the direc- 
tions and provisions of "an act establishing the Ci- 
ty of Boston," and the acts supplementary thereto. 
Provided, That such elections shall be holden and 
the returns thereof, by the Mayor and Aldermen of 
said City, be made at and within the times herein 
before prescribed. 

Sec. 3. Be it further enacted, That the Electors 
Electors tojon- SO chosen shall convene at the State House, in the 
ven^e.tiraean ^^.^ ^.^^^ of BostoH, ott the Tucsday next preceding 



Proviso. 



CHOICE OF ELECTORS. June 10, 1828. 5 

tlie first Wednesday of December next, at three of 
the clock in the afternoon ; and in case of the death 
or absence of any Elector so chosen, or in case the 
Avhole nimiber of Electors, to which this Common- 
wealth may then be entitled, shall from any cause 
be deficient, the Electors then present, or a major- 
ity of them, shall forthwith elect, from the Citizens Electorate en va- 

• i>^ It 111 '^'inciea. 

ot this Commonwealth, so many persons as shall 
supply such deficiency. And on the said first Wed- 
nesday of December, al! the said Electors, conven- 
ed as aforesaid, shall vote by ballot for one person ^'f^'°/,'d'°„'J"J!c' 
for President, and one person for Vice President of 
the United States, one of whom, at least, shall not 
be an inhabitant of this Commonwealth ; " they 
shall name in their ballots the person voted for as 
President, and in distinct ballots the person voted 
for as Vice President, and they shall make distinct 
lists^ of all persons voted for as President, and of all 
persons voted for as Vice President, and of the 
number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of the 
Government of the United States, directed to the 
President of the Senate," and in all respects shall 
proceed and conduct conformably to the Constitu- 
tion of the United States, and the laws in this be- 
half provided. And the said Electors shall receive 
such compensation for their travel and attendance lomptnsation. 
as the members of the General Court of this Com- 
monwealth are entitleil to receive. And all laws 
now in force in relation to the duties of Sheriffs, 
Town Officers and Voters in the election of Gover- 
nor, Lieutenant Governor, Counsellors, Senators 
and Representatives, shall, as far as the same are 
applicable, apply and be in force in regard to the 
meetings and elections to be holden, and the re- 
turns to be made, under this act ; and like penalties 
shall be incurred for a violation thereof. 

[Approved by the Governor, June 10, 1828.] 



SUP. JUD. COURT, 



June 10, 1828. 



CHAP. II. 

An Act in addition to an Act, entitled " An Act to 
establish the terms of the Supreme Judicial 
Court." 



Jurisdiction. 



Terms altered. 



Sec. 1. JjE i/ enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That, from and after 
the passino- of this act, the Supreme Judicial Court, 
when holden by three or more Justices thereof, by 
adjournment or otherwise, within and for either of 
the Counties of Franklin or Hampden, shall have 
the same jurisidiction in all matters, civil or crim- 
inal, as they have in any County in the Common- 
wealth, at any Court holden by three or more Jus- 
tices of said Court. 

Sec. 2. Be it further enacted. That the term of 
the said Supreme Judicial Court, which is now by 
Jaw required to be holden at Greenfield, within and 
for the County of Franklin, on the seventh Tues- 
daj" next after the first Tuesday of March annually, 
shall hereafter be holden at said Greenfield on the 
sixth Tuesday next after the first Tuesday of 
March annually, and that the term of said Court 
now by law required to be holden at Northampton, 
within and for the County of Hampshire, on the 
eighth Tuesday next after the first Tuesday of 
March annually, shall hereafter be 'holden at said 
Northampton on the seventh Tuesday next after 
the first Tuesday of March annually, and the term 
of said Court now by law required to be holden at 
Springfield, within and for the County of Hamp- 
den, on the ninth Tuesday next after the first Tues- 
day of March annually, shall hereafter be holden 
at said Springfield on the eighth Tuesday next af- 
ter the first Tuesday of March armually. 



SUP. JUD. COURT. June 10, 1828. 

Sec. 3. Be it further enacted, That all actions, Arti°n^**'<"^ 
suits, bills and processes of whatsoever nature, civil ""*"""* 
or criminal, which would by law be continued or 
returnable to the said several Courts, the terms of 
which are by this act altered, shall be continued 
and returuBble to, have day in, and be proceeded 
upon and determined, at the several terms estab- 
lished hereby within their respective Counties. 

Sec. 4. Be it further enacted, That the Supreme 
Judicial Court, when holden by one or more of the 
Justices thereof, in any County, shall have juris- 
diction of and may hear and determine all appeals i°f8"from°*PrS: 
from any Probate Court, within the County in "^'o*^""^"*' 
which the said Supreme Judicial ('ourt shall be 
holden, and may aflBrrn or reverse the decree, which 
may be appealed from, and pass such further order 
and decree therein, as to law and justice shall ap- 
pertain. And said Court, holden as aforesaid, shall 
also have power and authority to hear and deter- 
mine upon all petitions for new trials, which may 
be pending before the same, subject however, as 
to such appeals and petitions, to all such excep- 
tions as are now provided by law in the trial of is- 
sues in fact before said Court. 

Sec. 5. Be it further enacted, That all acts and 
laws heretofore passed, relating to the subjects Repeal. 
herein provided for, so far as they are repugnant 
to or inconsistent with the provisions of this act, 
are hereby repealed. 

[Approved by the Governor, June 10, 1828.] 



CHELMSFORD GLASS CO. Jtme 11, 1828. 



CHAP. HL 

An Act in addition to an Act, entitled "An Act in 
addition to an Act, entitled an Act to incorporate 
the Proprietors of the Branch Church in Salem, 
in the County of Essex." 

JljE it enacted by the Senate and House 
of Representatives, 171 General Court assembled, and 
by the authority of the same, That the Corporation, 
now known and called by the name of the " First 
Presbj^terian Church in Salem," shall, from and af- 
ter the passinsi; of this act, be known and called by 
Nameaitered. thc name of The Howard Street Church, any thing 
in the act or acts to which this act is in addition to 
the contrary notwithstanding. 

[Approved by the Governor, June 1 1, 1828.] 



CHAP. IV. 

An Act to incorporate the Chelmsford Glass Com- 
pany. 

Sec 1 . JlJE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That William Adams, 
fated.'"' ''"'*'"'° Daniel Richardson, Cyrus Baldwin, Samuel F. 
Wood and Jesse Smith, together with such as have 
or may hereafter associate with them, their success- 
ors and assigns be, and they liereby are made a 



MERRIMACK MAN. CO. June li, 1828. 9 

corporation, by the name of the Chelmsford Glass 
Company, for the purpose of manufacturing Glass 
in said Chelmsford, and for that purpose, shall have 
all the powers and privileges, and be subject to all 
the duties and requirements, contained in an Act en- 
titled "An Act defining the general powers and du- 
ties of manufacturing corporations," passed on the 
third da}^ of March, in the year of our Lord one 
thousand eight hundre<l and nine, and the several 
acts in addition thereto. 

Sec. 2. Be it further enacted, That the said Cor- 
poration may lawfully hold and possess such real May how reai 
estate, not exceeding the value of thirty thousand ^^"'^ pei^sonai es- 
dollars, and such personal estate not exceeding fif- 
ty thousand dollars, as may be convenient and ne- 
cessary for carrying on the manufacture aforesaid. 

[Approved by the Governor, June 11, 1828.] 



CHAP. V. 

An Act in further addition to an Act, entitled "An 
Act to incorporate the Merrimack Manufacturing 
Company." 

Jl>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Merrimack 
Manufacturing Company may hold personal proper- Mayhoidperson- 
ty, not exceeding the value of three hundred thou- ^p'^p^^^- 
sand dollars, in addition to the sum it is now au- 
thorized by law to hold. 

[Approved by the Governor, June II, 1828.] 



10 SWANZEY PAPER CO. June 11, 1828. 



CHAP. VI. 

An Act to incorpcrate the Swanzey Paper Com- 
pany. 

Sec. 1. IjE z7 enacted by the Senate and House 
oj Representatives, in General Court assembled^ and 

perions incorpo. htf the uuthonty of the same, That Joseph Hooper, 
Jr. William Mitchell, Daniel Mitchell, and George 
Howard, together with such other persons as are 
or may become associates with them, their success- 
ors and assigns, be, and they hereby are made a 
Corporation, by the name of the Swanzey Paper 
Company, for the purpose of manufacturing Paper 
in the town of Swanzey in the County of Bristol, 
and for that purpose shall have all the powers and 
privileges, and be subject to all the duties and 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 addi- 
tion thereto. 

Sec. 2. Be it further enacted, That the said Cor- 
Msy hold real poratiou may hold and possess such real estate, not 

tet2.P*"°"*'"' exceeding in value the sum of twenty five thou- 
sand dollars, and such ])ersonal estate, not exceed- 
ing twenty five thousand dollars, as may be found 
necessary and convenient for carrying on the man- 
ufacture of paper in the town of Swanzey in the 
County of Bristol. 

[Approved by the Governor, June 11, 1828.] 



May increase 



SPRINGFIELD BANK. June 1 1, 1828. 1 i 



CHAP. VII. 

An Act in addition to an Act, entitled "An Act to 
incorporate the President, Directors, and Com- 
pany of the Springfield Bank." 

Sec 1. JjE il enacted by the Senate and House 
of Representatives^ in General Court assembled, and 
by the authority of the same, That the Piesident, 
Directors and Company of the Springfield Bank, 
be, and they hereby are, authorized and empower- 

to increase their present Capital otock, by an capital stock, &c. 
addition of one hundred tliousand dollars thereto, 
to be divided into shares ecpial in amount to the 
present shares in the Capital Stock of said Bank, 
which shall be paid in, in such instalments, and at 
such times, as the President and Directors of said 
Bank may direct and determine. Provided, howev- ^°'''""*- 
er, that the whole amount shall be paid in within 
one year from tlie passing of this act. 

Sec. 2. Be it further enacted. That the addition- 
al Stock aforesaid shall be subject to the like tax, Subject to tax. 
regulations, restrictions and provisions, as the pres- 
ent 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 before the 
said Corporation shall proceed to do business up- 
on the said additional Capital, a certificate, signed „ ^ 

I T^- 1 111 Certificate to be 

by the President and Directors, and attested by the <•'«<» '« secret*. 

'J . y . ry's omce. 

Cashier, that the same has been actually paid into 
said Bank, shall be filed in the office of the Secre- 
tary of this Commonwealth. 



[Approved by the Governor, June IT, 1828.] 



12 



BOS. THEA.— IPS. MAN. CO. Jtme 11, 1828. 



CHAP. VIII. 

An Act in addition to an Act to incorporate the 
Proprietors of tiie Boston Theatre. 

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 said Propri- 
May divide prop- ctors may divide their corporate property into as 
erty into shares, ^^^y sharcs of cqual vaiue, of not less than one 
hundred dollars each par value, as they may deem 
expedient. 

Sec. 2. Be it further enacted, That the second 
Proviso repealed. Proviso in the sixth sectiou of the act to which 
this is in addition be, and the same hereb}^ is re- 
pealed. 

[Approved by the Governor, June 11, 1828.] 



Persons incorpo- 
rated 



CHAP. fix. 

An Act to incorporate the Ipswich Manufacturing 
Company. 

Sec. 1. JjE 27 enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Augustine Heard, 
Joseph Farley, and George W. Heard, with their 
associates, successors and assigns, be, and they 
hereby are made a Corporation, by the name of 
the Ipswich Manufacturing Company, for the pur- 



PI.YM. INST. FOR SAVINGS. June 11, 1828. 13 

pose of manufacturing cotton and woolen goods in 
the town of Ipswich, in the County of Essex, and 
for this purpose shall have all the powers and pri- 
vileges, and be subject to all the duties and require- 
ments contained in an act passed on the third day 
of March, in the year of our Lord one thousand 
eight hundred and nine, 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- 
poration may hold and possess such real estate not and^rsonVtsl 
exceeding in value the sum of fifty thousand dol- '*^^- 
lars, and such personal estate not exceeding in va- 
lue the sum of one hundred thousand dollars, as 
ma}^ 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 he is hereby 
authorized to appoint the time and place for hold- 
ing the first meeting of said Corporation, giving first meeting. 
seven days notice thereof to the others, either by 
personal notice or otherwise. 

[Approved by the Governor, June 1 1, 1828.] 



CHAP. X. 

An Act to incorporate the Plymouth Institution for 
Savings. 

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 Barnabas Hedge, S" '"""'^ 



14 PLYM. INST. FOR SAVINGS. June 11, 1828. 

Nathaniel Russell, Zabdiel Sampson, N. M. Davis, 
Zacheus Bartlett, Ezra Finney, John Thomas, 
Isaac L. Hedge, Jacob Covington, William Tho- 
mas, John S. Hay ward, P. W. Warren, R. E. Cotton, 
J. H. Loud, and Thomas Hedge, be, and they here- 
by are constituted a Corporation, by the name of 
the Plymouth Institution for Savings, and that they 
and such others as shall be duly elected members 
of said Corporation, as in this act is provided, shall 
be and remain a body politic and corporate, by the 
same name, for the term of twenty years. 

Sec. 2. Be it further enacted^ That the said Cor- 
poration shall be capable of receiving from any 

Receive deposits, pgpg^j^ qj. persous, disposcd to obtain and er)joy 
the advantages of said Institution, any deposit or 
deposits of money, and to use and improve the 
same, for the purposes, and according to the direc- 
tions herein mentioned anil provided. 

^Ec. 3. Be it further enacted, That all deposits 

Deposits to be ira- of moncy received by the said Institution shall be 

*c°\w"iied?'""^' used and improved to the best advantage, and the 
income or profit thereof shall be by them applied 
and divided among the persons making the said 
deposits, their executors, administrators and as- 
signs, in just proportion, with reasonable deduc- 
tions, and the principal of such deposits may be 
withdrawn at such times, and in such manner as 
the said Institution shall direct and ap{)oint. 

Sec 4. Be it further enacted, That the said Cor- 

May elect mem poFEtion sliall, at their annual meeting in July, have 
power to elect, by ballot, any other person or per- 
sons, as members of the said Institution. 

Sec. 5. Be it further enacted, That the said Cor- 

May have Seal, popation may have a common Seal, which they 
may change and renew at pleasure, and that all 
deeds, conveyances, and grants, covenants and a- 
greements made by their Treasurer, or any other 
person by their authority and direction, shall be 
good and valid ; and the said Corporation shall at 

toKedT*"** all times have power to sue, and may be sued, and 



PLYM. INST. FOR SAVINGS. June 11, 1828. 15 

may defend, and shall be held to answer, by the 
name aforesaid. 

Sec. C. Be it further enacted^ That the said Cor- 
poration shall hereafter meet at Plymouth, in the. 
month of July annually, and as much oftener as 
the}' may judge expedient, and any seven members 
of the said Corporation, at their meetings in July 
annuall}', shall have })o\ver to elect and choose a 
President, and all other such officers as to them ^emrfc*!*^ ^'*"' 
shall appear necessary, which officers so chosen 
shall be sworn to the faithful performance of the 
duties of their offices respectivel}'. 

Sec. 7. Be it further etiacted, That the said Cor- 
poration heieby are vested with the power of mak- }^°wer to make 
ing laws for the more orderl}' managing the busi- 
ness of the Corporation, provided the same are not 
repugnant to the Constitution or laws of this Com- 
monwealth. 

Sec. 8. Be it further enacted. That Nathaniel 
Russell be, and lie is hereby authorised, by public 
notification in the Plymouth Newspaper, to call 
the first meeting of the said Institution, at such ^^ ™««*'"8- 
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 statement Agenu to make 
of the affiiirs 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 concerning the 
same under oath ; and the Legislature ma}', at any aX''egu?auoM 
time, make such further regulations for the govern- *'^- 
ment of said Institution as they may deem expedi- 
ent, and may alter, amend or repeal this act at 
pleasure. 

[Approved by the Governor, June U, 1828.] 



16 MAR. ELEV, DOCK CORP. June 11, 1828. 



CHAP. XI. 

An Act in addition to an act, entitled " An Act to 
establish the Marine Elevating Dock Corpora- 
tion." 

Sec. 1. MjEa 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 act is in addition, be so far altered, that the 
Personal estate, amount of personal estate which said Corporation 
may take and hold, shall not exceed the sum of 
fifty thousand, six hundred dollars, and that the 
whole property of said Corporation shall not ex- 
ceed the sum of seventy five thousand, six hundred 
dollars, which they may take and hold by virtue of 
the said act. 

Sec. 2. Be it further enacted, That the whole 
property which said Corporation may take and hold. 
Pro rt diTided ^^ ^^ '" ^^^^ ^^^ provided, shall be divided into one 
into shares. hundrcd aud forty four shares, not exceeding the 
value of five hundred and twenty fiv^e dollars each, 
instead of the number and value of shares in the 
act to establish tlie said Corporation fixed and pro- 
vided. 

[Approved by the Governor, June 11, 1828.] 



BOS. WAT. POW. COR. MAN. June 11, 1828. 17 



CHAP. XIT. 

An Act to incorporate the Boston Water Power 
Cordage Manufactory. 

Sec. I. UE // enacted by the Senate and House 
of Representatives^ in General Court assembled^ 
and by the authority of the same^ That Henry Chap- 
man, Isaac P. Davis, Henry Wainwright, and Hen- Pe^sj'ns ineorpo 
r}'' G. Chapman, togetiier with such others as may 
herfafter associate with them, and their succes- 
sors, be and they are hereby made a Corporation, 
by the name of the Boston Water Power Cordage 
Manufactory, for the purpose of manufacturing 
cordage in the City of Boston, or in the town of 
Brookiine ; and for that purpose shall have all the 
powers and privilfges, and shall also be subject to 
all the duties and requirements prescribed and con- 
tained in an act, passed the third day of March, 
in the year of our Lord one thousand eight hun- 
dred and nine, entitled "An Act defining the gen- 
eral powers and duties of Manufacturing Corpora- 
tions," and the several acts in adihtion thereto. 

Sec. 2. Be it further enacted., That the said Cor- 
poration may be lawfully seized and possessed of 
such real estate, not exceeding the value of eighty Eitate, 
thousand dollars, and such personal estate, not ex- 
ceeding the value of one hundred thousand dollars, 
as may be necessary and convenient for carrjing 
on the manufacture of cordage. 

Sec. 3. Be it further enacted^ That either of said 
Petitioners be, and he hereby is, authorised to give 
notice of the time and place of holding the first rim meeting, 
meeting of said Corporation, b}- giving personal no- 
tice, or otherwise, at least five days before such 
meeting. 

[Approved by the Governor, June 11, 1828.] 
3 



18 TOWN OF BOS. & CO. OF SUF. June 11, 1828. 



CHAP. XIII. 

An Act in further addition to an Act, entitled " An 
Act regulating the commencement of certain ac- 
tions, in which the Inhabitants of the Town of 
Boston, in the County of Suffolk, shall be a par- 
ty." 

Sec. 1. 13e if enacted by the Senate arid House 

of Representatives, in Ge?ieral Court assembled, 

and by the authority of the same, That all actions 

hereafter commenced by the City of Boston, may 

Actions, how be commenced and instituted, in the County of 

commence , 4c. gyg-^ji^^ ^^^ ^^ madc returnable before an}^ Court 

in the said County, proper to try the same, and 
therein may be prosecuted to final judgment and 
execution, in the same manner as other suits are 
therein commenced and prosecuted, unless the de- 
fendant or tenant in any such action shall state, in 
writing, to the Court, at the first term thereof, after 
such action is entered, or at the time of his enter- 
ing his appearance, but before he shall plead in 
such action, that he is desirous of having the cause 
removed to some other county, in which case the 
Court wherein the same action is. pending, shall or- 
der the same to be removed, and thereupon, it shall 
Attorney's duty bc thc duty of thc attomcy for the City of Boston, to 
enter the said action, at the next term of any Court 
proper to try the same, in either of the Counties of 
Norfolk, Essex, or Middlesex, at his election, giv- 
ing notice to the defendant or tenant, or his attor- 
ney, of the Court wherein the same shall be enter- 
ed, and filing a certified copy of the writ, and offi- 
cers return thereon, and order of removal, in the 
said Court ; and thereupon the said Court shall 
have jurisdiction over the said action, and all pro- 



in certain cases. 



TOWN OF BOS. & CO. OF SUF. June 11, 1828. 19 

ceediri^s may be had, all attachments of real and 
personal estate, all bail bonds, and all depositions 
returned or taken for any such action, shall have 
force and effect, in the same manner as if the said 
action had been originally returnable in the Court 
to which it is removed ; Provided however, that if Proviso. 
the said City of Boston shall prevail in said suit, 
no more costs shall be taxed for it, than if said ac- 
tion had been originally commenced in the County 
whereto it is so removed. 

Sec. 2. Be it further enacted, That any of the 
penalties or forfeitures provided for the violation poifeiture«. 
of any of the acts resjulatinsf the storao-e, safe keep- f^^ violation of 

. '' .~„^ I'l- 1 ^'''^ relative to 

ins; or transportation ot gunpowder, withm the ^^^"^"ued^foV ^''• 
Town of Boston, or to any of the acts to secure 
the Town of Boston against fire, or to regulate the 
building with wood, within the Town of Boston, or 
to provide for the erection of two story wooden 
buildings in the City of Boston, may be sued for, 
and recovered, by action of the case, in the Coun- 
ty of Suffolk, in the name of the Mayor of the City 
of Boston, or the Chief Engineer of the said city, 
for the use of the Cily of Boston, as well as by in- 
dictment or information in the modes prescribed in 
the several laws now in force : Provided, however, Proviso. 
that, on the statement in writing of any defendant 
in such action to the Court, at tlie first term there- 
of, after such action is entered, that he is desirous 
of having the cause removed to some other county, 
the Court wherein the same action is pending, shall 
order the same to be removed ; and thereupon the 
same proceedings shall be had, and to the same 
force and effect in all respects, as for other causes 
of action, provided for by the foregoing section of 
this act. 

Sec, 3. Be it further enacted. That no person 
shall be disqualified from acting as a magistrate, 
officer or juror, in any such action, in either of the 
foregoing sections provided, by reason of any inter- diJquliffy "nV^' 
est that he may have, as an inhabitant of the City Eia78"rare,''&c.'" 



20 MUMFORD RIVER ASSO. June il, 1828. 

of Boston, in such suit, or in any money or other 
properij^ to be thereby recovered. 

Sec. 4. Be it further enacted, That all the pro- 
Kepeni. visions of any acts, now in force, inconsistent with 

the foregoing, be, and they are hereby repealed. 

[Approved by the Governor, June 11, 1828.] 



CHAP. XIV, 

An Act to incorporate the Mumford River Associ- 
ation. 

Sec. 1. JlSE it enacted by the Senate and House 
of Representatives, in General Court assembled, 
and by the authority of the same. That John Cap- 

persons ineorpo. ren, Robert Rogerson, Paul VVhittin, Jr. Eftinghan:i 
L. Capren, and William L. Capren, their associ- 
ates, successors and assigns, be, and they are here- 
by made a Corporation, by the name of the Mum- 
ford River Association, for the purpose of manu- 
facturing cotton and wool in Sutton, in the County 
of Worcester, and for such purpose, shall have all 
the powers and privileges, and be subject to all the 
duties and requirements contained in an act, pass- 
ed 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- 
poration may be lawfully seized and possessed of 

xrtatt. such real estate, not exceeding the value of fifty 



BRIGHTON BANK. June 11, 1828. 21 

thousand dollars, and such personal estate, not ex- 
ceeding the sum of one hundred thousand dollars, 
as may be necessary and convenient for carrying 
on tlie manufacture aforesaid, to be appropriated 
in any manner incident to such manufactures. 

Sec. 3. Be it further enacted, That any one of 
the persons mentioned in this act be, and is here- 
by authorised to appoint the time and place for 
holding the first meeting of said Corporation, First meetim. 
and to notify them thereof, either by personal no- 
tice, or otherwise. 

[Approved by the Governor, June 11, 1828.] 



CHAP. XV. 

An Act in addition to an Act, entitled " An Act to 
incorporate the President, Directors and Com- 
pany of the Bjighton Bank." 

Xj E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, Tliat so miicli of the 
act to which this is in addition, as recjuires that fif- 
t}' per centum of the Capital Stock of said Corpo- 
ration shall be paid in, on or before the first day of 
June instant, be, and the same hereby is repealed, Repeal, tc. 
and that the payment of the said fifty per centum 
of said Capital Stock may be made at any time on 
or before the first day of September next. 

[Approved by the Governor, June 11, 1828.] 



22 LEAD PIPE MAN. CO. June 11, 1828. 



CHAP. XVI. 

An Act to establish the Lead Pipe Manufacturing 
Company. 

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 David Lorinsj, 
i^rsons incorpo. SaDiuel Burr, Lincohi Fearino;, and Moses Prichard, 
and such other persons as may hereafter be asso- 
ciated with them, their successors and assigns, be, 
and they hereby are, made a Corporation, by the 
name of the Lead Pipe Manufacturing Company, 
for the purpose of manufacturing sheet-lead, and 
lead pipe, in the town of Concord, and for this 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 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 said Corpora- 
tion may be lawfully seized and possessed of such 
Estate. real estate, not exceeding the value of t^venty 

thousand dollars, and such personal estate, not ex- 
ceeding fifty thousand dollars, as may be necessary 
and convenient for carrying on the manufactory of 
sheet-lead and lead pipe. 

[Approved by the Governor, June 11, 1828.] 



BUT. & LARD.— REC. & EX. June 11, 1828. 23 



CHAP. XVII. 

An Act in addition to the several Acts in relation to 
the Inspection of Butter and Lard. 

Sec. 1. JlSE 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 all Butter and Lard im- 
ported into this Commonwealth, which have been 
duly inspected in the State in which such Butter 
and Lard shall have been packed, shall not be sub- no' subject to a 
ject to a re-inspection in this Commonwealth. 

Sec. 2. Be it further enacted, That all Butter and „ ^ ^. 

X 1' !• y ' r^ 11 I'liii ^^^y ^* shipped 

Lard imported into this Commonwealth, which shall without inspeo 

, ' , . , . 1 o ''°" '° certain 

not have been inspected in any other estate, may cases. 
be shipped without inspection. 

[Approved by the Governor, June 11, 1828.] 



CHAP. XVIH. 

An Act requiring the publication of an Annual 
Statement of County Receipts and Expenditures. 

JjE it enacted by the Senate and House 
of Representatives in General Court assembled and 
by the authority of the same. That the County Com- 
missioners and Treasurers of the several Counties 



24 NASHUA RIVER BANK. June 11, 1828. 

in this Commonwealth, (excepting the County of 
Suffolk) be, and they are hereby required to pub- 
lish annually, at the close of each year, in one or 
more newspapers (not exceeding three) published 
within their respective Counties, or in an adjoining 
County, an account of the receipts and expenditures 
of their respective Counties, arranged under dis- 
tinct heads. 

[Approved by the Governor, June II, 1828. 



CHAP. XIX. 

An Act to incorporate the President, Directors and 
Company of the Nashua River Bank. 

Sec. 1. iSk it e7iacted by the Senate and House 
of Rpprcseniaiives^ in General Court assembled^ and 
by the authority of the same, That Oliver Fox, 
Ivers Jewett, A. J. Town, Eoenezer Torrey, Sam- 
persons incorpo- uel Willis, lieujamiu Snow, Abel Fox, Jonas Mar- 
shall, Levi Farwell, Isaac JMorse, Zachariah Shel- 
don, P. S. Snow, and Francis Perkins, with their 
associates, successors and assigns, be, and iiereby 
are, created a Cor^ooration, by the name of the 
President, Directors and Company of the Nashua 
River Bank, and shall so continue until the first 
3Ion(lay of October, in the } ear of our Lord one 
thousand eight hundred and thirty one ; and the 
said Corporation shall always be subject to the 
rules, restrictions, limitations, provisions and taxes, 
and be entitled to the same rights, privileges, and 
immunities, as are contained in an act, entitled " An 



NASHUA RIVER BANK. June 11, 1828. 25 

Act to incorporate the President, Directors and 
Company of the State Bank," except in so far as 
the Stinie are modified or altered by this act, as ful- 
ly and effectually as if the several sections of the 
said act were herein speciallj" recited and enacted. 
Provided, hoivever, that the amount of bills issued f"^"^*^"- 
from the said Bank shall not, at any one time, ex- 
ceed the amount of the capital stock actually paid 
in : A^id provided further^ that the number of Di- proviso. 
rectors, to be annuall}^ chosen, shall be nine, and 
who shall be inhabitants of, and residents within 
the County of Worcester, and shall be accountable 
for the doings of the whole board, any five of wiiom nS.fs'^qu^ 
may constitute a quorum for the transaction of '""> *'*=• 
business. 

Sec. 2. Be it further enacted, That. the Capital 
Stock of the said Corporation shall consist of the capuai stock. 
sum of one hundred thousand dollars, in gold and 
silver, to be, besides such part as this Common- 
wealth may subscribe, in the manner hereinafter 
mentioned, divided into shares of one hundred dol- 
lars each, which shall be paid in the manner fol- 
lowing, that is to say, one half part thereof on or 
before the first day of December next, and one 
fourth part thereof on or before the first da}^ of 
March next, one fourth part thereof on or before 
the first day of June next thereafter : and no Stock- aii'owed'^^o^°ifo" 
holder shall be allowed to borrow any money at ^°"'''5'= 
said Bank, until he shall have paid in his full pro- 
portion of the whole of said Capital Stock of one 
hundred thousand dollars : and no dividend shall 
be declared on the Capital Stock of said Bank, un- 
til 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 ma- 
joiity of votes, determine the mode of transferring 
and disposing of said Stock, and the profits there- 
of, which, being entered on the Books of the Cor- 
poration, shall be binding on the Stockholders, their 
successors and assigns, until they shall otherwise 
4 



26 



NASHUA RIVER BANK. 



June 11, 1828. 



determine -, and the said Corporation are hereby- 
made capable in law, to have, hold, purchase, re- 
ceive, possess, enjoy, and retain to them, their suc- 

Tohoidiands.^c, ccssors and assigns, lands, tenements and heredita- 
ments, to the amount of live thousand dollars, and 
no more, at any one time, with power to bargain, 
sell, dispose, and convey the same by deed, under 
the seal of the said Corporation, and signed by the 
President, or two of the Directors, and to loan and 
negotiate their monies and effects, by discounting 
on banking principles, on such security as they 

Proviso. may think advisable : Provided, however^ that noth- 

ing herein contained shall restrain or prevent the 
said Corporation from taking and holding real es- 
tate in mortgage, or on execution, to'any amount, as 
security for, or in payment of any debt due to the 

Proviso. said Corporation : And provided, further, that no 

monies shall be loaned, or discounts made, nor shall 
any bills or promissory notes be issued from said 
Bank, until the capital subscribed and actually paid 
in, and existing in gold and silver in their vaults, 
shall amount to fifty thousand dollars, nor until the 
said Capital Stock actually in said vaults shall have 
been inspected and examined by three Commis- 
commissioners' sioncrs, to bo appointed by the Governor for that 
purpose, whose duty it shall be, at the expense of 
the said Corporation, to examine the monies actu- 
ally existing in said vaults, and to ascertain, by the 
oath of the Directors of said Bank, or a majority of 
them, that the said Capital Stock hath been bona 
fide paid in by the Stockholders of said Bank, and 
towards paj^ment of their respective shares, and 
not for any other purpose ; and that it is intended 
therein to remain as part of the said Capital Stock, 
and to return a certificate thereof to the Governor. 
Sec. 3. Be it further enacted, That whenever 
the Legislature do require it, the said Corporation 
shall loan to the Commonwealth any sum of money 
which may be required, not exceeding ten per 
centum of the Stock actually paid in, at any one 



duty, i^c 



To loan to the 
Cvmmouwealth. 



NASHUA RIVER BANK. June IK 1828. 27 

time, reimbursable by five annual instalments, or 
at any shorter period, at the election of the Com- 
monwealth, with the annual payment of interest, at 
a rate not exceeding five per centum per annum ; 
Provided, however, that the Commonwealth shall Proviso. 
never stand indebted to the said Corporation, with- 
out their consent, for a larger sum than twenty 
per centum of their Capital then paid in. 

Sec. 4. Be it further enacted, That the persons 
hereinbefore named, or any three of them, are here- 
by empowered to call a meeting of the Members 
and Stockholders of said Corporation, as soon as b/fawf, ^"c"* * 
may be, at such time and place as they may see fit 
to appoint, by advertising the same, three weeks 
successively, in any two newspapers printed in the 
County of Worcester, for the purpose of making 
and ordaining such by-laws and regulations, not re- 
pugnant to the Constitution and laws of this Com- 
monwealth, for the orderly conducting the affairs 
of the said Corporation, as the Stockholders may 
deem necessary, and for the choice of the first 
Board of Directors, and such other officers as they 
may see fit to choose and appoint. And the Cash- 
ier, before he enters upon the duties of his office, 
shall give bond, with sureties to the satisfaction of cashier to gwe 
the Board of Directors, in a sum not less than ^'""^" 
twenty thousand dollars, with condition for the 
faithful discharge of the duties of his office. 

Sec. 5. Be it further enacted. That the Common- 
wealth shall have a right, whenever the Legisla- nK^^SSc 
ture shall make a provision therefor by law, to sub- 
scribe, on account of the Commonwealth, a sum 
not exceeding fifty thousand dollars, to be added 
to the Capital Stock of said Corporation, subject 
to such rules, regulations and provisions, as to the 
management thereof, as shall be by the Legisla- 
ture made and established. 

Sec. 6. Be it further enacted. That whenever 
the Commonwealth shall subscribe to the Capital 
Stock of the Corporation, in manner herein before 



28 NASHUA RIVER BANK. June 11, 1828. 

provided for, in addition to the Directors by law to 
be chosen by the Stockholders, the Legislature 
Legislature to ^^^^^ ^ave a right, from time to time, to appoint a 
appoin'Ja'iit.mber i^^mber of DirectoTS to said Bank, in proportion as 
of Directors. tjje suoi paid from the treasury of the Common- 
wealth shall bear to the whole amount of stock ac- 
tually paid into said Bank, if at any time hereafter 
thej^ shall see fit to exercise that right. 

Sec. 7. Be it further enacted, That the said Cor- 
poration shall be liable to pay any bona fide hold- 
er, the original amount of any note of said Bank, 
counterfeited or Counterfeited or altered, in the course of its circu- 

altered notes. ,. , -iiji- ii 

lation, to a larger amount, notwithstanding such al- 
teration, and shall also be liable to pay any bona 
fide holder the amount of any note of said Bank, 
counterfeited, unless all the notes actually issued 
by said Corporation shall be printed or impressed 
with the stereotype plate. 

Sec. 8. Be itfu7^ther enacted, That the said Cor- 
poration, from and after the first day of December 
next, shall pay, by way of tax, to the Treasurer of 
Tai the Commonwealth, for the use thereof, within ten 

days after the first Monday of April and October 
annually, the half of one per centum on the amount 
, of stock which shall have been actually paid in. 

Sec. 9. 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 

Capita! Stock not j_\ i x> t ^ • i\ • i r /> 

traWerred, ^c. thefeto, lor and during the period oi one 3'ear from 
the passing of this act, and in case the said Bank 
shall not be put into operation, according to the 

^Charter when p^ovisions thereof, within the year aforesaid, then 
this act shall be void. 

Sec. 10. Be it further enacted, That the said 
Bank shall be established and kept in the town of 

Location, «-c. Fitchburg ; and no loan or discount shall be made, 
nor shall any bill or note be issued by said Corpo- 
ration, or by anv person on their account, in any- 
other place than at the Bank aforesaid : and said 
Corporation shall not, at any place, directly or in- 



NORTH BANK. ' June 11, 1828. 29 

directly, purchase, receive, pay, or exchange any 
bill or note of said Bank, or of any other Bank in- 
corporated within this Commonwealth, for any less 
sum than the nominal value expressed in such bill 
or note. 

Sec. 11. Be it fitrther enacted, That any Com- 
mittee, specially appointed by the Legislature, 
for that purpose, shall have a right to examine in- 
to the doings of said Corporation, and have free ^fte^'|o%x^: 
access to all their books and vaults, and if, upon '"«'*"=• 
such examination, it shall be found, and after a full 
hearing of said Corporation thereon, be determin- 
ed by the Legislature, that said Corporation have 
exceeded the powers herein granted them, or fail- 
ed to comply with 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, June 11, 1828.] 



CHAP. XX. 

An Act in addition to an Act, entitled " an Act to 
incorporate the President, Directors and Compa- 
ny of the North Bank." 

Sec. 1. -OE zY etiacted 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 North Bank, be and M^y increase 
hereby are authorised to increase their present <^''p"a»-"o<=''* 
Capital Stock by an addition thereto of two hun- 
dred and fifty thousand dollars, in shares of one 



30 MERCHANTS BANK. June 11, 1828. 

hundred dollars each, which shall be paid, in such 
instalments, and at such times, as the Directors of 

Proviso. said Bank may direct and determine. Provided, 

nevertheless, that the whole amount of said ad- 
ditional capital shall be paid into said Bank within 
one year after the passing this act. ^nd provided 
further, that before the said Corporation shall pro- 
ceed to do business upon any part of said additional 

Certificate to be Capital, a Certificate signed by the said President 

fi'^s office! "^^' ^^^ Directors, and verified by the oath of the Cash- 
ier that such part thereof has actually been paid 
into said Bank, shall be filed in the office of the 
Secretary of this Commonwealth. 

Sec. 2. Be it further enacted, That the addition- 
al Stock aforesaid shall be subject to the same 
fubject to the taxes, regulations, restrictions, and provisions as the 

same tax, 4^c. present Capital Stock of said Corporation is now 
liable to by virtue of the act to which this is an 
addition. 

[Approved by the Governor, June 11, 1828.] 



CHAP. XXI. 

An Act in addition to an Act, entitled " an Act to 
incorporate the President, Directors and Compa- 
ny of the Merchants' Bank." 

aSE 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 
act to which this is in addition as requires that 
fifty per centum of the Capital Stock of said Cor- 



INDIA BANK. June 11, 1828. 31 

poration shall be paid in, on or before the first day 
of July next, be and the same hereby is repealed ; 
— and that the payment of the said fifty per cent- 
um of said Capital Stock may be made at any time 
on or before the first day of September next. 

[Approved by the Governor, June 11, 1828.] 



CHAP. XXII. 

An Act in addition to an Act, entitled " an Act to 
incorporate the President, Directors and Compa- 
ny of the India Bank." 

jjE it enacted by the Senate and House 
of Hepresefitatives, in General Cotirt assembled^ 
and by the authority oj the same, That so much of 
the act to which this is in addition, as requires that 
one fourth part of the Capital Stock of said Corpora- 
tion shall be paid in, on or before the first day of 
June, one thousand eight hundred and twenty 
eight, be, and the same hereby is, repealed ; — and 
that the payment of the said one fourth part of said 
Capital Stock may be made at any time on or before 
the first day of September next. 

[Approved by the Governor, June 11, 1828.] 



32 



FIRST CHR. UN. SOC. IN SAL. June 11, 1828. 



Persons incorpo. 
rated. 



power to assess. 



CHAP. XXIII. 

An Act to incorporate the First Christian Union 
Society in Salem. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives, in Ge?ieral Court assetnbled, and 
by the authority of the same^ That Joseph Sibley, 
John Masury, Jonathan C. Taylor, Michael Shep- 
herd, vSamuel Randall, Judah Dodge, Thomas F, 
Beckford, Seth Rogers, John Fausell, James Ball, 
William Stevens, and all other persons who now 
are, or hereafter may become proprietors of and in 
the Christian Union Chapel, lately erected in Salem, 
in the County of Essex, of which the Reverend Ab- 
ner Jones is the Pastor, their successors and assigns, 
be, and they hereby are incorporated as a Religious 
Society, by the name of " the First Christian Union 
Society in Salem," with all the privileges, powers 
and immunities, and subject to all the duties and 
liabilities, to which parisiies and other religious so- 
cieties are entitled and subjected, by the constitu- 
tion and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the said so- 
ciety shall be capable in law to take, hold, possess, 
manage and dispose of any estate, real and person- 
al, for the use of said society ; Provided, the an- 
nual income thereof thall not exceed, at an}'^ time, 
the sura of three thousand dollars. 

Sec. 3. Be it further enacted, That at all the 
meetings of the said society, the proprietor or 
proprietors of the pews, shall be entitled to vote 
in such manner as shall be agreed upon by the 
by laws and regulations of said society. 

Sec 4. Be it further enacted. That the said so- 
ciety shall have full power and authority, at any 
meeting duly called for that purpose, to assess on 



FIRST CHR. UN. SOC. IN SAL. June 11, 1828. 33 

the pews in the said Chapel, all such taxes as they 
may deem expedient for the maintenance of pub- 
lic worship, and the repairs of said Chapel, and for 
all other parochial charges and expenses, according 
to the relative value of the said pews, pursuant to 
the valuation made of the same, and the taxes so 
assessed shall be a lien on the same pews respect- 
ively ; and in case of the nonpayment of the said 
taxes, the said pew or pews respectively, on which ^asTof^n'^n^V" 
the same shall be assessed, shall be forfeited to the ""ent, 4-0. 
said societ}^ and may be sold and conveyed in such 
manner, and pursuant to such regulations, as the 
said society shall, hy their by-laws provide and es- 
tablish. 

Sec. 5. Be it Jurther enacted^ That there shall 
be an annual meeting of the said society, on the . 

f n/ii r n./T • 1 Annual meeting 

first Monday or May m every year, unless some -<^ffi""' *'• 
other day shall be prescribed by the by laws and 
regulations thereof, at which meeting the said so- 
ciety may choose their ollicers, who shall hold their 
offices during one year, and until others are chosen 
in their stead, and may also raise and assess taxes, 
and exercise all and any other powers, which un- 
d( r this act of incorportion, the said society are en- 
titled at any time to exercise. 

Sec. 6. Be it further enacted. That this act may ^^. , . 

Ill "^11 1111 c T^hisact may be 

be altered, amended or repealed at the pleasure 01 altered, to. 
the Legislature. 

[Approved by the Governor, June 11, 1828.] 



34 



IN. E. SOAP STONE CO. 



June 11, 1828. 



Persons incorpo- 
rated. 



Estate. 



First meeting. 



CHAP. XXIV. 

An Act to incorporate the New England Soap 
Stone Company. 

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 
Greenwood, Sewall Kendall and Joseph Tilden, 
and their associates, successors and assigns, shall 
be, and hereby are, created a corporation, by the 
name of the New England Soap Stone Company, 
for t!ie purpose of manufacturing Soap Stone, in 
the City of Boston in the County of Suffolk, and 
for this purpose shall have all the powers and privi- 
leges, and be subject to all the duties and require- 
ments contained in an act passed on the third day 
of March in the year of our Lord one thousand 
eight hundred and nine, 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- 
poration may be lawfully seized and possessed of 
such real estate, not exceeding the value of five 
thousand dollars, and such personal estate, not ex- 
ceeding the value of twenty thousand dollars, as 
may be necessary and convenient for conducting 
the manufacture aforesaid. 

Sec. 3. Be it further enacted. That trie said John 
Greenwood, be authorised to call the first meeting 
of said Company, by givins; notice thereof, in one 
of the newspapers printed in Boston, seven days 
before such meetinji. 



[Approved by the Governor, June 11, 1828.] 



FIRST UNI. MEET. IN LOW. June 12, 1828. 35 



CHAP. XXV. 

An Act to incorporate the Proprietors of the First 
Universalist Meeting House in Lowell. 

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 Bassett, Persons; incorpo. 
John Andrews and James Price, and others, who 
have associated, or may hereafter associate with 
them for the purpose of building a Meeting House, 
their successors and assigns, be, and they are here- 
by made a corporation and body politic, by the 
name of the Proprietors of the First Univ^ersalist 
Meeting House in Lowell, and by that name may 
sue and be sued, and may have a common seal, May s„e and be 
and may also ordain and establish sucii by laws and •^'j;"*-'>^^« ■«»'' 
regulations as to them shall seem necessarj'^ and 
convenient for the government of said corporation, 
provided such by laws and regulations shall not ptovmo. 
be repugnant to the Constitution and laws of this 
Commonwealth 

Sec. 2. Be it further enacted, That the said cor- 
poration may purchase and hold real estate, the Estate. 
annual income of which, exclusive of the Meeting 
House and the land under the same, shall not ex- 
ceed 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 hun- 
dred, and may make and impose all necessary as- 
sessments on such shares. 

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 
days after the same shall be made payable, the said 
Treasurer is hereby authorised to sell at public ven ^la^e^fn^w *of 
due the share or shares of such delinquent propri- iewmJuuf*^^.^ 



36 FIRST UNIV. MEET. IN LOW. June 12, 1828. 

etor, after posting notice of the time, place and 
cause of such sale, at two or more public places 
in Lowell, and also on said meeting house door, 
whenever such house shall have been erected, at 
least thirty daj^s previous to such sale, to execute a 
deed or deeds thereof to the purchaser or purcha- 
sers, and, after deducting the amount of such delin- 
quent's assessment, together with legal interest 
thereon, from the time the same was payable, and 
necessary incidental charges, the said Treasurer 
shall pay the surplus, if any there be, to such de- 
linquent proprietor ; or the said Treasurer may 
sue and prosecute to final judgment and execution 
an}^ such delinquent proprietor, for any tax or as- 
sessment due and [)ayable on any share or shares 
of such delinquent proprietor. 

Sec. 4. Be it further enacted^ That there shall 

be an annual meeting of said ])roprietors, after the 

present year, on the second Monday in March, at 

which they shall elect by ballot, a President, Clerk, 

i^bofJe^roffi! Treasurer, and five Trustees, of whom the Presi- 

cer»-votes,&c. ^^gjjj. g|^jj]| |^g ^^^ . j^^^^j |^|jg Treasurcr and Clerk, 

shall be sworn to the faithful discharge of their re- 
spective trusts, and at such meeting, each proprie- 
tor, or his agent duly authorised in writing, shall be 

ProTi.0. entitled to as many votes as he holds shares : Pro- 

vided^ that no one person shall be entitled to more 
than ten votes. 

Src. 5. Be it further enacted^ That it shall be 

cierk'Bduty. the duty of the Clerk of said corporation to keep 
a record of all the proceedings of said corpora- 
tion, and of all shares and transfer of shares there- 
on, and to grant certificates thereof to said propri- 
etors ; and the shares may be transferred under the 
hand and seal of the proprietors on the back of such 
certificate. 

This act may be Sec. 6. Bc it further enacted^ That the Legis- 

aitered.ic. jaturc may hereafter, at any time, alter or repeal 
this act. 

[Approved by the Governor, June 12^ 1828.] 



S. READING ACADEMY. June 12, 1828. 37 



CHAP. XXVI. 

An Act to incorporate the Trustees of South Read- 
ing Academy, in the County of Middlesex. 

Sec. 1. L>E 2Y enacted by the Senate and House 
of Representatives, i?i General Court assembled, and 
by the authority of the same. That Gustavus F. Da- 
vis, Burraoje Yale, Lemuel Sweetser, Nathan Rich- 
ardson, Lille}- Eaton, Cyrus P, Grosvenor, James 
D. Knowles, Howard Malcom, Nathaniel R. Cobb, S"' '°'*"'*°" 
Henry Jackson, James Loring, Lucius Bolles, Ru- 
fus Dabcock, Jr. George Leonard, Michael Webb, 
Jr. Arthur Drinkwater, Charles O. Kimball, Bela 
Jacobs, John E. Weston, Samuel S. Mallor\% and 
their associates, be and hereby are, created a cor- 
poration, by the name of the Trustees of the South 
Reading Academy, in the County of Middlesex ; 
and that they, and their successors, shall be and 
continue a body politic and corporate by the same 
name. 

Sec. 2. Be it further enacted. That all the mon- 
ies, lands or other property which shall be given, 
granted, devised or bequeathed to the said Trustees, ^^Z^' ^o^rr^- 
for the purpose of establishing or maintaining said "'^^■ 
institution, shall be, and hereby are, confirmed to 
the said trustees, and their successors in that trust, 
forever ; and the said Trustees may have and hold 
any estate, real or personal, provided the same shall Estate. 
not exceed in value the sura of thirty thousand dol- 
lars, and shall apply the rents, interest and income 
thereof, in such manner as they shall judge most 
proper to effect the purposes of the said corpora- 
tion. 

Sec 3. Be it further enacted, That the said Trus- 
tees for the time being, or a major part of them, 



38 S. READING ACADEMY. June 12, 1828. 

Trnsteci to fill shall have the power to fill all vacancies in said 

Tacancies, elect . • , . i i r 

Instructors, S(c. corpoFation, to elect such instructors and other oi- 
ficers of said Academy as they shall judge neces- 
sary and convenient, and fix the tenure of their re- 
spective offices ; to prescribe the ])o\vers and du- 
ties of the said instructors and officers, and to make 
and ordain reasonable rules, orders and by-laws, 
with reasonable penalties, for the jrovernment of 
said Institution, provided tlie same be not repug- 
nant to the Constitution and laws of this Common- 
wealth. 

Sec. 4. Be it further enacted^ That the said cor- 
poration may have a common seal, which they may 
at pleasure break or renew, and that all deeds, seal- 

«'c. ' ed with such seal, and signed, delivered, and ac- 

knowledged by the Secretary or Clerk of said cor- 
poration, by order of said trustees, shall be good 
and valid in law ; and the said corporation may 
make contracts, sue and be sued in all actions, and 
prosecute and defend the same to final judgment 
and execution. 

Sec. 5. Be it further enacted, That Burrage Yale, 

or any other Justice of the Peace for the County 

of Middlesex, be and hereby is authorised to fix 

ITS meemg, ^j^^ time aud place for holding the first meeting of 

said trustees, and to notify them thereof. 

Sec. 6. Be it further enacted, That the Legisla- 

This act may be turc may, at any time hereafter, alter or repeal 

altered, *c, , . . , -^ ' '' ' ^ 

this act. 

[Approved by the Governor, June 12, 1828.] 



GREENFIELD ACADEMY. June 12, 1828. 39 



CHAP. XXVII. 

An Act to incorporate the Greenfield Academy for 
Young Ladies. 

Sec. 1. JdE it etiacted by the Senate mid Hou'^e 
of Representatives, in General Court assembled^ and 
by the authority of the same. That Elijah Alvord, 
Ansel Phelps, Daniel Wells, Elijah A. Gould, Ce- 
phas Root, George Grennell, Jr. William Elliot, Jr. 
Albert Jones, Isaac Newton, Isaac Newton, 2d. S."" *"*'°'^°' 
Henry Chapman, Sylvester Allen, Amasa Barrett, 
William Wilson, Horatio G. Newcomb, Nathaniel 
E. Russell, Richard Catlin, Alanson Clark, John J. 
Pierce, Ambrose Ames, Helaz Alvord, Henry Jones, 
Spencer Root and Franklin Ripley, topjether with 
such persons as may hereafter associate with them, 
and their successors and assigns forever, be, and 
the}' hereby are incorporated and made a body 
politic, by the name of the Proprietors of the 
Greenfield Academy for Young Ladies, and by that 
name may sue and be sued, and shall be invested Powprtosueand 
with all the powers, privileges and immunities to '"''**"**'• 
which other similar Corporations in this Common- 
wealth are by law entitled, and shall be capable of 
holding in fee, such estate, real and personal, ob- 
tained by grant, donation or purchase, as they shall 
find necessary for the establishment and operation 
of the Academy aforesaid, and the same to grant, 
sell and conve}', in fee simple or otherwise, as the 
proprietors shall determine, provided that the whole 
estate of said Corporation shall not exceed twenty 
thousand dollars : Provided, hoivever, that no pro- 
prietor shall have more than ten votes. 

Sec. 2. Be it further enacted, That the said Pro- 
prietors shall be authorized to elect annually, any 



40 GREENFIELD ACADEMY. June 12, 1828. 

Proprietors to e- numbcr of pcrsonSjiiot less than five, nor more than 
other officers.*"'^ fifteen, who shall be Trustees of said Academy, and 
continue in office for one year, and until others are 
chosen in their stead, and accept the trust, and al- 
so to choose annually, who shall continue in office 
as aforesaid, a Clerk, Treasurer, and such other offi- 
cers as they shall think proper. The said Trustees 
shall have the general management of the proper- 
ty and concerns of the Corporation. In the choice 
of Trustees, and at all meetings of the proprietors, 
each proprietor shall be authorised to vote accor- 
ding to the number of his shares, in the same pro- 
portion that Stockholders of Banks are. 

Sec. 3. Be it further enacted^ That the said pro- 
prietors shall be authorised to agree upon the mode 
Bhlres"^*"'"^ ''^ of transferring shares; and the shares of each pro- 
prietor shall be a pledge to the Corporation for the 
payment of all instalments that may hereafter be- 
come due. 

Sec. 4. Be it further enacted, That any two of 
the persons above named, be hereby authorised to 
call the first meeting of the proprietors, by adver- 
First meeting, tising scven days previous, in some public newspa- 
per printed in Greenfield, at which meeting, or at 
an}' other meeting duly warned and holden, said 
proprietors may agree upon the .mode of calhng 
future meetings, and adopt a system of by-laws 
not inconsistent with the laws of this Common- 
wealth. 

Sec. 5. Be it further enacted^ That the Legisla- 
MteredtV?.*'"'" ture may, at any time hereafter, alter or repeal 
this act. 

[Approved by the Governpr, June 12, 1828.] 



HOOSAC MOU. TURN. COR. June 12, 1828. 41 



CHAP. XXVIII. 



^ 



An Act, in addition to an Act, entitled " An Act to 
establish the Hoosac Mountain Turnpike Corpo- 
ration," 

Sec. I. 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 said Corporation be, 
and they hereby are, discharged from making that "g^^^s^^.^^f 
part of the road embraced in their act of incorpo- 
ration, which lies east of the line dividing the Coun- 
ty of Franklin from Berkshire, and also that part 
of said road which lies west of the line dividing the 
Town of Adams from Florida ; Provided, the Coun- Proviso. 
iy Commissioners for the Counties of Berkshire 
and Franklin will lay out and construct the part of 
said road abovementioned which lies within their 
respective Counties, agreeably to the power vested 
in them by law, to lay out public highways. 

Sec 2. Be it further enacted, That instead of the 
rates of toll provided in the act to which this is in 
addition, the said Corporation shall be authorized 
to demand and receive of every person travelling 
on said road, the following rates of toll ; to wit, for Rates of ton 
every coach, phaeton, or other four wheel spring 
carriage, drawn by two horses, forty cents ; for 
each additional horse, ten cents ; for each cart 
or wagon, drawn by two oxen or horses, twenty 
cents; for each additional horse or ox, ten cents ; 
for each curricle, twenty-five cents; for each chaise, 
chair or sulky, twenty-five cents ; for all four wheel 
carriages, drawn by one horse, twelve and a half 
cents ; for each sleigh or sled, drawn by t^vo oxen 
or horses, twenty cents ; for each additional ox or 
6 



42 WIDOWS' SOCIETY IN BOS. June 12, 1828. 

horse, five cents ; for each sleigh, sled or cart, 
drawn by one horse, twelve and a half cents ; for 
each man and horse, ten cents ; for cattle, horses 
and mules in droves, one cent each ; for sheep and 
swine at the rate of four cents by the dozen ; — Pro- 
vided., however, that the said Corporation may com- 
mute the above rates of toll with any person, by 
taking a certain sum annually, to be mutually a- 
greed on. 

[Approved by the Governor, June 12, 1828.] 



Proviso. 



CHAP. XXIX. 

An Act to incorporate the Widows' Society in Bos- 
ton. 

Sec. 1. JlSE it enacted by the Senate and House 
of Representatives, in General Court assembled, 
atid by the authority oj the same. That Mehitable 

Persons incorpo. ^niorj^ and her associates, and those who may be- 
come associated with her, be and they hereby are 
incorporated into a Society by the name of the 
Widows' Society in Boston ; and by that name, 
they and their successors shall be a Corporation 
forever, for the purpose of relieving poor and in- 
firm widows, and single women, of good character, 

beS^icf^"** with power to sue and be sued, to make, appoint, 
and have, a common seal, and the same to alter at 
pleasure ; to make by-laws for the government and 
advancement of said society, not repugnant to the 
Constitution and laws of this Commonwealth ; and 
they are hereby licensed and empowered to make 



WIDOWS' SOCIETY IN BOS. June 12, i828. 43 

purcliases, and to receive grants, devises, and dona- 
tions of real estate, and the same to improve, lease, 
excliange. or sell and convey, for the benefit of said 
society : Provided, that the value of the real estate ^^^^,^, 
of said society shall not exceed twenty thousand 
dollars, and the annual income of the whole estate, 
I'fc'J and personal, shall never exceed five thousand 
dollars. 

Si.o. 2. Be it further enacted. That the said Soci- 
ety shall meet wmually, in Boston, at such time as 
by their by-laws shall be designated, and elect, by 
ballot, a Board of Maimgers. consisting of a first, Board of Mana- 
second and third Directress, a Secretary, a Treas- ^"*' **'" 
urer, and a Committee of twelve Ladies. 

Sec. 3. Be it further e?iacied, That the said Me- 
hitable Araor}^ be, and she hereby is authorised, 
by {)ublic notice in two of the Boston newspapers, 
to call the first meeting of said Corporation, at such fihi meeting, 
time and place as she shall judge proper, at least 
three days before the time of the meeting ; at 
which meeting, the said Corporation shall have all 
the power vested in them at their annual meeting, 
but the officers then chosen shall not continue in 
office longer than the next annual meeting there- 
after. 

Sec. 4. Be it further enacted, That this act may ™ndedTi^''* 
be amended or repealed at the pleasure of the Le- 
gislature. 

[Approved by the Governor, June 12, 1828.] 



44 LIGHT HOUSES. June 12, 1828. 



CHAP. XXX. 

An Act to cede to the United States the jurisdir 
tion of sites for Light Houses on ButPpiinp; 
Rock, Nobsque Point, and at tlie entrance of Et3' 
gartown harbour. 

Sec. 1. JlJe it enacted hy the Senate and House 
of Repy-esentatives^ in General Court assembled., and 
by the authority of the same., That the jurisdiction 
of Dumpling Rock in Buzzard's Bay, be and here- 
by is orranted to the United States of America, for 
the purpose of erecting a Light House on the same ; 
Proviso- Provided., that this Commonwealth shall retain, 

and does hereb}^ retain a concurrent jurisdiction 
with the United States, in and over the said Rock, 
so far as that all civil and criminal processes, issu- 
ed under the authority of this Commonwealth, or 
any officer thereof, may be executed on any part 
of said Rock, or in any building which may be erec- 
ted thereon, in the same way and manner, as if the 
jurisdiction had not been granted as aforesaid. 

Sec. 2. Be it further e?iacted, That the United 
States of America may purchase any tract of land. 

United States ,. _ -^ ' j • i i ii i p i 

may purchase not cxcceding lour acres, which shall be lound ne- 
point. cessary for the Light House, authorized by Con- 

p;ress to be built on Nobsque Point, in the town of 
Falmouth, and may hold the same during the con- 
tinuance of the use and appropriation aforesaid, re- 
serving to this Commonwealth concurrent jurisdic- 
tion with the United States in and over the said 
land, in manner and form as set forth in the first 
section of this Act, 

Sec. 3. Be it further enacted, That the United 
la^^^onTa^tsTf Statcs of Auienca may purchase any tract of land, 
Edgattown har. jjq|. excccding four acres, which shall be found ne- 



TOPSFIELD ACADEMY. June 12, 1828. 45 

cessary for the Light House and Pier, authorized 
by Congress to be erected on the flats at the en- 

tranoo of Eclc^nrto-vvin Lixrbour, and may hnlfi thc 

same during the continuance of the use and appro- 
priation aforesaid, reserving to this Commonwealth 
concurrent jurisdiction with the United States in 
and over the said land, in manner and form oo *--«• 
forth in the first seciion of this Act : Provided, Proviso. 
that all persons who shall dwell upon either of said 
tracts of land, the jurisdiction of which is hereby 
granted to the United States, shall be deemed and 
taken to be inhabitants of the town in which said 
land may be situated, and shall there do the same 
duties and have and enjoy thc same privileges as 
other inhabitants of such town, saving that they 
shall not be liable to serve as jurors, or perform 
military duty. 

[Approved by the Governor, June 12, 1828.] 



CHAP. XXXI. 

An Act to incorporate the Proprietors of Topsfield 
Academy. 

Sec. 1. XjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Nehemiah Cleave- 
land, Samuel Hood,Billy Emerson, Jacob Towne,Jr. 
Isaac Killam, Moses Wildes, Samuel Gould, Fred- ^^^^^ ^^^^'^ 
erick J. Merriam, John Rea, Jr. William N. Cleave- 
land, Jeremiah Stone, Moses Wright, Edward Hood, 
Nathaniel Perley, together with such other persons 



46 TOPSFIELD ACADEMY. June 12, 1828. 

as are now, or hereafter may be associated with 
them, and their successors and assigns, shall be a 

Corporation, by tho nanao of tho r>»op»-;otora of 

Topsfield Academy ; and by that name may sue 
May sue and be aud bc sucd, plcad and be impleaded, to final judijj- 
sued, 4^c. ^^^^ ^^^ execution, and may have a common seal, 
nnd mav purchase and hold any real or personal 
estate, not exceeamg imrty tnousand dollars in val- 
lie, and may, at any legal meeting, make and estab- 
lish rules, orders and by-laws, for the well ordering 
and governing the affairs of said Corporation, pro- 
vided the same are not repugnant to the laws of 
this Commonwealth ; and may annex penalties for 
the breach of any such rules, orders or by-laws ; 
and the said Corporation are hereby vested with 
all the powers necessary for carrying into effect 
the purposes of this act. 

Sec. 2. Be it further enacted^ That the property 
Property to be di- ^^ ^^^^ Corporation shall be divided into shares, 
-''?opHet*ors"to ^^^ ^^c proprictors of said shares, at any legal 
SInts ^c!*^' meeting, may make assessments upon the shares, 
for the use of said Corporation, and the same col- 
lect, in such way and manner as may be agreed 
upon ; and all votes shall be determined by a ma- 
jority of the voters present, counting one vote for 
each share, provided no one member, in his own 
right, shall have more than ten votes ; and the 
shares of any proprietor, who shall be delinquent 
in paying any assessment, ma}^ be sold at auction 
for the payment thereof, by the person appointed 
to collect the same, giving due notice of the time 
and place of sale, and after paying the assessments, 
and all the necessary incidental charges, the over- 
plus money, if any, arising from the sale, shall be 
paid to the delinquent proprietor ; and the shares 
in said Corporation shall be deemed personal es- 
tate, and the proprietors may establish the manner 
of transferring the same. 
Corporation may ^^c. 3. Be it further eHttcted, That said Corpo- 
appoint officers, j-ation iiiay appoint all such necessary officers, and 



CHANGE OF NAMES. June 12, 1828. 47 

with such authority, as by their by-laws they may 
establish, for the due management of its affairs, 
and the regulation of the school. 

Sec. 4. Be it further enacted^ That the said Ja- 
cob Towne, Jr. may call the first meeting, and ap- First meetuif 
point the time and place thereof: Provided^ never- Provm. 
theless, that nothing in this act shall be so constru- 
ed as to prev«int the Legislature from altering or 
repealing it, at any time hereafter. 

[Approved by the Governor, June 12, 1828.] 



CHAP XXXH. 

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

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, the several persons herein 
named shall be called and known by the names 
they are herel)y respectively allowed to assume, 
and the same shall be deemed their onl}^ proper and 
legal names, viz : — That Nathaniel Johnson Rob- ^a«nes changed. 
bins Sumner, of Rutland, in the county of Worces- 
ter, may take the name of Robbins Sumner; that 
Jacob E. H. Richardson may take the name of 
Charles Elnathan Hammond Richardson ; that Ai 
Andrews may take the name of Alfred Ai Andrews; 
that Thomas H. Bennett may take the name of 
Henry Joseph Pickering, all of the city of Boston, 
in the county of Suffolk ; — that Josiah Worcester, 



4a CHANGE OF NAMES. June 12, 1828. 

of Cambrid2;e, may take the name of Frederick 
Augustus Worcester; that Charles Parkhurst, of 
Framingham, may take the name of Charles Thurs- 
ton Parkhurst ; that Martha Roulstone, of Charles- 
town, may take the name of Martha Teel, all of the 
county of Middlesex ; that Lydia Osgood of Salem, 
may take the name of Sarah Southwick Osgood ; 
that Lydia Stocker, of Salem, may take the name 
of Mary Stocker ; that Edward" A. Lummus, of 
Lynn, physician, may take the name of Edward L. 
Coffin ; that Joseph Dagget, of Newburyport, may 
take the name of Joseph Brainerd ; thatEdnah Dag- 
get, wife of said Joseph, may take the name of Ed- 
nah Brainerd ; that Nathan Haskell Dagget, a minor 
son of said Joseph Dagget, may take the name of 
Edward Haskell Brainerd ; and that Samuel Dag- 
get, Joseph Dagget, Charles Henry Dagget, Amos 
Hale Dagget, other minor sons of said Joseph 
Dagget, may severally take the surname of Brain- 
erd ; that William Bodwell, jr. of Anilover, may 
take the name of Hiram Bodwell ; that Caroline 
Swett, of Newburyport, may take the name of 
Caroline Rebecca Swett, all of the county of Essex; 
— that Justis F. Hawes, of Worcester, may take 
the name of Milton J. Adams ; that Asa Whitcomb, 
2d, of Bolton, may take the name of Edwin A. 
Whitcomb; that Prudence Barker Howe, of Bolton, 
may take the name of Ellen B. Howe, all of the 
county of Worcester ; — that Tr3'phena Trumbull, 
of South Hadlej^, may take the name of Mary 
Trumbull ; that Ezekiel Cheever Whitman, of Go- 
shen, may take the name of Ezekiel Cheever, both 
of the county of Hampshire; — that Brownell Lit- 
tle, of Westport, a minor son of Nichols Little, 
may take the name of John Brown Little ; that 
Warden Babcock, of Troy, may take the name of 
John Warden Adams, and that the minor children 
of said Warden Babcock, viz. Hiram Martin 
Babcock, John Quincy Babcock, and Mary Bab- 
cock, may take the surname of Adams, instead of 



FALL RIVER MAN. CO. Jtme 12, 1828. 49 

Babcock, all of the countv of Bristol ; — and that 
Samuel Hudson Billings, of Roxhurv, may take the 
name of Chailcs Ueun Billinos; that IMoses Tap- 
pan, of Hanover, in the county of Plymouth, may 
take the name of James Moss Tappan ; that 
George Barney, of Nantucket, in the county of 
Nantucket, may take the name of George H. Bar- 
ney. 

[Approved by the Governor, June 12, 1828.] 



CHAP. XXXIII. 

An Act in addition to an Act, entitled "An Act to 
incorporate the Fall River Manufacturing Com- 
pany." 

1> B it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That tlie Fall River 
Manufactory may hoM property not exceeding one 
hundred thousand dollars in real estate, and one 
hinidred thousand dollars in personal estate, in ad- 
dition to the sum it is now authorised by law to 
hold. 

[Approved by the Governor, June 12, 1828.] 



50 



REVERE COPPER CO. 



June 12, 1828. 



Persons Incorpo- 
raiuU. 



Estate. 



First meeting. 



CHAP. XXXIV. 

An Act to incorporate the Revere Copper Compa- 
ny. 

Sec. 1. 13E 27 enacted by the Senate and House 
of RepresentativesAn General Cour' assembled, and 
by the authority of the same, lliat Joseph VV. Re- 
vere, and Freilerick W. Lincoln, toijether with 
such others as ma}' hereafter be associated with 
them, and their successors, he, and tliey are hert-by 
constituted and made a corj)oration, by the name 
of" the Revere Copper Company, for the purpose 
of manufactnrino; copper into any form, wliereof 
copper constitutes tlie whole, or a component part, 
in the Town of Canton; and, for that purpose, 
shall have all the powers and privileges, antl also 
be subject to all the duties and reqtiirements, pre- 
scribed and contained in an act passed the third 
day of Mart-h, in the year of our Lord one tiiou- 
snnd ei2;ht hundred and nine, entitled " An Act de- 
finino; the gener 1 powers and duties of Manufac- 
turing Cunjpanies," and the several acts in addition 
thereto. 

Sec 2. Be il further enacted^ That the said cor- 
poration n)ay he lawfully seized and possessed of 
such real estate, not exceeding t!»e value of one 
hundred thousand dollars, and such personal es- 
tate, not exceeding the value of one hundred and 
fifty thousand dollars, as may be necessary or con- 
venient for carrying on the business of said corpo- 
ration. 

Sec 3. Be it further enacted^ That either of the 
persons named in this act, be, and either of said 
persons hereby is, authorised, to appoint the time 
and place for holding the first meeting of said cor- 
poration, giving ten days notice thereof, either by 
personal notice or otherwise. 

[Approved by the Governor, June 12, 1828.] 



LAWS 



COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 

AT THEIR SESSION WHICH COMMENCED ON WEDNESDAY, THE SEVENTH 

OF JANUARY, AND ENDED ON WEDNESDAY, THE FOURTH OF MARCH, 

ONE THOUSAND EIGHT HUNDRED AND TWENTY NINE. 



CHAP. XXXV. 



An Act in addition to an Act, entitled an Act to 
establish the Pontoosac Turnpike Corporation. 

JrjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same^ That the said Pon- 
toosac Turnpike Corporation, shall have power in 
the laying out, and construction of their road, so to 
change the route described in their Act of Incor- S' *"* '"*"** 
poration, as to pass from the easterly part of 
the town of Pittsfield, in the best course, through 
parts of any or all of the towns of Washington, 
Hinsdale, Middlefield, and Becket, to a point near 
the mouth of Mill Brook, any thing in the Act to 
which this is in addition to the contrary notwith- 
standing. 

[Approved by the Governor, January 22, 1829.] 
8 



Person! incorpo* 



54 SALEM FED. ST. BREWERY. Jan. 22, 1829. 



CHAP. XXXVl. 

An Act to Incorporate the Salem Federal Street 
Brewery. 

Sec. iJ-Se it enacted by the Senate and House 
of Representatives in General Court assembled.^ and 
by the authority of the same. That William Brown, 
Pierce L. Wiggin, William P. Endicott, William P. 

"ted! ' Lander, E. W. Farrington, Stephen W. Shepard, 

James Perkins, Richard Savory, Isaac P. Foster, 
John Howard, Jr. David Perkins, their associates, 
successors and assigns be, and they are hereby 
made a Corporation, by the name of the Salem Fed- 
eral Street Brewery, for the purpose of Manufac- 
turing Malt Liquors in the town ef Salem, in the 
County of Essex, and for this purpose shall have 
all the powers and privileges, and be subject to all 
the duties and reqinremenls 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 sev- 
eral Acts in addition thereto." 

Sec. 2. Be it further enacted, That the said 
Corporation may be lawfully seized and possessed 

pstatfl ^^ such real estate, not exceeding the value of 

twenty thousand dollars exclusive of improvements, 
and such personal estate, not exceeding the value 
of thirty thousand dollars, as may be necessary 
and convenient for carrying on the manufacture 
aforesaid. 

Sec. 3. Be it further enacted, That any one or 
more of the persons mentioned in this Act, be, and 
hereby are authorized to appoint the time and 

First meeting place of holdiug tho first meeting of said Corpora- 



N. E. P. FLOOR CLOTH CO. Jan. 22, 1829. 55 

lion, and to notify them thereof, either by personal 
notice or by an advertisement in some newspaper 
in said town of Salem, to be published at least ten 
days before the time of said meeting. 

[Approved by the Governor, January 22, 1829] 



CHAP, xxxvn. 

An Act to incorporate the New-England Painted 
Floor Cloth Company. 

Sec. 1. UE it efiacted by the Senate a?id House 
of Representatives in General Court assembled, and 
by the authority of the same, That Samuel Per- f^YeT"""'^"' 
kins, Thomas llandasyd Perkins, William Perkins, 
and William Howard Gardner, their associates, 
successors and assigns, be, and they hereby are 
made a Corporation, by the name of the New-Eng- 
land Painted Floor Cloth Company, for the pur- 
pose of manufacturing Painted Floor Cloths, at 
Roxbury, in the County of Norfolk, and for this 
purpose shall have all the powers and privileges 
usually granted to Manufacturing Corporations, and 
be subject to all the duties and requirements con- 
tained in an Act, passed on the third day of xMarch, 
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 all other Acts passed supplementary thereto, 
excepting as to the manner of calling the first 
meeting, as hereinafter provided. 



56 PRO. BRAINTREE LYCEUM. Jan. 26, 1829. 

Sec. 2. Be it further enacted, That the capital 
stock of said company shall not exceed the sum of 

Capital .tock,&c. Qjjg hundred thousand dollars, and they may be 
lawfully seized and possessed of such real estate, 
as may be necessary or convenient for the pur- 
pose aforesaid, not exceeding the value of fifty 
thousand dollars, exclusive of buildings and im- 
provements that may be made thereon by the said 
corporation. 

Sec. 3. Be it further enacted, That Samuel 
Perkins, be, and he hereby is authorized to call 

First meeting, the first mcoting of said Corporation by advertise- 
ment in one of the newspapers printed in Boston, in 
the County of Suffolk, at such time and place as he 
shall think proper, giving ten days notice thereof, 
at which meeting by-laws may be passed not re- 
pugnant to the laws of this Commonwealth, and the 
mode of calling future meetings regulated. 

[Approved by the Governor, January 22, 1829.] 



By-laws. 



CHAP. XXXVIII. 

An Act to incorporate the Proprietors of the 
Braintree Lyceum. 

Sec. 1. Be it enacted by the Senate and House 
oj Representatives in General Court assembled, and 
Persons incorpo- Jjy the authority of the same, That Richard S. 
Storrs, Solomon Thayer, Samuel Capen, David 
HoUis, Benjamin V. French, Stephen Thayer, 



raced 



PRO. BRAIJNTREE LYCEUM. Jmu 26, 1829. 57 

Samuel Hayden, John Hobart, Jr. Minot Thayer, 
Charles M. Fogg, Elisha Niles Thayer, Charles 
Hayward, Ebenezer Denton, David N. Hollis, 
Josiah Hollis, and Charles Dickerman, with their 
associates, successors and assigns, are hereby made 
a Corporation for Literary purposes, by the name 
of the Braintree Lyceum, and by that name are 
hereby made capable in law to sue and be sued, 
plead and be impleaded, defend and be defended ®"^ ^""^ ^° '"*'^' 
in any Court of record, or any other place what- 
ever, and also to have a common seal and the same Common seai. 
to change at pleasure, and also to appoint a Treas- Appoint officeri, 
urer and Clerk, with such other officers as they ^''" 
may think expedient, and also to establish such 
by-laws and regulations as to them shall appear 
necessary and convenient for the government of 
said Corporation, and the prudent management of 
their affairs': Provided, the same be not repugnant Pfo^i»°- 
to the Constitution and laws of this Common- 
wealth. 

Sec. 2. Be it further enacted, That the said 
Corporation are hereby made capable in law to 
hold and possess real estate to the amount of ten 
thousand dollars, and personal estate to the amount j^^,^ 
of five thousand dollars, to be divided into sharea 
not exceeding one hundred dollars each, the net 
income of which shall be strictly applied to Liter- 
ary purposes connected with the Institution. 

Sec. 3. Be it further enacted, That Samuel 
Capen, be, and he hereby is authorized to call the 
first meeting of said Proprietors by furnishing each ^'"' meetinr 
Proprietor with a written notification one week at 
least before the time of said meeting : Provided, j,^^^^^ 
nevertheless, that this Act, shall be determinable at 
the pleasure of the Legislature. 

[Approved by the Governor, January 26, 1 829.] 



58 



SHEL. ENG. & CLAS. SCH. 



Jan. 27, 1829. 



CHAP. XXXIX. 

An Act to incorporate the Trustees of the Shehion 
English and Classical School of Southampton. 



Sec. 1. -OE it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That Vinson 
Persons incorpo. Gould, Jafflcs K. ShcldoH, Elisha Edwards, Jr. 
"^^ Timothy Clark, Luther Edwards, Jr. Silas Shel- 

don, Theodore Parsons, Tlieodore Strong, Heman 
Sear], J. S. Spencer, Sylvester Judd, Jr. Payson 
Williston, Samuel Edwards, Jr. George Dunlap 
and Samuel Lyman, and their successors, be, and 
they hereby are, made a body corporate, by the 
name of the Trustees of the Sheldon English and 
Classi(;al School of Southampton, and by that 
su€ and be sued, name may sue and be sued, and prosecute and de- 
fend suits, with power to have and use a common 
<;ommon Seal, scal, and to make and ordain reasonable rules and 
by-laws for the management and government of 
said school, and thereby to impose reasonable pen- 
alties, provided such rules and by-laws shall not be 
repugnant to the Constitution and Laws of this 
Commonwealth. 

Sec. 2. Be it further enacted. That all lands, 
monies, or other property heretofore given or sub- 
firmed to'-Tme. scribed, for the purpose of establishing or pro- 
'"'■ moting an English and Classical School in the town 

of Southampton, in the County of Hampshire, or 
which shall hereafter be given or granted to said 
Trustees for such pur[)oses, shall be confirmed to 
the said Trustees and their successors, for the uses 
in the instruments giving or granting the same ex- 



SHEL. ENG. & CLAS. SCIT. Jan. 27. 1829. 59 

pressed, and said Trustees shall be capable of 
taking and holding both real and personal estate, 
by gift, grant, devise, or otherwise, provided the ^""*' 
annual income of the same shall not exceed the 
sum of three thousand dollars, and shall apply the 
interest, rents and profits thereof so as most effect- 
ually to promote the designs of the patrons of the 
institution. 

Sec. 3. Be it further enacted^ That the num- 
ber of said Trustees shall never exceed seventeen, Number of Trus. 

, - , . ^ . . , „ tees, their pow- 

nor be Jess than eleven, and a majority t n ere ot '•'^san<» duties. 
shall belong to the town of Southampton, five of 
whom shall be necessary to constitute a quorum 
for doing business, but a less number may adjourn 
from time to time, and the said Trustees shall be 
the visitors and governors of the institution, shall 
have power from time to time to elect such officers 
and instructors as they shall judge necessary and 
convenient, and fix the tenure of their respective 
offices, and prescribe their respective duties, and 
they shall annually elect a Treasurer who shall 
give bonds to the acceptance of the Trustees for 
the right management of the funds of the Corpora- 
tion, and a Secretary who shall be sworn to the 
faithful discharge of the duties of his office, and 
they shall have power to remove from office any 
Trustee when he shall become incapable by reason 
of age or otherwise of discharging the duties of 
his office, and to fill all vacancies in the Board of 
Trustees, provided that a majority of all the Trus- 
tees shall be necessary to elect or remove a mem- 
ber of the Board, and the said Trustees may sell 
and conve}^ by deed under their common seal, 
signed, acknowledged and delivered by the Sec- 
retary of said Board, all real estate which they 
may have a right to sell. 

Sec. 4. Be it further enacted^ That James 
K. Sheldon, Esquire, be authorized to call the first i^rst meeting. * 

9 



60 PUB. RECORDS BARNST. CO. Jan. 30, 1829. 

meeting of said Trustees, by publishing notice of 
the time and place thereof three weeks successive- 
ly in the Hampshire Gazette, by giving ten days 
personal notice to each Trustee. 

Sec. .'5. Be it further enacted, That this Act 
may be altered or repealed by the Legislature at 
any time hereafter. 

[Approved by the Governor, January 27, 1829.] 



Time extended. 



CHAP. XL. 

An Act in addition to an Act entitled " An Act 
relating to the Public Records in the County of 
Barnstable." 

Be it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That the first 
section of the Act to which this is in addition, be 
so far amended that the times therein allowed to 
the Selectmen of each of the towns in said Coun- 
ty, for the Registry of Deeds, as therein specified, 
be extended to the first day of May, A. D. one 
thousand eight hundred and twenty-nine ; and also 
the time for completing the said alphabetical lists 
of Grantors and Grantees, as mentioned in said 
Act, is hereby extended to the first day of Sep- 
tember, A. D. one thousand eight hundred and 
twenty-nine, and the records of the same shall be 
transmitted to the office of the Register of Deeds 
of said County, within thirty days thereafter. 

[Approved by the Governor, Januar\^ 30, 1829.] 



SALEM FIREMEN'S INS. CO. Feb, 2, 1829. 61 



CHAP. XLI. 

An Act to incorporate the Salem Firemen's Insu- 
rance Company. 

Sec I. Be it, enacted by the Senate mid House 
of Representoiives in General Court assembled, 
and by the authority of the same, Tiiat John 
Stone, Samuel Briggs, John Russell, Daniel Ham- S.'"'"'°'p°- 
mend, John Chadvvick, Henry K. Oliver, and their 
associates, successors and assigns, be, and they 
hereby are, incorporated into a company and body 
politic by the name of the Salem Firemen's Insu- 
rance Company, for and during the term of twenty 
years after the passing of this Act, and by that 
name may sue and be sued, plead and be implead- sue and be lued. 
ed, appear, prosecute and defend to final judgment 
and execution, and have a common seal which they common seai. 
may alter at pleasure, and may purchase, hold and 
convey any estate, real or personal, for the use of Estate. 
said Company : Provided, they shall not hold Proviso. 
real estate, exceeding the value of ten thousand 
dollars, excepting such as may be taken for debt, 
or held as collateral security for debts due to said 
Compan}'. 

Sec. 2. Be it further enacted, That the capital 
stock of said Company shall be one hundred thou- 
sand dollars, divided into shares of fifty dollars '^^p"^' s'^^^"- 
each, one third part of which shall be paid in 
money within ninety days from the first meeting 
of said Company, and the residue within two years 
from and after the first meeting of said como 
pany. 



62 



SALEM FIREMEN'S ]NS. CO. Feb. 2, 1829. 



President, Di- 
rectors, 4*0. 



How elected. 



Clioice of Pres- 
ident, ^c. 



Board of Direct- 
ors. 



Sec. 3. Be it further enacted. That the stock, 
property, affairs and concerns of said Company 
shall be manao;ed and conducted by seven Direc- 
tors, one of whom shall be President thereof, who 
shall hold their offices for one year, and until oth- 
ers are chosen, and shall at the time of their elec- 
tion be stockholders of said Company, and citizens 
of this Commonwealth, and shall be elected annu- 
ally on the first Monday of May, at such time and 
place, within the town of Salem, as a majority of 
the Directors for the time may appoint, of wdiich 
election public notice shall be given in any one of 
the public newspapers printed in said town, ten 
da\"s immediately preceding such election, and the 
election shall be made b}' ballot by a majority of 
the votes of the Stockholders present, allowing 
one vote to each share in the capital stock : Pro- 
vided, no Stockholder shall have more than ten 
votes, and absent Stockholders may vote by proxy, 
under such regulations as tlie Company ma}' 
prescribe. 

Sec. 4. Be it further enacted, That the Di- 
rectors so chosen shall meet as soon as may be 
after every election, and shall choose out of their 
number one person to be President, who shall be 
sworn faithfully to discharge the duties of his office 
during the period for which he is elected, and in 
case of the death, resignation or inability to serve 
of the President or any Directors, such vacancy or 
vacancies shall be filled for the remainder of the 
year in which they happen, by a special election, 
to be notified and held, as is hereinbefore directed, 
in case of annual elections. 

Sec. 5. Be it further enacted. That the Pres- 
ident and three of the Directors, or four of the 
Directors in the absence of the President, shall be 
a Board competent for the transaction of business, 



SALEM FIREMEN'S INS. CO. Feb. 2, 1829. 63 

and all questions before them shall be decided by 
a majority of votes. And tKey shall have power 
to make and prescribe such by-laws, rules and reg- p^^^^^ ^^ ,^p 
ulations as to them shall appear needful and pro- ^''"<'- 
per, in respect to the management and disposition 
of the stock and property of said Company, and 
tlie transfer of shares therein, and the powers, 
duties and conduct of the several officers, clerks 
and servants employed in the service of the Com- 
pany and the election of Directors, and the ma- 
king of policies, and all such matters as appertain 
to the business of Insurance : Provided^ such by- ^''°''^'>- 
laws, rules and regulations be not repugnant to the 
Constitution and Laws of this Commonwealth. And 
they shall also have power to appoint a Treasurer, 
Secretary, and as many clerks and servants as shall 
be needful, with such compensation to them several- 
ly, and to the President, as to them shall seem fit, 
and thc}^ shall also have power and authority, in 
behalf of said Company to make insurance on any 
property or buildings against damage to the same 
by fire, originating in any cause except design in 
the assured, for such time and on such conditions, 
as the parties ma}' agree to : Provided, tliat the proviao. 
said Company shall not insure on any one risk 
more than ten per centum on the amount of the 
capital stock paid in. And all policies of insurance 
by them made, shall be subscribed by the President 
or two of the Directors, and countersigned by the 
Secretary, and shall be binding and obligatory 
upon the said Company, and have the like effect 
and force as if under the seal of said Company, 
and all losses duly arising under policies so sub- 
scribed, may be adjusted and settled by the Pres- 
ident and Board of Directors, or such agent as 
they shall authorize, and such adjustment shall be 
binding on said Company. 



64 



SALEM FIREMEN'S INS. CO. Feb. 2, 1829. 



Sec. 6. Be it Jurther enacted^ That the said 
fha^ndile'" *"?"' Conipanj shall not directly nor indirectly deal or 



prohibiled. 



Statement ren- 
dered in. 



Dividends de- 
clared. 



First meeting. 



trade in buying or selling any goods, wares, mer- 
chandize, or commodities whatever. 

Sec. 7. Be it further enacted.^ That once in 
three years, and oftener if required by a majority 
of the votes of the Stockholders, the Directors 
shall lay before the Stockholders, at a general 
meeting, an exact and particular statement of the 
profits, if any there be, after deducting losses and 
dividends, and the President and Directors of said 
Company shall, when and as often as required by 
the Legislature of this Commonwealth, lay b<'?foro 
the Legislature a statement of the affairs of said 
Company, and submit to an examination concern- 
ing the same under oath. 

vSec. 8. Be it further enacted., That it shall be 
the duty of the Directors to make semi-annual 
dividends of the interest arising from the capital 
stock, and of the profits of said Company, if it 
should to them appear adviseable, but monies re- 
ceived and notes taken for premium ef risks, 
which shall be undetermined, and outstanding, at 
the time of making any dividend, slrall not be con- 
sidered as part of the profits of said Company, 
and in case of any loss whereby the capital stock 
shall be lessened, no dividend shall be made uatil 
a sum equal to such diminution shall have been 
added to the caj^ital. 

Sec. 9. Be it further enacted., That any three 
of the persons named in the first Section of this 
Act are hereby authorized to call a meeting of 
the said Corapan}^ in Salem, by advertising the 
same for two weeks successively in any newspaper 
printed in said Salem, for the purpose of electing 
the first Board of Directors, wlio shall hold their 
offices until another Board shall be chosen. 



BOSTON & CANTON MAN. CO. Feb. 4, 1829. Q5 

Sec. 10. Be it further enacted, 1 hat the capital 
stock of said Insurance Company, or any part of it, 
shall not be sold or transferred dnrino; the term of 
one year after this Charter shall be put in opera- 
tion as aforesaid, and in case the same shall not be 
put in operation, within the year aforesaid, this Act 
shall be void. 

Sec. 11. Be it further enacted. That the said 
Company shall be liable to be taxed by any gen- 
eral law providing for the taxation of all similar 
Corporations. 

[Approved by the Governor, February 2, 1829. 



Liable to Taxa* 



CHAP. XLII. 

An Act in addition to an Act, to incorporate the 
Boston and Canton Manufacturing Company. 

JlJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That the said Boston 
and Canton Manufacturing Company, be, and they 
hereby are empowered to increase their present 
capital stock by the addition ot any sum or sums Ja' ?t^ck!**^ '*^'' 
not exceeding in the whole the further sum of 
three hundred tliousand 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 4, 1829.] 



€6 WOODBRIDGE xMANUFAC. CO. Feb. 1, 1829. 



CHAP. XLIII. 

An Act to incorporate the Woodbridge Manufac- 
turing Compan}'. 

Sec. 1.13E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Joseph Strong, 

Persons incorpo- Maltbj Stroug, and Daniel W. Lamb, together with 
such others as may hereafter associate with them, 
their successors and assigns, be, and they are hereby 
made a Corporation by the name of Woodbridge 
Manufacturing Company, for the purpose of Manu- 
facturing Cotton and Woolen Yarn and Cloth, in the 
town of South Hadley, in the County of Hampshire, 
and for that purpose shall have all the powers and 
privileges, and shall be subject to all the duties 
and requirements contained in an Act passed the 
third day of March, in the year of 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 in addi 
tion thereto." 

Sec 2. Be it Jurther enacted, That the said 
Woodbridge Manufacturing Company, may law- 
fully hold and possess such real estate not exceeding 

Estate. fifty thousand dollars in value, and such personal 

estate not exceeding one hundred thousand dollars 
in value as may be necessary and convenient for 
carrying on the manufacture aforesaid. 

[Approved by the Governor, Februrary 4, 1829.] 



WILLIMANSETT MANU. CO. Feb. 6, 1829. 67 



CHAP. XLIV. 

All Act to incorporate the Williraansett Manufac- 
turing Company. 

Sec. 1. Jb>E it enacted by the Senate and House 
of Representatives in General Court assembled,, and 
by the authority of the same, That Stephen C. persons incorpo. 
Bernis, Joseph B. Sheffield, Albert Burgess, and ''""^" 
David Temple, their associates, successors, and 
assigns, be, and they hereby are made a Corpora- 
tion by the name of the WilHraansett Manufactur- 
ing Company, for the purpose of manufacturing, in 
the town of Springfield, in the County of Hampden, 
machine and other cards, machinery, and edge 
tools, together with all or any articles, which may 
be manufactured from Iron, and Steel ; and for the 
purpos<;s aforesaid, shall have all the powers and 
privileges and be subject to all the duties and re- 
quirements contained in an Act, entitled " an Act, 
defining tlie general powers and duties of Manu- 
facturing Corporations," passed the third da}^ 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 the said 
Corporation may be lawfully seized and possessed 
of such real estate not exceeding in value twenty 
thousand dollars, and such personal estate not ex- '^''''**' 
ceeding in value forty thousand dollars, as may be 
necessary for the purposes aforesaid. 

[Approved by the Governor, February 6, 1829.] 
10 



68 



EAST. CON. SOCIETY, WARE. Feb. 6, 1829. 



CHAP. XLV. 

An Act to incorporate the East Congregational 
Society in Ware, into a Parish. 



Name and boun 
dary. 



Sec. 1. UE it enacted by the Senate and House 
of Representatives in General Court assembled, smd 
by the authority oj the same. That that part of 
Ware, herein after described, be, and hereby is form' 
ed into a separate and distinctParish, and shall be de- 
signated and knov.'n by the name of the East Parish 
in Ware, and shall be bounded as follows, viz. be- 
ginning at a stake and stones, on Palmer line, being 
the southeast corner of Samuel Gould's homo farm, 
thence westerly on the south line of said Gould's 
home farm, to Ware river, so called, thence up 
said river to the mouth of Muddy Brook, so called, 
thence up said Muddy Brook, to the county road 
leading from Ware to New-Braintree, thence east- 
erly on said roatl to a stake and stones at the turn 
in said road, a little easterly of C3^rus Brown's 
dwelling house, thence easterly to (he northwest 
corner of the farm, latel}^ owned by Darius Eaton, 
deceased, thence easterly on the north line of said 
farm, to Brookfield line, thence southerly on said 
Brookfield line to Western line, thence southerly 
on said Western line to Palmer line, thence on said 
Palmer line to the bound first mentioned. 

Sec. 2. Be it further enacted, That all the in- 
inhabitants, 4-c. habitants Vt'ithin the limits and boundaries afore- 
said, shall be considered as belonging to said 
East Parish, and that all the propert}- within 
said limits, both real and personal, sliall be taken 
and considered for all parochinl purposes as be- 
longing to said East Parish, in tlie same manner as 
property is by the laws of this Commonwealth 
deemed and taken to belong to the oldest religious 



SEC. CON. M. HOUSE, LOWELL. Feb.6,lQ29, 69 

society in each town, and the said Parish is hereby 
invested with all the powers, rights, privileges and 
immunities, and subject to all the liabilities with 
which other Parishes in this Commonwealth are 
invested and subjected : Provided, hoivever, that 
nothing in this Act shall prevent any person from ^'■'""^°' 
becoming a member of any other religious society, 
or of said East Parish, agreeabl}' to the existing 
laws of this Commonwealth. 

Sec. 3. Be it further enacted, That Homer Bart- 
let, Benjamin Paige, and Aipheus Dimond, Esqrs. or 
a major part of them, are hereby authorized to call 
tlie first meeting of said Parish, by posting up an First meeting 
attested copy of their warrant for that purpose, at 
the meeting house, in said East Parish, seven days 
at least, before said meeting, specifj^ng the time, 
place and purposes of the same. 

[Approved by the Governor, February 6, 1829.] 



CHAP. XLVL 

An Act to incorporate the Proprietors of the 
Second Congregational Meetinghouse in Lowell. 

Sec. 1. UE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Jonathan Morse, Persong incorpo- 
the second, Josiah Crosby, Joel Davis, Asa W. 
Pollard, and Joseph Farwell, and others, who have 
associated or may hereafter associate with them, 
for the purpose of building a Meetinghouse, their 
successors and assigns, be, and they hereby are 
incorporated and made a body politic, by the name 



70 



SEC. CON. M. HOUSE, LOWELL. Feb. 6, 1829. 



Sue and be sued. 



Estate. 



Treasurer au- 
thorized to sell. 



of the Proprietors of the Second Congregational 
Meetinghouse, in Lowell, and by that name may 
sue and be sued, and may have and use a common 
seal, and may ordain and establish such by-laws 
and regulations as to them may seem necessary 
and convenient for the government of said Corpo- 
ration : Provided, such by-laws and regulations be 
not repugnant to the Constitution and laws of this 
Commonwealth. 

Sec. 2. Be it Jurther enacted, That the said Cor- 
poration may purchase and hold real and personal 
estate, the annual income of which, exclusive of the 
Meetinghouse 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 hun- 
dred, and may make and impose all necessary as- 
sessments on such shares. 

Sec. 3. Be it further enacted, That whenever 
any Proprietor shall neglect or refuse to pay any 
assessment legallv made upon his share or shares, 
to the Treasurer of said Corporation, within thirty 
days after the same shall be made payable, the said 
Treasurer is hereby authorized to sell, at public 
■vendue, the share or shares of such delinquent 
proprietor, after posting notice of the time, place 
and cause of such sale, at two or more public 
places in Lowell, and also on said meeting house 
door, whenever such house shall have been erected, 
at least thirty days previous to such sale ; to exe- 
cute 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 
necessary incidental charges, the said Treasurer 
shall pay the surplus, if any there be, to such de- 
linquent proprietor, or the said Treasurer may sue 
and prosecute, to final judgment and execution, any 
such delinquent proprietor for any tax or assess- 



SEC. CON. M. HOUSE, LOWELL. Feb. 6, 1 829. 7 1 

ment clue and payable on any share or shares of 
such delinquent proprietor. 

Sec. 4. Be it further enacted^ That there shall 
be an annual meeting of said proprietors after the """'"™^""'^' 
present year, on the second Monday in March, at 
which they shall elect by ballot a President, Clerk, 
Treasurer, and five Trustees, of whom the Presi- 
dent shall be one, and the Treasurer and Clerk 
shall be sworn to the faithful discharge of their 
respective trusts, and at such meeting each propri- 
etor or his agent, duly authorized in writing, shall 
be entitleil to as many votes as he holds shares : 
Provided^ that no one person shall be entitled to proviio. 
more than ten votes. 

Sec. .'). Be it further enacted^ That it shall be 
the duty of the Clerk of said Corporation, to keep 
a record of all the proceedings of said Corporation, ^'" ^ "*^ 
and of all sliares and transfer of shares therein, 
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 
certificate. 

Sec. 6. Be it further enacted^ That any Justice 
of the Peace, in the County of Middlesex, be, and 
hereby is authorized to issue his warrant to some 
one of the said Proprietors, for the purpose of call- 
ing the first meeting to elect officers and organize ^'"' ■"««''"«* 
said Corporation, at such convenient time and 
place as he shall direct, at which meeting said 
Proprietors may agree upon the manner of calling 
and notifying future meetings. 

Sec. 7. Be it further enacted, That this Act 
shall be subject to revision or repeal at the will of 
the Legislature. 

[Approved by the Governor, February 6, 1829.] 



72 TRACT OF LAND IN MARL. Feb. 11, 1829. 



CHAP. XL VII. 

An Act to set off a certain Tract of Land from 
the Town of Marlborough, in the County of 
MidfHpsex, am! to annex the same to the Town 
of Uolton, in the County of Worcester. 

JcJE it enacted by the Senate and House 
of Rrprcsi'iifalwfs i .' General Court assembled, 
and by the authority of the same, That a certain 
Tract of i.aiu!, owned by Daniel Stratton, con- 
tniitin-ij; al)Oi!t one acre, bounded and described as 
follows, to wit : — beginnin-x at a pile of stones at a 
corner bound of the towns of Stow and Marlbor- 
ough, and on the line of the said town of Bolton, 
thence running south fifteen and a half degrees, 
east, five rods and seventeen links, to a stake and 
pile of stones, thence south, twenty-five degrees, 
west, seventy-five rods and eighteen links, to a pile 
of stones on the northerly side of a road, at an 
angle in the line between the towns of Marlbor- 
ough and Bolton, thence running on the line be- 
tween said towns to the first mentioned boundary, 
be, and the same is hereb}^ set off from the town 
of Marlborough, in the County of Middlesex, and 
annexed to the town of Bolton in the County 
of Worcester; and that tlie persons dwelling on 
the said tract of land hereafter shall be considered 
inhabitants of said town of Bolton. 

[Approved by the Governor, February 11, 1{}29.] 



Boundary. 



N. PORT MUT. FIRE INS. CO. Feb. 11, 1829. ^3 



Persons incorpo. 



CHAP. XLVIIL 

An Act to incorporate the Newburyport Mutual 
Fire Insurance Compaii}'. 



Sec. 1. UE ?7 enacted by the Senate and House 
of Representatives in General Court assembled^ 
and by the authority of the same, That Ebcnezer 
Mosely, Lutlier Waterman, John Greenleaf, Wil- 
liam Bartlet, Moses Davenport, William Davis, 
William C. Williams, Aaron Davis, Enoch Osgood, ^^'^'^ 
Samuel Newman, Thomas M. Clark, and their as- 
sociates, successors and assigns, are hereby consti- 
tuted a bod}' politic and corpoj-ate. l>y the name of 
the Ne\vbur3'port Mutual Fire Insurance Company, 
with powers and privileges incident to such Cor- 
porations for the term ot twenty-eipl^t years. 

Sec. 2, Be it further enacted, That when the 

, •iiii- 1111 ^ . When to insure. 

sum subscribed to be insured shall amount to one 
hundred thousand dollars, said Corporation may 
insure, for the term of one to seven years, any 
buildings, goods, furniture, books or effects, to any 
amount not exceeding three quarters of the value 
of the property insured. 

Sec 3. Be it further enacted, That said Corpo- 
ration may choose such officers and establish such ^^e^^cf''*"''' 
by-laws as they may deem necessary, not repug- 
nant to the Constitution and Laws of this Com- 
monwealth, and each member siiall have as many 
votes as he has policies, and ma}' vote by proxy. 

Sec 4. Be it further enacted, That the funds 
of said Corporation shall be vested in stocks, or 
loaned on such security as the Directors may rp"p"ropiratld*'"^ 
order, and shall be appropri:ited first to pay the 
expenses of the Corporation, and next to pay the 
damages which any member may be entitled to re- 



74 



N. PORT MUT. FIRE INS. CO. Feb. 1 1, 1829. 



Member recover- 
ing judgment 
may levy, S^c. 



Policy to create a 
-lien. 



Proceedings in 
case of resort 
to lien. 



cover on his policy ; in case any member shall 
have a just claim upon the Corporation exceeding 
the amount of their tlien existing funds, the Direct- 
ors shall, without delay, assess such sum as may be 
necessary on the members, in proportion to the 
amount of their premiums and deposits for seven 
years, but not to exceed treble the amount of such 
premiums and deposits. 

Sec. .0. Be it further e?iacted, That whenever 
any member shall recover judgment against said 
Corporation, he may levy his execution on their 
estate, or funds ; but if sufficient estate or funds 
cannot be found, he may levy the same on the pri- 
vate propert}' of any of the Directors : Provided, 
ihey first refuse or neglect for the space of sixty 
days, to satisfy the execution, after formal demand 
made on them for that purpose, and any Director 
whose propert}^ may be thus taken, may sustain an 
action of the case against the Corporation, to re- 
cover full and adequate damages therefor. 

Sec. 6. Be it further enacted, That each pol- 
icy of insurance shall of itself, without an}' other 
ceremony, create a lien on any building insured, 
and on the land under it, for the payment of the 
premium stipulated in said policy, and of all as- 
sessments lawfully made by virtue thereof, 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 
the property insured, the Treasurer shall demand 
payment of the insured, or his legal represent- 
ative, and likewise of the tenant in possession, and 
in case of non-payment the Corporation may sus- 
tain an action for any sum due, either on the de- 
posit note, or by assessment, and their execution 
may be levied on the premises insured, and the 
officer making the levy may sell the whole or any 
part of the estate at auction, giving notice, and pro- 
ceeding in the same manner as is required in the 



WALES WOOLEN MANU. CO. Feb. 13, 1829. 75 

sale of equities of redemption on execution, and 
the Owner shall have a right to redeem the estate, 
by paying the cost of sale, the amount of the ex- 
ecution, and twelve per cent interest thereon, 
within one year from such sale. 

Sec. 8. Be it further enacted^ That this Corpo- ^^.^^ 
ration shall be liable to be taxed by any general "»" 
law of this Commonwealth, laxino; other similar 
institutions, and any member named in this Act 
may call the first meeting by advertising the same p. 
in any newspaper published in Newburyport. 

[Approved by the Governor, February 11, 1829.] 



Liable to Tasa- 



iret meeting. 



CHAP. XLIX. 

An Act to incorporate the Wales Woolen Manu- 
facturing 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 Bela Tiffany, 
Oliver Wales, and Hiram Watkins, together with rat"d."* '""''p®' 
such others as now have associated or may here- 
after associate Avith them, their successors and 
assigns, be, and are hereby made a Corporation by 
the name of the Wales W^oolen ManufacturiHs: 
Company, for the purpose of manufacturing Woolen 
and Cotton Yarn, and Cloths, in the town of Wales, 
in the County of Hampden, and for this purpose, 
shall have all the powers and privileges, and shall 
be subject to all the duties and requirements pre- 
scribed and contained in an Act, passed on the 
11 



76 N. PORT HOSIERY MANU. CO. Feb, 13, 1829. 

third day of March, in the year of our Lord one 
thousand eight hundred and nine, entitled " an Act 
defining the general powers and duties of Manu- 
facturing Corporations," and the several Acts in 
addition thereto. 

Sec. 2. Be it further enacted. That the said 
Wales Woolen Manufacturing Company, in their 
Corporate capacity, may lawfully hold and possess 
such real and personal estate as may be necessary 
and convenient for carrying on said manufactures : 
Provided, that the value of such real estate shall 
not exceed the sum of fifty thousand dollars, and 
that the value of such personal estate shall not 
exceed the sum of fift}^ thousand dollars. 

[Approved by the Governor, February 13, 1829.] 



Estate. 



CHAP. L. 



An Act to incorporate the Newburyport Hosiery 
Manufacturing 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 John Brickett, 
Persons incorpo. Charles Butlcr, Ebeu'r Bradbury, John O. W. 
Brown, William Kimball, Nathan Follansbee, John 
Dodge, Jr. Moody Pearson, and William Davis, Jr. 
with such other persons as have already or who 
may hereafter associate with them, their successors 
and assigns, be, and they are hereby made a Cor- 
poration by the name of the Newburyport Hosiery 
Manufacturing Company, for the purpose of manu- 



BRIS. CO. MUX. FIRE INS. CO. Feb. U,IS29. 77 

facturing Hosiery and all descriptions of Warp 
frame work, at Newburyport, in the County of 
Essex, and for that purpose shallhave all the pow- 
ers and privileges and be subject to all the duties 
and requirements contained in an Act passed the 
third day of March, in the year of our Lord one 
thousand eight hundred and nine, entitled " an Act 
defining the general powers and duties of Manufac- 
turing Corporations," and the several Acts in ad- 
dition thereto. 

Sec. 2. Be it further enacted, That the capital capuai stock. 
stock of said Corporation shall not exceed fifty 
thousand dollars, and that it may be seized and 
possessed of such real estate as may be necessarj' 
and convenient for the purposes aforesaid not ex- 
ceeding the value of ten thousand dollars. 

[Approved by the Governor, February 13, 1829.] 



CHAP. LI. 

An Act to incorporate the Bristol County Mutual 
Fire Insurance Company. 

Sec. 1. JjE // enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That Samuel perions incorpo- 
Crocker, Alfred Williams, John M. Williams, 
Charles Richmond, Francis Baylies, Jesse Smith, 
William Reed, Farnum A. Sumner, John W. Sea- 
bury, Nathaniel Crandell, Dan Wilmarth, Junior, 
James Sproat, Henry W^ashburn, Charles Godfrey, 



78 BRISTOL CO. MUX. F. INS. CO. Feb. 13, 1829. 

William Hodges, Job Godfrey, William A. F. 
Sproat, David G. W. Cobb, Horatio Leonard and 
Thomas C. Brown, and their associates, successors 
and assigns, are hereby constituted a body politic 
and corporate, by the name of the Bristol County 
Mutual Fire Insurance Company, with powers and 
privileges incident to such Corporations, for the 
term of twenty-eight years. 

Sec. 2. Be it further enacted. That when the sum 
subscribed to be insured shall amount to one hun- 
dred thousand dollars, said Corporation may insure, 
When to insure. fQj, ^j^g tcmi of oue to sevctt years, any buildings, 
goods, furniture or books, to any amount, not ex- 
ceeding three quarters of the value of the property 
insured. 

Sec. 3. Be it further CTiacted, That said Cor- 
poration may choose such officers, and establish 
Choice of OA- ^"^^^ by-laws, as they may deem necessary, not re- 
cers, ic. pugnant to the Constitution and Laws of this Com- 

monwealth, and each member sliall have as many 
votes as he has policies, and may vote by proxy. 
Sec. 4. Be it further enacted, That the funds of 
Funds, how vest- Said Corporatiou shall be vested in stocks, or loaned 
ed^and appropri- ^^ ^^^^j^ sccurity as the Directors may order, and 
shall be appropriated first to pay the expenses of 
the Corporation, and next to pay the damages 
w^hich any member may be entitled to recover on 
his policy. In case any member sliall have a just 
claim upon the Corporation exceeding the amount 
of their then existing funds, the Directors slialj, 
without delay, assess such sum as may be necessa- 
ry on the members, in proportion to the amount of 
their premiums and deposits for seven years, but 
not to exceed treble the amount of such premiums 
and deposits 

Sec 5. Be it further enacted, That whenever 

any member shall recover judgment against said 

jJ^'"^ud Tern" Corporation, he may levy his execution on their 

may levy, 4^c. estatc or funds, but if sufficient estate or funds 

cannot be found, he may levy the same on the pri- 



BRISTOL CO. MUT. F. INS. CO. Feb. 1.3, 1829. 79 

vate propert}' of any one of the Directors : Pro- Proviso. 
vided, they first refuse or neglect, for the space of 
sixty days, to satisfy the execution, after formal 
demand made on them for that purpose ; and any 
Director, whose property may be thus taken, may 
sustain an action of the case against the Corpora- 
ration, to recover full and adequate damages 
therefor. 

Sec. 6. Be it further enacted, That each policy 
of Insurance, shall of itself, without any other 
ceremou}', create a lien on any building insured, poiicy to create 
and on the land under it, for the ])ayment of the 
premium stipulated in said policy, and of all as- 
sessments lawfully made by virtue thereof, and this 
provision shall not prevent the taking of other 
collateral secuiity. 

Skc. 7. Be it further enacted, That in case it 
should become necessary to resort to the lien on Proceedings m 
the property insured, the Treasurer shall demand ^ien.° 
payment of the insured, or his legal representative, 
and likewise of the tenant in possession, and in 
case of non-payment, the Corporation may sus- 
tain an action for any sum due, eitiier on the 
deposit note or by assessment, and their execution 
may be levied on the premises insured, and the 
ofticer making the levy may sell the whole or any 
part of the estate at auction, giving notice and pro- 
ceeding in tlie same manner as is required in tiie 
sale of equities of redemption on execution, and 
the owner shall have a right to redeem the estate 
by paying the cost of sale, the amount of the ex- 
ecution, and twelve per cent interest thereon, with- 
in one year from such sale. 

Sec. 8. Be it further enacted. That this Corpo- 
ration shall be liable to be taxed by any general t^^n".'* '" """* 
law of this Commonwealth, taxing other similar 
institutions, and any member named in this Act 
may call the first meeting by advertising the same 
in any newspaper printed in the County of Bristol. ^'"' '""""'^* 

[Approv^ed by the Governor, February 13,^1829.] 



80 PARTRIDGE ACAD. IN DUX. Feb. 13, 1829. 



CHAP. LII. 

All Act to incorporate the Trustees of Partridge 
Academy in Duxbury. 

Sec. 1. xSE it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That John 
Allyn, of Duxbur}', Zephaniah Willis, of Kingston, 
James Kendall, of Plymouth, Samuel A. Frazier, 
rdT?ustee°s"fhe?r of Duxbury, and John Seaver, of Kinoston, with 
powe.s,«^c. their associates and successors, are hereby ap- 
pointed and confirmed Trustees of Partridge Acad- 
emy in Duxbury, to receive, hold, manage and 
improve, all the estate bequeathed to the said 
Trustees, in trust by George Partridge, Esq. late 
of said Duxbury, deceased, in and by his last will 
and testament, for the establishment of an Acad- 
emy in said Duxbury, and shall constitute a body 
politic and corporate, for the due and faithful exe- 
cution of said trust, and shall be vested with all 
the powers incident to Corporations, necessary and 
requisite for that purpose. 

Sec. 2. Be it further etiacted, T'hat the said 
Trustees, for the time being, shall be the Visitors 
Trustees lo elect and Govcmors of said Institution, shall have full 
"Officers, ^c. power, from time to time, to elect such officers 
thereof as they shall judge proper, and fix the ten- 
ure of their respective offices, to remove from 
office any Trustee when he shall become incapable, 
from age or otherwise, of discharging the duties of 
his office, to fill all vacancies in the Board of Trus- 
tees, to make all reasonable rules, orders and by- 
laws, with reasonable penalties, provided the same 
be not repugnant to the Constitution and Laws 
of this Commonwealth, and generally to perform 



Treasurer. 



PARTRIDGE ACAD. IN DUX. Feb. 13, 1829. 81 

whatever is incumbent on them to effect the in- 
tention of the donor, to increase the number of said 
Trustees if they see fit, to any number not exceed- 
ing e\e\'en. 

Sec. 3. Be it further enacted^ That the said 
Trustees shall choose, annually, one of their num- 
ber as Treasurer, wlio shall give bonds to the ac- 
ceptance of the Trustees, and the Treasurer, for 
the time being, shall, under the direction of the 
Trustees, and by virtue of the will aforesaid, re- 
ceive, invest, and pay out, from time to time, the 
money bequeathed, and the Trustees are hereby 
empowered to choose, annually, a Clerk, who shall cierk. 
be duly sworn to the faithful performance of the 
duties of his office. 

Sec. 4. Be it further enacted. That the said ^, 

rn I'll 111 r Other subscrip- 

Irustees, besides the money bequeathed as aiore- tion., ^^c. 
said, may receive, manage and improve, all sub- 
scriptions, grants and donations, of real and person- 
al estate, that may hereafter be made for the use 
and benefit of the said Institution : Provided^ Proviso, 
that such subscriptions, donations and grants, shall 
not exceed the sum of twenty thousand dollars, 
in addition to the bequest aforesaid. 

Sec. 5. Be it further enacted, That Samuel A. Firgi meeting. 
Frazier be, and is hereby authorized and empow- 
ered, to call the first meeting of the Trustees, and 
to give them notice thereof. 

Sec. 6. Be it further enacted, That this Act subject to altera- 
may be altered or repealed by the Legislature at 
any future time. 

[Approved by the Governor, February 13, 1829.] 



tion. 



82 



MASSIC FALLS MANU. CO. Feb. V^, 1829. 



CHAP. LIIL 

An Act to incorporate the Massic Falls Manufac- 
turing 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 Joel Stone, Jr. 
j>e«o„. incorpo. 2;acheus Flctcher, Horatio Boyden, Amos Hodg- 
man, Lowell Adams, and Moody Thompson, with 
their associates, successors and assigns, be, and 
they hereby are made a Corporation, by the name 
of the Massic Falls Manufacturing Company, for 
the purpose of manufacturing Cotton and Woolen 
Goods, Iron, and Paper, in the town of Lowell, and 
County of Middlesex, and for this purpose shall 
have all the powers and privileges and be subject 
to all the duties and requirements contained in an 
Act passed on the third day of March, in the year 
of our Lord one thousand eight hundred and nine, 
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- 
poration may hold and possess such real estate not 
exceeding in value the sum of one hundred thou- 
sand dollars, and such personal estate not exceeding 
in value the sum of one hundred thousand dollars, 
as may be necessary and convenient for the pur- 
pose 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 defining the 
general powers and duties of Manufacturing Cor- 
porations to the contrary notwithstanding. 

[Approved by the Governor, February 13, 1020.] 



Estate 



First meeting. 



DIVORCE. Feb. 18, 1829. 83 



CHAP. LIV. 

An Act making Members of Mutual Fire Insurance 
Companies competent Witnesses in certain Casess 

UE 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, any Member of any incorpo- 
rated Mutual Fire Insurance Company shall and 
may be admitted as a competent Witness, and his 
Deposition used in the same manner as inhabitants 
of towns, districts, precincts or parishes, or religious 
incorporated societies, are by law now admitted, and 
their depositions used. 

[Approved by the Governor, February 13, 1829.] 



CHAP. LV. 

An Act in addition to the several Acts heretofore 
passed in relation to Divorce. 

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 any married 
woman shall hereafter be divorced from bed and 
board, for any of the causes for which by law such di- 
vorce may be decreed, the Court by which such de- 
12 



84 DIVORCE. Feb. 18, 1829. 

Court power to crce shall be passed, shall have power to assign to 

*'*'°" her, for her own use, all the personal estate which 

her husband hath received by reason of the marriage, 
or such part thereof as shall be just and reasonable 
under all the circumstances of the case, and also 
such part of the personal estate of the husband as 
may be necessary for her comfort and for the bet- 
ter support of such children of the marriage as 
shall be assigned to her care and custody, pursuant 
to law. 

Sec. 2. Be it further enacted, That all promis- 

promissory notes ^^^^^ jjotes and otlier choscs in action belonging to 
the wife before marriage, or made payable during 
the coverture to her alone, or jointly with her hus- 
band on account of property belonging to her or 
debts due to her before the marriage, and all lega- 
cies to her, and personal property, which may have 
descended to her as heir, or be held for her in 
trust, or in any other way appertaining to her in 
her own right, which legacies, personal property, 
promissory notes, or choses in action, shall not have 
been reduced to possession by the husband, before 
the libel is filed on which such decree may be 
passed, shall be and remain the sole property of 
the wife so divorced, and she is hereby authorized 
and empowered to bring and maintain actions for 
the recovery thereof, in the same manner as if she 

Proviso. \\eve\i\.femme sole : Provided, hotvever, that nothing 

in this Act contained shall be construed to make 
void any attachment or seizure in execution of any 
personal property in the possession of the husband, 
or any lien created by service of process in foreign 
attachment, which shall be made to secure any 
debt from liim, if such attachment shall have been 
made, or process in foreign attachment commenc- 
ed, before the filing of the libel on which such 
divorce shall be decreed. 

[Approved by the Governor, February 18, 1829.] 



ROUND HILL LNSTITUTION. Feb. 18, 1829. 85 



Persons incorpo- 



CHAP. LVI. 

An Act to incorj)orate the Proprietors of the Round 
Hill Institution. 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authotity of the same^ That Joseph Q. Cogs- 
well, George Bancroft, and Isaac C.'Bates, with their '^'•='^- 
associates, successors and assigns, be, and they 
hereby are made a body politic and corporate, by 
the name of the Proprietors of the Round Hill 
Institution, in the town of Northampton, in the 
County of Hampshire, for the advancement of the 
purposes of education and instruction in the liberal 
sciences and arts, and the said Corporation shall 
have power from time to time to choose a Clerk, choice of officers. 
Treasurer, and such other officers as they may 
judge necessary, may have a common seal which common scai. 
tiiey may alter or renew at their pleasure, may 
make contracts, sue and be sued in all actions, and sue and be sued. 
prosecute and defend the same to final judgment 
and execution, and may make and establish any 
by-laws, rules and regulations for the government 
of their affairs, for the division of their property 
into shares, and for the sale and transfer thereof: 
Provided, the same are not repugnant to the Con- rroviso. 
stitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That said Corpora- 
tion may lawfully hold and possess such real estate 
not exceeding in value the sum of sixty thousand ^^^^^^ 
dollars, and such personal estate not exceeding in 
value the sum of sixty thousand dollars, as may be 
necessary and convenient for the purposes aforesaid. 

Sec. 3. Be it further enacted. That said Corpo- 
ration may from time to time, at any legal meeting 



86 



May assess, 



Treasurer au 
ihorized to sell. 



jPirst meeting. 



TRUS. HANOVER ACADEMY. Feb. 18, 1829. 

called for the purpose, assess upon each share in 
the capital stock such sum or sums of money, as 
tfiey may judge expedient for the objects of the 
Corporation and defraying the expenses thereof, to 
be paid to the Treasurer, at such times as they 
may direct; and if any proprietor shall neglect to 
pay any such assessment for the space of ten days, 
after such time of payment, it shall be lawful for 
the Treasurer to sell at public vendue such part 
of the shares of such delinquent proprietor as may 
be sufficient to pay such assessments with inciden- 
tal chari^es, giving notice in a newspaper printed 
in said JVorthampton, of the time and place of sale, 
and the sum due on each share, three weeks suc- 
cessivel}', before the day of sale, and such sale 
shall be a legal transfer of the share or shares so 
sold to the purchaser thereof. 

Sec. 4. Be it further enacted, That any one of 
the persons named in this Act may call the first 
meeting of said Corporation, by personal notice of 
the time and place of meeting, given to each of the 
persons named herein, ten days before the time of 
meeting. 

Sec. 5. Be it further enacted, That the Legisla- 
ture may at any time alter or repeal this Act. 

[Approved by the Governor, Februrary 18, 1829.] 



CHAP. LVH. 

An Act to incorporate the Trustees of the Hanover 
Academy. 

Sec. 1. JdE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Alexander Wood, 



TRUS. HANOVER ACADEMY. Feb. 18, 1829. 87 

Horatio Gushing, John B. Barstow, Samuel Tolman, f^^'""^ incorpo- 
Jr. and Horace Collamore, and their successors, 
be, and they hereby are made a body corporate, by 
the name of the Trustees of the Hanover Academy, 
and by that name may sue and be sued, and pros- sue and be sued. 
ecute and defend suits, with power to have and common seai 
use a common seal, and to make and ordain reason- 
able rules and by-laws for the management and 
government of said Academy, and thereby to im- 
pose reasonable penalties : Provided, such rules rroviso. 
and by-laws shall not be repugnant to the Consti- 
tution and laws of this Commonwealth. 

Sec. 2. Be it further enacted. That all lands, ^ 
monies or other property iieretofore given or sub- 
scribed for the purpose of establishing or promot- 
ing an Academy in the town of Hanover, in the 
County of Plymouth, or which shall hereafter be 
given or granted to said Trustees, for such pur- 
poses, shall be confirmed to said Trustees and 
their successors, for the uses in the instruments 
giving or granting the same expressed, and said 
Trustees shall be capable of taking and holding 
both real and personal estate by gift, grant, devise 
or otherwise : Provided, the annual income of the 
same shall not exceed the sum of two thousand 
dollars, and shoU apply the interest, rents and pro- 
fits thereof, so as most effectually to promote the 
design of the patrons of the Institution. 

Sec, 3. Be it further enacted, That the number 
of said Trustees shall never exceed seventeen nor Trustees, ^-c. 
be less than eleven, and five of whom shall be ne- 
cessary to constitute a quorum for doing business, 
but a less number may adjourn from time to time, 
and the said Trustees shall be the visitors and 
governors of the Institution, shall have power from 
time to time to elect such Officers and Instructors, 
as they shall judge necessary and convenient, and 
fix the tenure of their respective offices, and pre- 
scribe their respective duties, and they shall annu- 
ally elect a Treasurer, who shall give bonds to the Treasurer. 



88 



Proviso. 



First meeting. 



LOWELL SAVINGS INSTIT. Feb. 20, 1829. 

acceptance of the Trustees, for the right manage- 
ment of the funds of the Corporation, and a Secre- 
tary who shall be sworn to the faithful discharge 
of the duties of his office, and they shall have 
power to remove from office any Trustee when he 
shall become incapable by reason of age or other- 
wise of discharging the duties of his office, and to 
fill all vacancies in the Board of Trustees : Pro- 
vided^ a majority of all the Trustees shall be ne- 
cessary to elect or remove a member of the Board, 
and the said Trustees may sell and convey by deed, 
under their common seal, signed, acknowledged 
and delivered by their Secretar}^ all real estate 
which they may have a right to sell. 

Sec. 4. Be it further enacted, That Alexander 
Wood, Esq. be authorized to call the first meeting 
of said Trustees by publishing notice of the time 
and place thereof, three weeks successively in the 
Old Colony Memorial, and by giving ten days per- 
sonal notice to each Trustee. 

Sec. 5. Be it further enacted, That this Act 
may be altered or repealed by the Legislature at 
any time hereafter. 

[Approved by the Governor, February 18, 1829.] 



CHAP. LVIII. 

An Act to incorporate the Lowell Institution for 

Savings. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That Warrer 



LOWELL SAVINGS INSTIT. Feb. 20, 1829. 89 

Colburn, Samuel Bachelder, Phineas Whiting, reruns incorpo- 
Paul Moody, Theodore Edson, James G. Carney, 
Nathaniel Wright and John Avery, together with 
such other persons as have associated, or may 
hereafter associate with them, be, and they hereby 
are, constituted a Corporation, by the name of the 
" Lowell Institution for Savings," and shall so con- 
tinue for the term of thirty years. 

Sec. 2. Be it further enacted, That said Cor- 
poration shall be capable of receiving from any Deposits. 
person disposed to obtain and enjoy the advanta- 
ges of said Institution, any deposit or deposits of 
money, and to use and improve the same for the 
purposes and according to the directions herein 
provided. 

Sec. 3. Be it further enacted. That all deposits 
of money received by said Corporation shall be by now improved. 
them used and improved to the best advantage, 
and the income and profit thereof shall be ap- 
plied and divided among the persons making the 
said deposits, their executors, administrators or 
assigns, in just proportion, and the principal of such 
deposits may be withdrawn at such times and in 
such manner as said Corporation shall direct and 
appoint. 

Sec. 4. Be it further enacted, That said Cor- j,^^,^^ ^^ ^,^^j 
poration may, at any le2;al meeting, have power to members. 
elect by ballot any other persons as members of 
said Corporation. 

Sec 5. Be it further enacted. That the said ^^^^^^^^^^ 
Corporation may have a common seal, which they 
may change at pleasure, that all deeds, grants, cov- 
enants and agreements made by their Treasurer, 
or any other person by their authority, shall be 
good and valid, and the said Corporation shall at 
all times have power to sue, and may be sued, and 
defend, and be held to answer, by the name afore- 
said. 

Sec. 6. Be it further enacted. That the said 
Corporation shall hereafter meet at Lowell, some Meetings. 



90 



LOWELL SAVINGS INSTIT. Feb. 20, 1829. 



Choice of Fres. 
ident. ^c. 



By-laws. 



First meeting. 



time in the month of May, annually, and as much 
oftener as they may judge expedient, and any sev- 
en members of the said Corporation, the Pres- 
ident, Secretary or Treasurer being one, shall be a 
quorum, and the said Corporation at their annual 
meeting shall have power to elect a President, and 
a Treasurer, who shall give bond in the sum of ten 
thousand dollars for the faithful discharge of the 
duties of his office, and all such other officers as to 
them shall appear necessary, which officers, so 
chosen, shall continue in office one year, and until 
others are chosen in their stead, and all officers, so 
chosen, shall be under oath to the faithful discharge 
of the duties of their offices respectively. 

Sec. 7. Be it further enacted^ That said Cor- 
poration may make by-laws for the more orderly 
management of their business, provided the same 
be not repugnant to the Constitution and Laws of 
this Commonwealth, and the Legislature may at 
any time make such further regulations for the 
government of said institution as they may deem 
expedient. 

Sec. 8. Be it further enacted, That either of 
the persons named in the first section of this Act, 
may, by a public notification in the newspaper 
printed in Lowell aforesaid, call the first meeting 
of said Corporation at such time and place as he 
shall judge proper. 

Sec. 9. Be it further ejiacted, That the Le- 
gislature may at any time hereafter alter, amend or 
repeal this Act. 

[Approved by the Governor, February 20, 1829.] 



WHARF IN SANDWICH. Feb. 20, 1829. M 



CHAP. LIX. 

An Act to authorize David Dimick and others to 
build a wharf in the Town of Sandwich. 

Sec. 1. J5E it enacted by the Senate a?id House 
of Representatives in General Court assembled, and 
by the authority of the same, That David Dim- 
mick, Junior, Ebenezer Nye, Freeman Wing and 
D. Lawrence, and their associates, be, and they 
hereby are, authorized to erect and maintain a 
wharf at a place called Red Brook landing, in said 
town of Sandwich, and the same to extend below 
low water mark, as far as may be necessary for the 
accommodation of such vessels as usually load and 
unload at said landing : Provided, hotvever, that ProvMo. 
the Proprietors of said Wharf shall never exact 
any greater rates of wharfage than the following, 
viz : eight cents per cord for wood and bark, eight 
cents per thousand for lumber, four cents for hogs- 
heads, one cent for barrels, and for other articles 
eight cents per ton, except grain, which shall be 
one fourth of one cent per bushel. 

Sec. 2. Be it further enacted, That this Act 
may be altered, amended or repealed at the plea- 
sure of the Legislature. 

[Approved by the Governor, February 20, 1829.] 
13 



92 



REMEDIES IN EQUITY. 



Feb. 20, 1829. 



CHAP. LX. 

An Act in addition to the several Acts giving fur- 
ther remedies in Equity. 



Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That when- 
ever, in any suit in equity, which is or may be 
pending in the Supreme Judicial Court, in which a 
receiver shall have been appointed, it shall appear 
to said Court, that it would be for the benefit of 
those interested in the demands in the hands of 
said receiver for collection, that he should corn- 
Receiver to com- pound any of them, it shall be lawful for said 

pound. r^ "^ 1 • I • I 

Court to authorize and empower said receiver to 
compound such demands in such way and manner 
as he shall deem most beneficial to those interest- 
ed therein, 

Sec. 2. Be it further enacted, That when it 
shall be made to appear to said Court, that it would 
fuwiier time, be for the benefit of those interested, that further 
time should be given for the payment of any de- 
mand in the hands of said receiver, it shall be law- 
ful for said Court to authorize and empower him to 
grant such time, upon such terms as he shall deem 
to be most beneficial to those interested in said 
demand. 

[Approved by the Governor, February 20, 1829. 



HAMPSHIRE MANU. COMP. Feb. 20, 1B29. 93 



CHAP. LXI. 

An Act to incorporate the Hampshire Manufactu- 
ring Company. 

Sec. 1. 13e it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That William P. ratT' '"'°''"'" 
Greene, Joseph Russell and Thomas Dixon, to- 
gether with such others as now liave, or may here- 
after associate with them, their successors or as- 
signs, be, and they are hereby, made a Corporation, 
by the name of the Hampshire Manufacturing 
Company, for the purpose of manufacturing Cot- 
ton and Woollen Yarn and Cloth in the Town of 
Ware in the County of Hampshire, and of makins; 
and selling Machinery, Castings and Gearing, and 
for this purpose shall have all the powers and pri- 
vileges, and shall be subject to all the duties and 
requirements prescribed and contained in an Act 
passed the third day of March, in the year of our 
Lord one thousand eight hundred and nine, entitled 
" An Act defining the general powers and duties 
of Manufacturing Corporations," and the several 
Acts in addition thereto. 

Sec. 2. Be it further enacted, That the said 
Hampshire Manufacturing Company, in their cor- ^^^^^ 
porate capacity, may lawfully hold and possess 
such real and personal estate as may be necessary 
and convenient for carrying on the said manufac- 
tures : Provided, the value of such real estate proviso. 
shall not exceed two hundred thousand dollars, and 
the value of such personal estate shall not exceed 
three hundred thousand dollars. 

[Approved by the Governor, February 20, 1829.] 



94 GUNPOWDER. Feb. 20, 1829. 

CHAP. LXII. 

An Act regulating the Storage of Gunpowder. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Covrt assembled^ 
and by the authority of the same, That from and 
after the passing of this Act, it shall and may be 
lawful for the inhabitants of each town in this Com- 
monwealth, at any of their legal town meetings to 
u"atftK'epin| ordcr and direct, that no Gunpowder, above the quan- 
of Gunpowder. ^.^^ ^^ ^^^^ pounds, shall be kept or deposited in any 
shop, store or other building, or in any ship or 
vessel, which shall be within the distance of twenty 
five rods from any other building or wharf; that 
no Gunpowder shall be kept at any place within 
the limits of such town, unless the same be well 
secured in tight casks or cannisters ; that no Gun- 
powder above the quantity of twenty-five pounds 
shall be kept or deposited in any shop, store or 
other building within ten rods of any other build- 
ing; and also, that no Gunpowder, above the quan- 
tity of one pound, shall be kept or deposited in 
anj^ shop, store or other building within ten rods of 
any other building in such town, unless the same 
be well secured in copper, tin or brass cannisters, 
holding not exceeding five pounds each, and closely 
covered with copper, brass or tin covers. 

Sec. 2. Be it jurther enacted. That upon com- 
plaint made by either of the Selectmen or Fire- 
wards of any town aforesaid, to either of the Jus- 
tices of the Peace within the county in which said 
town is situated, in which complaint shall be set 
forth by such Selectman or Fireward, that he has 
good cause to suspect and doth suspect that Gun- 
powder is deposited and kept within the limits of 



GUNPOWDER. Feb. 20, 1829. 95 

his town, contrary to the provisions of this Act, lT^^^^^%J,Snl 
such Justice of the Peace may, and he is hereby 
authorized to issue his warrant, directed to either 
of the constables within the town wherein such 
complainant may live, ordering him to enter any 
shop, store or other building, or vessel specified in 
said warrant, and there to make diligent search for 
the Gunpowder suspected to have been deposited 
or kept as aforesaid, and to make return of his do- 
ings to said Justice forthwith. 

Sec. 3. Be it further enacted, That any person 
who shall violate the provisions of this Act shall 
forfeit and pay a sum not less than five dollars, nor 
more than twenty dollars, to be recovered in an Penalty. 
action of debt by the Selectman or Fireward, who 
shall first commence an action therefor, before any 
Justice of the Peace, within the county wherein 
the offence may be committed, and to be appropri- 
ated two thirds to the use of the person suing 
therefor, and one third to the use of the town in 
which the offence shall be committed : Provided, 
always, that the provisions of this Act shall not ^"*'''^°- 
extend to any establishment erected for the manu- 
facturing of Gunpowder, nor in any case to prevent 
the transportation of Gunpowder, through any of 
the towns in this Commonwealth, or from one part 
of any town to another part thereof. 

Sec. 4. Be it further enacted, That an Act, 
entitled " an Act, regulating the Storage of Gun- ^*p**' 
powder," passed the twenty-first day of Februar}', 
in the year of oCir Lord one thousand eight hundred 
and twenty-four, be, and the same is hereb}^ repeal- 
ed : Provided, that this Act shall not affect any Proviso. 
penalties or forfeitures already incurred under the 
Act hereby repealed. 

[Approved by the Governor, February 20, 1829.] 



96 LAND CEDED TO U. S. i^e^. 20, 1829. 



Limit! . 



CHAP. LXIII. 

An Act ceding to the United States permission to 
erect a Breakwater, near the mouth of the River 
Merrimack, and jurisdiction over a Tract of Land 
necessary for that purpose. 

Sec. 1. Jt>E it enacted by the Senate and House 
of Representatives iti General Court assembled, and 
by the authority of the same. That the consent 
of this Commonwealth, be, and the same is hereby 
granted to the United States, to construct a Pier 
or Breakwater near the mouth of the River Merri- 
mack, in the town of Newbury, in the following 
described limits, to wit : — Beginning at a point near 
the northern extremity of Plum Island, thence 
running westerly to Woodbridge's Island, thence 
westerly across Woodbridge's Island aforesaid, 
thence westerly to a point at least two thousand 
five hundred feet short of Company or Coffin's 
wharf, in Newburyport. Also, to take and hold the 
land necessary for the purposes of said Pier and 
Breakwater, being a tract extending in length not 
further than the limits herein before described, and 

Proviso. jn breadth not more than fifty feet : Provided, that a 

plan or map of said premises be deposited in the 
office of the Secretary of State of this Common- 
wealth, and that this Commonwealth shall retain, 
and does hereby retain concurrent jurisdiction with 
the United States, in and over said land, so far that 
all civil and criminal process, issued under the au- 
thority of this Commonwealth, or of any officer 
thereof, may be executed on any part of said pre- 
mises as fully and effectually, as if this Act had 

rroviso. not been passed : And provided, also, that the 



FORMS OF WRITS. Feb. 20, 1829. 97 

Courts of this Comraonwealth shall have jurisdic- 
tion of all offences against the laws thereof, com- 
mitted on said land, in the same manner as if this 
Act had not been passed. 

Sec. 2. Be it further enacted^ That all persons 
whose land shall be taken by the United States, 
their Agents, or Commissioners, for the purpose of 
constructing said Pier or Breakwater, shall be en- 
titled to compensation ; the amount of said compen- 
sation, if the parties cannot agree thereon, to be 
ascertained in the way prescribedby law for dama- 
ges sustained by individuals, whose lands are taken 
for public roads in this Commonwealth. 

[Approved by the Governor, February 20, 1829.] 



CHAP. LXIV. 

An Act in addition to an Act prescribing the Forms 
of Writs in Civil Causes, and directing the mode 
of proceeding therein. 

Sec. 1. JlJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That all actions 
and suits which may be tried by Justices of the 
Peace within this Commonwealth, and wherein 
they have jurisdiction, may hereafter be heard and 
determined by them at other places than their 
dwelling houses : Provided, the same be usual and 
convenient places of business within the towns in 
which they reside. 



Provteo. 



98 HOLMES HOLE HARBOUR. Feb. 20, 1829. 

Sec. 2. Be it further enacted^ That it shall and 
may be lawful for said Justices so far to vary the 
form of the writs and processes issued by them, as 
to make the same returnable to said places, and 
the proceedings had thereon shall be good and 
effectual in law. 

[Approved by the Governor, February 20, 1829.] 



CHAP. LXV. 

An Act to authorize the placing of Moorings in 
Holmes Hole Harbour. 

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 
after the passing of this Act, it shall be the duty of 
the Wardens of the Port and District of New 
Wardens to grant Bcdford, upon application of any owner of any 
'*^"'^''" vessel in the towns of Edgartown and Tisbury, in 

Dukes County, to grant a license to such owner, if 
they shall see fit, after having personally examined 
into the propriety of granting the same, to place 
any Mooring or Moorings in Holmes Hole Har- 
bour, and said Moorings shall be of such construc- 
tion, and shall be put in such places, as the War- 
proviso. dens aforesaid may direct : Provided, however, 

that the Wardens aforesaid shall not authorize the 
placing of any Mooring in a greater depth of 
water than twelve feet; and each of said Wardens 
shall be entitled to a compensation for his services, 



SUTTON BANK. Feb. 20, 1829. 99 

not exceeding three dollars for each and ever}- day 
he may be employed in performing the duties re- 
quired by this Act. 

Sec. 2. Be it further enacted^ That it shall and 
.nay be lawful for the owners of any Moorings al- 
ready placed in Holmes Hole Harbour, to con- ued!""^''°"""' 
tinue the same, if they shall be authorized thereto 
by the license of the Wardens aforesaid, in the 
manner hereinbefore ))rescribcd. 

[Approre<l by the Governor, February 20, 1829.] 



CHAP. LXVI. 

An Act in addition to an Act to incorporate the 
President, Directors and Conipany of the Sut- 
ton Bank. 

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 second Section of the Act to which this is 
in addition, as requires the payment of fifty thou- 
sand dollars of the capital stock of said Corpora- 
tion on or before the first day of March next, be 
and the same is hereby repealed, and the said fifty 
thousand dollars shall be paid in gold and silver in 
the manner following, — twenly-five thousand dol- 
lars on or before the first day of June next, and the 
remaining twenty-five thousand dollars on or before 
the first day of October next. 

[Approved by the Governor, February 20, 1829.] 
14 



100 CHARLES ST. BAPT. SOC, Feb. 20, 1829. 



CHAP. LXVII. 

An Act in addition to an Act entitled " An Act to 
incorporate the President, Directors and Com- 
pany of the Central Bank in Worcester." 

B^^ it enacted by the Senate and House 
of Representatives in General Court assembled.) 
and by the authority of the same, That a fur- 
ther 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 
Proviso. shall direct : Provided, that fifty thousand dollars 

thereof be paid into said Bank in specie, and the 
Bank be put into operation according to the orig- 
inal charter, on or before the first day of July next, 
and the remainder within six months thereafter. 

[Approved by the Governor, February 20, 1829.] 



CHAP. Lxvni. 

An Act to incorporate the Charles Street Baptist 
Society in the City of Boston. 

Sec. 1. Be it enacted by the Senate and House 

FeMons incorpo- ^y Representatives in General Court assembled, 

and by the authority of the same, That William 

Goddard, Ward Jackson, John M. Peck, Daniel R. 



RUT. 8r PAXT. BOUND. LINE. Feb. 20, 1829. loi 

Griggs, William W. Blake, Williarn Beals and John 
B. Jones, with their associates and successors, be 
and they are hereby incorporated as a Religious 
Societ}'^ in the City of Boston, by the name of the 
Charles Street Baptist Society, with all the powers 
and privileges to which other religious societies 
are entitled by the Constitution and Laws of this 
Commonwealth, and subject to all the duties and 
liabilities to which other religious societies are 
subject. 

Sec 2. Be it further enacted, That said So- 
ciety shall be capable in law to purchase, hold and *^'"*'*'- 
dispose of any estate, real or personal, for the use 
of said Society : Provided, the income thereof proviso. 
shall not, at any time, exceed the sum of three 
thousand dollars per annum. 

Sec. 3. Be it further enacted, That said So- 
ciety shall have power to establish such regula- ''y'*^" 
tions, rules and by-laws for their government, and 
for the management of their concerns, as they may 
see fit, provided the same are not repugnant to the 
Constitution and Laws of this Commonwealth. 

[Approved by the Governor, February 20, in29.] 



CHAP. LXIX. 

An Act to alter and establish the Boundary Line 
between the Towns of Rutland and Paxton. 

Sec. 1. JjE jY enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That instead 



102 



WARREN SAVINGS ]NST. 



Feb. 21, 1829. 



Boundary. 



of the present Boundary line between the towns 
of Rutland and Paxton in the Count}- of Worces- 
ter, the following line be established and known as 
tha Boundary line between said towns, to wit : — 
beginning at a stone monument at the southeasterly 
corner of the said town of Rutland, on the line be- 
tween the towns of Ilolden and Paxton, and from 
thence running south eighty degrees, west, thirty 
and one half rods, to a stone monument at the road 
near the dwelling house of Stephen Fessenden, 
thence running south, sixty-eight degrees and 
twenty minutes, west, six hundred and forty-nine 
rods, to a stone monument between the dwelling 
houses of Samuel Chickering of said Rutland, and 
of John T. Metcalf of said Paxton, thence running 
south eighty-eight degrees and one half, west, three 
hundred and ten rods, to a stone monument at the 
northwesterly corner of the said town of Paxton. 

Sec. 2. Be it further enacted. That no past 
settlement of a pauper shall be altered or affected 
by the alterations of the line between said towns. 

[Approved by the Governor, February 20, 1829.] 



CHAP. LXX. 



JPersons 
rated. 



An Act to incorporate the Warren Institution for 
Savings, in the Town of Charlestown. 

Sec. 1. Jl5E it enacted by the Senate and House 

incorpo- ^j- Jicpresentaiives in General Court assembled, 

and by the authority of the same, That David 

Stetson, John Sweetser, Loammli Kendall, Elisha 



WARREN SAVINGS INST. Feb. 21, 1829. 103 

L. Phelps, Joseph Hunnewel!, John M. Robertson, 
Lot Pool, James K. Frothingham, Henry Jaques, 
Simeon Flint, Edward Adams, Joseph ('arter, 
Thomas Pike, Reuben Hunt, John Gregor}-, Ben- 
jamin Brintnall and Benjamin Whipple, and such 
others as may be duly elected, and their succes- 
sors, be, and the}^ are hereby incorporated into a 
body politic, by the name of the Warren Institu- 
tion for Savings. 

Sec. 2. Be it further enacted^ That the said 
Corporation shall be capable of receiving, from any 
])erson or persons disposed to obtain and enjoy the deposits. 
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 depos- 
its of money received by said Institution, ehall be how improved. 
by them improved to the best advantage, and be 
invested in such manner as best to promote the 
objects of the Institution, and the income or profit 
thereof shall be by them divided among the persons 
making the said deposits, their executors, adminis- 
trators or assigns, in just proportion, with reason- 
able deductions for expenses, and the principal of 
such deposits may be withdraw n at such times, and 
in such manner, as the said Institution shall direct 
and appoint. 

Sec. 4. Be it further enacted, I'hat the said 
Corporation shall, at any legal meeting, have power 
to elect by ballot any other person or persons as ^°mberlf '''"' 
members of said Institution, and any member, upon 
filing a written notice with the President thereof, 
three months prior, may, upon any annual meeting 
of said Corporation, withdraw and forever dissolve 
his connection with the same. 

Sec 5. Be it further enacted^ That the said 
Corporation may have a common seal, which they common seai. 
may alter and renew at pleasure, and that all deeds, 
conveyances, grunts, covenants, contracts and agree- 



104 WARREN SAVINGS INST. Feb.2\, 1829. 

ments, made by their Treasurer or any other per- 
son or persons by their authority and direction, 
shall be good and valid, and the said Corporation 
shall, at all times, have power to sue and may be 
sued, and may defend, and shall be held to answer 
by the name, style and title aforesaid. 

Sec. 6. Be it further enacted, That the said 
Corporation shall hereafter meet at Charlestown, 

Meetings. souic time in the month of April, annually, and at 

such other times as the Corporation may direct, 
and any nine members of said Corporation, the 
President, Treasurer or Secretary being one, shall 
be a quorum, and the said Corporation, at their 
first meeting, and at their meetings in April an- 

ciioice of pres. Huall}^, shall havc power to elect, by ballot, a Pres- 

ident. *c. ident, and aTieasurer, who shall give bond in the 
sum of ten thousand dollars, for the faithful dis- 
charge of the duties of his office, and such other 
officers as to them shall appear necessary, »vhich 
officers, so chosen, shall continue in office one 3'ear, 
and until others are chosen in their stead, and all 
officers, so chosen, shall be under oath to the faith- 
ful performance of the duties of their offices re- 
spectively. 

Seg. 7. Be it farther 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. 

Sec. 8. Be it farther enacted, That the said 
Corporation sliall have power to make b} -laws for 

Bylaws, t(c. thc Hiorc Orderly managing of their concerns, 
provided the same are not repugnant to the Con- 
stitution and Laws of this Commonwealth ; and 
the IvCgislature ma}' at any time make such fur- 
ther regulations for the government of the said 
Institution, as they may deem expedient, and may, 



ST. JOHiN'S CH. NORTH AMP. Feb. 24, 1829. 105 

at any time hereafter, alter, amend or repea 
this Act. 

Sec. 9. Be it further enacted, That any one of 
the persons named in tins Act shall have power to 
call the first meeting of the said Corporation at 
such time and place as he may judge proper, by 
giving personal notice to each individual named in 
this Act. 

[Approved by the Governor, February 21, 1829.] 



CITAP. J.XXI. 



Persons incorpo 
rated. 



An Act to incorporate tlie Minister, Wardens, 
Vestry and Proprietors, of St. John's Church, in 
the town of Northampton. 

Sec. 1. IjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Joseph G. 
Cogswell, Joseph Muenscher, Edward Parsons, 
Ira Atkins, A. E. Watson, George Pierce, and 
Amherst Thompson, togetlier with such others as 
have associatea or may hereafter associate with 
them, and their successors, with their polls and 
estates, be, and they hereby are incorporated into 
a society or body politic by the name of the Minis- 
ter, Wardens, Vestry and Proprietors of St. John's 
Church, in Northampton, with all the powers and 
privileges and subject to all the duties and restric- 
tions of parishes established by law, and by their 
said corporate name may sue and be sued, and sue and be sued 
may have and use a common seal and the same 
alter at pleasure at any legal meeting of the society, ^''™™*"' ^''•• 
and may ordain and establish such by-laws and 
regulations as to them may seem necessary and 



106 



ST. JOHN'S CH. NORTIIAMP. Feb. 24, 18-29. 



May assess. 



Society to sell. 



conveDient for the government of said society', and 
the management of their ministerial and parochial 
funds : 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 said society 
may purchase, receive b}^ gift or otherwise, and 
hold real and personal estate, the value of which 
shall not exceed thirty thousand dollars, for the 
purpose of building a Chiu'ch, and supporting pub- 
lic worship therein, and that all gifts, grants or 
monies received by said society, shall be under the 
direction of the Wardens and Vestry for the time 
being, agreeably to the usages of the Protestant 
Episcopal Church of the United States. 

Sec. 3. Be it further enacted, That the said 
Societ}-, at any annual meeting or adjournment 
thereof, may 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 for defraying such other expenses 
as the said Society may incur by reason of any 
repairs or additions to said Church, or in support of 
the public worship of God, according to the prin- 
ciples, rights and usages of the Protestant Episco- 
pal Church; and all such sums of money as shall 
be assessed or paid by virtue of this Act shall be 
apportioned according to a valuation thereof made 
by a committee, appointed by the said Society for 
tliat purpose, and recorded in the Clerk's book, of 
the Society. 

Sec. 4, Be it further enacted. That if the owner 
or owners of any pew or pews in said Church shall 
neglect or refuse to pay such sum or sums as may 
be assessed on such pew or pews, six months after 
notice of such assessment, the said Society are 
hereby authorized to sell such pew or pews at 
public auction, by giving three weeks previous 
notice of the time and place of sale, in some news- 
paper published in Northampton, and the money 



ST. JOHN'S CH. NORTHAMP. Feb. 24, 1829. 107 

arising from such sale, after first deducting the 
assessments due on such pew or pews and the ex- 
penses 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. 5. Be it further enacted^ That any person 
who shall become owner of any pew or pews in 
said Church, shall be deemed and become a mem- 
ber of said Society, and at all meetings of said So- Members. 
ciety any member or members, being owners of a 
pew or pews as aforesaid, shall be entitled to as 
many votes as the number of pews he or they shall 
own in said Church and no more, and every other votes. 
person who may become a member of said Society 
agreeably to the provisions of law, and is not at 
the same time the owner of a pew as aforesaid, 
shall be entitled to one vote only. 

Sec. G. Be it further enacted, That no assess- 
ment on the pews of said Church for any of the 
purposes aforesaid, as mentioned in the third sec- wheTvatid? 
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 favor of such assessment 
allowing one vote to every pew, and an}' owner or 
owners of a pew or pews as aforesaid shall at all 
meetings of said society be allowed to vote by 
proxy. 

Sec 7. Be it further enacted, That all deeds 
of pews in the Church, which may be made by said Record of Deeds. 
Society, shall be recorded within three months 
after the same are delivered, in the book of the 
Clerk of said Society', and need not be recorded in 
the office of the town Clerk, or of the Register of 
Deeds. 

Sec. 8. Be it further enacted, That any three 
of the persons named in this Act may call the first pj„j meeting. 
meeting of said Society, by giving public notice of 
the time and place of holding the same in the 
Hampshire Gazette. 
15 



108 PARTRIDGE MINIST. FUND. Feb. 24, 1829. 

Sec. 9. Be it further enacted, That this Act 
may be altered, amended or repealed at the pleas- 
ure of the Legislature. 

[Approved by the Governor, February 24, 1829.] 



CHAP. LXXIL 

An Act to incorporate the Trustees of the Par- 
tridge Ministerial Fund, in Duxbur}^ 

Sec. 1. JdE it enacted by the Sc?iate and House 
of Representatives in General Court assembled, 
and by the authority of the same. That Levi 
Loring, Isaiah Alden, Gershom B. Weston, vSamuel 
A. Frazur and George P. Richardson, all of Dux- 
edTmsteesVe^r bury, iu the County of Plymouth, and their suc- 
poweis,4^c cessors, are hereby appointed and confirmed as 
Trustees of the Partridge Ministerial Fund, in the 
Town of DLixbur}^ to receive, hold, manage and 
improve the propeity bequeathed to the said Trus- 
tees, for the purpose aforesaid, by George Par- 
tridge, Esquire, late of Duxbury, deceased, in and 
by his last Avill and codicil, the interest whereof is 
to be appropriated and applied to the support of 
the Minister of the First Congregational Church 
and Parish in said town ; and shall constitute a 
body politic and corporate by the name of the 
Trustees of the Partridge Ministerial Fund in the 
First Parish in Duxbury. 
Treasurer. ^'^^' 2- Bc it further cnuctedy That said Trustees 

shall choose annually one of their number as Trea- 
surer, who shall give bond to the acceptance of the 



PARTRIDGE MINIST. FUND. Feb. 24, 1829. 109 

Trustees, and the Treasurer, for the time being, 
shall, under the direction of the Trustees, receive 
and pay out the interest of said fund, agreeably to 
the will of the donor, and the Trustees are hereby 
empowered to choose annually, a Clerk, who shall 
be sworn to the faithful discharge of the duties of ^''''^''• 
his office, and any other officer they may deem ne- 
cessary for their government and regulation. 

Sec. 3. Be it further enacted., That said Trus- Removaiofxrus 
tees shall have power to remove from office any ^ees, ^c. 
Trustee when he shall become incapable, from age 
or otherwise, of discharging the duties of his office, 
and to fill all vacancies in the Board of Trustees, 
and to make all reasonable and lawful by-laws and 
regulations. 

Sec. 4. Be it further enacted., That it shall be Trustees to re- 
the duty of the Trustees to report yearly to said p°''- 
Parish, at their annual meeting in March or April, 
the true state of said fund for the time being. 

Sec. 5. Be it further enacted^ That Samuel A. rust meetine. 
Frazur be, and he hereby is, authorized to call the 
first meeting of the Trustees, by giving them per- 
sonal notice at least seven days before the time of 
holding such meeting. 

Sec. 6. Be it further enacted, That this Act 
may be altered or repealed at the discretion of the 
Legislature. 

[Approved by the Governor, February 24, 1829.] 



no 



MILTON SEC. CON. PARISH. Feb. 24, 1829. 



Persons incorpo- 
rated. 



Proviso. 



CHAP. LXXIII. 

An Act to incorporate the Second Congregational 
Parish in the Town of Milton. 

Sec. 1. JiJE it enacted by the Senate arid House 
of Representatives in General Court assembled^ 
and by the authority of the same, That Willard 
Felt, John Adams, James Adams, Daniel H. Ad- 
ams, Jonathan Beal, Junior, Zebediah Williams, 
John M. Adams, Zebediah Williams, Junior, Jo- 
seph Ewell, Junior, Henr}- Littlefield, Jeremiah T. 
Fenno, Jonathan F. Wellington, James Hall, Ed- 
ward Glover, Samuel Marden, Gridley Bryant, 
William Newcomb, Joseph S. Beal, Benjamin Beal, 
John Rand, Lewis Baxter, Jonathan Beal, Ezra 
Beal, Josiah Patch, William B. Duggan, James M. 
Glover and John R. Rowell, Avith such others as 
may associate with them, and their successors, be 
and they are hereby incorporated for religious pur- 
poses, into a Parish by the name of the Second 
Congregational Parish in Milton, with all the pow- 
ers and privileges, and subject to all the duties and 
obligations usually annexed to other Parishes by 
the Constitution and Laws of this Commonwealth. 

Sec. 2. Be it further enacted, That said Par- 
ish may receive, hold and possess, use and man- 
age, by such agents or trustees as they may elect 
for that purpose, any estate, real or personal, not 
exceeding twenty thousand dollars, exclusive of 
the meeting-house, and the land under the same : 
Provided, the income arising from said estate shall 
be appropriated exclusively to Parochial purposes. 

Sec. 3. Be it further enacted, That this Act 
may be altered, amended or repealed at the plea- 
sure of the Legislature. 

[Approved by the Governor, February 24, 1829.] 



Persons incorpo- 



EAMES MINISTERIAL FUND. Feb. 24, 1829. 1 1 1 



CHAP. LXXIV. 

An Act to incorporate the Trustees of the Eames 
Ministerial Fund in Holliston. 

Sec. 1. I3E it enacted by the Senate and House 
of Repi^esentatives in General Court assembled^ 
a?id by the authority of the same^ That Samuel 
Bullard, Abner Johnson, Timothy Fiske, Charles fateT 
Marsh and James Cutter, ail of Holliston, be, 
and they are hereby m:ide a body corporate, by 
the name of the Trustees of the Eames Ministe- 
rial Fund in Holliston, and the}' shall have full 
power and authority to make and ordain all neces- 
sary regulations and by-laws for their own govern- 
ment, and the security and management of said 
fund, provided the same be consistent with the 
Constitution and Laws of this Commonwealth : 
,^nd provided also, that the same be approved by proviao 
the town of Holliston, at any regular meeting or 
meetings duly holden for that purpose. 

Sec. 2. Be it further enacted, That said Trus- 
tees shall have power, and it shall be their duty to Estate. 
receive, secure, invest and hold, all monies or other 
property, or estate, given and bequeathed to the 
Town of Holliston by Aaron Eames, late of said 
Holliston, deceased, in and by his last will and 
testament, the same having been given and be- 
queathed as above mentioned, upon the special 
trust and confidence, that the principal thereof 
should be put on interest, and safely secured as a 
permanent fund for the support of the Gospel, and 
the interest and income of the same faithfully ap- 
plied to the maintenance of a Minister in said 
town of Holliston, as in and by the same last will 
and testament is particularly expressed and de- 
clared. 



112 



CANTON BAPT. CII. FUND. Feb. 24, 1829. 



Sec. 3. Be it further enacted, That the said 
Town of Holliston shall have power, and it shall 
Removal of Trus- ^^g thcif duty, at any meeting thereof, duly holden 
for that purpose, to remove from office any Trus- 
tee, whenever, by reason of age or other incapa- 
city, they may consider him incompetent to the 
discharge of the duties of that trust, and they shall 
also have power, and it shall be their duty, at a 
like meeting, to fill all vacancies which may from 
any cause happen in said Board of Trustees. 

Sec. 4. Be it further enacted, That Samuel 
Bullard, above named, be, and he is herebj autho- 
rized to call the first meeting of said Trustees, by 
giving to each personal notice thereof, seven days 
at least before the time of holding the same. 

Sec. 5. Be it further enacted, That the pow- 
ers given in and by this Act may at any time be 
altered, annulled or repealed, at the pleasure of the 
Legislature. 

[Approved by the Governor, February 24, 1829.] 



-First meeting. 



CHAP. LXXV. 

An Act to incorporate the Trustees of the Baptist 
Church Fund in Canton. 



Persons inrorpo- 
rated 



Sec. 1. JlJE it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That Ezra Til- 
den, Nathan Tucker and Friend Crane, be, and 
they hereby are constituted a body politic, by the 



CANTON BAPT. CH. FUND. Feb. 24, 1829. 113 

name of the Trustees of the Baptist Church 
Fund in Canton, and said Trustees shall have 
power to make such by-laws, for their own govern- ^y-i*^^^' 
raent and for the management of said Funds, as 
they may deem necessary, not repugnant to the 
Constitution and Laws of this Commonwealth. 

Sec. 2. Be it Jurther enacted, That said Trus- 
tees shall have power to collect, receive and hold, 
all such subscriptions, donations, grants and be- subscriptions, 
quests, of real or personal estate, as have been 'lonations, ^-c. 
made lo said Baptist Church, or may hereafter be 
made to the said Trustees, for the use and benefit 
of said Baptist Church, and the same shall be valid 
and effectual to all intents and purposes whatever, 
provided the annual income shall not exceed one 
thousand dollars. 

Sec. 3. Be it further' enacted, That the income 
of said funds shall be appropriated and expended 
for the support of a Gospel Minister of said Bap- i,„„„,g ^pp^„. 
tist Church, but no part of t!ie principal of said p""-^"^- 
funds shall be so expended, except in cases of 
donations or grants, wherein express authority may 
have been given by donors or grantors for that 
purpose. 

Sec. 4. Be it further enacted, That said Trus- 
tees shall have power to lease or sell, at their di- Trustees lo sen 
rection, the Pews in tlie Meetins; House belonsiine: ^®"'^' 
to said Church, and in case they shall sell said 
^ews, they shall add the proceeds of such sale to 
said funds, and apply the income thereof to the 
support of the Gospel Baptist Ministry, as herein 
before provided. 

Sec f>. Be it further enacted, That whenever 
any vacancy shall happen in said Board of Trus- vacancies, 
tecs, by death, resignation or otherwise, the male 
members of said Baptist Church, at a meeting no- 
tified for that purpose, may fill such vacancy, but 
the number shall never exceed three, and Ezra 
Tilden, above named, is hereby authorized to call 
the first meeting of said Trustees, by giving them 



114 N. ADAMS C. & M. MAN. CO. Feb. 24, 1829. 

personal notice of the time, place and purposes 
thereof. 

Sec. 6. Be it further enacted, That this Act 
may be altered, amended or repealed, at the plea- 
sure of the Legislature. 

[Approved by the Governor, February 24, 1 829.] 



CHAP. LXXVI. 

An Act to incorporate the North Adams Cotton 
and Machine Manufacturing Company. 

Sec. 1. xJe it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Thomas Higgin- 
bottom, Daniel P. Merriam and Ralph Howard, to- 
gether with such other persons as already have, or 
Persons incorpo- mav hereafter, associate vf\\\\ them, their succes- 

rated t J ^ ^ 

sors and assigns, be, and they are hereby made a 
Corporation, by the name of the Nortii Adams Cot- 
ton and Machine Manufacturing Company, for the 
purpose of Manufacturing Cotton Yarn and Cloth, 
and for the purpose of making Machinery, in the 
town of Adams, County of Berkshire, and for this 
purpose shall have all the powers and privileges, 
and be subject to all the duties and requirements, 
contained in an Act passed the third day of March, 
in the year of our Lord one thousand eight hun- 
dred and nine, defining the general powers and 
duties of Manufacturing Corporations, and the sev- 
eral Acts in addition thereto. 



Estate. 



METHUEN PARS. LANDS. Feb, 24, 1829. 115 

Sec. 2. Be it further enacted, That said Corpo- 
ration may be lawfully seized of such real estate, 
not exceeding the value of fifty thousand dollars, 
and such personal estate, not exceeding the value 
of fifty thousand dollars, as may be necessar}' for 
the purposes aforesaid. 

[Approved by the Governor, February 24, 1829.] 



CHAP. LXXVII. 

An Act authorizing the First Parish in Methuen to 
dispose of their Parsonage Lands. 

Sec. 1. 13 E it enacted by the Senate and House 
of Representatives in General Court assembled, tmd 
by the authority of the same, That the first 
Parish in Methuen be, and they are hereby autho- 
rized to make sale of their Parsonage lands and 
buildings : Provided, the net proceeds of such Proviso, 
sale shall be invested in a permanent fund with suf- 
ficient and adequate land security, the interest of 
which shall be appropriated towards the support of 
the Gospel in the Congregational Society in said 
Parish : ,^nd Provided also, that the Minister or provuo. 
Ministers of said Parish, if any such there be, at 
the time of the sale, assent thereto, and join in the 
conveyance of the property sold. 

Sec. 2. Be it further enacted, That the said 
Parish, under the restriction aforesaid, may autho- 
rize their Clerk, or such other person or persons 
as the said Parish may appoint, to make sale of the 
15 



116 BRAINT. S. PAR. M. HOUSE. Feb. 24, 182i;. 

aforesaid Parsonage land and buildings, and also to 
make and execute the necessary conveyance or 
conveyances thereof, for, and in the name, and on 
behalf of the said Parish, under such restrictions 
as they may direct. 

[Approved b}^ the Governor, February 24, 1 829.] 



CHAP. LXXVIH. 

An Act to incorporate the Proprietors of the South 
Parish Meeting House in Braintree. 

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 
Blake, Isaac Dyer, David Holbrook, Peter Dyer, 
persong incorpo- John R. HolHs, aud others, who have associated, or 
"**^' may hereafter associate with them, for the purpose 

of building a Meeting House in the South Parish 
of Braintree, their successors and assigns, be, and 
they hereby are, incorporated, and made a body 
politic, by the name of the Proprietors of the South 
Parish Meeting House in Braintree, and may or- 
By.i«wf. dain and establish such by-laws and regulations as 

to them may seem necessary and convenient, for 
the government of said Corporation, provided such 
by-laws and regulations be not repugnant to the 
Constitution and Laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the said 
Corporation may purchase and hold real and per- 
sonal estate, sufficient to erect a suitable house for 



EiBtat* 



BARRE EVAN. CONG. SOC. Feb. 2A, 1829. 117 

j)ublic worship,, a dwelling house for the accommo- 
dation of a minister, and such other buildings as 
may be necessary to the enjoyment of the same, scares. 
not exceeding, in amount, the sum of fifteen thou- 
sand dollars, and shall divide the same into shares, 
the number of which shall not be less than one 
hundred, nor more than two hundred and fifty, and 
may make and impose all necessary assessments 
on such shares. 

Sec. 3. Be it further efiacted, That any two of 
the Proprietors named in this Act, be, and they First meeting. 
hereby are, authorized to call the first meeting of 
said Proprietors, by posting notifications thereof in 
two public places in said Braintree, seven days be- 
fore the time of holding said meeting, stating the 
time, place and purposes thereof. 

Sec. 4, Be it further enacted, That this Act 
may be altered, amended or repealed, at the plea- 
sure of the Legislature. 

[Approved by the Governor, February 24, 1829.] 



CHAP. LXXIX. 

An Act to incorporate the Evangelical Congrega-' 
tional Society, in the town of Barre. 

Sec. 1. JlJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Anson Bates, 
Isaac Bassett, Joseph P. Bassett, Samuel M. Bas- S."" '""'^ 
sett, Simpson Earaes, Harding P. Woods, Abraham 
Jenkins, Joseph Barrett, Oliver Barrett, Samuel 



118 GREENFIELD MANUF. CO. Feb. 24, 1829. 

Clark, Benjamin Clark, Erastus Clark, Thomas 
Clark, Israel Demond, Arad Fay, Marshall S. Big- 
elow, Silas Bemis, Seth Caldwell, Mary McFar- 
land, Mary Ellis, Seth Lee, Joseph Rider, William 
Burt, Benjamin W. Childs, Hollis Freeman, Zenas 
Winslow, Joseph Paige, Nathan Hancock and Wil- 
liam A. Lee, together with those who have asso- 
ciated, or shall hereafter associate, with them, or 
their successors, for the purposes of public wor- 
ship, be, and hereby are, incorporated into a reli- 
gious society, by the name of the Evangelical Con- 
gregational Society in the Town of Barre, with all 
the powers, privileges and immunities to which 
other religious Societies in this Commonwealth are 
entitled by law and the Constitution thereof, and 
subject to the same duties and requirements. 

Sec. 2. Be it further enacted, That the said 
g^j. Society shall be capable in law to purchase, hold 

and dispose of any estate, either real or personal, 
for the purpose of public worship, provided the 
annual income thereof shall not at any time ex- 
ceed the sum of one thousand dollars. 

Sec. 3. Be it further enacted. That this Act 
may be, at any time, altered, amended or repealed, 
at the pleasure of the Legislature. 

[Approved by the Governor, February 24, 1829.] 



CHAP. LXXX. 

An Act to incorporate the Greenfield Manufactu- 
ring Company. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, 
&nd by the authority of the same, That Nathaniel 



SEAMEN'S FRIEND SOCIETY. Feb. 24, 1 829. 1 1 9 

E. Russell, Edmund Dwight, Jonathan Dwight, 
Junior, and Franklin Ripley, their associates, suc- 
cessors and assigns, be, and they are hereby, made flt'eT^ inc^po- 
a Corporation, by the name of the Greenfield Man- 
ufacturing Company, for the purpose of Manufac- 
turing Cotton and Wool in the town of Greenfield, 
in the County of Franklin, and for this purpose 
shall have all the powers and privileges, and be 
subject to all the duties and requirements, contain- 
ed in an Act passed on the third day of March,in the 
year of our Lord one thousand eight hundred and 
nine, entitled " An Act defining the general powers 
and duties of Manufacturing 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 exceeding in value the sum of fifty 
thousand dollars, and such personal estate, not ex- 
ceeding in value the sum of seventy-five thousand 
dollars, as may be necessary and convenient for 
carrying on the manufacture aforesaid. 

[Approved by the Governor, Februrary 24, 1829.] 



CHAP. LXXXI. 

An Act to incorporate the Managers of the Boston 
Seamen's Friend Society. 

Sec 1. JlSE it enacted by the Senate and House 
of Representatives in General Court assembled, and ^llllT •"co'^po^ 
by the authority of the same, That William Rey- 
nolds, George G. Jones, Charles Scudder, William 



120 



BOSTON' SEAMEN'S F. SOC. Feb. 24, 1829. 



Managers. 



B. Reynolds, Newton Willey, Benjamin Howard, 
Francis Watts, Joseph Ballister, Andrew Bradshaw, 
Ebenezer G. Parker, George Clark, and Israel 
Decker, together with the President, Vice Presi- 
dent, Secretary, and Treasurer of the Boston Sea- 
men's Friend Society, and their successors, be, 
and they are hereby incorporated and constituted 
Ti body politic, by the name of the managers of the 
BostonSeamen's Friend Society,with power to make 

syiawi. by-laws and regulations for their own government 

and the management of the concerns of said Soci- 
ety, not inconsistent with the Constitution and 
laws of this Commonwealth or of the United States, 
to take and hold real and personal estate not ex- 
ceeding forty thousand dollars in value, and sell 
and convey the same if necessary so as best to an- 
swer the purposes of their incorporation. 

Sec. 2. Be it further enacted, That the said 
managers shall never exceed sixteen in number, of 
whom the President, Vice President, Secretary, 
and Treasurer of the said Societ}^ shall be mem- 
bers, ex officio ; nine of whom shall be necessar}^ 
to constitute a quorum for the transaction of busi- 
ness, and it shall be the duty of said managers to 
fill all vacancies happening in their Board, as 
speedily as may be, that the interests of the Soci- 
ety vavLj not suffer thereb}'. 

Sec. 3. Be it further enacted, That the clear annual 

ancomeappropri- iucomc of the cstate or funds of said Corporation, 
not necessary to be applied to the payment of its 
debts, shall be annually expended in and applied 
to the religious, moral and professional instruction 
of seamen, in such manner as said managers shall 
direct. 

Sec. 4. Be it further enacted, That William 
Reynolds, and George G. Jones, above named or 
either of them, be, and hereby are authorized to 

First meeiing. ^^^ ^hc first meeting of said managers b}' causing 
a written or printed notice thereof to be left at 



BERKSHIRE HIGH SCHOOL. Feb. 26, 1829. 121 

the dwelling house of each, at least seven days be- 
fore the time of holding said meeting. 

Sec. 5. Be it further enacted. That the powers 
given by this Act may be altered, annulled or re- 
pealed at the pleasure of the Legislature. 

[Approved by the Governor, February 24, 1829.] 



CHAP. LXXXH. 

An Act to incorporate the Proprietors of the Berk- 
shire High School. 

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 Lemuel Pome- f^^^j"' '"<^°'p° 
roy, Chester Dewey, Henrj^ Shaw, Edward A. 
Newton, Samuel M. McKay, and Thomas B. Strong, 
with their associates, successors and assigns, be, 
and they hereby are made a body politic and cor- 
porate, by the name of the Proprietors of the Berk- 
shire High School, in the town of Pittsfield, in the 
County of Berkshire, for the ad/ancement of the 
purposes of education and instruction in the liberal 
Sciences and Arts, and the said Corporation shall 
have ])ower from time to time to choose a Clerk, choice of officer] 
Treasurer and such other officers as they may judge 
necessary, may have a common seal which they may co„,„o„s„, 
alter or renew at their pleasure, may make contracts, 
sue and be sued in all actions and prosecute and 
defend the same to final judgment and execution, 
and may make and establish an}'^ by-laws, rules and 
regulations for the government of their affairs, for 



122 



BERKSHIRE HIGH SCHOOL. Feb. 26, 1829. 



Aesesament*. 



First meeting. 



the division of their property into shares and for 
the sale and transfer thereof: Provided^ the same 
are not repugnant to the Constitution and laws of 
this Commonwealth. 

Sec. 2. Be it further enacted. That said Corpo- 
ration may lawfully hold and possess such real 
estate not exceeding in value the sum of sixty 
thousand dollars and such personal estate not ex- 
ceeding in value the sum of sixty thousand dollars 
as may be necessary and convenient for the pur- 
poses aforesaid. 

Sec. 3. Be it further enacted^ That said Corpo- 
ration may from time to time, at any legal meeting 
called for the purpose, assess upon each share in the 
capital stock such sum or sums of money as they 
may judge expedient for the objects of the incor- 
poration and defraying the expense thereof, to be 
paid to the Treasurer at such times as they may 
direct, and if any proprietor shall neglect to pay 
any such assessment for the space of ten days after 
such time of payment, it shall be lawful for the 
Treasurer to sell, at public vendue, such part of the 
shares of such delinquent proprietor as may be suf- 
ficient to pay such assessments with incidental 
charges, giving notice in a newspaper printed in 
said Pittsfield, of the time and place of sale, and 
the sum due on each share, three weeks succes- 
sively before the day of sale, and such sale shall 
be a legal transfer of the share or shares so sold to 
the purchaser thereof. 

Sec. 4. Be it further enacted, That any one of 
the persons named in this Act may call the first 
meeting of said Corporation by personal notice of 
the time and place of meeting given to each of the 
persons named herein ten days before the time of 
meeting. 

Sec. 5. Be it further enacted, That the Legisla- 
ture may at any time alter or repeal this Act. 



[Approved by the Governor, February 26, 1829.] 



ABBOT FEMALE ACADEMY. Fek 26, 1829. 123 



CHAP. LXXXIII. 

An Act to incorporate the Trustees of Abbot 
Female Academy, in Andover. 

Sec. 1. x5E it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same, That Mark Newman, pe„ons mcorpo. 
Milton Badger, Samuel C. Jackson, Samuel Farrar, '*'^^" 
Amos Blanchard, Hohait Clark, and Amos Abbot, 
be, and they hereby are incorporated into a body 
politic, by the name of the Trustees of Abbot 
Female Academy, and the}^ and their successors 
shall be and continue a body politic by that name 
forever. 

Sec. 2. Be it further e?iacted, That all lands, 
monies or other j)roperty, heretofore given or sub- firmed wTrur 
scribed for the purpose of erecting and establishing "'^'" 
a Female Academy, in the South Parish in An- 
dover, in the County of Essex, or which shall here- 
after be given, granted or assigned to the said 
Trustees shall be confirmed to the said Trustees 
and their successors in that trust forever, for the 
uses which in such instruments shall be expressed; 
and the said Trustees shall be capable of having, 
holding and taking in fee simple, by gift, grant, 
devise or otherwise any lands, tenements or other 
estate real or personal : Provided, the annual in- P'o^I'o 
come of the same shall not exceed the sum of five 
thousand dollars, and shall apply the interest, rents 
and profits thereof, so as most effectually to pro- 
mote the design of the Institution. 

Sec. 3. Be it further enacted, That the said Trus- 
tees for the time being, shall be the visitors and gov- Trustees' power. 
ernors of said Institution, and shall have full power 
from time to time to elect such officers thereof as 
they shall judge necessary and convenient, and fix 
17 



124 



ABBOT FEMALE ACADEMY. Feb. 26, 1829. 



JProvlio. 



Common Seal. 



the tenure of their respective offices; to remove 
from office any Trustee, whenever two-thirds of 
the whole Board deem it expedient; to elect two 
Trustees in addition to the present number, to fill 
all vacancies that may happen in the Board of 
Trustees by electing suitable persons therefor, to 
determine the times and places for holding their 
meetings, the manner of notifying the Trustees, 
the method of electing and removing members of 
the Board, to ascertain the powers and duties of 
their several officers, to elect instructors and in- 
structresses and prescribe their duties, to make 
and ordain reasonable rules, orders and by-laws 
with reasonable penalties for the government of 
the Institution : Provided, the same be not repug- 
nant to the Constitution and laws of the Common- 
wealth. 

Sec. 4. Be it further enacted., That the Trustees 
of said Academy may have a common seal which 
they may change at pleasure, and all deeds duly 
executed 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, sue and be sued in all actions and prosecute and 
defend the same to final judgment and execution 
by the name of the Trustees of Abbot Female 
Academy. 

Sec. .5. Be it further enacted, That the number 
of said Trustees shall never be more than nine nor 
less than five, four of whom shall be necessary to 
constitute a quorum for doing business, but a less 
number may adjourn from time to time, and a 
majority of those present shall always decide all 
questions, that may properly come before the same 
Trustees, except the question of the removal of 
any member of the Board. 

Sec. 6. Be it further enacted. That Hobart Clark, 
be, and he is hereby authorized and empowered to 
fix the time and place for holding the first meeting 
of the Trustees and to give them notice thereof. 



Number of Trus- 
tees 



First meeting. 



SOUTH PARISH, IN BRAIN. Feb. 26, 1829. 125 

Sec. 7. Be it further enacted, That this Act may 
be altered or repealed by the Legislature at any 
time hereafter. 

[Approved by the Governor, February 26, 1829.] 



Persons incorpo- 



CHAP. LXXXIV. 

An Act to incorporate the South Parish, in the 
town of Braintree. 

Sec. I. 1>E it enacted by the Senate and House 
of Representatives in General Court assembled, 
a?id by the authority of the same, That Peter Dyer, 
Isaac Dyer, William Blake, David Holbrook, John R. wYeT 
Hollis, Samuel A. Allen, Joseph Dyer, 2d. Warren 
Mansfield, Ezra Dyer, and others, who have asso- 
ciated or may hereafter associate with them, and 
their successors, shall be, and they hereby are in- 
corporated as a Religious Society and body politic 
and corporate, by the name of the South Parish in 
Braintree, with all the powers, privileges and im- 
munities, and subject to all the liabilities of Par- 
ishes according to the Constitution and laws of this 
Commonwealth. 

Sec. 2. Be it further enacted, That the said 
Parish shall have power to tax all pews in their ''*^"»"* 
meeting house not exceeding annually six per cen- 
tum of their original valuation made by a committee 
previous to the sale thereof, which shall be occupi- 
ed by persons who do not belong to said society, 
which taxes said occupants shall be holden to pay. 



126 



Estate, 



WEST PARISH, AMESBURY. Feb. 26, 1829. 

Sec. 3. Be it further enacted^ That said So- 
ciety may hold and possess by grant, gift, devise or 
otherwise, real and personal estate, for the purposes 
of supporting public worship, and other parochial 
charges not exceeding the net annual income of 
one thousand dollars, and shall have power to 
choose Trustees to manage the same under such 
restrictions, liabilities and responsibilities as they 
may deem proper, who shall apply the income 
thereof to the purposes for which the same may 
have been specially designed. 

Sec. 4. Be it further enacted, That this Act 
may be altered or repealed at the pleasure of the 
Legislature. 

[Approved by the Governor, February 26, 1829.] 



Power to sell 
Lands. 



Proviso. 



CHAP. LXXXV. 

An Act to authorize the West Parish in Ames- 
bury to make sale cf their Ministerial Lands, 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the West 
Parish in Amesbury, be, and the same is hereby 
authorized and empowered to make sale of all their 
Ministerial Lands and appropriate the monies aris- 
ing from the sale to the building of a Parsonage 
House, for the use of said Parish : Provided, that 
the Minister of said Parish, for the time being, 
shall concur with said Parish, in the sale of said 



.BOS. FIRE DEPART. INS. CO. Feb. 26, UVld. 127 

lands and in the execution of any deed or deeds 
made for the conveyance thereof. 

Sec. 2, Be it further enacted, That all the rents 
and profits arising from said Parsonage House, 
shall annually be a)3j>ropriated according to the 
original intention of said Parish, and in the same jAate'd*'^'*''^"" 
manner as the said Ministerial Lands were to be 
appropriated ; and all monies which may be paid 
by individuals towards building the aforesaid 
Parsonage House or any out buildings belonging 
thereto shall bs considered as an addition to the 
same, and the rents and profits arising therefrom, 
shall also be appropriated in the same manner as 
above provided. 

Sec. 3. Be it further enacted, That the said 
Parish, at any meeting thereof, duly held for that 
purpose, may elect any person or persons to make Persons may sen. 
sale of the premises, and under such restrictions 
and responsibilities as they may deem proper. 

[Approved by the Governor, February 26, 1829] 



CHAP. LXXXVl. 

An Act to incorporate the Boston Fire Depart- 
ment Insurance Company. 

Sec 1. 15e it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same. That Daniel 
C. Bacon, Moses Williams, Thomas C. Amory, f^^'^''"' ^<^"''^- 
Edward G. Prescott, Jacob C. Flint, George Dar- '' 
racott, George Lane, William H. Tileston,'j. Am- 



128 



BOS. riRE DEPART, INS. CO. Feb. 26, 1829- 



Proviso. 



oiy Davis, J. V. N. Throop, and their associates, 
successors and assigns, be, and they hereby are, 
incorporated into a Company and body politic, 
by the name of the Boston Fire Department 
Insurance Company, with full power and au- 
thority to make insurance against Fire, on all 
buildings and property liable to be burned and 
damaged by fire, for and during the term of twenty 
years after the passing of this Act ; and b}'^ that 
Sue and be sued, name may sue and be sued, plead and be implead- 
ed, appear, prosecute and defend to final judgment 
Common Seal, and cxecutiou, and have a common seal, tvhich 
the}' may alter at pleasure, and may purchase, hold 
and conve}^ any estate, real or personal, for the use 
of said Company : Provided^ they shall not hold 
real estate exceeding the value of ten per centum 
on the amount of capital paid in, excepting such 
as may be taken for debt by said Company, or held 
as collateral security for debts due to them. 

Sec. 2. Be it further enacted^ That the capital 
stock of said Company shall never exceed three 
Capital stock, huttdrcd thousand dollars, and shall be divided into 
shares of twenty-five dollars each, and the number 
of shares shall not be less than six thousand, nor 
more than twelve thousand, one third part of which 
shall be paid in money, within one hundred and 
twenty days from the first meeting of said Compa- 
ny, and the residue, also in money, within two 
years from and after the first meeting of said Com- 
pany, in such instalments, and under such penalties 
as the President and Directors shall direct and 
appoint. 

Sec. 3. Be it further enacted, That the stock, 
property, affairs and concerns 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 others 
are chosen, and no longer, and shall, at the time of 
their election, be stockholders of said Company, 
and citizens of this Commonwealth, and shall be 



Board of Direct- 
ors. 



BOS. FIRE DEPART. INS. CO. Feb. 26, 1829. 129 

elected, annually, on the first Monday of May, at 
such time and place, in the City of Boston, as a 
majority of the Directors, for the time being, may 
appoint, of which election, public notice shall be 
given in any three of the newspapers printed in 
said city, ten days next preceding such election j 
and the election shall be made by ballot by a ma- 
jority of the votes of the Stockholders present, 
allowing one vote to each share in the capital 
stock ; but no Stockholder shall vote at any elec- 
tion for Directors, unless the share or shares upon 
which he may claim to vote, shall have been stand- 
ing in his name in the books of the Corporation, 
for at least two months previous to such election : 
Provided, no Stockholder shall have more than proviso. 
twenty votes, and absent Stockholder may vote 
by proxy, under such regulations as the Company 
shall prescribe, and if, from any accident, the said 
Directors should not be chosen on the first Mon- 
day of May as aforesaid, it shall be lawful to 
choose them on another day, in manner herein 
prescribed. 

Sec. 4. Be it Jiirther enacted. That the Direct- 
ors, so chosen, shall meet as soon as may be after 
every election, and shall choose out of their num- idem.%cf ^"^' 
ber one person to be President, who shall be sworn 
faithfully to discharge the duties of his office, 
during the period for which he is elected; and the 
said Directors shall establish such compensation 
for his services as to them shall seem fit, and in 
case of the death, resignation, or inability to serve^ 
of the President, or any Director, such vacancy or 
vacancies shall be filled for the remainder of the 
year in which they happen, by a special election, 
at a meeting of the Stockholders, to be notified and 
held as is hereinbefore directed in case of annual 
elections ; and that the Directors of said Corpora- 
tion, for the time being, seven of whom shall form 
a quorum, shall have power to appoint such clerks, 
agents, servants, and ether officers, as shall be ne- 



130 



BOS, FIRE DEPART. INS. CO. Feb. 26, 1829. 



Competent 
Board. 



By-lawi, ^•c. 



'Froviso. 



JProvJso. 



cessary for the conducting and executing the busi- 
ness of the said Corporation, and to allow the said 
persons, so appointed, such compensation for their 
services respectively as they shall deem reasonable, 
and to take security from any of the said officers, 
for the faithful discharge of their duties. 

Sec. 5. Be it further enacted, That the Pres- 
ident and six of the Directors, or seven of the 
Directors in the absence of the President, shall be 
a Board comnetcnt for the transaction of business, 
and all questions before them shall be decided by 
a majority of votes, and they shall have power to 
make and prescribe such by laws, rules and regu- 
lations as to them shall appear needful and proper, 
in respect to the management and disposition of 
the stock, property, estate and effects of said 
Company, and the transfer of shares therein, and 
the powers, duties and conduct of the several 
officers, clerks and servants employed in the ser- 
vice of the Company, and the election of the Di- 
rectors, and the making of policies, and all such 
matters as appertain to the business of Insurance : 
Provided, such by-laws, rules and regulations be 
not repugnant to the Constitution and Laws of this 
Commonwealth ; and they shall also have power 
and authority, in behalf of said Company, to make 
insurance on any property or buildings against 
damage to the saine by fire, originating in any 
cause except design in the assured, for such time, 
and on such conditions, and for such premium, as 
the parties may agree to, and to accept notes or 
other security for the premium : Provided, that 
the said Company shall not insure, on any one risk, 
more than ten per centum on the amount of the 
capital stock paid in ; and all policies of insurance, 
by them made, shall be subscribed by the Presi- 
dent or two of the Directors, and countersigned by 
the Secretary, and shall be binding and obligatory 
upon the said Company, when so signed, and have 
the like effect and force, as if under the seal of the 



Statement ren- 
dered in. 



BOS. FIRE DEPART. INS. CO. Feb. 26, 1829. 131 

Company ; and all losses duly arising under pol- 
icies so subscribed, may be adjusted and settled by 
the President and Board of Directors, or such 
agent as they shall authorize, and such adjustment 
shall be binding on said Company. 

Sec. 6. Be it further enacted, That the said 
Company shall not, directly nor indirectly, deal or 
trade in buying or selling anj^ goods, wares, mer- 
chandize, or commodities whatever. 

Sec. 7. Be it further enacted, That once in each 
year, and oftener, if required hy a majority of the 
votes of the Stockholders, llie Directors shall lay 
before the Stockholders, at a general meeting, an 
exact and particular statement of the profits, if any 
there be, after deducting losses and dividends, and 
also of the losses which shall have happened, and 
of the property and affairs of the Corporation, and 
the President and Directors of said Company shall, 
when and as often as required by the Legisla- 
ture of this Commonwealth, lay before them a 
statement of the affairs of said Company, and sub- 
mit to an examination concerning the same under 
oath. 

Sec. 8. Be it farther enacted, That it shall be 
the duty of the Directors to make semi-annual Dividends ah 
dividends of the interest arising from the capital '^"'""^" 
stock, and of the profits of said Company, if it 
should to them appear adviseable ; but monies re- 
ceived and notes taken for premiums of risks, 
which shall be undetermined and outstanding at 
the time of making any dividend, shall not be con- 
sidered as part of the profits of said Company ; 
and in case of any loss whereby the capital stock 
shall be lessened, no subsequent dividend shall be 
made until a sum equal to such diminution shall 
have been added to the capital. 

Sec 9. Be it further enacted, That any three 
of the persons named in the first section of this First meeting. 
Act are hereby authorized to call a meeting of the 
said Company in Boston, by advertising the same 
18 



132 HAT. MUT. FIRE INSUR. CO. Feb. 26, 1829. 

for two weeks successively in any three newspa- 
pers printed in said Boston, for the purpose of 
electing the first Board of Directors, who shall 
hold their offices until the first Monday in May, 
A. D. one thousand eight hundred and thirty, or 
until another Board shall be chosen. 

Sec. 10. Be it further enacted^ That the shares 
of the capital stock of the said Corporation shall 
Shares transfera- ^jg assignable and transferable, according to such 
rules and regulations as the President and Direct- 
ors shall, for that purpose, ordain and establish, 
and not otherwise. 

Sec. 11. Be it further e?iacted, That the capital 
stock of said Insurance Company, or any part of it, 
shall not be sold or transferred, during the term of 
one year, after this charter shall be put in opera- 
tion as aforesaid, and in case the same shall not be 
put in operation within one year from the passage 
of this Act, the same shall be void. 

Sec. 12. Be it further enacted, That this Act 
shall be subject to revision or repeal, at the will of 
the Legislature. 

Sec. 13. Be it further enacted, That said Boston 
Fire Department Insurance Company shall be liable 
ti^. to be taxed by any general law providing for the 

taxation of all similar Corporations. 

[Approved by the Governor, February 26, 1829.] 



CHAP. LXXXVII. 

An Act to incorporate the Mutual Fire Insur- 
ance Company of Hatfield and the vicinity. 

Sec 1. xJE it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same. That Luman 



HAT. MUT. FIRE IjVSUR. CO. Feb. 26, 1829. 133 

Pease, Erastus Billings, Roswell Billings, Thadde- Pefsons incorpo- 
us Graves, Samuel Partridge, John Warner, Moses 
Moreton, Alpheus Longley, Justin Wait, Solomon 
Graves, Pliny Day and their associates, successors 
and assigns,are hereby constituted a body politic and 
corporate, by the name of the Mutual Fire Insur- 
ance Company of Hatfield and the vicinity, with 
the powers and privileges incident to such corpo- 
rations for the term of twenty eight years. 

Sec. 2. Be it further enacted^ That when tlie when to insure, 
sum subscribed to be insured shall amount to fifty 
thousand dollars, said Corporation may insure for 
the term of from one to seven years, any dwelling 
house, barn, store or other building with their con- 
tents to any amount not exceeding three quarters 
of the value of the property insured. 

Sec. 3. Be it Jurther enacted^ That said Cor- choice of om- 
poration may choose such officers and establish ""•♦<=• 
such by-laws as they may deem necessary not re- By-iaw8, ^c. 
pugnant to the Constitution and laws of this Com- 
monwealth, end each member shall have as many 
votes as he has policies, and may vote by proxy 
legally authorized. 

Sec. 4. Be it further enacted, That the Funds t?d"a"!fiaprro7i' 
of said Corporation shall be vested in Stocks or *""*■ 
loaned on such security as the Directors may or- 
der, and shall be appropriated first to pa}' the ex- 
penses of the Corporation, and next to paj' the 
damages which any member may be entitled to re- 
cover on his policy ; in case any member shall 
have a just claim upon the Corporation exceeding 
the amount of their then existing funds, the Direc- 
tors shall without delay assess such sum as may be 
necessary on the members in proportion to the 
amount of their premiums and deposits for seven 
years, but not to exceed treble the amount of such 
premiums and deposits. 

Sec. .'). Be it further enacted., That whenever Member recorer- 

, . ' . , • i. -1 '"8 judgment 

any member shall recover judgment agamst said may levy, ^-c. 
Corporation he may levy his execution on their es- 
tate or funds, but if sufficient estate or funds can- 



134 



HAT. MUX. FIRE INSUR. CO. Feb. 26, 1829. 



Proviso. 



Policy to create 
a lien. 



Proceedings in 
case of resort 



Liable to Taxa- 
tion. 



^irs t meeting- 



not be found he may levy the same on the private 
property of any one of the Directors : Provided^ 
they first refuse or neglect for the space of sixty 
days to satisfy the execution after formal demand 
made on them for that purpose, and any Director 
whose property may be thus taken may sustain an 
action of the case against the Corporation to re- 
cover full and adequate damages therefor. 

Sec. 6. Be it further enacted., That each policy 
of insurance shall of itself without any other cer- 
emony create a lien on any building insured, and 
on the land under it, for the payment of the pre- 
mium stipulated in said policy, and of all assess- 
ments lawfully made by virtue thereof, and this 
provision shall not prevent the taking of other col- 
lateral security. 

Seg. 7. Be it further enacted., That in case it 
should become necessary to resort to the lien on the 
property insured, the Treasurer shall demand pay- 
ment of the insured or his legal Representative, 
and likewise of the tenant in possession, and in 
case of non-paymeni, the Corporation may sustain 
an action for any sum due either b}^ the deposit 
note or by assessment, and their execution may be 
levied on the insured premises, and the officer 
making the levy may sell the whole or any part of 
the estate at auction, giving notice and proceeding 
in the same manner as is required in the sale of 
equities of redemption on execution, and the own- 
er shall have a right to redeem the estate by pay- 
ing the cost of sale, the amount of the execution 
and twelve per cent interest thereon within one 
year from such sale. 

Sec. 8. Be it further enacted, That this Cor- 
poration shall be liable to be taxed by any general 
law of this Commonwealth, taxing other similar in- 
stitutions, and any person named in this Act may 
call the first meeting by advertising the same in 
any newspaper printed in the County of Hamp- 
shire. 

[Approved by the Governor, February 26, 1829.] 



B. & G. GRANITE MANU. CO. Feb. 26, 1829. 135 



CHAP. LXXXVIIl. 

All Act to incorporate the Boston and Gloucester 
Granite Manufacturing 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 William ^^^^^^^ mcorpo- 
Wood, Jeremiah Wetherbee and William Crehore, f*'^'*- 
their associates, successors and assigns be, and they 
hereby are made a Corporation, by the name of the 
Boston and Gloucester Granite Manufacturing Com- 
jiany, lor the purpose of procuring, hammering and 
cutting Granite Stones in the City of Boston and 
town of Gloucester, and for the purposes aforesaid, 
shall have all the powers and privileges, and be sub- 
ject to all the duties and requirements contained in 
an act passed tlie third day of March, in the year 
of our Lord one thowsand eight hundred and nine, 
entitled "An Act defining the general powers and 
duties of Manufacturing C'orporations," and the sev- 
eral acts in addition thereto. 

vSec. 2. Be it further enacted. That the said Cor- 
poration may be lawfully seized and possessed of ^^^^^^ 
such real estate, not exceeding the value of twenty 
thousand dollars, and such personal estate, not ex- 
ceeding the Vcflue of thirty thousand dollars as may 
be necessary for the purposes aforesaid. 

[Approved by the Governor, February 26, 1829.] 



136 



FIRST CON. PAR. HAMILTON. Feb. 27, 1829. 



CHAP. LXXXIX. 

An Act to incorporate the First Congregational 
Parish in Hamilton. 



Inhaliitants, i^c, 
incorporated. 



Votes, 4-c. rela- 
tive to parish 
business made 
valid. 



Proviss. 



First meeting. 



Sec. 1 13 Hi it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority oj the same, That all the 
inhabitants of the town of Hamilton in the Count}' 
of Essex, with all the lands in said town, (except 
such inhabitants and such lands as do belons: to some 
other Parish or religious societ}^ or are exempt 
by law from Parish charges in said town of Hamil- 
ton,) be, and thej are hereby incorporated into a 
Parish, by the name of the first Congregational 
Parish in Hamilton, subject to all the duties, and 
vested with all the rights and privileges to which 
Parishes are by law entitled. 

Sec. 2. Be it further enacted That the votes 
and proceedings of the said Town of Hamilton 
or of the said inhabitants hereby incorporated, 
relative to Parish business, are hereby confirmed 
and made valid to all intents and purposes ; and 
the said Parish hereby incoiporated, shall be deem- 
ed and taken to be successors of the said town of 
Hamilton, as far as relates to parochial proceed- 
ings, rights and privileges, and subject to all con- 
tracts of a parochial nature, which may have been 
made by said town : Provided, however, that noth- 
ing herein contained shall take from any persons 
inhabitants of said Hamilton, not included in this 
act, nor from any other persons, nor from the said 
town, any rights or property to which they are now 
legally entitled. 

Sec. 3. Be it further enacted. That the first 
meeting of said Parish shall be convened by a 
warrant to be issued by any Justice of the peace 



PORT SOCIETY. Feb. 27, 1829. 137 

in the County of Essex, directed to any member 
or members of said Parish, to meet at a suitable 
time and place, and for the purposes to be appoint- 
ed and expressed in such warrant. 

Sec. 4. Be it further enacted, That this act 
may be altered, amended or repealed at the pleas- 
ure of the Legislature. 

[Approved by the Governor, February 27, 1829.] 



CHAP. XC. 

An Act to incorporate the Managers of the Port 
Society of the City of Boston and its vicinity. 

Sec. 1. JlJE it enacted by the Setiate and House 
of Representatives in General Court assembled^ 
and by the authority of the same, That William 
True, William Dyer, Warren Bovvker, Thomas peMong mcorpc?: 
Patten, Oliver Train, N. K. Skinner, George South- 
erland, Jacob Foster, John Templeton, Thomas 
Bagnall, George Bowers, William Parker, Samuel 
F. Holbrook, William W. Motley and James Hutch- 
inson, and their successors be, and they hereby are, 
incorporated and constituted a body politic, by the 
name of the Managers of the Port vSociety of the 
City of Boston and its vicinity, capable in law, to 
have and hold, in fee simple or otherwise, any es- 
tate real or personal, the annual income of which e«'*'«- 
shall not exceed two thousand dollars, to be invest- 
ed and applied in such way and manner as will best 
promote the objects of said Society, to improve 
the moral and religious condition of Seamen in 
Boston, and its vicinity, and may appoint all such 



138 



PORT SOCIETY. 



Feb. 27, 1820. 



By-Iawg. 



agere 



Managers to keep 
record, 4'C, 



officers as may be necessary for the management 
of their affairs, and may make and adopt such by- 
laws and regulations as nia}^ be necessary for the 
government of said Corporation, not repugnant to 
the Constitution and Laws of this Commonwealth. 
Sec. 2. Be it further enacted, That the num- 
Numberof Man b^r of managers shall never be more than fifteen, 
nine of whom shall constitute a quorum for the 
transaction of business, and all vacancies in said 
board shall be filled in such manner as said societ}^ 
shall direct ; said managers shall have power to re- 
move from office any manager when from any 
cause he shall become incapable in their judgment 
of discharging the duties of his office. 

Sec. 3. Be it further enacted. That said mana- 
gers shall keep a fair record of all their proceedings 
which shall be open to the inspection of any com- 
mittee appointed by said society for that purpose, 
and said managers shall annually exhibit to said 
society a correct statement of funds in their pos- 
session, and of their income, receipts and expendi- 
tures; and they shall be liable, individually, in 
damages in a special action of the case, to said so- 
ciety, for any waste or misapplication of said funds; 
and shall receive no compensation for their servi- 
ces, other than what shall be voted or allowed by 
said Society. 

Sec 4. Be it firther enacted, That William 
True, be, and he is hereby authorized to call the 
first meeting of said managers, b}' giving to each 
one personal notice of the time place and purpose 
of such meeting at least seven days before the time 
of holding the same. 

Sec 5. Be it further enacted, That this Act 
may be altered, amended or repealed at the plea- 
sure of the Legislature. 



Managers liable 
for damages. 



•First meeting. 



[Approved by the Governor, February 27, 1829.] 



Persons incorpo- 



LYNN MILL DAM. Feb. 27, 1829. 139 



CHAP. XCf. 

An Act to incorporate the Proprietors of the 
Lynn Mill Dam. 

Sec. 1. JoE it enacted by the Senate and House 
of Represeiitatives in General Court assembled, 
and by the authority of the same. That Timothy 
Alley, Daniel Breed, John Lovejoy, John L. John- "'^'* 
son, John Alley, Isaac Basset, Jr. Isaiah Breed, 
Nathan Breed, Isaac Gates, Micajah C. Pratt, 
Stephen Smith, Jr. and John Alley, the third, to- 
get'iier with such others as now have associated or 
may hereafter associate with them, their successors 
and assigns, be, and are hereby made a Corpora- 
tion, b}' the name of the Proprietors of the Lynn 
Mill Dam, for the purpose of erecting a Dam from 
Union Wharf, in Lynn, in the County of Essex, to 
Hog Point, (so called,) and for the erecting of 
Mills and Machinery, thereon ; — and for this pur- 
pose shall have all the j)0wers and privileges and 
shall be subject to all the duties and requirements, 
prescribed and contained in an Act passed on the 
third day of March, in the year of our Lord one 
thousand eight hundred and nine, entitled " an Act 
defining the general powers and duties of Manu- 
facturing Corporations," and the several Acts in 
addition thereto. 

Sec. 2. Be it further enacted, That the said 
Proprietors of the Lynn Mill Dam, in their corpo- 
rate capacity may lawfully hold and possess real 
estate not exceeding in value the sum of twenty Estate. 
thousand dollars and personal estate not exceed- 
ing in value the further sum of twenty thousand 
dollars. 

Sec. 3. Be it further enacted, That any one of 
the uersons named in this Act, be, and either of 
19 



140 



First meeting. 



UNION WHARF. 



Feb. 27, 1829. 



said persons is hereby authorized to appoint the 
time and place for holding the first meeting of said 
Corporation, giving ten days notice thereof to the 
others, either by personal notice or otherwise. 

[Approved by the Governor, February 27, 1829.] 



CHAP. XCH. 

An Act to authorize the Proprietors of Union 
Wharf to extend the same. 



Distance, |-c. 



Sec. 1. xJe 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 Wharf, in the City of Boston, now called 
and known by the name of Union Wharf, be, 
and they are hereby authorized and empowered to 
extend the said Wharf, towards the channel to any 
distance not exceeding one hundred and twenty 
feet from the present end thereof; and that they 
shall have and enjoy the right and privilege of 
using and occupying the flats adjacent* to said 
Wharf when so extended, at the end and at the 
sides thereof in the same manner in which they 
have hitherto occupied and enjoyed the flats or 
docks adjoining said wharf as it now is : Provided, 
however, that neither the said Proprietors nor their 
assigns shall have nor claim any right to extend the 
said Wharf, nor to use and occupy the flats which 
shall be on the north side of said Wharf, when so 
extended bevond a line drawn in continuation of 



WORCESTER COAL CO. Feb. 27, 1829. 141 

the boundary line dividing the lands and flats of 
the Petitioners, from the lands and flats of the 
Proprietors of Rhoades Wharf, so called ; nor have 
nor claim any right to extend the said Union 
Wharf, nor to use and occupy the flats which shall 
be on the south side of said Union Wharf, when 
so extended beyond a line drawn about eastwardly 
from the middle of a line, extending from the 
southern boundary line of the lands of the Pro- 
prietors of said Union Wharf, to the northern 
boundary line of the lands of the Proprietors of 
Sargent's Wharf, so called, through the point at 
which said boundary lines when extended will in- 
tersect each other. 

Sec. 2. Be it further enacted. That nothing 
herein contained shall be so construed as to aU' not^'Sre' o'uier 
thorize said Proprietors to lessen or injure the p-^op^'y- 
rights or property of any other person or persons 
whatsoever. 

[Approved by the Governor, February 27, 1829.] 



CHAP. XCIII. 

An Act to incorporate the Worcester Coal Company. 

Sec. 1. 15 E it enacted by the Senate and House 
of Represeyitatives in General Court assembled, 
and by the authority of the same, That Samuel ^^ 
B. Thomas, William E. Green, Asahel Bellows, rated 
George A. Trumbull, Isaac Davis, Benjamin 
Butman, and Nathaniel Paine, with such as already 
have associated or may hereafter associate with 



rsons incorpo- 



142 DIAMOND MANU. CO. Feb. 27, 1829. 

them, their successors or assigns be, and they here- 
by are made a Corporation by the name of the 
Worcester Coal Company, for the purpose of dig- 
ging and raising Anthracite Coal in the town of 
Worcester and for vending the same, and for that 
purpose shall have all the powers and privileges, 
and be subject to all the duties and requirements 
contained in an Act passed the third day of March, 
in the year of our Lord, one thousand eight hun- 
dred and nine, entitled " an Act defining the gen- 
eral powers and duties of Manufacturing Corpora- 
tions," and in the several Acts in addition thereto. 
Sec. 2. Be it further enacted, That the said 
Corporation may be lawfully seized and possessed 
of sucii real estate, not exceeding the value of four 
hundred thousand dollars, and such personal estate 
not exceeding two hundred thousand dollars, as may- 
be necessary and convenient for the purposes 
aforesaid. 

[Approved by the Governor, February 27, 1829 ] 



£«tate. 



Peraons 
rated. 



CHAP. XCIV. 

An Act to incorporate the Diamond Manufacturing 
Company. 

Sec 1 . JlSE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Asa Whitman, 
incorpo- Jiarvey Clapp, and Oliver Eldridge, together with 
such others as now are or may be hereafter associa- 
ted with them, their successors or assigns, be, and 



BOST. & LOWELL MAN. CO. Feb. 27, 182\?. 14: 

they hereby are made a Corporation, by the name 
of the Diamond Manufacturing Company, for the 
purpose of manufacturing Cotton andWoollenGoods 
in the town of Walpole, County of Norfolk, and for 
this purpose shall have all the powers and f>rivi- 
leges, and shall be subject to all the duties and re- 
quirements, prescribed and contained in an Act pas- 
sed 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 
Diamond Manufacturing Company may lawfully 
hold and possess such real estate, not exceeding ^^^^^^ 
the value of ten thousand dollars, and such person- 
al estate, not exceeding twenty thousand dollars, 
as may be necessary and convenient for carrying 
on the manufacture aforesaid. 

[Approved by the Governor, February 27, 1829.] 



CHAP. XCV. 

An Act to incorporate the Boston and Lowell Man- 
ufacturing Company. 

Sec 1. dE it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That Joseph S"' '"'''"^'*' 
Hurd, Robert Waterston, Thomas Lord, Luther 
Parks, William Whitnev and James C. Dunn, to- 



144 BANKS AND BANKING. Feb. 28, 1829. 

gether with such others as now have associated, or 
may hereafter associate with them, their succes- 
sors and assigns, be, and are hereby made a Cor- 
poration, by the name of the Boston and Lowell 
Manufacturing Company, for the purpose of Man- 
ufacturing Woollen and Cotton Yarn and Cloth, in 
the town of Lowell, in the County of Middlesex, 
and for this purpose shall have all the powers and 
privileges, and shall be subject to all the duties and 
requirements, prescribed and contained in an Act 
passed on the third day of March, in the year of 
our Lord one thousand eight hundred and nine, 
entitled " An Act defining the general powers and 
duties of Manufacturing Corporations," and the 
several Acts in addition thereto. 

Sec. 2. Be it further enacted, That the said 
Boston and Lowell Manufacturing Company, in 
their corporate capacity, may lawfully hold and 
possess real estate, not exceeding in value the sum 
of three hundred thousand dollars, and personal 
estate, not exceeding in value the further sum of 
two hundred thousand dollars. 

[Approved by the Governor, February 27, 1829.] 



Estate. 



CHAP. XCVI. 

An Act to regulate Banks and Banking. 

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, every Bank which shall 



BANKS AND BANKING. Feb. 28, 1829. J 45 

receive a Charter, from or by the authority of this 
Commonwealth, and every Bank whose Capital 
shall be increased, or whose Charter shall be ex- 
tended, shall be governed by the following rules, 
and subjected to all the duties, limitations, restric- 
tions, liabilities and provisions, contained in this 
Act. 

Sec. 2. Be it Jurther enacted, That every Bank 
incorporated by the authority aforesaid, shall be a 
Corporation by the name of the President, Direc- 
tors and Company of the Bank, (the blank 
to be filled as the case may require,) capable in 
law to sue and be sued to final judgment and exe- suean.ibesued. 
cution. to have and use a common seal and the 

, • , 1 I 1j 1 Common Seal. 

same at pleasure again to break, alter and renew ; 
and also to establish and put in force such by-laws By-iaws. 
and regulations as to them shall appear necessary 
and convenient for the government of said Corpo- 
ration, and at any legal meeting of the Stockhold- 
ers duly called therefor by a majority of votes the 
same to alter, amend or annul, and to substitute 
others in their place as sliall seem to them right 
and expedient, which being entered on their books 
shall be valid and binding : Provided, that such »'fov'«°- 
by-laws and regulations shall in no wise be con- 
trar}' to the Constitution and L?ws of this Common- 
wealth ; and said Banking Corporations are hereby 
made capable in law to have, hold, purchase, re- 
ceive, possess and retain to them, their successors 
and assigns, lands, rents, tenements and heredita- l^„^^^.^ 
ments to an amount authorized by law, with power 
to bargain, sell and dispose of the same, and to 
loan and negotiate their monies and effects, by dis- 
counting on banking principles on such security as 
they shall think advisable. 

Sec. 3. Be it further enacted. That no Bank, 
except such as are now incorporated shall 20 into 

r . 1 J- .1 '"•i 1 Ml Whentogointo 

operation, make discounts, loan money, emit bills operation, 
or promissory notes until fifty per centum, at least, 
of its Capital Stock shall have been paid in gold 



146 



BANKS AND BANKING. 



Feb. 28, 1829. 



Commissionera 
•?o examine. 



' Loans, IfC. 



and silver money, and existing in its vaults, which 
shall have been examined by three Commissioners 
appointed by the Governor, whose duty it shall be, 
at the expense of the Bank, to examine and count 
the money actually in the vaults, and to ascertain, 
by the oaths of a majority of the Directors of said 
Bank, that its Capital hath been paid in by the 
stockholders of said Bank, toward payment for their 
respective shares and not for any other })urpose, 
and that it is intended to have it therein remain as 
part of said Capital, and to return a certificate 
thereof to the Governor, and no loan shall be made 
to any Stockholder until the full amount of his 
shares shall have been paid into the Bank; and it 
shall not be lawful for any Bank to have owing to 
it, on loan on a pledge of its own Stock, a greater 
amount than fifty per centum of its Capital Stock 
actuall}^ paid in ; and no part of the Capital Stock of 
any Bank sliall be sold or transferred, until the 
whole amount thereof shall have been paid in. 

Sec. 4. Be it further enacted. That the amount 
of Bills issued by any Bank shall not at any one 
time exceed twenty five per centum, be} ond the 
amount of tiie Capital Stock actually paid in, and 
no loan or discount shall be made, nor shall any 
bill or note i)e issued by said Corporation, or by 
any person on their account, in an}' other place 
than at the said Bank. 

Sec. 5. Be it further enacted, That the total 
amount of debts which any Banking Corporation, 
shall at any lime owe, whether by bond, bill, note 
or other contract, shall not exceed twice tise amount 
■ of its Capital Stock actually paid in, exclusive of 

sums due on account of deposits ; nor shall there 
be due to said Corporation at any one time, more 
than double the amount of its Capital Stock actu- 
ally paid in. In case of excess of debts so due 
from said Bank, the Directors, under whose admin- 
J'ecSncM^of istration it shall happen, shall be liable for the same 
excetB. jp their private capacities ; and an action of debt 



^lUa, 4c. 



^tebte, ^c. 



BANKS AND BANKING. Feb, 28, 1829. 147 

may in such case be broiii2;lit against them or any 
of them, their or any of their heirs, executors or 
administrators, in any court proper to try the same, 
by any Creditor or Creditors of said Corporation, 
and may be prosecuted to final judgment and exe- 
cution, any condition, covenant or agreement to the 
contrary notwithstanding : — but this shall not be 
construed to exempt said Corporation, or the lands, 
tenements, goods or chattels of the same, from be- nawe'!'''''''" '"^" 
ing also liable for and chargeable with said excess. 
Such of said Directors who may Iiave been absent 
when said excess was contracted or created, or who 
may have dissented from the resolution or act ^ionrnXST 
whereby the same was contracted or created, may 
respectively exonerate themselves from being so 
liable, by forthwith giving notice of the fact, and of 
their absence or dissent, to the Governor and Coun- 
cil, and to the vStockholders at any general meeting, 
which they shall have power to call for that pur- 
pose. 

Sec. 6. Be it further enacted, That no Bank- Not to vest its 
ing Corporation wnthin and under the authority of uade!^''^*^*'" 
this Commonwealth shall vest, use or improve any 
of its monies, goods, chattels or effects in trade or 
commerce; but any Corporation aforesaid may sell 
all kinds of personal pledges lodged with it by way 
of security to an amount suflicient to reimburse the 
sum loaned with interest and expenses. Every 
Hanking Corporation as aforesaid may hold real es- 
tate, lands and tenements requisite for the conve- 
nient transaction of its business, not exceeding 
twelve per centum on the amount of its Capital 
Stock, unless they have been or shall be thereto 
specially authorized, exclusive of what it may hold 
on mortgage, receive on execution, or take as se- 
curity for, or in the payment of any debt to said 
Corporation, and no more. 

Sec. 7. Be it further enacted, That none but 
a member of the Corporation for which he is cho- 
sen a Director, being a citizen of, and resident 
20 



148 



BANKS AND BANKING. 



Feb. 28, 1829. 



Choice of Presi. 
dent. 



in the Commonwealth shall be eligible to that of- 
fice ; and a majority of Directors in any Bank shall 
be residents within the County where the Bank is 
located ; and no person shall be a Director in two 
Banks at one and the same time ; no Bank shall 
have less than five, nor more then twelve Directors, 
to be determined by their by-laws. The Directors 
shall choose one of their own number to act as 
President, and in case of the absence of the Presi- 
dent, a Chairman may be appointed for the time 
being. A majority of the Directors shall always 
be necessar}^ to constitute a quorum for doing 
business; the Directors may make the President 
such conipensation as shall appear to them reason- 
able. 

Sec. 8. Be it further enacted, That the Direc- 

choiccofDirec- tors shall be chosen by ballot annually, at a meet- 
ing to be holden on the first Monday in October, 
by the Stockholders, at such time and place, with- 
in the city or town where said Bank is established, 
as the President and Directors for the time being 
may designate, by giving public notice thereof four- 
teen days previous (hereto in some newspaper 
printed in the county, and if there be no news- 
paper in said county, tlien in some one 
city of Boston. The number of votes to 
each Stockholder shall be entitled shall be 
ding to the number of shares he shall hold, 
following proportion, that is to say, for one 
one vote, and every two shares above one shall give 
a right to one vote more, provided no one member 
shall have more than ten votes, and absent mem- 
bers may vote by j^roxy, such proxy being author- 
ized in writing ; vacancies occuring in the board of 
Directors, before the expiration of the term for 
which they were chosen, may be filled at any 
meeting of the Stockholders called for that pur- 

speciai meetings, pose as herein before provided. In like manner 
the Directors shall have power to call special meet- 
ings of the Stockholders, as often as they think the 
interest of the Corporation may require it. 



Votes. 



in the 
which 
accor- 
in the 
share. 



Vacancies. 



BANKS AND BANKING. Feb. 28, 1829, 149 

Sec. 9. Be it further enacted, That the Direc- 
tors shall make half yearly dividends of the pro- 
fits of the Bank. The Directors shall have power w^><J«"<'*' 
to appoint a Cashier, Clerks, and such other offi- 
cers for carrying on the business of the Bank, with 
such salaries, as to them shall seem meet, and such 
Cashier, Clerks, and other officers shall retain their ^S';Tc"* °^ 
places until removed therefrom, or others are ap- 
pointed in their stead. 

Sec 10. Be it further enacted, That the Cash- 
ier, before he enters on the duties of his office, ^aswer to giv« 
shall give bond or bonds with two or more sureties, 
to the satisfaction of the board of Directors, con- 
(lition(Hl for the faithful performance of the duties 
of his office : Provided, that in no case shall bonds rroviso. 
be taken for a less sum than twenty thousand dol- 
lars, nor a greater than fifty thousand dollars. It 
shall be the duty of the Cashier of any Bank afore- 
said to call special meetings of the Stockholders 
at any time hereafter, on the application in writing 
of the Proprietors of twenty per centum of the 
Capital Stock thereof, by giving fourteen days pub- 
lic notice of such meeting in the manner herein be- 
fore provided. 

Sec. 11. Be it further enacted, That in case the 
officers of any Banking Corporation aforesaid in the notefV ^^^ 
usual banking hours shall refuse or delay payment 
in gold or silver money of any note or bill of said 
Corporation there presented for payment, the said 
Corporation shall be liable to pay as additional 
damages at the rate of twenty four per centum per 
annum for the time during which such payment 
shall be delayed or refused. 

Sec. 12. Be it further enacted. That in case of f »';\;'^,^,^^ '^^^^^^^^^^ 
any loss or deficiency of the Capital Stock in any f^}^^^ "^^p^^^ 
Bank aforesaid, which shall arise from the official 
mismanagement of the Directors, the persons who 
are Stockholders at the time of such mismanage- 
ment, shall, in their private and individual capacities, 
be respectively liable to pay the same : Provided^ 



150 



BANKS AND BANKING. 



Feb. 28, 1829. 



ity to pay 
at ex 
Charter 



Stockholder to 
have bill in 
equity 



hotvever, that in no case shall any one Stockholder 
be liable to pa}^ a sum exceeding the amount of the 
stock actually then held by hini. 

Sec. 13. Be it further enacted, That the holders 

i\y''to'Syln'biiis of Stock in any Banking Corporation aforesaid, in 
piration of ^his Commou wcalth, wiien its charter shall expire, 
shall be chargeable in their private and individual 
capacities, and shall be holden for tiie payment and 
redemption of all bills winch may have been issued 
by said Corporation, remaining unpaid, in propor- 
tion to the stock they may respectivel}^ hold. 

Sec. 14. Be it further enacted, Tliat any Stock- 
holder of any Bank, who shall have been obliged to 
pay any debt or demand against said Bank out of 
his individual property, shall have a bill in equity, 
originally to be tried in the Supreme Judicial Court, 
to recover the proportional parts of such sums of 
money as he may have so paid, from the other 
Stockholders, who may be equally liable for the 
same and such damages and costs as the Court may 
decree, and said bill in equity may be inserted in a 
writ of attachment or original summons. 

Sec. 15. Be it further enacted, That everj* Bank 

shall be kept in the city or tov/n in which it is or 

shall be original!}- established, and in such part of 

such city or town as is prescribed by its charter. 

Sec. 16. Be it further etiacted, That upon any 

Toioantocom rcQuisition of the Legislature each Bankins; Cor- 

monwtalth. ^ . i n i . V /-i i i 

poration shall loan to the Commonwealth a sum not 
exceeding five per centum on its Capital Stock at 
any one time, reimbursable by five annual instal- 
ments, or at any shorter period, at the election of 
the Commonwealth, with the annualpayment of in- 
terest at a rate not exceeding five per centum per 
annum: Provided, ihdit the Commonwealth shall 
never at any one time stand indebted to any Cor- 
poration, without its consent, for a larger sum than 
ten per centum of its capital :— It shall be the duty 
of the Treasurer of this Commonwealth, whenever 
h€ shall have occasion to borrow any sum of mon- 



Bank where 
kept. 



Proviso. 



BANKS AND BANKING. Feb. 28, 1829. 151 

ey of any incorporated Bank, under and by virtue 
of any authority for that purpose given by any act 
or resolve of this Commonwealth, to give notice in 
writing to the President or Cashier of any such in- 
coiporated Bank, of the amount wliich he has so 
occasion to borrow, and demanding of said Bank a 
loan of the same, conformably to the provisions of 
this act, and the Commonwealth will hold itself re- 
sponsible for any money borrowed of any Bank by 
the Treasurer ; and if any incorporated Bank afore- 
s::iid, shall neglect, or refuse, for the space of thirty 
days after notice given as aforesaid, to loan to the 
said Treasurer the sum so demanded, said Bank 
shall forfeit and pay into the Treasurj' of this Com- ne°giecl t" loaL"'^ 
mon wealth the sum of two per cent, per month 
upon the amount of an}^ sum so demanded, and so 
after that rate for a shorter or longer time, so long 
as said neglect or refusal to comply with such de- 
mand of said Treasurer shall continue : Pi^ovided, Proviso, 
that the notice demanding such loan shall be ac- 
companied by an attested copy of such act or re- 
solve and shall be approved by the Governor in 
writing ; and it shall be the duty of the Treasurer „ . . 

~ ' . p If. Treasurer to in- 

at the expiration or one month after said demand stuute an action, 
shall liave been made to institute an action in the 
name of, and for the use of this Commonwealth, in 
any court of competent jurisdiction, against the 
Bank so neglecting or refusing for the recovery of 
the said penalty, and so from month to month, to 
institute similar suits for the recovery of the pen- 
alt}^ aforesaid, so long as such neglect or refusal 
shall continue. And it shall also be the duty of 
said Treasurer, upon obtaining judgment and ex- 
ecution on any such action or actions, to cause the 
amount thereof to be forthwith levied upon the 
goods, chattels or lands of the Bank against which 
the same shall have been obtained. It shall be tlie 
duty of the Treasurer, in making the demand afore- 
said of any Bank or Banks, to equalize, as far as is 
conveniently practicable, the amount of such de- 



152 



BANKS AND BANKING. 



Feb. 28, 1829. 



Committee to eX' 
amine doings. 



mand amon<i; the several Banks within the Common- 
wealth, having reference to the amount of the ob- 
ligation of each Bank to loan to the Commonwealtli, 
and to the amount [)reviously borrowed of each 
Bank, uniler authority i hereof. 

Sec. 17. Be it further enacted, That any Com- 
mittee, specially appointed by the Legislature for 
tl:e purpose, shall have a right to examine into the 
doings of any Banking Corporation chartered under 
the authority of this Commonwealth, and shall have 
free access to all their books and vaults, and if upon 
such an examination it shall be found, and after a 
full hearing of said Corporation tliereon, be deter- 
mined by the Legislature, that said Corporation 
have exceeded the powers granted them or failed 
to comply with an}' of the rules, restrictions and 
conditions provided iii the laws relating to them, 
their charter thereuj)on ma}' be declared forfeit 
and void : and if any officer of any Bank or other 
person having charge of the books and property 
of any Bank, shall refuse or neglect to exhibit said 
books and property or shall in any way obstruct 
said examination by a Committee as aforesaid, he 
or they so offending shall be guilty of a misde- 
meanor, and on conviction thereof, shall be punish- 
ed by a fine not exceeding ten thousand dollars or 
imprisonment not exceeding three years, at the 
discretion of the Court. 

Sec. 18. Be it further enacted, That in addition 
to the Capital Stock to which any Bank may be 
commonwealth entitled by its Act of incorporation, the Common- 
wealth shall have a right to subscribe thereto, to 
an amount not exceeding fifty per centum of its 
authorized capital, whenever provision shall be 
made therefor by law : and the Commonwealth, 
from the time of making any such payment tov.ard 
the Capital Stock of such Bank, shall be entitled lo 
their proportionate share of the profits and divi- 
dends arising from the amount thereof. 

Sec 19. Be it further enacted, That in addition 
to the Directors authorized by law to be chosen by 



Punishment for 
refusing to ex 
hibit books, ^c 



(may take stock. 



BANKS AND BANKING. Feb. 28, 1829. 153 

the Stockholders in the several Banks, the Legis- 
lature shall have a ri2;ht from time to time to an- ^ ., 

I c f\- • n 1 • I Legislature may 

pomt a number ot iJirectors m any Bank, m such appoint directors. 
proportion as the sums paid from the Treasury of 
the Commonwealth, towards the Stock of said 
Bank, shall hear to the whole amount of the Stock 
actuall}^ paid into said Bank, if at any time here- 
after they shall see fit to exercise that right. 

Sec. 20. Be it further enacted, That every Bank ^.^^^^ ^^ 
shall be liable to pay to any bona Jide holder the original amount 
original amount of any note of said Bank, altered 
in the course of its circulation to a larger amount, 
notwithstanding such alteration. 

Shx. 21. Be it further enacted, That every Bank Liable to Taxa 
shall within ten days after the first Mondays in ''""■ 
October and April, annually, pay to the Treasurer 
of this Comirionwealth, for the use of the same, a 
tax of one half of one per centum on the amount 
of such ])art of their original Stock as shall have 
been actually paid in by the Stockholders in the 
respective Banks : Provided, that if any portion rroviso. 
of the Capital Stock shall not have been paid in 
six months previous to said days, then the tax on 
such portion shall be paid in proportion to the 
time that has elapsed since it was actually paid in. 
It shall be the duty of every Bank, which shall be 
incorporated after the first Monday of October, in 
the year of our Lord one thousand eight hundred 
and thirty-one, or which on that day shall not have 
completed the paj^ment of their several instalments 
to furnish the Treasurer of the Commonwealth, on 
or before the first Mondays in October and April, 
with an abstract of the amount of Stock actually 
paid by the Stockholders into their respective 
Banks, together with the time when the several 
instalments were paid. And if any Bank shall ne- 
glect to pay the aforesaid tax, for the space of 
thirty days after the same shall become due, it 
shall be the duty of the Treasurer to issue a war- m.e^^warranMn 
rant of distress, directed to the Sheriff of the '=^''^''f"^e'^'=»- 



154 BANKS AND BANKING. Feb. 28, 1829. 

County, in which such Bank is situate, or his Dep- 
uty, commanding them to levy and collect the sum 
due from the estate and effects of such Bank, 
which warrant shall be in the same form, mutatis 
mutandis^ as warrants of distress against delinquent 
Sheriffs are by law directed to be issued. 

Sec. 22. Be it further enacted, That it shall be 
the duty of the Directors of the several Banks in- 
cor}3orated by and within this Commonwealth, once 
in five years, to have all the weights used in their 

Weights to be respective Banks compared, proved and sealed by 

compare . ^j^^ Treasurcr of the Commonwealth, or by some 
person specially authorized b}^ him for that pur- 
pose, which shall supersede, so far as respects 
such Banks, the sealing of their weights by the 
town or district Sealer. And no tender of ffold bv 
any Bank in this Commonwealth, weighed with 
weights other than those compared, proved and 
sealed as aforesaid, shall be legal. And to prevent 
the unavoidable imperfection of scale beams from 
operating Unequally in payments of gold, the payer 
or receiver may require that the gold shall be 

Weighing gold. Weighed in each scale, and the mean weight re- 
sulting therefrom shall be considered as the true 
weight. 

Sec. 23. Be it farther enacted, That shares in 

Shares liable to any Bauk shall be liable to be attached on mesne 
process and taken in execution and sold agree- 
ably to the provisions contained in an Act en- 
tled " an Act directing the mode of attaching on 
mesne process and selling by execution shares of 
debtors in incorporated Companies," passed in the 
year of our Lord one thousand eight hundred and 
five, and an Act in addition thereto, passed in the 
vear of our Lord one thousand ei2;ht hundred and 
nineteen. 

Sec. 24. Be it further enacted, That the lands, 

T A ,r .,t»n tenements and hereditaments of any Bank may be 

Lands, ^c. taken i i i it » 

°n«ecution, taken in execution and sold at public vendue, to 
the highest bidder; and in every such case the 



BANKS AND BANKING. Feb. 28, 1829. 155 

ofliccr who shall levy the execution, shall be em- 
powered to execute to the purchaser a good deed 
or deeds of any such lands, tenements or heredita- Sfed"/^""''"' 
ments, having first given notice of the time and 
place of sale, at least fourteen days previous thereto, 
in two or more public places in the town or place 
where such lands or tenements lie, and also some 
newspaper printed in the county, and if there be 
no newspaper in said county, then in some one 
in the City of Boston. And all deeds and convey* 
ances of any such lands, tenements or heredita- 
ments duly executed as aforesaid, shall be good 
and effectual in law, to transfer to the purchaser, 
his heirs and assigns, forever, all the right, title 
and interest therein, which belonged to said Cor* 
poration. And the officer who may levy any such officer may ad- 
execution shall be authorized and empowered to J°"" ^"®- 
adjourn the vejidue from time to time, not exceed- 
ing seven days at any one time, until the sale of 
such real estate shall be completed. All the right, 
title, claim and interest of any Bank in any lands, 
tenements or hereditaments, which have been or 
shall be mortgaged for security of any debt due or Mortgaged lands, 
assigned to such Bank, shall be liable to be seized ^m}^^ '" ^ 
and sold at public auction in the same manner as 
is prescribed for the sale and conveyance of the 
real estate of such Banks. And any debt, secured 
by such mortgage and due to such Bank at the 
time of the sale of such mortgage, shall pass by 
deed of conveyance executed by the officer who 
shall serve such writ of execution, and be com- 
pletely and to all intents and purposes transferred 
to, and vested in, such purchaser; and such pur- 
chaser or his legal representatives, may in his own 
name maintain any action proper to recover such 
debt or to obtain ])ossession of such lands, tene- 
ments or hereditaments, which might have been 
maintained in the name of such Bank, had no such 
sale been had ; and a copy of such mortgage deed, 
duly certified by the Register of Deeds, for the 
21 



156 



BANKS AND BANKING. 



Feb. 28, 1829. 



All bilU to be 
signed by Presi. 
dent and Cashier. 

Proviso. 



Denomination, 
4-c. of bills issu. 
ed. 



County or District, where such lands are situate, 
and wliere such mortgage deed shall be recorded, 
shall be considered prima facie evidence of such 
mortgage deed. And it shall be the duty of the 
Cashier or Clerk of such Bank, on reasonable re- 
quest, to furnish the officer who shall serve such 
execution, or the judgment creditor, with a certified 
copy of the note or obligation secured by such 
mortgage, together with a copy of all the endorse- 
ments thereon, and a statement of all such pay- 
ments as shall have been made thereon by such 
debtor, and after sale of such mortgage, to deliver 
said note or obligation to the purchaser thereof — 
No gift, sale, transfer, conveyance or endorsement 
of such note or mortgage made by such Bank, after 
notice duly filed at the office of the Register of 
Deeds, of said County or District, or otherwise given 
to the party to be affected thereby, of the seizure 
thereof on execution by such officer, for the pur- 
pose of sale under this Act, shall have an}^ validity, 
force or effect against such purchaser under such 
sale at auction ; but the same shall be adjudged 
null and void, except only between the Bank and 
the person to wMiom the Bank shall make such gift, 
sale, transfer, conveyance or endorsement, his heirs, 
executors, administrators and assigns. 

Sec. 25. Be it further enacted^ That all bills is- 
sued from any Bank shall be signed by the Presi- 
dent and Cashier thereof : Provided^ hoivever, that 
all bills which shall get into circulation signed by 
either the President or Cashier thereof through 
the agency or neglect of any officer of the Bank, 
shall be binding on the Corporation. Every Bank 
within this Commonwealth may issue bills under 
five dollars to the amount of twent}* five per centum 
of its Capital actually paid in, and no more : but 
no Bank shall issue bills of a less denomination than 
one dollar under a penalty of one hundred dollars 
for each offence. All bills shall be issued in the 
name of the President, Directors, and Company of 



BAiNKS AND BANKING. Feb. 28, 1829. 157 

the Bank issuing them : but no Bank shall issue 
any note, bill or check, draft, facility or certificate 
payable at a future day or bearing interest. No ^"'«'^^*'' ^"^ 
Bank in this Commonwealth shall be permitted to 
take any greater rate of interest or discount on any 
note, draft or securit}^ than at the rate of six per 
centum per annum, but such interest or discount 
may be calculated and taken according to the es- 
tablished rules of Banking : Provided^ hoivever, proviso. 
that in discounting drafts or inland bills of exchange, 
the Bank so discounting the same may charge over 
and above the rate of interest aforesaid the then 
existing rate of exchange between the place where 
such draft may be discounted and the place where 
the same is payable. No Bank shall issue any bill, 
note, check or draft redeemable at such Bank in Sfspe'cle?"* 
any other manner than by payment in specie. 
Everj^ incorporated Bank, which shall issue any 
bill, note, check or draft redeemable in any other 
manner than by payment in specie on demand, or 
payable at any place other than the place where 
such Bank is by law established and kept, shall be 
liable to pay the same in specie to the holder there- 
of on demand at said Bank, without a previous de- 
mand at the Bank or place where the same is on 
the face of such bill, note, check or draft, made 
payable. And if the Bank which issued the same 
shall neglect or refuse to pay on demand, made as 
aforesaid, an}^ bill, note, check or draft, such Bank 
shall be liable to pay to the holder thereof two per 
cent per month damages as before provided for in 
this act : Provided, however, that nothing herein 
contained shall extend to any check or draft drawn 
by the President or Cashier of any Bank within 
this Commonwealth on any other Bank either with- 
in or without this Commonwealth, for any sura ex- 
ceeding one hundred dollars : but all such checks 
or drafts shall first be presented for payment at the 
Bank on which the same shall be drawn, and in de- 
fault of payment, the holder shall be entitled to re- 



Proviio. 



158 



BANKS AND BANKING. 



Feb. 28, 1820. 



Proviso. 



Funishment in 
case of fraud. 



Cashier to make 
return. 



cover against the Bank which issued the same, the 
amount of such check or draft, with two per cent 
per month on the amount theieof, from and alter 
the time when such check or draft shall have been 
refused payment at the Bank issuing the same, as 
additional damages, in any action against such Bank 
for the recovery of such check or draft : Provided, 
however, that nothing herein contained shall restrain 
any President or Cashier from drawing any check 
or draft for any balance due to said Bank. 

Sec. 26. Be it further enacted, That any Presi- 
dent, Director, Cashier or other officer or servant 
of any Bank incorporated within this Commonwealth 
for the purpose of issuing bills, or notes, who shall 
embezzle or fraudulently convert to his own use, or 
fraudulently take or secrete, with intent to convert 
to his own use, any mone}', note, bill, obligation, se- 
curity, bullion, or effects of, and belonging to, such 
Bank, and in its possession, or belonging to any 
person or persons, or body or bodies politic or cor- 
porate, and deposited in such Bank, and every per- 
son assisting and aiding therein, being thereof duly 
convicted in any Court of this Commonwealth hav- 
ing jurisdiction of such offence, shall be deemed in 
so doing to have committed the crime of larcen}^, 
shall be punished by solitary imprisonment in the 
common gaol or the state prison, for a period not 
exceeding one year, and by confinement afterwards 
to hard labour in the common gaol or state prison, 
for a period not less than three 3'ears, nor exceed 
ing ten years, according to the degree and aggra- 
vation of the offence. 

Sec. 27. Be it further enacted, That the Cashier 
of every Bank shall in every year make a return of 
the state of such Bank, as it existed at two o'clock 
afternoon of the first Saturday in such preceding 
month as the Governor may direct, and shall trans- 
mit the same as soon as may be, not exceeding 
fifteen days, to the Secretary of this Common- 
wealth, which return shall specify the amount due 



BANKS AND BANKING. 



Feb. 28, 1829. 



159 



from the Bank, designating in distinct columns the 
several particulars included therein, and shall also 
specify the resources of the Bank, designating in 
distinct columns the several particulars included 
therein : — and the said return shall be in the follow- 



ing form 



(."apital Stock. 



Bills in Circulation. 



Net profits on band. 



Balances due to other Banks. 



Cash deposited, including all sums whatsoever due 
from the Bank not bearing interest, its Bills in ciicu- 
lation, profits and balances due to other Banks ex- 
cepted. 



Cash deposited bearing interest. 



Total amount due from the Bank. 



Gold, Silver, and other Coined Metals, in its Bank- 
ing House, 



Bills of other Banks incorporated in this Stale. 



Bills of other Banks incorporated elsewhere. 



Balances due from other Banks. 



Amount of all debts due, including Notes, Bills of o 
Exchange, and all Stocks and Funded Debts of every 
description, excepting the Balances due from other 
Banks. 



Total amount of the Resources of the Bank. 



Rate and amount of the last Dividend. 



Amount of Reserved Profits at the time of declaring 
the last Dividend. 



Amount of Debts due to the Bank, secured by a 
pledge of its Stock. 



Amount of Debts due and not paid, and considered 
doubtful. 






03 
a 

o 






a 



»0 






which Return shall be signed by the Cashier of 
each Bank respectively, who shall make oath or 
affirmation before some magistrate qualified to ad- 
minister oaths, to the truth of said return, accord- 
ing to his best knowledge and belief, and a major- 
ity of the Directors of each Bank shall certify and 
oiake oath or affirmation before the same magistrate 



160 



BANKS AND BANKING. 



Feb. 28, 1829. 



SecretaryofCoin 
monwealth to 



as their respective Cashiers, that the books of such 
Bank indicate the state of facts so returned l)y their 
Cashier, and that they have full confidence in the 
truth of the Return so by him made, and no fur- 
ther or other return shall be required from said 
Banks. 

Sec. 28. Be it further enacted., That the Sec- 
retary of this Commonwealth be, and he hereby is, 
■ authorized and directed to procure, at the expense 

For"mofTe't^urnf of the Couim ouvvealth, printed copies of the Form 
of the Return required by this Act, and to furnish 
four such copies of the same to the Cashier of 
every Bank in the months of March or Apiil, an- 
nually. 

Sec. 29. Be it further enacted, That it shall be 
the duty of the Secretary of this Commonwealth, 

monweaithTo"'"' ^f^^r he shall have received the returns from the 

orReturnsrV'c?' scvcral Banks as aforesaid, to cause to be prepared 
and printed a true Abstract from those Returns, 
each column to be footed up, as soon as practicable, 
after they shall have been received, and the Secre- 
tary shall transmit by mail, one copy thereof to the 
Cashier of each Bank incorporated by authorit}^ of 
this Commonwealth. 

Sec 30. Be it further enacted^ That the Pres- 
ident, Directors and Company of any Bank, estab- 
lished by authority of this Commonwealth, on ap- 

Time extended, pbcatiou within onc year from the passage of this 
Act, siiall be authorized, with the assent of the 
Legislature, for the time being, to continue its op- 
erations as a Banking Company, for the further 
period of twenty years from and after the first 
Mondav of October, in the year of our Lord, one 
thousand eight hundred and thirty-one, with all the 
powers and privileges, and subject to all the duties 
and requirements of this Act. 

Sec. 31. Be it further enacted, That if, during 
the continuance of any Bank Charter, granted or 
renewed under the provisions of this Act, any new 
or greater privileges shall be granted to any other 



New privileges. 



BANKS AND BANKING. Feb. 28, 1829. 161 

Bank now in operation, or which may hereafter be 
created, each and every Bank in operation at the 
time shall be entitled to the same. 

Sec. 32. Be it further enacted^ That no bill or 
note of the denomination of one hundred dollars or 
less, shall be issued by any Bank aforesaid, unless ^'^te for bihs. 
th? same shall be impressed from Perkins' Stere* 
otype Plate : Provided, that no greater sum than proviso. 
one cent shall be charged for each bill impressed 
from the class of plates on which is the fine wri- 
ting, nor more than two cents for bills of either of 
the other classes ; but the Legislature may, at any 
time hereafter, authorize and require the use of any 
other plates. 

Sec 3.'3. Be it further enacted, That all Acts 
and parts of Acts heretofore passed in relation to 
Banks, inconsistent with the provisions of this Act, 
be, and the same are hereby repealed, so far as the ^^p*'*'" 
same might applj^ to all Bank?, whose Charters 
may be extended under the provisions of this Act. 

[Approved by the Governor, February 28, 1829.] 



CHAP. XCVII. 

An Act restraining Banks from taking Excessive 
Interest, and for other purposes. 

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, no Bank incorporated 
by the authority of this Commonwealth, shall have 
a right to take, directly or indirectly, any greater 



162 BANKS AND BANKING. Feb. 28, 1829. 

interest, by way of discount, on any note, draft or 
other security, than at the rate of six per centum 
per annum, but such interest or discount may be 
calculated and taken according to the established 

Proviso. rules of Banking : Provided., however, that in dis- 

counting Drafts, or inland Bills of Exchange, the 
Bank so discounting the same, may cliarge, over 
and above the rate of interest aforesaid, the then 
existing rate of exchange between the place where 
such Draft or Bill of Exchange mav be discounted, 
and the place where the same may be payable. 

Sec. 2. Be it further enacted, That no Bank in- 
corporated by the authorit}- of this Commonwealth, 
shall have a right to issue any promissory note, 
bill, check, draft, facilit}' or certificate, payable at a 

Proviso. future day, or bearing interest : Provided, however, 

that this Section shall not have force or effect, until 
from and after ninety days from the passage of 
this Act. 

Sec. 3. Be it further enacted, That for each and 
every offence against the provisions of either of the 

Forfeit. preceding sections, the Bank so offending shall for- 

feit and pay to the use of the Commonwealth, the 
sum of five hundred dollars, to be recovered by the 
Treasurer thereof, and it shall be the duty of the 
Treasurer to prosecute for the same. 

Sec. 4. Be it further enacted, That the Casiiier 
of every Bank, shall, in every year, make a Return 

Cashier to mnke of the State of sucli Bauk as it existed at two 

Reiurn. r i » ci i • 

o'clock, afternoon, of the first Saturday in such 
preceding month as the Governor may direct, and 
shall transmit the same, as soon as may be, not 
exceeding fifteen days thereafter, to the Secretary 
of this Commonwealth, which Return shall specify 
the amount due from the Bank, designating in dis- 
tinct columns, the several particulars included 
therein, and shall also specify the resources of the 
Bank, designating in distinct columns, the several 
particulars included therein, and the said Return 
shall be in the following form, viz : 



BANKS AND BANKING. 



Feb. 28, 1829. 



163 



1 Capital Stock. 


§ 

W 
O 

a 

I 
1 

• 

H ■ 

OO ' 

o i 

% 

H 
Oi 

O 
H 

a 

H 

> 
2 




Bills in Circulation. 




Net Profits on hand. 




; Balances due to other Banks. 




1 Cash deposited, including all sums whatsoever due 
j from the Bank not bearing interest, its bills in circu- 
1 lation, profits and balances due to other Banks ex- 
i cepted. 




Cash deposited bearing interest. 


Total amount due from the Bank. 




Gold, Silver and other coined metals in its Banking 
House. 


b3 

St 


Keal Estate. 


Bills of other Banks incorporated in this State. 


Bills of other Banks incorporated elsewhere. 




Balances due from other Banks. 


to 

o 


Amount of all debts due, including notes, bills of ex- 
change, and all stocks and funded debts of every 
description, excepting the balances due from other 
Banks. 


Total amount of the resouices of the Bank. 




Eate and amount of the last dividend. 


Amount of reserved profits ,it the time of declaring 
the last dividend. 




Amount of debts due to the Bank, secured by a pledge 
of its stock. 




Amount of debts due and not paid, and considered 
doubtful. 





which return shall be signed by the Cashier of each 
Bank respective!}', who shall make oath or affirma- 
tion before some magistrate, qualified to administer 
oaths, to the truth of said return according to his 
best knowledge and belief, and a majority of the 
Directors of each Bank shall certify and make oath 
or affirmation before the same magistrate as their 
respective Cashiers, that the books of such Bank 
indicate the state of facts so returned by their Cash- 
ier, and that they have full confidence in the truth 
22 



164 



BANKS AND BANKING. 



Feb. 28, 1829. 



Proviso. 



Secretary of Coiii- 
Dionwealth to 
turnish copies of 
Form of Ketiirn. 



Loans to Com- 
monweallh. 



Penalty for neg- 
lect of fourth Bec- 
tion. 



of the return, so by him made, and no further re- 
turn shall be required from said Banks : Provided, 
hoivever, that this Section sfiall not have force or 
effect until sixty days from and after the passage 
of this act. 

Sec. 5. Be it further enacted, That the Secre- 
tary of this Commonwealth be, and lie hereby is au- 
thorized and directed to procure, at the expense of 
the Commonwealth, printed copies of the form of 
return, required b}' this act, and to furnish four such 
copies to the Cashier of every Bank within this 
Commonwealth, in the months of March or April 
annually. 

Sec. 6. Be it further enacted, That whenever 
the Treasurer of the Commonwealth shall borrow 
any sum of money of any Bank by virtue of any 
resolve or act authorizing him to obtain a loan, the 
Commonwealth will hold itself lesponsible for the 
payment of the same, and the notice demanding a 
loan of any Bank shall be accompanied by an attes- 
ted copy of such act or resolve, and shall be ap- 
proved by the Governor in writing. 

Sec. 7. Be it further enacted, That for each 
and every neglect or refusal to comply with the 
provisions of the fourth section of this act, the 
Bank so neglecting or refusing shall forfeit and pay 
to the use of this Commonwealth, to be recovered 
by the Treasurer thereof, one hundred dollars for 
each and every day's neglect or refusal. 

Sec. 8. 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. 



[Approved by the Governor, February 28, 1829.] 



BOST. INFANT SCHOOL SO. Feb. 28, 1829. 165 



CHAP. XCVHI. 

An Act to incorporate the Infant School Societ}^ 
of the City of Boston. 

Sec. 1. JJE it enacted by the Se?iate and House 
of Representatives in General Court assembled, 
and by the authority of the same. That Ehzabeth meT '"'"'p" 
Thurston, Sarah A. Hall, Sophia Dunn, Susan W. 
Eustis, Annah S. Jarves and Elizabeth M. Rey- 
nolds, all of the City of Boston, Avith such other 
persons as may hereafter associate with them, be, 
and they hereby are, incorporated, b}^ the name of 
the Infant School Society of the City of Boston, 
for the purpose of gratuitously instructing the in- 
fant children of the Poor of said Cit\-, and may 
have power to elect such officers, and make such 
by-laws, as may be necessary and convenient for 
the government of said Institution : Provided, the iroviso. 
same are not repugnant to the Constitution and 
Laws of this Commonwealth. 

Sec 2. Be it further enacted^ That said Cor- 
poration may hold real estate not exceeding ten Estate. 
thousand dollars, and personal estate not exceeding 
fifteen thousand dollars. 

Sec. .3. Be it further enacted, That ever}^ mar- 
ried woman belonging to said Society, who shall, Husbami's ac- 
with the consent of her husband, receive any of '=°""'a''''*'i'- 
the mone}^ or other property of said Societj, shall 
thereby render her snid husband accountable there- 
for to said Societ}'. 

Sec. 4. Be it further enacted, 'I'hat Elizabeth 
Thurston be, and she is hereby authorized to call 
the first meeting of said Corporation, by giving First meet-n 
notice of the time, place and purposes thereof, in 



166 ALE, BEER AND CIDER. Feb. 28, 1829. 

any newspaper printed in Boston, seven days pre- 
vious to the holding; cf the same. 

Sec. 5. Be it further enacted.) That the Legisla- 
ture may at 2X\y time amend or repeal this Act. 

[Approved by the Governor, Februar}- 28, 1829.] 



CHAP. XCIX. 

An Act to prevent fraud in the sale of Ale, Beer, 
and Cider. 



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 after 
the first day ot April next, no person shall expose 
for sale any Ale or Beer, in any barrels, half bar- 
rels, casks or kegs, of a less content respective!}^, 
marki'S'of bTr^ than barrcls of thirty-two gallons each, half barrels 
reii, ^c. Q^ sixteen gallons each, and casks or kegs of ten 

gallons each, unless such other barrels, half barrels, 
casks or kegs, shall be conspicuously and perma- 
nently marked on ])oth heads thereof with the true 
guage or measure tliereof in gallons ; and any per- 
son, offending against the provisions of this Section, 
shall forfeit and pay the value of the Ale or Beer 
so sold, and the barrels, half barrels, casks or kegs 
containing the same, to the use of the person ^ho 
shall sue for the same. 

Sec. 2. Be it further enacted, That in all con- 
tracts made after the first day of April next, for the 



MIDDLEBOROUGH ACAD. Feb. 28, 1829. 167 

sale of any Aie, Beer or Cider, by the barrel or 
half barrel, the barrel shall be deemed to contain 
thirty-two gallons, and the half barrel sixteen gal- 
lons, unless the parties shall otherwise agree. 

[Approved by the Governor, February 28, 1829.] 



CHAP. C. 

An Act to incorporate the Proprietors of Middle- 
borough Academ3\ 

Sec. 1. UE zV enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same, That Wilkes Wood, 
Peter H. Pierce, Arad Thompson, their associates J';fte''d"' *"*=*'''*'' 
and successors, be, and they hereby are, made a 
body corporate, for the purpose of promoting the 
education of youth in the town of Middleborough, 
by the name of the Proprietors of Middleborough 
Academy. 

Sec. 2. Be it Jurther enacted, That said Cor- 
poration may hold real estate not exceeding three ^"*'®' 
thousand dollars, and personal estate not exceeding 
six thousand dollars, to be appropriated and used 
for the purpose of education and instruction of 
youth and others, in the Languages and Sciences. 

Sec. 3. Be it further enacted, That said Cor- 
poration may, from time to time, make such by-laws 
as they ma}' deem necessary for managing the Byuwg, ^c. 
interest of said Academy, provided the same be not 
inconsistent with the Laws of this Commonwealth. 



168 AGRICULT. AND MANUR Feb. 28, 1829. 

Sec. 4. Be it further enacted., That any one of 

the persons named in this Act may call the first 

First meeting, meeting of said Proprietors by giving; personal 

notice thereof ten days previous to the time of 

said meeting. 

Sec. r>. Be it further enacted., That this Act may 
at any time hereafter be altered or repealed by 
the Legislature. 

[Approved by the Governor, February 28, 1829.] 



CHAP. CI. 

An Act to continue in force, for the term of five 
3'ears, an Act entitled *'An Act for the encou- 
ragement of Agriculture and Manufactures." 



Sec. 1. ISE it enacted by the Senate and House 
of Representalives in General Court assembled^ 
and by the authority of the same, That an Act 
for the encouragement of Agriculture and Man- 
ufactures, passed on the twentieth day of February, 
Act continued, i" the jear of our Lord one thousand eight hun- 
dred and nineteen, and continued in force by a 
subsequent Act, for five years from the twentieth 
day of February, in the 3ear of our Lord one thou- 
sand eight hundred and twenty-four, shall be further 
continued and be in force for five 3'ears from the 
twentieth day of February, which will be in the 
year of our Lord one thousand eight hundred and 
twenty-nine ; any thing in the seventh Section of 
said Act to the contrary nothwithstanding. 



CITY OF BOSTON Feb. 28, 1829. 169 

Sec. 2. Be it further enacted, That it shall be 
the duty of the Trustees of the several Agricultu- 
ral Societies in this Commonwealth to offer annual ^'emiums. 
premiums for encouraging the growth of the white 
Mulberry Tree and the culture of Silk, to the 
amount of not less than ten per cent, of the money 
they may severally receive of said Commonwealth 
by virtue of said Act. 

[Approved by the Governor, February 28, 1829] 



CHAP. CII. 

An Act in further addition to an Act entitled "An 
Act regulating the commencement of certain 
Actions, in which tlie inhabitants of the Town 
of Boston, in the County of Suffolk, shall be a 
Party." 

Sec. 1 Ull it enacted by the Se7iate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That in case 
of the decease, resignation, or removal from otfice, 
of the Mayor of the City of Boston, during the 
pendency of any suit brought in his name, by virtue 
of an Act passed June eleventh, eighteen hundred 
and twenty eight, the said suit shall not abate suimot to abate. 
thereby, but upon a suggestion thereof to the 
Court in which such suit shall be pending, the suc- 
cessor and successors in office of the said Mayor 
shall be permitted to come in and prosecute such 
suit to final judgment and execution, in his and ^ 
their names, in like manner as if the suit had 



170 COUNTY COMMISSIONERS. Feb. 28, 1829. 

originally been commenced by such successor ; 
and in case of the decease, resignation or removal 
from office of the Chief Engineer of the City of 
Boston, during the pendency of any suit brought 
in his name, by virtue of the Act aforesaid, the 
said suit shall not abate thereby, but may, in like 
manner, be prosecuted by the successor and succes- 
sors in office of the said Chief Engineer, to final 
judgment and execution. 

Seg. 2. Be it further enacted, That any suit 

which may by law be brought in the name of said 

brought*!"' Mayor or of said Chief Engineer, for the use of 

said City, may be brought in the name of the City 

of Boston. 

[Approved by the Governor, February 28, 1829.] 



CHAP. cm. 



An Act providing for additional meetings of County 
Commissioners in certain Counties. 



Sec. 1. JjE it enacted by the Setiale and House 
of Representatives in General Court assembled, 
and by the authority of the same, That in the 
several Counties hereinafter named, in addition to 
the meetings of County Commissioners, already 
therein established by law, there shall be annually 
Meetings. holdeu thcrciu, the following meetings, that is to 

say : — in the County of llam])shire, on the first 
Tuesdays of June and Decemlier ; in the County 



COUNTY COMMISSIONERS. Feb. 28, 1829. 171 

of Franklin, on the second Tuesdays of June and 
December ; in the County of Plymouth, on the 
second Tuesday of December ; in the County of 
Worcester, on the third Tuesday of June and 
f )urth Tuesday of December; in the County of 
Essex on the fourth Tuesday of December; in the 
County of Hampden, in lieu of the meetings of said 
Commissioners already by law established, there 
shall be holden and establisiied the meetings fol- 
lowing, that is to sa}^ on the fourth Tuesdays of 
April, June, September and December. 

Sec. 2. Be it fiiriher enacted^ That the said 
County Commissioners, in their respective Coun- Power. 
ties, shall have power, at any meetijig in this Act 
provided, to transact any business which they are 
now authorized to transact, at any meeting there- 
of heretofore known and established. 

Sec. .3. Be it further enacted, That whenever 
the County Commissioners, in any County, shall 

. 1 J ' 1 .1 • Proceeding in 

have determined upon the common convenience uymg out road, 
and necessity of laying out, altering or discontin- ^''' 
uing any highway or road, before they proceed to 
locate the same, they shall give the like notice as 
is required to be given before proceeding to view 
any route, except that instead of publishing a copy 
of the original petition they may publish only an 
abstract thereof. 

[Approved by the Governor, February 28, 1829.] 



23 



172 



NORTHFIELD TRIN. SOC. 



Feb. 28, 1829. 



CHAP. CIV. 

An Act to incorporate the Trinitarian Society in 
Northfield. 



Persons 
rated 



Sec. 1. oE it e?iacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That Isaac Prior, 
incorpo- I^odolphus liymau, Elisha Alexander, Junior, Aaron 
Lyman, Ebenezer Slate, Ehsha Lyman, John Long, 
John A. Fisher, Thomas Lyman, EHsha Ing;ram, 
Phineas Field, Junior, William Field, Lyman Gunn, 
Earl Wilds and Nathan Priest, together with those 
who have associated, or may hereafter associate, 
with them, for the purpose of public worship, be, 
and they hereby are incorporated into a Religious 
Society, by the name of the Trinitarian Society in 
Northfield, with all the powers and privileges, and 
subject to all the duties and liabilities of Parishes, 
according to the Constitution and Laws of this 
Commonwealth. 

Sec. 2. Be it further enacted, That said Society 
may purchase, liold and possess any estate, real or 
personal, not exceeding six thousand dollars in 
value, which they may deem necessary and proper, 
and apply the interest and income thereof to the 
support of public worship therein. 

Sec. 3. Be it further enacted, That the powers 
conferred by this Act may be altered, annulled or 
repealed, at the pleasure of the Legislature. 

[Approved by the Governor, February 28, 1829.] 



CONCORD MILL DAM CO. Feb. 28, 1829. 173 



CHAP. CV. 

An Act to incorporate the Concord Mill Dam 
Company. 

Sec. 1. IjE 27 enacted by the Senate and House 
of Representatives in General Court assembled^ 
and by the authority of the same, That Abel 
Moore, Daniel Shattuclc, Nathan Stow, and Cyrus f^YX' '"''°''"" 
Stow, and all such persons as may associate with 
them, their successors, and assigns, be, and hereby 
are constituted a body corporate, by the name of 
the Concord Mill Dam Company, and by that name sue and be 8u«d. 
may sue and be sued, defend and be defended, and 
may have and use a common seal, and ordain such „ „ , 

J 1 1 11 Common Seal. 

by-laws as to them shall appear necessary and con- 
venient for the government of said Corporation, 
and with reasonable penalties for the breach of such 
by-laws, not exceeding two dollars for any one 
breacfi : Provided, that such by-laws shall not be 

, , r> I • ^ 1 11 Proviio. 

repugnant to the Jaws ol this Lonimonv.ealth. 

Sec. 2. Be it further enacted, That the said 
Corporation, be, and the same hereby- is declared 
capabljf to hold, have and possess, in fee simple, or 
otherwise, all or any part of that real estate not ex- *^'***' 
ceeding twenty thousand dollars in amount, in the 
town of Concord lying on the Mill Brook so called, 
bounding north on land of the County of Middle- 
sex, east on the County road, south on the road 
leading round the Mill Pond, so called, and west- 
erly on a line running within forty rods of said 
Mill Brook : Provided, the said Corporation shall f.^vuio. 
acquire the same by legal grant from the lawful 
proprietors thereof, and said Corporation shall have 
power to grant, sell, and alien in fee simple or oth- 
erwise, the said corporation property, or any part 



174 CONCORD MILL DAM CO. Feb. 28, 1829. 

thereof, and to lease, manage and otherwise im- 
prove the same, according to their will and pleas- 
ure, and by such forms of conveyance and contract, 
as shall by their by-laws be provided. 

Sec. 3. Be it further enacted, That said Pro- 

Bhares prietors, at any legal meeting, may agree upon the 

number of shares into which said estate shall 
be divided, and agree upon the form of certifi- 
cates to be given to the proprietors, v/hich shares 
shall be deemed and considi^red as persona! estate, 
and shall be transferable by assignment on the 
back of the certificate recorded by the clerk of the 
Corporation in a book to be kept for that purpose, 
and shall be liable to attachments on mesne process, 
and sale on execution, in the same manner and ac- 
cording to the form of the statutes making provi- 
sions for the attachment and sale of shares of debt- 
ors in incorporated Companies. 

Sec. 4. Be it further enacted, That the real 

wwtelhraent?'*^ estatc aud other property of said Corporation shall 
be liable to be attached on mesne process, and be 
set ofi' 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 in all meet- 

^°'*'' ings of the Stockholders in said Corporation each 

member shall be entitled to one vote for each share 
hehl by him. 

Sec. 6. 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 post- 

Fim meeting. J^g noticc in some pul)lic place in Concord, seven 
days at least before the time appointed for such 
meeting, and the Corporation at their first meeting, 
and afterwards annually, on such day as shall be 

fdemVcf ^'*" established by their by-law s, shall choose a Presi- 
dent, Clerk and such other ofiicers as they may see 
fit, which Clerk shall be under oath ; they may also 
agree upon the mode of calling future meetings. 



individual. 



METH. EPIS. SOC. WESTON. Feb. 28, 1829. \15 

Sec. 7. Be it further enacted, That the Legis- 
lature may alter, amend or repeal this Act, at any 
time after twenty years. 

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 ^nd1Jlg"on etcii 
each one and all of those persons, individually, who 
shall be Stockholders in said Corporation, when 
such contracts respectively are made, and on their 
respective heirs, executors and administrators in 
the same manner, as if such covenants, or contracts 
had been made on debts contracted by such Stock- 
holder or Stockholders, in his or their individual 
capacity. 

[Approved by the Governor, February 28, 1829.] 



CHAP. CVI. 

An Act to incorporate the Trustees of the First 
Methodist Episcopal Society in Weston. 

Sec. 1. JdE it enacted by the Senate and House 
of Representatives in General Court assembled, atid 
by the authority of the same, That Jotham Haven, persons incorpo- 
and Marshal Jones, of Weston, Jonas Bemis, '^^^^' 
Ephraim Brown, Emery Bemis, George Weston, 
and Amos Hager, of Lincoln, be, and they hereby 
are constituted a body corporate, by the name of 
the Trustees of the First Methodist Episcopal 
Society in Weston. 

Sec. 2. Be it further enacted, That the said 
Trustees and their successors mav elect such offi- 



176 



METH. EPIS. SOC. WESTON. Feb. 28, 1829. 



Officers elected- 



Power to hold 
property. 



Gifts, grants, ^c- 



First meeting. 



cers, and make and ordain such by-laws and regu- 
lations as the}^ may deem necessary for their own 
government, and the management of the funds 
committed to their care, not repugnant to the 
Constitution and Laws of this Commonwealth ; the 
number of Trustees shall not exceed nine or be 
less than seven, a majority of whom shall consti- 
tute a quorum for the transaction of business. 

Sec. 3. Be it further enacted, That the said 
Trustees, and their successors, shall have power to 
hold and possess all the property belonging to 
said society, both real and personal, in trust, for 
the use and benefit of said society, and for the sole 
and exclusive purpose of promoting and support- 
ing the Public Worship of God in the same society, 
according to the usages of the Methodist Episcopal 
Church, and all vacancies in said Board of Trus- 
tees shall be supplied according to the by-laws, 
which may be made and ordained by said Trustees. 

Sec. 4. Be it further enacted. That all gifts, 
grants, bequests, devises or donations made or 
which may hereafter be made to said Trustees, in 
their said capacity, for the use and benefit of sai^ 
society, shall be valid to every interest and pur- 
pose, and the said Trustees may hold and possess 
as aforesaid, funds consisting of real or personal 
estate belonging to said society, the annual income 
of which sliall not exceed one thousand dollars: 
Provided, the same, and the interest and income 
thereof, be strictly applied and appropriated to 
promote the objects contem|)lated in this Act, and 
according to the directions of the donor or donors. 

Sec. .5. Be it further enacted. That Jotliam 
Haven, before named, be, and he hereby is author- 
ized to call the first meeting of said Trustees, by 
causing a written notice thereof to be left at the 
dwelling house of each of the aforenamed Trus- 
tees, expressing the time, place and purposes of 
said meeting, at least seven days before the time 
of holding the same. 



BURIAL GROUNDS. Feb. 28, 1829. 177 

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 28, 1829.] 



CHAP. CVIL 

An Act authorizinp; Towns and Parishes to purchase 
Land for Burial Grounds. 

I3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the inhabitants 
of each Town, District, Parish or Religious Societv 
within this Commonwealth, qualified to vote in 
Town, District or Parish Meetings, shall have 
power, at any meeting called for lliat purpose, to 
raise in the same manner that other i own. District 
or Parish charges may now by law be raised, such 
sum or sums of money, as they shall deem neces- 
sary for the purchase of land for Burial Grounds, 
and for the care and preservation of the same. 

[Approved by the Governor, February 28, 1829.] 



178 



STOCK. & WEST. STOCK. March 2, 1829, 



Boundary. 



CHAP, cviir. 

An Act to set off a part of the town of Stockbridge, 
and to annex the same to the town of West 
Stockbridge. 

Jl>E it enacted by the Senate and House 
of Representatives in Ge?ieral Court assembled, 
and by the authority of the same, That all that 
part of Stockbridge in the county of Berkshire, I3'- 
ing west and north of the following described lines, 
viz. beginning at a point in the north line of the 
town of Richmond, ninety-two chains easterly from 
the northwest corner of the town of Stockbridge, 
thence south, thirty-six degrees west, seventy-nine 
chains and eighty links, thence south, eleven de- 
grees west, one hundred eight chains and eighty 
links, to the north line of land lately owned by 
Jacob Churchill, deceased, thence on said Chur- 
chill's north line, south, eighty-nine and a half de- 
grees west, forty-two chains and sixty links, to the 
east line of said West Stockbridge ; and the in- 
habitants and estates thereon, be, and the same 
hereby are set off from the said town of Stock- 
bridge, and annexed to the town of West Stock- 
bridge, in the said county of Berkshire : Provided, 
hoivever, that the said land, inhabitants and estates, 
respectively, shall be holden to pay to the said town 
of Stockbridge their just proportion of all unpaid 
taxes, heretofore voted or assessed by authority of 
the town of Stockbridge. 

[Approved by the Governor, March 2, 1829.] 



CHOPPEQUIDIC ISLAND. March 2, 1829. 179 



CHAP. CIX. 

An Act in addition to act entitled " An Act to set 
off to the Patentees and other Purchasers, certain 
lands on the Island of Choppeqiiidic, in the 
County of Dukes County, and finally to adjust 
and determine all disputes between the said Pa- 
tentees and other purchasers and the Indians on 
said Island; and to prevent Cattle, Horses, Sheep, 
Goats and Swine from going at large on the said 
Island at certain seasons of the year.'' 

Sec. 1. 13e it enacted by the Senate and Houst 
of Representatives in General Court assembled^ 
and by the authority of the same, That the Guar- 
dian of the Indians on the Island of Choppenuidic, 

1 111 I- I'l II liuarau 

be, and lie hereby is authorized to compel the pa- pei, *<; 
tentees and other purchasers of lands on said Is- 
land, or their lieirs, to make and maintain the divi- 
sional fence, commonly called the Indian line fence 
between the lands of said Indians and the lands of 
said patentees and other purchasers, and their heirs, 
in like manner, CLUii under like penaltie:? and for- 
feitures as are provided by said act, and the acts 
in addition thereto : Provided, that if it should Prov 
liappen that said patentees and other proprie- 
tors, or their heirs, have not a Clerk, then said 
guardian shall cause a notice to said patentees and 
other purchasers or their heirs to make and repair 
their respective proportions of said fence, to be 
posted up in some public and conspicuous place in 
the town of Kdgartown, in said County, two months 
at least before he shall proceed to prosecute said 
patentees and other ptirchasers, or their heirs, to 
recover the forfeitures provided in the act to which 
this is in addition. 
24 



Guardian to com' 



180 BOSTON LEAD COMPANY. March 2, 1829. 

Sec. 2. Be it further enacted, That any act or 
parts of any act inconsistent with the provisions 
herein contained, be, and the same hereby is re- 
pealed. 

[Approved by the Governor, March 2, 1829.] 



CHAP. ex. 



FerBona incoipo. 
rated. 



£etate. 



An Act to incorporate the Boston Lead 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 Charles 
Davis, of Roxbury, William Bourn Swett, Nathan- 
iel Adams, and Tasker H. Swett, of Boston, and 
their associates, successors and assigns, be, and 
they are hereby made a Corporation, by the name 
of the Boston Lead Company, for the purpose of 
conducting and carrj^ing on the various processes 
of manufacturing articles from lead, at Boston or 
either of the towns in the vicinity, and for that 
purpose shall have all the powers and privileges, 
and be subject to all the duties and requirements, 
contained in an act passed on the third day of 
March, one thousand eight hundred and nine, enti- 
tled, " an Act defining the general powers and du- 
ties of Manufacturing Corporations," and the sev 
eral Acts in addition thereto. 

Sec. 2. Be it further enacted, That the cap- 
ital stock of said Corporation shall not exceed two 
hundred and fifty thousand dollars, and they may 
be lawfull}^ seized and possessed of such real es- 



CHATHAM ACADEMY. J\]arch 2, 1829. 

tate, as may be necessary and convenient for the 
purposes aforesaid, not exceeding in value the sum 
of fifty thousand dollars, exclusive of the build- 
ings and improvements that may be made thereon 
by the said Corporation. 

[Approved by the Governor, March 2, 1829. J 



181 



CHAP. CXI. 

An Act to incorporate the Proprietors of Chatham 
Academy. 

Skc. 1. JJE it enacted by the Senate and House 
of Representatives in General Court assembled^ 
and by the authority of the same. That Isaac Har- Persons incorpo. 
dy, John Seabury and Collins Howes, with their '"""*" 
associates and successors, be and they hereby 
are made a body corporate, for the purpose of 
educating youth in the languages, and in the liberal 
arts and sciences, b}- the name of the Proprietors 
of Chatham Academy, in the County of Barnstable. 

Sec. 2. Be it further enacted, That said Corpo- 
ration may, from time to time, make sue h by-laws ^y'*^*' *•=• 
and regulations, as they may deem necessary for 
the management of the interests and concerns of 
said Academy : Provided, the same be not repug- proviw, 
nant to the Constitution and Laws of this Common- 
wealth. 

Sec. 3. Be it further enacted, That said Corpo- 
ration may hold real estate not exceeding in value ^'*'''- 
six thousand dollars, and personal estate not ex- 
ceeding the same sum. 



182 



First meeting. 



CIVIL ACTIONS. 



March 2, 1829. 



Sec. 4. Be it further enacted, That any one of 
the persons named in this act ma}' call the first 
meeting of said proprietors, by giving personal no- 
tice thereof ten days previous to the time of said 
meeting. 

Sec. 5, Be it further enacted, That this act may 
at any time hereafter be altered or repealed by the 
Legislature. 

[Approved by the Governor, March 2, 1020.] 



CHAP. CXII. 

An Act making further provision for the survivor- 
ship of Civil Actions. 



Actions survive 
to Executor. 



Sec. 1. ijE // enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That all actions and 
suits which may now be pending, or which may 
hereafter be commenced, for injuries done to real 
estates, and which do now abate by the death of 
the parties to the same, shall be considered as ac- 
tions and suits, which survive to the Executor or 
Administrator of such deceased parties, and may 
be prosecuted and defended in the same manner, 
and to the same extent, as might have been done 
by the testators or intestates respectively, during 
their lives ; and such Executor or Administrator 
shall be permitted, on motion, to appear, and pros- 
ecute or defend such action to final judgment and 
execution ; and in default of such voluntary ap- 
pearance, and after due notice being given to such 



N. E. ASYLUM FOR BLIND. March 2, 1829. 18,3 

Executor or Administrator to appear and prosecute 
or defend as aforesaid, the Court before whom such 
action or suit may be pending shall have power to 
proceed therein and render judgment by non-suit 
or default, as in other civil actions. 

Sec. 2. Be it further enacted. That the judgment j„^g^„„, 
in such action shall be rendered, and have force 
against the goods and estate of such deceased par- 
ty, in the hands and possession of such Executor 
or Administrator, and the judgment recovered by 
such Executor or Administrator shall be taken and 
deemed to be assets in his hands, and enure to the 
benefit of the estate under his administration, in 
the same way and manner as in other civil actions, 
which do now by law survive. 

[Approved by the Governor, March 2, 1829.] 



CHAP. CXIII. 

An Act to incorporate the New-England Asylum 
for the Blind. 

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 Jonathan Persow incorpo- 
Phillips, William Prescott, Isaac Parker, William "" 
B. Calhoun, Israel Thorndike, Thomas H. Perkins, 
William Sullivan, William Parsons, Robert Ran- 
toul, Theodore Sedgwick, Stephen C. Phillips, 
Richard D. Tucker, John Welles, Samuel T. Arm- 
strong, Thomas Kendall, John Tappan, William 
Appleton, Samuel A. Elliot, Stephen White, James 



184 



N. E. ASYLUM FOR BLIND. J^Jarch 2, 1829. 



Savage, Amos Lawrence, Abbott Lawrence, Josiah 
J. Fiske, George Bond, Edward Brooks, William 
Tliorndike, John Homans, James C. Merrill, Frank- 
lin Dexter, John C. Gray, William H. Prescott, 
Bjadford Sumner, Benjamin T. Pickman, John D, 
Fisher, Isaac L. Hedge, William P. Mason, John 
Lowell, Jr. Charles M. Owen, Thomas A. Green, 
together with such other persons as may be admit- 
ted members of the Corporation hereinafter cre- 
ated, according to the by-laws thereof, be, and they 
hereb}^ arc, incorporated, by the name of the New- 
England Asylum for the Blind, for the purpose of 
educating blind persons. 

Sp:c. 2. Be if further enacted^ That the said 
Corporation ma}- take, receive and hold, purchase 
and possess, any grants and devises of lands and 
tenements, in fee simple or otherwise, and any do- 
nations, bequests and subscriptions of money, or 
other propert}^ to be used for the erection, sup- 
port and maintenance of an Asyklm for blind per- 
sons : Provided., that the income of said Corpora- 
tion, from its real and personal estates together, 
shall not, at any time, exceed the sum of thirty 
thousand dollars. 

Sec. 3. Be it further enacted.. That the Legis- 
lature of this Commonwealth, or anv committee or 
officer duly appointed by them for that purpose, 
^nt^'^lU? '-1^7' ffoni time to time, send to the said Asylum, 
for maintenance and education, such blind persons 
as they may think proper, which persons, so sent, 
shall be admitted to all the privileges and advanta- 
ges, and be subject to all the rules and regulations, 
of the sard Asylum : Provided., that the whole 
number of blind persons so maintained and educa- 
ted at said Asylum, under the authority of the Le- 
gislature of this Commonwealth, shall at no one 
time exceed thirty. 

Sec. 4. Be it further enacted, That the said 
Asylum shall be under the direction and manage- 
ment of twelve Trustees, who shall be chosen an- 



Grants, ^c. 



Proviso. 



Proviso. 



N. E. ASYLUM FOR BLIND. March 2, 1829. 185 



miall}'', and shall remain in office until others are Number 4- choice 
chosen and qualified in their stead ; four of which 
Trustees shall be chosen by the Board of Visitors 
hereinafter mentioned, and the remaining eight by 
the Corporation aforesaid. 

Sec. 5. Be it further enacted^ That the said 
Corporation ma3% at their first or any subsequent 
meeting, choose all necessary and convenient offi- choice of officers. 
cers, who shall have such powers and authorities as 
the said Corporation may think proper to pre- 
scribe and grant to them, and who shall be elected 
in such manner, and for such periods of time, as the 
by-laws of said Corporation may direct ; and the Byiawg. 
said Corporation may make and establish such 
by-laws and regulations for the internal govern- 
ment and economy of the said Asylum as they may 
think proper, provided the same are not repugnant 
to the Laws and Constitution of this Common- 
wealth. 

Sec. 6. Be it further enacted^ That the Gover- 
nor and Lieutenant Governor, the President of the so»rd of visit 
Senate, and Speaker of the House of Representa* 
tives, with the Chaplains of the Legislature, for the 
time being, l)e, and they hereby are, made and con- 
stituted a Board of Visitors of the said Asvlum, 
with authority to visit tlie same semi-annually, and 
as much oftener as they may tliink proper, in order 
to inspect the establishment, and to examine the 
by-laws and regulations enacted by said Corpora- 
tion, and generally to see that the object of the 
said Institution is carried into effect. 

Sec. 7. Be it further enacted^ That there shall bo 
paid, out of the Treasury of this Commonwealth, 
to the said Corporation, for the maintenance and 
education of each blind person sent to the said compensation. 
Asylum under the authority of the Legislature, the 
same compensation, as by the by-laws of said Cor- 
poration may be demanded, and is actually receiv- 
ed, for the maintenance and education of such 



186 N. E. ASYLUM FOR BLIND. March 2, 1829. 

other blind persons as are at that time residing in 
said Asylum. And the Governor of this Common- 
wealth, for the time being, is hereby authorized, by 
and with the advice of his Council, from time to 
time, to draw his warrant on the Treasury for such 
sums of money, as shall appear, from a certificate 
under the hands of the four Trustees, appointed 
by the Board of Visitors as aforesaid, to be the true 
amount then due to the said Corporation from the 
Commonwealth, for the maintenance and education 
of such persons. 

Sec. 8. Be it further enacted^ That it shall be 

lawful for the said Corporation, at any general 

Change of name, jjjgg^jj^g gf ^j^g membcrs thercof, to alter and 

change the name of said Corporation, and to sub- 
stitute therefor such other name as they may deem 
expedient, and upon such change so as aforesaid 
made, the said Corporation shall have, hold and 
enjoy all the powders and privileges given by this 
Act, notvvithstanding such alteration and change 
of name. 

Sec. 9. Be it further enacted, That Jonathan 
Phillips is hereby authorized to call the first meet- 
Firetmeetin ^"^ ^^ ^"^'^^ Corporation, by causing a notification 
thereof to be published, three weeks successively, 
in any three of the newspapers printed in the City 
of Boston. 

{Approved by the Governor, March 2, 1829.] 



SUITS. March 2, 1829. 18: 



CHAP. CXIV. 

An Act in addition to an Act, entitled " An Act 
relating to suits against defendants out of the 
State, — also, to giving notice to defendants 
sued.'' 

Sec. 1. ISE // enacled by the Senate and' House 
of Hepresefitalivcs in General Court assembled, 
and by the authority of the same, That, in any 
action now commenced, or which may hereafter be 
commenced, against any person who is not an in- 
habitant or resident in this Commonwealth, or 
against a person whose residence shall not be ^d''by"„rder"of'"'' 
known to the plaintiff in such action, and the '^"""" 
officer serving the writ, and who has no last and 
usual place of abode, tenant, agent or attorney in 
the Commonwealth, known to such plaintiff or 
oflicer ; and when tiie goods or estate of the de- 
fendant Avithin this Commonwealth shall be attach- 
ed, but no personal service be made upon him, 
the Court, before whom such suit shall be depend- 
ing, on suggestion thereof made, and the facts 
apjjearing by the officer's return upon the writ, 
shall order the said action to be continued to the 
next term of said Court, and so from term to term, 
until notice shall be given, in such way and manner 
as the said Court may oider : and the Court may Notice to f« 

-' *j given. 

order notice of the jiendency of sucii suit to be 
given by a service of a copy of the writ upon the 
defendant, or in such other form, and in such way 
and manner, as in their opinion the circumstances 
of the case may require ; and on satisfactory proof 
being given to the Court, that such order has been 
complied with, the same shall be deemed and 
taken to be sufliicient notice to the defendant of 
25 



188 TAUNT. FEM. CHAR. ASSO. March 2, 1829. 

such suit, and sufficient service of such writ ; and 
in case the defendant, such notice having been 
given by service or otherwise, shall not appear by 
himself or his attorney, at the term of the Court 
to which the said action may be continued, judg- 
ment may be rendered against him upon default, 
and such judgment shall be valid and effectual, to 
all intents and purposes, as if personal service had 
been made on the defendant, by a proper officer of 
this Commonwealth. 

[Aj>f)roved by the Governor, March 2, 1829.] 



CHAP. CXV. 

An Act to incorporate the Taunton Female Chari- 
table Association. 

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 Abigail 
West, Mary B. Bush, Martha B. Richmond, Sarah 
p««ons incorpo- y^ Richmond, with such as may be associated with 
them, be, and they hereby are incorporated, by the 
name of the Taunton Female Charitable Associa- 
tion, and by that name, they and tlieir successors 
shall be a corporation forever, for the purpose of 
furnishing charitable relief to such indigent persons 
as are not public paupers, nor supported by the 
overseers of the poor of the town, but to such as 
are in need of occasional and temporary charities, 
whose wants are intended to be relieved by the 
beneficence of this society, reserving to themselves 



TAUNT. FEM. CHAR. ASSO. March 2, 1829. 189 

the privilege and power of appropriating tlie an- 
nual income of such fund as may hereafter be 
raised, exceeding the sum of thirty dollars, to be fSd ap^roTi 
expended in the establishment and suppori of an """^• 
Infant School for the instruction of the children 
of the poor in the town of Taunton, with power to 
sue and be sued, to make, appoint and have a com- sue and be .uei. 
mon seal, and the same to alter at pleasure, to make 
by-laws for the regulation and government of said <^''""'n<"' seai. 
society,' and contracts for the control and direction Byuw.. 
of the funds thereof, not repugnant to the constitu- 
tion and laws of this Commonwealth : and they are 
hereby authorized and empowered to make pur- 
chases, and to receive grants, devises and donations 
of estate real and personal, for the use and benefit ^'''"*'""'' *=• 
of said Society: Pi'ovided, the value of the real 
estate of said societ}^ shall not exceed the sum of proytao. 
ten thousand dollars, and the annual income of the 
whole of said estate, real and personal, shall not 
exceed the sum of two thousand dollars. 

Sec. 2. Be it further enacted., That said society 
shall hold annual meetings in Taunton, at such 
times as shall be appointed by their by-laws, and 
shall elect by ballot a board of managers, consist- 
ing of a first and second Directress, a Secretary, 
Treasurer, and a Committee of seven females. 

Sec. 3. Be it further enacted., That the said Abi- 
gail West, be, and she is liereby authorized, to call 
the first meeting of said Corporation, by giving 
public notice thereof, in one or more of the news- '"""*•""« 
papers jiublished in Taunton, at such time and 
place as she shall judge proper, at least seven days 
before the time of the meeting for the purpose of 
choosing the officers of the Society and for the pur- 
pose of exercising the powers vested in them by 
the terms of this act. 

Sec. 4. Be it further enacted. That the Treas- 



Annual meeting. 



Treasurei. 



. . J. IDS , 

urer of said society shall always be ai^^ngle-woman) p^^Ji^On^ 
of the age of twent}' one years or upwards, and / ____ ~^-_, 
shall give bond, with sufficient surety or sureties, 



.. .• » ■--.. . ^7 



1%^^ '■ 



-?-2 , 



190 JOSIAH AND JOHN SNOW. March 2, 1829. 

• to account annually, or oftener if required, by said 

society, or the board of managers, for all monies 

and other property of said society coming t0|\her'" 

handstand in general to discharge the duties of 

said office with fidelit}^ : and every married woman 

„ ^ „ belonsino; to said society who shall, with the con- 

Husband '» ac- Jf> n J ' 

coumabiiity. sent of her husband, receive any money or other 
property of the same society shall thereby render 
her said husband accountable therefor to said 
society. 

Sec. 5. Be it further enacted. That this act 
may at any time hereafter be altered or repealed 
by the Legislature. 

[Approved by the Governor, March 2, 1829.] 



CHAP CXVI. 

An Act to set off Josiali Snow and John Snow 
from the tovvn of Truro and annex them to the 
town of Province town. 

Sec 1. 13 E it enacted by the Senate and House 
of Representatives in General Court assembled^ 
Persons set off. ^^^^ ^y the authority of the same, That Josiah Snow 
and John Snow, witli their families and estates, to- 
gether with all other persons living on the lot which 
is now the first and formerly the third in Truro, 
adjoining said Provincetown, shall be, and they 
hereby are set off from said town of Truro and an- 
nexed to said town of Provincetown, and shall 
forever hereafter be siibject to all tlie duties and 
entitled to all the privileges of citizens and inhabi- 



froviso. 



JOSIAH AND JOHN SNOW. JMarch 2, 1829. 191 

tants of Proviiicetown : Provided, however^ that •p^^^.^o. 
said persons so set off shall be liable to pay all 
taxes that have been legally assessed on them by 
said town of Truro, in the same manner as if this 
act had not been passed : And provided, further, that 
until a new valuation of polls and estates shall be 
taken and made, the said town of Provincetown 
shall be liable to pay over to the town of Truro all 
such sums of money as shall be levied and collect- 
ed from the persons set off as aforesaid, as their 
j)roportion of the State and County taxes. 

Sec. 2. Be it farther enacted, That ail such per- 
sons who have heretofore lived on said first lot, now 
prayed to be set off, and by reason of birth, or de- 
rivation, or holding property, or being taxed there, 
shall have gained a settlement in said Truro, and 
shall not subsequently have gained a settlement in 
any other town or place shall, with their descend- 
ants, be considered as having their lawful settle- 
ment in said town of Provincetown : Provided, 
hoivever, that if said persons, subsequently to their 
being on said first lot, shall have removed to any 
other pait of the town of Truro, and by any of the 
means aforesaid would have gained a settlement in 
Truro, if they had not lived in said first lot, their 
lawful settlement shall still be in Truro. 

Skc. .3. Be it further enacted. That the dividing 
line between the town of Truro and the town of 
Provincetown shall, in future, be the line between 
the first and second lots of said town of Truro, as 
they have been known since the passing of an act 
entitled " an Act to set off Silas Atkins Junior and 
others from the town of Truro and annex them to 
the town of Provincetown " and before the passing 
of said act, the third and fourth lots of said town 
of Truro, and as the said line now runs across the 
Cape, from the waters of the harbour, upon the 
south inside, to the sea upon the north or backside : 
Provided, that nothing in this act shall alter or di- 
minish the rieht of Truro in the Lobster and Clam 



Dividing line. 



Proviso. 



192 EQUITIES OF REDEMPTION. March 2, 1829. 

Fishery within the line described in an act of the 
General Court passed on the fifteenth day of Feb- 
ruary in the year of our Lord one thousand eight 
hundred and twenty five, entitled " an Act to pre- 
vent the destruction of the Lobster and Clam 
Fishery in the town of Truro in the County of 
Barnstable, and to preserve and regulate the same, 
within the waters and shores of said Town." 

[Approved by the Governor, March 2, 1820. j 



CHAP. CXVIL 



An Act in relation to notices on the sale of Equi- 
ties of Redemption. 



JjE it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same. That whenever 
a right in equity of redeeming real estate shall he 
taken on Execution, the judgment debtor, not being 
an inhabitant of or resident in this Commonwealth, 
it shall not be necessary to give notice in writing 
of the time and place of sale to the debtor in per- 
son, or by leaving the same at his last asd usual 
place of abode ; any thing in the Act passed on 
the first day of March, one thousand seven hun- 
dred and ninety-nine, to the contrary notwith- 
standing. 

[Approved by the Governor, March 2, 1829,] 



FIRST CON. SO. BOYLST. March 3, 1829. 193 



CHAR CXVIIL 

An Act in addition to an Act regulating the inspec- 
tion of Hops. 

J3 5il 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 Hops, the growth 
of any other State, and duly inspected therein, 
and accompanied with certificates of the same, 
shall not be subjected to reinspection in this Com- 
nionwealtli. 

[Approved by the Governor, March 2, 1829.] 



CHAP. CXIX. 

An Act to incorporate Trustees of the Ministerial 
Fund of the First Congregational Society in 
Boylston. 

Sec 1. IJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Jotham Bush, 
James Longley, Aaron White, Abijah l<'lagg, Asaph ^*,^^.""°"'''^" 
Andrews, John Andrews and Nathaniel Davenport^ 
and their successors, be, and they are hereby con 



194 



BOYLST. MINIST. FUND. 



March 3, 182^. 



By-laws. 



Number of Trus- 
tees, their pow- 
ers and duties. 



Trustees liabil- 
ity. 



First meeting. 



stituted a Corporation, by the name of the " Trus- 
tees of the Ministerial Fund of the First Congrega- 
tional Society in Boylston," with power to hold 
real and personal estate, not exceedina; in value, 
the sum of ten thousand dollars, and with power 
also to appoint all such officers, and ordain all such 
by-laws, as maj- be necessary and convenient in the 
management of said fund, provided such by-laws 
are not repugnant to the Laws and Constitution of 
this Commonwealth. 

Sec. 2. Be it further enacted^ That the number 
of said Trustees shall never be less than seven, and 
that four shall be a quorum to transact business, 
and that said Trustees be authorized to receive and 
hold, manage and improve, all property now con- 
stituting said fund, and whatever may be hereafter 
given to increase the same, subject to the limitation 
aforesaid, and said Trustees shall apply the income 
thereof to the support of the Minister of said So- 
ciety forever, and if the said income shall exceed 
the annual salary of such minister, then the sur- 
plus shall be applied to such other parochial 
charges as the Society shall direct, and said Trus- 
tees shall be liable in their private capacities, for 
any official mismanagement of said trust ; they 
shall keep, for the inspection of said Societ}^ a 
fair record of their proceedings, and shall make an 
annual statement of the receipts and expenditures 
to said Society, and shall receive no compensation 
for their services other than what said Society may 
make to them ; and all vacancies in said Board of 
Trustees shall be filled by said Society at any legal 
meeting thereof held for that purpose. 

Sec. .3. Be it further enacted^ That Jotham Dush, 
above named, be authorized to call the first meet- 
ing of said Trustees, by causing to be left at their 
several places of abode, at least ten days previous 
to the same, a written notice, setting forth the time, 
place and pur[)oses thereof. 



REAL ESTATE OF MINORS. March 3, 1829. 1 95 

Sec. 4. Jie it further enacted^ That the Legisla- 
ture may, at any time, alter, amend or repeal 
this Act. 

[Approved by the Governor, March 3, 1829.] 



CHAP. CXX. 

An Act in relation to the abatement of Legal 
Process. 

ISE it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same. That on marriage of 
any femme sole, after the service of any writ or 
process in law in which she shall be plaintiff, de- 
mandant, complainant or petitioner, the husband, 
on motion, may become a party in the prosecution 
thereof, and the same shall not abate by reason of 
such marriace. 



•»' 



[Approved by the Governor, March 3, 1829.] 



CHAP. CXXL 

An Act relating to the sale of the Real Estate of 
Minors and others. 

Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That when it shall 
26 



196 FIRST CHURCH IN BOSTON. March 3, 1829. 

fully appear to the Justices of the Supreme Ju- 
dicial Court, by the petition and representation of 
the friends or guardians of any Minors, or any 
persons non compos mentis^ that it would be for the 
benefit of such Minors or persons aforesaid, that a 
part or a whole of their Real Estate should be dis- 
posed of, and the proceeds thereof put out on in- 
terest, the said Justices may authorize some suita- 
ble person or persons to sell and convey such 
Estate, or any part thereof, however the title of 
said Minors or said persons may have been ac- 
quired, in the same manner as said Justices may 
now authorize the sale of the same, Avhen acquired 
by inheritance or devise. 

[Approved by the Governor, March 3, 1829.] 



CHAP. CXXII. 

An Act declaring and confirming the incorporation 
of the Proprietors of the First Church in Boston. 

Sec. 1. Jl5E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Proprietors of % Ihe authority' of the same, That all persons 
rated,'°^°'''°" ^^^o now are or hereafter may be, the Proprietors 
of pews in the Meeting House in Chauncey Place 
in Boston, be, and they hereby are declared and 
confirmed, to be a bod}'^ corporate and politic, by the 
name of " the First Church in Boston," with power 
to elect such officers, and to pass such by-laws, as 
may be necessary for the proper management of 
their affairs, and with all other powers, rights and 
privileges, which by the Constitution or Laws of 



FIRST CHURCH IN BOSTON. March 3, 1829. 197 

this Commonwealth, belong to Parishes; and with 
power also to purchase, take and hold, any estate, 
real, personal or mixed, for the support of the Min- ^^*"*'*- 
istry, and the suitable maintenance of the Public 
Worship of God, and the same to sell, mortgage or 
otherwise dispose of, as they may see fit : Pro- proriso. 
vided, that the whole estate of the said Corporation, 
exclusive of their Meeting House, shall not exceed in 
its annual income, the sum of five thousand dollars, 
and the said Corporation shall be, and hereby are 
declared in law to be seized and possessed of the said 
Meeting House, with all the land under and adjoin- 
ing the same, and of all other lands, tenements and 
estate heretofore possessed and enjoyed by the 
Proprietors of the First Church, or by the Deacons, 
or any other Officers of the same for their use, 
with all the rights, privileges and appurtenances to 
the same belonging, reserving however to the sev- 
eral Proprietors of pews in the said Meeting House, 
their right to, and interest in, their said pews re- 
spectively. 

Sec. 2. Be it further enacted, That the said 
Proprietors shall be entitled to all the privileges Former priviie- 
which they have heretofore in fact enjo3'ed, and ^^'•*''' 
shall be subject to all tlie duties they have hereto- 
fore in fact been subject to, and shall be bound by 
all the contracts they have heretofore in fact en- 
tered into. 

Sec. 3. Be it further enacted, That all monies 
raised by the said Proprietors, for any lawful pur- 
pose, shall be assessed upon the several Proprie- ^^sessmenu, 
tors of the pews in said Meeting House, or in any 
other Meeting House, that may be substituted 
therefor, according to the relative value of the said 
pews, regard being had to their situation and con- fjf^'^^ "**''^ '° ^° 
venience, and the said pews shall be held liable to 
be taken and sold for the payment of all assess- 
ments duly made, and for the discharge of all ex- 
penses incurred by such sale, in such manner, and 
upon such events, circumstances and conditions, as 



198 



FIRE DEPART. IN BOSTON. March 3, 1829 



Officers 



First meeting' 



have been, or may be hereafter ordered and direct- 
ed by the said Proprietors, at any legal meeting, 
and which are or may be summarily expressed and 
contained in the deed or conveyance of the pews; 
and the said assessments shall be considered as a 
lien upon the said pew^s. 

Sec. 4. Be it Jurther enacted^ That the present 
officers of the said Proprietors, shall he, and remain 
in office until the first annual meeting of the said 
Corporation, unless by decease or resignation, the 
place of any of them should become vacant, in 
which case the said Proprietors may elect others 
to fill such vacancies ; and the said officers shall 
cause the first meeting of the said Corporation to 
be called by a printed notification to each Proprie- 
tor of a pew in said Meeting House, and afterwards 
notice of the meetings of said Corporation shall 
be given in such manner as the Corporation shall 
direct. 

Sec. 5. Be it further enacted, That this Act 
may be altered, amended or repealed at the pleas- 
ure of the Legislature. 

[Approved by the Governor, March 3, 1829.] 



CHAP. CXXIII. 



An Act in addition to an Act establishing a Fire 
Department in the City of Boston. 

X>E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That every member 
of the Fire Department of the City of Boston, who 



MARSHFIELD BEACH. March 3, 1829. 199 

shall produce a certificate, sipjned by the Mayor of 

said City, that he has served as a member ot" said 

Fire Department for seven successive years after 

the age at which tlie laws of the United States, or 

of this Commonwealth, may hold tlie citizens 

thereof liable to enrolment in the JNJilitia, shall be ^IZmliltrdX. 

exempted from all IMilitia duty excepting that of 

keeping himself constantly furnished with the arms 

and equipments required by the laws of the United 

States, and the duty of carrying or sending them 

on the fiist Tuesday of May, annually, to the place 

of inspection or view of arms of the company, 

within whose bounds he may reside, and in which 

he is enrolled. 

[Approved by the Governor, March 3, 1829.] 



CHAP. CXXIV. 

An Act to revive and continue in force an Act to 
preserve and secure from damage Marshfield 
Beach, and the meadows thereto adjoining. 

lJE it enacted by the Senate and House 
of Representatives in General Court assembled^ 
and by the authority of the same, That an Act 
made on the twenty-first day of February, in the 
year of our Lord one thousand eight hundred and 
twenty-seven, entitled " An Act to preserve and 
secure from damage Marshfield Beach and the 
meadows thereto adjoining," be, and the same is 
hereby revived, re-enacted and continued in force, 
and the same and every provision and clause there- 



200 



Proviso. 



SAMUEL GIBSON. 



March 3, 1829. 



in contained, shall have the same force and effect 
as if the condition and limitation expressed in the 
eighth section thereof had not been contained 
therein : Provided, that the inhabitants of the 
town of Marsh field, at a legal town meeting called 
for that purpose, shall, by a written Aote, deter- 
mine to adopt the said Act within six months after 
the passing of this Act, and not otherwise. 

[Approved by the Governor, March 3, 1829.] 



CHAP. CXXV. 

An Act to set off Samuel Gibson from the Town 
of Fitchburg and annex him to the Town of 
Ashbv. 



Persons, 4'C> set 
off. 



Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority oj the same, That Samuel Gib- 
son, his family and his buildings of every descrip- 
tion, together with so much of the farm, whereon 
he now lives, east and north of the following de- 
scribed lines to wit: beginning at the south-west 
corner of the town of Ashby, thence running south 
twelve degrees, east, ninet}' six and an half rods to 
the soutli-west corner of the said Gibson's farm, 
thence north eighty two degrees east, two hundred 
and thirty five rods to the east line of said Gibson's 
farm, where it intersects the line of Ashby and 
Fitchburg, be, and they hereby are set off from 
the town of Fitchburg in the County of Worcester, 



ecu ANNEX BANK. J\1arch 3, 1829. 201 

and annexed to Ashby in the County of Middlesex, 
and the said Samuel Gibson and his family shall 
hereafter be considered inhabitants of the town of 
Ashby, and shall there exercise and enjoy all their 
rights and privileges, end shall be subject to all the 
duties and requisitions in the like manner with the 
other inhabitants of said town of Ashby : Provided, proviso. 
hoivever, that the said Samuel Gibson shall be hold- 
en to pay all taxes which have been legally assess- 
ed upon him by the town of Fitchburg, prior to 
the passing of this act. 

Sec. 2. Be it further enacted, That all persons 
who shall become poor and stand in need of relief, 
and who have gained or shall hereafter gain lawful 
settlements on the land hereby set off from said 
town of Fitchburg to said town of Ashby, either by 
themselves or derivatively, shall be considered the 
proper poor of said Ashby, and be supported 
therein. 

[Approved by the Governor, March 3, 1829.] 



Poor Persons. 



CHAP. CXXVI. 

An Act to incorporate the President, Directors and 
Company of the Cohannet Bank. 

Sec. 1. Be z7 enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same. That John Ma- 
son Williams, Job Godfrey, William Read, Dan Persons ineorpo. 
Wilmarth, Jr. Jacob Chapin, their associates suc- 
cessors and assigns, shall be, and the}^ hereby are 
created a Corporation, by the name of the Presi- 
dent, Directors and Company of the Cohannet 



rated. 



202 



ENGINES IN ROXBURY. 



March 3, 1829, 



Capital Stock. 



Bank, and shall so continue for the term of twenty 
years from and after the first Monday in October 
in the year of our Lord one thousand eight hundred 
and thirty one, subject to all the rules, limitationsj 
restrictions, liabilities and provisions, and entitled to 
all the privileges and immunities specified and con- 
tained in an act passed on the twenty eighth day 
of February in the year of our Lord one thousand 
eight hundred and twenty nine, entitled " an Act 
to regulate Banks and Banking." 

Sec. 2. Be it further enacted^ That the Capital 
Stock of said Corporation shall consist of the sum 
of one hundred thousand dollars, to be divided into 
shares of one hundred dollars each, to be paid in 
such instalments, and at such times as the Stock- 
holdeis may direct and determine: Provided^ the 
whole be paid within one year from the passing of 
this act. 

Sec. 3. Be it further enacted^ That the said 
Bank shall be established in the town of Taunton, 
and that any one of the persons before named shall 
be authorized to call the first meeting of said Cor- 
FiHt meeting, poration by advertising the same in any newspaper 
printed in the town of Taunton ten days at least 
before said meeting. 

[Approved by the Governor, March 3, 1829.] 



Location. 



CHAP, cxxvn. 

An Act empowering the Selectmen of the Town 
of Roxbury to increase the number of Engine- 
men in said Town. 

J3E it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same. That the Select- 



INSTRUCTION OF YOUTH. March 3, 1829. 203 

men of the town of Roxbury for the time being, 
whenever they deem it expedient, are hereby au- 
thorized and empowered hereafter, to nominate and ^infi^n.**'^ *^"' 
appoint twenty ensjine men in addition to the num- 
ber now authorized by law, to be attached to any 
suction enojine, which may hereafter be owned, and 
established in said town, v/hich engine men so ap- 
pointed shall be subject to the same duties, and 
vested with the same powers, rights and privileges, 
and entitled to the same exemptions, with other en- 
gine men as now by law provided. 

[Approved by the Governor, March 3, 1829.] 



CHAP. CXXVHI. 

An Act in addition to "an Act to provide for the 
Instruction of Youth." 

'^ 13 E «^ enacted by the Setiate and House 

of Representatives in General Court assembled^ 
and by the authority of the same, Tliat it shall be 
optional with any town, which contains more than 
five hundred families, to be provided with the 
Master required by the Act to which this is in ad- 
dition, for the benefit of all the inhabitants thereof, 
or to raise and appropriate such sum or sums of 
money as shall be requisite for the support of all the 
Teachers required by said Act, to be divided among 
the several School Districts in said town, provided 
that such sum or sums of money shall not be less than 
the highest sura which has been raised by such town 
within the four years last past : Provided, however, '^*^'"*' 
27 



204 SHAD & ALE WIVES IN MALD. March 3, 1 829. 



that this Act shall in no way affect those towns 
which have already purchased or built Houses for 
the purpose of keeping the Town School afore- 
said. 

[Approved by the Governor, March 3, 1829.] 



CHAP. CXXIX. 

An Act further to regulate the Shad and Alev*ive 
Fishery in the town of Maiden. 

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 from and after 
the passing of this Act, it shall and may be lawful 
for the inhabitants of the town of Maiden, in the 
county of Middlesex, at any legal meeting to be 
Bale ofnght8,4^c- jjoj^^gn foj. tj^^t purposo, iu cach year, to sell at 
public auction the right and privilege of taking the 
fish called Shad and Alewives within the limits of 
said town with one seine or dragnet only, on two 
of the days only, in each week, on which it is now 
lawful to take said fish in said town, and all monies 
arising from the sale of said right and privilege, 
shall be paid into the Treasury of said town, and 
be appropriated for the support of the poor thereof. 

Sec. 2. Be it further enacted, That if tlie pur- 
chaser or purchasers of the said right and privi- 
lege, or those employed by them, shall presume to 
take any of the said fish with more than one seine 
or dragnet, or on any other than two of the days 
jn each week, on which it is lawful to take said fish 



METH. EPISC. CH. SALEM. March 3, 1829. 205 

in said town ; and if any other person or persons 
whatever, shall at any time take any of the said 
fish with a seine or dragnet within the limits of said 
town, every person so offending, shall, for each 
offence, forfeit and pay a sum not exceeding twenty 
dollars nor less than ten dollars, to be recov- 
ered by an action of debt in any Court proper to 
try the same, one half to the use of said town of 
Maiden, and the other half to him or them who 
shall sue for the same : Provided, however, that 
nothing in this Act contained shall be so construed 
as to prevent any of the inhabitants of said town 
from taking said fish with dip nets as has been 
heretofore their custom. 

[Approved by the Governor, INIarch 3^ 1829.] 



Forfeit. 



CHAP. CXXX. 

An Act to incorporate the Trustees of the First 
Methodist Episcopal Church and Society in 
Salem. 

Sec. 1. i5E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Jesse Fill- 
more, Samuel Berry, Jonathan Smothers, Joseph ra"dT ^^^^^ 
Dixon and Richard Frost, of Salem, be, and they 
hereby are, constituted a body corporate, with their 
associates and successors, by the name of the Trus- 
tees of the First Methodist Episcopal Church and 
Society in Salem. 



206 



METIL EPISC. CH. SALEM. March 3, 1829. 



Number of Trus 
teei. 



Property. 



Sec. 2. Be it further enacted^ That the said 
Trustees, and their associates and successors, may 
Appoint officers, g|g(.|- guch officcrs, aiid make and ordain such by- 
laws and regulations, as they may deem necessary 
for their own government and the management of 
the funds committed to their care, not repugnant 
to the Constitution and Laws of this Common- 
wealth. The number of Trustees shall not exceed 
nine, or be less than five, a majority of whom shall 
constitute a quorum, for the transaction of busi- 
ness. 

Sec. 3. Be it further enacted, That said Trus- 
tees, and their associates and successors, shall have 
power to hold and possess all the property belong- 
ing to said Church and Society, both real and 
personal, in trust for the use and benefit of said 
Church and Society, for the purpose of pro- 
moting and supporting the public worship of 
God, according to the usages of the Methodist 
Episcopal Church, and other benevolent and reli- 
gious purposes, consistent with the interest of 
said Church and Society, and all vacancies in said 
Board of Trustees, occurring by death, resignation 
or otherwise, may be supplied by said Trustees in 
such manner as they may direct in their by-laws, 
and in conformity to the usages of said Church. 

Sec. 4. Be it further enacted, That all gifts, 
grants, bequests, devises or donations made, or 
which may hereafter be made, to said Trustees, in 
their said capacity, for the use and benefit of said 
Church and Society, shall be valid to everj'^ intent 
and purpose, and tlie said Trustees may hold and 
possess, as aforesaid, funds consisting of real or 
personal estate belonging to said Church and Soci- 
ety, the annual income of which shall not exceed 
two thousand dollars : Provided, the same, and 
the interest and income thereof, be strictly applied 
and appropriated to promote the objects contem- 
plated in this Act, and according to tiie directions of 
the donor or donors. 



Gift*, grants, 4c. 



Proviio. 



LOWELL BANK. March 3, 1829. 207 

Sec. 5. Be it further enacted, That Jesse Fill- 
more, before named, be, and he hereby is, autho- 
rized to call the first meeting of said '1 rustees, by Fi"tmeeung. 
notice of the time and place to each of the afore- 
said Trustees, at least seven days before the time 
of holding the same. 

Sec. 6. Be it further enacted. That this Act may 
be amended or repealed at the pleasure of the 
Legislature. 

[Approved by the Governor, March 3, 1829.] 



CHAP. CXXXL 

An Act in addition to an Act to incorporate the 
President, Directors and Company of the Lowell 
Bank. 

Sec. 1. JlJE it enacted by the Senate and Howie 
of Representatives in General Court assembled, 
and by the authority of the same, I'hat the Pres- increase of capi 
ident, Directors and Company of the Lowell Bank, '*' ''°"'" 
be,and they hereby are, authorized and empowered 
to increase their present Capital Stock by an ad- 
dition of fifty thousand dollars thereto, in shares of 
one hundred dollars each, which shall be paid in 
such instalments, and at such times, as the Presi- 
dent and Directors of said Bank may direct and rrovuo. 
determine : Provided, however, that the whole 
amount shall be paid in within one year from the *''°''"°" 
passing of this Act : Provided, also, that the said 
Bank shall be governed by all the rules, and sub- 
jected to all the duties, limitations, restrictions, 
liabilities and provisions contained in an Act en- 



208 MILITIA. March 3, 1829. 

titled " An Act to regulate Banks and Banking," 
passed the twenty-eighth day of February, in the 
year of our Lord one thousand eight hundred and 
twenty-nine. 

[Approved by the Governor, March 3, 1829.] 



"Exempts. 



CHAP. CXXXII. 

An Act in addition to an Act entitled " An Act to 
regulate the Militia of this Commonwealth." 

Sec. 1. I3E it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the same, That any non- 
commissioned officer or private of any Company 
raised at large, who shall have removed without 
the limits within which such Company is permitted 
to be raised, 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 2. Be it further enacted, That tlie fourth 
section of an Act entitled " An Act in addition to 
aepeai. ^^ ^^^ cutitlcd an Act to regulate the Militia of 

this Commonwealth," passed March the fourth, in 
the year of our Lord one thousand eight hundred 
and twenty-six, be, and the same is hereby re- 
pealed. 

[Approved by the Governor, March 3, 1829.] 



Boundary. 



xMED. & HOL. TOWN LINE. March 3, 1829. 209 



CHAP. CXXXIII. 

An Act to alter the Town Line between the Towns 
of Medway and Holliston. 

Sec. 1. 15E // enacted by the Senate and House 
of Representatives in General Court assembled,, and 
by the authority of the same, That the dividing 
line between the towns of Medwaj and Hollis- 
ton shall be altered, and shall hereafter be estab- 
lished as follows, to wit : — beginning at the Milford 
line, between the farm of Nahuni Clark, and the 
farm formerly owned by Captain Aaron Pond, 
thence easterly, on the line between said farms to 
the river, thence easterly to the north-east corner 
of the Joseph Rider farm, so called, thence easterly 
to a white oak tree, about thirty rods north of 
Captain John Harding's barn, east of the road, 
thence easterly to the south line of the farm for- 
merly owned by Abner Morse, Esquire, on the 
road passing through said farm, thence easterly on 
the line of said farm to the pond road, so called, 
thence turning southerly on said road, about twenty 
five rods to the south-west corner of the old Rock- 
wood farm, so called, thence easterly on the south 
line of said Rockwood fartn, to the old grant line, 
so called, thence northerly on said grant line to the 
line between said Medway and Holliston ; and that 
part of said Holliston which lies south of said line, 
shall hereafter belong to said Medway, and be a 
part of the County of Norfolk ; and that part of 
said Medway which lies north of said line, shall 
hereafter belong to said Holliston, and be a part of 
the County of Middlesex. 

Sec. 2. Be it further enacted. That all persons, 
who may have obtained or derived a legal settle- 



210 SUPPRES. OF LOTTERIES. March 4, 182d. 

ment by a residence on any of the lands annexed 
by this Act to the said towns of Holliston or 
Medwa}', and who shall hereafter become charge- 
able to either of said towns for their support, shall 
be supported b}^ the town within whose limits such 
pauper or paupers shall have derived a settlement, 
according to the lines of said towns, as established 
by this Act. 

[Approved by the Governor, March 3, 1829.] 



JPaupetP. 



Forfeit. 



CHAP. CXXXIV. 

An Act in addition to the several Acts for the Sup- 
pression of Lotteries. 

Sec. 1. 13 E it enactfd 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 tiiis Act, if any j)erson or per- 
sons shall exhibit any sign, symbol, or other em- 
blematical representation of a Lottery, or the diaw- 
it^g of a lottery, or in any way indicating where 
Lottery Tickets may be purchased or received, or 
shall, in any such manner, invite or entice others to 
purchase or receive i^ottery .Tickets, they shall 
severall}' forfeit anil pay a sum net less than thirty 
dollars, and not exceeding one hundred dollars, for 
each, every and either of the offences aforesaid ; 
which sum shall be paiii for the use of the Com- 
monwealth, if prosecuted for by the Attorney or 



SUPPRES. OF LOTTERIES. March 4, 1829. 211 

Solicitor General, or either of the County Attor- 
nies of tlie Commonwealth, and if prosecuted for 
by any other person or persons, one half of said 
sum shall be for the use of the person or persons 
so prosecuting, and the other half to the use of the 
Commonwealth. And ^x\y citizen of this Common- 
wealth is hereby authorized and empowered to 
prosecute therefor, in an}^ Court competent to try 
the same, and in case of non-pajment, on convic- 
tion, the offender shall suffer imprisonment for a 
term not less than thirty da} s, and not exceeding 
one year, according to the aggravation of the of- 
fence. 

Sec. 2. Be it furlher enacted^ That all Justices 
of the Peace of this Commonwealth, within their to!s^u\'wamm* 
respective Counties, shall, on complaint of any per- '^''• 
son or persons, made under oath or affirmation, of 
the violation of this Act, or either of the Acts to 
which this is an addition, issue warrants for the ap- 
prehension of such offender or offenders, and shall, if 
they see cause, bind him or them over to the next 
Supreme Judicial Court, or Court of Common 
Pleas, to be held within their respective Counties, 
or to the Municipal Court, if within the City of 
Boston, to be tried for such offence. 

Sec. 3. Be it further enacted^ That the Mayor 
and Aldermen of the City of Boston be, and they May prowcute 
are hereby authorized to direct the City Solicitor, *'^*°'*®"* 
City Marshal, or such other officers of the City as 
they may judge expedient, to prosecute and bring 
to trial, in any Court proper to try the same, any 
offender or offenders against this Act, or any of the 
other laws of this Commonwealth for the suppres- 
sion of Lotteries. 

Sec 4. Be it further enacted, That so much ^^j^,, 
of the laws now in force as provides a penalty or 
forfeiture for the purchasing or receiving any Lot- 
tery Ticket or Tickets, be, and the same hereby is 

28 



212 CHANGE OF NAMES. March 4, 1829- 

repealed, unless it should appear that such tick- 
ets were received or purchased for the purpose 
of sale. 

[Approved by the Governor, March 4, 1829.] 



CHAP. CXXXV. 

An Act to change the names of the several persons 
therein mentioned. 

JlSE it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same^ That the several 
persons herein named shall hereafter be known 
and called by the names they are hereby respec- 
NameB changed, ^j^^j^ allowcd to assume, viz: That John D. Pierce, 
minor son of Joseph H. Pierce, may take the name 
of John Pierce ; that WilHam Brown, may take 
the name of Augustus William Browne ; that Oli- 
ver Bliss, may take the name of Oliver Henry 
Bliss ; that John Randall, minor son of Elizabeth 
Randall, may take the name of Otis Gray Randall ; 
that Bant Hasvkes, may take the name of George 
Washington Hawkes; that Barnabas Reed, may take 
the name of George Crosby Reed ; that Charles 
Ayer, may take the name of Charles Washington 
Ayers; that John Leighton Fogaty, may take the 
name of John Perkins Leighton ; that John Rob- 
erts, book-binder, may take the name of John Gray 
Roberts ; that George Gray, minor son of Sally 
Gray, may take the name of John Gray ; that Ma- 
ry Davis, wife of William Davis, may take the name 



CHANGE OF NAMES. March 4, 1829. 213 

of Mary Jane Davis; that Ann T. Jones, may take 
the name of Anna T. Jones; that Carohne Maria 
Sumner, may take the name of Caroline Sumner 
Harris; that Abba Harris Sumner, may take the 
name of Abba Sumner Harris ; that Susan East- 
man, formerly the wife of Samuel Eastman, may 
take the name of Susan Elizabeth Osborne ; that 
Charles Edward Eastman, minor son of the above 
named Susan, may take the name of Charles Ed- 
ward Osborne ; and that Daniel Carney, Junior, 
may take the name of Daniel Williams Carney ; all 
of the City of Boston : — That Moses Endicott, of 
Salem, may take tfie name of Charles M. Endicott; 
that William Goodhue, Junior, of Salem, may take 
the name of William Penniman Goodhue : that 
Penn T. Richardson, of Salem, may take the name 
of Penn Townsend ; that Samuel Ober 3d, of Bev- 
erly, may take the name of Snmuel Stuart Ober; 
that Henrj- Clement Chubuck, of Boxford, may 
take the name of Henry Clement Sullivan ; that 
Tristam Coffin Otis, of Newburyport, may take 
the name of James Frederick Otis; that Theodore 
Norwood, minor son of Eliza Rowe, of Gloucester, 
may take the name of Gorham Norwood; that Sa- 
rah K. Jewett, of fjiswich, may take the name of 
Sarah Kimball ; that George Schaffer, minor son 
of Eliza Dexter, of Gloucester, may take the name 
of George Vila ; that John Vila Schaffer, minor son 
of the above named Eliza, may take the name of 
John Vila; that Elizabeth Robbins Schaffer, minor 
daughter of the before named Eliza, may take the 
name of Elizabeth Robbins Vila; all of the Coun- 
ty of Essex : — That Tilly Whitcomb Earaes, minor 
son of Judith Fames, of Reading, may take the 
name of Henry Ames; that Luther Sherman, Jun- 
ior, of East Sudbury, may take the name of Luther 
Wheeler Sherman ; that Sarah i arbell, of Lincoln, 
may take the name of Sarah Harding Tarbell; that 
Abigail Fox Hoar, of Lincoln, may take the name 
of Abigail Fox ; that Sally Johnson, of Reading, 



214 CHANGE OF NAMES. March 4, 1829. 

may take the name of Sarah Ann Johnson ; that 
Angela Eaton Gould, of Reading, may take the 
name of Mersylna Jane Johnson ; all of the Coun- 
ty of Middlesex : — That Cornelius Fellows Davis, 
of Roxbury, may take the name of Charles Davis ; 
that Minot Hickox, of Weymouth, may take the 
name of Minot Harrington ; that Anjenette Tink- 
ham, daughter of Reuben Tinkham, Junior, of 
Wrentham, may take the name of Anjenette Blake; 
that Hiram Cary, of Medway, may take the name 
of William H. Gary ; all of the County of Nor- 
folk: — That James Maccubbin Lingan Ward, mi- 
nor son of Andrew H. Ward, of Shewsbury, may 
take the name of William Ward ; that Samuel 
Cephas Williams, of Shewsbury, may take the 
name of Samuel Putnam Williams ; that Abijah 
Moore, of Lancaster, may take the name of Fran- 
cis Merritt ; that David Holder, of Bolton, may 
take the name of David Green Holder ; tiiat James 
Taylor, minor son of John Taylor, of Leominster, 
may take the name of John James Taylor ; that 
Dexter Whitne}^, of Westborough, may take the 
name of Dexter Osborne Whitney; that Hannali 
Smith, infant daughter of the late William Smith, 
of Mendon, may take the name of Maria Emeline 
Barber Stone ; that Sarah Larkin, of Bolton, may 
take the name of Sarah Ann Haynes ; that Sarah 
Boutelle, daughter of Sarah Boutelle, of Leomins- 
ter, may take the name of Sarah Newton Boutelle ; 
all of the County of Worcester : — That Charles 
Dwight, of Belchertown, may take the name of 
Charles Hobart Dwight ; that Hezekiah Watrous 
Davis, of Amherst, may take the name of Hezeki- 
ah Davis; that Willard Nelson Taylor, of Granby, 
may take the name of Willard Taylor ; that Flavel 
Griswold, of South Hadley, may take the name of 
John Flavel Griswold ; all of the County of Hamp- 
shire : — That Jonathan Walker, of West Spring- 
field, may take the name of Jonathan Freeland ; 
that Nathan David Hall, minor son of Margaret 



SAL. & BOST. STAGE CO. March 4, 1829. 215 

Hall, of Granville, may take the name of Gordon 
Nathan David Hall ; all of the County of Hamp- 
den : — That Madison Bowker, of Savoy, may take 
the name of James Madison Bowker ; that Curtis 
Mattoon, minor son of Charles Mattoon, of Lenox, 
may take the name of Charles Nash Mattoon ; that 
Caroline Martin, daughter of Joel Martin, may take 
the name of Caroline Martin Brown ; all of the 
County of Berkshire : — That Archippas C. Hart, 
of New- Bedford, ma}'- take the name of Charles 
Hart ; that Sion Seabury, of Westport, may take 
the name of Frankiin P. Seabury; that Lucy Leon- 
ard Riclimoiid, of Taunton, may take the name of 
Lucy Leonard Eaton ; that Thankful Pierce Rich- 
mond, daughter of the above named Lucy, may 
take the name of Maria Thankful Pierce Eaton ; 
all of the County of Bristol : — That Morse Courtis 
Watson Hastings, of Sandwich, may take the name 
of Watson Hastings; that Samuel Davis, minor son 
of Wendell Davis, of Sandwich, may take the 
of Samuel H. Davis ; that John Thornton Kirkland 
Davis, minor son of the above named Wendell, may 
take tlie name of Wendell Thornton Davis ; all of 
th«' County of Barnstable : — That George Coffin, of 
Nantucket, may take the name of George Wash- 
ington Coffin. 

[Approved by the Governor, March 4, 1829.] 



CHAP. CXXXVL 

An Act to incorporate the Salem and Boston Stage 
Company. 

Sec. 1. JjE i/ enacted by the Senate and House 
of Representatives in General Court assembled^ 
and by the authority of the same. That Robert Man- 



216 



SAL. & BOST. STAGE CO. 



jyjarch 4, 1829. 



ning, Jolm Dike, James Potter, William Manning, 
VVoo(U)ury Page, Joseph S. Leavitt, B. L. Rand, 
i^nion, incorpo. ^y f) Winchester, Jacob B. Winchester, Benjamin 
Bray, Albert Knight, and Benjamin F. Whitmore, 
with such others as may associate with them, their 
successors and assigns, be, and they hereby are 
made a Corporation, by the name of the Salem and 
Boston Stage Company, for thr^ pur{)ose of convey- 
ing passengers between the City of Boston and the 
towns of Salem, Beverly, and Gloucester, and be- 
tween the town of Salem, and the towns of Glou- 
cester, Haverhill, and Lowell, with liberty to con- 
vey passengers to and from all places upon the 
aforesaid routes, and for that purpose shall have 
all the powers and privileges, and shall be subject 
to all the duties, restrictions and liabilities pre- 
scribed and contained in an Act entitled " an Act de- 
fining the general powers and duties of Manufactur- 
ing Corporations," passed on the third day of March 
in the year of our Lord one thousand eight hundred 
and nine, and the several Acts in addition thereto : 
Provided^ hoivever, that said Company shall not 
ask or demand, for the conveyance of an}- passenger 
with usual baggage, any greater sums than the fol- 
lowing, to wit : between the City of Boston and the 
town of Salem, by way of the Salem i urnpike, one 
dollar, and between the same places, by way of 
Danvers, seventj-five cents; between the City of 
Boston and the town of Gloucester, the sum of one 
dollar and seventy-five cents; between the City of 
Boston and the town of Beverly, one dollar; be- 
tween the town of Salem and the town of Lowell, 
one dollar and fifty cents ; between the town of 
Salem and the town of Haverhill, one dollar ; be- 
tween the town of Salem and the town of Glouces- 
ter, one dollar; between the town of Salem and 
the town of Danvers, twelve and an half cents ; and 
between the City of Boston and the town of Lynn, 
fifty cents. 

Sec. 2. Be it Jurther enacted, That said Com- 
pany may lawfully hold and possess real estate in 



Proviso. 



REAL ACTIONS. March A, 1829. 217 

the town of Salem, not exceeding the value of ten 
thousand dollars, and personal estate not exceeding 
the value of forty thousand dollars. 

Sec. 3. Be it further enacted, That the name 
of said Company shall be conspicuously affixed on 
all carriages which may be used by them; and if fd^Z&^gf*' 
said Company shall neglect to comply with this 
requirement they shall be liable to forfeit and pay 
ten dollars, for each and every day during which 
any of their said carriages may be employed in the 
transportation of passengers, without having their 
said name so affixed thereto ; which forfeiture may 
be sued for and recovered in any Court of compe- 
tent jurisdiction, by the person who shall first sue 
for the same, to his own use ; and said Company 
shall be responsible for all baggage or other pro- 
perty committed to them, their agents or drivers, 
to be conveyed on any of said routes or any part 
thereof. 

Sec. 4. Be it further enacted, That this Act 
may be amended or repealed at the pleasure of 
the Legislature. 

[Approved by the Governor, March 4, 1829.] 



CHAP. CXXXVII. 

An Act for the amendment of the Law relating to 
Real Actions. 

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 no writ of 
Right or writ of Entry, brought by any Minister, w^'t«noti'«"e<i 



218 



REAL ACTIONS. 



J\larch4,\829. 



Joint tenant. 



or other sole Corporation, on the seisin of his pre- 
decessor, shall be barred bj lapse ot time, provid- 
ed the same be brouirjit wilhin ten years after the 
death, resignation or removal of such j)redecessor. 

Skc. 2. Be it further enacted, 'liiat in writs 
of Entry on Intrusion, and in all other writs of En- 
try founded on the seisin of a remainder, or re- 
version, eitlier in the demandant himself, or in his 
ancestor or predecessor, it shall he sufficient to 
proYing of seisin, allege and prove such seisin of the remainder or 
reversion within thirty years next before the com- 
mencement of the action ; and the demandant shall 
not be required to allege or prove an actual seisin 
of the land within that time. 

Sec. '.i. Be it further enacted, That joint tenants, 
tenants in common and coparceners, when disseised, 
may all join, or any two or more of them may join 
in a suit for the recovery of their right of property, 
or of possession ; or either one may sue for his 
particular share thereof. 

Sec. 4. Be it further enacted, I'hat all Pleas 
which by the common law were pleadable to the 
writ or to the action of the writ, and which show 
that the action is misconceived, may be pleaded in 
bar, as well as in abatement ; but if the tenant pre- 
vails in any such plea in bar, he shall recover costs 
only from the time when the plea is filed ; and the 
Court may allow amendments of all such mistakes 
when the justice of the case shall appear to them to 
require it, and on such terms as they shall think fit, 
provided that such amendment shall not materially 
change the nature of the action, nor substitute a new 
cause of action. And on all pleas of non-tenure, dis- 
claimer, several tenancy, and sole tenancy, no costs 
shall be allowed to the party pleading the same, 
but such as shall accrue after the filing of the plea. 

Sec. f). Be it further enacted, That no action or 
writ of dower shall be maintained, unless a demand 
shall have been made for the assignment of the 
same upon the person who is tenant of the freehold 



Pleas, 4'c. 



Writ of Dower. 



SOCIAL LIBRARIES. March 4, IQ20. 219 

at the time of making thereof, at least one month 
previous to the commencement of such action. 

Sec. 6. Be it further enacted, That when judg- JSl?' '"' 
ment shall be rendered for the plaintiff in any ac- 
tion on the case for a nuisance, the Court may, on 
motion of the plaintiff, in addition to the common 
execution for dainag;es and costs, award and issue 
a warrant to t!ie Sheriff or his Deputy to abate 
and remove the nuisance at the expense of the 
defendant, in like manner as public and common 
nuisances arc; abated and removed. 

Sec. 7. Be it further enacted, That whenever a 
sjeneral action upon disseisin shall be brought by a ^p"";] 
mortgagee, his executors, administrators or assigns 
for the recovery of the mortgaged premises after 
condition broken, and the tenant pleading the 
mortgage shall pray that a conditional judgment 
may be rendered, the demandant, in case the action 
be not brought for the purpose of foreclosure, and 
such conditional judgment, if satisfied, would not 
be a satisfaction of the mortgage, may have judg- 
ment as at common law : Provided, hotvever, that 
nothing herein contained shall impair the right of ^"'^'"" 
the tenant to consider any Entry under such last 
mentioned judgment, an Entry for condition broken. 

[Approved by the Governor, March 4, 1820.] 



General action 
isseisin. 



CHAP. CXXXVIIL 

An Act in further addition to an Act entitled " an 
Act to enable Proprietors of Social Libraries to 
manage the same." 

Sec 1. Be 27 enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That any twenty 
29 



220 INTESTATE ESTATES. March 4, 1829. 

or more persons in any town or county within this 

Commonwealth, who shall, by writing, associate 

Tomr/ (^rporl- thcmselves for the purpose of mutual improvement 

*"'°* and for raising the standard of common education, 

may become a body politic, by the name of the 

Lyceum of the town of , or the county of 

, (as the case may be,) by observing and 

pursuing the provisions of the Act to which this is 
in addition, in regard to forming Proprietors of 
Libraries into bodies politic, and being so form- 
ed shall be entitled to all the powers and capa- 
bilities to which the Proprietors of said Libraries 
are entitled by that Act, and such Lyceum shall 
have the further power to possess and hold to 
them, their successors, and assigns, real and per- 
B,tot«. sonal estate not exceeding ten thousand dollars. 

Sec. 2. Be it further enacted, That this Act 
may be altered or repealed, at the pleasure of the 
Legislature. 

[Approved by the Governor, March 4, 1829.] 



CHAP. CXXXIX. 

An Act in addition to an Act regulating the descent 
and distribution of Intestate Estates. 

J>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 this Act every illegitimate 
child shall be considered an heir at law of its mother 
and inherit as such when she shall die intestate ; 
and in case any such illegitimate child shall die in- 



GLOU. MINIS. FUND SOC. J\larck 4, 182^. 221 

testate without lawful heirs, and leaving a mother, 

such mother shall have the right of inheritance^ * 

and shall be taken and deemed the lawful heir of 

such child any law to the contrary notwithstanding.. 

[Approved by the Governor-^ March 4, 1820.] 



CHAP. CXL. 

An Act in addition to an Act entitled "An Act toe 
incorporate the Trustees of the Gloucester Min- 
isterial Fond Society." 

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 named in the Act to which this is in addition, 
and their successors, may apply such portion of the 
income of said fund annually, to the support of the 
Congregational Minister now settled, or who may 
be hereafter settled, in said Society, as in their 
judgment the interests and welfare of said Parish 
may require. And all such parts of said income 
not thus expended, shall be annually added to, and 
be considered part of the principal of said fund, 
any thing in the Act aforesaid to the contrary not- 
withstanding. 

[Approved by the Governor, March 4, 1829.] 



222 



FIRST PARISH, ROWLEY. March 4, 1829. 



CHAP. CXLI. 

An Act in addition to the several Acts establishing 
the First Parish in Rowley. 



Sec. 1. ISE it enacted by the Senate and House 
of Represejitaiives in General Court assembled, 
and by the authority of the same, That the First 
Parish in Rowley be, and they hereby are, autho- 
^^riBh to assess yj^ed and empowered to assess a tax on all the 
polls, within the territorial limits of the same, as 
heretofore by law established and known, and on 
all such estates, within said limits, together with 
such other estates, belonging to the inhabitants 
living within the same, as are liable by law to be 
taxed, for the support of public worship, for the 
express purpose only of enabling the inhabitants 
within the aforesaid limits, to enlarge their present 
burial ground, or purchase land for a new one, and 
for such other purposes as are necessarily connect- 
ed there \vith, for tfie use and the benefit of all the 
inhabitants living within said limits, and their suc- 
cessors forever ; and said First Parish in Rowley 
shall have power to receive and hold, by deed or 
otherwise, for the aforesaid purposes, so much real 
and personal estate as shall be found necessary to 
carry the purposes of this Act into effect. 

Sec. 2. Be it further enacted. That the Asses- 
sors of the said First Parish in Rowley shall have 
power, and it shall be their duty, to issue their 
warrant, on application often or more of the quah 
ified voters, residing within the aforesaid limits, to 
the Collector of said Parish, or such other person 
as they may appoint, requiring him to notify and 
warn a meeting of all the qualified voters residing 



Estate. 



Parish meeting. 



FIRST PARISH, ROWLEY. March A, 1829. 223 

within the aforesaid parish, to be held at such time 
and piace, and for such purposes, not inconsistent 
Avith this Act, as shall he set forth in said applica- 
tion ; the manner of warning such meeting shall be 
by posting up notifications at all the several places 
of public worship within the limits of said Parish, 
seven days at least before holding any meeting ; 
and it shall be the duty of the Clerk of said First 
Parish, to attend all meetings notified and warned 
as aforesaid, and to keep a true record of all their 
proceedings. And at any meeting dul}' convened 
for the purpose, a majority of the qualified voters 
present, may agree upon, raise and grant such sum 
or sums of money as they may tliink necessary for 
the aforesaid purposes, the better to carry the pro- 
visions of this Act into effect. 

Sec. 3. Be it further enacted, That it shall be 
the duty of the said Assessors to assess all such 
sum or sums of money granted as aforesaid, in due 
form of law, and commit the same to the Collector 
of the said First Parish, who shall have power to ^^««'^'»«"'- 
collect the same, and pay the same over, at such 
times as the Assessors shall appoint, to the Trea- 
surer of said First Parish, w^ho shall receive the 
same, subject to the order of said Assessors, drawn 
pursuant to this Act. And all the said officers as 
aforesaid are hereby vested with all the authority 
necessary for the full accomplishment of all the du- 
ties required by this Act. 

[Approved by the Governor, March 4, 1829.] 



224 POOR. March 4, 1829. 



CHAP. CXLII. 

An Act in addition to an Act providing for the 
Relief, Support, Employment and Removal of 
the Poor. 

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 the Notifi- 
Notifi ti cation and Answer, as directed in the twelfth Sec- 

ant, tion of the Act to which this is in addition, passed 

on the twenty-sixth day of February, in the year 
of our Lord one thousand seven hundred and 
ninety-four, may be sent by mail, and such notifica- 
tion or answer directed to the Overseers of the 
Poor of the City, Town or District intended to be 
notified or answered, (the postage being paid and 
endorsed thereon,) shall be deemed a legal and 
sufficient notice and answer, from and after the 
time when it is received in the Post Office of the 
Cit}-, Town or District to which it is directed, and 
in which the Overseers intended to be notified or 
answered, reside. 

Sec. 2. Be it further enacted. That the Over- 
seers of the Poor of any town in this Common- 
wealth, shall have the same power and authority 
severe" *' °^"' over persons who may be placed under their care, 
which Overseers or Masters of Workhouses have 
over persons committed thereto, by force of an Act 
passed on the tenth day of January, in the year of 
our Lord one thousand seven hundred and eighty- 
nine, entitled " An Act for erecting Workhouses 
for the reception and employment of the idle and 
indigent." 

Sec. 3. Be it further enacted, That any two or 
more towns in this Commonwealth shall have the 



TAXATION. J[Jarch 4, 1829. 225 

same power to erect, at their joint charge and for 
their common benefit, a House or Houses for the Jrert"Ho"se 
reception and employment of the Poor, as they now 
have by the Act mentioned in the second Section 
to erect a Workhouse. 

[Approved by the Governor, March 4, 1829.] 



jointly. 



Repeal, \Ci 



CHAP. CXLIIi. 

An Act in addition to the existing acts respecting 
Taxation. 

Sec. I. 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, so much of any Act regu- 
lating the assessment of Taxes as provides that 
sheep, and the machinery in Cotton, Woolen, and 
Linen manufactories shall be exempted from taxa- 
tion, be, and the same is hereby repealed, and all 
such sheep and machinery shall hereafter be as* 
sessed as other taxable property, and all wild or 
unimproved lands shall hereafter be assessed at six 
per centum instead of two per centum on the value 
thereof; Provided, also, that for all horses, neat 
cattle, sheep and swine, which shall be kept 
throughout the year within any City, Town or oth- 
er place, the owner thereof shall be taxed there- 
for, where said stock may be so kept. 

Sec 2. Be it further enacted. That the Presi- pe„on8noter. 
dent, Professors, Tutors, Librarians, and Students «">?' f'<"" '«• 



ProvUo. 



226 



TAXATION. 



March 4, 1829. 



Proviso. 



Proviso. 



Proviso, 



Assessors, 4'C. 



'Proviso. 



Bepeal. 



of Harvard, Williams, and Amheist Colleges, and 
of all other Theological, Medical, and l^iterary Insti- 
tions, Ministers of the Gospel, Preceptors of Acad- 
mies, and Latin Grammar School Masters, shall 
hereafter be assessed for their polls and estates in 
the same manner as the other citizens of this Com- 
monwealth, any thing in any existing Act regula- 
ting the assessment of Taxes lo tlie contrary not- 
withstanding : Provided, hotvever, that no tax shall 
be assessed on any Minister of the Gospel by the 
Parish or iteligious Society of which he is the set- 
tled minister: Provided^ also, that all minors liable 
to taxation by this Act shall be taxed in the cities, 
towns, districts or oth(T j»Iaces, where the parents, 
masters, or guardians, under whose immediate gov- 
ernment the said minors may be, may resitle, or if 
he have no parent, master or guardian within the 
State, such minor shall be personally taxed for his 
poll as though he were of full age : Provided, also^ 
that persons entitled to the income of any person- 
nl property lield by others in trust for them, shall 
be liable to be taxed for the capital or principal 
sum in the town where such persons resi le. 

Sec. 3. Be it further enacted. That the assessors 
of an}' City, Town, District or other place, in assess- 
ing taxes, shall assess one sixth part of the whole 
sum to be raised on the male polls over sixteen 
years of age in said City, Town, District or other 
place, as near as the same can be conveniently 
done: Provided, that the whole amount of poll 
taxes assessed in any one 3 ear on any individual, 
for any City, Town, and Countv purposes, high- 
way taxes excepted, shall not exceed the sum of 
one dollar and fift}" cents. 

Sec. 4. Be it further enacted, That so much of 
an Act passed February the twentieth in the year 
of our Lord one thousand seven hundred and eiglity 
six, entitled, " an Act for the choice and appoint- 
ment of assessors, and for assigning their powers 
and authority," as provides that the additional mux 



TAXATION. March 4, 1829. 227 

which assessors are authorized and empowered to 
assess over and above the precise sum committed 
to them to assess, shall in no case amount to more 
than the sum of Forty Pounds, be, and the same is 
hereby repealed. 

Sec. 5. Be it further enacted, That hereafter 
the form of the valuation list with the assessment 
therein shall be in substance as follows. — 



30 



228 



TAXATION. 



J\iarch 4, 1829. 



a ta o 
gen 



0) CI 



o « 








13 












ri 


V 














o 






^ 


^ 










H 






n3 
























•O 






^ 


> 




«! 


.; 




3 












H 


s» 







H 

o oi 

3 3 

W g 
C^ ^ 

_3 

» 

3 

1 

o 
c 
o 

S, 

i 
















u5 

H 

Q 
en 

«^ 
o 
*5 




» 


p 

o 

B 

.!<: 

t» 

•a 
o 

ca 

"S 

« 

<a 
04 











METH. RELI. SO. BOSTON. March 4, 1829. 

Sec. 6. Be it farther enacted, That hereafter the 
form of the tax list committed to the Collectors 
shall be in substance as follows. — 



Names. •? Poll Tax. 


Tax on Re 1 ^^^f^X 
al Estate. | P^^^^.^^. 


Total. 


Time when paid. 


A. B. 2 1^1 1 50 


^4|50 ^3|00|s9|00 





NON-RESIDENTS. 



Names. 


Places of abode, if known. 


Tax. 


CD. 




1|80 



[Approved by the Governor, March 4, 1829.] 



229 



CHAP. CXLIV. 



An Act in addition to an Act, entitled " An Act 
to incorporate the Trustees of the Methodist Re- 
ligious Society in Boston." 

Sec. 1. I3E it enacted by the Senate and House 
of Representatives in General Court assembled, 
and by the authority of the 5rt;^e,That so much of the 
Act, entitled " an Act to incorporate the Trustees of 
the Methodist Religious Society in Boston," as re- 
lates to the number of said Trustees, the number "^''^^' 
necessary to constitute a ciuorum to do business, 
and the right of the Minister of said Society to 
nominate persons to the office of trustee of said 
Society, be, and the same is hereby repealed. 

Sec. 2. Be it further enacted. That the number 
of said Trustees shall, at no time, exceed nine, all 
of whom shall be members of the said Society and 
inhabitants of said Boston, and not less than five 
of the said Trustees shall constitute a quorum for 



Number of Trus 
tees, SfC. 



230 ALE, BEER AND CIDER. March 4, 1829. 

the transaction of business ; and whenever there 
shall occur any vacancy in the said board of Trus- 
tees, by reason of death, resignation, removal from 
office or otherwise, the Secretary, for the time be- 
ing, shall notify and call a meeting of the owners 
. . of pews in said Society's Meeting-house, who shall 

Vacancies, &c. t^ , • -i i Fi • u f 

How filled. nommate some suitable persons (bemg members oi 
said Society and inhabitants of said Boston,) and 
from such nominations the remaining trustees shall 
proceed to elect by a majority of votes a person to 
suppl}^ such vacancy. 

Sec. 3. Be it further enacted, That this act may 
be amended or repealed at the pleasure of the 
Legislature. 

[Approved by the Governor, March 4, 1829.] 



CHAP. CXLV. 

An Act in addition to an Act to prevent fraud in 
the sale of Ale, Beer and Cider. 

xJE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That so much of 
an act entitled " An Act to prevent fraud in the 
sale of Ale, Beer and Cider," as provides that the 
same shall take effect from and after the first day 
of April next, be, and the same is hereby repeal- 
ed ; and that the said act shall take effect from and 
after the first day of October next, and not sooner. 

[Approved by the Governor, March 4, 1829.J 



LAWS 



COMMONWEALTH OF MASSACHUSETTS, 

PASSED BY THE GENERAL COURT, 



AT THEIR BESSIOK, WHICH COMMENCFD ON WEDNKSDAT, THE TWENTY 

SEVENTH OF MAY, AND ENDED ON FRIDAY, THE TWELFTH OF JUNE, 

ONK THOUSAND EIGHT HUNDRED AND TWENTY-NINE. 



CHAP. I. 

An Act in addition to an Act entitled an Act for 
establishing an Academy in the Town of Deer- 
field, by the name of the Deerfield Academy. 

-OE 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 number of the Trustees J^^eb^ &c.* 
of said Academy shall be thirteen, and that the 
corporation thereof, as now constituted, is hereby )^^ " 
authorized to fill up the Board in the same manner 
as vacancies are now filled, any thing in the Act / a o' 

to which this is in addition to the contrary not- ]\ H / tjo 
withstanding. ^ 

[Approved by the Governor, June 9, 1829.] 



Number of Trus- 



234 



PILOTAGE IN BOSTON. June 11, 1829. 



CHAP. II. 



An Act to regulate 



the Pilotage for the Harbour 
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 from and after 
Penally for Pilot- the first dav of Julv ncxt, no person or persons 
mission. shall undertake to pilot any vessels, (lishing ves- 

sels, vessels bound to or coming from any port 
within the Commonwealth, all vessels sailing under 
a coasting license, under two hundred tons bur- 
den, and all American vessels engaged in the plas- 
ter trade bound from any port within the Province 
of New Brunswick, or Nova Scotia, excepted,) into 
or out of the Harbour of Boston, without first hav- 
ing obtained a Commission or Branch, as is herein- 
after provided, under the penalty of fifty dollars for 
each offence, to be recovered by an action of debt, 
in any Court competent to try the same, one moie- 
ty for the benefit of the person or persons com- 
plaining of the same, the other moiety for the ben- 
efit of the Commonwealth. 

Sec. 2. Be it further enacted, That to such per- 
How nppoinipc!. sons as, froui time to time, may obtain from the 
" Trustees of the Boston Marine Society," a Cer- 
tificate, duly signed by the President and Secretary 
of said Society, certifying that in their opinion 
such persons are duly qualified to undertake the 
business of the outward and inward pilotage of said 
Harbour of Boston, the Governor, with the advice 
of Council, may grant Commissions or Branches 
during pleasure, authorizing such persons respec- 
tively and severally to exercise the business of 
Pilots for said Harbour of Boston, and to em- 
ploy such deputies as they may deem necessary. 

Sec. 3. Beit further enacted. That the Governor, 
with the advice of Council, mav, from time to time, 



PILOTAGE IN BOSTON. June 11, 1829. 235 

increase or diminish the number of Branch Pilots Governor-may 
for the harbour of ^Boston, by granting additional mhiiTm°mber 
Commissions or Branches/'or.by annulling those al- "' i^ranch Pilots. 
ready granted, or by granting Commissions or 
Branches, with special limitations and restrictions, 
as the case may require, on the recommendation 
of the Trustees of the Boston Marine Society: and 
.said Trustees are hereby authorized and empower- 
ed, from time to time, by votes duly passed at their 
regular meetings, to record, to ordain and establish 
such rules and regulations for fixing the duties to 
be performed by said Branch Pilots, with penalties 
for the non-performance or mal-performance there- 
of, the amount of fees by said pilots to be charged 
and received, the form of their Commissions or 
Branches, and of the oath of office, and the form 
and amountof the bonds severally securing the faith- 
ful performance by said Pilots, and by their respec- 
tive deputies, of their duties aforesaid ; and in gen- 
eral to establish and ordain all such rules and reg- 
ulations, for the government of the Pilots and of 
the Pilotage into and out of the harbour of Boston, 
as said Trustees may deem necessary or expedient, 
and the same to alter, annul, and repeal ; and the 
same shall be of as full force and effect as if herein 
specially enacted, any thing in any former Acts 
notwithstanding. Provided however, that such Proviso. 
rules and reijulations shall not take effect until the 
same shall be approved by the Governor, with the I 

advice of Council, after a due hearing of the par- 
ties interested by petition or remonstrance. 

Sec. 4. Be it further enacted, That in case no in what case a 
Boston Branch Pilot shall offer his services to the il'owu'"vessei.''* 
master of a vessel bound into Boston Harbour, be- 
fore such vessel shall have passed a line drawn 
form " Harding's Rocks," to the " outer Graves," 
and from thence to " Nahant Head," such master 
shall be at liberty to pilot his'own vessel, or to em- 
ploy any other person to pilot his vessel into Bos- 
ton Harbour, without incurring the penalties of 
this act. 



236 MARBLEHEAD F. DEPART. June 11, 1829. 

^^P^^'- Sec. 5. Be it further enacted, That all acts, or 

parts of acts, inconsistent with, or contravening 
any of the provisions of this act, be and the same 
hereby are repealed, from and after the approval 
by the Governor, with the advice of Council, of the 
rules and regulations herein before authorized, to 
be ordained and established by the Trustees of the 
Boston Marine Society. 

[Approved by the Governor, June 11, 1829.] 



CHAP. III. 

An Act to establish a Fire Department in the Town 
of Marblehead. 

Sec. 1. JoE it enacted by the Senate and House 

of Representatives in General Court assembled, and 

Town shall by the authority of the same, That the Inhabitants of 

chooseFirevvards ^^^^ rj,^^^^^ ^^ Marblehead, at their annual meeting 

in March or April, for the choice of town officers, 
shall choose nine persons by ballot for Firewards. 
Powers and du- ^Ec. 2. Bc it further enacted, That the Fire- 
lies of Firewards wards of Said Town, for the time being, and those 
who shall hereafter be chosen as aforesaid, be, and 
they are hereby authorized and required, to exer- 
cise all the powers, and to perform all the duties, 
in relation to the nomination and appointment of 
Enginemen, which the Selectmen of said Town have 
been heretofore authorized and required to exercise 
and perform ; and Enginemen, appointed by said 
Firewards, shall be subject to the same duties, and 
entitled to the same privileges and exemptions, as 
Enginemen heretofore appointed by the said Select- 
men. 
Fire wards may ^Ec. 3. Bc it further cnactcd, That the said Fire- 
appo ini Engine- wards bc, aud thcy are hereby authorized, if they 



men. 



MARBLEHEAD F. DEPART. June 11, 1829. 237 

shall judge it expedient, to nominate and appoint 
any number of Enginemen, in addition to the num- 
ber now authorized by law, not exceeding, in the 
whole, forty two men to each and every Hydraulion 
or Suction Engine, twenty-five men to each and 
every common Engine, four men to each Hose 
Carriage, twenty men to each Sail Carriage, twen- 
ty men to be employed as a Hook and Ladder 
Company : Provided, that no one shall be appoint- 
ed and nominated as aforesaid who is a seafaring 
man ; — ^and the said Enginemen are authorized to 
organize themselves into distinct companies, under 
the direction of the Firewards, to elect Captains, 
Clerks and other officers, to establish such rules 
and regulations as may be approved by the Fire- 
wards, and to annex penalties to the same, which 
may be recovered by the Clerk of any Company 
so organized, before any Justice of the Peace in the 
County of Essex ; Provided, that no penalty shall ex- I'roviso. 
ceed the sum of ten dollars, and that such rules and 
regulations shall not be repugnant to the Constitu- 
tion and laws of this Commonwealth. 

Sec. 4. Be it further enacted, That the said Fire- Firewards to 
wards shall have the care and superintendance of pumps^'cisterns, 
the public Pumps and Cisterns, and also of the pub- ^"S'ncs, Hos*, 
lie Engines, Hose and Sail Carriages, Fire Hooks 
and Ladders, together with the fixtures and appen- 
dages thereto belonging, and shall cause the same 
to be kept in good repair, and may, from time to 
time, make such alterations and improvements as 
they shall deem expedient. 

Sec. 5. Be it further enacted, That if any person Ym^s and p nai- 
shall, within the said Town of Marblehead, wanton- ^'es. 
ly and maliciously spoil, break, injure, damage or 
render useless any public Pump or Cistern, or any 
Engine, Hose Carriage or Sail Carriage, or any fix- 
ture, or appendage, thereto belonging, and shall be 
convicted thereof, before the Supreme Judicial 
Court, he shall be punished by a fine, not exceed- 
ing five hundred dollars, or by imprisonment not 
exceeding five years, at the discretion of the Court, 



238 MEDFORD H. & L. MEN. June 11, 1829. 

and be further ordered to recognize, with sufRcicnt 
surety or sureties, for his good behaviour for such 
term as the Court shall order. 

[Approved by the Governor, June 11, 1829.] 



CHAP. IV. 

An Act authorizing the Selectmen of Medford to 
appoint a Company of Hook and Ladder men. 

-OE it enacted by the Senate and Hoitse 
of Representatives in General Court assembled, and 
Selectmen may % tlie ttuthority oj tJw savie, That the Selectmen of 
SeiAi"'"'' the Town of Medford, in the County of Middlesex, 
be, and they hereby are authorized and empower- 
ed, to appoint a Company of Hook and Ladder-men, 
consisting of not more than fifteen, whose duty 
it shall be, under the direction of the Firewards in 
said Town, to attend fires therein, with fire-hooks, 
fire sails and ladders, and to be subject to such 
further duties, and organized and provided in such 
manner, as the said Selectmen shall, from time to 
time, direct : and all persons appointed to said 
Company, pursuant to the foregoing provisions, 
shall continue in Office during the pleasure of said 
Selectmen, and be entitled to all the privileges 
and exemptions to which Enginemen now are, or 
may hereafter be by law entitled. 

[Approved by the Governor, June 11, 1829.] 



ESSEX MUT. FIRE INS. CO. June 11, 1829. 239 



CHAP. V. 

An Act empowering the Selectmen of the Town of 
Lynn to appomt a number of Hosemen. 

13 E it enacted hy the Sfnate and House 
of Representatives in General Court assembled^ and 
by the authority of the same, That the Selectmen of Selectmen may 
the Town of Lynn, for the time being, are hereby fZ!'"'""'" 
authorized and empowered to appoint certain 
Hosemen, not exceeding eight in number, whose 
duty it shall be to have the charge and management 
of the Hose belonging to the town of Lynn, under 
the direction of the Firewards of said Town : which 
Hosemen shall be exempted from the performance 
of all such military and other public duties, as the 
Enginemen of the said Town are now by law ex- 
empted from the performance of. 

[Approved by the Governor, June 11, 1829.] 



CHAP. VI. 

An Act to incorporate the Essex Mutual Fire In- 
surance 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 George S. Johon- Persons incarpo- 
not, Samuel Putnam, Phillip Chase, Ebenezer "^^ ^ " 
Seccomb, Abijah Chase, Jonathan Webb, and their 
associates, successors, and assigns, are hereby con- 
stituted a body politic and corporate, by the name 
of the Essex Mutual Fire Insurance Company, with 
powers and privileges incident to such Corpora- 
tions, for the term of twenty eight years, 
32 



240 ESSEX MUT. FIRE INS. CO. June 11, 1829. 

Sec. 2. Be it further enacted^ Thai when the sum 
subscribed to be itisured, shall amount to one hun- 
dred thousand dollars, said Corporation may insure, 
for the term of from one to seven years, any build- 
ings, goods, or moveables whatsoever, to any amount 
not exceeding three quarters of the value of the 
property insured. 

Sec. 3. Be it further enacted^ That said Corpo- 
S &c!""'°'^" ration may choose such officers and establish such 
by-laws as they may deem necessary, not repug- 
nant to the constitution and laws of this Common- 
wealth ; and each member shall have as many votes 
as he has policies, and may vote by proxy. 

Sec. 4. Be it further enacted, That the funds of 

Funds to be vest- gaid corooratiou shall be vested in stocks, or loan- 
ed m stocks, or T I . 1 T>W 1 1 1 II 

loaned. ed ou sccurity, as the Directors may order, and shall 

be appropriated, first, to pay the expenses of the 
Corporation, and next, to pay the damages which 
any member may be entitled to recover on his poli- 
cy. In case any member shall have a just claim 
upon the Corporation exceeding the amount of their 
then existing funds, the Directors shall, without 
delay, assess such sum as may be necessary on the 
members, in proportion to the amount of their pre- 
miums and deposits for seven years, butnottoexceed 
triple the amount of such premiums and deposits. 

Sec. 5. Be it jurther enacted, That whenever 
any member shall recover judgment against said 
Corporation, he may levy his execution on their 
estate or funds : but if sufficient estate or funds 
cannot be found, he may levy the same on the pri- 
of 'SeaorTrid-^ vate property of any of the Directors : provided 
^^^' they first refuse or neglect, for the space of sixty 

days, to satisfy the execution, after formal demand 
made on them for that purpose ; and any Director, 
whose property may be thus taken, may sustain an 
action of the case against the Corporation, to re- 
cover full and adequate damages therefor. 

Sec. 6. Be it further enacted, That each policy 

May create a of iusuraucc shall, of itsclf, without any other 

''^"* ,, ceremony, create a lien on any building insured 

and on the land under it, for the payment of the 



ESSEX MUX. FIRE INS. CO. June 11, 1829. 241 

premium stipulated in said policy, and of all 
assessments lawfully made by virtue thereof, 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 on 
the property insured, the Treasurer shall demand Je.^andp'ay-^^^ 
payment of the insured or his legal representa- mem, &c. 
tive, and likewise of the tenant in possession : 
and in case of non-payment, the Corporation 
may sustain an action for any sum due, either on 
the deposit note, or by assessment, and their exe- 
cution may be levied on the premises insured, and 
the officer making the levy may sell the whole or 
any part of the estate at auction, giving notice and 
proceeding in the same manner as is required in the 
sale of equities of redemption on execution, and 
the owner shall have a right to redeem the estate 
by paying the cost of sale, the amount of the exe- 
ecution and twelve per cent, interest thereon, with- 
in one year from such sale. 

Sec. 8. Be it further enacted, That this Corpo- 
ration shall be liable to be taxed, by any general Ljabietobe 
law of this Commonwealth taxing other similar in- la^^ed. 
stitutions ; and any member named in this act may 
call the first meeting, by advertising the same in 
any newspaper printed in Salem. 

[Approved by the Governor, June 11, 1829.] 



242 SAXON C. S^ W. FACTORY. June 11, 1829- 



CHAP. VII. 

An Act in addition to an Act entitled "An Act to 
establish the Central Turnpike Corporation." 

B E it enacted by the Senate and House 
of Representatives in General Court assembled^ and by 
the authority of the same, That the said Central 
Allowed further Tumpiko Corporation shall be allowed a further 
Tunipike?"'' °'^ time, uutil the first day of October next, to complete 
their Turnpike Road ; and they shall retain all 
their rights and privileges, and be subject to all du- 
ties and liabilities, in the same manner as if said 
road were completed within five years from the 
passing of the Act to which this is in addition. 

[Approved by the Governor, June 11, 1829.] 



CHAP. Vlli. 

An Act to incorporate the Saxon Cotton and Wool- 
len Factory. 



Sec. 1. -tSE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Joseph Head, 
S"' '"''°'^°* Henry Gardner, Edward Miller, and Henry H. 
Jones, with such others as have already associated, 
or may hereafter associate with them, their succes- 
sors and assigns, be, and they are hereby made a 
Corporation, by the name of the Saxon Cotton and 
Woollen Factory, for the purpose of manufacturing 
Cotton and Woollen Goods in the Town of Fra- 
mingham, in the County of Middlesex, and for those 
purposes shall have all the powers and privileges. 



CANTON MANUFAC. CO. June 11,1 829. 243 

and be liable to all the duties and requirements 
contained in an Act entitled "An Act, defining the 
general powers and duties of Manufacturing Cor- 
porations," passed the third day of March in the 
year of our Lord one thousand eight hundred and 
nine, and the several acts in addition thereto. 

Sec. 2. Be it further enacted, That said Corpo- May bold real 

iirir 'J J jr u and personal cs- 

ration may be lawfully seized and possessed of such tate. 
real estate, not exceeding in value one hundred 
thousand dollars, and personal estate not exceeding 
two hundred thousand dollars, as may be conven- 
ient and necessary for the purpose aforesaid. 

[Approved by the Governor, June 11, 1829.] 



CHAP. IX. 

An Act to incorporate the Canton Manufacturing 
Company. 

Sec. 1. _oE it enacted by the Senate and House 
of Representatives m General Court assembled, and 
by the authority of the same, That Benjamin C. Persons incorpo- 
Ward, Benjamin Guild and Samuel Snelling, Jun- *^^'^''' 
ior, together with such others, as now have, or 
may hereafter associate with them, their successors 
and assigns, be, and they are hereby made a Cor- 
j3oration, by the name of the Canton Manufactur- Name. 
ing Company, for the purpose of manufacturing 
cotton and woollen yarn and cloth, in the Town of 
Canton in the County of Norfolk, and for this pur- 
pose shall have all the powers and privileges, and 
shall be subject to all the duties and requirements, 
prescribed and contained in an act passed the third 
day of March in the year of our Lord one thousand 
eight hundred and nine, entitled "An Act defining 
the general powers and duties of Manufacturing 
Corporations," and the several acts in addition 
thereto. 



S44 GRAND JURORS IN BRISTOL. June 11, 1829. 

fnYpersonaUs- ^^^* ^' ^^ ^^ further eTittcted, That the said 
tate. Canton Manufacturing Company, in their corpo- 

rate capacity, may lawfully hold and possess such 
real and personal estate, as may be necessary and 
convenient for carrying on the said Manufactures ; 
Provided, the value of such real estate shall not ex- 
ceed two hundred and fifty thousand dollars, and 
the value of such personal estate shall not exceed 
two hundred and fifty thousand dollars. 

[Approved by the Governor, June 11, 1829.] 



CHAP. X. 

An Act regulating the service of Grand Jurors in 
the County of Bristol. 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 

SrvelbrT^*^ ^V ^'^^ aiitJioritij of the same, That the Grand Jurors, 
who shall be returned to serve at the Court of Com- 
mon Pleas in the County of Bristol, may be requir- 
ed to serve at every term of said Court throughout 
the year, and until another Grand Jury shall be im- 
pannelled in their stead, at such times as the Court 
of Common Pleas may direct. 

Sec. 2. Be it further enacted, That so much of 

Repeal. the fourth section of "An Act regulating the selec- 

tions, the impannelling, and the services of Grand 
Jurors, and repealing such laws or clauses of laws 
touching these subjects, so far as they are provided 
for by this act," passed on the twelfth day of March, 
in the year of our Lord one thousand eight hundred 
and eight, as relates to the times of service of 
Grand Jurors in the County of Bristol, be, and the 
same hereby is repealed. 

[Approved by the Governor, June 11, 1829.] 



NORTHFIELD ACADEMY. June 11, 1829. 245 



CHAP. XI. 

An Act to incorporate the Proprietors of the 
Northfield Academy of Useful Knowledge. 

Sec. 1. Be it enacted by the Senate and House 
of Representatives in General Court asseinhled^ and 
by the authority of the same, That Samuel C. Allen, p^^^^^^ \acQr^o 
William Pomeroy, Jabez Parsons, Daniel L. Cal- raied 
lender, Timothy B. Dutton, and Thomas D. Doake, 
with their associates, successors and assigns, be, 
and they hereby are made a body politic and cor- 
porate, by the name of the Proprietors of the North- ^^^^ 
field Academy of Useful Knowledge, in the Town 
of Northfield, in the County of Franklin, for the 
purpose of giving instruction in the Mathematical, 
Physical and Mechanical Sciences, and in their ap- 
plications to the business and arts of life, and in 
such languages and literature as may be thought 
expedient; and the said Corporation shall have 
power, from time to time, to choose a Clerk, Treas- I'o^e", <fcc. 
urer, and such other officers as they may judge ne- 
cessary, may have a common seal, which they may al- 
ter or renew at their pleasure, may make contracts, 
sue and be sued, in all actions, and prosecute and 
defend the same to final judgment and execution, 
and may make and establish any by laws, rules and 
regulations, for the government of their affairs, for 
the division of their property into shares, and for 
the sale and transfer thereof: Provided, the same 
are not repugnant to the constitution and laws of 
this Commonwealth. 

Sec. 2. Be it further enacted, That said Corpo- ^ay hold real 
ration nmy lawfully hold and possess such real and and personal ei- 
personal estate, not exceeding in value fifty thou- 
sand dollars, as may be necessary and convenient 
for the purposes aforesaid. 

Sec. 3. Beit further enacted, That the said Cor- May lay assesa- 
poration may, from time to time, at any legal meet- ^^^^' 



246 



NORTHFIELD ACADEMY 



Jime 11, 1829. 



Shares of delin- 
quents may be 
sold. 



First meetins 



ing called for that purpose, assess upon each share 
in the capital stock, such sum or sums of money, 
as they may judge expedient for the objects of the 
Corporation, and defraying the expenses thereof, 
to be paid to the Treasurer, at such times as they 
may direct ; and if any proprietor shall neglect to 
pay any such assessment for the space of fifteen 
days after such time of payment, it shall be lawful 
for the Treasurer to sell, at public vendue, such part 
of the shares of such delinquent proprietor as may 
be sufficient to pay such assessments with inciden- 
tal charges, giving notice of the time and place of 
sale, and the sum due on each share, by posting up 
notice thereof in the Town of Northfield, thirty 
days at least before the day of the sale thereof, 
and by publishing the same three weeks succes- 
sively before the day of sale, in some newspaper 
printed in the said County of Franklin ; and such sale 
shall be a legal transfer of the share or shares so 
sold to the purchaser as aforesaid. 

Sec. 4. Be it further enacted, That any one of 
the persons named in this act may call the first 
meeting of said Corporation, by giving personal 
notice of the time and place of meeting, to each of 
the persons named herein, ten days before the time 
of such meeting. 

Sec. 5. Be it further enacted, That the Legisla- 
ture may at any time alter or repeal this act. 



[Approved by the Governor, June 11, 1829»1 



PROVIDENCE & B. TURNP. June 11, 1829. 247 



CHAP. XII. 

An Act to incorporate the Providence and Bristol 
Turnpike Corporation. 

Sec. I. J3e it enacted hy the Senate and House 
of Representatives in Gerieral Court assembled^ and 
by the authority oj the same, That Mason Barney, persons incorpo- 
Janies Foster, Asa Armington, Jabez Bullock, Jo- '^^'®''- 
siah Medbury, their associates, and such as may 
hereafter associate with them, their successors and 
assigns, shall be a Corporation, by the name of the 
Providence and Bristol Turnpike Corporation, for ^^^^ 
the purpose of making a Turnpike road, from the 
westerly part of the Town of Scekonk (near Wash- 
ington Bridge in Providence, Rhode Island) to the 
southeasterly part of said Seekonk, in the County 
of Bristol, in the most direct and convenient way, 
as a locating Committee shall think will best accom- 
modate the public ; and for this purpose shall have 
all the powers and priviletjes, and be subject to all P.°^«rs and pn- 
the duties, requirements and penalties contained in 
"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 several acts in ad- 
dition thereto. 

Sec. 2. Be it further ewfldef?. That any two of First meeting, 
the persons named in the first section of this Act 
are authorized to call the first meeting of the said 
Corporation. 

Sec. 3. Be it further enacted, That said Corpo- May erect toji 
ration shall erect one gate upon said Turnpike road, ^^'*' 
within the limits of the Commonwealth of Massa- 
chusetts, at which half the rates of toll established 
by said act, defining the general powers and duties 
of Turnpike Corporations, shall be taken. 

[Approved by the Governor, June 11, 1829.] 
33 



248 LAND IN ATHOL. June 11, 1829. 



CHAP. Xlll. 

An Act to confirm a certain tract of Land to the 
Town of Athol and the County of Worcester. 

-OE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That the following de- 
Tractofiand scribod tract of land, W'ith the inhabitants thereon, 
Athor^*^"* be confirmed to, and considered a part of the Town 
of Athol in the County of Worcester, to wit, begin- 
ning at a heap of stones at the south east corner 
thereof, on the west line of said Town of Athol, as 
- originally laid out, being a north east corner of 
the Town of New Salem, thence westerly, about 
two hundred and fifty rods, to a stake and stones 
near Branch brook, so called, being the south west 
corner of land lately owned by Thomas Fairbank, 
thence northerly on the west line of said Fairbank 
land, and land now owned by Ephraim Fairbank, 
about three hundred rods to Miller's River, thence 
easterly, up said river, about two hundred and fifty 
rods to the original line of Athol, thence south, four 
degrees east, about three hundred rods to the first 
mentioned corner. And said inhabitants are here- 
by confirmed and established, as inhabitants of said 
town of Athol and County of Worcester, with all 
the rights and privileges thereof. 

[Approved by the Governor, June 11, 1829.] 



MASS. MUX. FIRE INS. CO. June 11, 1829. 249 



CHAP. XIV. 

An Act in further addition to An Act incorporating 
the Massachusetts Mutual Fire Insurance Com- 
pany. 

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 members of ^^'^y d'oose di- 
the said Corporation, at their annual meeting, shall '^^*^'"^** 
choose any number of Directors, not less than nine, 
two thirds of whom at the least shall be residents 
and inhabitants of the City of Boston, and the Di- 
rectors shall elect one of their number to be the 
President of the said Corporation, and shall appoint 
some suitable person, not a Director, to be the 
Secretary thereof. The members of the Corpora- 
tion shall provide for the election or appointment of 
any other officers or servants that they deem nec- 
essary. And in case the number of the Directors 
shall be reduced below nine, by death, resignation 
or otherwise, meetings of the Corporation may, at 
the discretion of the Directors, be called, at such 
times and places, as they shall order, for the choice of May m vacan- 
persons to supply vacancies, and at all such meet- *^'^'" 
ings, twenty members of the Corporation shall be 
a quorum for the transaction of business. 

Sec. 2. Be it further enacted, That such a pro- Funds to be in- 
portion of the funds of the Corporation as the Di- seclfredVmor'i- 
rectors may order, not exceeding one third of their s^s^. 
personal property, may be invested by the Direc- 
tors in notes of hand secured by mortgage of real 
estate. 

Sec. 3. Be it further enacted, That so much of Repeal. 
the Act passed March, in the year of our Lord one 
thousand seven hundred and ninety eight, to which 
this is in addition, or of any subsequent Act, as 
provides for the choice of President, Directors and 



250 PROVINCETOWN F. &M. I. CO. June 12, 1829. 

Treasurer, and whatever else in said Act is incon- 
sistent with this Act, be and the same hereby is re- 
pealed. 

[Approved by the Governor June 11, 1829.] 



Persons incoq>o- 
rated. 



Name. 



Powers, &c. 



CHAP. XV. 

An Act to incorporate the Provincetown Fire and 
Marine Insurance 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 Simeon Conant, 
Jonathan Nickerson, Silas Atkins, Josiah Snow, 
Ephraim Cook, Jonathan Cook jr., Elisha Young, 
Charles A. Brown, Thomas Nickerson, John Adams, 
and Godfrey Ryder, with their associates, succes- 
sors and assigns, be and they are hereby incorpo- 
rated, by the name of the Provincetown Fire and 
Marine Insurance Company, with all the powers 
and privileges, and subject to all the restrictions, 
duties and obligations, contained in a law of this 
Commonwealth, entitled "An Act to define the 
powers, duties and restrictions of Insurance Com- 
panies," passed on the sixteenth day of February, 
in the year of our Lord one thousand eight hun- 
dred and eighteen, and in a law of this Common- 
wealth, entitled, "An Act authorizing the several 
Insurance Companies of this Commonwealth to in- 
sure against fire," passed on the twenty first day of 
February, in the year of our Lord one thousand 
eight hundred and twenty, for and during the term 
of twenty years after the passing of this Act, and 
by that name may sue and be sued, plead and be 
impleaded, appear, prosecute and defend to final 
judgment and execution, and may have a common 
seal, which they may alter at pleasure, and may 



PROVINCETOVVNF. &M. I. CO. June 12, 1829. 251 

purchase, hold and convey any estate real or per- e^^Ie'!"''' ""'' 
sonal, for the use of said Company : Provided^ they 
shall not hold real estate exceeding the value of 
twelve thousand dollars, excepting such as may be 
taken for debt, or held as collateral security for 
money due to said Company. 

Sec. 2. Be it further enacted, That the capital 
Stock of said Company, exclusive of premium caphai stock, 
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, ji^jj^ji^^ 
of which shall be paid m money by each and every shares. 
subscriber on the amount of his subscription, within 
ninety days after the first meeting of said company, 
and the residue shall, within twelve months from 
the passing of this act, be secured by a deposit of 
stock of some Bank within this Commonwealth, 
or shall be paid in money in such sum or sums and 
at such time or tim.es (the last payment not to ex- 
ceed twelve months from the passing of this Act) 
and under such penalties, as the said President 
and Directors shall, in their discretion, direct and 
appoint. 

Sec. 3. Be it further enacted, That the stock, stock, &c. to be 
property, affairs and concerns of said Company dire"cio« ^^ "'"* 
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 oth- 
ers are chosen, and who shall, at the time of their 
election, be Stockholders in said Company, and 
citizens of this Commonwealth, and shall be elect- 
ed on the first Monday of January, annually, at such 
time and place in Provincetown as the Directors 
for the time being shall direct, of which election 
public notice shall be given, in any newspaper 
printed in the County of Barnstable, or any newspa- 
per printed in the City of Boston, ten days at least 
previous to the meeting ; and the election shall be , 

made by ballots, by a majority of the votes of the 
Stockholders present, allowing one vote to each share 
in the capital stock : Provided, that no Stockholder 
shall have more than ten votes, and absent Stock- 



Shall choose a 
President. 



252 PROVINCETOWN F. &M. I. CO. June 12, 1829. 

holders may vote by proxy, under such regulations 
as the said Company may prescribe, and, if by any 
accident or mistake, the Directors should not be 
chosen on the said first Monday of January as 
aforesaid, it shall be lawful to choose them on any 
other day in manner herein provided. 

Sec. 4. Be it further etiacted, That the Directors, 
when chosen, shall meet as soon as may be after 
every election, and shall choose out of their body 
one person to be President, who shall be sworn or 
affirmed to the faithful performance of the duties 
of his office, and shall preside for one year ; and in 
case of the death, resignation or inability to serve, 
of the President or any Directors, such vacancy or 
vacancies may be filled, for the remainder of the 
year in which they may happen, by a special election 
for that purpose, to be notified and held, in the 
same manner as is herein before provided respect- 
ing annual elections of Directors. 

Sec. 5. Be it further enacted^ That the President 
President and aud four of thc Dircctors, or five of them in his 
boTrd competent abscncc, shall be a Board competent to the trans- 
to do business, actiou of busiucss, 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 eflfects 
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 they 
May appoint ^\^^\\ also havc powcr to appoint a Secretary, and 
Secretary, &c. gQ mauy clcrks, for carrying on the said business, 
and with such salaries and allowances to them and 
to their President, as to said Board shall seem 
meet : Provided, such by-laws and regulations shall 
not be repugnant to the constitution and laws of 
this Commonwealth. 

Sec. 6. Be it further enacted, That any five of the 



PROVINCETOWN F. &M. I. CO. June 12, 1829. 253 

persons named in this act, are hereby authorized First Meeting. 

to call a meeting of said Company, by advertising 

the same in any newspaper printed in the County 

of Barnstable, or the New England Palladium, 

printed in the City of Boston, fourteen days at least 

before the day on which the choice is to be made, 

for the purpose of electiner their first Board of Di- ^. . „ , 

, , ^^ • • rf -i i r- t» /r Election Of board 

rectors, who shall remam m oitice until the first Mon- of Directors, 
day of January next, and until others shall be elected 
in their stead : Provided however, that this Charter 
shall be void and of no effect unless put in opera- 
tion, agreeably to the terms of it, within one year 
from and after the passing of this act : and provided 
also, that said, company shall not take any risk or 
subscribe any policy, by virtue of this act, until one 
moiety ot the capital of said company shall have 
actually been paid in or secured in manner before 
provided. 

Sec. 7. Be it further enacted, That the said In- Location, 
surance Company shall be located and kept in the 
Town of Provincetown. 

Sec. 8. Be it further enacted. That said Insur- 
ance Company shall be hable to be taxed by a gen- ^jabie to be tax- 
eral law providing for the taxation of all similar 
corporations. 

Sec. 9. Be it further enacted, that the capital 
Stock of said Company shah not be sold or trans- capi»ai stock not 

^ '' to he Irflnsffirrcd 

ferred, but shall be holden by the original sub- (or one year. 
scribers thereto, for and during one year after this 
Charter shall be put in operation as aforesaid. 

[Approved by the Governor, June 12, 1829.] 



254 



CHANGE OF NAMES. 



June 12, 1829. 



Number of 
Watchmen. 



Rations. 



CHAP. XVI. 

An Act further providing for the Government and 
Regulation of the State Prison. 

Sec. 1 . JdE 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 time the new prison shall have been erected, 
the number of the watchmen employed at the 
State Prison shall be ten, any thing in the first 
section of the act to which this is in addition to 
the contrary notv/ithstanding. 

Sec. 2. Be it further enacted, That in addition to 
the articles composing the rations as provided in the 
fifteenth section of said act, there be allowed two 
quarts of Rye or Barley for every hundred rations, 
to be furnished to the convicts in a warm drink at 
their meals each morning and evening, and this 
beverage, and the beer now allowed by law, shall 
be distributed according to the occasion of the 
convict, at the discretion of the Warden. 

[Approved by the Governor, June 12, 1829.] 



CHAP. XVII. 

An Act to change the Names of the'several Persons 
therein mentioned. 



JdE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
Names changed. % ^^^ authority of the samc. That Benjamin Crosby 
Home, of Gloucester, may take the name of Ben- 
jamin Crosby Orne, that Platts Phillips, of Dan- 



CHANGE OF NAMES. June 12, 1829. ^bb 

vers, may take the name of Alonzo Platts Phillips ; Names changed, 
that Judith Dodge, of Danvers, may take the name 
of Julia Thercse Dodge, — all of the county of Essex; 
that Clarissa Maria Butterfield, a minor, of Lowell, 
may take the name of Maria Tyler ; that Charlotte 
Susannah Dodge, a minor, of Newton, may take 
the name of Charlotte Augusta Crehore, — all of 
the county of Middlesex; that Sterns Witt, of Ox- 
ford, may take the name of Sterns De Witt ; that 
Alexander C. Witt, of Oxford, may take the name 
of Alexander De AVitt ; that Mollis AVitt, of Leices- 
ter, may take the name of Hollis De Witt ; that 
Mary Walker Green, of Oakham, may take the 
name of Mary AValker Felton ; that Francis Merritt, 
of Lancaster, may take the name of Francis Mer- 
ritt Moore ; that George Ferguson, a minor, of 
Worcester, may take the name of George Fergu- 
son Butman ; that Joseph Morse, Jr. of Leominster, 
may take the name of Joseph George Morse ; that 
Samuel Brooks, 4th, of Ashhurnham, may take the 
name of Ira Brooks, — all of the county of W^orces- 
ter; that Harriet Andrews, of W^are, may take the 
name of Harriet Frances Andrews ; that James AVa- 
terman, of AVare, may take the name of James 
Henry AVaterman, — all of the county of Hampshire ; 
that Archibald C. Witt, of Franklin, in the coun- 
ty of Norfolk, may take the name of Archibald De 
AVitt ; that Lydia Damon, a minor, of Scituate, in the 
county of Plymouth, may take the name of Lydia 
Thomas Jones Damon. 

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, June 12, 1829.] 



34 



256 JUVENILE OFFENDERS. June 12, 1829. 



CHAP. XVIII. 

An Act in addition to an Act, entitled " An Act 
concerning Juvenile Offenders in the City o€ 
Boston." 

J3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That any party aggriev- 
pelKo'Muiiici'- ^*i ^y the sentence of the Police Court or any Jus- 
pai Court, tice thcreof, passed pursuant to the second section 
of an Act, entitled "An Act concerning Juvenile 
Offenders in the city of Boston," may appeal from 
such sentence, to the next Municipal Court in the 
said City, whose judgment shall be final, as in other 
cases of appeals from the judgment of Justices of 
the Peace, to the Courts of Common Pleas, in 
criminal cases; the party appealing recognizing, 
with sufficient surety or sureties, to the satisfaction 
of the Justice of the Police Court, by whom the 
sentence is passed, to enter and prosecute such 
appeal, and in the mean time to keep the peace, 
and be of good behaviour. 

[Approved by the Governor, June 12, 1829.] 



CHAP. XIX. 

An Act in addition to an Act, entitled " An Act 
making members of Mutual Fire Insurance Com- 
panies competent witnesses in certain cases." 

13 E it enacted by the Senate and House 

of Representatives in General Court assembled, and by 

Act not to ap- {fi^ uuthoritij of thc scimc. That the said Act shall 

not be applied to, or have any effect m, any suit or 



^ 



DANVERS MUT. F. INS. CO. June 12, 1829. 257 

action commenced or pending at the time of the 
passing thereof ; any thing in said act to the con- 
trary notwithstanding. 

[Approved by the Governor, June 12, 1829.] 



LTsons incorpo- 



CHAP. XX. 

An Act to incorporate ihc Danvers Mutual Fire 
Insurance Company. 

Sec. 1. oE it enacted hy the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Ebenezer Shilla- per 
ber, WilHani Sutton, Sylvester Osborn, Edward '^•^'*'''- 
Southwick, John W. Proctor, Henry Cook, Josepli 
G. Sprague, Amory Felton, Sylvester Osborn Ju- 
nior, Abner Sanger, Benjamin Goodridge, Jonathan 
Shove, Andrew Nichols, Benjamin Jacobs, Caleb 
L. Frost, Elijah Upton, Joseph Tufts Jr., Jonathan 
Dustin, Nathan Poor, Rufus Wyman, Stephen 
Upton, Oliver Saunders, Isaac Elliot, Caleb Smith, 
Robert S. Daniels, David Daniels, Lewis Allen, 
Kendall Osborn, Eben S. Upton, William W. Little, 
John Nutting, Joseph Shaw Junior, Amos Osborn 
Junior, John Page, Caleb Oakes, Nathaniel Put- 
nam, Samuel Preston, John Preston, Elias Putnam, 
and their associates, successors and assigns, are 
hereby constituted a body politic and corporate, 
by the name of the Danvers Mutual Fire Insurance Name. 
Company, with the powers and privileges incident 
to such Corporations, for the term of twenty eight ^°"^"' '^'^• 
years. 

Sec. 2. Be it further enacted, That when the sum ^i^y i„s.j,.e^ ^^^ 
subscribed to be insured shall amount to the sum of 
fifty thousand dollars, said Corporation may insure, 
for the term of from one to seven years, upon any 



258 DANVERS MUT. F. INS. CO. June 12, 1829, 

building, merchandize, goods or furniture, not ex- 
ceeding three quarters of the value of the property 
insured. 

Sec. 3. Be it further enacted, That said Corpo- 
^^^' iT*^ °''''' ration may choose such officers, and establish such 

cec^, Qtc. Ill 1 

by-laws as they may deem necessary, not repug- 
nant to the constitution and laws of this Common- 
wealth ; and each member, at any meeting of the 
Corporation, shall have as many votes as he has 
policies, and may vote by proxy. 

Sec. 4. Be it further enacted, That the funds of 

Funds to be vest- said Corporatiou shall be vested in stocks, or loan- 
ed IB Stocks, or , ' , . 1 T^ • I 

loaned. CO. on such sccunty as the Uu'ectors may order, 

and shall be appropriated, first, to pay the expenses 
of the Corporation, and next to pay the damages, 
which any member may be entitled to recover on 
his policy. In case any member shall have a just 
claim upon the Corporation, exceeding the amount 
of their then existing funds, the Directors shall, 
without delay, assess such sum as may be necessary, 
on the members, in proportion to the amount of 
their premiums and deposits for seven years, but 
not to exceed double the amount of such preiiiiums 
and deposits. 

Sec. 5. Be it further enacted, That whenever 

Private property , in • i . • i. • i 

of Directors lid- auy mcmbcr shall recover judgment agamst said 
^^' Corporation, he may levy his execution on their 

estate or funds, but if sufficient estate or funds 
cannot be found, he may levy the same on the pri- 
vate property of any one of the Directors, provided 
the board of Directors first refuse or neglect, for 
the space of sixty days, to satisfy the execution, 
after formal demand made on them for that pur- 
pose, and any Director, whose property may bo 
thus taken, may sustain an action of the case 
against the corporation, to recover full and ade- 
quate damages therefor. 

Sec. 6. Be it further enacted, That each policy 

May create of iusuraucc shall, of itsclf, without any other cer- 

'^"' emony, create a lien on any buildings insured, and 

on the land under the same, and also on any other 

property which may be insured, and this provision 



DANVERS MUT. F. INS. CO. June 12, 1829. 259 

shall not prevent the taking of other collateral se- 
curity. 

Sec. 7. Be it further enacted, That in case it Jji^and pay-*'^ 
shall become necessary to resort to the lien on the raent,&c. 
property insured, the Treasurer shall demand pay- 
ment of the insured or his legal representative, and 
likewise of the tenant in possession ; and in case 
of non-payment, the corporation may sustain an 
action for the sum due, either on the deposit note, 
or by assessment, and their execution may be levi- 
ed on the insured premises, and the officer makinaf „ . , ,. 

.11 11 ,1 1 1 f 1 ® Estate of delm- 

tne levy, may sell the whole or any part ot the es- quems may be 
tate at auction, giving notice and proceeding in ^'*^' 
the same manner as is required in the sale of equi- 
ties of redemption on execution ; and the owner 
shall have a right to redeem the estate, by paying 
the costs of sale, the amount of the execution, and 
twelve per cent, interest thereon, within one year 
from said sale. 

Sec. 8. Be it further enacted, T\\dX this Corpo- Liable to be 
ration shall be liable to be taxed by any general '^"'^• 
law of this Commonwealth, taxing other simi- 
lar institutions ; and any two or more of the seven 
persons first named in this act, may call the first 
meeting of said Corporation, by advertising the 
same in any one or more of the newspapers printed 
in Salem in said County of Essex. 

[Approved by the Governor, June 12, 1829.] 



260 



CHARLESTOWN F. DEP. 



June 12, 1829. 



CHAP. XXI. 



An Act to establish a Fire Department 
Town of Charlestovvn. 



in 



the 



Selttctmen majr 
appoint Engi- 
neers, «kc. 



To give certifl- 



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 Fire Depart- 
ment of the Town of Charlestown, shall hereafter 
consist of one Chief Engineer, and as many other 
Engineers, Firemen, Hosemen, and Hook and 
Ladder Men, as shall, or may, from time to time, 
be appointed by the Selectmen of said Town, which 
appointments shall be valid until the first Town 
Meeting subsequently holden in said Town, when 
the same shall be laid before said meeticg for their 
approbation. 

Sec. 2. Be it further enacted, That the Select- 
men of said Town be, and they are hereby author- 
ments"'^ ''^''°'°' ^^^^ ^"^ rcquircd, so to appoint all or as many of 
said officers as they may from time to time deem 
necessary and expedient, and when the same shall 
be confirmed as aforesaid, it shall be the duty of 
the said Selectmen to cause certificates to be issu- 
ed of such appointments. 

Sec. 3. Be it further enacted. That it shall be the 
duty of the said Selectmen to fix and ordain, from 
time to time, the powers and duties of those offi- 
cers respectively, in relation to Fire Engines, and 
all other fire apparatus belonging to, or used in 
said Town, and also in relation to the care and 
management thereof, and to fix and ordain rules 
and regulations for the conduct of the said officers, 
and of the citizens present at fires, and to annex 
penalties for the breach of any rules or regulations 
they may so fix and ordain, not exceeding twenty 
dollars. 

Sec 4. Be it further enacted, That the Chief and 
other Engineers, so appointed, shall have the samo 



To fix and or- 
dain the duties 
of FiremeD; &c 



Powers of Engl 
neers. 



CHARLESTOWN F. DEP. June 12, 1829. 261 

power and authority relative to the pulhng down 
or demoHshing any house or other building, to pre- 
vent the spreading of fires, and also relative to 
all other matters and things affecting the extin- 
guishment or prevention of fires, or the command- 
ing assistance at them, as fire wardens now by law 
have ; and the said Town of Charlestown shall be 
liable to pay all such reasonable compensation for 
damage done by, or consequent upon the acts or 
directions of said Chief and other Engineers, as 
other Towns of this Commonwealth are liable to 
pay in like cases for like acts and directions, done 
or given by their firewardens, and all fines and for- 
feitures arising within the said Town of Charles- 
town, under the laws of this Commonwealth rela- 
tive to the extinguishment of or proceeding at fires, 
shall be distributed in such way and manner, and 
applied to such uses, as the said Selectmen shall 
from time to time ordain and determine, any thing 
in said laws to the contrary notwithstanding. 

Sec 5. Be it further enacted^ That the said Chief 
and other Engineers shall have the same powers 
and authorities as have been heretofore vested in 
the firewards of said Town by the Act, entitled, 
"An Act regulating the storage, safe keeping 
and transportation of gunpowder in the Town of 
Charlestown." 

Sec. 6. Be it further enacted, That every mem- Firemen to be 
ber of said fire department shall be held to produce, hary duiy"'" 
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 Militia Company within whose bounds he 
may reside, a certificate from the Selectmen, stat- 
ing that he is a member of said department, which 
certificate shall exempt him from military duty 
so long as he shall remain a member of said 
fire department ; and every member of said de- 
partment, who shall produce a certificate signed 
by the Chairman of the Board of Selectmen of said 
Charlestown, stating that he has served as a mem- 



262 HORTICULTURAL SOC. June \2, W29. 

ber of said department for seven successive years, 
after the age at which the laws of the United States, 
or of this Commonwealth, may hold the citizens 
thereof liable to enrolment in the MiUtia, shall be 
exempted from all military duty, excepting that of 
keeping himself constantly furnished with the arms 
and equipments required by the laws of the United 
States, and of this Commonwealth, and the duty of 
carrying or sending them annually to the place of 
inspection or view of arms of the Company within 
whose bounds he may reside and in which he is 
enrolled. 

Sec. 7. Be it further enacted, That from and 
Repeal. after the organization of a Fire Department under 

this act, and notice thereof given in one or more 
newspapers published in the Town of Charlestown 
or City of Boston, by the Selectmen of said Charles- 
town, all laws of this Commonwealth relating to 
the election and appointment of Firewards so far 
as they affect the election or appointment of Fire- 
wards within said Town of Charlestown, be, and 
the same are hereby repealed. 

Sec. 8. Beit further enacted, That the provisions 
of this Act shall not take effect, until the same shall 
have been accepted by the Citizens of said Charles- 
town, assembled in Town Meeting, legEtlly warned 
for that purpose. 

[Approved by the Governor, June 12, 1829.] 



CHAP. XXH. 

An Act to incorporate the Massachusetts Horticul- 
tural Society. 

Sec 1. -DE it enacted by the Senate and House 

of Representatives in General Court assembled, and 

by the authority of the same, That Zebedee Cook 

Person, incorpo- jj.^^ Robert L. Emmous, William Worthington, B. 

V. French, John B. Russell, J. R. Newhall, Cheever 



HORTICULTURAL SOC. June 12, 1829. 263 

Newhall, and Thomas G. Fessenden, their associates 
and successors, be and they hereby are incorporated, 
under the name, and by the description of the Mas- 
sachusetts Horticultural Society, tor the purpose of ^^"™^' 
encouraging and improving the science and practice 
of Horticulture, and promoting the amelioration of 
the various species of trees, fruits, plants and veg- 
etables, and the introduction of new species and 
varieties ; with power to make by-laws not inconsis- 
tent with the laws of the Com.monwealth, for the Powers and pri- 
regulation of said society and the management of ^''^s"- 
the same and of its concerns ; to receive donations, 
bequests and devises, for promoting the objects of 
said Society ; to lay and collect assessments on the ,, , 

1 '' J ■',. 11, May la j( asses j- 

members not exceedmg two dollars per annum ; to mems. v„^ 

enforce the payment of such assessments by action 
for the same : to purchase and hold real estate to 
the amount of ten thousand dollars, and personal 
estate to the amount of twenty thousand dollars ; anYpersouares- 
to elect a Treasurer, Secretary, and other officers, *^'^' 
the appointment of which shall be provided for in 
the by-laws of said Society ; the meeting for the 
election of such officers to be called at the times 
and in the manner provided in such by-laws ; to 
empower the President, Directors, Comptrollers, 
Treasurer, committees,or other officers or members, 
or any attornies, agents or representatives of said 
Society, to transact the business, manage and apply 
the funds, discharge the functions, and promote 
the objects thereof; to authorize any of the mem- 
bers or officers of said Society to fill vacancies in 
the various offices of the s^ime, that may happen 
in the intervals between the meetings of the mem- / 

bers for choosing officers ; and to commence and 
defend suits. 

Sec. 2. Be it further enacted, That in case the officers. &c. iia- 
said Corporation shall, at any time, contract debts bie for deus. 
beyond their means and ability to pay at the time 
of contracting the same, the officers or other 
agents of said Corporation so contracting such 
debts shall be personally hable for the same. 



264 



CAMBRIDGE FIRE DEP. 



Members may 
leave hy giving 
notice. 



Firit meeting. 



June 12, 182a 



Sec. 3. Be it further enacted, That any member 
of said Corporation may cease to be a member 
thereof, by giving notice to that effect to the Pre- 
sident, Treasurer, Secretary, or other officers, and 
paying the amount due from him to the Society. 

Sec. 4. Be it further enacted, That the first 
meeting of the members of said Corporation may 
be called by any two or more of the persons named 
in the first section, by giving one weeks notice or 
more, by advertisement in any newspaper printed 
in Boston. 

Sec, 5. Be it further enacted. That this Act may 
be altered or repealed at the discretion of the 
Legislature. 

[Approved by the Governor, June 12, 1829.] 



CHAP. XXIIL 

An Act authorizing the Selectmen of Cambridge to 
appoint Hook and Ladder Men. 

JoE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That the Selectmen of 
Selectmen to ap- the Towu of Cambridge, in the County of Middle- 
Laddirmen!"'^ scx, be and thcy are hereby authorized and em- 
powered, to appoint a company or companies, con- 
sisting of not more in the whole than thirty men, 
whose duty it shall be, under the direction of the 
Firewards of said Town, to attend fires therein 
with Fire Hooks and Ladders, and to be subject 
to such farther duties, and organized and provided 
in such manner, as the said Selectmen shall from 
time to time direct. And all persons appointed to 
said company or companies, pursuant to the afore- 
going provisions, shall continue in office during the 
pleasure of said Selectmen, and be entitled to all 



DEDHAM CONG. SOC. June 12, 1829. 266 

the privileges and exemptions to which Engine- 
men now are or may hereafter be by law entitled. 

[Approved by the Governor, Jane 12, 1829.] 



CHAP. XXIV. 

An Act to incorporate the Proprietors of the Con- 
gregational Meeting House in the Second or 
South Parish in Dedham. 

Sec. 1. -LSE it enacted by the Senate and House 
of Representatives in General Court assembled^ and 
by the authority of the same, That David Morse, Persons iacorpo- 
Lewis Morse, Dean Chickering, John K. Briggs '^'''"'^• 
and Willard Everett, their associates and succes- 
sors, be and they hereby are made a body politic 
and corporate, by the name of the Proprietors of ^^^^^ 
the Congregational Meeting House in the Second 
or South Parish in Dedham, for the purpose of 
managing the affairs of said Meeting House, and 
by that name may sue and be sued, have a common 
seal, and the same alter at pleasure, and may or- 
dain such rules and regulations as are not repug- 
nant to the laws of this Commonwealth, and choose 
such officers as the good management of the affairs 
of said body corporate may at all times require. 

Sec. 2. Be it further enacted, That the said pro- 
prietors shall be entitled to as many votes as they 
have shares, in managing the affairs of said meet- 
ing house, provided that no one person shall be 
entitled to more than ten votes. 

Sec. 3. Be it further enacted, That said Corpo- May raise mon 
rate body shall have power to raise money by as- mest! ^"^"' 
sessment on the shares of the said Corporators, for 
the purpose of keeping said meeting house in 
repair. 



2QQ 



SUTTON BAPTIST SOC. 



June 12, 1829. 



First raeeting'. 



Sec. 4. Be it further enacted, That David Morse, 
the first on the list of said corporators, may call 
the first meeting of said body corporate, by post- 
ing notice of the time and place thereof in some 
conspicuous place in said Meeting House, eight 
days at least before the time he may so appoint. 

Sec. 5. Be it further enacted, That this act shall 
be subject to revision or repeal at the will of the 
Legislature. 

[Approved by the Governor, June 12, 1829.] 



CHAP. XXV. 

An Act to incorporate the First Baptist Society in 

Sutton. 



Persons 
rated. 



Name. 



May have com- 
mon seal, &.C. 



May hold real 
estate. 



Sec. 1. IjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Daniel Tourt.elot, 
"^"'•P''- Solomon Marble, John Titus, John Waters, and 
Samuel Rich 2d, together with such other persons 
as may hereafter associate with them, and their 
successors, be, and they hereby are incorporated, 
as a Religious Society, by the name of the First 
Baptist Society in Sutton, with all the privileges, 
powers and immunities, to which religious socie- 
ties are entitled by the constitution and laws of 
this Commonwealth. 

Sec. 2. Be it further enacted, That the said body 
politic shall have power to make and use a com- 
mon seal, and the same to break and alter, at their 
pleasure, and to make such by-laws for the regula- 
tion and direction of their business, as shall not be 
repugnant to the constitution and laws of this 
Commonwealth. 

Sec. 3. Be it further enacted, That said body 
politic may hold real estate to an amount not ex- 



ceeding ten thousand dollars. 



WORCESTER RAIL R. CO. June 12, 1829. 267 

Sec. 4. Be it further enacted, That any Justice First Meeting, 
of the Peace, for the County of Worcester, be and 
he hereby is authorized to issue his warrant to any 
member of said Society requiring him to warn the 
members thereof to meet at such convenient time 
and place, in said Sutton, as shall be therein direct- 
ed, to choose a Clerk, Treasurer, and such other 
officers as they may deem needful. 

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 12, 1829.] 



CHAP. XXVI. 

An Act to incorporate the Worcester Rail Road 
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 Samuel B. Thom- Persons incoipo- 
as, William E. Green, Isaac Davis, their associates '^^"''^ 
and successors, be and they are hereby made a 
Corporation, by the name of the Worcester Rail Name. 
Road Company, for the purpose of locating, con- 
structing and maintaining a Railway, from the lands 
called the Coal Mines in Worcester, to the waters Ran rS™*^' 
of Quinsigamond Pond in said town ; and also 
from said lands to the banks of the Blackstone 
Canal in said town, and for this purpose shall have 
all the powers and 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 Acta in addition thereto. 



268 



WORCESTER RAIL R. CO. June 12, 1829 



May hold real 
and personal es- 
tate. 



To report loca- 
tion of road to 
County Com- 
misaiouers. 



Sec. 2. Be it further enacted, That the said Cor- 
poration may be lawfully seized and possessed of 
euch real and personal estate, not exceeding the 
value of fifty thousand dollars, as may be necessary 
for the purposes aforesaid. 

Sec. 3. Be it further enacted, That when said 
Corporation has located either of said roads, it 
shall make report thereof to any meeting of the 
County Commissioners, then to be holden in the 
County of Worcester, or to any adjourned term 
thereof, wherein shall be particularly described the 
location which shall have been made, its width, 
and the materials intended to be used, and the 
names of the owners of the lands and materials, as 
far as the same can be ascertained ; which said re- 
port, so made, shall be placed on the files of said 
Com.missioners, and notice be given thereof to the 
owners of the lands and materials embraced therein, 
if known, in such manner as the said Commission- 
ers shall direct, at the expense of said Corporation ; 
and the said Commissioners shall thereupon ap- 
point three discreet and disinterested freeholders 
of said County, as a Committee to estimate all 
damages which any person or corporation, whose 
lands or materials are described and mentioned in 
such report, shall sustain, provided such Rail Road 
be constructed thereon or materials taken there- 
from : and the said Committee, before they proceed 
to execute their duties, shall be sworn to a faithful 
and impartial discharge thereof, and shall give 
public and seasonable notice, in such manner as 
said Commissioners shall direct, to all persons in- 
terested, to file their claims, if any they have, which 
have not been released to said Corporation, with 
some one of said Committee, or with the Clerk of 
the Courts for said County, within thirty days from 
the date of said notice. At the end of the term 
allowed for filing such claim for damages, the Com- 
mittee, or a majority of them, having previously 
given notice to all parties interested of the time 
and of the extent of the route to be examined, by 



WORCESTER RAIL R. CO. June \% 1829. 269 

publishing in one or more of the newspapers print- fj""^!^ damages." 
ed in said Worcester an advertisement thereof in 
three successive papers at least, shall pass over the 
premises so intended to be used by said Corpora- 
tion, for the purposes aforesaid, and after hearing 
the parties in interest shall, according to their best 
skill and judgment, estimate all such damages as 
they shall think any person or corporation shall 
sustain, by the construction of said Rail Roads, or 
in the use of said materials, over and above the 
benefits and advantages (if any) which the Com- 
mittee shall think may accrue to such person or 
corporation, from the construction and continuance 
of said road. And the said Committee, or the 
major part of them, shall make return of their do- 
ings, after the same shall have been completed, 
to the said County Commissioners, to the end that 
the same may be allowed, accepted and recorded. 
And the said Commissioners shall thereupon order 
the said report, or the substance thereof, to bo 
forthwith published in one or more of the news- 
pajiers printed in Worcester, three weeks succes- 
sively, at the expense of the Corporation : Provided Proviso 
however, that either party, after the return of said 
report, and after its acceptance and publication 
aforesaid, may claim a trial by Jury, to determine 
upon the amount of damages to be assessed in the 
case complained of, which said Jury shall be sum- 
moned by the Sheriff, under the direction of said 
Commissioners, in manner prescribed bylaw, in case 
of complaints for damages occasioned by the lay- 
ing out of highways, and they shall be under oath, 
according to the provisions of law in such cases ; 
and the verdict of said Jury shall be returned to 
the next term of the Court of Common Pleas within 
said County ; and if the party applying for a Jury 
shall not obtain, in case it be the original applicant 
for damages, an increase of the amount of the 
appraisement, or of the estimate of damages ; or 
in case it be the original respondent, a decrease of 
the amount of damages, as may be awarded by said 



270 WORCESTER RAIL R. CO. June 12,IS29. 

Committee, such party shall pay reasonable costs of 
the trial by Jury, otherwise shall recover reasonable 
costs. And the said Corporation, having entered 
upon the land of any individual or corporation, and 
commenced the process of excavation or embank- 
ment, for the purpose of constructing such Rail 
Roads or any part thereof, shall, within ninety days 
after the damages, if any, have been ascertained in 
manner aforesaid, pay or cause to be paid the same 
to the person or persons entitled to receive the 
same ; in neglect of such payment such person or 
persons, on whose lands such works have been so 
commenced, may have an action of debt against 
said Corporation in any Court proper to try the 
same, to recover such damages. And the execu- 
tion for damages assessed as aforesaid, or for costs, 
shall be in the common form, and may be levied 
upon the goods, estate or lands of the Corporation, 
or of any member thereof. And the report of said 
Committee, when accepted and recorded and not 
appealed from in manner aforesaid, or the verdict 
of a Jury being returned, accepted and recorded, 
shall forever be a bar to any other action com- 
menced for damages against said Corporation, on 
account of the injury for which such damages 
were awarded. 

Sec. 4. Be it further enacted, That if said Rail 
Damages, how Roads, or either of them, shall be located, or any 
part of them, and a report of the Committee be 
made thereon in manner aforesaid, any alterations 
shall be made in the course thereof, the damages 
may be estimated, in the same way, and the same 
proceedings be had in manner provided in this act. 
Provided hoicever, that in all cases, it shall be com- 
petent for said corporation, and any person or cor- 
poration injured by the location of said Rail Roads, 
to submit the question of damages to such refer- 
ees as they may agree upon, whose award, when 
returned to the said Court of Common Pleas and 
accepted, shall be final, and said Court may enter 
judgment accordingly. 



to be estimated. 



WORCESTER RAIL R. CO. June 12, 1829. 271 

Sec. 5. Be it further enacted, That if the said May cross public 
Railroads, hereby authorized to be constructed, 
shall cross any public or private way, the said Cor- 
poration shall so construct such Railroad as not to 
obstruct the safe and convenient use of such way. 

Sec. 6. Be it further enacted, That a toll of six May take toil. 
cents, for each ton in weight per mile tliat shall be 
transported on said Railroad, be and hereby is 
granted and established for the sole benefit of said 
Corporation ; and the said Corporation is hereby 
authorized to prescribe in their by-laws the form 
of the wheels, the construction of the wheels, and 
the weight of loads which shall pass on said Rail 
Roads. 

Sec. 7. Be it further enacted, That if any person penaiivforin- 
shall wilfully, maliciously or wantonly, and contrary juring Rail road. 
to law, in any way spoil, injure or destroy said Rail- 
roads or any part thereof, or any thing belonging 
thereto, or any materials or implements to be em- 
ployed in the construction or in the use of said 
Road, he, she or they, or any person or persons 
assisting, aiding or abetting in such trespass, shall 
forfeit and pay to said Corporation, for every such 
offence, treble such damages as shall be proved 
before the Justice, Court or Jury before whom the 
trial shall be had, to be sued for and recovered before 
anyJustice or in any Court proper to try the same, to 
the use and benefit of said Corporation. And such 
offender or offenders shall be liable to indictment by 
the grand inquest for the County of AVorcester for 
any offence contrary to the above provisions, and 
on conviction thereof before the Court of Common 
Pleas to be holden in said County, shall pay a 
fine, not exceeding fifty dollars, and not less than 
ten dollars, to the use of the Commonwealth, or 
may be imprisoned not exceeding six months at 
the direction of the Court before whom the con- 
viction may be had. 

Sec 8. Be it further enacted, That if the said 
Corporation shall not have constructed, and put 
into use, at least one of the Railways by this 

36 



272 STATE TAX. June 12, 1829. 

Act authorized, within three years from the passing 
of this Act, then, and in such case, this Act shall 
be void. And be it further provided, that this Act 
may be altered, amended or repealed at the pleas- 
ure of the Legislature. 

[Approved by the Governor, June 12, 1829.] 



CHAP. xxvn. 

An Act to apportion and assess a Tax of Seventy 
Five Thousand Dollars. 

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 each city, town, 
Apportionmer.t dlstrlct or othcr place herein after named, within 
°' '^"- this Commonwealth, shall be assessed, and pay 

the several sums, with which they stand respec- 
tively charged in the following Schedule. 

COUNTY OF SUFFOLK. 

Boston, Twenty four thousand eight 
hundred and seventy four dollars and 
fifty cents, 24,874 50 

Chelsea, One hundred and twenty nine 

dollars and seventy five cents, 129 75 

Twenty five thousand and four dollars 

and twenty five cents, 25,004 25 

COUNTY OF ESSEX. 

Salem, Three thousand five hundred and 

forty seven dollars and fifty cents, 3,547 50 

Marblehead, Five hundred and ninety six 

dollars and twenty five cents, 596 25 



STATE TAX. June 12, 1829. 273 

Lynn, Three hundred and sixty seven Apportionment 

dollars and fifty cents, 367 50 ° 

Lynnfield, Fifty two dollars and fifty 

cents, 52 50 

Danvers, Five hundred and three dollars 

and twenty five cents, 603 25 

Beverly, Four hundred and fifty two 

dollars and twenty five cents, 452 25 

Wenhara, Fifty seven dollars and seven- 
ty five cents, 57 75 

Hamilton, Ninety two dollars and twen- 
ty five cents, 92 25 

Manchester, One hundred and ten dol- 
lars and twenty five cents, 110 25 

Gloucester, Four hundred and eighty 

nine dollars, 489 00 

Ipswich, Two hundred and forty three 

dollars and seventy five cents, 243 75 

Rowley, One hundred and ninety six 

dollars and fifty cents, 196 50 

Newbury, Four hundred and nine dollars 

and fifty cents, 409 50 

Newbury port, One thousand and eighty 

five dollars and twenty five cents, 1,085 25 

Bradford, One hundred and seventy four 

dollars and seventy five cents, 174 75 

Boxford, One hundred and twenty five 

dollars and twenty five cents, 125 25 

Andover, Four hundred and twenty four 

dollars and fifty cents, 424 50 

Middleton, Sixty dollars and seventy 

five cents, 60 75 

Topsfield, One hundred and fifty eight 

dollars and twenty five cents, 158 25 

Melhuen, One hundred and forty seven 

dollars, " 147 00 

Haverhill, Three hundred and twenty 

seven dollars, 327 00 

Amesbury, One hundred and eighty 

three dollars, 183 00 

Salisbury, Two hundred and five dollars 

and fifty cents, 205 50 



274 STATE TAX. June 12, 1829 

Apportio:imeni Wcst Nevvbuiy, OiiG hundred and sixty 
" ^^'^^ four dollars and twenty five cents, 164 25 

Essex, One hundred and thirty one dol- 
lars and twenty five cents, 131 25 
Saugus, Sixty eight dollars and twenty 

five cents, 68 25 

Ten thousand three hundred and seven- 
ty three dollars and twenty five cents, 10,373 25 

COUNTY OF MIDDLESEX. 

Charlestown, Eight hundred and eighty 

seven dollars and twenty five cents, 
Cambridge, Four hundred and ninety 

four dollars and twenty five cents, 
West Cambridge, One hundred and 

twenty two dollars and twenty five 

cents, 
Brighton, One hundred and twenty six 

dollars and seventy five cents, 
Medford, Two hundred and thirty nine 

dollars and twenty five cents, 
Maiden, One hundred and eighty three 

dollars, 
Newton, Two hundred and twenty four 

dollars and twenty five cents, 
Watertown, Two hundred and twenty 

six dollars and fifty cents, 
Waltham, Two hundred and thirty five 

dollars and fifty cents, 
Weston, One hundred and forty eight 

dollars and fifty cents, 
Lincoln, Eighty three dollars and twen- 
ty five cents, 
Lexington, One hundred and thirty two 

dollars, 
Sudbury, One hundred and forty one 

dollars and seventy five cents. 
East Sudbury, One hundred dollars and 

fifty cents, 
Natick, Ninety three dollars. 



887 


25 


494 25 


122 25 


126 


75 


239 


25 


183 


00 


224 25 


226 


50 


235 


50 


148 50 


83 


25 


132 


00 


141 


75 


100 50 


93 


00 



STATE TAX. June 12, 1829. 275 

Sherburne, One hundred and two dollars 

and seventy five cents, 
Holliston, One hundred and thirty two 

dollars, 
Hopkinton, One hundred and fifty four 

dollars and fifty cents, 
Framingham, Two hundred and three 

dollars and twenty five cents, 
Marlborough, Two hundred and nine 

dollars and twenty five cents, 
Stow, Ninety six dollars, 
Boxborough, Forty four dollars and 

twenty five cents. 
Concord, Two hundred and twenty two 

dollars, 
Bedford, Eighty four dollars, 
Burlington, Fifty nine dollars and twen- 
ty five cents, 
Woburn, One hundred and fifty four 

dollars and fifty cents, 
Stoneham, Fifty four dollars, 
Reading, One hundred and forty six 

dollars and twenty five cents. 
South Reading, Eighty five dollars and 

fifty cents, 
Wilmington, Seventy eight dollars and 

seventy five cents, 
Billerica, One hundred and fifty dollars 

and seventy five cents, 
Tewksbury, Eighty three dollars and 

twenty five cents, 
Chelmsford, Ninety dollars and ninety 

cents, 
Carlisle, Sixty five dollars and twenty 

five cents, 
Westford, One hundred and thirty seven 

dollars and twenty five cents, 
Acton, Ninety three dollars, 
Littleton, Ninety five dollars and twenty 

five cents, 
Groton, Two hundred and eleven dollars 

and fifty cents, 



102 


Apporlionme 
rj r of Tax. 


132 


00 


154 


50 


203 25 


209 


25 


96 00 


44 25 


222 


00 


84 


00 


59 25 


154 50 


54 00 


146 


25 


85 


50 


78 


75 


150 


75 


83 


25 


90 90 


65 


25 


137 25 


93 


00 


95 25 


211 


50 



276 STATE TAX. June 12, 1829. 

Apporiionmeni Dracut, One hundred and twenty seven 
°'"^''- dollars and fifty cents, 127 50 

Dunstable, Sixty dollars, 60 00 

Tyngsborough, Seventy two dollars and 

seventy five cents, 72 75 

Shirley, Seventy dollars and fifty cents, 70 50 

Townsend, One hundred and ten dollars 

and twenty five cents, 110 25 

Ashby, One hundred and seven dollars 

and twenty five cents, 107 25 

Lowell, Sixty dollars and sixty cents, 60 60 

Pepperell, One hundred and twenty 

dollars and seventy five cents, 120 75 



Six thousand nine hundred and twenty 

one dollars, 6,921 00 

COUNTY OF NORFOLK. 

Roxbury, Six hundred and thirty three 

dollars and seventy five cents, 
Dorchester, Four hundred and seventy 

four dollars and seventy five cents, 
Brookline, One hundred and ninety 

seven dollars and twenty five cents, 
Milton, Two hundred and seven dollars, 
Quincy, One hundred and ninety eight 

dollars, 
Braintree, One hundred and thirty six 

dollars and fifty cents, 
Weymouth, Two hundred and forty six 

dollars, 
Cohasset, One hundred and ten dollars 

and twenty five cents, 
Needham, One hundred and thirteen 

dollars and twenty five cents, 
Medfield, Eighty seven dollars and sev- 
enty five cents, 
Dover, Seventy dollars and fifty cents, 
Medway, One hundred and fifty nine 

dollars and seventy five cents, 159 75 



633 


75 


474 


75 


197 


25 


207 


00 


198 


00 


136 


50 


246 


00 


110 


25 


113 


25 


87 


75 


70 


50 



STATE TAX. June 12, 1829. 277 

Bellingham, One hundred dollars and Apportionmem 

fifty cents, 100 50 ° 

Franklin, One hundred and forty seven 

dollars and seventy five cents, 147 75 

Wrenthara, Two hundred and twenty 

two dollars, 222 00 

Walpoie, One hundred and thirty five 

dollars and seventy five cents, 135 75 

Foxborough, Seventy seven dollars and 

twenty five cents, 77 25 

Sharon, Eighty six dollars and twenty 

five cents, 86 25 

Uedham, Three hundred and seven dol- 
lars and fifty cents, 307 50 

Stoughton, Eighty four dollars, 84 00 

Randolph, One hundred and fifty six 

dollars, 156 00 

Canton, One hundred and nineteen dol- 
lars and twenty five cents, 119 25 



Four thousand and seventy one dollars, 4,071 00 

COUNTY OF PLYMOUTH. 

Plymouth, Four hundred and eleven 

dollars, 411 00 

Kingston, One hundred and thirty dol- 
lars and fifty cents, 130 50 

Duxbury,v Two hundred and thirteen 

dollars, 213 00 

Marshfield, One hundred and seventy 
four dollars and seventy five cents, 174 75 

Pembroke, One hundred and sixteen 

dollars and twenty five cents, 116 25 

Hanson, Seventy five dollars and seven- 
ty five cents, 75 75 

Bridgewater, Two hundred and eighty 

three dollars and fifty cents, 283 50 

Middleborough, Three hundred and 
ninety nine dollars and seventy five 
cents, 399 75 



278 STATE TAX. June 12, 1829. 

Apportionment Rochester, Two hundfcd and forty dol- 

lars, 240 00 

Wareham, Seventy four dollars and 

twenty five cents, 74 25 

Carver, Seventy seven dollars and twen- 
ty five cents, 77 25 

Plympton, Eighty dollars and twenty 

five cents, 80 25 

Halifax, Sixty one dollars and fifty cents, 61 50 

Abington, One hundred and sixty two 

dollars and seventy five cents, 162 75 

Hanover, One hundred and eighteen 

dollars and fifty cents, 118 50 

Scituate, Three hundred and eighteen 

dollars and seventy five cents, 318 75 

Hingham, Two hundred and . seventy 

nine dollars and seventy five cents, 279 75 

Hull, Twenty five dollars and fifty cents, 25 50 

North Bridgewater, One hundred and 
twenty nine dollars and seventy five 
cents, 129 75 

West Bridgewater, One hundred and 

eight dollars, 108 00 

East Bridgewater, 

Three thousand four hundred and eigh- 
ty dollars and seventy five cents, 3,480 75 

COUNTY OF BRISTOL. 

Taunton, Four hundred and six dollars 

and fifty cents, 406 50 

Raynham, Eighty four dollars and sev- 
enty five cents, 84 75 

Easton, One hundred and forty one dol- 
lars, 141 00 

Norton, One hundred and fifty two dol- 
lars and twenty five cents, 152 25 

Mansfield, Seventy nine dollars and fifty 

cents, 79 50 

Attleborough, Two hundred and forty 

six dollars, 246 00 



STATE TAX. June 12, 1829. 279 

Rehoboth, One hundred and ninety five Apponionmunt 

dollars and seventy five cents, 195 75 ""^ ^"" 

Seekonk, One hundred and thirty six 

dollars, 136 00 

Dighton, One hundred and thirty three 

dollars and fifty cents, 133 50 

Pavvtucliet, Sixty eight dollars, 68 00 

Svvansey, One hundred and twenty three 

dollars and seventy five cents, 123 73 

Somerset, Eighty two dollars and fifty 

cents, 82 50 

Berkley, Eighty dollars and twenty five 

cents, 80 25 

Freetown, One hundred and thirty one 

dollars and twenty five cents, 131 25 

Troy, One hundred and nineteen dollars 

and twenty five cents, 119 25 

Westport, Two hundred and nine dollars 

and twenty five cents, 209 25 

Dartmouth, Two hundred and sixty one 

dollars, 261 00 

New Bedford, Seven hundred and eigh- 
ty dollars, 780 00 
Fairhaven, Two hundred and fifty six 

dollars and fifty cents, 256 50 

Three thousand six hundred and eighty 

one dollars, 3,681 00 ; 

COUNTY OF BARNSTABLE. 

Barnstable, Two hundred and seventy 

dollars, 270 00 

Sandwich, Two hundred and thirty one 

dollars and seventy five cents, 231 75 

Falmouth, Tv/o hundred and twenty two 

dollars and seventy five cents, 222 75 

Dennis, One hundred and one dollars 

and twenty five cents, 101 25 

Harwich, Eighty three dollars and twen- 
ty five cents, 83 25 
37 



280 STATE TAX. June 12, 1829. 

Apportionment Brewster, Eighty eight dollars and fifty 

"' ''''"• cents, 88 50 

Chatham, One hundred and three dol- 
lars and fifty cents, 103 50 

Orleans, Seventy eight dollars and sev- 
enty five cents, 78 75 

Eastham, Thirty nine dollars and sev- 
enty five cents, 39 75 

Wellfleet, Sixty nine dollars, 69 00 

Truro, Fifty six dollars and twenty five 

cents, 56 25 

Provincetovvn, Ninety eight dollars and 

twenty five cents, 98 25 

Yarmouth, One hundred and fifty two 

dollars and twenty five cents, 152 25 

One thousand five hundred and ninety 

five dollars and twenty five cents, 1,595 25 

DUKES' COUNTY. 

Edgartown, Ninety four dollars and fifty 

cents, 94 50 

Chilmark, Ninety three dollars, 93 00 

Tisbury, Ninety seven dollars and fifty 

cents, 97 50 

Two hundred and eighty five dollars, 285 00 

COUNTY OF NANTUCKET. 

Nantucket, Fourteen hundred ninety one 

dollars, 1,491 00 

COUNTY OF WORCESTER. 

Worcester, Six hundred and nineteen 

dollars and fifty cents, 619 50 

Leicester, One hundred and forty six dol- 
lars and twenty five cents, 146 25 

Spencer, One hundred and seventy dol- 
lars and twenty five cents, 170 25 



STATE TAX. June 12, 1829. 281 



Brookfield, Two hundred and thirty Apportionment. 

three dollars and twenty five cents, 233 25 °^''''"'' 

Western, One hundred and fourteen 

dollars and sevenry five cents, 114 73 

North Brookfield, One hundred and 

eleven dollars, 1 11 00 

Sturbridge, One hundred and seventy 

seven dollars and seventy five cents, 177 75 

Charlton, Two hundred and forty two 

dollars and twenty five cents, 242 25 

Dudley, One hundred and thirty eight 

dollars and seventy five cents, 138 75 

Douglas, Ninety eight dollars and twen- 
ty five cents, 98 25 

Uxbridge, One hundred and seventy 

three dollars and twenty five cents, 173 25 

Northbridge, Sixty four dollars and fifty 

cents, 64 50 

Mendon, Two hundred and twenty six 

dollars and fifty cents, 226 50 

Milford, One hundred and twenty nine 

dollars, 129 00 

Grafton, One hundred and forty six dol- 
lars and twenty five cents, 146 25 

Sutton, One hundred and seventy two 

dollars and fifty cents, 172 50 

Miibury, One hundred and six dollars 
and fifty cents, 106 50 

Upton, Eighty two dollars and fifty 

cents, 82 50 

Oxford, One hundred and twenty six 

dollars and seventy five cents, 126 75 

Ward, Sixty one dollars and fifty cents, 61 50 

Shrewsbury, One hundred and fifty 

seven dollars and fifty cents, 157 50 

Westborough, One hundred and twen- 
ty nine dollars, 129 00 

Southborough, One hundred and elev- 
en dollars and seventy five cents, 111 75 

Northborough, One hundred and five 

dollars and seventy five cents, 105 75 



282 STATE TAX. June 12, 1829. 

Apportionment West Boylstoii, Eighty seven dollars 
^^^^''' and seventy five cents, 87 75 

Lancaster, One hundred and seventy 

eight dollars and fifty cents, 178 50 

Harvard, One hundred and forty four 

dollars, 144 00 

Boylston, Ninety three dollars and sev- 
enty five cents, 93 75 
Bolton, One hundred and seventeen 

dollars, 117 00 

Berlin, Sixty nine dollars, 69 00 

Sterling, One hundred and eighty three 

dollars and seventy five cents, 183 75 

Princeton, One hundred and fifty nine 

dollars, 159 00 

Holden, One hundred and thirty two 

dollars, 132 00 

Rutland, One hundred and sixty two 

dollars, 162 00 

Oakham, Eighty six dollars and twenty 

five cents, 86 25 

Paxton, Sixty three dollars and seventy 

five cents, 63 75 

New Braintree, One hundred and ten 

dollars and twenty five cents, 110 25 

Hardwick, One hundred and sixty six 

dollars and fifty cents, 166 50 

Hubbardston, One hundred and twenty 

seven dollars and fifty cents, 127 50 

* Petersham, One hundred and seventy 

six dollars and twenty five cents, 176 25 

Leominster, One hundred and sixty four 

dollars and twenty five cents, 164 25 

Lunenburg, One hundred and thirty 

dollars and fifty cents, 130 50 

Westminster, One hundred and fifty 

nine dollars and seventy five cents, 159 75 
Fitchburgh, One hundred and thirty 

nine dollars and fifty cents, 139 50 

Gardner, Seventy five dollars and sev- 
enty five cents, 75 75 



STATE TAX. June 12, 1829. 283 

Ashburnham. One hundred and eight Apponionmcnt 

dollars, 108 00 

Winchendon, One hundred and fifteen 

dollars and fifty cents, 115 50 

Royalston, One hundred and twenty 

nine dollars and seventy five cents, 129 75 

Templeton, One hundred and twenty 

six dollars, 126 00 

Athol, One hundred and fourteen dol- 
lars and seventy five cents, 114 75 

Phillipston, Ninety one dollars and fifty 

cents, 91 50 

Dana, Forty eight dollars and seventy 

five cents, 48 75 

Southbridge, One hundred and six dol- 
lars and fifty cents, 106 50 

Barre, Two hundred and thirty six dol- 
lars and twenty five cents, 236 25 

Seven thousand six hundred and forty 
nine dollars and twenty five cents, 7,649 25 

COUNTY OF HAMPDEN. 

Springfield, Four hundred and forty 
nine dollars and twenty five cents, 

Longnieadow, One hundred and twen- 
ty dollars, 

Wilbraham, One hundred and fifty sev- 
en dollars and fifty cents, 

Monson, One hundred and seventy one 
dollars, 

Brimfield, One hundred and sixty nine 
dollars and fifty cents, 

Wales, Sixty dollars and seventy five 
cents, 

Holland, Forty one dollars and twenty 
five cents. 

Palmer, Ninety dollars, 

Ludlow, Eighty five dollars and fifty 

cents, 
West Springfield, Three hundred and 
thirty seven dollars and fifty cents, 



449 


25 


120 


00 


157 


50 


171 


00 


169 


50 


60 75 


41 


25 


90 


00 


85 50 


337 50 



284 STATE TAX. June 12, 1829. 

Apportionment Westfield, Two liuRtlred and twenty five 

°^T""- dollars, 225 00 

Southwick, One hundred and thirty 

three dollars and fifty cents, 133 50 

Granville, One hundred and twenty nine 

dollars, 129 00 

Tolland, Fifty six dollars and twenty 

five cents, 56 25 

Blandford, One hundred and twenty 

nine dollars and seventy five cents, 129 75 

Chester, Ninety four dollars and fifty 

cents, 94 50 

Russell, Thirty six dollars, 36 00 

Montgomery, Thirty six dollars and sev- 
enty five cents, 36 15 

Two thousand five hundred and twenty 

three dollars, 2,523 00 

COUNTY OF HAMPSHIRE. 

Northampton, Three hundred and twen- 
ty eight dollars and fifty cents, 328 50 

Southampton, Ninety three dollars, 93 00 

Westhampton, Seventy eight dollars and 

seventy five cents, 78 75 

Hatfield, One hundred and thirty five 

dollars and seventy five cents, 135 75 

Williamsburgh, One hundred and eight 

dollars and seventy five cents, 108 75 

Goshen, Sixty five dollars and twenty 
five cents, 65 25 

Plainfield, Eighty five dollars and fifty 

cents, 85 50 

Cummington, Eighty nine dollars and 

twenty five cents, 89 25 

Easthampton, Fifty two dollars and fif- 
ty cents, " 52 50 

Worthington, One hundred and fifteen 

dollars and fifty cents, 115 50 

Middlefield, Seventy eight dollars, 78 00 

Chesterfield, One hundred and thirteen 
dollars and twenty five cents, 1 13 25 



STATE TAX. June 12, 1829. 285 

Norwich, Sixty six dollars and seventy Apportionment 

five cents, 66 75 ° 

Hadley, One hundred and forty five dol- 
lars and fifty cents, 145 50 

South Hadley, Ninety dollars and seven- 
ty five cents, 90 75 

Granby, Eighty four dollars and seventy 

five cents, 84 75 

Belchertown, One hundred and seventy 

six dollars and twenty five cents, 176 25 

Enfield, Seventy seven dollars and twen- 
ty five cents, 77 25 

Greenwich, Sixty nine dollars, 69 00 

Ware, Eighty one dollars and seventy 

five cents, 81 75 

Pelham, Sixty dollars and seventy five 

cents, 60 75 

Amherst, One hundred and eighty three 

dollars and seventy five cents, 183 75 

Prescott, Sixty two dollars and twenty 

five cents, 62 25 



Two thousand four hundred and forty 

two dollars and seventy five cents, 2,442 75 

COUNTY OF FRANKLIN. 

Greenfield, One hundred and sixty two 

dollars, 
Gill, Sixty three dollars and seventy five 

cents, 
Barnardston, Seventy six dollars and 

fifty cents, 
Leyden, Seventy nine dollars and fifty 

cents, 
Shelburn, Eighty seven dollars and sev- 
enty five cents, 
Colrain, One hundred and sixty eight 

dollars and seventy five cents. 
Heath, Seventy one dollars and twenty 

five cents, 
Rowe, Fifty four dollars and fifty cents, 



162 00 


63 


75 


76 


50 


79 50 


87 


75 


168 


75 


71 


25 


54 50 



286 STATE TAX. Ju7ie 12, 1829. 

Apportionment MunroG, Fout dollars and seventy five 

of Tax. ^ ' ^ jL «K 

cents, 4 To 

Charlemont, Eighty one dollars, 81 00 

Buckland, Seventy six dollars and fifty 

cents, 76 50 

Hawley, Seventy two dollars and sev- 
enty five cents, 72 75 
Ashfield, One hundred and thirty three 

dollars and fifty cents, 133 50 

Conway, One hundred and sixty seven 

dollars and twenty five cents, 167 25 

Deerfield, One hundred and ninety two 

dollars, 192 00 

Whately, Ninety six dollars, 96 00 

Northfield, One hundred and fifty five 

dollars and twenty five cents, 155 25 

Warwick, One hundred and ten dollars 
"^ and twenty five cents, 110 25 

Orange, Eighty five dollars and fifty 

cents, 85 50 

Montague, Eighty five dollars and fifty 

cents, 85 50 

Sunderland, Sixty three dollars, 63 00 

Leverett, Fifty nine dollars and twenty 

five cents, 59 25 

Wendell, Seventy dollars and fifty cents, 70 50 
New Salem, One hundred and twenty 

seven dollars and fifty cents, 127 50 

Shutesbury, Sixty six dollars and seven- 
ty five cents, 6Q lb 
Erving's Grant, Twenty dollars and 

twenty five cents, 20 25 

Two thousand four hundred and thirty 

one dollars and fifty cents, 2,431 50 

COUNTY OF BERKSHIRE. 

Sheffield, Two hundred dollars and 

twenty five cents, 200 25 

Mount Washington, Twenty eight dol- 
lars and fifty cents, 28 50 



STATE TAX. June 12, 1829. 287 

New Marlborough, One hundred and Apponionment 

thirty eight dollars, 138 00 "' '^'" 

Sandislield, One hundred and fifty three 

dollars and seventy five cents, 153 75 

Otis, Sixty five dollars and twenty five 

cents, 65 25 

Tyringham, Ninety nine dollars, 99 00 

Great Barrington, One hundred and 
seventy one dollars and seventy five 
cents, 171 75 

Egremont, Sixty five dollars and twenty 

five cents, 65 25 

Alford, Fifty dollars and twenty five 

cents, 50 25 

Becket, Eighty one dollars and seventy 

five cents, 81 75 

Stockbridge, One hundred and forty 

dollars and twenty five cents, 140 25 

West Stockbridge, Eighty eight dollars 

and fifty cents, 88 50 

Richmond, One hundred and two dol- 
lars, 102 00 

Washington, Forty eight dollars, 48 00 

Lee, One hundred and twenty dollars, 120 00 

Lenox, One hundred and twenty two 

dollars and twenty five cents, 122 25 

Pittsfield, Two hundred and seventy 
seven dollars and fifty cents, 

Dalton, Seventy dollars and fifty cents, 

Hinsdale, Sixty six dollars and seventy 
five cents, 

Peru, Sixty six dollars, 

Windsor, Seventy eight dollars, 

Cheshire, One hundred and twenty four 

dollars and fifty cents, 124 50 

Lanesborough, One hundred and thirty 

five dollars. 135 00 

New Ashford, Thirty dollars, 30 00 

Adams, One hundred and fifty six dol- 
lars, 136 00 

Hancock, Ninety six dollars, 96 00 

38 



277 


50 


70 


50 


66 


75 


66 


00 


78 


00 



288 STATE TAX. June 12, 1829. 

Apporiioumeut Willianistown, One hundred and seven- 
" '^'' ty seven dollars, 177 00 

Savoy, Forty nine dollars and fifty cents, 49 50 
Clarksburgh, Eighteen dollars and sev- 
enty five cents, 18 75 
Florida, Twenty three dollars and twen- 
ty five cents, 23 25 
Gore of Land, West > Four dollars and ^ rrv 

of Williamstown, 3 fifty cents, 
Boston Corner, Three dollars, 3 00 



Three thousand and fifty one dollars, 3,051 00 



AGGREGATE OF THE SEVERAL COUNTIES. 



Sufiblk, Twenty five thousand and four 
dollars and twenty five cents, 25,004 25 

Essex, Ten thousand three hundred and 
seventy three dollars and twenty five 
cents, 10,373 25 

Middlesex, Six thousand nine hundred 

and twenty one dollars, 6,921 00 

Norfolk, Four thousand and seventy one 

dollars, 4,071 00 

Plymouth, Three thousand four hundred 
and eighty dollars and seventy five 
cents, 3,480 75 

Barnstable, One thousand five hundred 
and ninety five dollars and twenty five 
cents, 1,595 25 

Dukes' County, Two hundred and eigh- 
ty five dollars, 285 00 

Nantucket, One thousand four hundred 

and ninety one dollars, 1,491 00 

Worcester, Seven thousand six hundred 
and forty nine dollars and twenty five 
cents, 7,649 25 



STATE TAX. June 12, 1829. 289 

Hampden, Two thousand five hundred Aggre-aie. 

and twenty three dollars, 2,523 00 

Franklin, Two thousand four hundred 

and thirty one dollars and fifty cents, 2,431 50 
Hampshire, Two thousand four hundred 

and forty two dollars and seventy five 

cents, 2,442 75 

Bristol, Three thousand six hundred and 

eighty one dollars, 3,681 00 

Berkshire, Three thousand and fifty one 

doUars, 3,051 00 



Seventy five thousand dollars, ;^75,000 00 

Sec. 2. Be it further enacted, That the Treas- Treasurer to is- 
urer of this Commonwealth, shall, forthw^ith, send ^"*= '^^'^"'^"^• 
his warrant, directed to the Selectmen or Assessors, 
of each city, town, district, or other place, taxed 
as aforesaid, requiring them respectively, to assess, 
in dollars and cents, the sum so charged in man- 
ner following, viz. : To assess one sixth part of the 
sum so charged, (as near as the same can be con- 
veniently done) on the male polls, above the age of 
sixteen years, vvithin their respective city, towns, 
districts, or other places adjoining them, not be- 
longing to any other town, district, or other places ; 
(^Provided, such other places were returned or in- 
cluded in the last valuation) and the remainder of 
such sum charged as aforesaid, to each city, town, 
district or other place respectively, to assess upon 
the respective inhabitants thereof according to the 
value of the real estate therein possessed or owned 
by each of them on the first day of May last, either 
in his own right or the right of others, improved or 
not improved, (excepting pews in houses of public 
worship,) or upon the owners of real estate in such 
city, town, district, or other place (whether the 
owner resided in the same or not on said first day 
of May,) according to the just value thereof, and 
upon non-resident proprietors of real estate, lying 
within such city, town, district or other place, in 



290 STATE TAX. June 12, 1829. 

their own right, or the right of others, improved or 
not improved ; and also, on all the inhabitants of 
such city, town, district, or other place, and all the 
persons possessing estates within the same, on the 
said first day of May, according to the proportion 
of the amount of their respective personal estates, 
including all monies at interest, more than they 
pay interest for, and al) other debts due to them 
more than they are indebted for, monies of all kinds 
on hand, public securities of all sorts, and all bank 
and insurance stock and shares, or property in any 
incorporated company for a bridge or a turnpike 
road, or shares in any other incorporated company 
possessing taxable property, according to the just 
value thereof ; and also the amount of all goods, 
wares and merchandise, or any other stock in trade, 
including stock employed in manufactories, vessels 
of all kinds, at home or abroad, with all their stores 
and appurtenances, and all pleasure carriages 
drawn by one or more horses ; rmdes, horses arid 
neat cattle, each of one year old and upwards, and 
swine and sheep of six months old and upwards, 
excepting that for all horses, neat cattle, sheep and 
swine which shall be kept throughout the year with- 
in any city, town, or other place, the owner there- 
of shall be taxed therefor, where said stock may 
be so kept; and also the amount of the income of 
such inhabitants from any profession, handicraft, 
trade or employment, or gained by trading at sea 
or on land ; and also all other property of the sev- 
eral kinds returned in the last vahiation, or liable 
to taxation by any law, excepting household furni- 
ture, (less than one thousand dollars in value) wear- 
ing apparel, farming utensils, and tools of mechan- 
ics necessary for carrying on their business. 

Sec. 3. Be it further enacted^ That all minors, 
f.« "mod! '''''''' \\^\i\Q to taxation by this act, shall be taxed in the 
cities, towns, districts, or other places, where the 
parents, masters, or guardians, under whose im- 
mediate government the said minors are, may re- 
side ; or if he have no parents, master or guardian 



STATE TAX. June 12, 1829. 291 

within the state, such minor shall be personally 
taxed for his poll as though he were of full age, 
and every freeholder or tenant who by force of this 
act may be assessed, and shall pay any sum for 
real estate in his possession, may require his land- 
lord, the owner or agent of such estate, to reim- 
burse the half of such sum, unless it be otherwise 
provided for, by an agreement between them. 

Sec. 4. Be it farther enacted, That the Treas- ^akTiTsrofV 
urer in his said warrant shall require the said se- sessmems, &c. 
lectmen or assessors respectively to make a fair 
list or lists of their assessments, setting forth a- 
gainst each persons name how much he or she is 
assessed for polls, and for real and personal estate 
and income respectively as aforesaid, distinguishing 
any sum assessed on such person as guardian, and 
also to insert in such lists the number of acres of 
land, which they may have taxed to each non resi- 
dent proprietor of lands, and the value at which 
they may have estimated the same, and such list 
or lists when completed and signed by them or the 
major part of them, to commit to the collector or 
collectors, constable or constables of such city, 
town, district or other place respectively, with a 
warrant or warrants in due form of law, requiring 
them to collect and pay the same to the said 
Treasurer, on or before the first day of April, in 
the year of our Lord one thousand eight hundred 
and thirty, and return a certificate of the names of 
such collector or collectors, constable or consta- 
bles, with the sum which they may be so required 
respectively to collect, to the said Treasurer, some 
time before the first day of December next ; and 
whereas, there are many persons within this Com- 
monwealth engaged in trade, who negotiate much 
business, and hire or occupy shops, and stores, and 
wharves, or either of them, in city, towns, districts, 
or places, other than where they dwell, whose pro- 
perty and ability can be better known to the asses- 
sors of the several towns wherein such business is 
transacted, than to the town, district, or other 
place where they may dwell ; Therefore, 



292 STATE TAX. June 12, 1829. 

faS?' ^''^^'^ Sec. 5. Be it further enacted, That for such 
goods, wares and merchandize, or other stock in 
trade, including stock employed in manufactories, 
ships or vessels, as are sold, used or improved in 
towns, districts or other places, other than where 
the owners thereof may dwell, such owners shall 
be respectively taxed therefor, in such city, town, 
district, or other place : Provided, such person or 
persons do hire or occupy a store, shop or wharf, 
in such city, town, district, or other place, and not 
where they dwell or have their home ; and they 
shall be respectively held to deliver on oath or 
affirmation, if required, a list of their whole tax- 
able estate, to the assessors of the town, district, 
or other place, where they dwelt on the said first 
day of May, distinguishing what part thereof is 
taxable elsewhere, and in default thereof, they may 
be doomed by the said assessors : Provided, that 
this clause shall in no case be so construed as to 
enable the assessors of any town, district, or other 
place, to assess an inhabitant of any other town, 
district, or other place, for any other property 
charged therein, in the last valuation. 

Sec. 6. Be it further enacted, That all persons 

Property exempt, who havc the management of the estates of Harv- 
ard, Williams, and Amherst Colleges, and of the 
Academies established by law respectively, shall 
not be assessed for the same, and that Indians shall 
not be assessed for their polls and estates, nor shall 
the Massachusetts General Hospital, Berkshire 
Medical Institution, or the Boston Atheneum, be 
assessed for any real or personal estate belonging 
to them respectively ; and if there be any persons, 
who by reason of age, infirmity, or poverty, may be 
unable to contribute towards the public charges, 
in the judgment of the said assessors respectively, 
they may exempt the polls and estates of such per- 
sons, or abate any part of what they are assessed, 
as the said assessors may deem just and equitable ; 
Provided however, that nothing contained in this 
act shall be so construed as to prevent the town of 



STATE TAX. June 12, 1829. 293 

Cambridge from taxing the houses or lands belong- 
ing to the Corporation of Harvard College, without 
the College bounds, in their town tax, excepting such 
estates as are occupied by the President of said Col- 
lege, or by any of the Professors,Tutorsor Instructers 
thereto belonging, or by Students or Resident Grad- 
uates, or shall be unoccupied ; or to prevent the town 
of Andover from taxing such real estate belonging 
to the Corporation of Phillips Academy, situated in 
said town, as shall not be under the immediate oc- 
cupation and improvement of said Corporation. 

Sec. 7. Be it further enacted, That the County coumyCom- 

C.i • .• ^- I "^ missioners lo ap- 

ommissioners m their respective counties, when portion Tax. 

duly authorized to assess a county tax, shall ap- 
portion the same on the several towns, districts, 
and other places therein, according to the propor- 
tion at which they are rated in this act, and in the 
assessments of all county, city, town, parish, or so- 
ciety taxes, the assessors of each city, town, dis- 
trict, parish, society, or other place, within this 
Commonwealth, shall govern themselves by the 
rules contained in this act, havino; regard to all 
such alterations of polls and property as may hap- 
pen within the same, subsequent to the assessments 
of the tax laid by this act, excepting such parishes 
and societies for which a different provision for as- 
sessing their taxes is made by law : Provided, that 
no tax shall be assessed on any Minister of the 
Gospel by the Parish or Religious Society of which 
he is the settled Minister : And, provided, that it 
shall be lawful for any city, town, district, parish, 
or society, to make, levy and collect any city, 
county, town, parish, or society tax, according to a 
new valuation, and for that purpose to cause a new 
valuation to be taken therein, at any time of the 
year which they may determine to be necessary, 
at a legal meeting, to be warned for that purpose. 
Provided, also, that the whole amount of poll taxes 
assessed in any one year, on any individual, for 
any city, town, and county purposes, highway tax- 
es excepted, shall not exceed the sum of one dol- 
lar and fifty cents. 



294 STATE TAX. June 12, 1829. 

Tax a lien on gg^. 8. Be it further enacted, That whenever 

estate taxed. i ii i i 

any tax shall be assessed on any real estate, liable 
to taxation, said tax shall be a lien on said estate, 
and if the occupant or reputed owner shall neglect 
to discharge said tax for the term of fourteen days 
after demand made for the same, the person au- 
thorized to collect said tax may proceed in the 
same manner in its collection, from a sale of so 
much of the same as may be necessary for the dis- 
charge of the tax, and all costs incident to the col- 
lection of the same, in the same manner as collec- 
tors of taxes may proceed to collect taxes assessed 
on lands of non resident proprietors. 

Sec. 9. Be it further enacted, That so much of an 
Repeal. Act entitled, " an Act in addition to an Act for the 

choice and appointment of Assessors, and for assign- 
ing their powers and duties," passed February twen- 
ty first, in the year of our Lord one thousand eight 
hundred and twenty four, as provides that the 
Treasurer shall send to the assessors of the seve- 
ral cities, towns, districts, and other places, a suita- 
ble number of blanks for invoice, valuation books, 
and tax lists, be and the same is hereby repealed. 

In the House of Representatives, June 12, 1829. 
Passed to be enacted. 

WM. B. CALHOUN, Speaker. 
In Senate, June 12, 1829. 
Passed to be enacted. 

SAM. LATHROP, President. 
June I2th, 1829. — Approved. 

LEVT LINCOLN. 



LAWS 



COMMONWEALTH OF MASSACHUSETTS, 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE SIXTH 

OF JANUARY, AND ENDED ON SATURDAY, THE THIRTEENTH OF 

MARCH, ONE THOUSAND EIGHT HUNDRED AND THIRTY. 



CHAP. XXVIII. 



An Act granting further time for the payment of 
the last Instalment of the Capital Stock of the 
Globe Fire and Marine Insurance Company. 

iy E it enacted by the Senate and House 
of Representatives^ in General Court assembled^ and 
by the authority of the same, That the Stockholders 
of the Globe Fire and Marine Insurance Company, Time extended 
may and shall have a further time of five years cTpftnu'iock" 
from the date of this act, to pay in the last Instal- 
ment, or twenty-five per centum of the Capital 
Stock of said Company. 

[Approved by the Governor, January 19, 1830. 



298 M. S. IN NEWBURYPORT. Jan. 22, 1830. 



CHAP. XXIX. 

An Act to suspend the operation of " An Act pro- 
viding for the use of Broad Rimmed Wheels." 

IjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the provisions of 
an act passed the eighth day of March, one thou- 
sand eight hundred and twenty-eight, entitled 
" An Act providing for the use of Broad Rimmed 
Wheels," shall have full force and eifect from and 
after the eighth day of March, one thousand eight 
hundred and thirty-two ; and that so much of said 
act as provides for its earlier operation, be, and 
the same is hereby repealed. 

[Approved by the Governor, January 22, 1830.] 



CHAP. XXX. 

An Act in addition to An Act entitled " An Act, es- 
tablishing a Marine Society at Newburyport." 

JjE 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, the "Marine Society of New- 
buryport" shall call their four first officers by the 

Title of officers, style and title of President, Vice-President, Trea- 
surer, and Secretary; and that they shall be em 

Powers granted, powcrcd to make by-laws, to inflict penalties to 
the amount of ten dollars ; and that, in the admis- 
sion of members, two thirds of the votes of all the 
members present shall be requisite to admit a can- 
didate to membership, any thing in the act cstab- 



EDGARTON k TISBURY. Feb, 6, 1830. 299 

lisliing that Society, passed on the eleventh day of 
October one thousand seven hundred and seventy- 
seven, or in their by-laws as at present existing, to 
the contrary notwithstanding. 

[Approved by the Governor, January 22, 1830.] 



CHAP. XXXI. 

An Act in addition to the several Acts in relation 
to the Inspection of Salted or Pickled Fish. 

xSE 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 June next, all Salted or Pickled 
Fish, imported into this Commonwealth, which shall 
have been duly inspected in the State or Country 
in which such Salted or Pickled Fish may have 
been packed, shall not be subject to a reinspection 
in this Commonwealth. 

[Approved by the Governor, January 22, 1830.] 



CHAP. XXXII. 

An Act to establish the Boundary Line between 
the Towns of Edgarton and Tisbury. 

IjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the dividing line Boundary Hd*. 
between the towns of Edgarton and Tisbury shall 
hereafter be as follows, to wit : beginning at the 



300 NEW SALEM & ATHOL. Feb. 5, 1830. 

^ harbour of Holmes' Hole, and running by the mid- 
dle of the Canal, through the beach, and by the 
channel up Lagoon Pond, to a large stone placed 
at the Stepping Stones, (so called), from thence 
north twenty-nine degrees west, five hundred rods, 
to a stone set in the ground on the south side of 
the road leading from Holmes' Hole to Newtown, 
and bearing south, fifty-one rods from Tashmo 
Spring, thence south, about thirteen hundred and 
nine rods to a stake and stones on the north of 
Mill Path, or the road leading from Edgartown to 
Tisbury, thence south five degrees west, seven hun- 
dred and forty-four rods to a heap of stones on 
the middle of Wachaneck, and thence the same 
course to the sea. 

[Approved by the Governor, February 5, 1830.] 



CHAP, xxxin. 

An Act to set off a part of the Town of New Salem 
to the town of Athol. 

JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the following de- 
scribed tract of land in the town of New Salem, 
and County of Franklin, containing about one hun- 
dred and eighty-five acres, together with the fami- 
lies and estates of all persons residing thereon, be 
Land annexed sct ofT and aunexcd to tlic town of Athol, and 
County of Worcester, beginning at a northeasterly 
corner of New Salem, at a stake and stones, thence 
south, four degrees east, two hundred and thirteen 
rods on the line between said towns, to a stake and 
stones ; thence west, four degrees south, about one 
hundred and forty rods, to a heap of stones ; thence 



to Athol. 



BUILDING IN BOSTON. Feb. 5, 1830. 301 

north, four and a half degrees west, two hundred 
and twelve rods, to a stake and stones on the line 
between said towns ; thence on said line east, four 
degrees north, about one hundred and forty rods, 
to the first mentioned corner : Provided, that all Proviso, 
taxes, heretofore assessed or raised, shall be paid as 
if this Act had not passed. 

[Approved by the Governor, February 5, 1830.] 



CHAP. XXXIV. 

An Act in addition to " An Act regulating the 
building with wood within the Town of Boston." 

15E it enacted by the Seriate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, 1 hat so much of the 
act to which this is in addition, and also so much of 
the ninth section of the act, for the protection of 
the City of Boston against fire, passed on the tenth 
day of March, in the year of our Lord one thou- 
sand eight hundred and twenty-seven, respectively, 
as provide that no window or windows shall be 
erected, or made, on the sloping part of the roof 
of such house or building as is described in the 
said acts, be and the same are hereby repealed. 

[Approved by the Governor, February 5, 1830.] 



302 LOWELL FIRE DEP'T. Feb. 6, 1830. 



CHAP. XXXV. 

An Act in addition to An Act, entitled " An Act to 
set off a part of the Town of Stockbridge, and 
annex the same to the Town of West Stock- 
bridge." 

JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the Hne described 
in said act to which this is in addition, shall begin at 
a point in the south line of the Town of Richmond, 
instead of the north line of Richmond as expressed 
in said act. 

[Approved by the Governor, February 6, 1830.] 



" CHAP. XXXVL 

An Act establishing a Fire Department in the 
Town of Lowell. 

Sec. I.JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and by 
the authority of the same, That the Fire Department 
of the Town of Lowell shall hereafter consist of a 
Officers of fire Chief Engineer, and as many Engineers and Fire 
Wardens, not exceeding twelve in number, as the 
selectmen of said town shall annually, on the first 
Wednesday of April, appoint, who shall hold their 
office for the term of one year from the first day of 
May next succeeding their appointment ; also of 
as many Engine men. Hose men, Hook and Lad- 
der men, as said selectmen shall annually, on said 
first Wednesday in April, or as soon after as may 



department. 



LOWELL FIRE DEP'T. Feb. 6, 1850. 503 

be, appoint : Provided, \h^\. the number of fire-men Proviso. 
so appointed shallnotexceedfifty men to each and 
every Hydraulion, thirty-five men to each and every 
common engine, and five men to each and every 
hose carriage, and that the number of hook and 
ladder men shall not exceed fifty, and that the num- 
ber of hose men shall not exceed fifty. 

Sec. 2. Be it further enacted, That the select- 
men of said Lowell shall have power to fill any iccimeii. 
vacancy which may occur at any time in said Fire 
Department, give certificates of all their appoint- 
ments, and fix and ordain, from time to time, the 
powers and duties of the Chief Engineer and En- 
gineers and Fire Wardens respectively, in relation 
to fire engines and all other fire apparatus belong- 
ing to or used in said town, and also to fix and 
ordain, from time to time, such rules and regula- 
tions, as may be deemed expedient for the conduct 
of said Fire Department, and of the citizens present 
at fires, and to annex penalties for the breach of 
any rules or regulations they may so fix and ordain,- 
not exceeding twenty dollars. 

Sec. 3. Beit further enacted. That the Chief P""^""'"/^^"?'- 

T- • J T- • 1 T-- T\r 1 iipers and Fire 

Engmeer and Engmeers and lire Wardens, so ap- wardens, 
pointed, shall have the same powers and authori- 
ties, relative to the pulling down and demolishing 
any house or other building to prevent the spread- 
ing of fires, and also relative to all other matters 
and things aflfecting the extinguishment and pre- 
vention of fires, as fire wardens now by law have. 
And the said town of Lowell shall be liable to pay Liabilities of the 
all such reasonable compensation for damage done to"'"°''Loweii. 
by or consequent upon the directions, or acts of 
said Chief Engineer, Engineers and Fire Wardens 
as other towns in this Commonwealth are liable to 
pay in like cases, for like acts and directions, done 
or given by their Fire Wardens : and all fines and Fines and forfei. 
forfeitures arising within the said town of Lowell S' ''"" '^'''"' 
under the laws of this Commonwealth, relative to 
the extinguishment of, or proceedings at fires, shall 
be distributed in such way and manner, and applied 
40 



304 LOWELL FIRE DEP'T. />6. 6, 1830. 

to such uses as said town of Lowell shall ordain 
and determine, any thing in said laws to the con- 
trary notwithstanding. 

Sec. 4. Be it further enacted, That each and 
Members of Fire evcry member of said Fire Department shall be 
emS"!"'-"'.!^'' exempted from military duty and service in the mi- 
miiiiary duty. ]j|.-g^ ^jp ^j-^^g Commou Wealth, so long as he shall con- 
tinue a member of said Fire Department : and 
every person so exempted shall be holden to pro- 
duce, within thirty days after he shall have been 
appointed a member of said department, and annu- 
ally in the month of April then after, to ihe com- 
manding officer of the militia company within whose 
bounds he may reside, a certificate from one of the 
selectmen of said town of Lowell, setting forth that 
he is a member of said Fire Department. 

Sec. 5. Be it further enacted, That, from and 
after the organization of a Fire Department in said 
town of Lowell, agreeably to the provisions of this 
act, and notice of the same being given in the 
Lowell Journal, published in said Lowell, by the 
selectmen thereof, all the laws of this Common- 
wealth relating to the election and appointment of 
Repeal. Y'lrQ Wardcns, so far as they affect such election 

and appointment in said town, shall be, and hereby 
are repealed. 
, ^ Sec 6. Be it further enacted, That the provis- 

Act to tak6 Buoct ^ ^ 

when accepted ious of this Act shall take effect so soon as the 
cilizeun'f' Lovv-^ same shall have been accepted by a majority of the 
*"• citizens of said Lowell qualified to vote in town 

affairs, at a meeting legally notified for such pur- 
pose, and shall continue in force until modified or 
repealed by the Legislature of this Commonwealth. 

[Approved by the Governor, February 6, 1830.] 



N. BEDFORD & FAIRHAVEN. Feb. 8, 1830. 305 



CHAP. XXXVII. 

An Act in addition to " An Act to Regulate Pilot- 
age from the Sea into New Bedford and Fair- 
haven." 

Jb>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That whenever any 
non-commissioned Pilot shall conduct any vessel 
bound into either of the Ports of New Bedford or 
Fairhaven, so far towards the said Ports, as to in- 
tersect a line drawn from the south part of Noman's 
Land to Seconnet Point, and shall there surrender 
said vessel to either of the Pilots commissioned by 
the Wardens of the Port and District of New Bed- 
ford, as is provided by the act to which this act is 
in addition, the said non-commissioned Pilot shall pii„ta,re how 
receive one fourth of the sum provided by said p^'<^- 
act, to be paid for piloting a vessel from sea 
into the harbour of New Bedford and Fairhaven, 
which sum, so allowed, shall be deducted from the 
amount allowed to the Warrant Pilot by the fifth 
section of the act aforesaid, so that the sums paid 
to both Pilots shall not exceed the whole sum pro- 
vided by said act to be paid for piloting a vessel 
from sea into the harbours of New Bedford and 
Fairhaven. 

[Approved by the Governor, February 8, 1830.] 



306 



C. PARISHES IN DEERFIELD. Feb. 9, 1830. 



CHAP. XXXVIII. 

An Act concerning the two Congregational Par- 
ishes in Deerfield. 



authorized to 
mdke irausler, 



Proviso. 



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 first Congre- 
tionli soc^ly"^ gational Parish in Deerfield, be, and hereby is, au- 
thorized to assign and transfer to the second Con- 
gregational Parish in said town, so much of the 
ministerial fund therein, as amounted, on the first 
day of June last, to the sum of one thousand eight 
hundred and seventy-five dollars : Provided, that at 
the time of such assignment and transfer, the said 
second Parish shall join with the settled Minister 
of said Parish, in relinquishing to said first Parish, 
all claims and demands to the property, whether 
real or personal, heretofore sequestered and appro- 
priated to the use of the Ministry in said town, and 
to the Ministerial fund aforesaid ; and from and 
after the time when such assignment, transfer, and 
relinquishment shall be made, the fifth section of 
an act entitled " An Act to incorporate the Second 
Parish in the town of Deerfield," passed on the 
twelfth day of June, in the year of our Lord one 
thousand eight hundred and eighteen, shall be, and 
hereby is repealed. 

Sec. 2. Be it further enacted. That the Treasurer 
of the said town of Deerfield be, and hereby is au- 
thorized and empowered, to make such assignment 
and transfer of any promissory notes, made payable 
to the inhabitants of the said town, and of any mort- 
gages of real estate, given as collateral security for 
the payment of such notes belonging to said fund, by 
writing, under his hand and seal, to the amount of 
the sum in the first section of this act mentioned, 
or such assignment and transfer may be 'made by 
one or more of the Committee having the care and 



Town Treasurer 
empowered lo 
transfer notes, 



C. PARISHES IN DEERFIELD. Feb. 9, 1830. 307 

management of said fund, either of which modes 
shall have the effect and operation of vesting fully 
and completely in said second Parish, all right and 
title to, and interest in, such notes and mortgages, 
and with the same effect, as though said notes and 
mortgages had been originally made and given to 
said second Parish ; and the amount so assigned to 
said second Parish, shall be, and hereby is, appro- 
priated to the use of the Ministry in said Parish. 

Sec. 3. Be it further enacted^ That the settled 
Minister of said second Parish be, and hereby is wmifter of sec- 

' r- • °''" rarish au- 

authorized and empowered, with the assent of said thorised to exe- 
Parish, to be expressed by a Committee thereof, ^"^ 
appointed, or to be appointed therefor, to make 
and execute, in behalf of said second Parish, a 
deed of relinquishment to said first Parish, of all 
right, title, and interest, in and to all estate, whe- 
ther real or personal, heretofore sequestered and 
appropriated to the use of the Ministry in said town 
of Deerfield, and to the fund aforesaid. 

Sec. 4. Be it further enacted, That the said first 
Parish may appropriate and use hereafter, the in- First Parish may 
terest annually arising on or from said fund, to- fere«.''"*'* '" 
ward the annual parochial charges and expenses 
of said Parish. 

Sec. 5. Be it further enacted, That an act pass- 
ed the fourteenth day of February, one thousand Repeal- 
eight hundred andr three, establishing said fund, 
and an act in addition thereto, passed the eleventh 
of February, in the year of our Lord one thousand 
eight hundred and seven, be, and the same hereby 
are repealed. 

[Approved by the Governor, February 9, 1830.] 



308 



ALEWIVES, &c. IN IPS. RIV. Feb. 10. 1830. 



Trustees autho- 
rized to apply 
funds with con- 
seat of donors. 



CHAP. XXXIX. 

An Act in addition to an Act entitled " An Act to 
Incorporate the Trustees of the Sheldon English 
and Classical School ot" Southampton." 

JdE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the] same, That the Trustees of 
the Sheldon English and Classical School at South- 
ampton, be, and they hereby are authorized to ap- 
ply a sum, not exceeding one thousand dollars, of 
the funds of the said Institution, to discharge the 
debts of the same, incurred in the erection of suit- 
able buildings, and purchase of apparatus for the 
said Institution : Provided, the assent, in writing, 
of the donors of the said funds be first obtained, 
and filed with the Clerk of said Corporation. 

[Approved by the Governor, February 10, 1830.] 



CHAP. XL* 

An Act in addition to the Acts to prevent the de- 
struction, provide a passage, and regulate the 
taking of Alewives, and other Fish, in Ipswich 
River. 



Sec. 1. -DE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That, instead of the 
passage ways now required by law for the fish to 
pass Warner's Dam and Farley's Dam, in Ipswich, 
the owners of the said Dams, their successors and 



ALEWIVES, &LC. IN IPS. RIV. Feb. 10. 1830. 309 

assigns, shall make, and keep in good repair, a 
fishway, at the northerly end of each of said Dams, 
of the following dimensions and description: the ^be'^^^iVucted. 
said fishways shall be constructed of solid stone 
work, and shall form an inclined plane, running 
down stream twenty feet, and shall be five feet 
wide at the bottom of the same ; at the top of 
said ways there shall be an opening in the said 
Dams of six feet in width, and not less than eight 
inches in depth below the top of the cap piece of 
each of said Dams, and the top of the said ways 
shall be on a level with the bottom of the said open- 
ing in said Dams, and there shall be a curb of not 
less than eighteen inches in height on each side of 
the said ways, at the termination of which a chan- 
nel shall be made of at least one foot in depth, and 
five feet In width, communicating with the channel 
in the river, and the said ways shall be kept open 
and in good repair at all times from the tenth day 
of April to the first day of June in each year. 

Sec. 2. Be it further enacted, That each and 
every person who shall, from and after the tenth 
day of April to the first day of June, annually, take • 
any of the fish called Shad or Alewives, in said 
River, or any of the streams running into the same, 
except on Monday and Wednesday in each week 
during said term, shall forfeit and pay, for every 
such ofience, the sum of five dollars, to be recov- Penalty. 
ered by action of debt, in any Court proper to try 
the same, to the sole use of him who may sue for 
said forfeiture. 

Sec. 3. Be it further enacted, That so long as the owners of Dams 
owners of the said Dams, their successors and as- "h'Jr.'^'^'"^!!! 
siijns, shall keep open the said courses or passagre- '^ey keep open 

^ 1 • 1 • • V' • 1 passage-ways. 

ways, and m good repair, in manner as aforesaid, 
they shall not be subject to the penalties or restric- 
tions provided in the first section of an act passed 
March twenty-eighth, one thousand seven hundred 
and eighty-eight, entitled " An Act to prevent the 
destruction of Alewives and other Fish, in Ipswich 
River, and to encourage the increase of the same." 



510 SHAD IN MATTAPOISETT R. Feb. 10, 1830. 

This act to be in force from and after the first day 
of July next. 

[Approved by the Governor, February 10, 1830.] 



CHAP. XLl. 

An Act for the preservation and regulating the tak- 
ing of Shad in Mattapoisett River in the Town 
of Rochester. 

ijE it enacted by the Senate and House 
of Representatives^ in General Court assembled, and 
by the authority of the same, That the penalties, re- 
medies, provisions, and laws, enacted, and now in 
force, for the preservation of the fish called Ale- 
wives, in Mattapoisett River, in Rochester, in the 
County of Plymouth, and for the regulating the 
taking said fish in the said River, be, and the same 
hereby are extended to Shad in said River, and the 
pond from which said River issues. 

[Approved by the Governor, February 10, 1830.] 



HOPLAND S. DISTRICT, Feb, 12, 1830, 511 



CHAP. XLII. 

An Act in addition to " An Act regulating the Pi- 
lotage for the Harbour of Boston." 

13 E it enacted by the Senate and House 
of Rtpresentatives, in General Court assembled, and 
by the authority of the same, That all acts, or parts 
of acts, inconsistent with, or contravening any of 
the provisions of an act passed on the eleventh day 
of June, in the year of our Lord one thousand eight 
hundred and twenty-nine, entitled " An Act to 
regulate the Pilotage for the Harbour of Boston," 
shall be, and continue in full force, until the first 
day of May next, any thing in said act to the con- 
trary notwithstanding : Provided, however, that the Proviso. 
Governor, by and with the advice of the Council, 
may appoint and commission the Pilots as in said 
act contemplated, at any time before said first day 
of May next. 

[Approved by the Governor, February 11, 1830.] 



CHAP. XLIII. 

An Act in addition to an Act entitled " An Act for 
incorporating a certain part of the Town of Lee 
into a School District by the name of the Hop- 
land School District." 

Sec. 1. xSE it enacted by the Senate and House 

of Representatives, in General Court assembled, and 

by the authority of the same, That the said District 

is hereby authorized and empowered, at any district 

41 



512 



CHAR. FIRE ASSOCIATION, Feb. 13, 1830. 



Powers granted, meeting, legally called for that purpose, to divide 
snid district into as many School Districts as from 
time to time may be deemed necessary, and to de- 
termine and define the limits of said School Districts. 
Sec. 2. Be it further enacted, That the provisions 
of an Act entitled " An Act to provide for the In- 
struction of Youth," passed on the tenth day of 
March, in the year of our Lord one thousand eight 
hundred and twenty-seven, be, and the same are 
hereby extended, and made applicable to the said 
Hopland School District, and to the several dis- 
tricts into which the same may be hereafter divid- 
ed, any thing in the acts to which this in addition, 
to the contrary notwithstanding : Provided, how- 
ever, that the Committee chosen for the purpose of 
improving and leasing the school lands of the said 
Hopland School District, shall be authorized to do 
and perform the several acts and duties, which the 
Selectmen of towns are authorized by the aforesaid 
act to do and perform. 



Act extended. 



Proviso, 



[Approved by the Governor, February 12, 1830.] 



CHAP. XLIV. 

An Act to incorporate the Charitable Association 
of the Boston Fire Department. 



Persons incorpo- 
rated. 



Name. 



Sec. 1. IjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Edward G. Pres- 
cott, George Dearborn, and Jonathan A. Davis, 
with their associates and successors, be, and they 
hereby are incorporated, by the name of the Char- 
itable Association of the Boston Fire Department, 
for the purpose of affording relief to such of their 
members as may at any time receive injury in the 



CHAR. FIRE ASSOCIATION. Feb. 13, 1830. 313 

discharge of their duties, as members of the Bos- 
ton Fire Department, or to their families, in the 
event of their decease, and by that name may sue 
and be sued, and may have and use a common 
seal. 

Sec. 2. Be it further enacted, That the said Cor- M^yh^y real 
poration may receive and take by purchase, grant, «"<' personal 
devise, bequest, or donation, any real or personal 
property, and hold the same for the purposes afore- 
said, and may manage and dispose of the same ac- 
cording to their discretion: Provided, that the Proviso, 
whole amount of the real and personal property 
held and possessed by the said Corporation shall 
never exceed, in value, at any one time, the sum 
of one hundred thousand dollars. 

Sec 3. Be it further enacted, That the said Cor- May make by- 
poration may make and establish such hy-laws and *' 
regulations for the government of said Corpora- 
tion, as they may think proper : Provided, the proviso. 
same are not repugnant to the laws and Constitu- 
tion of this Commonwealth; and may choose and 
elect all necessary and convenient officers, who 
shall have such powers and authority, as the said 
Corporation may think proper to prescribe and 
grant to them, and who shall be elected, in such 
manner, and for such periods of lime, as the by- 
laws of said Corporation may direct. 

Sec. 4. Be it further enacted, That Edward G. 
Prescott, above named, be hereby authorized to 
call the first meeting of said Corporation, by cans- Firsimeeting. 
ing a notification thereof to be published, two 
weeks successively, in any two of the newspapers 
printed in the City of Boston. 

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, February 13, 1830.] 



314 



NANTUCKET INS. CO. 



Feb. 13, 1830. 



CHAP. XLV. 

An Act to authorize the Nantucket Union Marine 
Insurance Company to reduce its Capital Stock. 



Mny reduce 
capital Slock 



Proviso. 



Sec. I.JdE it enacted by the Senate and House 
of Representatives, in General Court asstm.bied, and 
by the authority of the same, That the Nantucket 
Union Marine Insurance Company be, and they 
hereby are authorized, to reduce the Capital Stock 
of said Corporation to fifty thousand dollars, and 
to divide the excess among the Stockholders, in 
proportion to their respective shares, in such way 
and manner as a major part of the Stockholders, 
at a meeting to be called for that purpose, shall 
decide : Provided, however, that this act shall not 
have force or effect, until the said Corporation 
shall, either by reassurance in some incorporated 
Company, or by compromise with the assured, have 
protected, or relieved itself from all its risks, out- 
standing at the time of the passage of this act. 

Sec. 2. Be it further enacted. That no contracts 
whatever, heretofore made by said Corporation, 

JLTiTbeTSd ^^^^^^ ^® ^" ^"y i^^""er affected or impaired by 

by rpd.iciion of gaid rcductiou and division. 

capua sloe . ^^q, 3. Be it further enacted, That said Corpora- 

tion shall not take any sum, upon any one risk, ex- 
ceeding ten per centum on the amount of its re- 
duced capital, from and after the passing of this 
act. 



[Approved by the Governor, February 13, 1830.] 



INSPECTION OF SALT. Feb. 16, 1830. 315 



CHAP. XLVI. 

An Act to provide for the Inspection of Salt manu- 
factured in this Commonwealth. 

Sec. I.XjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That there shall be 
three Inspectors General of Salt manufactured in 
this Commonwealth, who shall be well skilled in 
the manufacture, and have a competent knowledge 
of the quality thereof ; one for the county of Barn- 
stable and Dukes County; one for the county of 
Bristol; and one for the remaining counties of this 
Commonwealth ; to be appointed by the Governor, , . -. 

. ' II r•^ ■ Inspectors Gene- 

with the advice and consent of the Council, and to rai,howappoii.t- 
be by them removable at pleasure ; and who, be- 
fore they shall enter upon the discharge of their 
duties, shall give bond with sufficient sureties to 
the Treasurer of the Commonwealth, in the penal 
sum of two thousand dollars, for the faithful dis- 
charge of their duties, and shall also be sworn 
faithfullv to perform the same. And such Inspec- , . ^ 

- 1 r, Insppctors G«ne- 

tors General shall have power, when so qualihed, rai shaii appoint 
to appoint, and shall appoint, within their respec- *'p''^'^'' 
tive limits and removable at their pleasure, a num- 
ber of deputies sufficient in their judgment to exe- 
cute the i)rovisions of this act, for whom they shall 
be respectively answerable, and shall take bonds 
from them with sufficient surety or sureties, and 
they shall also be sworn to the faithful discharge of 
their duties. And the Inspector shall receive of inspectors Fees. 
the manufacturer of salt, for his services, each and 
every time application may be made to him to in- 
spect a quantity of salt, twenty cents upon each 
and every ten thousand superficial feet of salt 
works with covers, and half that sum when the 
works have no covers, in which he may so inspect, 



316 



INSPECTION OF SALT. 



Feb. 16, 1830. 



Proviso. 



Proviso. 



Duly of Manu- 
faclurer and In- 
spector. 



and at the same rate for a greater or smaller num- 
ber of feet. Provided, however, that when the salt 
works in which said salt is to be inspected are of 
the brush-work construction, the Inspector shall 
be entitled to receive of the manufacturer of salt 
for his services, each and every time application 
may be made to him to inspect a quantity of salt, 
twenty cents for each and every one thousand su- 
perficial feet of salt vats in which he may inspect 
said salt, and at the same rate for a greater or 
smaller number of feet. And the Inspectors Gene- 
ral shall be entitled to receive of their respective 
deputies twelve per centum of all sums which they 
may receive under the provisions of this act, and 
no more. Provided however, that the several In- 
spectors General shall appoint one or more deputy 
inspectors in each and every town in this Common- 
wealth where any salt works are located, and in 
case no person is found willing in any town to ac- 
cept the office, then the said Inspector General 
shall make his appointment for such destitute town, 
in one of the nearest adjoining towns. 

Sec. 2. Be it Jurther enacted, That when any 
manufacturer shall be prepared to remove any salt 
from his vat or vats, he shall, before removing the 
same, apply to the inspector within whose limits 
the salt works may be situate, to inspect the same, 
and said inspector shall proceed, before such salt 
shall be removed from the vat or vats, to inspect it; 
and if in his judgment it be necessary in order to 
ascertain its quality, he shall cause the impure brine 
which may be in the vat or vats with the salt to be 
inspected, to be drawn off, and after having caused 
the salt in said vat or vats to be broken up, he shall 
cause said vat or vats to be supplied with a suffi- 
cient quantity of new brine, to purify said salt and 
enable him to ascertain the quality thereof; and 
said new brine shall remain in said vat or vats, not 
less than twenty-four hours, and if, after this pro- 
cess the inspector shall approve the quality of tho 
salt so inspected, he shall forthwith give to the 



INSPEGTION OF SALT. Feb. 16, 1830. 817 

manufacturer a permit to remove the said salt, 

which permit shall be written or printed. And if Penalty for re- 

any person or persons shall take, or cause to be fbrJ'i",fpmion,' 

taken, any salt from any salt works within this °,U7j*'X'f ii^ 

Commonwealth, which shall not have been in- specuon. 

specied in the manner prescribed by this act, or 

shall, if the weather be suitable for that purpose, 

neglect for the space of forty-eight hours after it 

shall have been so inspected, to remove the same, 

he or they shall forfeit and pay for each and every 

offence, a sum not exceeding fifty dollars, nor less 

than fifteen dollars : Provided, that no inspector Proviso. 

shall inspect any salt of which he is the sole or part 

owner. 

Sec. 3. Be it further enacted, That if any In- 
spector as aforesaid, shall upon application made Penalty of in- 
for the inspection of any salt within his prescribed I'ecT*"^ ""^"^^ 
limits, unreasonably refuse, neglect, or delay to 
proceed to such inspection for the space of three 
hours after application made to him, the inspector 
so refusing, neglecting, or delaying to make such 
inspection, shall for each offence forfeit ten dollars. 

Sec. 4. Be it further enacted. That the penalties ppnj,,,i„ j,ow 
provided in this act, may be recovered by action recovered. 
of debt, in any Court proper to try the same, for 
the use of the complainant. 

Sec 5. Be it further enacted, That this act shall 
not have force or effect until from and after the 
twentieth day of February, eighteen hundred and 
thirty. 

[Approved by the Governor, February 16, 1830.] 



518 PICKLED FISH. Feb. 18. 1850. 



CHAP. XLVII. 

An Act in addition to an Act, entitled "An Act to 
prevent fraud and deception in the Packing of 
Pickled Fish, and to regulate the size and qual- 
ity of the casks and the sale and exportation 
thereof, within and from this Commonwealth, 
and to repeal all laws heretofore made on this 
subject." 

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 
passage of this act, the Inspector General, or his 
Deputies, shall be paid, for each and every barrel 
of Pickled Fish, which he or they may inspect and 
brand, the sum of nine cents, and for every half 
barrel of Pickled Fish, so inspected and branded, 
the sum of six cents, exclusive of cooperage ; and 
the Inspector General shall be entitled to receive 
from his Deputies, respectively, one cent, and no 
more, for each barrel, and one half of a cent for 
each half barrel of Pickled Fish which said Depu- 
ties may inspect and brand, any thing in the act to 
which this is in addition, or in the act passed Feb- 
ruary twenty-sixth, in the year of our Lord one 
thousand eight hundred and twenty-five, regulating 
certain fees of the said Inspector and Deputies, to 
the contrary notwithstanding. 

[Approved by the Governor, February 18, 1830.} 



WRENTHAM & ATTLEBORO'. Feb. 18, 1830. 319 



CHAP. XLVIII. 

An Act to establish the boundary line between the 
towns of Wrentham and Attleborough. 

i3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the following de- Boundary line. 
scribed line be, and the same is hereby established, 
as the dividing line between the towns of Wren- 
tham in the county of Norfolk, and Attleborough 
in the county of Bristol, viz : Beginning at a point 
in the western boundary of this Commonwealth, 
where the exterior lines of said towns meet, thence 
running an easterly course sixty-eight chains to a 
Stone Monument or Dagon, (so called,) thence 
north sixty-nine degrees east, three hundred and 
nineteen chains, to a stake and stones on the cor- 
ner of the towns of Wrentham, Foxborough, Mans- 
field and Attleborough, the same being the Ancient 
Colony line (so called) of the Plymouth Colony; 
and that all the inhabitants, with their lands and 
estates, being north of said line, be, and the same 
hereby are annexed and confirmed to the said town 
of Wrentham, to enjoy all the rights and privileges 
and be subject to all the liabilities of the other in- 
habitants of said town : Provided nevertheless, that Proviio. 
such inhabitants shall be holden to pay all taxes 
which have been legally assessed upon them by the 
said town of Attleborough, in the same manner as 
though this Act had not been passed. 

[Approved by the Governor, February 18, 1830.] 

42 



320 



GATES ACADEMY. 



Feb. 18, 1830. 



CHAP. XLIX. 



An Act to incorporate the Proprietors of Gates 
Academy. 

Sec. I. JdE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Daniel Stevens, Eh 
Persons incorpo- Ricc, Caleb Wethcrbec, their associates, succes- 
^^^^^' sors and assigns, be, and they hereby are created a 

body politic and corporate, by the name of the 
Proprietors of Gates Academy in the Town of 
Marlborough, in the County of Middlesex, for the 
purpose of educating youth in the liberal arts and 
Powers, &c. scicuces ; and the said Corporation shall have 
power from time to time to choose a Clerk and such 
other officers as they may judge necessary, may 
have a common seal, which they may alter at their 
pleasure, may make contracts, sue and be suedy 
in all actions, and prosecute and defend the same 
to final judgment and execution ; and may make 
and establish any by-laws, rules and regulations, 
for the government of their affairs, for the division 
of their property into shares, and for the sale and 
transfer thereof: Provided, the same are not re- 
pugnant to the constitution and laws of this Com- 
monwealth. 

Sec. 2. Be it further enacted, That all gifts, be- 
Gifts, &c. here- qucsts and dcviscs, hcrctoforc made for the pur- 
tofore made to p^gg q^ erectiuff Or establishing an Academy as 

be confirmed to I & O ■ t -rt. • 

proprietors. aforcsaid, shall be confirmed to the said Proprie- 
tors, or to the Trustees hereinafter appointed, and 
their successors, for the uses expressed in the in- 
strument by which any such gift, bequest, or devise, 
has been made, and the said Corporation may law- 
fully take and hold by gift, grant, bequest, devise, 
or otherwise, any real or personal estate for the 
purpose aforesaid : Provided, the annual income of 
the same shall not exceed five thousand dollars. 



Proviso. 



GATES ACADEMY. Feb. 18, 1830. 321 

Sec. 3. Be it further enacted, That the said Cor- 
poration may from time to time, at any legal meet- 
ing called for that purpose, assess upon each share corporation may 
in the capital stock, such sum or sums of money as ^'*^*'' 
they may judge expedient for the objects of the 
Corporation, and defraying the expenses thereof, 
to be paid to the Treasurer at such times as they 
may direct ; and if any Proprietor shall neglect to 
pay any such assessment for the space of fifteen 
days after such time of payment, it shall be lawful 
for the Treasurer to sell at public vendue such part 
of the shares of such delinquent proprietor as may 
be sufficient to pay such assessments, with inci- 
dental charges, giving notice of the time and place 
of sale, and the sum due on each share, by posting 
up notice thereof, in the Town of Marlborough, 
thirty days at least before the day of sale thereof, 
and by publishing the same, three weeks succes- 
sively, before the day of sale, in some newspaper 
printed in the said County of Middlesex, and such 
sale shall be a legal transfer of the share or shares 
so sold to the purchaser as aforesaid. 

Sec. 4. Be it further enacted, That Sylvester F. Board of Tms- 
Bucklin, Seth Alden, Heman Seaver, William Dra- S'^''^^"'"'' 
per, William Gates, Benjamin W. Hildreth, Rich- 
ard Farwell, Joseph Allen, Joseph Davis and Jero- 
boam Parker, together with such others, as may 
from time to time be nominated and elected in the 
manner hereinafter prescribed, (the whole number, 
at any time not to be less than nine nor more than 
thirteen) be, and hereby are, constituted a Board 
of Trustees, whose duty it shall be to manage all 
the property of the said Proprietors, and to apply 
all monies which shall be raised by assessment or 
otherwise to the objects for which the same shall 
have been raised ; to commence, prosecute, or de- 
fend to final judgment and execution, any action, 
when the same shall be deemed necessary to pro- 
tect or enforce the rights of the said Proprietors or 
Trustees ; to choose a Treasurer, who shall give 
bond to the said Proprietors, with three such sure- 



322 GATES ACADEMY. Feb. 18, 1830. 

ties, and in such penal sum, as shall be approved 
by a majority of the Trustees, with conditions for 
the right use, application and management of all 
monies or other property committed to his trust, 
and to render an account of the state of the Trea- 
sury, and of his receipts and disbursements,fto the 
said proprietors, at their annual meeting ; to act as 
visiters and governors of said Academy; to elect and 
contract with teachers, and prescribe their duties ; 
and to make and ordain by-laws for the regulation 
of their meetings and business, and reasonable rules 
and orders for the government and discipline of said 
Proviso. Academy : Provided, the same be not repugnant 

to the constitution and laws of this Commonwealth. 
And the said Trustees may, when necessary for the 
purposes aforesaid, make use of the corporate name 
and seal of the said proprietors ; and all vacancies 
which now exist, or may hereafter happen, in the 
Board of Trustees, shall be filled by the said pro- 
prietors from the candidates who shall be nominat- 
ed by the Board of Trustees for the time being. 
Sec. 6. Beit further enacted, That each member 

of said Corporation shall be entitled to as many 

to as many voles votcs as hc shall hold sharcs, and may vote by 
shared ^^""^ proxy, and may transfer his share or shares with the 
consent of the said proprietors, at any meeting 
thereof. 

Sec. 6. Be it further enacted. That any one of 
First meeiing. the pcrsous named in this Act may call the first 
meeting of the said Corporation, by giving person- 
al notice of the time and place of meeting to each 
proprietor, ten days before the day of such meeting. 
Sec. 7. Be it further enacted. That this Act may 
be altered or repealed by the Legislature, at any 
time hereafter. 

[Approved by the Governor, February 18, 1830.] 



PONTOOSAC TURNPIKE. Feb. 19, 1830. 323 



CHAP. L. 

An Act in addition to " An Act to Incorporate the 
Hampshire and Hampden Canal Company." 

-DE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That any share or shares 
of any member or members of the Corporation of 
the Hampshire and Hampden Canal Company, 
may hereafter be transferred on the books of said 
Company, by writing, without deed, in a book to 
be kept by the Treasurer for that purpose, and in 
such form as may be prescribed by the said Corpo- 
ration, any thing in the act to which this is in addi- 
tion, to the contrary notwithstanding. 

[Approved by the Governor, February 18, 1830.] 



CHAP. LI. 

An Act in addition to an Act entitled " An Act to 
establish the Pontoosac Turnpike Corporation." 

Sec. 1. -DE 1^ enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the County Com- 
missioners for the County of Hampden, be, and coumy com 
they hereby are authorized to examine, accept, and -^g""^ ^"'''"'^ 
establish the Turnpike road constructed by the '^°^'' 
Pontoosac Turnpike Corporation, and passing 
through parts of the Counties of Berkshire, Hamp- 
shire and Hampden, and that said Commissioners 
are further authorized to fix the location of the toll 
gates on the same. 



mis- 
jr- 
to accept 



324 TAXATION OF COSTS. Feb. 22, 1830. 

Sec. 2. Be it further enacted, That said Commis- 
sioners are hereby authorized to accept and estab- 
lish said road, although the travelled path thereof 
in some places, (not exceeding, however, twenty 
rods in length in any one place) may not be more 
Proviso. than sixteen feet in width ; Provided, such width 

shall by them be deemed sufficient for the public 
convenience and necessity. 

[Approved by the Governor, February 19, 1830.] 



Costs, how tax- 



CHAP. LII. 

An Act concerning the Taxation of Costs. 

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 in any case now 
pending, or which may be pending in the Supreme 

^d.'"'""" '"* Judicial Court, or Court of Common Pleas, in which 
final judgment shall be rendered, and the prevail- 
ing party shall by law be entitled to costs, he may 
have execution for his debt or damage and costs, 
or for costs only, as the case may be, according to 
the taxation of costs by the Clerk of the Court in 
which such judgment shall be rendered ; and it 
shall be the duty of the respective Clerks of said 
Courts to issue execution accordingly, after the 
lapse of twenty-four hours from the time of the ren- 

proviso. dition of such judgment: Provided, however, that 

if the adverse party shall appeal from such taxa- 
tion and allowance, and claim the decision of the 
Court thereon, the same shall be heard and deter- 
mined at the term of the same Court for the same 
county, next succeeding the term thereof in which 
such final judgment may have been rendered, un- 
less the party against whom such appeal shall be 



MANUFACTURING CORP. Feb. 23, \SSO. 325 

claimed shall prefer to have such appeal heard and 
determined by a Judge of the same Court, accord- 
ing to the rules of the Court ; and shall give notice 
thereof, in writing, to the partyxlaiming such appeal, 
his agent or attorney, and of the time and place of 
such hearing, all which may be done : And further Proviso. 
provided, that if such prevailing party shall take out 
execution for such costs without a hearing before 
such Court or Judge, after such appeal shall have 
been made, he shall first give bond to the adverse 
party, with sufficient surety or sureties, to be ap- 
proved by the Clerk, in a penal sum to the amount 
of such costs, the condition of which bond shall be 
that the same shall be void if he shall perform the 
order of Court on such appeal. 

Sec. 2. Be it further enacted, That the Court be- 
fore which a hearing may be had, after the giving 
of bond as aforesaid, may allow costs for the same 
at their discretion, and execution shall be issued 
therefor accordingly. 

[Approved by the Governor, February 22, 1830.] 



CHAP. LIII. 

An Act defining the general powers and duties of 
Manufacturing Corporations. 

Sec. 1. JdE it enacted by the Senate and House 
of Representatives, in General Court assetnbled, and 
by the authority of the same, That all Corporations 
that may hereafter be established within this Com- fcc"^"^* no**"/ 
monwealth, for the purpose of carrying on any kind 
of manufacture or manufactures, shall, from time 
to time, choose a President, who may be one of 
the Directors ; a Clerk, who shall be sworn by some 
Justice of the Peace to the faithful discharge of his 



326 MANUFACTURING CORP. Feh. 23, 1830, 

duties, and who shall record all the votes of the 
Corporation in a book to be by him kept for that 
purpose ; a Treasurer, who shall give bonds in such 
manner, and in such sums, as any such Corpo- 
ration shall direct ; and such Directors, not less 
than 'three in number, and such other agents and 
factors as shall be thought necessary and conven- 
ient for their regular government, and to carry into 
effect the several objects for which any such Cor- 
porations may be established ; and may make and 
establish any rules and by-laws for the regulation 
and government of said Corporations, with reason- 
able penalties for the breach thereof, not exceed- 
ing twenty dollars, and the same at their pleasure 
may repeal and annul : Provided, that such rules 
and by-laws shall not be repugnant to the constitu- 
tion and laws of this Commonwealth. 

Sec. 2. Be it further ewadec?,That a majority of the 
persons named in the act of incorporation may call 

First meeting. ^|^g f^j-g^ meeting of the Corporation, by giving no- 
tice of the time and place of meeting, in some news- 
paper printed in the County where the manufacto- 
ry shall be established, at least fourteen days before 
the time of meeting ; and if no paper is printed 
within the County, then public notice, as aforesaid, 
shall be given in a newspaper printed in some ad- 
joining County. 

Sec. 3. Be it further enacted, That the amount 

Capital Stock to ^f ^]^g capital stock of every such Corporation shall 

be fixeil and lim- r^. ii--ii-i 

ited, divided into bc fixcd aud limited, and divided into shares at its 
s arcs, c. g^^^ meeting, and a record thereof made by the 
Clerk; and the shares shall be numbered in pro- 
gressive order, beginning at number one; and every 
original member of such Corporation shall have a 
certificate under the seal of the Corporation, and 
signed by the Treasurer, certifying his property in 
such share or shares as shall be expressed in such 
certificate. And every such Corporation shall have 
power, at any meeting called for that purpose, lo 
increase its capital stock, and the number of shares 
therein : Provided, however, that such increase shall 



MANUFACTURING CORP. Feb. 23, 1830. 327 

be within the amount authorized by its act of in- 
corporation. 

Sec. 4. Be it further enacted, That any share or 
shares may be ahenated by the proprietor thereof, ai-g.^aiecT&c''^ 
by a deed under his hand and seal acknowledged 
before some Justice of the Peace, and recorded by 
the Clerk of the Corporation, in a book to be kept 
for that purpose ; and any purchaser named in such 
deed, so recorded, shall, on producing the same to 
the Treasurer and delivering to him the former 
certificate, be entitled to a new certificate in form 
aforesaid. 

Sec. 5. Be it further enacted, That any such 
Corporation may, from time to time, at any legal 
meeting called for that purpose, assess upon each corporation may 

1 1 ^ r iii,-i assess shares.&c. 

snare such sum or sums ot money as shall be judg- 
ed by such Corporation necessary for accomplish- 
ing the objects of the incorporation, to be paid to 
the Treasurer, at such time or times, and by such 
instalments, as shall be directed by the Corpora- 
tion ; and if the proprietors of nny share or shares 
shall refuse or neglect to pay any tax or assessment, 
duly voted and agreed on by the said Corporation, 
for the term of thirty days after the time set for the 
payment thereof, the Treasurer of such Corpora- 
tion is hereby authorized to sell at public vendue 
the share or shares of such delinquent proprietor, 
sufficient to pay all taxes and assessments which 
may be then due from said proprietor, with all ne- 
cessary and incidental charges, after having given 
public notice in some newspaper, printed in the 
County where the manufactory is established, if 
any is printed therein, otherwise in some adjoining 
County, of the time and place of sale, with the sum 
due on each share, at least three weeks succes- 
sively before the sale ; and a deed of the share or 
shares so sold, made by the Treasurer of the Cor- 
poration, acknowledged and recorded as herein be- 
fore provided, shall transfer said shares to the pur- 
chaser, who shall also be entitled to a certificate in 
the form prescribed in the third section of this Act. 
43 



328 MANUFACTURING CORP. Feb, 23, 1830. 

Sec. 6. Be it further enacted^ That each and 

every member of every such Corporation shall be 

for ainkbts and jointly and severally liable for all debts and con- 

contracis until tracts made by such Corporation, until the whole 

capital stock pi -i i r- i it-i* 

shall have been amount ot the Capital stock, fixed and limited m 

''^"' '" manner aforesaid, by said Corporation, shall have 

been paid in, and a certificate, stating the amount 
so fixed and limited, and actually paid in, signed 
and sworn to by the President, Treasurer, Clerk, 
and a majority of the Directors, shall have been 
filed and recorded in the Registry of Deeds for the 
County wherein such manufactory shall be estab- 
lished ; and it shall be the duty of the oflicers afore- 
said, to make, file, and cause to be recorded, in 
manner aforesaid, such certificate, and also a simi- 
lar certificate of any addition to such capital stock, 
that may be agreed upon and actually paid in, 
within thirty days from the payment of the last in- 
stalment of such capital stock, and of any such 
addition thereto respectively ; and in default or 
neglect thereof, the said officers shall each and 
every one of them be jointly and severally liable for 
all debts of said Corporation, contracted between 
the expiration of said thirty days and the time said 
certificate shall be made, filed and recorded as 
aforesaid. 

Sec. 7. Be it further enacted, That, after a certi- 
ficate of the original amount of the capital stock, 
fixed and limited as aforesaid, and of the actual 
payment of the same, has been filed and recorded 
in the Registry of Deeds in the manner prescribed 

Members not lia- in the forcgoing scction, no member o£ such Cor- 
^' ^' poration shall be liable to have his person or pro- 

perty taken on any writ or execution against such 
Corporation, except in the manner and for the 

Proviso, causes herein provided : Provided, such Corpora- 

tion shall give notice, annually, in some newspaper 
printed in the County where such manufactory is 
established, and in case no paper is printed therein, 
then in some newspaper in any adjoining County, 
of the amount of all assessments voted by said Cor 



MANUFACTURING CORP. Feb.23,lS30. 329 

poration, and actually paid in, and the amount of 
all existing debts ; and shall not make, nor cause 
to be made, any division of its capital stock, or any 
part thereof; but only of the net earnings or 
profits of said company, as hereinafter provided, 
according to the bestof their judgment and belief; 
but should any Corporation fail to comply with this 
provision, the members thereof shall be liable to 
have their persons and property taken on any writ 
or execution against such Corporation, for any debt 
then due, in the manner hereinafter provided. 

Sec. 8. Be it further enacted, That no note or 
obligation given by any, stockholder, whether se- ^"*^^ *".'*''''■. 

o ^ J J ' ^ gallons, &c. not 

cured by a pledge of the stock in such Corporation, considered as 
or otherwise, shall be considered as payment of uli'^u^k."'^*^^ 
any part of the capital stock, until such notes or 
obligations shall have been actually paid ; and no 
loan of money shall be made by any such Corpora- 
tion to any stockholder therein, secured by a 
pledge of shares in said Corporation or otherwise, 
but if any such loan shall be made to a stockhold- 
er, the officers of said Corporation, who shall make 
such loan or assent thereto, shall be jointly and 
severally liable to the payment of the debts of said 
Corporation, contracted prior to the payment of 
said loan, to the amount of said loan and the inter- 
est thereon, in the manner hereinafter provided. 
And the total amount of the debts, which any such 
Corporation shall at any time owe, shall not exceed ifoTui'exceefli.e 
the amount of its capital stock actually paid in, and amount of capi- 

^ ^, ,. Ill tal stock pajd iH 

m case oi excess, the directors, under whose ad- 
ministration it shall happen, shall be jointly and 
severally liable for the same in their natural and 
private capacities. Such of said directors, who 
may have been absent, when said excess was con- 
tracted, or created, or who may have dissented 
from the resolution or act, whereby the same was 
contracted or created, may respectively exonerate 
themselves from being so liable, by forthwith giving 
notice of the fact to the stockholders, at a general 
meeting, which they shall have power to call for 
that purpose. 



330 



MANUFACTURING CORP. Feb. 23, 1830. 



Officers liable 
when certificate 
is wilfully false. 



Sec. 9. Be it further enacted, That if the certificate, 
filed as aforesaid, or the piibhc notice aforesaid, as 
provided in these ventli section, is wilfully false in any 
material representation, then all the officers of such 
Corporation, who shall have signed the same, shall be 
liable personally for all claims and demands against 
said Corporation, which were created while they 
were members of such Corporation ; and if the Pre- 
sident and Directors of any Corporation shall de- 
clare and pay, or cause to be declared and paid, 
any dividend, such Corporation being at the time 
insolvent, or if the payment of such dividend would 
render it insolvent, then the said President and Di- 
rectors, who are such v/hen such dividend shall be 
declared and made payable, excepting however 
such as may protest against the making of such 
dividend, and enter the same on the records, shall 
be personally liable for the full amount of such 
dividend, so declared and paid. 

Sec. 10. Be it further enacted, That whenever 
any such Corporation shall, at a meeting called 
for that purpose, vote to reduce its capital stock, a 
certified copy of such vote shall be filed and re- 
corded in the Re- corded in the Registry of Deeds for the County, 

jTistrv of Deeds . 

In default thereof wherein such manufactory shall be established, 
officers liable, .^yj^j^^jj thirty days from the time of passing said 
vote, and in default thereof, the officers of said 
Corporation shall be personally liable for the pay- 
ment of all debts of the Corporation, created be- 
fore the time of ffiing and recording said vote as 
aforesaid ; and if any part of the capital stock of 
said Corporation shall be withdrawn and refunded 
to the stockholders, in pursuance of any such vote, 
before all the debts of such Corporation, created 
before a certified copy of said vote shall be filed 
and recorded in the Registry of Deeds as aforesaid, 
shall have been paid, each and every member of 
such Corporation shall be personally liable for the 
payment of the said last mentioned debts. 

Sec. W. Be it further enacted, That whenever 
the officers aforesaid, or any of them, shall be lia~ 



Notice of voles 
to reduce capi- 
tal stock, to 
be filed and re 



MANUFACTURING CORP. Feb, 23, 1830. 331 

ble by the provisions of this Act, to pay the debts 

of any such Corporation, or any part thereof, an officers when 

*'„,, ^ . ,, r 1 m liable, may be 

action of debt against all or any or such oiiicers sued, &c. 
may be sued by any person or persons, having any 
claim or demand against such Corporation, the de- 
claration in which suit shall state the claim against 
the Corporation, and the ground on which the 
plaintiff expects to charge the defendants person- 
ally ; and the said action of debt may be brought 
during the pendency of an action against the Cor- 
poration for the recovery of the same claim or de- 
mand, and before judgment therein. And the per- 
sons and property of any and all members of 
any such Corporation may be taken on any writ 
or execution against said Corporation, for any 
debt, to the payment of which they shall have 
become personally liable by the provisions of this 
Act; — or the liability of the officers or members 
of any such Corporation, or of any of them as 
aforesaid, may be ascertained and enforced by 
proceedings in Chancery before the Supreme Judi- 
cial Court. And any member or members, who may 
voluntarily, or by compulsion, pay any debt or claim 
against such Corporation, for which he or they are 
personally hable as aforesaid, shall have a remedy, 
by a bill in Chancery before said Court, for a contri- 
bution against any other member or members, for his 
or their due proportion of such debt or sums so paid, 
and shall also have a right of action at law against 
said Corporation, to recover the money so paid, in 
which action only the property of the Corporation 
shall be liable to be taken, and not the persons or 
property of any member of such Corporation. 

Sec. 12. Be it further enacted, That no persons 
holding stock in such Corporations, as executors, ad- Adminisirators, 
ministrators, guardians and trustees, or persons hold- suardians &c. 

, 11 1 • 1 n 1 not personally 

ing such stock as collateral security, shall be person- nabie. 
ally subject to liabilities as members of such Corpo- 
rations ; but the persons pledging such stock shall 
be liable as members ; and such pledgors, executors, 
administrators, guardians and trustees, shall repre- 
sent such shares, and vote thereon at all meetings 



332 



MANUFACTURING CORP. Feb, 23, 1830. 



Wheaever Man- 
ufacturing' Corp- 
orations already 
established shall 
adopt this Act, 
and file a certifi- 
cate, &.C. the 
person and prop- 
erty of mem- 
bers not liable. 



Acts incorp. 
man. co's. to be 
public acts. 



of the Corporation ; and the estates of persons de- 
ceased, of persons under guardianship, and estates 
in trust, shall be liable in the hands of their execu- 
tors, administrators, guardians and trustees, to the 
same extent as if the testator or intestate were 
living, and the persons under guardianship were 
competent to act, and such trust estate held by such 
trustees in their own right. 

Sec. 13. Be it further enacted, That whenever 
any Manufacturing Corporation already established 
within this Commonwealth, shall, at any legal meet- 
ing specially called for that purpose, vote to adopt 
this Act, and shall also file, and cause to be re- 
corded in the Registry of Deeds in the County 
where such manufactory shall be established, a cer- 
tificate signed by the President, Treasurer, Clerk, 
and a majority of the Directors, stating the amount 
of capital actually paid in, and if any part thereof 
has been divided or withdrawn, the amount so di- 
vided or withdrawn ; stating also the amount of 
the debts and credits of said Corporation, and an 
estimate of the value of the real and personal es- 
tate of said Corporation, for the purpose of carry- 
ing on the business thereof, at the time of making 
such certificate ; and the said officers shall make 
oath that they have carefully examined the records 
and accounts of said Corporation, and faithfully es- 
timated the value of the property and funds thereof, 
and that said certificate, by them signed, is true, 
according to their best knowledge and belief; then, 
and in such case, no member of such Corporation 
shall be liable to have his person or property taken 
on any writ or execution against said Corporation, 
for any debts or contracts made subsequent to the 
fifing of the certificate aforesaid, except for the 
causes, and in the manner herein provided. 

Sec. 14. Be it further enacted, That all acts in- 
corporating manufacturing companies shall be 
deemed and taken to be public acts, and as such 
may be declared upon and given in evidence in any 
court of law, without specially pleading the same. 



MANUFACTURING CORP. Feb. 23, 1830. 333 

Sec. 15. Be it further enacted, That a majority Quorum. 
in interest, of the stockholders in any such Corpo- 
rations, shall constitute a quorum for the transac- 
tion of business. 

Sec. 16. Be it further enacted, That the Act of j^^ ^^, 
this Commonwealth, passed the third day of March, 
Anno Domini one thousand eight hundred and nine, 
entitled " An Act defining the general powers and 
duties of Manufacturing Corporations," and all other 
Acts in addition thereto, be, and the same are 
hereby repealed ; but this repeal shall not affect 
the existing rights of any persons, or the existing 
or future liabilities of any Corporation, or any 
members of any Corporation, now established, until 
such Corporations shall have adopted this Act, and 
complied with the provisions herein contained. 

Sec. 17. Be it further enacted, That this Act 
may be amended or repealed at the pleasure of 
the Legislature ; and all such Corporations as 
shall be established under this Act, or shall adopt 
the same, in the manner herein prescribed, shall 
cease and expire at the same time when this Act 
shall be repealed : Provided, however, that nothing proviso. 
herein contained shall take away or affect any 
remedy given by this Act, against any such Corpo- 
ration, its members or officers, for any liability 
which shall have been created, by the provisions 
herein contained, before the repeal of this Act. 

[Approved by the Governor, February 23, 1830.] 



334 



TOWN OFFICERS. 



Ahrch 1, 1830. 



CHAP. LIV. 

An Act in addition to the several Acts regulating 
Towns and the choice of Town Officers. 



Sec. 1. JdE it enacted by the Senate and House 
of Representatives^ in General Court assembled, and 
by the authority of the same, That whenever, by 
^r"ho^vi^ap-'''° reason of the absence of any Town Clerk of any 
pointed. town in this Commonwealth, at any town meeting 

legally assembled, a temporary vacancy shall exist 
in the office of Town Clerk of said town, it shall 
be the duty of the Selectmen of said town to call 
upon the legal voters present at such meeting to 
give in their votes for a Town Clerk pro tempore, in 
like manner as Town Clerks are now by law chosen ; 
and the Selectmen shall proceed to sort and count 
the votes, and declare the election of such Clerk pro 
tempore, who shall, upon signifying his acceptance 
thereof, be under oath to discharge all the duties of 
said office, and be subject to hke penalties as Town 
Clerks are now under, for the particular meeting 
at which such election shall be made. 

Sec. 2. Be it further enacted, That whenever 
other duties shall be required to be performed by 
the Town Clerk of any town, and by reason of the 
death or removal of the Town Clerk of such town, 
or by reason of sickness, or any other cause, there 
is a vacancy in such office, or such Clerk shall be 
prevented from performing the duties thereof, the 
Selectmen of such town may appoint, in writing, 
under their hands, or under the hands of a majority 
of them, a Clerk for the performance of such duties, 
who shall be sworn to the faithful discharge of the 
same. 

Sec. 3. Be it further enacted. That it shall be the 
duty of the person elected or appointed Clerk pro 
tempore, as aforesaid, immediately after entering 
upon the duties of his office, to make a record of 



Selectmen may 
appoint Clerk 



Duty of Clerk 
pro tem. 



FISH IN TAUNTON RIV. March 3, 1830. 335 

such election, or appointment, upon the book of 
records of said town. 

[Approved by the Governor, March 1, 1830.] 



CHAP. LV. 

An Act to regulate the passage way for fish at the 
dam across Taunton Great River, in the County 
of Bristol, at a place called Kings Bridge. 

Sec. 1. JjE 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 Mills and Dam at King's Bridge, on Taun- 
ton Great River, in the County of Bristol, shall 
construct and keep open, at their said Dam, a con- 
venient way for the passage of such fish as usually 
pass up the same River, in their proper season, 
which passage-way shall be of such dimensions, 
and constructed and regulated in such manner as Passage-way to 
shall be prescribed and directed by the Selectmen dirccied'by se- 
of the town of Bridgewater, in the County of Ply- '^'""*'"- 
mouth, or the major part of them ; who are hereby 
appointed a Committee for this purpose, in pursu- 
ance of the agreement of the said proprietors and 
the town of Middleborough in the County of Ply- 
mouth, the said town of Middleborough being the 
only town interested in the fishery in said River 
above said Dam ; and the said Selectmen of Bridge- 
water, or the major part of them, shall, from time 
to time, on the application of said town of Middle- 
borough, or of said proprietors, and at the expense 
of said town of Middleborough, or of said proprie- 
tors, as the said Selectmen of Bridgewater shall 
adjudge, repair to said Dam, and order and direct 
such alterations to be made in said fish-way, and 
44 



336 



PERJURi^. 



March 3, 1830. 



in the regulation of the water, as to them shall ap- 
pear to be proper, taking into consideration the in- 
terest of said proprietors, as well as the importance 
of providing a convenient way for the passage of the 
fish ; and all such alterations as may be ordered 
and directed as aforesaid shall be made by said 
proprietors, within such time as said Selectmen 
shall order. 

Sec. 2. Be it further enacted, That so long as the 
Proprietors not Said proprictors or owucrs of Said Mills and Dam 
liable so long as shall kccD ODCU, duriug the proper season of the 

they keep open ■ ■*■ ^ . * 

passage-way. passiug up of Said fish, a passage-way so con- 
structed and regulated as aforesaid, they shall 
not, nor shall either of them, nor their tenants, nor 
the occupants of said Mills and Dvam,be subject to 
the penalties of any act regulating the fishery in 
said River, nor to any action, prosecution, or pen- 
alty, under any law requiring a passage way for the 
fish to be constructed and maintained at said Dam. 

[Approved by the Governor, March 3, 1830.] 



CHAP. LVI. 

An Act in addition to " An Act against Perjury and 
Subornation of Perjury." 



-OE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That if any person, of 
whom an oath is required by the provisions of the 
acts incorporating any Bank, Manufactory, or other 
incorporation, or by any general law of this Com- 
monwealth, shall wilfully and falsely swear or affirm 
in regard to any matter or thing respecting which 
such oath is required to be made', such person shall 
be deemed guilty of Perjury, and on conviction 



CORONERS. March5,lS30. 337 

thereof before the Supreme Judicial Court, or be- 
fore the Municipal Court of the City of Boston, if 
said offence be committed within the County of 
Suffolk, shall be punished in the same manner as 
perjury is now punished by the act to which this is 
in addition. 

[Approved by the Governor, March 3, 1830.] 



CHAP. LVII. 

An Act in further addition to an Act entitled " An 
Act describing the duty and power of Coroners." 

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 first day of June next, it shall be the duty of coroners dmy. 
Coroners to take inquests upon the dead bodies of 
persons supposed to have come to their deaths by 
violence only ; and not when the death is believed 
to have been occasioned by casualty ; and 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. 

Sec. 2. Be it further enacted, That the fees of witnesses' fees, 
witnesses, who shall attend and give evidence be- 
fore any Jury of Inquest, shall be thirty three cents 
for each day's attendance, and four cents for each 
mile's travel to and from the place of taking such 
inquest ; and such fees shall be paid in the same 
manner as other expenses of taking inquests are 
required by law to be paid. 

[Approved by the Governor, March 5, 1830.] 



338 



NEVVBURYPORT FIRE DEP. March 5, 1830. 



CHAP. LVIII. 

An Act to establish a Fire Department in the Town 
of Newburyport. 



point ment, of how 
many members 
to GonsisL 



Sec. 1. JJE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Fire Depart- 
ment of the town of Newburyport shall hereafter 
FireDea-t- coHsist of a Chief Engineer, and as many Engi- 
ment,timeofap- ncers, or Fire Wardens, not exceeding twelve in 
number, as the Selectmen of said town shall, an- 
nually, on the first Wednesday of April, appoint, 
who shall hold their office for the term of one year, 
from the first day of May next succeeding their 
appointment; also, of as many Enginemen, Hose- 
men, Hook and Laddermen, and Clothnien, as said 
Selectmen shall, annually, on the first Wednesday 
in April, or as soon after as may be, appoint, pro- 
vided that the number of firemen so appointed 
shall not exceed fifty men to each and every Hy- 
draulion ; thirty-five men to each and every com- 
mon Engine ; and five men to each and every Hose 
Carriage ; that the number of Hook, Ladder and 
Clothmen shall not exceed fifty, and that the 
number of hosemen shall not exceed fifty. 

Sec. 2. Be it further enacted, That the Select- 
men of said town shall have power to fill any va- 
cancy which may occur at any time in said Fire 
Department, give certificates of all appointments, 
and fix and ordain from time to time the powers 
and duties of the Chief Engineer and Engineers, 
or Fire Wardens, respectively, in relation to Fire 
Engines, and all other fire apparatus, belonging to, 
or used in said town, and also to fix and ordain, 
from time to time, such rules and regulations, as 
may be deemed expedient for the government of 
said Fire Department, and of the citizens present 
at fires, and to annex penalties for the breach of 



Powers of ihe 
Selectmen, &c. 



NEWBURYPORT FIRE DEP. March 5, 1830. 339 

any rules or regulations they may so fix and ordain, 
not exceeding twenty dollars. 

Sec. 3. Be it further enacted^ That the Chief 
Engineer and Engineers, or Fire Wardens, so ap- 
pointed, shall have the same authority relative to 
demolishing or injuring any house, or other building, F°e^DeMr? 
to prevent the spreading of fires in said Newbury- mem, and liabii- 

j. 1 • II .1 .. 1 ^- ^i . ity of the town. 

port, and m all other matters relatmg thereto, as 
Fire Wardens now by law have ; and said town 
shall be liable to pay to any person or persons, 
whose property may be so destroyed or injured by 
direction of said Chief Engineer and Engineers, or 
Fire Wardens, as the towns in said Commonwealth, 
are now by law liable to pay in like circumstances, 
for the acts and directions of Fire Wardens ; and all 
fines and forfeitures arising in said town in pursu- 
ance of the existing laws of this Commonwealth, 
upon the subject, shall be appropriated in such man- 
ner, and for such purposes, as the said town, at 
any town meeting, duly warned for that purpose, 
shall determine, any thing in said laws to the con- 
trary notwithstanding. 

Sec. 4. Be it further enacted^ That the members 
of said Fire Department shall be exempted from Exempiion from 
the performance of service in the militia of this "'^ '^'''""'' 
Commonwealth, in like manner, and upon like 
conditions, as Enginemen are now exempted by 
law. 

Sec. 5. Be it further enacted, That the Select- 
men of said town of Newburyport are hereby au- 
thorized to call a meeting of the inhabitants of said organization. 
town, to organize a Fire Department, agreeably to 
the provisions of this Act, by warning the inhabi- 
tants in the usual way of calling town meetings in 
said town, and by causing notice thereof to be 
published, seven days at least, before said meeting, 
in the Newburyport Herald, a public newspaper 
printed in said Newburyport. 

Sec. 6. Be it further enacted, That when the said 
town of Newburyport shall have fully organized 
a Fire Department, agreeably to the provisions of 



340 WOBURN A. AND M. ASSO. March 5, 1830. 

this act, and the same shall have been accepted 
by the inhabitants thereof quahfied to vote in town 
Repeal. affairs, in town meeting, for that purpose duly as- 

sembled, the same shall remain in force until 
modified or repealed by the Legislature of this 
Commonwealth ; and all the laws relating to Fire 
Wardens and Enginemen in said town, which are 
inconsistent with the provisions of this Act, shall 
be, and are hereby repealed. 

[Approved by the Governor, March 5, 1830.] 



CHAP. LIX. 

An Act to incorporate the Woburn Agricultural 
and Mechanic 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 Abijah Thomp- 
son, Charles Carter, James Jacques, William Tidd, 
and their associates, with such as may hereafter 
associate with them, be, and they hereby are in- 
corporated, by the name of the Woburn Agricul- 
tural and Mechanic Association ; with power to 
have and use a common seal, to make by-laws for 
the management of said Corporation and its funds, 
Powers granted, and for the purposc of encouraging agriculture 
and the mechanic arts, by granting premiums, or 
loans of money, and for relieving the distresses of 
unfortunate mechanics, and their families ; and to 
have all the privileges, usually given by acts of in- 
corporation to Charitable Societies ; and the said 
Corporation may hold and possess real estate not 
exceeding the value of five thousand dollars, and 
the annual income of its personal estate shall not 
exceed the sum of two thousand dollars. 



CENTRAL TURNPIKE COR. March 5, 1830. 341 

Sec. 2. Be it further enacted, That Abijah 
Thompson and Charles Carter are hereby authori- 
zed to call the first meeting of said Corporation, at ^''■^""eeiii.g. 
such time and place as they shall appoint, by giv- 
ing personal notice to each of their associates, at 
which meeting by-laws may be made, and the 
mode of calling future meetings regulated. 

Sec. 3. Be it further enacted, That this act may 
be amended, revised and repealed at the pleasure 
of the Legislature. 

[Approved by the Governor, March 5, 1830.] 



CHAP. LX. 

An Act in further addition to " An Act to establish 
the Central Turnpike Corporation." 

x>E it enacted by the Senate and Rouse 
of Representatives, in General Court assembled, and 
by the authority of the same. That the Committee 
which originally located the road of said Corpora- 
ration may, and are hereby authorized, to make Location altered. 
some small alterations in said location, so as to 
conform the same to the present situation of 
said road as now made and travelled, and that 
said Corporation be established and confirmed 
in its rights to said road, as so varied in its loca- 
tion : Provided, said Committee shall give the like 
notice, and be governed by the same principles, 
rules, and restrictions, as in the original location of 
said road : And provided also, that the owners of 
lands over which such alterations may be located, 
shall have the same rights and remedies for dama- 
ges as are provided in said original act. 

[Approved by the Governor, March 5, 1830.] 



342 



SPRINGFIELD FIRE DEP, March 6, 1830. 



CHAP. LXI. 



Fire Depart- 
ment, of whom 
to consist. 



Proviso. 



Selectmen au- 
thorized to fill 
vacancies, &c. 



An Act to establish a Fire Department in the town 
of Springfield. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Fire Depart- 
ment of the town of Springfield shall hereafter con- 
sist of one Chief Engineer, and as many Assistant 
Engineers and Firewards, not exceeding fourteen, 
as the Selectmen of said town shall annually, on 
the first Wednesday in April, appoint, who shall 
hold their offices for one year from the first day of 
May next succeeding ; also of as many Enginemen, 
Hosemen, and Hook and Ladder men, as the said 
Selectmen shall annually, on the first Wednesday 
in April, or as soon thereafter as may be, appoint : 
Provided, that the number of Enginemen shall not 
exceed forty two to every Hydraulion or Suction 
Engine, thirty to every common Engine, five to 
every Hose-carriage, and twenty five Hook and 
Ladder men. 

Sec. 2. Be it further enacted, That the Selectmen 
of said town of Springfield be, and they are hereby 
authorized and required to fill any vacancies occur- 
ring in said Fire Department, to give certificates 
of appointment to the members thereof, and to fix 
and establish, from time to time, the powers and 
duties of the officers and members of said Fire 
Department respectively, in relation to Fire En- 
gines, and all other fire apparatus belonging to, or 
used in said town, and the care and management 
thereof ; and to fix and ordain rules and regula- 
lations for the conduct of said officers and mem- 
bers, and of the citizens present at fires, and to 
annex penalties for a breach thereof, not exceeding 
twenty dollars ; which penalties may be sued for in 



SPRINGFIELD FIRE DEP. March 5, 1830. 343 

the name of the Treasurer of said town, in any 
Court proper to try the same : Provided, said rules Proviso. 
and regulations shall not be binding and valid until 
the same shall be published in some newspaper 
printed in said town of Springfield. 

Sec. 3. Be it further enacted, That the Chief En- Powers of chief 
gineer, Engineers, and Fire wards, so appointed, shall "^'"^^'"' 
have the same powers and authorities relative to the 
pulling down or demolishing any house or other 
building, to prevent the spreading of fires, and rel- 
ative to all other matters and things affecting the 
extinguishment or prevention of fires, or the com- 
manding assistance at them, as Firewardens now 
by law have. And the said town of Springfield 
shall be liable to pay all such reasonable compen- 
sation for damage done by, or consequent upon, 
the acts or directions of said Chief Engineer, En- 
gineers, and Firewardens, as other towns in this 
Commonwealth are liable to pay in like cases, for 
like acts and directions done or given by their Fire- 
wardens. And all fines and forfeitures arising 
within said town of Springfield, under the laws of 
this Commonwealth, relative to the extinguishment 
and prevention of, or proceedings at fires, shall be 
distributed in such manner, and applied to such 
uses as the said town shall ordain and direct. 

Sec. 4. Be it further enacted. That the members Exempt from 
of said Fire Department shall be exempt from all '""i'^'-y ^^'y- 
military duty and service in the Militia, so long as 
they shall continue members thereof. And it shall 
be the duty of every person so exempted, to pro- 
duce to the commanding officer of the company 
within whose bounds he resides, a certificate of his 
appointment, within twenty days from and after 
his appointment, and annually thereafter in the 
month of April. 

Sec. 5. Be it further enacted. That any number Organization. 
of citizens of said town of Springfield, may, in writ- 
ing, associate themselves into companies of Fire- 
men, which companies may choose Clerks, and 
other needful officers, may establish by-laws, with 
45 



344 SPRINGFIELD FIRE DEP. March 5, 1830. 

penalties for the breach thereof not exceeding five 
Proviso. dollars : Provided, the same are not repugnant to 

the Constitution and laws of this Commonwealth ; 
which penalties may be sued for by the Clerks of 
said companies respectively, in any Court proper 
to try the same, and appropriated as said compa- 
nies shall direct. And the said Firemen shall at 
all fires be under the direction and superinten- 
dence of the Chief Engineer, Engineers and Fire- 
wardens. 

Sec. 6. Be it further enacted, That after the or- 
ganization of said Fire Department, and notice 
thereof given by the Selectmen, in any newspaper 
printed in Springfield, all laws relating to the elec- 
tion or appointment of Firewards, so far as they 
affect the election or appointment of Firewards 
within said town of Springfield, shall be, and the 
same are hereby repealed. 

Sec. 7. Be it further enacted, That the provisions 
of this act shall take effect, and be in force, as 
soon as the same shall be accepted by the citizens 
of said town, qualified to vote in town affairs, at a 
legal meeting held for that purpose, and shall con- 
tinue in force until modified or repealed by the 
Legislature. 



Repeal. 



'&• 



[Approved by the Governor, March 5, 1830.] 



BOSTON BANK. March 5, 1830. 345 



CHAP. LXII. 

An Act further to reduce the Capital Stock of the 
Boston Bank. 

Sec. I. 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 first Monday of April, in the year of our Lord 
one thousand eight hundred and thirty, the Capital 
Stock of the Corporation, created by an act of the 
Legislature, passed on the twenty third day of 
June, in the year of our Lord one thousand eight 
hundred and twelve, by the name of the Prejident, 
Directors and Company of the Boston Bank, be, 
and the same hereby is reduced to the sum of six capital stock 

rcQuccc] 

hundred thousand dollars, any thing in the Act, chap. 
89, in the year eighteen hundred and sixteen, enti- 
tled " An Act to reduce the Capital Stock of the 
Boston Bank," to the contrary notwithstanding. 

Sec. 2. Be it further enacted, That the number 
of shares in said Bank, shall, from and after the 
said first Monday in April, be twelve thousand, and 
that each share shall be of the estimated or nomi- 
nal value of fifty dollars. 

Sec. 3. Be it further enacted, That no dividend 
of the Capital Stock of said Bank, as now existing. Dividend, &c. 
shall be made until proof shall have been made to 
the satisfaction of the Governor and Council, or of 
Commissioners by them appointed, at the expense 
of said Corporation, that there exist in said bank 
funds, belonging to said Corporation, sufficient to 
pay all notes in circulation, and all deposits and 
other demands existing against the same, beyond 
the sum then to be reduced ; and that nothing con- 
tained in this act shall be construed to afiect the 
liability of the Corporation, or the individual stock- 
holders, as established by the original act incorpo- 
rating said bank, or any other existing law. And, 



346 ORNAMENTAL TREES. March 5, USO. 

the said Corporation shall be holden to pay into 
the Treasury of this Commonwealth, their propor- 
tion of the tax now required to be paid by law upon 
the existing capital of said Bank, until the same 
shall be actually reduced as aforesaid, and all ar- 
rearages of taxes paid. 
Liability. ^Ec. 4. Be it further enacted, That the liability 

of the President, Directors and Company of the 
Boston Bank, to loan to the Commonwealth, shall 
be in proportion to the sum of the capital of said 
Corporation when reduced as aforesaid. 

[Approved by the Governor, March 5, 1830.] 



CHAP. LXIII. 

An Act to secure to the public the benefit of Orna- 
mental Trees. 

JdE it enacted by the Senate ayid 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 shall wantonly, 
and without cause, break, cut, mutilate, injure or 
destroy any tree, standing and growing by the side 
of any public or private way, and useful to the pub- 
lic for the purposes of ornament or shade, without 
the consent of the owner of said tree, such person, 
Penally. SO offcnding, shall forfeit and pay, to the use of the 

Commonwealth, a sum not less than five dollars, 
nor more than fifty dollars, to be recovered by in- 
dictment or information before the Court of Com- 
mon Pleas in the County where such offence shall 
have been committed, or the Municipal Court of 
the City of Boston, if such offence shall have been 
committed in said City of Boston. 

[Approved by the Governor, March 5, 1830.] 



OCEAN INS. COMPANY. March 6, 1830. 347 



CHAP. LXIV. 

An Act to repeal " An Act to incorporate the Pre- 
sident, Directors and Company of the Sutton 
Bank." 

JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the act entitled 
" An Act to incorporate the President, Directors 
and Company of the Sutton Bank," passed on the 
eleventh day of March, in the year of our Lord 
one thousand eight hundred and twenty-eight, is 
hereby declared forfeited and void, and from and 
after the passing of this act, is, and shall be taken 
to be wholly repealed. 

[Approved by the Governor, March 6, 1830.] 



CHAP. LXV. 

An Act to incorporate the Ocean Insurance 
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 Stephen Glover, 
Daniel Hammond, William Eager, Levi Bartlett, persons incor o 
Russell E. Glover, John I. Putnam and Nathan rated. 
Pratt, with their associates, successors and assigns, 
be, and they are hereby incorporated into a Com- 
pany and body politic, by the name of the Ocean 
Insurance Company, with all the powers and privi- 
Jeges granted to Insurance Companies, and sub- 



348 OCEAN INS. COMPANY. March 6, 1830. 

ject to all the restrictions, duties, and obligations, 
contained in a law of this Commonwealth, entitled 
" An Act to define the powers, duties, and restric- 
tions of Insurance Companies," passed on the six- 
teenth 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 au- 
thorizing the several Insurance Companies of this 
Commonwealth to insure against Fire," passed on 
the twenty-first day of February, in the year of our 
Lord one thousand eight hundred and twenty, for 
and during the term of twenty years after the pas- 
May sue and be gijjg of this act ; and by that name may sue, and be 
sued, plead and be impleaded, appear, prosecute, 
and defend to final judgment and execution, and 
may have a common seal, which they may alter at 
pleasure ; and may purchase, hold, and convey, 
any estate, real, or personal, for the use of said 
Company : Provided, the said real estate shall not 
Proviso. exceed the value of fifty thousand dollars, except- 

ing such as may be taken for debt, or held for col- 
lateral security, for money due to said Company. 

Sec. 2. Be it further enacted, That the capital 
stock of said Company shall be two hundred thou- 
sand dollars, and shall be divided into shares of one 
hundred dollars each, one hundred thousand dol- 
. lars of which shall be paid in money within sixty 
tars°iock°«fccT days after the first meeting of the said Company, 
and the residue within one year from the passing 
of this act, in such instalments, and under such 
penalties, as the President and Directors shall, in 
their discretion, direct and appoint : and the said 
capital stock shall not be sold or transferred, but 
shall be holden by the original subscribers thereto, 
for and during the term of one year after the said 
Company shall go into operation ; and if the pro- 
visions of this act shall not be complied with, within 
one year from the first meeting, then the same shall 
be void. 

Sec. 3. Be it further enacted, That the stock, 
property, affairs, and concerns of the said Compa- 



OCEAN INS. COMPANY. March 6, 1830. 349 

ny, shall be managed and conducted by twelve Di- 
rectors, one of whom shall be President of said 
Company, who shall hold their offices for one year, J^e"rr^fnd°duSs 
and until others are chosen, and no longer, and to b4 performed, 
who shall, at the time of their election, be stock- 
holders in said Company, and citizens of this Com- 
monwealth, and shall be elected on the second 
Monday in March, in each and every year, at such 
time of the day, and in such place in Boston, as a 
majority of the Directors for the time being shall 
appoint, of which election public notice shall be 
given in two of the newspapers printed in Boston, 
and continued for the space of ten days immedi- 
ately preceding such election : and the election 
shall be made by ballot, by a majority of the stock- 
holders present, allowing one vote to each share 
in the capital stock : Provided, That no stock- 
holder shall be allowed more than thirty votes, and Proviso, 
absent stockholders may vote by proxy, under such 
regulations as the said Company shall prescribe : 
and if, through any unavoidable accident, the said 
Directors shall not be chosen on the second Mon- 
day in March as aforesaid, it shall be lawful to 
choose them on any other day, in the manner here- 
in provided for the election of Directors. 

Sec. 4. Be it further enacted, That the Direc- 
tors, 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 t^'S' choseS""^ 
sworn or affirmed to the faithful discharge of the 
duties of his office, and who shall preside for one 
year, and until another be chosen ; and in case of 
the death, resignation, or inability to serve, of the . 
President, or any Director, such vacancy or vacan- 
cies shall be filled, for the remainder of the year 
in which they happen, by a special election for that 
purpose, to be held in the same manner as herein 
before directed respecting [the] annual election of 
Directors. 

Sec. 5. Be itjiirther enacted. That the President, 
and six of the Directors, or seven of them in his 



350 



OCEAN INS. COMPANY. 



March 6, 1830. 



Proviso. 



absence, shall be a Board, competent to the trans- 
action of business ; and all questions before them 

Powers granted, ghall 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 management, 
and disposition of the stock, property, estate, and 
effects, of said Company, and the transfer of the 
shares, and touching the duties and conduct of the 
several officers, clerks, and servants employed, and 
the election of Directors, and all such matters as 
appertain to the business of Insurance, and shall 
also have power to appoint a Secretary, and as 
many clerks and servants, for carrying on the said 
business, and with such salaries and allowances to 
them, and to the President, as to the said Board 
shall seem meet : Provided, such by-laws and regu- 
lations shall not be repugnant to the Constitution 
and laws of this Commonwealth. 

Sec. 6. Be it further enacted, That any two or 
more of the persons named in this act are hereby 
authorized to call a meeting of said Company, by 
advertising the same for two successive weeks, in 

Meetings, how to thc Columbian Centinel, Boston Patriot, and Daily 
Advertiser, printed in Boston, for the purpose of 
electing their first Board of Directors, who shall 
continue in office till the second Monday in March, 
in the year of our Lord then next ensuing, and un- 
til others shall be chosen in their stead : Provided, 
however, that this charter shall be void, and of no 
effect, unless put into operation, agreeably to the 
terms of it, within one year, from and after the pas- 
sing of this act ; and provided, also, that the said 
Company shall not take any risk or subscribe any 
policy, by virtue of this act ; until one hundred 
thousand dollars of the capital stock of said Com- 
pany shall have actually been paid in. 

Sec. 7. Be it further enacted, That said Compa- 
ny shall never take on any one risk against fire, or 
other risk, or loan on respondentia, or bottomry, 
on any one bottom, at any one time, including the 



be notified. 



Proviso. 



CAM. UNIVERSALIST SOC. March 6, 1830. 361 

sum insured by them, in any other way on the same 
bottom, a sum exceeding ten per centum on the 
capital stock of said Company actually paid, agree- 
ably 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 Location. 
City of Boston. 

Sec. 9. Be it further enacted, That the said Ocean 
Insurance Company shall be liable to be taxed by 
any general law providing for the taxation of all ^^ 
similar Corporations, which are by law liable to be 
taxed. 

[Approved by the Governor, March 6, 1830.] 



CHAP. LXVI. 

An Act in addition to "An Act to incorporate the 
First Universalist Society in Cambridge." 

Sec 1. -OE it enacted hij the Senate and Home 
of Representatives, in General Court assembled, and 
by the authority of the same. That said Society be, powers, &c. 
and they are hereby empowered to assess such part 
as they may determine, at the meeting at which the 
money may be raised, of any 'sum legally granted 
or voted by said Society, upon the polls and estates 
of the members thereof, in like manner as Parishes 
and Rehgious Societies are authorized to do, and 
the residue only of such sum on the pews and seats 
of their Meeting-house, any thing in the Act to 
which this is in addition to the contrary notwith- 
standing. 

Sec. 2. Be it further enacted. That this Act shall 
be subject to revision or repeal, at the pleasure of 
the Legislature. 

[Approved by the Governor, March 6, 1830.] 
46 



352 WALTHAM RELTG. SOC. March 6, 1830. 



CHAP. LXVII. 

An Act in addition to " An Act to incorporate the 
Second Religious Society in Waltham." 

Sec. 1 . -OE it enacted by the Senate and House 
of Representatives, in General Coiiit assembled, and 
by the authority of the sarnie, That the said Religious 
Ma hold real Socicty shall bc Capable in law to purchase and 
and personal hold anv cstatc, Tcal or personal, for the use of 
said Society, the annual income of which shall not 
exceed two thousand dollars ; and the pews in their 
Meeting-house shall be deemed and taken as per- 
sonal estate ; and each proprietor of a pew shall 
have a certificate thereof, signed by the Clerk of 
the Society, to be recorded in a book for that 
purpose ; and the mode of future transfers shall be 
determined by the by-laws of said Society. 

Sec. 2. Be it further enacted, That all sums of 
Taxes, how as- moucy ucccssary to be raised by said Society for 
sessed. ^j^^ support of public worship, and other necessary 

expenses, over and above the sum of two hundred 
dollars, which the Agent of the Boston Manufac- 
turing Company, on their behalf, has agreed to pay 
in lieu of Parish taxes, shall be assessed upon the 
pews in said Meeting-house, according to their re- 
spective values, so long as said Company shall pay 
said sum ; and whenever the said Company shall 
cease to pay said sum, then said Society shall have 
power to raise the whole of said taxes, either upon 
the pews as aforesaid, or upon the polls and estates 
of the members of said Society, or part only of 
^aid taxes upon the polls and estates, and the resi- 
Proviso. due upon the pews as aforesaid : Provided, that 

said Society may exempt from such assessment a 
ministerial pew, and any other pew or pews in said 
house which may not be occupied ; and any assess- 
ment upon the pews as aforesaid may be collected 
in the manner provided by " An Act authorizing 



WALTHAM RELIG. SOC. March 6, 1830. 353 

the proprietors of Churches, Meeting-houses, and 
other houses of pubhc worship, to regulate and 
manage their property and interests therein." 

Sec. 3. Be it further enacted, That at all meet- Proprietors of 

^ ty pews entitled to 

ings of said Society, so long as the taxes shall be vote. 
assessed upon the pews as aforesaid, and no lon- 
ger, the proprietors of said pews, and no others, 
shall be entitled to vote, and in such manner as shall 
be provided by the by-laws of said Society ; but 
no person shall be entitled to more than double 
the number of votes to which the proprietor of one 
pew shall be entitled : Provided, however, that said Proviso. 
Society may admit the occupants of pews not ex- 
empted from taxation to vote, in such manner as 
they shall by their by-laws determine ; and said So- 
ciety shall have authority to choose all such officers, 
and make all such by-laws as the good manage- 
ment of the affairs of the Corporation may require : 
Provided, the same be not repugnant to the Con- 
stitution and laws of this Commonwealth. 

Sec. 4. Be it further enacted, That all the pro- j^^ , 
visions of the act to which this is in addition, ex- 
cepting the two first sections thereof, be, and the 
same are hereby repealed. 

Sec. 5. Be it further enacted. That this act shall 
be"subject to revision or repeal at the pleasure of 
the Legislature. 

[Approved by the Governor, March 6, 1830.] 



354 



SURVEY OF LUMBER. 



March 6, 1830. 



CHAP. LXVIll. 

An Act to provido for the Survey of Lumber in the 
City of Boston, and to re{)eal certain provisions 
of law in relation to the exportation of Lumber 
from the Commonwealth. 



Cily of Boston 
may make and 
establish ordi- 
nances, &c. 



Provision for 
officers^ &c. 



Repeal. 



Proviso. 



Sec. L UE 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, it shall be lawful for the City 
Government of the City of Boston, to make and 
estabhsh ordinances, rules, and regulations, for the 
Inspection, Survey, and Admeasurement of Boards, 
Plank, Timber, Shingles, Clapboards, and Lumber, 
of every description, brought by water into said 
City for sale, as they may from time to time deter- 
mine to be expedient, and suitable to the circum- 
stances of the said City, and to ordain fit penalties 
for the breach of such ordinances, rules, and regu- 
lations, to be recovered in the same manner, and 
before the same Courts, as other fines and forfeit- 
ures are recoverable bv law. 

Sec. 2. Be it further enacted, That the said City 
Government, in their discretion, may also provide 
for the appointment of all such Surveyors, Inspec- 
tors, and other officers, as they may find expedient 
and proper for the execution of such ordinances, 
rules, and regulations, and to fix their fees, and 
compensation for their official duties and services. 

Sec. 3. Be it further enacted, That so much of 
any acts of this Commonwealth, as is inconsistent 
with the powers herein given to the City Govern- 
ment of the City of Boston, be, and the same is 
hereby repealed : Provided, however, That this sec- 
tion shaU not take efi'ect until the said City Gov- 
ernment have made and established ordinances, 
and provided for the appointment of officers for the 
Survey of Lumber, agreeably to the first and se- 



BOSTON FLINT GLASS CO. March 6, 1830. 355 

cond sections of this act, and until said ordinances 
have been published as other ordinances of said 
City are published. 

Sec. 4. Be it further enacted, That the second, 
fifth, sixth, and seventh sections of an act passed 
July eleventh, in the year of our Lord one thou- 
sand seven hundred and eighty-three, entitled " An ^^ ^^^ 
Act for the Admeasurement of Boards, and regu- 
lating the tale of Shingles, Clapboards, Hoops and 
Staves," and also an Act in addition thereto, pass- 
ed March sixteenth, in the year of our Lord one 
thousand seven hundred and eighty-four, be, and 
the same are hereby repealed. 

Sec. 5. Be it further enacted, That this act may May be repealed 
be altered, amended, or repealed, at the pleasure ""^ ^n^^'^^'e'^- 
of the Legislature. 

[Approved by the Governor, March 6, 1830.] 



CHAP. LXIX. 

An Act to incorporate the Boston Flint Glass 
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 Edward A. Pear- J'jj^^""^ '"^°'-p°- 
son, and Levi Farvvell, 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 Boston 
Flint Glass Company, for the purpose of manufac- 
turing Flint Glass Ware in the City of Boston, and 
for that purpose, shall have all the powers and Powers granted. 
privileges, and be subject to all the duties and re- 
quirements contained in an Act, passed on the 
twenty-third day of February, in the year of our 



356 



EDGARTOWN WHARF. 



March 6, 1830. 



May hold real 
estate. 



Lord one thousand eight hundred and thirty, en- 
titled " An Act, defining the general powers and 
duties of Manufacturing Corporations." 

Sec. 2. Be it father enacted, That the said 
Corporation may hold and possess such real estate, 
not exceeding the value of twenty-five thousand 
dollars, and such personal estate, not exceeding 
the value of one hundred thousand dollars, as may 
be convenient and necessary for carrying on the 
business of manufacturing Flint Glass Ware. 

Sec. 3. Be it further enacted, That either of the 
persons, named in this act, be, and he is hereby 
authorized to appoint the time and place of hold- 
ing the first meeting of said Corporation, and to 
notify each of the members thereof, either by per- 
sonal notice or otherwise, seven days at least before 
the time of holding such first meeting. 

Sec. 4. Be it further enacted, That this Act may 
May be repealed, y^^ altered or repealed at the pleasure of the Legis- 
lature of this Commonwealth. 



First meeting 



[Approved by the Governor, March 6, 1830.] 



CHAP. LXX. 

An Act authorizing Jeremiah Banning to construct 
a Wharf in the Harbour of Edgartown in Dukes 
County. 



Jl>E it enacted by the Senate arid House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Jeremiah Ban- 
Powers granted, niug, bc, and he is hereby authorized and allowed 
to build a Wharf in the Harbor of Edgartown in 
Dukes County, below low water mark, adjoining 
his land, into the channel of said Harbor, until 
said Wharf shall be extended to where there may 



WHARF IN EDGARTOWN. March t, 1830. 357 

be a depth of water equal to that at the other 
wharves now erected in said harbor, and that he 
be allowed the exclusive use of the water, one hun- 
dred and ten feet wide, into the channel, for the 
use, occupation, and accommodation of said Wharf: 
Provided, that this grant shall in no wise interfere 
with the legal rights of any other person or persons 
whatever. 

[Approved by the Governor, March 6, 1830.] 



CHAP. LXXI. 

An Act authorizing Charles Butler to construct a 
Wharf in the harbour of Edgartown in Dukes 
County. 

-OE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Charles Butler wharf amhor- 
be, and he is hereby authorized and allowed to "'^*^ 
build a Wharf in the harbour of Edgartown in 
Dukes County, below low water mark, adjoining 
his land, into the channel of said harbour, until 
said Wharf shall be extended to where there may 
be a depth of water equal to that at the other 
wharves now erected in said harbour, and that he 
be allowed the exclusive use of the water, one hun- 
dred and ten feet wide into the channel, for the 
use, occupation, and accommodation of said Wharf: 
Provided, that this grant shall in no wise interfere 
with the legal rights of any other person or persons 
whatever. 

[Approved by the Governor, March 6, 1830.] 



358 



HAMP. M. FIRE INS. COMP. March 6, 1830. 



CHAP. LXXII. 

An Act incorporating the Hampshire Mutual Fire 
Insurance Company. 



rated 



Sec. 1. -OE it enacted by the Senate and House 
of Representatives, in GeneixU Court assembled, and 
by the authority of the same, That Oliver Warner, 
Charles A. Dewey, Chauncy Clark, Joshua Sim- 
personsincor o- i^onSjCharles Hookcr, Dyer Bancroft, Justus For- 
ward, EHjah Boltwood, Bela P. Clapp, Elisha Ed- 
wards, Jun. John Ludden, Ziba Cook, Samuel 
Kirkland, Daniel Dickinson, Jonathan Olds, and 
John Warner, their associates, successors, and as- 
signs, are hereby constituted a body corporate, by 
the name of the Hampshire Mutual Fire Insurance 
Company, with the powers and privileges incident 
to said Corporations, for the term of twenty-eight 
years. 

Sec. 2. Be it further enacted, That when the 
sum subscribed to be insured shall amount to one 
hundred thousand dollars, said Corporation may 
insure, for the term of from one to seven years, any 
dwelling-house, store, or other buildings, or house- 
hold furniture, against damage arising to the same 
by fire, to an amount not exceeding three-fourths 
of the value of the property insured. 

Sec. 3. Be it further enacted, That said Corpo- 
ration may choose such officers, and establish such 
by-laws, as may be deemed necessary, not repug- 
nant to the Constitution or laws of this Common- 
wealth, and each member shall have as many votes 
as he has policies, and may vote by proxy. 

Sec 4. Be it further enacted, That the funds 
of said Corporation shall be invested in stocks, or 
loaned on such security as the Directors may 
order, and shall be appropriated, first to pay the 
expenses of the Corporation, and next to pay the 
damages which any member may be entitled to 



Amount of capl 
tal stock. 



May have 
by-laws, &c. 



Funds may be 
invested in 
stocks, or loan 
ed, &c. 



HAMP. M. FIRE INS. COMP. March 6, 1830. 359 

recover on his policy. In case any member shall 
have a just claim upon the Corporation exceeding 
the amount of their then existing funds, the Direc- 
tors shall, without delay, assess such sum as may ^, 

•' . . , •' Directors may 

be necessary on the members m proportion to the assess. 
amount of their premiums and deposits for seven 
years ; but not to exceed double the amount of 
such premiums and deposits. 

Sec. 5. Be it further enacted, That whenever 
any member shall recover judgment against said 
Corporation, he may levy his execution on their 
estate or funds ; but if sufficient estate, or funds, tio7oirestat7or 
cannot be found to satisfy the same, and the Direc- '^''"'^*- 
tors shall neglect, or refuse, for the space of thirty 
days from the rendering such judgment, to make an 
assessment, agreeably to the principles herein ex- 
pressed, and deliver the same to the Treasurer of 
said Corporation, and direct him to collect the 
same in the manner by said Corporation pointed 
out, to satisfy such execution, then, and in that 
case, he may levy the same on the private property 
of any one or more of the Directors ; and any Di- 
rector whose property may be thus taken, may sus- 
tain an action of the case against said Corporation 
to recover full and adequate damages therefor. 

Sec. 6. Be it further enacted, That each policy 
of Insurance shall, of itself, without any other cere- „ ,. . , „ 

,. ,.,,.•'. , Policies shall 

mony, create a hen on any building insured, and create a lien on 
on the land under the same, and also on any other p"°p^''^^' *'*^- 
property insured, and this shall not prevent the 
taking of other collateral security. 

Sec. 7. Be it further enacted, That in case it 
shall become necessary to resort to the lien on the 
property insured, the Treasurer shall demand pay- 
ment of the insured, or his legal representative, 
and likewise of the tenant in possession, and, in 
case of non-payment, the Corporation may sustain 
an action for the sum due, either on the deposit Jjf^evied" &cf 
note, or by assessment, and their execution may be 
levied on the insured premises, and the officer 
making the levy, may sell the whole, or any part 
47 



360 



BECKET FIRE INS. CO. 



March 8, 1830. 



Persons insured 
may receive re- 
maining slock. 



Liable to be 
taxed. 



First meeling. 



of the estate at auction, giving notice, and pro- 
ceeding in the same manner as is required in the 
sale of equities of redemption on execution, and 
the owner shall have a right to redeem the estate 
by paying the costs of sale, the amount of execu- 
tion, and twelve per cent, interest thereon, within 
one year from said sale. 

Sec. 8. Be it further enacted^ That each person 
insured, shall, after the expiration of his policy, or 
policies, have a right to demand and receive from 
the Corporation his share of the remaining funds, 
in proportion to the sum, or sums, by him actually 
paid. 

Sec. 9. Be it further enacted, That this Corpo- 
ration shall be liable to be taxed by any general 
law of this Commonwealth, taxing other similar in- 
stitutions, and any person named in this act may 
call the first meeting by advertising the same in 
any newspaper printed in the County of Hamp- 
shire. 



[Approved by the Governor, March 6, 1830.] 



CHAP. LXXIII. 

An Act to incorporate the Becket Mutual Fire In- 
surance Company. 



Perons incorpo- 
rated. 



Sec 1. JjE it enacted hij the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Eliada Kingsley, 
Arvad Chapman, Jabin B. Wilhams, Harry Chap- 
man, Vassel White, jun., S. A. Dewey, Elisha Ad- 
ams, Alexander Clarke, Sylvanus Durlam, O. A. 
Perkins, Timothy Snow, Charles Seger, Alonzo N. 
Dewey, Lester Kingsley, and their associates, suc- 
cessors and assigns, are hereby constituted a body 



BECKET EIRE INS. CO. March 8, 1830. 361 

politic and corporate, by the name of the Becket 
Mutual Fire Insurance Company, with all the pow- 
ers and privileges incident to such Corporations, 
for the term of twenty-eight years. 

Sec. 2. Be it further enacted, That when the 
sum subscribed to be insured shall amount to twen- ^'*p"='' ^^°'^^- 
ty five thousand dollars, said Corporation may in- 
sure for the term of from one to seven years, any 
buildings, goods, or moveables whatsoever, to any 
amount not exceeding three quarters of the value 
of the property insured. 

Sec 3. Be it further enacted, That said Corpo- 
ration may choose such officers, and establish such 
by-laws, as they may deem necessary, not repug- iaws,&.c.^ ^ 
riant to the Constitution and laws of this Common- 
wealth ; and each member shall have as many 
votes as he has policies, and may vote by proxy. 

Sec. 4. Be it further enacted, That the funds of Funds may be 
said Corporation shall be vested in stocks, or loan- oHoaned"&c?''' 
ed on security, as the Directors may order, and 
shall be appropriated, first, to pay the expenses of 
the Corporation, and next to pay the damages 
which any member may be entitled to recover on 
his policy. In case any member shall have a just 
claim upon the Corporation, exceeding the amount 
of their then existing funds, the Directors shall, 
without delay, assess such sum as may be necessa- 
ry on the members, in proportion to the amount of 
their premiums and deposits for seven years, but 
not to exceed triple the amount of such premiums 
and deposits. 

Sec. 5. Beit further enacted, That whenever any 
member shall recover judgment against said Cor- 
poration, he may levy his execution on their es- 
tate or funds ; but if sufficient estate or funds can- 
not be found, he may levy the same on the private 
property of any of the Directors : Provided, they proviso. 
first refuse, or neglect, for the space of sixty days, 
to satisfy the execution, after formal demand made 
on them for that purpose ; and any Director, whose 
property may be thus taken, may sustain an action 



362 



BECKET FIRE INS. CO. 



March 8, 1830. 



insured. 



resort lo tlie lien 
the Treasurer 
shall demand 
payment, &c. 



of the case against the Corporation, to recover full 
and adequate damages therefor. 

Sec. 6. Be it further enacted, That each policy 
Policy of insur- of iusurancc shall, of itself, without any other ecr- 

ance lo create a '_ ..." 

lien on property cmonv, crcatc a licu OD auv buildinc; insured, and 
on the land under it, for the payment of the pre- 
mium stipulated in said policy, and of all assess- 
ments lawfully made by virtue thereof; and this 
provision shall not prevent the taking of other col- 
lateral security. 

►Sec. 7. Be it further enacted, That in case it 

If necessary to should bccome ncccssary to resort to the lien on 
the property insured, the Treasurer shall demand 
payment of the insured, or his legal representative, 
and likewise of the tenant in possession ; and in 
case of non payment, the Corporation may sustain 
an action for any sum due, either on the deposit 
note, or by assessment ; and their execution may 
be levied on the premises insured ; and the officer 
making the levy may sell the whole, or any part of 
the estate, at auction, giving notice, and proceed- 
ing in the same manner as is required in the sales 
of equities of redemption on execution ; and the 
owner shall have a right to redeem the estate, by 
paying the cost of sale, the amount of the execu- 
tion, and twelve per cent, interest thereon, within 
one year from such sale. 

Sec. 8. Be it further enacted, That this Corpo- 
ration shall be liable to be taxed by any general 
law of this Commonwealth, taxing other similar in- 
stitutions ; and any member named in this act may 
call the first meeting, by posting up notifications 
thereof at two or more public places in the town 
of Becket in the County of Berkshire, at least ten 
days before the time of meeting. 



Ltnble to be 
taxed. 



[Approved by the Governor, March 8, 1830.] 



ASIATIC BANK. March 8, 1830. 363 



CHAP. LXXIV. 

An Act to prevent the destruction of Trout in Rus- 
sell Pond, in the Town of R.ussell. 

OE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That any person who 
shall take or kill any Trout in Russell Pond, in the 
town of Russell, at any time between the first day 
of October, and the first day of January, hereafter, 
shall forfeit and pay the sum of one dollar for each penaiiy. 
Trout so killed or taken, to be recovered in an ac- 
tion of debt, in any Court proper to try the same, 
in the name and to the use of the person who may 
first sue therefor. 

[Approved by the Governor, March 8, 1830.] 



CHAP. LXXV. 

An Act to reduce the Capital Stock of the Asiatic 

Bank. 

Sec. 1. IjE z7 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 Monday of April next, the Capital Stock capital stock 
of the Corporation created by an act passed on the '^^''"<=^^- 
twelfth day of June, in the year of our Lord one 
thousand eight hundred and twenty-four, by the 
name of the President, Directors and Company of 
the Asiatic Bank, be, and the same hereby is re- 
duced to the sum of two hundred thousand dollars. 



364 



COMMERCIAL BANK. 



March 8, 1830. 



Sec. 2. Be it further enacted, That the number 
of shares in said Capital Stock shall remain the 
same as now established. 

Sec. 3. Be it further enacted, That no dividend 
Dividend, &c. of the Capital Stock of said Bank, as now existing, 
shall be made, until it shall have been proved to 
the satisfaction of the Governor and Council, or of 
Commissioners by them appointed, at the expense 
of said Corporation, that the sum to which the said 
Capital Stock is to be reduced, is sufficient to pay 
all notes in circulation, and all deposits and other 
demands existing against said Corporation, and that 
nothing contained in this act shall be construed to 
affect the liability of the Corporation or of the 
individual stockholders, as established by the ori- 
ginal act incorporating said Bank, or by any other 
existing law. And the said Corporation shall be 
holdea to pay into the Treasury of this Common- 
wealth their proportion of the tax now required to 
be paid by law upon the existing capital of said 
Bank, until the same shall be reduced as aforesaid, 
and all arrearages of taxes paid. 

[Approved by the Governor, March 8, 1830.] 



CHAP. LXXVI. 

An Act to reduce the Capital Stock of the Com- 
mercial Bank. 



Capital Stock 
reduced. 



Sec. 1. -DE 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 Monday of April next, the Capital Stock of the 
Corporation created by an act passed on the twelfth 
day of February, in the year of our Lord eighteen 
hundred and nineteen, by the name of the Presi- 
dent, Directors and Company of the Commercial 
Bank, be, and the same hereby is reduced to the 
sum of two hundred thousand dollars. 



ROXBURY W. PARISH. March 8, 1830. 365 

Sec. 2. Be it further enacted, That the number 
of shares in said Capital Stock shall remain the 
same as now established. 

Sec. 3. Be it further enacted, That no dividend Dividend, &c. 
of the Capital Stock of said Bank, as now existing, 
shall be made, until it shall have been proved to 
the satisfaction of the Governor and Council, or 
of Commissioners by them appointed, at the ex- 
pense of said Corporation, that the sum to which 
the said Capital Stock is to be reduced, is sufficient 
to pay all notes in circulation, and all deposits and 
other demands existing against said Corporation ; 
and that nothing contained in this act shall be con- 
strued to affect the liability of the Corporation, or 
of the individual stockholders, as established by the 
original act incorporating said Bank, or by any 
other existing law. And the said Corporation shall 
be holden to pay into the Treasury of this Com- 
monwealth their proportion of the tax now requir- 
ed to be paid by law upon the existing capital of 
said Bank, until the same shall be actually reduced 
as aforesaid, and all arrearages of taxes paid. 

[Approved by the Governor, March 8, 1830.] 



CHAP. LXXVII. 

An Act in addition to " An Act for incorporating a 
number of the inhabitants in the West Parish of 
Roxbury, with their estates, into a distinct Parish 
or Precinct." 

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 the Congrega- May hold reaj 
tional Society of the Third Parish in Roxbury, estate!"**** 
may take, hold, and possess, by gift, devise, pur- 



366 ROXBURY W. PARISH. March 8, 1830. 

chase, or otherwise, real and personal estate, not 
exceeding twenty-five thousand dollars, exclusive of 
the present lands, buildings, and appurtenances, as 
a ministerial fund, the income only of which shall 
be expended annually, and those only, whose pews 
in the meeting house in said Parish are taxed, shall 
be deemed legal voters, and said Corporation may 
choose all such officers, and make and establish 
such by-laws as the good management of their con- 
cerns may from time to time require : Provided, 

Proviso. ^j-^g same are not repugnant to the Constitution 

or laws of this Commonwealth. 

Sec. 2. Be it further enacted, That all monies 
necessary for the support of public worship in said 
Meeting-house, and all other parochial charges, 
and for repairs of buildings and fences on their 
lands, which may be duly voted to be raised, shall 

May assess pews, bc assesscd on the pews on the lower floor in said 
Meeting-house ; according to a scale of valuation 
agreed upon by a vote of said Parish, passed on 
the seventh day of January in the year of our Lord 
one thousand eight hundred and thirty, which said 
valuation is not to be changed for the term of five 
years from the second Monday of April next ; but, 
after that time, may be altered, and gallery pews 
may be included, if deemed expedient ; said as- 
sessments to be collected in the manner provided 
by an act entitled " An Act authorizing the pro- 
prietors of Churches, Meeting-houses, and other 
houses of public worship, to regulate and manage 
their property and interest therein," passed the 
twenty-fourth day of February, in the year of our 
Lord one thousand eight hundred and eighteen. 

Sec. 3. Be it further enacted, That said Pro- 
prietors shall hold their pews under their respec- 

SpersonafeT-^*^ tivc dccds, and thc same shall hereafter be consid- 

tate, &c. gred personal estate, and the mode of future trans- 

fers shall be determined by the by-laws of said 
Corporation, but no conveyance shall be valid un- 
til entered on the records of the Corporation. 
Sec 4. Be it further enacted, That any person 



MANUFAC. AND MEC. BANK. March 8, 1830. 367 

wishing to dispose of his or her pew, shall first give 

notice thereof to the standing Committee, stating the 

name of the person to whom it is intended to sell, P<"'f °^ :"'"d- 

and oiiermg the same to said Corporation ; and if 

said Corporation shall not elect to purchase and 

pay for such pew within thirty days from such 

notice, the same may be sold : Provided, all dues Proviso. 

thereon be first paid. 

Sec. 5. Be it further enacted, That this act shall „ 
be subject to alteration or repeal at the pleasure of 
the Legislature. 

[Approved by the Governor, March 8, 1830.] 



CHAP. LXXVIII. 

An Act to change the name and reduce the Capi- 
tal Stock of the Manufacturers and Mechanics 
Bank. 



Sec 1. i[3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Banking 
Corporation created and established in Boston, in 
the County of Suffolk, by an act passed and approv- 
ed the eighteenth day of February, in the year of 
our Lord one thousand eight hundred and fourteen, &cf '*''®"'"*' 
by the corporate name of the Manufacturers and 
Mechanics Bank, may, on and after the first Mon- 
day of April next, take the corporate name of the 
President, Directors and Company, of the Tremont 
Bank, and by that name, shall be known, and call- 
ed, and plead, and be impleaded. 

Sec. 2. Be it further enacted, That, on and 
after the said first Monday of April next, the Capi- Amount of capi- 
tal Stock of said Bank shall consist of five hun- 
dred thousand dollars, divided into five thousand 
48 



368 MANUFAC, AND MEC. BANK. March 8, 1830. 

shares of one hundred dollars each ; and in order 
to reduce said capital stock to that sum, and to 
make the shares of that amount, the President, and 
Directors of said Bank, shall, on said day, or as 
soon after as may conveniently be done, pay to 
such persons as may be owners and holders of said 
stock on that day, to each and every of them, one 
third part of the capital stock, so owned and held 
by each stockholder respectively, at its full par 
value, with such profits or dividend as may then 
belong to the same ; and shall then deliver, to such 
stockholders, new certificates, in shares of one 
hundred dollars each, for the stock remaining un- 
paid, receiving at the same time the old certifi- 
cates held by such stockholders : Provided, how- 

Proviso, ever, that in case there shall remain to any stock- 

holder, after receiving one third of his capital 
stock as aforesaid, and a new certificate at one 
hundred dollars for each share, a fraction or part 
of his capital stock, less than one hundred dollars, 
such fraction or part shall be paid to him at its 
full par value, or be adjusted in such other manner 
as the parties may elect and agree upon. 

Sec. 3. Be it further enacted. That no dividend 
of the capital stock of said Bank, as now existing, 
shall be made, until it shall have been proved to 
the satisfaction of the Governor and Council, or of 
Commissioners by them appointed, at the expense 
of said Corporation, that the sum to which the said 
capital stock is to be reduced, is sufficient to pay 
all notes in circulation, and all deposits and other 

Spi'iiufod«,&c. demands existing against said Corporation, and 
that nothing contained in this act shall be construed 
to affect the liability of the Corporation, or the in- 
dividual stockholders, as established by the original 
act incorporating said Bank, or any other existing 
law ; and the said Corporation shall be holden to 
pay into the Treasury of the Commonwealth their 
proportion of the tax now required to be paid by 
law upon the existing capital of said Bank, until the 



HIGHWAY OVER G. COVE. March 8, 1830. 369 

same shall be actually reduced as aforesaid and all 
arrearages of taxes paid. 

Sec. 4. Be it further enacted, That the liability 
of the President, Directors and Company of the president!' du 
said Bank to loan to the Commonwealth, shall be ^e<='°'-s,&c. 
in proportion to the sum of the capital of said Cor- 
poration, when reduced as aforesaid. 

Sec. 5. Be it further enacted, That so much of Repeal. 
the aforesaid act, passed February 14, 1814, as is 
inconsistent with the provisions of this act, be, and 
the same is hereby repealed. 

[Approved by the Governor, March 8, 1830.] 



CHAP. LXXIX. 

An Act to authorize the laying out of a Highway 
over Goose Cove, in the town of Gloucester. 

JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the County Com- 
missioners for the County of Essex, be, and hereby 
are authorized and empowered to lay out a public Commissioners 
Highway across Goose Cove, in the town of Glou- ^""p°*^'^^ ' 
cester, the same being navigable water, in case 
said Commissioners shall, after a full hearing, be 
of the opinion that the public good requires it. 

[Approved by the Governor, March 8, 1830.] 



370 MAYOll OF BOSTON. Marcli 8, 1830. 



CHAP. LXXX. 

An Act providing in certain cases for the Election 
of Mayor oi" the City of Boston. 

Sec. 1. UE it enacted by the Senate and Houst 
of Representatives, in General Court assembled, and 
by the authority of the same, That, whenever, onex- 
SiedinTer- amination by the Mayor and Aldermen of the City 
laiu cases. of Boston, of the rctums of votes given for Mayor, 
at the meetings of the wards holden for the pur- 
pose of electing that officer, last preceding the first 
Monday of January in each year, no person shall 
appear to have a majority of all the votes given for 
Mayor, the Mayor and Aldermen by whom such 
examination is made shall make a record of that 
fact, an attested copy of which it shall be the duty 
of the City Clerk to produce and read on the first 
Monday of January, in the presence of the mem- 
bers returned to serve as Aldermen and Common 
Council men, and thereupon the oaths prescribed 
by law may be administered to the members elect, 
by any one of the Justices of the Supreme Judicial 
Court, or any Judge of any Court of Record hol- 
den in said City, or by any Justice of the Peace for 
the County of Suffolk ; and thereupon the mem- 
bers of the Board of Aldermen shall proceed to 
elect a Chairman, and the Common Council a Pre- 
sident, in their respective Chambers; and being re- 
spectively organized, shall meet in Convention, and 
proceed to the election of Mayor, by ballot, from 
the three persons having the highest number of 
votes for that office at the last ballot in the wards, 
and the person having a majority of all the votes, 
shall be Mayor for the current year, being first 
duly sworn. And the same proceedings shall be 
had in case of the death of any person elected 
Mayor, prior to the meeting of the City Council 
on the first Monday in January. 



MAYOR OF BOSTON. March 8, 1830. 371 

Sec. 2. Be it further enacted, That in case any 
person elected Mayor of said City shall refuse to 
accept the office, the same proceedings shall be 
had in all respects as are herein before directed, in 
cases wherein there has been no choice, until a 
Mayor be chosen by a majority of votes : Pro- proviso. 
vided, that if such refusal be not known to the 
Mayor and Aldermen in season to enable them to 
issue warrants for ward meetings prior to the first 
Monday in January, the Convention shall proceed 
to the election of a Mayor by ballot, from the citi- 
zens at large, and the person having a majority of 
all the votes shall be Mayor for the current year, 
being first duly sworn. And in case of the una- 
voidable absence, by sickness or otherwise, of the 
Mayor, on the first Monday of January, the City 
Council shall organize itself in the mode herein 
before provided, and may proceed to business in 
the same manner as if the Mayor were present. 

Sec. 3. Be it further enacted, That this act shall . . , 
be void unless the inhabitants of said City of Bos- unless adopied 
ton, at a legal City meeting called for that purpose, I'in withu! fa* 
shall, by a written vote, determine to adopt the '^^iTa'^'e'" ''^ 
same, within twelve days from the time of the pass- 
age of this act. 

[Approved by the Governor, March 8, 1830.] 



372 COUNTY ATTORNIES. March 8, 1830. 

CHAP. LXXXl. 

An Act establishing Salaries for County Attornies. 

Sec. 1. UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, Tliat, from and after 
the first day of May next, the Attornies for the Com- 
monwealth, in the several counties thereof, shall 
receive for their services stated annual salaries, 
Vi'hich salaries, in the several counties hereinafter 
Sataries for mentioned, shall be as follows : for the County of 
Hies. Essex, three hundred dollars ; Middlesex, two hun- 

dred and fifty dollars ; Worcester, two hundred and 
fifty dollars; Bristol, two hundred dollars; Ply- 
mouth, one hundred and fifty dollars ; Barnstable, 
seventy-five dollars ; Dukes County, twenty dollars ; 
Nantucket, fifty dollars ; Berkshire, one hundred 
and twenty-five dollars ; Franklin, one hundred 
dollars ; Hampshire, one hundred dollars ; Hamp- 
den, one hundred dollars ; Norfolk, two hundred 
dollars. 

Sec. 2. Be it further enacted. That the salaries 
Salaries, how to aforesaid shall be paid semi-annually, out of the 
""*' ■ county treasuries of the respective counties of this 

Commonwealth, and the same shall be in full com- 
pensation for the services of the said County Attor- 
nies, and in lieu of all fees and charges heretofore 
received by them. And the said County Attornies 
shall, from and after the first day of May next, ren- 
der a semi-annual account to the Treasurer of 
their respective counties, of all fees received by 
them, and the amount so received by them shall 
be deducted from their respective salaries, or if 
they exceed the amount thereof, the balance shall 
be paid by them into the County Treasury ; and in 
the settlement of the accounts for expenses in crim- 
inal proceedings between the Commonwealth and 



EXCHANGE BANK. March 8, 1830. ST. 

the counties respectively, there shall no more be 
charged to the Commonwealth for the services of the 
County Attornies, than their salaries as aforesaid. 

Sec. 3. Be it further enacted, That whenever, by 
reason of the absence of the Attorney and Solicitor 
General, at any term of the Supreme Judicial 
Court, the County Attorney shall be required to per- 
form any service in said Court, he shall be entitled 
to receive therefor the usual taxable fees, as by 
law now established. 

[Approved by the Governor, March 8, 1830.] 



CHAP. LXXXH. 

An Act to reduce the Capital Stock of the Ex- 
change Bank. 

Sec. 1. -I>E it enacted hy the Senate and Rouse 
of Representatives, in General Court assembled, and 
by the authority of the same, That, from and after capital stock 
the first Monday of April next, the Capital Stock '^"**"'''^- 
of the Corporation created by an act of the Legis- 
lature passed on the thirty-first day of January, in 
the year of our Lord one thousand eight hundred 
and twenty-three, by the name of the President, 
Directors and Company of the Exchange Bank, be, 
and the same hereby is reduced to the sum of two 
hundred thousand dollars. 

Sec. 2. Be it further enacted, That the number 
of shares in said Capital Stock shall remain the 
same as now established. 

Sec. 3. Be it further enacted. That no dividend Dividend, &c. 
of the Capital Stock of said Bank, as now existing, 
shall be made, until it shall have been proved to the 
satisfaction of the Governor and Council, or of 
Commissioners by them appointed, at the expense 
of said Corporation, that the sum to which the said 



374 IRON MANUFACTORY^. March 8, 1830. 

Capital Stock is to be reduced, is sufficient to pay 
all notes in circulation, and all deposits, and other 
demands existing against said Corporation ; and 
that nothing contained in this act shall be constru- 
ed to affect the liability of the Corporation, or of 
the individual stockholders, as established by the 
uS^'^"^^ original act incorporating said Bank, or by any 
other existing law. And the said Corporation shall 
be holden to pay into the Treasury of this Com- 
monwealth their proportion of the tax now required 
to be paid by law, upon the existing capital of said 
Bank, until the same shall be actually reduced as 
aforesaid, and all arrearages of taxes paid. 

[Approved by the Governor, March 8, 1830.] 



CHAP. LXXXIIJ. 

An Act in addition to an Act entitled " An Act to 
incorporate Ebenezer Bickford and others, for 
the purpose of establishing an Iron Manufactory, 
and other purposes therein mentioned." 

-OE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Salem Iron 
Se''"''^^^^' Factory Company may hereafter hold real estate for 
the purposes of the Corporation, to the amount of 
fifty thousand dollars. 

[Approved by the Governor, March 8, 1830.] 



TISBURY FISH. Jl^arch 8, 1830. 375 



CHAP. LXXXIV. 

An Act to prevent the destruction of Fish by 
seining in the waters of Tisbury. 

Sec. I . 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 sei!ung°'&c! ^^ 
the passing of this act, it shall not be lawful for 
any person or persons to catch by seining thereof, 
or by the use of any nets, (excepting dip nets,) any 
fish in the waters of the Lagoon and Chappaquan- 
sett Ponds in the town of Tisbury, or the creeks, 
or shores adjoining said Ponds, or Holmes Hole 
harbor ; excepting English Herring, Menhaden 
and Mackerel : Provided, That this act shall not 
have force or effect to restrain the taking of fish rroviso. 
in the manner aforesaid, in any place more than 
one mile from the shores adjoining said Pond, ex- 
cepting Holmes Hole harbor. 

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 J',^g^°"|."'^-'' "^^ 
fine not exceeding ten dollars, nor less than one 
dollar, if the quantity of fish so taken, be less than 
one barrel ; but if the quantity shall be one barrel 
or more, such person, or persons, so offending, 
shall forfeit and pay, for each and every barrel of 
fish so taken, the sum of five dollars. 

Sec. 3. Be it further enacted, That all fines and 
forfeitures, which shall be incurred by virtue of this 
act, shall be recovered in an action of debt in any 
Court proper to try the same, by any person who May be sued, &c. 
shall first sue therefor, one half thereof to the use 
of the complainant, the other to the use of the 
town of Tisbury. 

[Approved by the Governor, March 8, 1830.] 
49 



376 



N. BAP. EDUCATION SOC. March 8, 1830. 



CHAP. LXXXV. 



Powers. 



An Act to incorporate the Northern Baptist Edu- 
cation Society. 

Sec. 1. XjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Daniel Sharp, 
p™s inoorpo- Lucius Bolles, Ebenezer Nelson, James D. Knowles, 
Bela' Jacobs, Cyrus P. Grosvenor, Howard Mal- 
comb, Henry Jackson, and John B. Jones, together 
with such others as are or may hereafter be associa- 
ted with them, are hereby formed into and consti- 
tuted a body politic and corporate, by the name of 
the Northern Baptist Education Society ; and they 
and their successors shall be and continue a body 
politic and corporate by that name forever. 

Sec. 2. Be it further enacted, That the said So- 
ciety may have a common seal ; by the name afore- 
said may sue and be sued ; and may choose such 
officers and make such by-laws, not repugnant to 
the Constitution and laws of this Commonwealth, 
as may be necessary for the promotion of the ob- 
jects of the Society. 

Sec. 3. Be it further enacted, That the said So- 
ciety shall be, and they are hereby made capable 
in law, of receiving any grants or devises of lands 
or tenements, in fee simple, or for a less estate, 
and also any donations or bequests of money, or 
other personal estate, which may have been made, 
or which may hereafter be made, by any person or 
persons whatever, and to use and improve the same 
for the purposes, and according to the directions 
herein mentioned : Provided, that the said Society 
shall, at no time, take, hold, or possess, in real and 
personal estate, a greater amount than sixty thou- 
sand dollars, upon a just valuation. 

Sec. 4. Be it further enacted. That all grants, do- 
nations, devises and bequests of any real or per- 



May receive 
grants, &c. 



N. BAP. EDUCATION SOC. March 8, 1830. 377 

sonal estate to the said Society, not exceeding in 
amount the sum of sixty thousand dollars, shall be 
used and improved to the best advantage, and the IJ'brapFoprr 
annual income thereof, together with the annual aied. 
subscriptions and contributions which shall be made 
to the said Society, shall be applied, annually, to 
the assistance of such young men in their educa- 
tion for the ministry, as the Society shall determine 
to be fit subjects thereof. 

Sec. 5. Be it further enacted, That the said So- ^^^ ^^^ ^^^j 
ciety, when they shall deem it most for their ad- estate and in- 

•' ,1 11- r • r -1 vest the same in 

vantage, may sell and dispose oi, m lee simple funds. 
or otherwise, all or any of the real estate belonging 
to them, and invest the same in funds, or may ap- 
ply their personal estate to the purchase of real 
estate, and the income of said real or personal es- 
tate shall be applied to the objects for which said 
estate was given. 

Sec. 6. Be it further enacted, That all deeds, 
grants, covenants and agreements, to be made for Deeds, &c how 

1 ir r -1 o • 1 II 1 1 to "e executed. 

and in behalf of said Society, shall be executed 
under the common seal of the same, and signed by 
the President and Secretary. 

Sec. 7. Beit further enacted, Th3itihesa.\dNorih- 
ern Baptist Education Society shall be taken and 
deemed to be the lawful successors of the Executive 
Committee of the Massachusetts Baptist Education 
Society, incorporated the tenth day of February, 
in the year of our Lord one thousand eight hun- 
dred and eighteen ; and shall succeed to all the 
rights and privileges, and be subject to all the duties 
and liabilities of said Executive Committee, except 
so far as the same are varied or altered by the pro- 
visions of this act. 

Sec. 8, Be it further enacted. That all parts of the 
said act passed on the tenth day of February, in Repeal. 
the year of our Lord one thousand eight hundred 
and eighteen, be, and the same hereby are repeal- 
ed, so far as the same are inconsistent with the pro- 
visions of this act. 

Sec 9. Be it further enacted, That this act shall 



378 STATE TAX. March d, 1830. 



be altered or repealed at the pleasure of the Le- 
gislature. 

[Approved by the Governor, March 8, 1830.] 



CHAP. LXXXVI. 

An Act to apportion and assess a Tax of Seventy 
Five Thousand Dollars. 

Sec. 1. JdE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That each city, town, 
fex!°"'"^"' district, or other place, herein after named, within 
this Commonwealth, shall be assessed, and pay the 
several sums with which they stand respectively 
charged in the following Schedule. 

COUNTY OF SUFFOLK. 

Boston, Twenty four thousand eight 
hundred and seventy four dollars and 
fifty cents, 24,874 60 

Chelsea, One hundred and twenty nine 

dollars and seventy -five cents, 129 75 

Twenty five thousand and four dollars 

and twenty five cents, 25,004 25 

COUNTY OF ESSEX. 

Salem, Three thousand five hundred and 

forty seven dollars and fifty cents, 3,547 50 

Marblehead, Five hundred and ninety 

six dollars and twenty five cents, 596 25 

Lynn, Three hundred and sixty seven 

dollars and fifty cents, 367 50 

Lynnfield, Fifty two dollars and fifty 

cents, 52 50 



STATE TAX. March 9, 1830. 379 

Danvers, Five hundred and three dollars Apporiioumei.t 

and twenty five cents, 503 25 

Beverly, Four hundred and fifty two dol- 
lars and twenty five cents, 452 25 

Wenham, Fifty seven dollars and seventy 

five cents, 57 75 

Hamilton, Ninety two dollars and twenty 

five cents, 92 25 

Manchester, One hundred and ten dol- 
lars and twenty five cents, 110 25 

Gloucester, Four hundred and eighty nine 

dollars, 489 00 

Ipswich, Two hundred and forty three 

dollars and seventy five cents, 243 75 

Rowley, One hundred and ninety six dol- 
lars and fifty cents, 196 50 

Newbury, Four hundred and nine dollars 

and fifty cents, 409 50 

Newburyport, One thousand and eighty 

five dollars and twenty five cents, 1,085 25 

Bradford, One hundred and seventy four 

dollars and seventy five cents, 1 74 75 

Boxford, One hundred and twenty five 

dollars and twenty five cents, 125 25 

Andover, Four hundred and twenty four 

dollars and fifty cents, 424 50 

Middleton, Sixty dollars and seventy five 

cents, 60 75 

Topsfield, One hundred and fifty eight 
dollars and twenty five cents, 158 25 

Methuen, One hundred and forty seven 

dollars, 147 00 

Haverhill, Three hundred and twenty 

seven dollars, 327 00 

Amesbury, One hundred and eighty three 

dollars, 183 00 

Salisbury, Two hundred and five dollars 

and fifty cents, 205 50 

West Newbury, One hundred and sixty 

four dollars and twenty five cents, 164 25 

Essex, One hundred and thirty one dol- 
lars and twenty five cents, 131 25 



380 



STATE TAX. 



March 9, 1830. 



of'xax!''""'''"^ Saugus, Sixty eight dollars and twenty 
five cents, 



68 25 



Ten Thousand three hundred and seven- 
ty three dollars and twenty five cents, 10,373 26 

COUNTY OF MIDDLESEX. 

Charlestown, Eight hundred and eighty 
seven dollars and twenty five cents, 

Cambridge, Four hundred and ninety 
four dollars and twenty five cents, 

West. Cambridge, One hundred and twen- 
ty two dollars and twenty five cents, 

Brighton, One hundred and twenty six 
dollars and seventy five cents, 

Medford, Two hundred and thirty nine 
dollars and twenty five cents. 

Maiden, One hundred and eighty three 
dollars, 

Newton, Two hundred and twenty four 
dollars and twenty five cents, 

Watertown, Two hundred and twenty six 
dollars and fifty cents, 

Waltham, Two hundred and thirty five 
dollars and fifty cents, 

Weston, One hundred and forty eight dol- 
lars and fifty cents, 

Lincoln, Eighty three dollars and twenty 
five cents, 

Lexington, One hundred and thirty two 
dollars, 

Sudbury, One hundred and forty one dol- 
lars and seventy five cents. 

East Sudbury, One hundred dollars and 
fifty cents, 

Natick, Ninety three dollars, 

Sherburne, One hundred and two dollars 
and seventy five cents, 

Holliston, One hundred and thirty two 
dollars, 

Hopkinton, One hundred and fifty four 
dollars and fifty cents. 



887 


25 


494 25 


122 


25 


126 


75 


239 


25 


183 


00 


224 25 


226 


50 


235 


50 


148 


50 


83 25 


132 


00 


141 


75 


100 50 


93 


00 


102 


75 


132 


00 


154 50 



STATE TAX. March 9, 1830. 381 

Framingham, Two hundred and three ^fTar""*^"' 

dollars and twenty five cents, 203 25 

Marlborough, Two hundred and nine dol- 
lars and twenty five cents, 209 25 

Stow, Ninety six dollars, 96 00 

Boxborough, Forty four dollars and twen- 
ty five cents, 44 25 

Concord, Two hundred and twenty two 

dollars, 222 00 

Bedford, Eighty four dollars, 84 00 

Burhngton, Fifty nine dollars and twenty 

five cents, 59 25 

Woburn, One hundred and fifty four dol- 
lars and fifty cents, 154 50 

Stoneham, Fifty four dollars, 54 00 

Reading, One hundred and forty six dol- 
lars and twenty five cents, 146 25 

South Reading, Eighty five dollars and 

fifty cents, 85 50 

Wilmington, Seventy eight dollars and 

seventy five cents, 78 75 

Billerica, One hundred and fifty dollars 

and seventy five cents, 150 75 

Tewksbury, Eighty three dollars and 

twenty five cents, 83 25 

Chelmsford, Ninety dollars and ninety 

cents, 90 90 

Carlisle, Sixty five dollars and twenty 

five cents, 65 25 

Westford, One hundred and thirty seven 

dollars and twenty five cents, 137 25 

Acton, Ninety three dollars, 93 00 

Littleton, Ninety five dollars and twenty 

five cents, 95 25 

Groton, Two hundred and eleven dollars 

and fifty cents, 211 50 

Dracut, One hundred and twenty seven 

dollars and fifty cents, 127 50 

Dunstable, Sixty dollars, 60 00 

Shirley, Seventy dollars and fifty cents, 70 50 

Tyngsborough, Seventy two dollars and 

seventy five cents, 72 75 



107 


25 


60 


60 


120 


15 


6,921 


00 



382 STATE TAX. March 9, 1830. 

Apportionment TowDsend, One hundred and ten dollars 
°'"'^^'- and twenty five cents, 110 25 

Ashby, One hundred and seven dollars 

and twenty five cents, 
Lowell, Sixty dollars and sixty cents, 
Pepperell, One hundred and twenty dol- 
lars and seventy five cents, 

Six thousand nine hundred and twenty 
one dollars, 

COUNTY OF NORFOLK. 

Roxbury, Six hundred and thirty three 

dollars and seventy five cents, 633 75 

Dorchester, Four hundred and seventy 

four dollars and seventy five cents, 474 75 

Brookline, One hundred and ninety seven 

dollars and twenty five cents, 197 25 

Milton, Two hundred and seven dollars, 207 00 

Quincy, One hundred and ninety eight 

dollars, 198 00 

Braintree, One hundred and thirty six 

dollars and fifty cents, 136 50 

Weymouth, Two hundred and forty six 

dollars, 246 00 

Cohasset, One hundred and ten dollars 

and twenty five cents, 110 25 

Needham, One hundred and thirteen dol- 
lars and twenty five cents, 1 13 25 

Medfield, Eighty seven dollars and seven- 
ty five cents, 87 75 

Dover, Seventy dollars and fifty cents, 70 50 

Medway, One hundred and fifty nine dol- 
lars and seventy five cents, 159 75 

Bellingham, One hundred dollars and fifty 

cents, 100 50 

Franklin, One hundred and forty seven 

dollars and seventy five cents, 147 75 

Wrentham, Two hundred and twenty two 

dollars, 222 00 

Walpole, One hundred and thirty five dol- 
lars and seventy five cents, 135 75 



STATE TAX. Marc/t 9, 1 830. 383 

Foxborough, Seventy seven dollars and Apportionment 

twenty live cents, 77 25 

Sharon, Eighty six dollars and twenty five 

cents, 86 25 

Dedham, Three hundred and seven dol- 
lars and fifty cents, 307 50 

Stoughton, Eighty four dollars, 84 00 

Randolph, One hundred and fifty six dol- 
lars, 156 00 

Canton, One hundred and nineteen dol- 
lars and twenty five cents, 119 25 

Four thousand and seventy one dollars, 4,071 00 
COUNTY OF PLYMOUTH. 

Plymouth, Four hundred and eleven dol- 
lars, 

Kingston, One hundred and thirty dollars 
and fifty cents, 

Duxbury, Two hundred and thirteen dol- 
lars, 

Marshfield, One hundred and seventy four 
dollars and seventy five cents, 

Pembroke, One hundred and sixteen dol- 
lars and twenty five cents, 

Hanson, Seventy five dollars and seventy 
five cents, 

Bridgewater, One hundred and fifty seven 
dollars and fifty cents, 

Middleborough, Three hundred and nine- 
ty nine dollars and seventy five cents, 

Rochester, Two hundred and forty dol- 
lars, 

Wareham, Seventy four dollars and twen- 
ty five cents, 

Carver, Seventy seven dollars and twenty 
five cents, 

Plympton, Eighty dollars and twenty five 
cents, 

Halifax, Sixty one dollars and fifty cents, 
50 



411 


00 


130 50 


213 


00 


174 


75 


116 25 


75 


75 


157 


50 


399 


75 


240 00 


74 25 


77 25 


80 


25 


61 


50 



384 STATE TAX. March 9, 1830. 

Apponionmeni AbingtOH, One hundred and sixty two dol- 
lars and seventy five cents, 162 75 

Hanover, One hundred and eighteen dol- 
lars and fifty cents, 118 50 

Scituate, Three hundred and eighteen 

dollars and seventy five cents, 318 75 

Hingham, Two hundred and seventy nine 

dollars and seventy five cents, 279 75 

Hull, Twenty five dollars and fifty cents, 25 50 

North Bridge water. One hundred and 
twenty nine dollars and seventy five 
cents, 129 75 

West Bridgewater, One hundred and 

eight dollars, 108 00 

East Bridgewater, One hundred and 

twenty six dollars, 126 00 

Three thousand four hundred and eighty 

dollars and seventy five cents, 3,480 75 

COUNTY OF BRISTOL. 

Taunton, Four hundred and six dollars 

and fifty cents, 406 50 

Raynham, Eighty four dollars and seventy 

five cents, 84 75 

Easton, One hundred and forty one dol- 
lars, 141 00 

Norton, One hundred and fifty two dol- 
lars and twenty five cents, 152 25 

Mansfield, Seventy nine dollars and fifty 

cents, 79 50 

Attleborough, Two hundred and forty six 

dollars, 246 00 

Rehoboth, One hundred and ninety five 

dollars and seventy five cents, 195 75 

Seekonk, One hundred and thirty six dol- 
lars, 136 00 

Dighton, One hundred and thirty three 

dollars and fifty cents, 133 50 

Pawtucket, Sixty eight dollars, 68 00 

Swanzey, One hundred and twenty three 

dollars and seventy five cents^ 123 75 



STATE TAX. March d,U30. 38c 

Somerset, Eighty two dollars and fifty Apportionment 

cents, 82 50 

Berkley, Eighty dollars and twenty five 

cents, 80 25 

Freetown, One hundred and thirty one 

dollars and twenty five cents, 131 25 

Troy, One hundred and nineteen dollars 

and twenty five cents, 119 25 

Westport, Two hundred and nine dollars 

and twenty five cents, 209 25 

Dartmouth, Two hundred and sixty one 

dollars, 261 00 

New Bedford, Seven hundred and eighty 

dollars, 780 00 

Fairhaven, Two hundred and fifty six dol- 
lars and fifty cents, 256 50 

Three thousand six hundred and eighty 

one dollars, 3,681 00 

COUNTY OF BARNSTABLE. 

Barnstable, Two hundred and seventy 

dollars, 270 00 

Sandwich, Two hundred and thirty one 

dollars and seventy five cents, 231 75 

Falmouth, Two hundred and twenty two 

dollars and seventy five cents, 222 75 

Dennis, One hundred and one dollars and 

twenty five cents, 101 25 

Harwich, Eighty three dollars and twen- 
ty five cents, 83 25 

Brewster, Eighty eight dollars and fifty 

cents, 88 50 

Chatham, One hundred and three dollars 

and fifty cents, 103 50 

Orleans, Seventy eight dollars and seven- 
ty five cents, 78 75 

Eastham, Thirty nine dollars and seventy 

five cents, 39 75 

Wellfleet, Sixty nine dollars, 69 00 

Truro, Fifty six dollars and twenty five 

cents, 56 25 



386 STATE TAX. March 9, 1830. 

^-Tax"""""^"' Provincetown, Ninety eight dollars and 

twenty live cents, 98 25 

Yarnriouth, One hundred and fifty two 

dollars and twenty five cents, 152 25 

One thousand five hundred and ninety 

five dollars and twenty five cents, 1,595 25 

COUNTY OF DUKES' COUNTY. 

Edgartown, Ninety four dollars and fifty 

cents, ' 94 50 

Chilmark, Ninety three dollars, 93 00 

Tisbury, Ninety seven dollars and fifty 

cents, 97 50 

Two hundred and eighty five dollars, 285 00 

COUNTY OF NANTUCKET. 

Nantucket, Fourteen hundred and ninety 

one dollars, 1,491 00 

COUNTY OF WORCESTER. 

Worcester, Six hundred and nineteen dol- 
lars and fifty cents, 619 50 

Leicester, One hundred and forty six dol- 
lars and twenty five cents, 146 25 

Spencer, One hundred and seventy dol- 
lars and twenty five cents, 170 25 

Brookfield, Two hundred and thirty three 

dollars and twenty five cents, 233 25 

Western, One hundred and fourteen dol- 
lars and seventy five cents, 114 75 

North Brookfield, One hundred and eleven 

dollars, 111 00 

Sturbridge, One hundred and seventy 

seven dollars and seventy five cents, 177 75 

Charlton, Two hundred and forty two 

dollars and twenty five cents, 242 25 

Dudley, One hundred and thirty eight dol- 
lars and seventy five cents, 138 75 



STATE TAX. March 9, 1830. 387 

Douglas, Ninety eight dollars and twenty Apporiionaiem 

five cents, ^ 98 25 ° " 

Uxbridge, One hundred and seventy three 

dollars and twenty five cents, 173 25 

Northbridge, Sixty four dollars and fifty 

cents, 64 50 

Mendon, Two hundred and twenty six 

dollars and fifty cents, 226 50 

Milford, One hundred and twenty nine 

dollars, 129 00 

Grafton, One hundred and forty six dol- 
lars and twenty five cents, 146 25 

Sutton, One hundred and seventy two dol- 
lars and fifty cents, 172 50 

Millbury, One hundred and six dollars 

and fifty cents, 106 50 

Upton, Eighty two dollars and fifty cents, 82 50 

Oxford, One hundred and twenty six dol- 
lars and seventy five cents, 126 75 

Ward, Sixty one dollars and fifty cents, 61 50 

Shrewsbury, One hundred and fifty seven 

dollars and fifty cents, 157 50 

Westborough, One hundred and twenty 

nine dollars, 129 00 

Southborough, One hundred and eleven 

dollars and seventy five cents. 111 75 

Northborough, One hundred and five dol- 
lars and seventy five cents, 105 75 

West Boylston, Eighty seven dollars and 

seventy five cents, 87 75 

Lancaster, One hundred and seventy 

eight dollars and fifty cents, 178 50 

Harvard, One hundred and forty four dol- 
lars, 144 00 

Boylston, Ninety three dollars and seven- 
ty five cents, 93 75 

Bolton, One hundred and seventeen dol- 
lars, 117 00 
Berlin, Sixty nine dollars, 69 00 
Sterling, One hundred and eighty three ^ 
dollars and seventy five cents, 183 75 ^ 



388 STATK TAX. i/arc/i 9, 1 830. 

Apporiionment PrincetOD, OiiG liundied and fifty nine 

dollars, 159 00 

Holden, One hundred and thirty two dol- 
lars, 132 00 

Rutland, One hundred and sixty two 

dollars, 162 00 

Oakham, Eighty six dollars and twenty 

five cents, 86 26 

Paxton, Sixty three dollars and seventy 

five cents, 63 15 

New Braintree, One hundred and ten dol- 
lars and twenty five cents, 110 25 

Hardwick, One hundred and sixty six dol- 
lars and fiftv cents, 166 50 

Hubbardston, One hundred and twenty 

seven dollars and fifty cents, 127 50 

Petersham, One hundred and seventy 

six dollars and twenty five cents, 176 25 

Leominster, One hundred and sixty four 

dollars and twenty five cents, 164 25 

Lunenburg, One hundred and thirty dol- 
lars and fifty cents, 130 50 

Westminster, One hundred and fifty nine 

dollars and seventy five cents, 159 75 

Fitchburg, One hundred and thirty nine 

dollars and fifty cents, 139 50 

Gardner, Seventy five dollars and seven- 
ty five cents, 75 75 

Ashburnham, One hundred and eight dol- 
lars, 108 00 

Winchendon, One hundred and fifteen 

dollars and fifty cents, 115 50 

Royalston, One hundred and twenty nine 

dollars and seventy five cents, 129 75 

Templeton, One hundred and twenty six 

dollars, 126 00 

Athol, One hundred and fourteen dollars 

and seventy five cents, 114 75 

Phillipston, Ninety one dollars and fifty 

cents, 91 50 

Dana, Forty eight dollars and seventy 

five cents, ' 48 75 



STATE TAX. March 9, 1830. 389 

Southbridge, One hundred and six dol- Apporiiioninem 

lars and fifty cents, 106 50 

Barre, Two hundred and thirty six dol- 
lars and twenty five cents, 236 25 

Seven thousand six hundred and forty 
nine dollars and twenty five cents, 7,649 25 

COUNTi^ OF HAMPDEN. 

Springfield, Four hundred and forty nine 

dollars and twenty five cents, 
Longmeadow, One hundred and twenty 

dollars, 
Wilbraham, One hundred and fifty seven 

dollars and fifty cents, 
Monson, One hundred and seventy one 

dollars, 
Brimfield, One hundred and sixty nine 

dollars and fifty cents, 
Wales, Sixty dollars and seventy five 

cents, 
Holland, Forty one dollars and twenty 

five cents. 
Palmer, Ninety dollars, 
Ludlow, Eighty five dollars and fifty cents, 
West Springfield, Three hundred and 

thirty seven dollars and fifty cents, 
Westfield, Two hundred and twenty five 

dollars, 
Southwick, One hundred and thirty three 

dollars and fifty cents, 
Granville, One hundred and twenty nine 

dollars, 
Tolland, Fifty six dollars and twenty five 

cents, 
Blandford, One hundred and twenty nine 

dollars and seventy five cents, 
Chester, Ninety four dollars and fifty 

cents, 
Russell, Thirty six dollars, 



449 25 


120 00 


157 


50 


171 


00 


169 


50 


60 75 


41 


25 


90 


00 


85 


50 


337 


50 


225 00 


133 50 


129 00 


56 25 


129 


75 


94 50 


36 


00 



390 STATE TAX. March 9, 1S30, 

^fTa"'""""^"' Montgomery, Thirty six dollars and seven- 
ty five cents, 36 73 

Two thousand five hundred and twenty 

three dollars, 2,523 00 

COUNTY OF HAMPSHIRE. 

Northampton, Three hundred and twenty 
eight dollars and fifty cents, 

Southampton, Ninety three dollars, 

Westhampton, Seventy eight dollars and 
seventy five cents, 

Hatfield, One hundred and thirty five dol- 
lars and seventy five cents, 

Williamsburgh, One hundred and eight 
dollars and seventy five cents, 

Goshen, Sixty five dollars and twenty 
five cents, 

Plainfield, Eighty five dollars and fifty 
cents, 

Cummington, Eighty nine dollars and 
twenty five cents, 

Easthampton, Fifty two dollars and fifty 
cents, 

Worthington, One hundred and fifteen 
dollars and fifty cents, 

Middlefield, Seventy eight dollars, 

Chesterfield, One hundred and thirteen 
dollars and twenty five cents, 

Norwich, Sixty six dollars and seventy 
five cents, 

Hadley, One hundred and forty five dol- 
lars and fifty cents. 

South Hadley, Ninety dollars and seven- 
ty five cents, 

Granby, Eighty four dollars and seventy 
five cents, 

Belchertown, One hundred and seventy 
six dollars and twenty five cents, 

Enfield, Seventy seven dollars and twenty 
five cents, 



328 50 


93 00 


78 


75 


135 75 


108 75 


65 25 


85 


50 


89 25 


52 50 


115 


50 


78 


00 


113 


25 


66 


75 


145 


50 


90 


75 


84 75 


176 25 


77 


25 



STATE TAX. Mirc/i 9, 1830. 391 

Greenwich, Sixty nine dollars, 69 00 Apportionment 

Ware, Eighty one dollars and seventy five 

cents, 81 75 

Pelham, Sixty dollars and seventy five 

cents, 60 75 

Amherst, One hundred and eighty three 

dollars and seventy five cents, 183 75 

Prescott, Sixty two dollars and twenty five 

cents, 62 25 

Two thousand four hundred and forty 

two dollars and seventy five cents, 2,442 75 

COUNTY OF FRANKLIN. 

Greenfield, One hundred and sixty two 

dollars, 162 00 

Gill, Sixty three dollars and seventy five 

cents, 63 75 

Barnardston, Seventy six dollars and fifty 

cents, 76 50 

Leyden, Seventy nine dollars and fifty 

cents, 79 50 

Shelburne, Eighty seven dollars and 

seventy five cents, 87 75 

Colraine, One hundred and sixty eight 

dollars and seventy five cents, 168 75 

Heath, Seventy one dollars and twenty 

five cents, 71 25 

Rowe, Fifty four dollars and fifty cents, 54 50 
Monroe, Four dollars and seventy five 

cents, 4 75 

Charlemont, Eighty one dollars, 81 00 

Buckland, Seventy six dollars and fifty 

cents, 76 50 

Hawley, Seventy two dollars and seventy 

five cents, 72 75 

Ashfield, One hundred and thirty three 

dollars and fifty cents, 133 50 

Conway, One hundred and sixty seven 

dollars and twenty five cents, 167 25 

51 



892 STATE TAX. March 9, 1830. 

Apportionment Deerficld, One hundred and ninety two 
"''^"- dollars, 192 00 

Whately, Ninety six dollars, 96 00 

Northfield, One hundred and fifty five 

dollars and twenty five cents, 155 25 

Warwick, One hundred and ten dollars 
^ and twenty five cents, 110 25 

Orange, Eighty five dollars and fifty 

cents, 85 50 

Montague, Eighty five dollars and fifty 

cents, 85 50 

Sundorland, Sixty three dollars, 63 00 

Leverett, Fifty nine dollars and twenty 

five cents, 59 25 

Wendell, Seventy dollars and fifty cents, 70 50 
New Salem, One hundred and thirty two 

dollars and twenty seven cents, 132 27 

Shutesbury, Sixty one dollars and ninety 

eight cents, 61 98 

Erving's Grant, Twenty dollars and twen- 
ty five cents, 20 25 

Two thousand four hundred and thirty 

one dollars and fifty cents, 2,431 50 

COUNTY OF BERKSHIRE. 

Sheffield, Two hundred dollars and twen- 
ty five cents, 200 25 

Mount Washington, Twenty eight dollars 

and fifty cents, 28 50 

New Marlborough, One hundred and 

thirty eight dollars, 138 00 

Sandisfield, One hundred and fifty three 

dollars and seventy five cents, 153 75 

Otis, Sixty five dollars and twenty five 

cents, 65 25 

Tyringham, Ninety nine dollars, 99 00 

Great Barrington, One hundred and 
seventy one dollars and seventy five 
cents, 171 75 

Egreniont, Sixty five dollars and twenty 

five cents, 65 25 



STATE TAX. March9,\S30. 393 

Alford, Fifty dollars and twenty five cents, 50 25 Apportiom«ei.i 

Becket, Eighty one dollars and seventy 

five cents, 81 75 

Stockbridge, One hundred and forty dol- 
lars and twenty five cents, 140 25 

West Stockbridge, Eighty eight dollars 

and fifty cents, 88 50 

Richmond, One hundred and two dollars, 102 00 

Washington, Forty eight dollars, 48 00 

Lee, One hundred and twenty dollars, 120 00 

Lenox, One hundred and twenty two dol- 
lars and twenty five cents, 122 25 

Pittsfield, Two hundred and seventy 
seven dollars and fifty cents, 

Dalton, Seventy dollars and fifty cents, 

Hinsdale, Sixty six dollars and seventy 
five cents, 

Peru, sixty six dollars, 

Windsor, Seventy eight dollars, 

Cheshire, One hundred and twenty four 

dollars and fifty cents, 124 50 

Lanesborough, One hundred and thirty 
five dollars. 

New Ashford, Thirty dollars, 

Adams, One hundred and fifty six dollars 

Hancock, Ninety six dollars, 

Williamstown, One hundred and seventy 
seven dollars. 

Savoy, Forty nine dollars and fifty cents, 

Clarksburgh, Eighteen dollars and seven- 
ty five cents, 18 75 

Florida, Twenty three dollars and twenty 

five cents, 23 25 

Gore of Land, West of Williamstown, 

four dollars and fifty cents, 4 50 

Boston Corner, Three dollars, 3 00 

Three thousand and fifty one dollars, 3,051 00 



277 


50 


70 


50 


66 


75 


66 


00 


78 


00 



135 


00 


30 


00 


156 


00 


96 


00 


177 


00 


49 50 



394 STATE TAX. March 9, 1830. 



Apporlionmeni 
of Tax. 



AGGREGATE OF THE SEVERAL COUNTIES. 



Suffolk, Twenty five thousand and four 

dollars and twenty five cents, 25,004 25 

Essex, Ten thousand three hundred and 

seventy three dollars and twentv five 

cents, ' 10,373 25 

Middlesex, Six thousand nine hundred 

and twenty one dollars, 6,921 00 

Norfolk, Four thousand and seventy one 

dollars, 4,071 00 

Plymouth, Three thousand four hundred 

and eighty dollars and seventy five 

cents, ' 3,480 75 

Barnstable, One thousand five hundred 

and ninety five dollars and twenty five 

cents, 1,595 25 

Dukes County, Two hundred and eighty 

five dollars, 285 00 

Nantucket, One thousand four hundred 

and ninety one dollars, 1,491 00 

Worcester, Seven thousand six hundred 

and forty nine dollars and twenty five 

cents, 7,649 25 

Hampden, Two thousand five hundred 

and twenty three dollars, 2,523 00 

Franklin, Two thousand four hundred 

and thirty one dollars and fifty cents, 2,431 50 
Hampshire, Two thousand four hundred 

and forty two dollars and seventy five 

cents, 2,442 75 

Bristol, Three thousand six hundred and 

eighty one dollars, 3,681 00 

Berkshire, Three thousand and fifty one 

dollars, 3,051 00 

Seventy five thousand dollars, ^75,000 00 



STATE TAX. March d, 1830. 395 

Sec. 2. Be it further enacted, That the Treasurer Treasurer to 
of this Commonwealth shall, forthwith, send his 
warrant, directed to the Selectmen or Assessors, of 
each city, town, district, or other place, taxed, as 
aforesaid, requiring them respectively, to assess, in 
dollars and cents, the sum so charged in manner 
following, viz : To assess one sixth part of the sum 
so charged, (as near as the same can conveniently 
be done) on the male polls, above the age of six- 
teen years, within their respective city, towns, dis- 
tricts, or other places adjoining them, not belong- 
ing to any other town, district, or other place ; 
(provided such other places were returned or in- 
cluded in the last valuation) and the remainder of 
such sum charged as aforesaid, to each city, town, 
district or other place, respectively, to assess upon the 
respective inhabitants thereof according to the value 
of the real estate therein possessed or owned by each 
of them, on the first day of May next, either in his 
own right or the right of others, improved or not 
improved, (excepting pews in houses of public wor- 
ship,) or upon the owners of real estate in such 
city, town, district, or other place (whether the 
owner resided in the same or not on the said first 
day of May) according to the just value thereof, 
and upon non-resident proprietors of real estate, 
lying within such city, town, district or other place, 
in their own right, or the right of others, improved 
or not improved, and also, on all the inhabitants of 
such city, town, district, or other place, and all the 
persons possessing estates within the same, on the 
said first day of May, according to the proportion 
of the amount of their respective personal estates, 
including all monies at interest, more than they pay 
interest for, and all other debts due to them more 
than they are indebted for, monies of all kind on 
hand, public securities of all sorts, and all bank 
and insurance stock and shares, or property in any 
incorporated company for a bridge or turnpike 
road, or shares in any other incorporated company 
possessing taxable property, according to the just 



396 



STATE TAX. 



March 9, 1830. 



Minors, wliere 
to be taxed. 



Selectmen to 
make list of as- 
sessments, de- 



value thereof; and also the amount of all goods, 
wares and merchandize, or any other stock in trade, 
including stock employed in manufactories, vessels 
of all kinds, at home or abroad, with all their stores 
and appurtenances, and all pleasure carriages 
drawn by one or more horses ; mules, horses and 
neat cattle, each of one year old and upwards, and 
swine and sheep of six months old and upwards, 
excepting that for all horses, neat cattle, sheep and 
swine, which shall be kept throughout the year 
within any city, town, or other place, the owner 
thereof shall be taxed therefor, where said stock 
may be so kept ; and also the amount of the income 
of such inhabitants from any profession, handicraft, 
trade or employment, or gained by trading at sea 
or on land, and also all other property of the se- 
veral kinds returned in the last valuation, or liable 
to taxation, by any law, excepting household fur- 
niture, (less than one thousand dollars in value) 
wearing apparel, farming utensils, and tools of me- 
chanics, necessary for carrying on their business. 

Sec. 3. Be it further enacted^ That all minors, 
liable to taxation by this act, shall be taxed in the 
cities, towns, districts, or other places, where the 
parents, masters, or guardians, under whose imme- 
diate government the said minors are, may reside, 
or if he have no parents, master or guardian within 
the state, such minor shall be personally taxed for 
his poll as though he were of full age ; and every 
freeholder or tenant who by force of this act may 
be assessed, and shall pay any sum for real estate 
in his possession, may require his landlord, the 
owner or agent of such estate, to reimburse the 
half of such sum unless it be otherwise provided 
for, by an agreement between them. 

Sec. 4. Be 27 /itr^/ter ewadec?. That the Treasurer 
in his said warrant shall require the said selectmen 
or assessors respectively to make a fair list or lists 
of their assessments, setting forth against each per- 
sons name how much he or she is assessed for polls, 
and for real and personal estate and income res- 



STATE TAX. March 9, 1830. 397 

pectively as aforesaid, distinguishing any sum as- 
sessed on such person as guardian, and also to 
insert in such lists the number of acres of land, 
which may have been taxed to each non-resident 
proprietor of lands, and the value at which they 
may have estimated the same ; and such list or lists 
when completed and signed by them or the major 
part of them to commit to the collector or collec- 
tors, constable or constables of such city, town, 
district or other place respectively, with a warrant 
or warrants in due form of law, requiring them to 
collect and pay the same to the said Treasurer, on 
or before the first day of April, in the year of our 
Lord one thousand eight Tiundred and thirty one, 
and return a certificate of the names of such col- 
lector or collectors, constable or constables, with 
the sum which they may be so required respectively 
to collect, to the said Treasurer, some time before 
the first day of December next ; and whereas, there 
are many persons within this Commonwealth en- 
gaged in trade, who negotiate much business, and 
hire or occupy shops, and stores, and wharves, or 
either of them, in any city, towns, districts, or 
places, other than where they dwell, whose pro- 
perty and ability can be better known to the as- 
sessors of the city or several towns wherein such 
business is transacted, than to the assessors of the 
town, district, or other place where they may dwell ; 
Therefore, 

Sec. 5. Be it further enacted, That for such goods, 
wares and merchandize, or other stock employed Property, where 
in trade, including stock employed in manufacto- 
ries, ships or vessels as are sold, used or improved 
in a city, towns, districts or other places, other than 
where the owners thereof may dwell, such owners 
shall be respectively taxed therefor, in such city, ' 
town, district, or other place : Provided, such per- 
son or persons do hire or occupy a store, shop or 
wharf, in such city, town, district, or other place, 
and not where they dwell or have their home, and 



398 



STATE TAX. 



March 9, 1830. 



Property ex- 
empt. 



County Com- 
missioners to ap- 
portion Tax. 



they shall be respectively held to deliver on oath or 
affirmation, if required, a list of their whole taxable 
estate, to the assessors of the city, town, district, 
or other place, where they dwelt on the said first 
day of May, distinguishing what part thereof is 
taxable elsewhere, and in default thereof, they may 
be doomed by said assessors. 

Sec. 6. Be it further enacted, That all persons 
who have the management of the estates of Har- 
vard, Williams, and Amherst Colleges, and of the 
Academies established by law respectively, shall 
not be assessed for the same, and that Indians shall 
not be assessed for their polls and estates, nor shall 
the Massachusetts General Hospital, Berkshire 
Medical Institution, or the Boston Atheneum, be 
assessed for any real or personal estate belonging 
to them respectively ; and if there be any persons 
who, by reason of age, infirmity, or poverty, may 
be unable to contribute towards the public charges, 
in the judgment of the said assessors respectively, 
they may exempt the polls and estates of such per- 
sons, or abate any part of what they are assessed, 
as the said assessors may deem just and equitable : 
Provided, however, that nothing contained in this 
act shall be so construed as to prevent the town of 
Cambridge from taxing the houses or lands belong- 
ing to the Corporation of Harvard College, without 
the College bounds, in their town tax, excepting 
such estates as are occupied by the President of 
said College, or by any of the Professors, Tutors, 
or Instructers thereto belonging; or by Students 
or Resident Graduates, or shall be unoccupied, or 
to prevent the town of Andover from taxin^g such 
real estate belonging to the Corporation of Phillips 
Academy, situated in said town, as shall not be 
under the immediate occupation and improvement 
of said Corporation. 

Sec. 7. Be it further enacted, That the County 
Commissioners in their respective counties, when 
duly authorized to assess a county tax, shall appor- 
tion the same on the several towns, districts, and 



STATE TAX. March 9, 1830, 399 

other places therein, according to the proportion at 
which they are rated in this act, and in the assess- 
ments of all county, city, town, parish, or society 
taxes, the assessors of each city, town, district, 
parish, society, or other place within this Common- 
wealth, shall govern themselves by the rules con- 
tained in this act, having regard to all such altera- 
tions of polls and property as may happen within 
the same, subsequent to the assessments of the tax 
laid by this act, excepting such parishes and socie- 
ties for which a different provision for assessing 
their taxes is made by law : Provided, that no tax 
shall be assessed on any Minister of the Gospel by 
the Parish or Religious Society of which he is the 
settled Minister : And provided, that it shall be 
lawful for any city, town, district, parish, or society, 
to make, levy and collect any city, county, town, 
parish, or society tax, according to a new valua- 
tion, and for that purpose to cause a new valuation 
to be taken therein, at any time of the year which 
they may determine to be necessary, at a legal 
meeting to be warned for that purpose. Provided 
also, that the whole amount of poll taxes assessed 
in any one year, on any individual, for any city, 
town, and county purposes, highway taxes excepted, 
shall not exceed the sum of one dollar and fifty 
cents. 

Sec. 8. Be it further enacted, That whenever 
any tax shall be assessed on any real estate, liable 
to taxation, said tax shall be a lien on said estate, 
and if the occupant, or reputed owner, shall neglect J^^^t'/J'^'^Y" 
to discharge said tax for the term of fourteen days 
after demand made for the same, the person au- 
thorized to collect said tax may proceed in the 
same manner in its collection, from a sale of so 
much of the same as may be necessary for the dis- 
charge of the tax, and all costs incident to the col- 
lection of the same, in tlie same manner as collec- 
tors of taxes may proceed to collect taxes assessed 
on lands ol non resident proprietors. 
52 



400 



ROXBURV FIRE DEP. 



March 9, 1830. 



Sec. 9. Be it further enacted, That it shall not 
be necessary for assessors of taxes to reduce the 
value of taxable property below the true value 
thereof, in the assessment of any state, county, city, 
town, district, parish, or society tax ; and the form 
of the valuation list prescribed by law may be so 
altered as to conform to this provision. 

[Approved by the Governor, March 9, 1830.] 



CHAP. LXXXVH. 

An Act to establish a Fire Department in the 
Town of Roxbury. 



Officers, &c. 



May fill vacan- 
cies, &c. 



Sec. 1. JI>E it enacted by the Senate and Houst 
of Representatives, in General Court assembled, and 
by the authority of the same, That the fire depart- 
ment of the town of Roxbury shall hereafter con- 
sist of a chief engineer, and as many assistant en- 
gineers, not exceeding twelve, as the Selectmen of 
said town shall, annually, on the first Wednesday 
in April, appoint, who shall hold their ofiices for 
one year from the first day of May next succeed- 
ing ; also, as many engine men, hose men, and 
hook and ladder men, as the Selectmen shall an- 
nually, on the first Wednesday in April, or as soon 
thereafter as may be, appoint : Provided, that the 
number of enginemen shall not exceed fifty to every 
hydraulion or suction engine, thirty to every com- 
mon engine, five to every hose carriage, and twen- 
ty five hook and ladder men. 

Sec. 2. Be it further enacted, That the Select- 
men of said town of Roxbury, be, and they are 
hereby authorized and required to fill any vacan- 
cies occurring in said Fire Department, to give cer- 
tificates of appointments to the members thereof. 



ROXBURY FIRE DEP. March 9, 1830. 401 

and to fix and establish from time to lime the pow- 
ers and duties of the officers and members of said 
Fire Department, respectively, in relation to fire 
engines, and all their fire apparatus, belonging to, 
or used in said town, and the care and manage- 
ment thereof, and to fix and ordain rules and regu- 
lations for the conduct of said officers and mem- 
bers, and of the citizens present at fires, and to 
annex penalties for the breach thereof, not exceed- 
ing twenty dollars, which penalties may be sued 
for in the name of the Treasurer of said town, in 
any Courts proper to try the same : Provided, such 
rules and regulations shall not be binding and valid ^'■o*"^*' 
until the same shall be published in some newspa- 
per printed in the city of Boston. 

Sec. 3. Be it further enacted, That the Chief 
engineer and engineers, so appointed, shall have 
the same powers and authority relative to pulling 
down or demolishing any house or other building Powers of, lia 
to prevent the spreading of fires, and relative to ""^'' ^ 
all other matters and things aflfecting the extin- 
guishment or prevention of fires, or the command- 
ing assistance at them as firewards now by law 
have ; and the said town of Roxbury shall be liable 
to pay all such reasonable compensation for dam- 
age done by, or consequent upon the acts or direc- 
tions of said chief engineer or engineers, as other 
towns in this Commonwealth are liable to pay in 
like cases for like acts and directions done or 
given by their firewards ; and all fines and forfeit- 
ures arising within said town of Roxbury under the 
laws of this Commonwealth relative to the extinc- 
tion and prevention of, or proceedings at fires, shall 
be distributed in such manner and applied to such 
uses as the said town shall ordain and direct. 

Sec 4. Be it further enacted, That the mem- 
bers of said Fire Department shall be exempted Excmpiion from 
from all military duty and service in the militia, so '"'''^">' '^"'y- 
long as they shall continue members thereof, and 
it shall be the duty of every person so exempted to 
produce to the commanding officer of the Compa- 



402 BRIDGES. March 9, IS30. 

ny, within whose boujids he resides, a certificate of 
his appointment, within twenty days from and after 
his appointment, and annually thereafter in the 
month of April. 

Sec. 5. Be it further enacted, That, from and af- 
ter the organization of a Fire Department under 
this act, and notice thereof given in one or more 
newspapers published in the City of Boston, all 
Repeal laws of this Commonwealth relating to the election 

and appointment of firewards, so far as they af- 
fect the election and appointment of firewards in 
the town of Roxbury, be, and the same are hereby 
repealed. 

Sec. 6. Be it further enacted, That the provisions 
of this act shall take eflfect, and be in force as soon 
as the same shall be accepted by the citizens of 
said town qualified to vote in town aflfairs, at a legal 
meeting held for that purpose, and shall continue 
in force until modified or repealed by the Legis- 
lature. 

[Approved by the Governor, March 9, 1830.] 



CHAP. LXXXVIII. 
An Act concerning Town and County Bridges. 

Sec. 1. Hf, it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the several towns 
in this Commonwealth shall have power, at any le- 
gal meeting in the months of March and April an- 
Powers, fines, nually, to establish by-laws to prevent any person 
or persons from riding or driving any horse or 
horses over any bridge within the limits of such 
towns, of a value not less than five hundred dol- 
lars, at a rate faster than a walk, and to annex 



&c 



Proviso. 



BRIDGES. March9,\SS0. 403 

penalties for a breach thereof, not exceeding one 
dollar, to be recovered by an action brought in the 
name of the Town Treasurer, in any Court of com- 
petent jurisdiction : Provided, That such by-laws 
shall first be approved by the County Commission- 
ers for the County in which the town making the 
same may be, at the next session after the same 
shall be made : And provided, also, That no person 
shall be liable to such penalty, unless the town shall 
cause to be posted up and kept at each end of 
such bridges, in some conspicuous place, a board 
painted with a white ground, containing, in black 
letters, the substance of such by-law. 

Sec. 2. Be it further enacted. That the County 
Commissioners, in their respective Counties, shall 
have authority to establish by-laws to prevent any 
person or persons from riding or driving any horse May have au- 
or horses at a rate faster than a walk, over any "'°'''^>'' ^<=- 
bridge maintained by such Counties, of a value not 
less than one thousand dollars, and to annex pen- 
alties for the breach thereof, not exceeding one 
dollar, to be recovered by an action brought in the 
name of the County Treasurer, in any Court of 
competent jurisdiction : Provided, That no person proviso, 
shall be liable to such penalty, unless said Commis- 
sioners shall cause to be posted boards of the de- 
scription, and in the manner, provided in this act 
in relation to Town Bridges, and this act shall take 
effect from and after the first day of April next. 

[Approved by the Governor, March 9, 1830.] 



404 ATLANTIC INS. CO. March 10, 1830. 



CHAP. LXXXIX. 

An Act to incorporate the Atlantic Insurance 
Company. 

Sec. 1. IjE it enacted by the Senate ajid House 
of Representatives, in General Court assembled, and 

Persons incorpo- ^^ ^j^^ authority of the same, Tiiat Francis Watts, 
and his associates, and their successors and assigns, 
be, and they hereby are, incorporated and made a 
body poUtic, by the name of the Atlantic Insurance 
Company, for the purpose of making maritime loans 
and insurance against maritime losses and losses 
by fire, in the usual and customary manner, with 
all the privileges, and subject to all the duties and 
obligations contained in a law entitled " An Act to 
define the powers, duties and restrictions of in- 
surance companies," passed on the sixteenth day 
of February, in the year of our Lord one thousand 
eight hundred and eighteen, and " An Act author- 
izing the several Insurance Offices in this Com- 
monwealth to insure against Fire," passed on the 
twenty first day of February, in the year of our 
Lord one thousand eight hundred and twenty, for 
and during the term of twenty years from and after 
the passing of this act ; and by the name aforesaid 
they may sue and be sued, plead and be impleaded, 
appear, prosecute, and defend to final judgment 
and execution ; and they may have a common seal, 
which they may alter at pleasure ; and they may pur- 
chase, hold, and convey any estate, real or personal, 
for the use of said Company : Provided, that the 
said real estate shall not exceed the value of fifty 
thousand dollars, excepting such as may be taken 
for debt, or held as collateral security for money 
due to said Company. 

Sec. 2. Be it further enacted. That the Capital 

Capital Slock, Stock of Said Company shall be two hundred and 



ATLANTIC INS. CO. March 10, 1830. 406 

fifty thousand dollars, and shall be divided into 
shares of one hundred dollars each ; and one hun- 
dred and twenty five thousand dollars shall be paid 
in, in money, within sixty days after the first meet- 
ing of said company, and the residue within one 
year from the time of passing this act, in such in- 
stalments, and under such provisions and penalties 
as the President and Directors of said Company 
shall order and appoint ; and the Capital Stock 
shall not be transferred within one year from the 
passing of this act ; and if the provisions of this act 
shall not have been complied with in one year from 
the passing of this act, the same shall be void. 

Sec. 3. Be it further enacted, That the stock, 
property and concerns shall be managed and con- stock, &c. how 
ducted by nine Directors, one of whom shall be the '"^"^s^'^- 
President of the Company ; and they shall hold 
their oflfiices till the next annual meeting after their 
election, and until others are chosen in their stead ; 
and they at the time of their election shall be in- 
terested in the stock of the Company, and citizens 
of this Commonwealth ; and the Directors shall be 
elected at the annual meeting of the Company, 
which shall be holden at such time and place in 
the City of Boston, in the month of April annually, 
as the Directors for the time being shall appoint, ^ 

of which meeting public notice shall be given in 
two of the newspapers printed in Boston, at least 
ten days previous to the meeting. The election 
shall be made by ballot, by a majority of the Stock- 
holders present, allowing one vote to each share of 
the stock : Provided, that no Stockholder, in his 
own right, shall be entitled to more than thirty 
votes ; and absent Stockholders may vote by proxy. 

Sec. 4. Be it further enacted, That the Directors, 
as soon as may be convenient after they shall be president, how 
chosen, shall meet and elect one of their body to *=''°^'^°- 
be the President of the Company, and he shall be 
sworn or affirmed to the faithful discharge of the 
duties of his office ; and he shall preside till the 
next annual meeting, and until another President 



406 



ATLANTIC INS. CO. 



March 10, 1830. 



Board for tranS' 
action of busi- 
ness. 



First meeting 



shall be chosen ; and in case of the death, resigna- 
tion, or inability to serve, of the President, or any 
Director, such vacancy or vacancies shall be filled 
for the remainder of the year in which they hap- 
pen, by a special election, at a meeting of the 
Stockholders to be called for that purpose, in the 
same manner as herein provided respecting annual 
elections of Directors. 

Sec. 5. Be it further enacted, That the President 
and four of the Directors, or five Directors in the 
absence of the President, shall be a Board compe- 
tent to transact all the business which is referred 
to them, and all questions before them shall be de- 
cided by a majority of votes ; and they shall have 
power to make and alter such by-laws as to them 
may appear useful for the management and dispo- 
sition of the property and concerns of the Com- 
pany : Provided, that the same be not repugnant 
to the laws and Constitution of the Commonwealth. 
And said Directors may appoint all officers and 
agents that in their opinion the affairs of the Com- 
pany may require, and prescribe their duties and 
fix their compensation, invest and manage the cap- 
ital and income of the Com.pany, pay losses, declare 
and pay dividends, and do all things which the 
Company might lawfully do, excepting as is oth- 
erwise herein provided. 

Sec. 6. Be it further enacted, That the said Fran- 
cis Watts be, and he hereby is authorized, as soon as 
shall be convenient after the passing of this act, to 
call the first meeting of said Company, for the pur- 
pose of organizing the Corporation and choosing 
Directors, by advertising notice of the time and 
place of the meeting, in two of the newspapers 
printed in Boston, at least two weeks previous to 
the meeting. 

Sec. 7. Be it further enacted. That said Compa- 
ny shall not take any risk, or subscribe any policy, 
till one half of their capital shall be paid in ; and 
they shall at no time take any one risk, by way of 
a policy of insurance, maritime loan, or bottomry. 



HINGHAM U. M. H. March 10, 1830. 407 

or otherwise, to a greater amount than ten per cent, 
on their capital actually paid in. 

Sec. 8. Be it further enacted, That the Atlantic 
Insurance Company shall be located in Boston, Locaiion. 
and it shall be hable to be taxed by any general 
law providing for the taxation of all similar Corpo- 
rations that are by law liable to be taxed. 

[Approved by the Governor, March 10, 1830.] 



Persons incor- 



CHAP. XC. 

An Act to incorporate the Proprietors of the First 
Universahst Meeting-house in Hingham. 

Sec. 1. -OE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Moses L. Hum- 
phrey, Henry Nye, Marshall Lincoln, Ensign pora°ed. 
Barnes, jr. Jarius Thayer, and others who have as- 
sociated, or may hereafter associate with them, 
and their successors, be, and they are hereby con- 
stituted a body corporate and politic, by the name 
of the Proprietors of the First Universalist Meet- 
ing-house in Hingham ; and by that name may sue 
and be sued, have a common seal, and ordain and 
establish such by-laws and regulations, not repug- 
nant to the Constitution and laws of this Common- 
wealth ; and choose such officers as the good man- 
agement of said body corporate may at all times 
require ; and may purchase, receive by gift or de- 
vise, and hold real and personal estate, the annual 
rent or income of which shall not exceed the sum 
of fifteen hundred dollars. 

Sec. 2. Be it further enacted. That the proprie- proprietors o/ 
tor or proprietors of each pew on the lower floor pews, how taxed. 
of said house shall pay to the Treasurer of the Cor- 
53 



408 



HINGHAM U. M. H. 



March 10, 1830. 



Proprietors of 
pews on the low' 
er floor to be 
owners of one 
share — in the 
gallery half a 
share. 



poration the sum of three dollars annually, and the 
proprietor or proprietors of each pew in the gallery 
of said house shall pay to the said Treasurer the 
sum of one dollar and fifty cents annually, to be 
collected in the manner provided by " An Act au- 
thorizing the proprietors of Churches, Meeting- 
houses, and other houses of public worship, to 
regulate and manage their property and interests 
therein ;" and the imme shall be appropriated for 
the support of public worship in said Meeting- 
house. 

Sec. 3. Be it further enacted, That the proprie- 
tor of each pew on the lower floor of said house 
shall be considered the owner of one share of the 
property of said Corporation, and the proprie- 
tor of each pew in the gallery of said house shall 
be considered the owner of half a share in said 
property, the certificates of which shares and half 
shares, and all transfers of the same, shall be re- 
corded in the records of the proprietors, in such 
manner and form as they shall prescribe by their 
by-laws ; and all shares and half shares in said 
Corporation shall be personal estate ; and every 
proprietor of a pew in said Meeting-house, whether 
on the lower floor or in the gallery, or his agent 
duly authorized in writing, shall have a right to 
vote in all meetings of said Corporation : Provided, 
that no proprietor shall be entitled to more than 
two votes ; and in case a pew be owned by two or 
more persons, they shall jointly be entitled to one 
vote. 

Sec. 4. Be it further enacted, That if the amount 
of the sales of pews shall exceed the amount paid 
for the Meeting-house, and lot of land on which it 
stands, the surplus shall be retained by the Trea- 
surer for the uses of the Corporation as aforesaid, 
or the support of public worship in said house ; 
and so long as any of the pews remain unsold the 
rent and income shall be disposed of in the same 
manner. 

Sec. 5. Be it further enacted, That Moses L. 



WARREN ACADEMY. March 10, 1830. 409 

Humphrey, Marshall Lincoln, and Zadock Hersey, 
or any two of them, may call the first meeting of 
the proprietors, by posting notice at said Meeting- first meeting. 
house, ten days at least before said meeting, speci- 
fying the time, place, and purpose of the same ; 
and said proprietors may then and there determine 
the method of calling future meetings. 

Sec. 6. Be it further enacted, That this act shall .. , , 

... '^. . Ill c ^^^y ^® repeal- 

be subject to revision or repeal at the pleasure ot ed. 

the Legislature. 

[Approved by the Governor, March 10, 1830.] 



CHAP. XCI. 

An Act to incorporate the Trustees of Warren 
Academy in Woburn. 

Sec. 1. IJJL it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Samuel Hub- 
bard, Isaac Warren, Warren Fay, Joseph Bennett, 
Aaron Warner, Benjamin Wyman and Joseph poraied.'" 
Gardner, be, and they hereby are incorporated, for 
the purposes of educating youth in the liberal arts 
and sciences, and encouraging manual labor in 
connexion with study, by the name of the Trustees 
of Warren Academy, and they, and their succes- 
sors shall be and continue a body politic by that 
name forever. 

Sec 2. Be it further enacted, That all lands, mo- 
nies or other property heretofore given, or sub- 
scribed, for the purpose of erecting and establishing jfJwreTi estate 
said Academy in the town of Woburn in the Coun- &c. 
ty of Middlesex, or which shall hereafter be given, 
granted or assigned, to the said Trustees, shall be 
confirmed to the said Trustees and their succes- 



410 WARREN ACADEMY. March 10, 1830. 

sors in that trust forever, for the uses which in 
such instruments shall be expressed ; and the said 
Trustees shall be capable of having, holding, and 
taking in fee simple, by gift, grant, devise, or oth- 
erwise, any lands, tenements, or other estate, real 
or personal : Provided, ihe annual income of the 

Provision. game shall not exceed the sum of five thousand 
dollars ; and they shall apply the interest, rents and 
profits thereof, so as most effectually to promote 
the design of the institution. 

Sec. 3. Be it further enacted, That the number 
of Trustees of said Academy shall not be more than 

Number of Trus- ^^^^cu, uor Icss thau fivc, and said Trustees, for the 

tees, ike. time bciug, shall bc the visitors and governors of 

said Institution, and shall have full powers from 
time to time to elect such officers thereof, as they 
shall judge necessary, and fix the tenure of their re- 
spective offices, to require their Treasurer to give 
bonds to their acceptance, to elect Trustees, and to 
remove from office any Trustee when he shall be 

Powers grained, disqualified by age or otherwise to discharge the 
duties of his office ; and they may have a common 
seal, which they may alter or renew at their plea- 
sure ; may make contracts, sue and be sued in all 
actions, and prosecute and defend the same to final 
judgment and execution, and may make and estab- 
lish any by-laws, rules, and regulations for the 
government of their affairs, and of the Institution : 

Proviso. Provided, the same be not repugnant to the Con- 

stitution and laws of the Commonwealth. 

Sec. 4. Be it further enacted, That any one of the 
three persons named in this act, be, and is hereby 
authorized and empowered to fix the time and 
place for holding the first meeting of the Trustees, 
and to give them notice thereof. 

Sec. 5. Be it further enacted. That this act may 
be altered or repealed by the Legislature at any 
time hereafter. 

[Approved by the Governor, March 10, 1830.] 



Persons incor 



NORTHERN STAGE CO. March 10, 1830. 411 



CHAP. XCII. 

An Act to incorporate the Northern Stage Com- 
pany. 

Sec. 1. il>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Hiram Plum- 
mer, Warner Whittier, Charles White, Thomas 
Newcomb, Leonard White, Bailey Bartlett, Na- Jo^'S^ 
thaniel Hills, John Dow, James H. Duncan, Ben- 
jamin Willis, Solomon Wilds, and John Woodman, 
with such others, as may associate with them, their 
successors and assigns, be, and they hereby are 
made a Corporation, by the name of the Northern 
Stage Company, for the purpose of conveying pas- 
sengers from the City of Boston, north and east to 
New Hampshire, and from New Hampshire to the 
City of Boston, with liberty to convey passengers 
to and from all places upon the aforesaid routes ; ^'"'^^^ ^'^*°'* ' 
and for that purpose shall have all the powers and 
privileges, and shall be subject to all the duties, re- 
strictions, and liabilities, prescribed and contained 
in an act, entitled " An Act defining the general 
powers and duties of Manufacturing Corpora- 
tions," passed on the third day of March, in the 
year of our Lord one thousand eight hundred and 
nine, and the several acts in addition thereto, pass- 
ed previously to the present session of the General 
Court : Provided, however, that said Company shall 
not ask, or demand, for the conveyance of any 
passenger, with usual baggage, any greater sum Proviso. 
than five cents per mile, under a penalty of twenty 
dollars, to be recovered by any person aggrieved 
thereby, in any Court proper to try the same. 

Sec. 2. Be it further enacted, That said Com- May hold real 
pany may lawfully hold and possess such real es- es'ilte!'*""*' 
tate, not exceeding the value of twenty thousand 
dollars, and personal estate not exceeding the value 



412 FRANKLIN RAIL ROAD. March 10, 1830. 

of fifty thousand dollars, as may be necessary for 

the purposes aforesaid. 

Sec. 3. Be it further enacted, That the name of 
Name of Coin- said Company shall be conspicuously affixed to all 
pany to be affix- carriages which may be used by them ; and if said 

ed to carnages. & J i • i i • 

Company shall neglect to comply with this require- 
ment, they shall be liable to forfeit and pay ten 
dollars for each and every day during which any 
of their said carriages may be employed in the 
transportation of passengers without having their 
said name so affixed thereto, which forfeiture may 
be sued for and recovered in any Court of compe- 
tent jurisdiction, by the person who shall first sue 
for the same, to his own use. And said Company 
shall be responsible for all baggage or other pro- 
perty committed to them, their agents or drivers, 
to be conveyed on any of said routes or any part 
thereof. 

Sec. 4. Be it further enacted, That this act may 
be amended or repealed at the pleasure of the Le- 
gislature. 

[Approved by the Governor, March 10, 1830.] 



CHAP. XCIIl. 

An Act to incorporate the Franklin Rail Road 
Company. 

Sec. I. x5E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Francis J. Oliver, 
Persons incorpo- William Goddard, Thomas B. Wales, Pliny Cutler, 
'^^^ ' Joseph H, Dorr, Henry J. Oliver, Andrew J. Allen, 

William Parker, Nathaniel Hammond, their asso- 
ciates and successors, be, and they are hereby con- 
stituted and made a body politic, and shall be and 



FRANKLIN RAIL ROAD. March 10, 1830. 413 

remain a Corporation, under the name of the Frank- 
lin Rail Road Company ; and by that name may 
sue and prosecute, and be sued and prosecuted, to 
final judgment and execution, and may have a 
common seal, and the same may break, alter and 
renew at pleasure, and shall be, and hereby are, 
invested w^ith all the pov^^ers and privileges which 
by law are incident to corporations of a similar na- 
ture, and which are necessary to carry into effect 
the objects of the association. 

Sec. 2. Be it further enacted, That the said Cor- 
poration may, and hereby are authorized to locate, 
construct, and fully complete a Rail Road, with 
one, two, or more sets of tracks, as said Corpora- 
tion may find most expedient, commencing at or 
near the City of Boston, and running thence in a 
westerly or northwesterly direction, on the most 
ehgible route, through the counties of Middlesex, 
Worcester and Franklin, in such place or places as 
maybe deemed most convenient for said Company, 
to the boundary line of the State of New Hamp- 
shire or of Vermont ; and for this purpose the said 
Corporation are authorized to locate the road four 
rods wide, through the whole length ; and for the 
purpose of cuttings, embankments, and for procur- 
ing stone and gravel, may take as much more land 
as may be necessary for the construction and se- 
curity of said road : Provided, however, that all 
damages which may be occasioned to any person 
or Corporation by the taking of such land or ma- 
terials for the purposes aforesaid, shall be paid for 
by said Corporation in the manner hereinafter pro- 
vided. 

Sec. 3. Beit further enacted, That the said Cor- Powers, <fcc. 
poration shall be, and hereby are authorized to 
raise sufficient funds for the accomplishment of the 
objects aforesaid, and for that purpose, they may, 
as soon as they shall see fit after the passing of this 
act, open books at some suitable place or places, 
wherein subscriptions may be entered for shares in 
the capital stock of said Corporation, each share 



414 FRANKLIN RAIL ROAD. March 10, 1830. 

to be of the amount of one hundred dollars, and 
each person so subscribing to be a member of said 
Corporation for all purposes. And as soon as five 
thousand shares have been subscribed, said Corpo- 
ration may be organized in manner following, to 
wit : The persons before named, or any five of 
them, may make application to any Justice^of the 
Peace for the County of Suffolk, requesting him to 
call a meeting of the proprietors, to be holden at 
some convenient place within the City of Boston, 
whereupon such Justice may issue his warrant to 
any one of said members, directing him to notify 
the subscribers to meet at such convenient time 
and place, in the County aforesaid, as he may 
therein appoint, to do and transact all such matters 
and things as may be expressed in said warrant; 
and the member to whom such warrant shall be 
directed, shall give notice to the other members, 
by causing said warrant to be published in one or 
more of the newspapers printed in each of the 
Counties of Suffolk, Worcester, Middlesex and 
Franklin ; and the proprietors, at the same meet- 
ing or at a subsequent one, shall choose nine direc- 
tors for regulating the affairs of said Corporation ; 
and every member shall have a right, at said meet- 
ing, and at all other meetings, by himself or proxy, 
duly authorized in writing, to vote in the following 
Proviso. ratio, one share, one vote, and every two additional 

shares one vote : Provided, no stockholder shall be 
' entitled to more than ten votes. And the said Di- 

rectors are hereby authorized to choose one of their 
number as President, to preside at all meetings ; 
also to appoint a Clerk, who shall be sworn to the 
' faithful discharge of his duty, and a Treasurer, 
who shall give bonds to the Corporation, with at 
least two sureties, to the satisfaction of the Direc- 
tors, in a sum not less than twenty thousand dol- 
lars, for the faithful discharge of his trust. They 
shall also have power to appoint all such Engineers 
and Agents as they may deem necessary in the 
progress of the work, and allow them such com- 



FRANKLIN RAIL ROAD. March 10, 1830. 415 

pensation for their services as they shall think just 
and reasonable, and make all necessary contracts 
for the construction of said Rail Road. And the 
President and Directors for the time being are au- 
thorized to purchase and hold, in the name of the 
Corporation, land, materials, and other necessary 
things, for the construction and use of said Rail 
Road. 

Sec. 4. Be it further enacted, That the said 
books of subscription shall remain open as long as 
said Corporation shall see fit; but no assessment mahiopen— may 
shall ever be made so as to make any subscriber onehundre°c3doi- 
liable to pay more than one hundred dollars for a |^" •^gii'^Jfa^" 
share. If, after the closing of said books, or at 
any time, it shall appear that sufficient funds have 
not been raised, the Corporation, or its officers 
duly authorized, may, at any time, and from time 
to time, raise necessary funds, by creating or sell- 
ing new^ shares upon the best terms that can be 
obtained. 

Sec. 5. Be it further enacted, That if any sub- 
scriber shall neglect to pay his or her subscription, 
or any portion thereof, for the space of thirty days 
after he is required so to do, by a vote of the Cor- 
poration, the Directors may order the Treasurer 
to make sale of such share or shares at public Forfeitures of de- 
auction, giving due notice thereof, to the highest ""'"^"^' 
bidder, and the same shall be transferred by the 
Treasurer in manner hereinafter provided, to the 
purchaser, and such dehnquent subscriber shall be 
held accountable for the balance, if his share shall 
be sold for less than the nominal value, together 
with interest thereon, and the expenses of such 
sale ; and shall be entitled to the overplus, if his 
share or shares shall sell for more than the assess- 
ments due thereon, with interest and expenses. 
The manner of giving notice and of transferring 
shares shall be provided for in the by-laws of the 
Corporation. 

Sec. 6. Be it further enacted, That, whenever 
said Corporation shall have located said Rail Road, 
54 



416 FRANKLIN RAIL ROAD. March 10, 1830. 



Powers and 
duties of the 



or any part thereof, they may make a report there- 
rorporation. of to any meeting of the County Commissioners, 
then to be holden, within and for the County with- 
in which said location may be made, or to any 
adjourned term thereof, wherein they shall parti- 
cularly describe the location they have made, its 
width, and the stone and gravel intended to be 
used, or taken for said road, and the names of the 
owners of the land, stone and gravel, so far as the 
same can be ascertained, which said report, so 
made, shall be placed on the files of said Commis- 
sioners, and notice be given to the said owners, in 
such manner as the said Commissioners shall di- 
rect, at the expense of said Corporation. And the 
said Commissioners shall thereupon appoint three 
discreet and disinterested freeholders of the said 
County, as a committee to estimate all damages, 
which any person or corporation, whose lands, 
stone and gravel are described and mentioned in 
such report, shall sustain by the construction of 
such Rail Road, and the taking of such stone and 
gravel. And the said committee, before they pro- 
ceed to execute their duties, shall be sworn to a 
faithful and impartial discharge thereof, and shall 
give public and seasonable notice in such manner 
as said Commissioners shall direct, to all persons 
interested, to tile their claims, if any they have, 
which have not been released to said Corporation, 
with some one of said committee, or with the clerk 
of the Commissioners for the said County, within 
thirty days from the date of said notice. At the 
end of the term allowed for tiling such claim for 
damages, the committee, or a majority of them, 
having previously given notice to all parties inter- 
ested, of the time and of the extent of the route to 
be examined, by publishing an advertisement there- 
/' of, three weeks successively, in one or more of the 
newspapers printed in said County, shall pass over 
the premises, so intended to be used by said Cor- 
poration, for the purposes aforesaid ; and after 
hearing the parties in interest, shall, according to 



FRANKLIN KAIL ROAD. March 10, 1830. 417 

their best skill and iudffinent, estimate all such I'owersand 

. diUics oi the 

damages, as they shall think any person or per- Corporaiioji. 
sons, corporation or corporations, shall sustain, by 
the construction of said Rail Road, or the use of 
any materials taken, over and above the benefits 
and advantages which the said committee shall 
judge may accrue to such person or persons, cor- 
poration or corporations, from the construction of 
said Rail Road. And the said committee, or a 
major part of them, shall make return of their do- 
ings, as soon as may be, after the same have been 
completed, to the said County Commissioners, to 
the end that the same may be allowed, accepted 
and recorded ; and the said Commissioners shall 
thereupon order the said report, or the substance 
thereof, to be forthwith published, in one or more 
of the newspapers printed in said County, three 
weeks successively, at the expense of the Corpora- 
tion; and if the said Corporation, or any person or 
persons interested, shall be dissatisfied with the 
estimate of said Committee, then application may 
be made, by such dissatisfied party, at the next 
meeting of said County Commissioners, after the 
return and acceptance of such report, and after its 
publication as aforesaid, for a jury to hear and 
finally determine upon the amount of damages, to 
be assessed in the case complained of, which said 
jury shall be summoned by the Sheriflf, under the 
direction of the Commissioners, in manner pre- 
scribed by law, in case of complaints for damages 
occasioned by the laying out of highways ; and 
they shall be under oath, according to the provis- 
ions of law in such cases, and the verdict of said 
jury shall be returned to the next term of the Court 
of Common Pleas, within said County ; and if the 
party injured in his, her, or their estate, apply for 
such jury, and fail to obtain increased damages, 
such party shall be liable for all legal costs arising 
after the entering of such application for a jury, 
otherwise shall recover reasonable costs ; and said 
Court shall enter judgment, and issue execution 



418 



FKANKLIN RAIL ROAD. 



March 10, 1830. 



powers and 
duties of the 
Corporation. 



Damages, liow 
esiimated. 



Proviso. 



accordingly ; and if said Corporation apply for a 
jury, and fail to obtain a diminution of damages, it 
shall in like manner be liable for costs ; and said 
Court may enter judgment, and issue execution for 
such costs. And the said Corporation, having en- 
tered upon the land of any person or persons, and 
commenced the process of excavation or embank- 
ment, for the purpose of constructing said Rail 
Road, or any part thereof, shall, within ninety days 
after the damages, if any, have been ascertained, in 
manner aforesaid, pay the same or cause the same 
to be paid, to the person or persons entitled to re- 
ceive the same. In the neglect of such payment, 
such person or persons on whose land such opera- 
tions are so commenced, may have an action of 
debt against said Corporation, in any Court proper 
to try the same, to recover such damages, and the 
execution for the damages assessed as aforesaid, 
or for costs, shall be in common form, and may be 
levied upon the goods, estate or lands of the Cor- 
poration ; and the report of said committee, when 
accepted and recorded, and not appealed from, in 
manner aforesaid, or the verdict of a jury being re- 
turned, accepted and recorded, shall forever be a 
bar to any other action, commenced for damages 
against said Corporation, on account of the injury 
for which such damages were awarded. 

Sec. 7. Be it further enacted, That if after said 
Rail Road shall be located, or any part thereof, and 
a report of a committee be made thereon in man- 
ner aforesaid, any alteration shall be made in the 
course thereof, the damages may be estimated in 
the same way, and the same proceedings had in 
manner provided in this act : Provided, however, 
that in all cases it shall be competent for said Cor- 
poration, and any person or persons, corporation 
or corporations, injured by the location of said 
road, or the taking of the materials aforesaid, to 
submit the question of damage to such referees as 
they may agree upon, whose award, when returned 
to the said Court of Common Pleas, and accepted. 



FRANKLIN RAIL ROAD. March 10, 1830. 419 

shall be final, and said Court may enter judgment 
accordingly ; and said committee or referees, in all 
cases, shall be allowed three dollars per day for 
their services, and one dollar for every ten miles 
actually travelled by them in the discharge of the 
duties of their appointment. 

Sec. 8. Be it further en-acted, That when the i^anci of infants, 

^ II- ^^- '''*'^^ taken. 

land, or other property or estate, belongnig to any 
infant, married woman, or person non compos 
mentis, shall be taken and appropriated for the use 
and purposes of said Rail Road as aforesaid, the 
husband of said married woman, and the guardian of 
such infant or person non compos mentis, respective- 
ly, may execute a release of all damages in relation 
to such lands or other estate so taken and appropri- 
ated as aforesaid, as they might do if the same 
were by them holden in their own right respec- 
tively. 

Sec. 9. Be it further enacted, That if the said Rail Road, how 
Rail Road, in the course thereof, cross any private casc'ii"croi"a 
way, the said Corporation shall so construct said j^^J.'^"^ ''*^'' 
Rail Road as not to obstruct the safe and conve- 
nient use of such private way ; and if said Rail 
Road shall not be so constructed, the party ag- 
grieved shall be entitled to his action on the case in 
any Court proper to try the same, and shall recover 
his reasonable damages for such injury ; and if the 
said Rail Road shall, in the course thereof, cross 
any turnpike or other highway, the said Rail Road 
shall be so constructed as not to impede or obstruct 
the safe and convenient use of such turnpike or 
highway. And the said Corporation shall have 
power to raise or lower such turnpike or highway, 
so that said Rail Road, if necessary, may conve- 
niently pass under or over the same. And if said 
Corporation shall raise or lower any such turnpike 
or highway, pursuant thereto, and shall not so raise 
or lower the same as to be satisfactory to the pro- 
prietors 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 



420 FRANKLIN RAIL ROAD. March 10, 1830. 

require in writing of said Corporation, such altera- 
tion or amendment as they may think necessary. 
And if the required amendment or aheration be rea- 
sonable and proper, and the said Corporation shall 
unnecessarily and unreasonably neglect to make the 
same, such proprietors or Selectmen, as the case 
may be, may proceed -to make such alteration or 
amendment, and may institute and prosecute to 
final judgment and execution, in any Court proper 
to try the same, any action of the case against said 
Corporation, and shall therein recover a reasonable 
indemnity in damages, for all charges, disburse- 
ments, labor and services, occasioned by making 
such alteration or amendment, with costs of suit. 

Sec. 10. Be it further enacted, That a toll be, 
and hereby is granted and established for the sole 
benefit of said Corporation forever, according to 
Rales of Toll, thc ratcs following, viz: For every ton, computing 
by weight or admeasurement, not exceeding three 
cents, and for every passenger passing and repass- 
ing, not exceeding two cents per mile, that shall bo 
conveyed upon said Rail Road, exclusive of the ex- 
pense of transportation, payable at such time, and 
in such manner, as may be described in the by- 
laws ; Provided, however, that, if at any time after 
the expiration of four years from the completion of 
said Road, the net income shall have amounted 
to more than ten per cent, per annum, from the 
date of the completion aforesaid, upon the actual 
cost of said Road, the Legislature may take 
measures to alter and reduce the rate of tolls 
and income, in such manner as to take off the 
overplus for the next four years, calculating 
the amount of transportation and income to be 
the same as the four preceding years ; and, at 
the expiration of every four years thereafter the 
same proceeding may be had. And it shall be the 
duty of the Treasurer of said Corporation, to file, 
in the month of January, in each year, in the office 
of the Secretary of this Commonwealth, a detailed 
statement of all expenditures and receipts on ac- 



FRANKLIN RAIL ROAD. March \0, \S30. 421 

count of said Road, which statement shall be au- 
thenticated by the oath of the Treasurer. 

Sec. 11. Be it further enacted, That the said Cor- 
poration shall have power, from time to time, to 
make and ordain such by-laws, rules and reorula- }^^^' T*"^ ''^' 

J ' ^ O laws, etc. 

tions as may be necessary, touching the premises, 
especially to fix and determine the size and form of 
the carriages, and cars or vehicles, the weight of 
loads, and also to adopt all other regulations which 
they may deem necessary or useful for conveyance 
and transportation upon said Rail Road : Provided, 
that the same be not repugnant to the Constitution 
and laws of this Commonwealth ; and the pen- 
alties provided by said rules, by-laws and regula- 
tions, may be sued for and recovered by the Trea- 
surer of said Corporation, or by any other person 
by them authorized, to their use and benefit, by an 
action of the case, before any Justice of the Peace, 
or any Court proper to try the same, which pen- 
alty shall in no case exceed the sum of ten dollars 
for each offence ; and said Corporation shall cause 
all such by-laws, to the breach of which penalties 
are affixed, to be printed, and a copy thereof to be 
placed in some conspicuous place at each toll 
house ; and if any person or persons shall wantonly 
or maliciously mar, deface, or pull down, any copy 
so set up, the said Corporation may sue for and 
recover, to their own use, in manner aforesaid, a 
sum not exceeding five dollars, of any person or 
persons guilty of committing such injury or dam- 
age. And all the by-laws, votes, and proceedings 
of said Corporation shall be truly recorded by their 
Clerk, in books kept for that purpose, which books 
shall at all times be subject to the inspection of the 
Governor and Councd, or of a Committee appoint- 
ed for that purpose by the Legislature : And pro- 
vided further, that all persons and corporations 
shall have a right to convey passengers and pro- 
perty on said Rail Road, under the rules and regu- 
lations, and at the rate of toll, thus adopted by said 
Rail Road Corporation. 



422 FRANKLIN RAIL ROAD. March 10, 1830. 

Sec. 12. Be it further enacted, That, if any per- 
son or persons shall wilfully, maliciously, or wan- 
tonly, and contrary to law, obstruct the passing or 
repassing of any carriage on the said road, or in 
any way injure, spoil or destroy said Rail Road, or 
any part thereof, or anything belonging thereto, or 
any material to be used in the construction thereof, 
he, she, or they, or any person or persons assisting, 
aiding or abetting in such trespass, shall forfeit and 

Pennity. pg^y ^q gg^j^j Corporatiott, for every such offence, tre- 

ble such damage as shall be proved before any jus- 
tice, court or jury, before whom the trial shall be 
had ; to be sued for and recovered, in an action on 
the case, before any justice, or in any court proper 
to try the same, by the Treasurer of said Corpora- 
tion, or other officer whom they may direct, to the 
use of said Corporation ; and such offender or offen- 
ders shall be liable to indictment, by the Grand In- 
quest for the county within which said trespass shall 
have been committed, for any offence or offences 
contrary to the above provisions ; and, on conviction 
thereof, either in the Supreme Judicial Court, or 
any Court of Common Pleas, to be holden in said 
County, shall pay a fine not exceeding one hundred 
dollars, nor less than thirty, to the use of the Com- 
monwealth, or may be imprisoned for a term not 
exceeding one year, at the discretion of the court 
before whom the conviction may be had. 

Sec. 13. Be it further enacted, That the Com- 
monwealth shall have the right to subscribe to such 
portion of the stock in said Corporation as the Le- 

may subscribe, gislaturc may dccm expedient, upon the same terms 
and conditions as other stockholders, excepting that 
the payments therefor may be made by issuing 
treasury certificates, bearing an interest of four 
per cent., the principal payable in thirty years, or 
in such shorter term as the Legislature may deter- 
mine, with the privilege to elect on their part, if 
they see fit, a proportionate number of Directors, 
according to the sum so subscribed by them ; and 
in case the Commonwealth shall subscribe for any 



Conimonweallli 



FRANKLIN RAIL ROAD. March 10, 1830. 423 

portion of the stock in the said Corporation, the 
shares so subscribed shall not be alienated during 
the continuance of this act. 

Sec. 14. Be it further enacted, That the right is Right reserved 
hereby reserved to the Commonwealth, at any time weauh. °"""°"' 
after ten years from the completion of said road, of 
purchasing the interest of the stockholders therein, 
upon paying them the full amount of the cost 
thereof, together with such further sum as shall, 
with the profits they may have received from the 
road, amount to ten per cent, interest annually upon 
such cost. 

Sec. 15. Be it further enacted, That the instal- instalments, how 
ments for the stock shall be paid in the following '° ^'"" ' 
manner, viz : two dollars on each share at the time 
of subscribing ; the next instalment of eight dollars 
upon each share, payable at any time after thirty 
days from the day the books are opened ; the other 
payments to be made by instalments not exceeding 
ten dollars, within any period of sixty days, at such 
times as the directors may determine ; and when 
any instalment is called for, notice of the same 
shall be given in one or more of the newspapers 
published in the City of Boston, and in one paper 
at least in each of the counties of Middlesex, Wor- 
cester and Franklin, signed by the Treasurer of 
said Corporation. 

Sec. 16. Be it further enacted, That if five thou- 
sand shares shall not have been subscribed, and the 
Corporation organized, and location of one third 
part at least of the route, filed in manner before 
provided, previous to the first day of January one 
thousand eight hundred and thirty one ; or if the 
shares have been so subscribed, the company 
organized, and location made as aforesaid, the 
said Corporation shall fail to complete the said Rail 
Road before the first day of January one thousand 
eight hundred and thirty five, in either of the be- 
fore mentioned cases this act shall be null and void. 

[Approved by the Governor, March 10, 1830.] 
55 



424 MASS. RAIL ROAD March 12, 1830= 



CHAP. XCIV. 

An Act to establish the Massachusetts Rail Road 
Corporation. 

Sec. 1. Jl>E it enacted by the Senate and House 
of Representative^^ in General Court assembled, and 
by the authority of the same, That Harrison G. Otis, 
Joseph Coolidge, Israel Thorndike, William Pres- 
cott» Francis J. Oliver, and Phinehas Upham, their 

Persons inror- ■ , i • i j xi 

porated. associatcs, succcssors and assigns, be, and they 

hereby are made a body politic and corporate, un- 
der the name of the " Massachusetts Rail Road 
Corporation," and by that name may be, and here- 
by are made capable in law, to sue and to be sued 
to final judgment and execution, plead and be im- 
pleaded, defend and be defended, in any Courts of 
Record, or in any other place whatever ; to make, 
have and use a common seal, and the same to 
break, renew or alter at pleasure ; and shall be and 
hereby are, vested with all the powers, privileges 
and immunities, which are or may be necessary to 
carry into efiect the purposes and objects of this 
act, as herein after set forth. And the said Corpo- 
ration are hereby authorized and empowered to 
locate, construct and finally complete a Rail Road, 
commencing at or near the City of Boston, and 
thence to the westerly line of the Commonwealth, 
at such point as shall be found most expedient, 
with a view to its final termination at the Hudson 
River, at some place near Albany or Troy, in the 
State of New York, in such manner and form as 
they shall deem most expedient. And for this pur- 
pose the said Corporation are authorized to lay out 
their road, at least four rods wide, through the 
whole length ; and for the purpose of cutting, 
embankments, stone and gravel, may take as 
much more land as shall be necessary for the pro- 
per construction and security of said road. Pro- 



MASS. RAIL ROAD. March 12, 1830. 425 

vided, however, That all damages that may be Proviso. 
occasioned to any person or corporation, by the 
taking of such land or materials for the purposes 
aforesaid, shall be paid for by said Corporation in 
manner hereinafter provided. 

Sec. 2. Be it further enacted, That the Capital 
Stock of said Corporation shall consist of thirty- ^,„o,„nj,fj,a , 
five thousand shares of one hundred dollars each, tai stock. 
And the immediate government and direction of 
the affairs of said Corporation shall be vested in 
twelve directors, who shall be chosen by the mem- 
bers of the Corporation, in the manner hereinafter 
provided, who shall hold their offices for one year, 
and until others shall be duly elected and qualified 
to take their places as directors ; and the said di- 
rectors, a majority of whom shall form a quorum 
for the transaction of business, shall elect one of 
their number to be President of the Board, who 
shall also be President of the Corporation, and 
shall have authority to choose a Clerk, who shall 
be sworn to the faithful discharge of his duty, and 
a Treasurer, who shall give bond to the Corpora- 
tion, with sureties, to the satisfaction of the direc- 
tors, in a sum not less than twenty thousand dol- 
lars, for the faithful discharge of his trust. 

Sec. 3. Be it further enacted, That the Presi- 
dent and directors, for the time being, are hereby 
authorized and empowered, by themselves, or their 
agents, to exercise all the powers herein granted rowers granted. 
to the Corporation, for the purpose of locating, 
constructing and completing said Rail Road, and 
all such other powers and authority for the man- 
agement of the affairs of said Corporation, not 
heretofore granted, as may be necessary and pro- 
per to carry into effect the objects of this grant ; 
to purchase and hold lands, materials, and other 
necessary things, in the name of the Corporation, 
for the use of the Road ; to make such equal as- 
sessments, from time to time, on all the shares in 
said Corporation, as they may deem expedient and 
necessary in the progress and execution of tlxe 



426 MASS. RAIL ROAD. Blarch 12, 1830. 

work, and direct the same to be paid to the Trea- 
surer of the Corporation ; and the Treasurer shall 
give notice of all such assessments. And in case 
any subscriber shall neglect to pay his assessments 
for the space of thirty days after due notice by the 
Treasurer of said Corporation, the Directors may 
order the Treasurer to sell such share or shares at 
})ublic auction, after giving due notice thereof, to 
the highest bidder, and the same shall be transfer- 
red to the purchaser. And such delinquent sub- 
scriber shall be held to pay to the Corporation any 
balance, if his share or shares shall sell for less 
than the assessments due thereon, with the interest 
and costs of sale, and shall be entitled to the over- 
plus, if his share or shares shall sell for more than 
the assessments due, with interest and the costs of 

Proviso. sale. Provided, however, that no assessments shall 

be laid upon any one share in said Corporation of 
a greater amount in the whole than one hundred 
dollars. 

Sec. 4. Be it further enacted. That the said 
Corporation shall have power to make, ordain and 
establish, all such by-laws, rules, regulations and 

Powers grained, ordinances, as they shall deem expedient and ne- 
cessary, to accomplish the designs and purposes, 
and to carry into effect the provisions of this act, 
and for the well ordering, regulating, and securing 
the interests and affairs of the Corporation : Pro- 

Proviso. vided, the same be not repugnant to the Constitu- 

tion and laws of the Commonwealth. 

Sec. 5. Be it further enacted, That a Toll be, 
and hereby is granted and established, for the sole 

May take Toll, benefit of Said Corporation, upon all passengers 
and property of all descriptions, which may be con- 
veyed or transported upon said road, at such rates 
per mile as may be agreed upon and established, 
from time to time, by the directors of said Corpo- 
ration. The transportation of persons and proper- 
ty, the construction of wheels, the form of cars and 
carriages, the weight of loads, and all other mat- 
ters and things, in relation to the use of said road, 



MASS. RAIL ROAD. March 12, 1830. 427 

shall be in conformity to snch rules, regulations, 
and provisions, as the directors shall from time to 
time prescribe and direct ; and said road may be 
used by any persons who shall comply with such 
rules and regulations : Provided, however, that if. Proviso. 
at the expiration of four years from and after the 
opening of said Rail Road for use, the net income 
or receipts from tolls, and other profits, shall have 
amounted to more than ten per cent, per annum 
upon the whole cost of the road, from the time of 
the disbursements, the Legislature may take mea- 
sures to alter and reduce the rate of tolls and other 
profits, in such manner as to take off the overplus 
for the next four years, calculating the amount of 
transportation upon the road to be the same as the 
four preceding years ; and at the expiration of every 
four years thereafter the same proceedings may 
be had. Provided, hoivever, that it shall be in the proviso. 
power of the government, at any time after ten 
years from the completion and opening said Rail 
Road from Boston to the Hudson River, to pur- 
chase of the said Corporation, the said Rail Road, 
and all the franchise, property, rights and privi- 
leges thereof, on paying therefor the amount ex- 
pended in making the same, and all other expenses 
relating thereto, together with interest thereon from 
the time of the disbursements, at the rate of ten 
per cent, per annum, deducting all the income re- 
ceived by said Corporation until such purchase 
shall have been made. 

Sec. 6. Be it further enacted. That the directors 
of said Corporation for the time being are hereby 
authorized to erect toll houses, establish ijates, „ 

^ jVIav erect toil 

appoint toll gatherers, and demand toll, upon the houses, &c. 
road, when completed, and upon such parts there- 
of from time to time as shall be completed, and 
they shall, from year to year, make a report to the 
Legislature of their acts and doings under the pro- 
visions of this act. They are also hereby author- 
ized to purchase and hold such lands, in the name 
of the Corporation, as may be necessary for the 
use of the said road. 



428 MASS. RAIL ROAD. March 12, 1830. 

Sec. 7. Be it further enacted, That the said 
Corporation shall be holden to pay all damages 

Cor^oiaiiw/''^ that may arise to any person or persons, corpora- 
tion or corporations, by taking their land, stone or 
gravel, for the use of said Rail Road, when the 
same cannot be obtained by voluntary agreement, 
to be estimated and recovered in the manner pro- 
vided by law, for the recovery of damages happen- 
ing by the laying out of highways. 

Sec. 8. Be it further enacted, That when the 

Land of infants, lauds Or othcr propcrty or estate of any married 

&c. iiow taken, ^vomau, infant, or person non compos mentis, shall 
be necessary for the construction of said Rail Road, 
the husband of such married woman, and the guar- 
dian of such infant or person non compos mentis, 
may release all damages in relation to the land or 
estates, to be taken and appropriated as aforesaid, 
as fully as they might do, if the same were holden 
by them, in their own right respectively. 

Sec. 9. Be it further enacted, That if any person 
shall wilfully, maliciously, or wantonly, and contra- 
ry to law, obstruct the passage of any carriage on 
said Rail Road, or in any way spoil, injure or de- 
stroy said Rail Road, or any part thereof, or any 
thing belonging thereto, or any materials or imple- 
ments to be employed in the construction or for 

I'enaity, .vc. the usc of Said Road ; he, she or they, or any per- 
son or persons, assisting, aiding or abetting in such 
trespass, shall forfeit and pay to said Corporation, 
for every such offence, treble such damages as shall 
be proved before the justice, court or jury, before 
whom the trial shall be had ; to be sued for and 
recovered before any justice, or in any court pro- 
per to try the same, by the Treasurer of the Cor- 
poration, or other officer whom they may direct, to 
the use of said Corporation. And such oftender or 
offenders shall be liable to indictment by the Grand 
Inquest, for the County within which such trespass 
shall have been committed, for any offence or of- 
fences, contrary to the above provisions, and on 
conviction thereof before any Court of Common 



MASS. RAIL ROAD. March 12, 1830. 429 

Pleas, to be holden in said County, shall pay a fine, 
not exceeding one hundred dollars and not less 
than thirty dollars, to the use of the Common- 
wealth, or may be imprisoned, for a term not ex- 
ceeding one year, at the discretion of the Court, 
before vvhom the conviction may be had. 

Sec. 10. Be it further eiiacted, That if the said 
Rail Road, in the course thereof, shall cross any 
private way, the Corporation shall so construct said ^'','' ^°^^' ''°''', 

r^^' 1 , to be coiistrucled 

Rail Road as not to obstruct the sate and conve- in case it cross a 
nient use of such private way; and if said Rail p'""^'®''^^' 
Road shall not be so constructed, the party ag- 
grieved shall be entitled to his action on the case in 
any court proper to try the same, and shall recover 
his reasonable damages for such injury ; and if the 
said Rail Road shall, in the course thereof, cross 
any canal, turnpike, or other highway, the said Rail 
Road shall be so constructed as not to impede or 
obstruct the safe and convenient use of such canal, 
turnpike, or other highway. And the said Corpo- 
ration shall have power to raise or lower such canal, 
turnpike, or highway, so that the said Rail Road, 
if necessary, may conveniently pass under or over 
the same. And if said Rail Road shall not be so 
constructed as to provide for a safe and convenient 
use of such turnpike or highway, the proprietors 
of such canal or turnpike, or the Selectmen of the 
town or towns in which said highway may be situ- 
ated, may institute and prosecute to final judgment 
and execution, in any court proper to try the same, 
any action of the case against said Corporation, 
and shall therein recover a reasonable indemnity in 
damages for any injury which shall have been sus- 
tained, with costs of suit. 

Sec. \\. Be it further enacted, That the time of 
holding the annual meeting for the choice of ofl[i- LXhiSn"! 
cers shall be fixed and determined in the by-laws ^^^ 'letermined 
of said Corporation ; and, at all meetings of the 
Corporation, each stockholder shall be entitled to 
vote in person, or by proxy duly authorized in writ- 
ing, in the following ratio, viz : for one share one 



430 MASS. RAIL ROAD. March 12, 1830. 

vote ; for every two additional shares under ten, 
one vote ; and for every four additional shares over 

Proviso. j.gjj^ Qjjg ^Q^Q . Provided, however, that no stock- 

holder shall be entitled to more than thirty votes. 
Any two of the persons named in this act are here- 
by authorized to call the first meeting of said Cor- 
poration, by giving notice in two of the newspa- 
pers printed in Boston, and one or more newspa- 
pers printed in each of the counties of Middlesex, 
Worcester, Hampden, Hampshire, Franklin and 
Berkshire, stating the time, place and purposes of 
such meeting, at least fourteen days before the time 
mentioned in said notice. The first board of di- 
rectors shall hold their offices until the first annual 
meeting, to be provided for in the by-laws as afore- 
said, and until others are elected and qualified to 

^ fill their places. 

Sec. 12. Be it further enacted, That if five thou- 
sand shares of the stock shall not have been sub- 
scribed, the Company organized, and the location 
of one third part, at least, of the route hereby au- 
thorized to bo made, filed with the County Com- 
missioners of the county or counties in which the 
land proposed to be taken therefor is situate, on or 
before the first day of January, in the year of our 
Lord one thousand eight hundred and thirty one ; 
or if the said stock shall have been subscribed, the 
Company organized, and the location filed as afore- 
said, the said Corporation shall fail to complete 
their said Rail Road before the first day of Janua- 
ry one thousand eight hundred and thirty five, in 
either of the before mentioned cases this act shall 
be void, and of no effect. 

[Approved by the Governor, March 12, 1830.] 



BOS. P. & T. RAIL ROAD. March 12, 1830. 431 



CHAP. XCV. 

An Act to establish the Boston, Providence and 
Taunton Rail Road Corporation. 

Sec. 1. -lSE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Frederic Tudor, persons inwr- 
Richard D. Tucker, John S. Boies, Thomas B. '^°'^'^^' 
Wales, Leonard Foster, and William Foster, their 
associates, successors and assigns, be, and they 
hereby are made a Corporation, by the name of the 
Boston, Providence and Taunton Rail Road Com- 
pany ; and they shall be capable in law to sue and 
be sued to final judgment and execution, plead and powers &r. 
be impleaded, defend and be defended, in any 
Court of Record, or in any other place whatever ; 
to make, have, and use a common seal, and the 
same to break, renew, or alter at pleasure ; and 
shall be, and are hereby vested with the powers, 
privileges and immunities, which are or may be 
necessary to carry into effect the purposes and ob- 
jects of this act, as hereinafter set forth. And said 
Corporation is hereby authorized and empowered 
to locate, construct, and finally complete a Rail Location. 
Road, commencing at or near the City of Boston, 
and thence to the navigable waters of Pawtucket ri- 
ver in Seekonk, or to the line of the State of Rhode 
Island in Pawtucket, and also from some convenient 
part of said Rail Road to the town of Taunton, and 
thence to that part of Taunton river at which the 
waters thereof are permanently navigable, in such 
manner and form as they shall deem most expedi- 
ent ; and for this purpose the said Corporation are 
authorized to lay out their road at least four rods 
wide through the whole length ; and for the purpose 
of cuttings, embankments, stone and gravel, may 
take as much more land as shall be necessary for 



432 BOS. P. & T. RAIL ROAD. March 12, 1830. 

the proper construction and security of said road : 
Provided, however, that all damages that may be 
occasioned to any person or corporation by the 
taking of such land or materials for the purposes 
aforesaid, shall be paid for by said Corporation in 
the manner hereinafter provided. 

Sec. 2. Be it further enacted. That the Capital 
Stock of said Corporation shall consist of five thou- 
capitai stock, ^^^id sharcs of one hundred dollars each ; for which 
purpose books shall be opened in the City of Bos- 
ton, after fourteen days notice thereof, and shall 
admit all subscribers to said stock who may wish 
to become stockholders. Said books shall be kept 
open at least four days ; and in case more than five 
thousand shares shall be subscribed for, the over- 
plus may be stricken oflT by said directors on a 
graduated proportion from the subscribers of ten 
shares and upwards ; and the immediate govern- 
ment and direction of the aftairs of said Corpora- 
tion shall be vested in five directors, who shall be 
chosen by the members of the Corporation in the 
manner hereafter provided, who shall hold their 
offices for one year, and until others shall be duly 
elected and qualified to take their place as direc- 
tors ; and the said directors, a majority of whom 
shall form a quorum for the transaction of business, 
shall elect one of their own number to be President 
of the Board, who shall also be President of the 
Corporation, and shall have authority to choose a 
Clerk, who shall be sworn to the Faithful discharge 
of his duty ; and a Treasurer, who shall give bonds 
to the Corporation, with sureties to the satisfaction 
of the directors, in a sum not less than twenty thou- 
sand dollars, for the faithful discharge of his trust. 
Sec. 3. Beit further enacted. That the President 
Powers of Pre- and Dircctors for the time being are hereby au- 
thorized and empowered, by themselves or their 
agents, to exercise all the powers herein granted 
to the Corporation, for the purpose of locating, 
constructing and completing said Rail Road ; and 
all such other powers and authority for the man- 



sident and Di- 
rectors, 



BOS. P. & T. RAIL ROAD. March 12, 1830. 433 

agement of the affairs of the Corporation, not 
heretofore granted, as may be necessary and pro- 
per to carry into effect the objects of this grant ; 
to purchase and hold land, materials, and other 
necessary things, in the name of the Corporation, 
for the use of said Road ; to make such equal as- 
sessments, from time to time, on all the shares in 
said Corporation, as they may deem expedient and 
necessary in the progress and execution of the 
work, and direct the same to be paid to the Trea- 
surer of the Corporation ; and the Treasurer shall 
give notice of all such assessments. And in case 
any subscriber shall neglect to pay his assessment 
for the space of thirty days after due notice by the 
Treasurer of said Corporation, the directors may 
order the Treasurer to sell such share or shares at 
public auction, after giving due notice thereof, to 
the highest bidder, and the same shall be transfer- 
red to the purchaser. And such delinquent sub- 
scriber shall be held accountable to the Corpora- iiow accouma- 
tion for the balance, if his share or shares shall sell ^'^' 
for less than the assessments due thereon, with the 
interest and cost of sale, and shall be entitled to 
the overplus, if his share or shares shall sell 
for more than the assessments due, with interest 
and the cost of sale : Provided, however, that no proviso. 
assessment shall be laid upon any shares in said 
Corporation of a greater amount in the whole, than 
one hundred dollars on each share. 

Sec. 4. Be it further enacted, That the said Cor- £^lt* '''" 
poration shall have power to make, ordain and es- 
tablish, all such by-laws, rules, regulations and or- 
dinances, as they shall deem expedient and neces- 
sary to accomplish the designs and purposes, and 
to carry into effect the provisions of this act, and 
for the well ordering, regulating, and securing the 
interests and affairs of the Corporation : Provided, 
the same be not repugnant to the Constitution and 
laws of the Commonwealth. 

Sec. 5. Be it further enacted, That a toll be, and 
hereby is granted and established, for the sole ben- 



434 



BOS. P. & T. RAIL ROAD. March 12, 1830. 



May take Toll. 



Proviso. 



May erect loll 
houses. 



Corporation 
shall pay dama- 
ges. 



efit of said Corporation, on all passengers and pro- 
perty of all descriptions, which may be conveyed 
or transported upon said road, at such rates per 
mile as may be agreed upon and established, from 
time to time, by the directors of said Corporation. 
The transportation of persons and property, the 
construction of wheels, the form of cars and car- 
riages, the weight of loads, and all other matters 
and things, in relation to the use of said road, shall 
be in conformity to such rules, regulations, and 
provisions, as the directors shall from time to time 
prescribe and direct; and said road may be used 
by any person who may comply with such rules 
and regulations : Provided, however, that if, at the 
expiration of four years from and after the opening 
of said road for use, the net income or receipts 
from tolls, and other profits, shall have amounted 
to more than ten per cent, per annum, upon the 
whole cost of the road from the time of the dis- 
bursements, the Legislature may take measures to 
alter and reduce the rate of tolls and other profits, 
in such manner as to take oft* the overplus for the 
next four years, calculating the amount of trans- 
portation upon the road to be the same as the four 
preceding years ; and at the expiration of every 
four years thereafter the same proceedings may be 
had. 

Sec. 6. Be it further enacted, That the directors 
of said Corporation for the time being are hereby 
authorized to erect toll houses, establish gates, ap- 
point toll gatherers, and demand toll, upon the road, 
when completed, and upon such parts thereof as 
shall from time to time be completed ; and they 
shall, from year to year, make a report to the Le- 
gislature of their acts and doings under the provi- 
sions of this act. 

Sec. 7. Be it further enacted, That the said Cor- 
poration shall be holden to pay all damages that 
may arise to any person or persons, corporation or 
corporations, by taking their lands for said Rail 
Road, when it cannot be obtained by voluntary 



BOS. P. & T. RAIL ROAD. March 12, 1830. 435 

agreement, to be estimated and recovered in the 
manner provided by law, for the recovery of dam- 
ages happening by the laying out of highways. 

Sec. 8. Be it further enacted, That when the , ^ .. r . 

•^ ' p . J Land of infaiKs, 

lands or other property or estate oi any married &c. kow taken. 
woman, infant, or person non compos mentis, shall 
be necessary for the construction of said Rail Road, 
the husband of such married woman, and the guar- 
dian of such infant or person non compos mentis, 
may release all damages in relation to the lands or 
estates, to be taken and appropriated as aforesaid, 
as they might do if the same were holden by them 
in their own right respectively. 

Sec. 9. Be it further enacted, That if any person 
shall wilfully, maliciously, or wantonly, and contra- 
ry to law, obstruct the passage of any carriage on 
said Rail Road, or in any way spoil, injure or des- 
troy said Rail Road, or any part thereof, or any 
thing belonging thereto, or any materials or imple- 
ments to be employed in the construction, or for the 
use of said Roads ; he, she, or they, or any person 
or persons, assisting, aiding or abetting in such 
trespass, shall forfeit and pay to said Corporation, 
for every such offence, treble such damages as shall 
be proved before the justice, court or jury, before penaiiy. 
whom the trial shall be had ; to be sued for and 
recovered before any justice, or in any court pro- 
per to try the same, by the Treasurer of the Cor- 
poration, or other officer whom they may direct, 
to the use of said Corporation. And such offender 
or offenders shall be liable to indictment by the 
Grand Inquest for the county within which such 
trespass shall have been committed, for any oflence 
or offences, contrary to the above provisions, and 
on conviction thereof before any Court of Common 
Pleas, to be holden in said county, shall pay a fine 
not exceeding one hundred dollars and not less 
than thirty dollars, to the use of the Commonwealth, 
or may be imprisoned for a term not exceeding one 
year, at the discretion of the Court before whom 
the conviction may be had. 



436 



BOS. P. & T. RAIL ROAD. March 12, 1830. 



First meeting. 



Proviso. 



Duties of the 
Corporation. 



Sec. 10. Be it further enacted, That the annual 
meeting of the Members of said Corporation shall 
be holden on the first Wednesday of January, at 
such time and place as the directors for the time 
being shall appoint ; at which meeting five direc- 
tors shall be chosen by ballot, each proprietor be- 
ing entitled to as many votes as he holds shares : 
Provided, they do not amount to more than one 
fourth part of the whole number. And the three 
persons first named in this act, or any two of them, 
are hereby authorized to call the first meeting of 
said. Corporation, by giving notice in the Daily 
Advertiser, published in Boston, and the Taunton 
and Dedhani papers, of the time, place, and pur- 
pose of such meeting, at least ten days before the 
time mentioned in such notice. 

Sec. \\. Be it further enacted. That if the said 
Rail Road, in the course thereof, shall cross any 
private way, the said Corporation shall so con- 
struct said Rail Road as not to obstruct the safe 
and convenient use of such private way ; and if 
said Rail Road shall not be so constructed, the 
party aggrieved shall be entitled to his action on 
the case in any Court proper to try the same, and 
shall recover his reasonable damages for such in- 
jury, and if the said Rail Road shall, in the course 
thereof, cross any canal, turnpike, or other high- 
way, the said Rail Road shall be so constructed as 
not to impede or obstruct the safe and convenient 
use of such canal, turnpike, or other highway. 
And the said Corporation shall have the power to 
raise or lower such turnpike or highway, so that 
the said Rail Road, if necessary, may conveniently 
pass under or over the same. And if said Corpo- 
ration shall raise or lower any such turnpike or 
highway pursuant thereto, and shall not so raise or 
lower the same as to be satisfactory to the proprie- 
tors of such turnpike, or to the Selectmen of the 
town or towns in which said highway may be sit- 
uate, as the case may be, said proprietors or Se- 
lectmen may require, in writing, of said Corpora- 



BOS. P. & T. RAIL ROAD. March 12, 1830. 437 

tion, such alteration or amendment as they may 
think necessary ; and if the required amendment 
or alteration be reasonable and proper, and the said 
Corporation shall unnecessarily and unreasonably 
neglect to make the same, such proprietors or Se- 
lectmen, as the case may be, may proceed to make 
such alterations or amendment, and may institute 
and prosecute to final judgment and execution, in 
any Court proper to try the same, any action of 
the case against said Corporation, and shall there- 
in recover a reasonable indemnity in damages, for 
all charges, disbursements, labor and services, oc- 
casioned by making such alteration or amend- 
ments, with costs of suit. 

Sec. 12. Be it further enacted, That it shall be 
in the power of the Government, at any time during 
the continuance of the Charter hereby granted, 
after the expiration of ten years from the opening 
for use of the Rail Road herein provided to be Say'jrchasc 
made, to purchase of the said Corporation, the i^^'' ^•'^'^' '^*^- 
said Rail Road, and all the franchise, property, 
rights and privileges of the said Corporation, on 
paying therefor the amount expended in making 
the said Rail Road, and the expense of repairs and 
all other expenses relating thereto, with interest 
thereon, at the rate of ten per cent, per annum, 
deducting all income that shall have been received 
by the stockholders. 

Sec. 13. Be it further enacted, That if the stock 

shall not have been subscribed for, the Company 

organized, and location of the route filed with the 

County Commissioners of the county or counties 

within which the land, proposed to be taken for 

the use of said Rail Road, is situate, previous to provision, 

the first day of January, in the year of our Lord 

one thousand eight hundred and thirty-one ; or if 

the stock being so subscribed for, the Company 

organized and location made as aforesaid, the said 

Corporation shall fail to complete the said Rail 

Road, before the first day of January, in the year 

of our Lord one thousand eight hundred and thirty- 



438 SARGENTS WHARF. March 12, 1830. 

five, in either of the before mentioned cases, this 
Act shall be void, and of no effect. 

[Approved by the Governor, March 12, 1830.] 



Powers granted. 



Proviso. 



CHAP. XCYI. 

An Act to authorize the Proprietors of Sargents 
Wharf to extend the same. 

Sec. 1. aSK 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 wharf in the City of Boston, now called and 
known by the name of Sargents Wharf, be, and 
they are hereby authorized and empowered to ex- 
tend the said wharf towards the channel, to any 
distance not exceeding one hundred and sixty-five 
feet from the present end thereof, being the line to 
which the Proprietors of Union Wharf were au- 
thorized and empowered by an act of the General 
Court of February twenty-seventh, one thousand 
eight hundred and twenty-nine, to extend their 
wharf, but no further ; and that they shall have and 
enjoy the right and privilege of using and occupy- 
ing the flats adjacent to said wharf when so ex- 
tended at the end, and at the sides thereof, in the 
same manner in which they have hitherto occupied 
and enjoyed the flats or docks adjoining said wharf 
as it now is : Provided, however, that neither the 
said proprietors nor their assigns, shall have or 
claim any right to extend the said wharf, or to use 
and occupy the flats which shall be on the south 
side of said wharf when so extended, beyond a line 
drawn in continuation of the boundary line divid- 
ing the lands and flats of the petitioners from the 
lands and flats of the Proprietors of Wilkinson and 



HAVERHILL CANAL. March 12, 1830. 439 

Pratts Wharf so called, or have or claim any right 
to extend the said Sargents Wharf, or to use and 
occupy the flats which shall be on the north side 
of said Sargents Wharf, when so extended, beyond 
a line drawn about eastwardly from the middle of a 
line extending from the northern boundary line of 
the lands of the Proprietors of said Sargents Wharf 
to the southern boundary line of the lands of the 
Proprietors of Union Wharf so called, through the 
point at which said boundary lines, when extended, 
will intersect each other. 

Sec. 2. Be it further enacted, That nothing here- 
in contained shall be so construed as to authorize May not injure 

. . . , tlie righls of 

said Proprietors to lessen or mjure the rights or others. 
property of any other person or persons whatso- 
ever. 

[Approved by the Governor, March 12, 1830.] 



CHAP. XCVII. 

An Act in addition to an act, empowering Ezekiel 
Hale to open a Canal from Hale's Mill to Little 
River Bridge in Haverhill. 

JdE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the further time 
of one year from the passing of this act is hereby Time extended, 
granted to the said Ezekiel Hale, to enable him to 
construct and fully complete a navigable Canal, 
and to open and clear out the channel of the Little 
River, as he was authorized to do by the provisions 
of the act to which this is in addition. 

[Approved by the Governor, March 12, 1830.] 
57 



440 MILLS, DAMS, &c. March 12, 1830. 



CHAP. XCVIII. 

An Act to prevent Trespasses upon Mills, and 
Dams, and the Appurtenances thereof. 

-OE 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 shall, wantonly 
and without color of right, draw off the water con- 
tained in any Mill Pond, Dam, Reservoir, Canal or 
Trench, or injure, break, remove or destroy, any 
Dam, Reservoir, Canal or Trench, or any gate, 
flume, flash boards, or other appurtenances to the 
same, or the wheels, machinery, or mill gear of 
Penalty, &c. g^jjy ^^^q qj. watcr mill, or shall be accessary there- 
V to, before or after the fact, and shall be thereof 

duly convicted, on indictment before the Court of 
Common Pleas or Supreme Judicial Court, in the 
County where such oftence shall be committed, the 
person so convicted of such offence shall be pun- 
ished by a fine not exceeding five hundred dollars, 
to the use of the Commonwealth, or by imprison- 
ment in the common gaol, not exceeding one year, 
according to the degree and aggravation of the 
offence, and shall also be liable in damages to the 
party injured, in an action at law. And all prose- 
cutions for breaches of this act shall be commenc- 
ed within one year from the time when such offence 
shall be committed. 

[Approved by the Governor, March 12, 1830.] 



HOPE INS. CO. March 12, 1830. 441 



CHAP. XCIX. 

An Act to incorporate the Hope Insurance Com- 
pany. 

Sec. 1. Jb>E it enacted by the Senate and House, 
of Representatives, in General Court assembled, and 
by the authority of the same, That Nehemiah Par- Persons incorpo- 
sons, and his associates, and their successors and 
assigns, be, and they hereby are incorporated and 
made a body poUtic, by the name of the Hope In- 
surance Company, for the purpose of making mari- 
time loans, and insurance against maritime losses, 
and losses by fire, in the usual and customary man- 
ner, with all the privileges, and subject to all the 
duties and obhgations contained in a law entitled 
" An Act to define the powers, duties and restric- 
tions of Insurance Companies," passed on the six- 
teenth day of February, in the year of our Lord one 
thousand eight hundred and eighteen, and " An 
Act authorizing the several Insurance Offices in 
this Commonwealth to insure against fire," passed 
on the twenty first day of February, in the year of 
our Lord one thousand eight hundred and twenty, 
for and during the term of twenty years from and 
after the passing of this act ; and by the name Powers granted. 
aforesaid they may sue and be sued, plead and be 
impleaded, appear, prosecute and defend to final 
judgment and execution ; and they may have 
a common seal, which they may alter at plea- 
sure ; and they may purchase, hold, and convey, 
any estate, real or personal, for the use of said 
Company : Provided, that the said real estate shall 
not exceed the value of fifty thousand dollars, ex- 
cepting 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 
Stock of said Company shall be two hundred thou- 



Officers, &c. 



442 HOPE INS. CO. March 12, 1830. 

Capital Stock, sand dollars, and shall be divided into shares of 
one hundred dollars each ; and one hundred thou- 
sand dollars shall be paid in, in money, within sixty 
days after the first meeting of said Company, and 
the residue within one year from the time of pass- 
ing this act, in such instalments, and under such 
provisions and penalties as the President and Di- 
rectors of said Company shall order and appoint ; 
and the capital stock shall not be transferred within 
one year from the passing of this act. And if the 
provisions of this act shall not have been complied 
with, in one year from the passing of this act, the 
same shall be void. 

Sec. 3. Be it further enacted, That the stock, pro- 
perty and concerns, shall be managed and con- 
ducted by eleven directors, one of whom shall be 
the President of the Company ; and they shall hold 
their offices until the next annual meeting after 
their election, and until others are chosen in their 
stead ; and they, at the time of their election, shall 
be interested in the stock of the Company, and ci- 
tizens of this Commonwealth. And the directors 
shall be elected at the annual meeting of the Com- 
pany, which shall be holden at such time and place 
in the City of Boston, in the month of April annu- 
ally, as the directors for the time being shall ap- 
point ; of which meeting public notice shall be 
given in two of the newspapers printed in Boston, 
at least ten days previous to the meeting. The 
election shall be made by ballot, by a majority of 
the stockholders present, allowing one vote to each 
share of the stock : Provided, that no stockholder, 
in his own right, shall be entitled to more than 
thirty votes ; and absent stockholders may vote by 
proxy. 

Sec. 4. Be it further enacted, That the directors, 

DuiyofDirec- as soon as may be convenient after they shall be 
chosen, shall meet and elect one of their body to 
be the President of the Company ; and he shall be 
sworn or affirmed to the faithful discharge of the du- 
ties of his office ; and he shall preside till the next 



tors. 



HOPE INS. CO. March 12, 1830. 443 

annual meeting, and until another President shall be 
chosen. And in case of the death, resignation, or 
inabihty to serve, of the President, or any director, 
such vacancy or vacancies shall be filled, for the 
remainder of the year in which they happen, by a 
special election, at a meeting of the stockholders, 
to be called for that purpose, in the same manner 
that the annual election shall be called. 

Sec. 5. Be it further enacted, That the President Board for trans- 
and five directors, or six directors in the absence of ^g'J°" °^ *"""' 
the President, shall be a board competent to trans- 
act all the business which is referred to them ; 
and all questions before them shall be decided by 
a majority of votes ; and they shall have power to 
make and alter such by-laws as to them may appear 
useful for the management and disposition of the 
property and concerns of the Company : Provided, 
that the same be not repugnant to the laws and 
Constitution of the Commonwealth. And said di- 
rectors may appoint all officers and agents, that in 
their opinion the affairs of the Company may re- 
quire, and prescribe their duties, and fix their com- 
pensation, invest and manage the capital and in- 
come of the Company, pay losses, declare and pay 
dividends, and do all things which the Company 
might lawfully do excepting as is otherwise herein 
provided. 

Sec. 6. Be it further enacted, That the said Ne- 
hemiah Parsons be, and he is hereby authorized, 
as soon as shall be convenient after the passing of 
this act, to call the first meeting of said Company, First meeiing. 
for the purpose of organizing the Corporation, and 
choosing directors, by advertising notice of the 
time and place of the meeting in two of the news- 
papers printed in Boston, at least two weeks pre- 
vious to the meeting. 

Sec. 7. Be it further eriacted. That said Company 
shall not take any risk, or subscribe any policy, 
till one half of their capital shall be paid in ; and 
they shall at no time take any one risk, by way of 
a policy of insurance, maritime loan, or bottomry, 



taxed. 



444 STRAIT POND FLATS. March 12, 1830. 

or otherwise, to a greater amount than ten per 
cent, on their capital actually paid in. 

Sec. 8. Be it farther enacted, That the Hope In- 
Liabie to be suraucc Compauy shall be located in Boston ; and 
it shall be liable to be taxed by any general law 
providing for the taxation of all similar corpora- 
tions that are liable by law to be taxed. 

[Approved by the Governor, March 12, 1830.] 



CHAP. C. 

An Act for the preservation of Strait Pond Flats 
(so called) lying in the towns of Cohasset in the 
County of Norfolk and Hull in the County of 
Plymouth. 

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, it shall not be lawful for 
any person or persons, without the consent of the 
proprietors of said flats, to take, carry away, or re- 
uke°°ra"e^^ ""' movc by land or by water, from off the beaches 
stones, &c.' cxtcndiug from Nathaniel Nichols's dwelling house 
in Cohasset to Nantasket neck, any stones, gravel 
or sand, and every person so offending and being 
convicted thereof shall forfeit and pay for each and 
Penalty. evcry ton of stones, gravel and sand, so taken and 

carried away, the sum of five dollars, and in pro- 
portion for a greater or less quantity, with costs of 
suit, to be recovered in an action of debt by any 
person who shall first sue therefor in any Court 
proper to try the same, one half to his own use, the 
other to the proprietor of said Flats. 

Sec. 2. Be it further enacted. That any person 
having a legal title in or to any of the beaches 
which protect the said flats from the sea, or to any 



CONVICTS. March 12, 1830. 445 

right or interest therein, shall have a compensation 
in damages to be paid by said proprietors, for any 
injury he may sustain under any of the provisions 
of this act, which damages shall be estimated by a _, , 

o T T • 1 /-I Damages, now 

jury, to be awarded by the Supreme Judicial Court, esiimaied. 
at any of their terms to be held in either of the 
Counties of Plymouth or Norfolk, and recovered with 
costs, in the same manner in which damages are 
estimated and recovered by persons injured by lay- 
ing out of highways : Provided, application therefor 
be made by petition to said Court, within twelve ^'■°^'^°- 
months from and after the passing of this act, sav- 
ing to the said proprietors the right to contest the 
title of any such applicant, in and to the said 
beaches, or any of them, or any part of them, by 
pleading to issue to any such petition, and any such 
issue, whether in law or fact, shall be tried in said 
Court, and if such issue shall be finally determined 
against such applicants, said proprietors shall re- 
cover their costs. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CI. 

An Act to repeal the sixth section of an Act enti- 
tled " An Act relating to the Punishment of 
Convicts who may be sentenced to solitary im- 
prisonment and confinement to hard labor." 

-t>E it enacted by the Senate and House 
of Represeiitatives, in General Court assembled, and 
by the authority of the same, That the sixth sec- 
tion of an act entitled " An Act relating to the 
Punishment of Convicts who may be sentenced to 
solitary imprisonment and confinement to hard la- 
bor," passed February the nineteenth, in the year 



446 WHARF IN TROY. March 12, 1830. 

of our Lord one thousand eight hundred and nine- 
teen, be, and the same is hereby repealed : Pro- 
vided, however, that all proceedings had, and sen- 
tences already passed, shall remain in force in the 
same manner as if this act had not passed. 

[Approved by the Governor, March 12, 1830.] 



Proviso. 



CHAP. CII. 

An Act authorizing the Fall River Iron Works 
Company to build a Wharf on Taunton River in 
the town of Troy. 

OE it enacted by the Senate and House 
of Representatives, in Geiieral Court assembled, and 
by the authority of the same. That the Fall River 
Iron Works Company, in the town of Troy and 
County of Bristol, be, and the same hereby are 
owers g^ran e . g^y^jjQj.J2ed and empowcrcd to build a wharf near 
said Iron Works and extending into Taunton Great 
River so far as to have fourteen feet of water at 
common low tide, and that the said Company be 
allowed the exclusive use of the water, for the use, 
accommodation and occupation of said wharf. 
Proviso Provided, the erection and improvement of said 

wharf shall in no wise affect the legal rights of any 
other person or persons whatsoever. 

[Approved by the Governor, March 12, 1830.] 



WOR. CO. ATHENiEUM. March 12, 1830. 447 

CHAP. cm. 

An Act to incorporate the Worcester County 
Athenoeum. 

Sec. 1. l3E // enacted bi/ the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Daniel Waldo, 
Rejoice Newton, John W. Lincoln, Abijah Bige- Persons incor- 
low, William Lincoln, Frederick W. Paine, Emory p"'^^'*^*^- 
Washburn, Thomas Kinnecutt, Isaac Davis, and 
Isaac Goodwin, together with all other persons 
who are or shall become members of the said asso- 
ciation, be, and they hereby are incorporated, by 
the name of the " Worcester County Athenosum," 
and by that name may sue, and be sued, plead, and 
be impleaded, defend, and be defended, in any 
Courts of law, or elsewhere, in all manner of ac- 
tions, pleas or controversies whatsoever ; and in 
their said corporate capacity, and by their said 
name, they and their successors shall be capable in 
law, to purchase, receive, have, hold, take, pos- 
sess, and enjoy, in fee simple, or otherwise, lands, 
tenements, rents and hereditaments, not exceeding 
in the whole the yearly value of two thousand dol- 
lars, exclusive of the building or buildings which 
may be actually occupied, or used for literary pur- 
poses. And the said Corporation, and their suc- 
cessors shall be capable of taking, receiving, and 
holding by donation, subscription, bequest, or oth- 
erwise, money, goods, chattels, effects and credits, 
to an amount, the yearly value of which shall not 
exceed three thousand dollars, exclusive of their 
books, and cabinet of minerals or other curiosities ; 
so that the estate aforesaid shall be appropriated 
for the promotion of hterature, of the arts and 
sciences and not otherwise : and the said Corpo- 
ration and their successors shall have power to 
give, grant, sell, alien, convey, exchange or lease, 
58 



448 



WOR. CO. ATHEN^UM. 



March 12, 1830. 



May have com- 
mon seal. 



May call meet- 
ings, &c. 



Proviso. 



May have pow- 
er to impose 
fines. 



May sell shares 
of delinquents. 



all, or any part of their lands, tenements, or other 
property, for the benefit and advantage of said 
Corporation. 

Sec. 2. Be it further enacted, That the said Cor- 
poration may have a common seal, for their use 
and benefit, with full power to alter, change, or 
renew it, whenever they shall think the same expe- 
dient. 

Sec. 3. Be it further enacted, That the said Cor- 
poration shall have power to determine when and 
where their meetings shall be holden, and the man- 
ner of notifying and calling the same, and power to 
choose such oflicers, with such powers as they shall 
judge expedient, and to make by-laws for the due 
government of the said Corporation, and for the 
due and orderly conducting the aflairs thereof, and 
for and concerning all matters and things relating 
to said Corporation, and the same at pleasure to 
alter, amend or repeal. Provided, however, that 
the powers vested in their said officers, and the 
said by-laws, shall not be repugnant to the Constitu- 
tion and laws of this Commonwealth. 

Sec. 4. Be it further enacted. That the said Cor- 
poration shall have power to impose suitable fines, 
not exceeding five dollars for the non-fulfilment, or 
breach of the same by-laws, and the said Corpora- 
tion shall have a suitable remedy by action, to re- 
cover such fines in any Court of law proper to try 
the same. 

Sec. 5. Be it further enacted. That whenever 
any proprietor shall neglect or refuse to pay any 
assessment duly imposed upon his share or shares 
in said Corporation, for the space of sixty days af- 
ter the time set for the payment thereof, the Trea- 
surer of said Corporation is hereby authorized to 
sell at public vendue the share or shares of such 
delinquent proprietor, after duly notifying in one of 
the newspapers printed in the town of Worcester 
the sum due on such share or shares, and the time 
and place of sale, at least thirty days before the 
time of such sale : and such sale shall be a suffi- 



FARMERS BANK. March 12, 1830. 449 

cient transfer of the share or shares so sold to the 
purchaser, and upon producing a certificate of 
such sale from the Treasurer, such purchaser shall 
be entitled to a transfer of the share or shares so 
sold, on the books of the Corporation ; and shall 
be considered, to all intents and purposes the pro- 
prietor thereof; and the overplus of such sale, if 
any there be, after payment of such assessment, and 
incidental charges, shall be paid on demand, by 
such Treasurer, to the person whose share or shares 
were sold as is before provided. 

Sec. 6. Be it further enacted, That any three 
of those whose names are before mentioned shall 
have power to call the first meeting of the said First meeting. 
Corporation, by advertising the same three weeks 
successively before the time of such meeting, in 
one of the newspapers printed in the town of Wor- 
cester, and at the same meeting the said Corpora- 
tion may proceed to execute any or all the powers 
vested in them by this act. And this act may be 
altered, or amended, at the pleasure of the Legis- 
lature. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CIV. 

An Act to repeal " An Act to incorporate the Pre- 
sident, Directors and Company of the Farmers 
Bank in Belchertown." 

-OE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That " An Act to in- 
corporate the President, Directors and Company of 
the Farmers Bank in Belchertown," passed on the 
twenty sixth day of February, in the year of our 



450 BRIGHTON BANK. March 12, 1830. 

Lord one thousand eight hundred and twenty five, 
is hereby " declared to be forfeited and void ;" and 
from and after the passing of this act, is, and shall 
Repeal. be taken to be, wholly repealed : Provided, how- 

ever, that nothing in this act contained shall be so 
construed as to absolve the said Corporation, or 
any director or stockholder thereof, from any lia- 
bility created by the act hereby repealed. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CV. 

An Act to repeal " An Act to incorporate the Pre- 
sident, Directors and Company of the Brighton 
Bank." 

Jl>E it enacted by the Senate and House 
of Represe7itaiives, in General Court assembled, and 
by the authority of the same, That " An Act to in- 
corporate the President, Directors and Company 
of the Brighton Bank," passed on the tenth day of 
March, in the year of our Lord one thousand eight 
hundred and twenty eight, is hereby " declared to 
be forfeited and void;" and from and after the 
passing of this act, is, and shall be taken to be, 
Repeal. whoUy repealed : Provided, however, that nothing 

in this act contained shall be so construed as to 
absolve the said .Corporation, or any director or 
stockholder thereof, from any liability created by 
the act hereby repealed. 

[Approved by the Governor, March 12, 1830.] 



OXFORD CONG. M. H. March 12, 1830. 451 



CHAP. CVI. 

An Act in addition to the several acts relating to 
the second Massachusetts Turnpike Corporation. 

X>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That David White, of May caii meei- 
Heath, in the County of Frankhn, be, and he is '"^" 
hereby authorized to call a meeting of the proprie- 
tors of the Second Massachusetts Turnpike Cor- 
poration, for the purpose of choosing a Clerk, by 
personally notifying each proprietor of said Corpo- 
ration, or by leaving a written notice at the usual 
place of abode of such proprietor, his or her agent, 
of the time and place of such meeting, fourteen 
days at least before the time of holding the same. ' 

[Approved by the Governor, March 12, 1830.] 



CHAP. CVII. 

An Act to incorporate the Proprietors of the First 
Congregational Meeting-house in Oxford. 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Jonathan Davis, 
Sterns Dewit, Stephen Davis, Delano Pierce, and Persons incor- 
Josiah Russell, their associates and successors, be, '^°^^^^^- 
and they hereby are made a body corporate, by 
the name of the Proprietors of the First Congrega- 
tional Meeting-house in Oxford, and by that name 
may sue and be sued, and may ordain rules and 



452 



OXFORD CONG. M. H. 



March 12, 1830. 



regulations, not repugnant to the laws of this Com- 
monwealth, and choose such officers as the good 
management of the affairs of said body corporate 
may at all times require ; and, in managing the 
affairs of said Meeting-house, no proprietor shall 
be entitled to more than one vote, and the proprie- 
tors of a single pew shall be entitled to one vote 
and no more. 

Sec. 2. Be it further enacted, That said corpo- 
Poweis &c. ^^^^ body shall have power to raise money by as- 
sessment on the pews in said Meeting-house, for 
the purpose of keeping the same, and its appur- 
tenances, in repair, to be assessed and collected 
agreeably to the provisions of the act entitled " An 
Act authorizing the proprietors of Churches, Meet- 
ing-houses, and other Houses of Pubhc Worship, 
to regulate and manage their property and interest 
therein." 

Sec. 3. Be it further enacted, That Jonathan Da- 
First meeting, yis, thc first on the list of Said corporators, may call 
the first meeting of said body corporate, by posting 
notice of the time and place thereof, in some con- 
spicuous place in said Meeting-house, eight days 
at least before the time he may so appoint. 

Sec. 4. Be it further enacted, That this act shall 
be subject to revision or repeal at the will of the 
Legislature. 



[Approved by the Governor, March 12, 1830.] 



REAL ESTATES. March 12, 1830. 453 



CHAP. CVIII. 

An Act in addition to an Act entitled " An Act di- 
recting the settlement of the Estates of persons 
deceased, and for the Conveyance of Real Es- 
tates in certain cases." 

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 so much of the Repeal 
act aforesaid, to which this is in addition, passed 
on the fourth of March, in the year of our Lord 
one thousand seven hundred and eighty four, as 
requires a notice of the sale of real estate in cer- 
tain cases therein specified to be posted up in the 
shire town of the County, be, and the same is 
hereby repealed. 

Sec. 2. Be it further enacted, That, in any Coun- 
ty within this CommonweaUh, consisting of one 
town, the notifications in all cases now required by 
law to be posted up in two adjoining towns, shall 
not hereafter be required, any law to the contrary 
notwithstanding. 

[Approved by the Governor, March 12, 1830.] 



454 



GRAFTON MANUFAC. CO. March 12, 1830. 



Persons incor- 
porated. 



May hold real 
and personal 
estate. 



CHAP. CIX. 

An Act to incorporate the Grafton Manufacturing 
Company. 

Sec. 1. aSE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Samuel Cabot, 
Israel Thorndike, Robert G. Shaw, together with 
such other persons, as may become associates with 
them, their successors, and assigns, be, and they 
hereby are, created a body corporate, by the name 
of the Grafton Manufacturing Company, for the 
purpose of manufacturing, at Grafton in the County 
of Worcester, cotton, woollen, linen, and other 
goods, and for this purpose shall have all the pow- 
ers and privileges, and shall be subject to all the 
duties and requirements contained and provided, 
respecting such corporations, in and by an act, 
passed on the twenty-third day of February, in the 
year of our Lord one thousand eight hundred and 
thirty, entitled " An Act defining the general pow- 
ers and duties of Manufacturing Corporations." 

Sec. 2. Be it further enacted, That the said Cor- 
poration may take and hold such real estate, at said 
Grafton, not exceeding in value the sum of one hun- 
dred and fifty thousand dollars, and such personal 
estate not exceeding in value a like sum, as may be 
suitable and convenient for carrying on the manu- 
factures aforesaid. 



[Approved by the Governor, March 12, 1830.] 



Pro- 
have 



COURTS OF PROBATE. March 12, 1830. 455 



CHAP. ex. 

An Act further to regulate the jurisdiction and 
proceedings of the Courts of Probate. 

Sec. 1. UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
bii the authoritii of the same, That the Courts of Pro- courts of 

•/ J J .... bale shall ..^.v- 

bate shall have concurrent jurisdiction with the Su- concurrentjuris- 
preme Judicial Court and the Court of Common j'.c°an"d"c.c. 
Pleas, in granting licences to Executors, Adminis- !1 ' 'I ""^"^'^'^ 
trators, and Guardians, to sell, for the payment of 
debts and legacies, or taxes, or for the support or 
legal expenses of Wards, the whole of any real 
estate, in cases where by a partial sale the residue 
of such estate would be greatly injured. 

Sec. 2. Be it further enacted, That the Judges of 
Probate may adjourn their respective Courts from Judges of Pro- 

Jo _ 1 b3.tc may ad- 

time to time, as they shall judge necessary; and joum their 
whenever any Judge of Probate shall, by reason of S7imef&c.*""* 
sickness or other reasonable cause, be unable to 
attend in person, when such adjournment shall be 
necessary, then his Register of Probate shall make 
such adjournment according to the direction which 
shall be given by such Judge of Probate for that 
purpose. 



[Approved by the Governor, March 12, 1830.] 



59 



456 



CROWN & EAGLE MILLS. March 12, 1830. 



CHAP. CXI. 

An Act to incorporate the Proprietors of the Crown 
and Eagle Mills. 



Persons incor- 
porated . 



Powers, &e. 



May hold real 
and personal 
esiate. 



Sec. 1. 15E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Robert Rogerson 
and Handel Rogerson, together with such other 
persons as may become associates with them, their 
successors and assigns, be, and they hereby are, 
created a body corporate, by the name of the Pro- 
prietors of the Crown and Eagle Mills, for the pur- 
pose of manufacturing cotton goods at Uxbridge, 
in the County of Worcester ; and for this purpose 
shall have all the powers and privileges, and shall 
be subject to all the duties and requirements, con- 
tained and provided in and by an act passed on the 
twenty third day of February, in the year of our 
Lord one thousand eight hundred and thirty, enti- 
tled " An Act defining the general powers and 
duties of Manufacturing Corporations." 

Sec. 2. Be it further enacted, That the said Cor- 
poration may take and hold such real estate, not 
exceeding in value the sum of one hundred thou- 
sand dollars, and such personal estate, not exceed- 
ing in value two hundred thousand dollars, as may 
be suitable and convenient for carrying on the 
manufacture aforesaid. 



[Approved by the Governor,. March 12, 1830.] 



WHARVES. March 12, 1830. 457 



CHAP. CXIl. 

An Act concerning the jurisdiction of the Pohce 
Court in the City of Boston. 

-lSE it enacted hy the Senate and' House 
of Representatives, in General Court assetnbled, and 
bif the authority of the same. That tlie Pohce Court Police coun 

,^ y j-^- r r> 1 II 1 • • shall have Con- 

ot the City oi boston shall have concurrent juris- current jurisdic- 
diction with the Municipal Court of said City in ciparcoun if 
all cases (excepting where the fine, penalty, or for- 
feiture exceeds twenty dollars) arising under an 
act entitled " An Act in addition to an act entitled 
An Act for the due regulation of licensed houses," 
passed in the year of our Lord one thousand eight 
hundred and sixteen, and under the act to which this 
[that] is in addition, the prosecution in such cases to 
be upon complaint or information, as in other cases 
in said Police Court, saving always the right of 
appeal, as in other cases, to the said Municipal 
Court, any thing to the contrary hereof in the said 
acts notwithstanding. 



certaiu ca^es. 



'O' 



[Approved by the Governor, March 12, 1830.] 



CHAP. CXllI. 

An Act to confirm the extension of Wright and 
Dame's Wharves. 

Sec. 1. a K 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 wharves on the cast side of Sea-street, in the 



458 STATE PRISON. March 12, 1830. 

City of Boston, near the Free Bridge, known by 
the name of Wright and Dame's Wharves, be con- 
Extension of firmed in their extension of said wharves below the 
filmed! ° Une of low water mark, upon the condition that the 
end of the South Wharf shall be removed agreea- 
bly to the judgment of the Municipal Court in the 
City of Boston, and upon the further condition, that 
the said wharves shall continue to be built upon 
piles, and not filled up with any solid materials, and 
not be extended beyond the limits herein author- 
ized. 

Src. 2. Be it further enacted, That nothing herein 
contained shall be so construed as to authorize said 
proprietors to lessen or injure the rights or pro- 
perty of any other person or persons whatsoever. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CXIV^. 

An Act in addition to the several acts providing for 
the Gc 
Prison. 



the Government and Regulation of the Slate 



Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in. General Court assembled, and 
by the authority of the same. That the W^arden of 
Warden may the State Prison may substitute for Potatoes, now 
''^^^P^^^'"'^^- allowed by law to the Convicts, Beans, Peas, or 
Proviso other Vegetables : Provided, the substitute does not 

exceed the cost of Potatoes. And in addition to 
the clothing specified in the acts to which this is 
in addition, the said Warden may allow to the Con- 
victs, Caps, Beds and Bedding, when he may think 
it necessary to prevent sufllering, and he may exer- 
cise his discretion in increasing or diminishing the 
yearly quantity of clothing : Provided, that by such 



MILITIA. March 12, 1830. 459 

variation, the aggregate amount of clothing shall 
not be increased. 

Sec. 2. Be it further enacted, That, in addition 
to the Watchman now provided for by law, the ^vaS°nlaI.. 
Warden may appoint one for the Hospital, when in 
his opinion it shall be necessary : Provided, never- Proviso. 
theless, That the Warden shall not exercise the 
power and authority granted in the foregoing pro- 
visions, but by the advice and consent of the In- 
spectors of said Prison. 

Sec. 3. Be it further enacted, That the Physi- 
cian of the Prison shall be entitled to receive one riosic'^in- •"- 

, 11111 • 11-* 1- crease ol salary. 

hundred dollars per annum, m addition to his pre- 
sent salary, to be paid by the Warden out of the 
Treasury of the Prison. 

Sec. 4. Be it further enacted, That so much of 
the twenty-sixth section of an act entitled " An Act 
providing for the Government and Regulation of 
the State Prison," passed on the eleventh day of ^^^i'^«'- 
March, in the year of our Lord one thousand eight 
hundred and twenty-eight, as relates to the mark- 
ing of Convicts previous to their being discharged 
on the expiration of a second commitment, be, and 
the same is hereby repealed. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CXV. 

An Act in further addition to an act entitled " An 
Act for Regulating, Governing, and Training the 
Militia of this Commonwealth." 

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 the following per- 
sons, notwithstanding their being above the age [of] 



460 MILITIA. March 12, 1830. 



Conditional 
exempts. 



eighteen, and under the age of forty-five years, be, 
and they are hereby conditionally exempted from 
military duty, as follows, to wit : All persons who 
have held, or may hereafter hold commissions in 
the army or navy of the United States, for a term 
less than five years, and all persons who are, or 
may be, between the ages of thirty and forty- 
five years, be, and they are hereby exempted from 
all military duty, except that of keeping themselves 
constantly furnished with the arms and equipments 
required by the laws of the United States, and the 
duty of carrying or sending them, on the first Tues- 
day of May, annually, to the place of inspection or 
view of arms of the company within whose bounds 
they may reside, and in which they are enrolled. 
Sec. 2. Be it further enacted, That all persons 
Persons between July enrolled aud enlisted in the Militia, between 

the ages of 18 >' r • i i i • • i • 

and 30, who are thc agcs ol eighteen and thirty years, inclusive, 
e7ande"quipped, shall bc entitled to receive, from the Treasurers of 
dufy^ex^mpt'ed ^^^^^^' respcctivc towus and cities, a sum equal to 
from' poll taxes, thc poll tax to thc Statc, Couuty, and Town or 
City, (exclusive of highway taxes) which may have 
been paid by such persons, or by their parents, 
masters or guardians, on condition of keeping 
themselves armed, uniformed, and equipped, accord- 
ing to law, and of doing all the active duty requir- 
ed by law : and it shall be the duty of the com- 
manding officers of companies, on or before the 
first day of November in each year, to make out 
and certify to the Assessors of each town or city, a 
list of all persons in their respective companies, 
who, through the year preceding, have kept them- 
selves armed, uniformed and equipped, according 
to law, and have performed all the militia duties 
Duty of Asses- rcqulrcd bylaw; and the Assessors shall, within 
ten days thereafter, examine said list, and certify 
to the Treasurer of their respective towns or cities, 
the amount to be paid to each person named in 
said list ; and the Treasurer of said town or city 
shall, on request, pay the amount of said poll tax 
to the several persons named in said list, or, if mi- 



sers and Trea 
surer s. 



MILITIA. March 12, 1830. 461 

nors, to their parents, masters or guardians; and . 
upon the refusal of any town or city forthwith to 
pay the same, the persons entitled shall severally 
have an action on the case for money had and re- 
ceived, against such town or city, to recover the 
same ; and if any such commanding officer shall 
wilfully refuse to certify as aforesaid, or shall wil- 
fully or fraudulently make a false certificate, he penalty for false 
shall forfeit a sum not less than twenty, nor more certificate. 
than fifty dollars, to be recovered by indictment, or 
information, in any Court of Record proper to try 
the same, to the use of the town or city in which 
the person, in whose favor such certificate was 
made, was assessed. 

Sec, 3. Be it Jurther enacted, That it shall not 
be lawful for any Officer of the Militia, on days of 
military duty, to treat with ardent spirits any per- arXm"spirit's' 
son or persons subject to military duty, and it shall P'^o'"'^"eJ- 
not be lawful for any candidate for an office in the 
militia, cither pending, or after an election, to treat 
with ardent spirits the persons attending such 
election. 

Sec. 4. Be it further enacted, That every non- 
commissioned officer and private, (except those 
who shall, under the provisions of this act, send 
their arms and equipments on the first Tuesday of 
May annually, for inspection) who being duly or- 
dered to appear at the company inspection and 
view of arms, on the first Tuesday of May, and 
shall unnecessarily neglect to appear at the time 
and place appointed, shall forfeit four dollars ; and, Fi„es for neglect 
being duly ordered, shall unnecessarily neglect to ofniiiiiaryduty. 
appear at any company training at the time and 
place appointed, shall forfeit three dollars ; and, 
being duly ordered, shall unnecessarily neglect to 
appear for any battalion, regimental, or brigade 
inspection or review at the time and place appoint- 
ed, shall forfeit five dollars ; and all fines and for- 
feitures, incurred by noncommissioned officers and 
privates, under the provisions of this act, shall be 
prosecuted for and recovered in the manner pro- 



462 MILITIA. March 12, 1830. 

vided for by the thirty-fifth section of an act enti- 
tled " An Act for Regulating, Governing, and 
Training the Militia of this Commonwealth," pass- 
ed March sixth, A. D. eighteen hundred and ten. 
Sec. 5. Be it further enacted, That the provision 
hig"iobe"between iH thc first scction of au act, passed the eleventh 
May Inspection ^jjy of Fcbruarv, in the year one thousand eight 

and i all review. , '' -, ^ -, •' ,*' ,.. ~ 

hundred and twenty-three, autnorizmg company 
officers to parade their respective companies for 
discipline, one day in the year, and no oftener, in 
addition to the company inspection in May, and the 
brigade, regimental, or battalion review now estab- 
lished by law, be so far defined, that it shall be the 
duty of said company officers to so parade their 
companies, on some day between the company in- 
spection in May, and the review in the fall, and at 
no other time. 

Sec. 6. Be it further enacted, That so much of 
oflenamJ'ctl!^ the first section as relates to conditional exemp- 
tion, and the twenty seventh, twenty eighth, and 
twenty ninth articles of the thirty fourth section of 
an act entitled "An Act for Regulating, Governing 
and Training the Militia of this Commonwealth," 
passed March sixth, A. D. eighteen hundred and 
ten, and the first section of an act entitled " An 
Act for Regulating, Governing and Training the 
Militia of this Commonwealth, passed February 
twenty first, A. D. eighteen hundred and twenty 
two ; and all laws heretofore made, so far as they 
are inconsistent with the provisions of this act, be, 
and the same are hereby repealed. 

[Approved by the Governor, March 12, 1830.] 



I 



INSTRUCTION OF YOUTH. March 12, 1830. 463 



CHAP. CXVI. 

An Act in addition to an Act entitled " An Act to 
provide for the Instruction of Youth." 

Jl>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the inhabitants of „ , 
the several School Districts within any town in this scIiooidis- 
Commonwealth, which hath already, or which shall 
hereafter define the limits of such districts, quali- 
fied to vote in town affairs, be, and they hereby 
are authorized, at any meeting, called in the man- 
ner required by an act passed on (he tenth day of 
March, in the year of our Lord one thousand eight 
hundred and twenty seven, entitled " An Act to 
provide for the instruction of youth," in addition 
to the powers which they now possess, by virtue of 
the act aforesaid, to hire, purchase, or erect and 
maintain more than one School House in any dis- 
trict, and to purchase land therefor, determine the 
sites thereof, and by the Prudential Committee of 
the district, to select, contract with, and employ an 
Instructor for each of said School Houses, and to 
procure the necessary utensils therefor, agreeably 
to the provisions of the tenth section of the act 
aforesaid : Provided, that nothing herein contained 
shall prevent towns from carrying the provisions of 
this act into efi^ect in their corporate capacity, and 
at the expense of the town ; and if the inhabitants 
of any School District cannot agree where to place 
such School Houses, the Selectmen of the town to 
which such district belongs may, upon application, 
determine the places thereof, agreeably to the pro- 
visions of the fifteenth section of the act aforesaid. 

[Approved by the Governor, March 12, 1830.] 
60 



464 BOS. & P. C. COACH CO. March 12, 1830. 



CHAP. CXVH. 

An Act to incorporate the Boston and Providence 
Citizens Coach Company. 

Sec. 1. He it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Windsor Fay, 

Persons incorpo- Davi.d Homcr, Jabez Bullard, William Willet, Cal- 
vin Bullard, Benjamin V. French, with such others 
as may associate with them, their successors and 
assigns, be, and they hereby are made a Corpo- 
ration, by the name of Boston and Providence 
Citizens Coach Company, for the purpose of con- 
veying passengers between the City of Boston and 
the town of Providence in Rhode Island, with lib- 
erty to convey passengers to and from said places, 
and all other towns and places on the aforesaid 

Powers granted. loutc ; and for that purpose shall have all the pow- 
ers and privileges, and shall be subject to all the 
duties, restrictions and liabilities, prescribed and 
contained in an act entitled " An Act defining the 
general powers and duties of Manufacturing Cor- 
porations," passed on the third day of March, in 
the year of our Lord one thousand eight hundred 
and nine, and the several acts in addition thereto, 
passed previous to the present session of this Le- 
gislature : Provided, however, that said Company 
"*^'*'*' shall not ask or demand for the conveyance of any 

passenger, with the usual baggage, any greater 
sum than two dollars and fifty cents, between the 
City of Boston and the town of Providence, and in 
the same proportion, as nearly as may be, for all 
intermediate distances, under a penalty of twenty 
dollars, to be recovered by any person aggrieved 
thereby, in any court proper to try the same. 

Sec. 2. Be it further enacted. That said Com- 
pany may lawfully hold and possess such real es- 



EASTERN STAGE CO. March 12, 1830. 465 

tate, not exceeding the value of fifty thousand dol- May hold real 

, , ,'-^ Til and persoDaf 

lars, and personal estate, not exceeding the value estate, 
of one hundred thousand dollars, as may be neces- 
sary for the purpose of carrying into effect the 
objects of this act. 

Sec. 3. Be it further enacted, That the name of 
said Company shall be conspicuously affixed to all panTto'be^^x- 
carriages which may be used by them ; and if said ^^ '" carriages. 
Company shall neglect to comply with this require- 
ment, they shall be liable to forfeit and pay ten dol- 
lars for each and every day during which any of 
their said carriages may be employed in the trans- 
portation of passengers without having their said 
name so affixed thereto ; which forfeiture may be 
sued for and recovered in any court of competent 
jurisdiction, by the person who shall first sue for 
the same, to his own use ; and said Company shall 
be responsible for all baggage or other property 
committed to them, their agents or drivers, to be 
conveyed on any of said routes, or any part thereof. 

Sec. 4. Be it further enacted, That this act may 
be amended or repealed at the pleasure of the Le- 
gislature. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CXVIII. 

An Act to establish the Eastern Stage Company. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Nehemiah Cleave- Persons incorpo- 
land, Jeremiah Colman, Benjamin Hale, Henry '"^'^'^ 
Whipple, Joseph Winn, John Winn, Seth Sweetser, 
Henry Elkins, John Heard, Ebenezer Mosely, and 
Thomas Perkins, with such other persons as now 



466 EASTERN STAGE CO. March 12, 1830. 

are or may liereafter be associated with them, their 
successors and assigns, be, and they hereby are 
made a Corporation, by the name of the Eastern 
Stage Company, for the purpose of conveying pas- 
sengers between the City of Boston, and the towns 
of Portsmouth and Dover in the State of New 
Hampshire ; also irom Newburyport to Lowell in 
the County of Middlesex ; and may have a common 

Powers granted, scal, may suc and be sued, and may make and es- 
tablish such by-laws and regulations, and may ap- 
point such officers, directors, and agents, as they 
shall find necessary for the due management of 
their concerns : Provided, such by-laws and regu- 
lations shall not be repugnant to the Constitution 
and laws of this Commonwealth. And they shall 
have liberty to convey passengers to and from all 
places on the aforesaid routes, and shall have all 
the powers and privileges, and shall be subject to 
all the duties, restrictions and liabilities, prescribed 
and contained in " An Act defining the general 
powers and duties of Manufacturing Corporations," 
passed on the third day of March, in the year of 
our Lord one thousand eight hundred and nine, 
and the several acts in addition thereto, passed 
previous to the present session of the Legislature : 

Proviso. Provided, however, that said Company shall not ask 

or demand, for the conveyance of any passenger, 
with usual baggage, any greater sums than the fol- 
lowing, to wit: In the stage which carries the 
great eastern mail, between Boston and Torts- 
mouth, four dollars ; between Boston and Newbu- 
ryport, two dollars and fifty cents ; between Boston 
and Salem, one dollar and twenty five cents ; be- 
tween Salem and Ipswich, eighty eight cents ; be- 
tween Ipswich and Newburyport, eighty eight cents ; 
and between Newburyport and Hampton, seventy 
five cents ; and in all other stages between Boston 
and Portsmouth, and between Boston and Dover, 
three dollars ; between Boston and Newburyport, 
two dollars ; between Newburyport and Dover, one 
dollar and fifty cents ; between Boston and Lynn, 



EASTERN STAGE CO. March 12, 1830. 467 

fifty cents; between Lynn and Salem, fifty cents; 
between Salem and Topsfield, fifty cents ; between 
Topsfield and Newburyport, seventy five cents ; 
between Salem and Ipswich, seventy five cents; 
between Ipswich and Newburyport, seventy five 
cents; between Newburyport and Hampton, seven- 
ty five cents ; between Newburyport and Exeter 
seventy five cents ; and between Newburyport and 
Lowell, one dollar and fifty cents; under a penalty 
of twenty dollars, to be recovered by any person 
aggrieved thereby, in any court proper to try the 
same. 

Sec. 2. Be it further enacted, That said Corpo- 
ration may lawfully hold and possess such real es- May hold real 
tate, not exceeding the value of fifty thousand dol- esiLe?"""" 
lars, and personal estate, not exceeding the value 
of one hundred thousand dollars, as may be neces- 
sary for the purpose of carrying into eftect the 
objects of this act. 

Sec. 3. Be it further enacted, That the name of 
said Company shall be conspicuously affixed on all 'Jlj^il^^iobe^affix- 
stage coaches which may be used by them ; and if ed To carriages. 
said Company shall neglect to comply with this re- 
quirement, they shall be liable to forfeit and pay ten 
dollars, for each and every day during which any 
of their said carriages may be employed in the 
transportation of passengers without having their 
said name so affixed thereto ; which forfeiture may 
be sued for and recovered in any court of compe- 
tent jurisdiction, by the person who shall first sue 
for the same, to his own use ; and said Company 
shall be responsible for all baggage, or other pro- 
perty committed to them, their agents or drivers, 
to be conveyed on any of said routes, or any part 
thereof. 

Sec 4. Be it further enacted. That this act may 
be amended or repealed at the pleasure of the 
Legislature. 

[Approved by the Governor, March 12, 1830.] 



468 CHANGE OF NAMES. March 12, 1830. 



CHAP. CXIX. 

An Act to repeal the fifth section of an Act enti- 
tled " An Act to incorporate the Proprietors of 
Boston South Bridge." 

15 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the fifth section 
of an Act entitled " An Act to incorporate the Pro- 
prietors of Boston South Bridge," passed the sixth 
day of March, in the year of our Lord one thou- 
sand eight hundred and four, be, and the same is 
hereby repealed. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CXX. 

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

t>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority oj the same. That Gustavus A. G. 
Names changed. Robiuson may take the name of Gustavus A. Ro- 
binson ; that Lorenzo Dow Smith may take the 
name of Lorenzo Gray Smith ; that Erastus Learn- 
ed may take the name of William Wilkinson Learn- 
ed ; that Nabby Callender, wife of Wilham B. Cal- 
lender, may take the name of Frances Callender ; 
that Thomas Davis Park, a minor son of Thomas 
Park, may take the name of Thomas Hammond 
Park ; that Thomas Brown may take the name of 



CHANGE OF NAMES. March 12, 1830. 469 

Thomas William Brown ; that Mary Perrin Har- ^"""^^ ^''^"-^'^ 
rington, a minor, may take the name of Mary 
Harrington Perrin ; that George Stearns may take 
the name of George B. Stearns ; that John H. 
Whittemore may take the name of Wilham Whit- 
temore ; that Ruth Binney may take the name of 
Anna Walker Binney ; that Samuel Sumner Wil- 
ton Barrett may take the name of Sumner Foster 
Barrett ; that Thomas Davis may take the name 
of Thomas Kemper Davis ; that Edward Sherburne 
Manning English, a minor son of Thomas Stan- 
hope English, may take the name of Stanhope 
English ; that Sally Perkins Withington may take 
the name of Sarah Perkins Withington ; that Me- 
riam Mason Phillips, a daughter of the widow 
Theresa H. Phillips, may take the name of Theresa 
Henshaw Phillips ; that Eunice Smith Boardman 
may take the name of Ellen Smith Boardman ; 
that Levi B. Fitts may take the name of Levi B. 
Witt ; that Samuel Vose may take the name of 
Charles Lightburn Vose — all of the City of Boston 
in the County of Suffolk : — that Thomas Norwood 
Girdler, of Manchester, a minor son of John Gird- 
ler, may take the name of James Ingersoll ; that 
Ruth Choate, of Gloucester, may take the name of 
Helen Augusta Choate ; that JohnFelton, of Row- 
ley, may take the name of John Grayham Mil- 
grove ; that Samuel Cheney, of Bradford, may take 
the name of Samuel Wheeler Sawyer; that Wil- 
liam Winslow Mower, of Lynn, may take the name 
of Charles Winslow ; that William Kimball the third, 
of Bradford, may take the name of William N. 
Kimball ; that Lucy Brown, of Newbury, may take 
the name of Lucy Maria Brown ; that Moses 
Howe, of Rowley, may take the name of Moses 
Wood Howe ; that Nathaniel R. Dunphy, of Glou- 
cester, may take the name of Nathaniel R. Web- 
ster ; that Nancy Dunphy, wife of said Nathaniel 
may take the name of Nancy Webster ; that Eliza- 
beth C. Dunphy, a minor daughter of said Na- 
thaniel and Nancy, may take the name of Elizabeth 



470 CHANGE OF NAMES. March 12, 1830. 

Names changed. Q WebstcF ; that their SOD, WilUam Henry Dun- 
phy, may take the name of WilHam Henry Web- 
ster ; that Mary Ordvvay, of West Newbury, may 
take the name of Mary Melvina Ordway ; that 
Mary Pearson, of Rowley, may take the name of 
Mary Ethehnda Pearson ; that Noyes Pearson, of 
Rowley, may take the name of Charles Noyes Pear- 
son ; that Charles Stevens, of Rowley, may take 
the name of Charles Mentraville Stevens ; that 
Gorham Jewett, of Rowley, may take the name of 
Gorham Laforace Miranda Jewett; that James 
Bullock, of Salem, may take the name of James 
Ballard; that Eliza Cotton Bullock, wife of said 
James, may take the name of Eliza Cotton Bal- 
lard ; that Mary Eliza Bullock, a minor, daughter 
of said James, may take the name of Mary Eliza 
Ballard ; that James Charles Bullock, a minor son 
of said James Bullock, may take the name of 
James Charles Ballard ; that Henry Archer Bul- 
lock, a minor son of said James Bullock, may take 
the name of Henry Archer Ballard ; that Susan 
Archer Bullock, a minor daughter of said James 
Bullock, may take the name of Susan Archer Bal- 
lard ; that Angeline Lenier Bullock, a minor 
daughter of said James Bullock, may take the 
name of Angeline Lenier Ballard ; that Roswell 
Augustus Bullock, a minor son of said James 
Bullock, may take the name of Roswell Augustus 
Ballard ; that Anstiss Williams Crowninshield, of 
Salem, may take the name of Anna Casper Crown- 
inshield ; that Joshua Ward, junior, of Salem, may 
take the name of Joshua Holyoke Ward ; that 
William Stearns, a minor son of Joshua Bracket 
Stearns, of Salem, may take the name of William 
Bracket Stearns ; that David Holt Abbot, of An- 
dover, a minor son of Stephen Abbot, may take the 
name of Stephen David Abbot ; that Pesanti San- 
chez, of Salem, may take the name of George 
Leon ; that Nathan Berpee Jewett, of Newbury- 
port, may take the name of Charles Augustus War- 
ren ; that Joseph Batchelder, of Middleton, may 



CHANGE OF NAMES. March 12, 1830. 471 

take the name of Joseph Warren Batchelder; that Names changed. 
Sarah Howe, of Rowley, may take the name of 
Sarah Maria Howe — all of the County of Essex. 
That Samuel Devens, son of David Devens, of 
Charlestown, may take the name of Samuel Adams 
Devens ; that Richard Devens, a minor son of Da- 
vid Devens, of Charlestown, may take the name of 
Richard Goodwin Devens ; that Samuel Snow, of 
Reading, may take the name of Samuel Snow Ro- 
gers ; that Ruth Smith, of Woburn, lately the wife 
of Nathaniel Smith, may take the name of Ruth 
Cummings ; that Augustine Wellington, of Lexing- 
ton, may take the name of Augustus Wellington ; 
that Jonathan Dix, of Charlestown, may take the 
name of Kimball VV. Adams; that John Wood, of 
Cambridge, may take the name of John Mason 
Wood ; that Charles Thurston Parkhurst, of Fra- 
mingham, may take the name of Charles Ferdinand 
Wellington Parkhurst ; that Rebecca Richards Col- 
burn, of Framingham, may take the name of Re- 
becca Florentina Augusta Colburn ; that Susan 
Parkhurst, of Framingham, may take the name of 
Susan Florentina Augusta Parkhurst — all of the 
County of Middlesex: that Peyton Randolph Gay, 
of Dedham, in the County of Norfolk, may take 
the name of Edward Henry Gay ; that Francis 
White Howard, of Sutton, a minor, may take the 
name of Francis Howard Chamberlain ; that Lem- 
uel Davis Montague, of Holden, may take the 
name of Lemuel Davis ; that Timothy Boutelle, a 
minor son of the widow Sarah Boutelle, of Leo- 
minster, may take the name of Timothy Loring 
Boutelle ; that Benedict Arnold, of Fitchburg, may 
take the name of George Benedict Arnold ; that 
David Augustus Hall Grosvenor, of Harvard, may 
take the name of Augustus Hall Grosvenor — all 
of the County of Worcester : — that Elizabeth Nor- 
ton, of Hingham, may take the name of Elizabeth 
Cranch Norton ; that Beza Bisbee, of Plympton, 
may take the name of William Marshall Bisbee ; 
that Sarah Wade, of Scituate, may take the name 
61 



472 CHANGE OF NAMES. March 12, 1830. 

Names changed, ^f Sarah Totmaii — all of the County of Plymouth : 
— that Andrew Addison Everett, of Middlefield, 
may take the name of Addison Everett ; that Gul- 
ter Chapin Warner, of Granby, may take the name 
of Jeremiah C. Warner ; that Laisdell Abels, of 
Northampton, may take the name of Franklin Lais- 
dell Abels ; that Artenatus Sweetser, of Amherst, 
may take the name of Joseph Artenatus Sweetser; 
that Peter Strong Burnell, of Chesterfield, may take 
the name of Strong Burnell ; that William Gore, 
of Northampton, may take the name of William 
Dwight Gore ; that Frederick Smith, of Northamp- 
ton, may take the name of George Frederick 
Smith ; that Elizabeth Sumner Wright, of North- 
ampton, daughter of the widow Hannah Wright, 
may take the name of Elizabeth Mosely Wright ; 
that Anna Clapp, of Easthampton, may take the 
name of Sarah Ann Clapp ; that Moses Lafayette 
Clapp, of Easthampton, a minor son of Medad 
Clapp, may take the name of Lafayette Clapp ; 
that Charles Lyman Bisbee, of Goshen, may take 
the name of Charles Augustus Lyman ; that Asa- 
hel Abel, of Northampton, may take the name of 
Ashael Salmon Abels — all of the County of Hamp- 
shire : — that William Howland, of New Bedford, 
may take the name of William P. Howland ; that 
Ishbosheth Simmonds, of Taunton, may take the 
name of James Simmonds ; that Gilbert Richmond, 
of Swansey, may take the name of Gilbert Rich- 
mond Lawless ; that Elizabeth Hathaway Staples, 
daughter of William B. Staples, of Taunton, may 
take the name of Elizabeth Hathaway Williams — 
all of the County of Bristol : — that Thomas Bates 
of Charlemont, son of Stephen Bates, deceased, 
may take the name of Thomas Shaw Bates ; that 
Lurena Elliott, of Leyden, may take the name of 
Lurena Chapin — all of the County of Franklin : — 
that Squire Haskell Barrett, of Hinsdale, in the 
County of Berkshire, may take the name of Has- 
kell Barrett ; — and that the several persons herein 
named shall hereafter be known and called by the 



REMEDIES IN EQUITY. March 12, 1830. 473 

names they are hereby respectively allowed to 
assume, as their only legal and proper names. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CXXl. 

An Act giving further Remedies in Equity. 

-DE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That whenever, in due 
course of law, an attachment shall be made upon 
the real estate of any debtor, and subsequently 
thereto, such debtor shall undertake to cut and carry 
away the wood, or remove any fixtures from the 
estates so attached, the Justices of the Supreme 
Judicial Court may hear and determine, in equity, 
the complaint of the attaching creditor for the 
prosecution thereof, and one or more of said Jus- 
tices may, in term time, or vacation, issue writs of 
injunction, to stay such cutting and removal, and 
issue such process proper to enforce the same, as 
justice and equity may require, which injunctions 
may be dissolved, whenever the Justice or Justices 
granting the same, or a majority of the Justices of 
the Supreme Judicial Court, shall see fit. 

[Approved by the Governor, March 12, 1830.] 



474 MILLS. March 12, 1830. 



CHAP. CXXH. 

An Act ill addition to the several Acts, for the sup- 
port and regulation of Mills. 

Skc. \. UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That when any per- 
son shall hereafter raise a head of water, for the 
working of a Water Mill, whereby the lands of any 
other person shall be flowed, and the owner there- 
of shall cause a jury to be enipannelled agreeably 
to the provisions of the acts to which this is in 
Duties of Jury addition, it shall be the duty of such jury as shall 
flowbg of la^ids. be first empannelled, after the raising of such head 
of water, in addition to the duties pointed out in said 
acts, to estimate and fix, under oath, such a sum of 
money, in gross, as shall be a just and reasonable 
compensation for all the damages done, or to be 
done, to the owner of the land flowed, by raising and 
keeping up such head of water, and for the right 
of keeping up the same, at such a height and for 
such a part of the year, as the jury shall determine 
to be necessary, and certify the same, to be return- 
ed with their verdict by the officer empannelling 
such Jury; and such verdicts being returned, the 
judgment thereon shall be final, any law or usage 
to the contrary notwithstanding. 

Sec. 2. Be it further enacted. That the owners 
of lands so flowed, as aforesaid, may elect and shall 
be entitled to receive the estimated sum of money 
in gross aforesaid, instead of the yearly damages 
returned by the verdict of the jury, and may have 
Proviso. ^^ action of debt to recover the same : Provided, 

he shall give notice in writing of such election to 
the owner or owners or occupants of such Mill, 
within three months from the acceptance of such 
verdict by the Court ; and if the owner or owners of 



CATTLE FAIR HOTEL. March 12, 1830. 475 

such Mill shall refuse or neglect, for the space of 
three months, after the time of notice given as 
aforesaid, to pay or satisfactorily secure to the 
owner of said lands the estimated gross sum of mo- 
ney aforesaid, with the lawful interest thereon, from 
the finding of such verdict, he or they shall be 
forever precluded from all benefits of said verdict, 
as well as from all rights in regard to said lands, 
which he or they may or might have by virtue of 
the acts to which this is in addition : Provided^ 
however, that nothing in this act shall affect the 
yearly damage done to lauds flowed as aforesaid, 
previous to the finding of such verdict, nor the 
rights of the parties thereto. 

[Approved by the Governor, March 12, 1830.] 



I'ersons incor- 



CHAP. CXXIll. 

An Act to incorporate the Proprietors of the Cattle 
Fair Hotel, in the Town of Brighton. 

Sec. \. XjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Thaddeus Bald- porS. 
win, William P. Matchett, jr., Lucius Doolittle, 
Benjamin Sargent, and Stephen Stone, their asso- 
ciates, successors and assigns, be, and they hereby 
are constituted a body politic and corporate, by the 
name of the Cattle Fair Hotel ; and by that name 
may sue and be sued, defend and be defended, in 
any Court of Record, or other place whatsoever ; Foweisgranied. 
may have a common seal, and the same at plea- 
sure may break, alter, or renew ; and may make 
and ordain such by-laws, rules and regulations, as 
to them may appear necessary and convenient for 



476 



CATTLE FAIR HOTEL. 



March 12, 1830. 



May hold real 
and personal 
estate. 



Proviso. 



First meeliiii 



the government of said Corporation, and the pru- 
dent management of their affairs : Provided, that 
such by-laws, rules and regulations, be not repug- 
nant to the laws of this Commonwealth. 

Sec. 2. Be it further eriacted, That the said Cor- 
poration may be lawfully seized and possessed of 
such real and personal estate as may be necessary 
and convenient for the purposes of purchasing lands, 
building, rebuilding, and maintaining a large and 
convenient Hotel, and other necessary outbuildings, 
for the erection of pens, and fences for enclosures 
or pastures, and for the improvement and manage- 
ment of the same : Provided, the said capital shall 
not exceed in value the sum of fifty thousand dol- 
lars : And provided further, that the said Corpora- 
tion shall erect, on some eligible site near the 
meeting-house in the town of Brighton, a spacious 
and convenient Hotel, which shall always be kept 
as a Public House, and for no other purpose ; and 
shall also erect, and constantly maintain, in good 
repair, such other out buildings and pens as shall 
be expedient or requisite for public use and ac- 
commodation, for the purposes of the object of 
this incorporation. And this act may be altered, 
amended, or repealed, at the pleasure of the Le- 
gislature. 

Sec. 3. Be it further enacted. That either two of 
the persons before named may call the first meet- 
ing of this Corporation, by advertising the same in 
any one of the newspapers printed in Boston, ten 
days at least before the time of the proposed meet- 
ing, at which time they may elect necessary officers, 
and do such things as may be expedient for their 
organization. 

Sec. 4. Be it further enacted, That if the said 
Corporation shall fail to erect, and fully complete, 
a spacious and convenient Hotel, a shed, or sheds, 
not less than two hundred feet by eighteen feet on 
the ground, and suitable for the shelter of horses 
and carriages, and conveniently located for the use 
of the public, to whom it shall be free of all charge 



MORTGAGES, &c. March 12, 1830. 477 

for the use thereof, and good and convenient barns, 
with suitable and sufficient stalls to secure and 
feed not less than one hundred head of neat cattle, 
within two years from the passing of this act, then 
this act shall be void and of no effect. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CXXIV. 

A Bill relating to Mortgages and Pledges of per- 
sonal property, and property subject to any lien 
created by law. 

Sec. 1. XjE it enacted by the Senate and House, 
of Representatives, in General Court assembled, and 
by the authority of the same, That, whenever any jyj^^, ^ ^^^^ 
personal property, not exempt by law from at- personal proper- 
tachment, shall hereafter be mortgaged, pledged, '^' 
or subject to any lien created by law, the mortga- 
gee, pledgee, or holder, may be summoned into 
Court in the manner and by the process, provided 
by a law of this Commonwealth, passed on the 
twenty eighth day of February, one thousand seven 
hundred and ninety five, entitled " An Act to ena- 
ble creditors to recover their just demands out of 
the goods, effects and credits of their debtors, when 
the same cannot be attached by the ordinary pro- 
cess of law," as the trustee of the mortgagor, 
pledgor, or general owner ; or the property so mort- 
gaged, pledged, or subject to any lien as aforesaid, 
may be attached by the creditor of the mortgagor, 
pledgor, or general owner, in the manner and on 
the conditions hereinafter provided. And if the 
mortgagee, pledgee, or holder, shall be summoned 
as aforesaid, and if, upon his disclosure, it shall 



478 MORTGAGES, &c. March 12, 1890. 

appear that the property was mortgased, pledged, 

Mortgages of ^^ . • ^ x r / • 1 * * 1 

personal proper- or suDject to hcR as atoresaid, to secure the pay- 
ly, &c. ment of a debt to the mortgagee, pledgee, or 

holder, and that the mortgagor, pledgor, or gene- 
ral owner, has any subsisting right, in law or equity, 
to redeem the same by the payment of such debt, 
the Court may order and decree, that on payment 
or tender of such debt by the plaintiff, within such 
time as the Court shall order, the person so sum- 
moned shall deliver over the property to the at- 
taching officer, to be holden by him in the same 
manner as if it had been attached on mesne pro- 
cess, and in default thereof, that he shall be char- 
ged as the trustee of the principal debtor; and 
the Court shall enter 'such decree and order upon 
record. And the plaintiff may have his writ of 
scire facias against such trustee, in the man- 
ner provided in the sixth section of the act afore- 
said ; and if, upon the return thereof duly served, 
it be made to appear that he has on his part com- 
plied with the order and decree of the Court made 
as aforesaid, and that the trustee has neglected or 
refused to comply therewith, then the Court shall 
enter up judgment against him, for the amount of 
the sums returned unsatisfied upon the execution 
against the principal debtor, if there appear to have 
been in his hands property mortgaged, pledged, or 
subject to any lien as aforesaid, to that amount ; 
but if not, then the Court shall enter up judgment 
against him, to the amount of the property mort- 
gaged, pledged, or subject to lien as aforesaid, 
and may ascertain the amount and value thereof 
in such manner as it shall deem proper ; and if, 
upon the disclosure of the trustee made as afore- 
said, it appear that the property was mortgaged, 
pledged, or subject to lien as aforesaid, to indem- 
nify the mortgagee, pledgee, or holder, against any 
liability, or to secure the performance of any contract 
or condition, and that the mortgagor, pledgor or 
general owner, has any subsisting right in law or 
equity to redeem the same, the Court may order 



MORTGAGES, &c. March 12, 1830. 479 

and decree that [on] the extinguishment and dis- Monga-esof 
charge by the plaintiff of such Habihty, or on the per- Jeriv"£r°' 
formance of said condition or contract by the plain- 
tiff within such time as the Court shall order, the 
person so summoned shall deliver-over the property x 
to the attaching officer, to be holden as if it had 
been attached ; and in default thereof shall be 
charged as the trustee of the principal debtor as 
aforesaid ; and such decree or order shall be entered 
on record, and the same subsequent proceedings be 
had thereon, as are above provided for the case of 
mortgages, pledges, or liens created by law to se- 
cure payment of debts ; Provided, cdways, that the 
mortgagee, pledgee, or holder, summoned as afore- 
said, shall be entitled to receive of the attaching 
officer an amount sufficient to pay his reasonable 
counsel fees, and other necessary expenses occa- 
sioned by his being so summoned, and accruing 
before the service of scire facias upon him, said 
amount, and the necessity of employing counsel, to 
be determined by the Court before whom he may 
be summoned. 

Sec. 2. Be it further enacted, That it shall be 
lawful, in lieu of summoning the mortgagee, pledgee, 
or holder as aforesaid, to attach or take in execu- 
tion any personal property mortgaged, pledged, or 
subject to any lien as aforesaid, not exempt by law 
from attachment, unless the title of the mortgagee, 
pledgee, or holder, thereto, shall have become ab- 
solute, as the property of the mortgagor, pledgor, 
or general owner : Provided, that the person for 
whose benefit the same attachment is made, or 
execution levied, shall first pay or tender to the 
mortgagee, pledgee or holder, the full amount of 
the demand for which the said property is mort- 
gaged, pledged, or subject to any lien as aforesaid. 
And it shall be the duty of the officer who shall 
sell any such personal property, or any personal 
property delivered to him under the provisions of 
the first section of this act, on mesne process or 
execution, to apply the proceeds of such sale, after 
62 » 



480 MORTGAGES, &c. March i2, 1830. 

Morigaeesof dcducting liis fecs and charges of the sale, to the 
''err^ir" payment of the sum so paid or tendered to the 
mortgagee, pledgee or holder, and of the interest 
thereon from the time of such payment or tender 
to the time of sale ; and the residue of such pro- 
ceeds shall be applied to the satisfaction of the 
judgment of the plaintiff in the manner provided 
by law. 

Sec. 3. Be it further enacted, That every mort- 
gagee, pledgee, or holder of personal property shall, 
upon demand in writing being made upon him by 
any person who is desirous of attaching or taking 
in execution such property for a debt or demand 
against the mortgagor, pledgor or general owner, 
render a true and just account of the debt or de- 
mand secured by such mortgage, pledge or lien ; 
and any mortgagee, pledgee or holder, who shall, 
after twenty four hours after such demand made, 
unreasonably neglect to render such account, and 
shall receive from the person attaching the pro- 
perty, or taking it in execution, more than is justly 
due him on account of the demand secured by the 
mortgage, pledge or lien, shall be liable to refund 
such excess, with interest thereon, at the rate of 
twelve per centum per annum, to the time of the 
recovery of judgment therefor, to be recovered by 
an action for money had and received. And any 
mortgagee, pledgee, or holder, who shall, under this 
act, receive from any person desirous of attaching 
the property mortgaged, pledged, or subject to any 
lien as aforesaid, or of taking it in execution, more 
than is justly due him on account of the demand 
secured by the mortgage, pledge or lien, shall be 
liable to refund such excess, in an action for money 
had and received. 

[Approved by the Governor, March 12, 1830.] 



COMMISSIONERS. March 12, 1830. 481 



CHAP. CXXV. 

An Act to authorize the appointment of Commis- 
sioners without the Commonwealth, to administer 
oaths, and take acknowledgment of deeds. 

Sec. 1. Ue it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Governor of ^"^'®^?°^^j^5Jj^ 
this Commonwealth be, and he is hereby authorized ized to appoint 

1 • I , 1 1 • 1 . /. Commissioners. 

to nominate, and with the advice and consent ot 
the Council, to appoint and commission one or 
more Commissioners, in each or such of the other 
States of the United States, or in the District of 
Columbia, as he may deem expedient, which Com- 
missioners shall continue in office during the plea- 
sure of the Governor, and shall have full power and 
authority to administer an oath or affirmation to 
any person who shall be willing and desirous to make 
such oath or affiriiiation before him, and also to any 
deponent ; and further to take the acknowledgment 
and proof of any deed, contract, letter of attorney, 
or any other writing to be used or recorded in this 
Commonwealth ; and such affidavit, deposition or 
affimation, and also such acknowledgment, taken, 
made, or administered before such Commissioner, 
shall be as good and effectual, to all intents and 
purposes, as if taken, made or administered, by or 
before any Jpstice of the Peace in this Common- 
wealth. 

Sec. 2. Be it further enacted. That every Com- ^ 
missioner, appointed as aforesaid, before he shall to take oath, &c. 
proceed to perform any duty under, and by virtue 
of this law, shall take and subscribe an oath or 
affirmation before a Justice of the Peace, in the 
city or county in which such Commissioner shall 
reside, well and faithfully to execute and perform 
all the duties of such Commissioner, under and by 



482 



DANVERS FIRE DEP. 



March 12, 1830. 



virtue of the laws of this Commonwealth, which 
oath or affirmation shall be filed in the office of 
the Secretary of this Commonwealth, within six 
months from and after the taking of such oath. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CXXVI. 

An Act to establish a Fire Department in the Town 
of Danvers. 



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 inhabitants of 

y ^ V.-, . r the town of Danvers, at their annual meeting for 

Inhabitants of ' i ii i i n 

Danversmayap- thc choicc of town oiHcers, shall choosc, by ballot, 

point Firewards. , -p-.. j • ■ i . 

twelve persons as tirewards m said town. 

Sec. 2. Be it further enacted, That the Firewards 
Powers of Fire- SO choscu be, and they are hereby authorized and 
'^^'^'^^' required to exercise all the powers, and to perform 

all the duties, in relation to the nomination and ap- 
pointment of Enginemen, which the Selectmen of 
said town have been heretofore authorized and 
required to exercise and perform ; and Enginemen 
appointed by said Firewards shall be subject to the 
same duties, and entitled to the same privileges 
and exemptions, as Enginemen are b.y law entitled 
to when appointed by the Selectmen. 

Sec. 3. Be it further enacted, That the said Fire- 
Firewards may wards bc, and they are hereby authorized, if they 
appoint Engine- shall judgc it expedient, to nominate and appoint 
any number of Enginemen, in addition to the num- 
ber now authorized by law, not exceeding in the 
whole forty men for each and every hydraulion or 
suction engine, twenty live men for each and every 
common engine, four men to each hose carriage, 



DAN VERS FIRE DEP. mrch 12, 1830. 483 

twenty men to each sail carriage, and twenty men 
to be employed as a hook and ladder company ; 
and the said Enginemen are authorized to organize 
themselves into distinct companies, under the di- 
rection of the Fire wards; to elect directors, clerks, 
and other officers ; to establish such rules and reg- 
ulations, as may be approved by the Firewards, 
and to annex penalties to the same, which may be 
recovered by the clerk of any company so organ- 
ized, before any Justice of the Peace in the County 
of Essex : Provided, that no penalty shall exceed 
the sum of ten dollars, and that such rules, and 
regulations shall not be repugnant to the Constitu- 
tion and laws of this Commonwealth. 

Sec. 4. Be it further enacted, That the said Fire- 
wards shall have the care and superintendence of wardi. 
the public pumps and cisterns, and also of the pub- 
lic engines, hose and sail carriages, fire hooks and 
ladders, together with the buildings, fixtures and 
appendages thereto belonging, and shall cause the 
same to be kept in good repair, and may from time 
to tim^e make such alterations and improvements 
therein, as they shall deem expedient : Provided, 
that the sums expended for such repairs, alterations 
and improvements, shall not exceed in any one year 
the sum of one hundred dollars, unless the said town 
of Danvers shall have previously assented to a 
larger appropriation. 

Sec. 5. Be it further enacted. That if any person 
shall, within the said town of Danvers, wantonly 
and maliciously spoil, break, injure, damage, or 
render useless, any public pump, or cistern, or any 
engine, hose carriage, sail carriage, or any fixture, 
or appendage thereto belonging, and shall be pg„„„, . 
convicted thereof before the Supreme Judicial 
Court, he shall be punished by a fine not exceed- 
ing five hundred dollars, or by imprisonment not 
exceeding two years, at the discretion of the Court, 
and be further ordered to recognize with sufficient 
surety or sureties, for his good behaviour, for such 
term as the Court shall order. 



484 SALEM SCHOOL COM. March 13, 1830. 

Sec. 6. Be it further enacted, That this act shall 
be in force when accepted by the town, at a meet- 
Act to be in ijjg of the inhabitants duly notified for this purpose ; 

force when ac- o . , . , . •' . ^ '^ . 

cepied by town, aud the Said inhabitants may, at such meeting, 
choose Fire wards, agreeably to the provisions of 
this act. 

Sec. 7. Be it further enacted, That this act may, 
at any time hereafter, be amended or repealed, at 
the pleasure of the Legislature. 

[Approved by the Governor, March 12, 1830.] 



CHAP. CXXVII. 

An Act relating to the election of the School Com- 
mittee in the town of Salem. 

-DE it enacted by the Senate and House 
of Rejjresentatives, in General Court assembled, and 
by the authority of the same. That, from and after 
the passing of this act, the town of Salem may 
elect such a number of persons to perform the du- 
ties of School Committee, as the town, at its annual 
meeting for the choice of town officers, shall deter- 
mine. 

[Approved by the Governor, March 13, 1830.] 



COSTS. March 13, 1830. 485 



CHAP. CXXVIII. 

An Act making further provisions respecting Costs 
in certain cases. 

Sec. 1. LjU it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That in all cases where cosis, &c. 
application shall be made for a writ of certiorari, 
the Justices of the Supreme Judicial Court shall 
have power, in their discretion, to allow to any 
party respondent, who shall make answer, or appear 
for the purpose of making answer thereto, his rea- 
sonable costs, and to enter judgment and award 
execution for the same, against the person or party 
by whom such application shall have been made. 

Sec. 2. Be it further enacted. That any person, 
summoned as trustee, may retain out of the effects 
of the principal debtor, adjudged to be in his 
hands, an amount sufficient to pay his reasonable 
counsel fees, and other necessary expenses, occa- 
sioned by his being so summoned and adjudged 
trustee as aforesaid, the amount so to be retained, 
and the necessity of employing counsel, to be de- 
termined by the Court before whom he may be 
adjudged trustee as aforesaid. 

Sec. 3. Be it further enacted, That when judg- 
ment shall have been rendered for costs, in favor 
of the defendant, upon non suit of the plaintiflf, and 
the same party, his executor, administrator, or as- 
signee, shall commence another action for the same 
cause, before the costs of the former suit shall have 
been paid, the Court, or Justice of the Peace, 
before whom such second action is pending, shall 
have power to order further proceedings therein 
to be stayed until the costs of such former suit shall 
be paid ; and, in default of payment, may order 



486 COSTS. March 13, 1830. 

Proviso. such action to be dismissed : Provided, however, 

that no appUcation to the Court to stay proceed- 
ings shall be received, until an execution shall have 
been issued for such costs, and payment thereof 
demanded of the party, or of the attorney prose- 
cuting such second suit. 

[Approved by the Governor, March 13, 1830.] 



LAWS 



OF THE 



COMMOIVWEALTH OF MASSACHUSETTS, 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE TWENTT- 

SIXTH OF MAY, AND ENDED ON MONDAY, THE SEVENTH OF JUNE, ONE 

THOUSAND EIGHT HUNDRED AND THIRTY. 



CHAP. I. 



An Act in further addition to an Act, entitled " An 
Act for incorporating certain persons for the 
purpose of building a Bridge over Neponsit 
River, between Dorchester and Quincy, and for 
supporting the same." 

J3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
hij the authority of the same, That the Proprietors 
of Neponsit Bridge, be, and hereby are au- proprieiors au. 
thorized to build one additional pier on each side adSllaTp'ier.'^ 
of said Bridge, for the preservation of the same, 
and for the accommodation of vessels passing the 



492 OYSTERS, &c. Jwwe 5, 1830. 

draw of said Bridge, not exceeding one hundred 
feet in length or breadth, any thing in said act to 
which this is in addition to the contrary notwith- 
standing 

[Approved by the Governor, June 5, 1830.] 



CHAP. II. 

An Act in addition to " An Act to prevent the de- 
struction of oysters and other shell fish in this 
Commonwealth." 

JBE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That all the provis- 
ions, restrictions and penalties of, and proceedings 
directed in an act passed in the year of our Lord 
To prevent de- ouc thousaud scvcu hundred and ninety-six, en- 
Sr&c. °^ °'^'" titled " An Act to prevent the destruction of oys- 
ters, and other shell fish, in this Commonwealth," 
be, and the same are hereby extended to the town 
of Plymouth in the County of Plymouth. 

[Approved by the Governor, June 5, 1830.] 



UNION M. INS. CO. June 5, 1830. I 493 



CHAP. III. 

An Act to authorize the Union Marine Insurance 
Company to reduce its Capital Stock. 

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 Union Marine 
Insurance Company be, and they hereby are, au- 
thorized to reduce the capital stock of said cor- 
poration to one hundred thousand dollars, and to reduced. 
divide the excess among the stockholders propor- 
tionally ; and such reduced capital stock shall be 
divided into two thousand five hundred shares, each 
share to consist of forty dollars ; and a sum not 
exceeding ten thousand dollars may be vested in 
real estate : — Provided, that nothing herein con- 
tained shall affect or diminish the number of shares 
which any stockholder now holds, or is entitled to, 
in the capital stock of said company, but the 
same shall remain as though this act had not been 
passed. 

Sec. 2. Be it further enacted. That no contracts 
whatever heretofore made by said corporation noThnpau-edr*^** 
shall be in any manner affected or impaired by said 
reduction and division. 

Sec. 3. Be it further enacted, That this act shall 
not take effect until, by reassurance or compro- 
mise with the assured, said corporation shall have 
protected, or relieved itself from so much of any 
outstanding risk, as exceeds the sum of ten per 
centum of its reduced capital. 

[Approved by the Governor, June 6, 1830.] 



494 



BOS. & LOW. R. ROAD CORP. June 5, 1830. 



CHAP. IV. 



Pprsnns incorpo 
rated. 



Seal. 



Poweis, &,c. 



Pre 



An Act to establish the Boston and Lowell Rail 
Road Corporation. 

Sec. \. _oE it enacted by the Senate and House 
of Representatives, in General Court assembled, and by 
the authority of the same, That John F. Loring, Lem- 
uel Pope, Isaac P. Davis, Kirk Boott, Patrick T. 
Jackson, George W. Lyman, and Daniel P. Parker, 
their associates, successors and assigns be, and they 
hereby are made a body politic and corporate, un- 
der the name of the " Boston and Lowell Rail Road 
Corporation," and by that name shall be, and here- 
by are made capable in law, to sue, and to be sued 
to final judgment and execution, plead and be im- 
pleaded, defend and be defended, in any Courts of 
Record, or in any other place whatever ; to make, 
have and use a common seal, and the same to break, 
renew or alter at pleasure ; and shall be and are 
hereby vested with all the powers, privileges and 
immunities, which are or may be necessary to carry 
into effect the purposes and objects of this act, as 
herein after set forth. And the said Corporation are 
hereby authorized and empowered to locate, con- 
struct and finally complete a Rail Road, ator near the 
City of Boston, and thence to Lowell, in the County 
of Middlesex, in such manner and form as they shall 
deem to be most expedient : And for this purpose 
the said Corporation are authorized to lay out their 
road, at least four rods wide, through the whole 
length; and for the purpose of cuttings, embank- 
ments, and stone and gravel, maytake as much more 
land as may be necessary for the proper construction 
and security of said road. Provided however, That 
all damages that may be occasioned to any person 
or corporation, by the taking of such land or mate- 
rials for the purpose aforesaid, shall be paid for by 
said corporation in the manner hereinafter provided. 
Sec. 2. Be it further enacted, That the Capital 



BOS. & LOW. R. ROAD CORP. June 5, 1830. 495 

Stock ofsaid Corporation shall consist of One Thou- 
sand Shares ; and the immediate government and 
direction of the affairs of the said Corporation shall ^*p''*' ^'*'''' 
be vested in five Directors, who shall be chosen by 
the members of the Corporation, in the manner 
hereafter provided, and shall hold their offices until 
others shall be duly elected and qualified to take 
their place as Directors ; and the said Directors, a 
majority of whom shall form a quorum for the trans- 
action of business, shall elect one of their own num- 
ber to be President of the board, who shall also be 
President of the Corporation ; and shall have au- 
thority to choose a Clerk, who shall be sworn to 
the faithful discharge of his duty, and a Treasurer, 
who shall give bonds to the Corporation, with sure- 
ties to the satisfaction of the Directors, in a sum not 
less than twenty thousand dollars, for the faithful 
discharge of his trust. 

Sec. 3. Be it further enacted, That the President 
and Directors for the time being are hereby author- 
ized and empowered, by themselves, or their agents, Po.vers of Pres- 
to exercise all the powers herein "ranted to the Cor- '^'•"ta'"' ^i- 

r \ r 1 • • rectors. 

poration, tor the purposes ot locatmg, constructing 
and completing said Rail Road : and all such other 
powers and authority for the management of the 
affairs of the Corporation, not heretofore granted, 
as may be necessary and proper to carry into effect 
the objects of this grant ; to purchase and hold land, 
materials, and other necessary things in the name of 
the Corporation, for the use of said road ; to make 
such equal assessments, from time to time, on all the 
shares in said Corporation, as they may deem expe- 
dient and necessary in the execution and progress of 
the work, and direct the same to be paid to the Trea- 
surer of the Corporation. And the Treasurer shall 
give notice of all such assessments. And in case any 
subscriber shall neglect to pay his assessment, for the 
space of thirty days after due notice by the Treas- 
urer of said Corporation, the Directors may order 
the Treasurer to sell such share or shares at public 
auction, after giving due notice thereof, to the high- 



496 BOS. & LOW. R. ROAD CORF. June 5, 1830- 

est bidder, and the same shall be transferred to the 
purchaser. And such dehnquent subscriber shall be 
KTcounta- held accountable to the Corporation for the balance, 
bie. if bis share or shares shall sell for less than the as- 

sessments due thereon, with the interest and costs 
of sale, and shall be entitled to the overplus, if his 
share or shares shall sell for more than the as- 
sessments due, with interest, and the costs of 
Proviso. sale : Provided however, that no assessments shall 

be laid upon any shares in said Corporation, of a 
greater amount in the whole, than five hundred 
dollars on each share. 

Sec. 4. Be it further enacted, That the said 
Corporation shall have power to make, ordain and 
establish all such by-laws, rules, regulations and 
laws, &c.^ ^ ordinances, as they shall deem ^ expedient and ne- 
cessary to accomplish the designs and purposes, 
and to carry into effect the provisions of this act, 
and for the well ordering, regulating, and securing 
the interests and affairs of the Corporation : Pro- 
vided, the same be not repugnant to the constitu- 
tion and laws of the Commonwealth. 

Sec. 5. Be it further enacted, That a toll be, and 
hereby is granted and established, for the sole ben- 
efit of said Corporation, upon all passengers and 
May take Toll. pj-Qperty of all descriptions v»/hich may be convey- 
ed or transported upon said road, at such rates 
per mile, as may be agreed upon and established 
from time to time by the Directors of said Cor- 
poration. The transportation of persons and pro- 
perty, the construction of wheels, the form of cars 
and carriages, the weight of loads, and all other 
matters and things in relation to the use of said 
road, shall be in conformity to such rules, regula- 
tions and provisions as the Directors shall from 
time to time prescribe and direct, and said road 
may be used by any persons who shall comply with 
Proviso. such rules and regulations : Provided however, that, 

if at the expiration of four years from and after the 
completion of said road, the net income or re- 
ceipts from tolls, and other profits, taking the four 



BOS. k LOW. R. ROAD CORP. June :-, 1830. ^97 

years aforesaid as the basis of calculation, shall 
have amounted to more than ten per cent, per an- 
num upon the cost of the road, the Legislature 
may take measures to alicr and reduce the rate 
of tolls and other profits, in such manner as to 
take off the overplus for the next four years, cal- 
culating the amount of Transportation upon the 
road to be the same as the four preceding years ; 
and at the expiration of every four years there- 
after the same proceedings may be had. 

Sec. 6. Be it further enacted, That the direc- 
tors of said Corporation tor the time beinff are „ 

1 1 .1 • 1 . n I 111 ^^^y «•■««' Toll 

hereby authorized to erect toll houses, establish Houses 
gates, appoint toll gatherers, and demand toll, upon 
the road, when completed, and upon such parts 
thereof as shall from time to time be completed, 
and they shall, from year to year, make a report to 
the Legislature of their acts and doings, receipts 
and expenditures, under the provisions of this act. 

Sec. 7. Be it further enacted, That the said 
Corporation shall be hoiden to pay all damages 
that may arise to any person or persons, corpora- 
tion or corporations, by taking their land for said simifpa^'dama- 
Rail Road when it cannot be obtained by volunta- ^^*' 
ry agreement, to be estimated and recovered in 
the manner provided by law, for the recovery of 
damages happening by the laying out of highways. 

Sec 8. Be it further enacted, That when the 
lands or other property or estate of any fcmme 
covert, infant or person non compos mentis, shall Lands of infants, 
be necessary for the construction of said Rail Road, <Sic. how taken. 
the husband of such femme covert, and the guar- 
dian of such infant or person non compos mentis, 
may release all damages for any lands or estates, 
taken and appropriated as aforesaid, as they might 
do, if the same were hoiden by them, in their own 
right respectively. 

Sec. 9. Be it further enacted. That if any per- 
son shall wilfully, maliciously, or wantonly, and 
contrary to law, obstruct the passage of any car- 
riage on said Rail Road, or in any way spoil, in- 



Penalty. 



498 BOS. &: LOW. R. ROAD CORP. June 6, 1830. 

jure or destroy said Rail Road, or any part there- 
of, or any thing belonging thereto, or any mate- 
rial or implements to be employed in the con- 
struction or for the use of said Road ; he, she or 
they, or any person or persons, assisting, aiding or 
abetting in such trespass, shall forfeit and pay to 
said Corporation, for every such offence, treble 
such damages as shall be proved before the justice, 
court or jury, before whom the trial shall be had ; 
to be sued for and recovered before any justice or 
in any court proper to try the same, by the treas- 
urer of the Corporation or other officer, whom 
they may direct, to the use of said Corporation. 
And such offender or offenders, shall be liable to 
indictment by the grand inquest, for the county 
within which such trespass shall have been com- 
mitted, for any offence or offences, contrary to the 
above provisions, and on conviction thereof before 
any Court of Common Pleas, to be holden in said 
county, shall pay a fine not exceeding one hun- 
dred dollars and not less than thirty dollars, to 
the use of the Commonwealth, or may be im- 
prisoned for a term not exceeding one year, at the 
discretion of the court before whom the convic- 
tion may be had. 

Sec. 10. Be it further enacted., That the an- 
nual meeting of the members of said Corporation 
Annual meeting, shall bc holdeii ou tlic first Wcducsday of Jan- 
uary, at such time and place as the directors for 
the time being shall appoint, at which meeting 
five directors shall be chosen by ballot, each pro- 
prietor being entitled to as many votes as he holds 
shares ; Provided, they do not amount to more than 
one fourth part of the whole number. And the 
three persons first named in this act, or any two 
of them, arc hereby authorized to call the first 
meeting of said Corporation, by giving notice in 
the Daily Advertiser, published in Boston, and 
the Lowell Journal, published in Lowell, of the 
time, place, and purpose of such meeting, at least 
ten days before the time mentioned in such notice. 



Provi<«> 



BOS. & LOW. R. ROAD CORP. June 5, 1830. 499 

Sec. 11. Be it further enacted, That if the said 
Rail Road, in the course thereof", shall cross any 
private way, the said Corporation shall so construct 
said Rail Road as not to obstruct the safe and con- 
venient use of such private way ; and if said Rail 
Road shall not be so constructed, the party aggriev- corpomidll^ 
ed shall be entitled to his action on the case in 
any court proper to try the same, and shall recov- 
er his reasonable damages for such injury, and if 
the said Rad Road shall, in the course thereof, 
cross any canal, turnpike, or other highway, the 
said Rail Road shall be so constructed as not to 
impede or obstruct the safe and convenient use of 
such canal, turnpike, or other highway. And the 
said Corporation shall have the power to raise or 
lower such turnpike, highway, or private way, so 
that the said Rail Road, if necessary, may conve- 
niently pass under or over the same. And if 
said Corporation shall raise or lower any such 
turnpike, highway, or private way, pursuant there- 
to, and shall not so raise or lower the same, as to 
be satisfactory to the proprietors of such turnpike, 
or to the selectmen of the town in which said 
highway or private way may be situate, as the case 
may be, said proprietors or selectmen may require 
in writing of said Corporation such alteration or 
amendment as they may think necessary. And if 
the required amendment or alteration be reasona- 
ble and proper, and the said Corporation shall un- 
necessarily and unreasonably neglect to make the 
same, such proprietors or selectmen, as the case 
may be, may proceed to make such alteration or 
amendment, and may institute and prosecute to 
final judgment and execution, in any court proper 
to try the same, any action of the case against 
said Corporation, and shall therein recover a reason- 
able indemnity in damage for all charges, dis- 
bursements, labor, and services, occasioned by ma- 
king such alteration or amendments, with costs of 
suit. 

Sec. 12. Be it further enacted^ That no other 



500 BOS. & LOW. R. ROAD CORP. June 5, 1830. 



Prov 



Rail Road than the one hereby granted, shall with- 
in thirty years from and after the passing of this 
act, be authorized to be made, leading from 
Boston, Charlestown, or Cambridge, to Lowell, or 
from Boston, Charlestown, or Cambridge, to any 
place within five miles of the northern termina- 
tion of the Rail Road hereby authorized to be 
made. Provided, that the state may authorize any 
company to enter with another Rail Road at any 
point of said Boston and Lowell Rail Road, paying 
for the right to use the same or any part thereof, 
such a rate of toll as the Legislature may from 
time to time prescribe, and complying with such 
rules and regulations as may be established by said 
Boston and Lowell Rail Road Corporation by vir- 
tue of the fifth section of this act. Provided also, 
that it shall be in the power of the Government 
at any time during the continuance of the charter 
hereby granted, after the expiration of ten years 
from the opening for \\?q of the Rail Road herein 
Government proviclcd to bc made, to purchase of the said Cor- 
Raii UoadJ'&c. poratiou, the said Rail Road, and all the franchise, 
property, rights and privileges of the said Corpo- 
ration, on piiying therefor the amount expended in 
making the said Rail Road, and the expenses of 
repairs, and all other expenses relating thereto, 
with interest thereon, at the rate of ten per cent, 
per annum, deducting all sums received by the 
Corporation from tolls or any other source of 
profit, and interest, at the rate of ten per centum 
per annum thereon, that shall hare been received - 
by the stockholders ; and after such purchase, the 
limitation provided in this section shall cease and 
be of no eft'ect. 

Sec. 13. Be it further enacted, That if the 
amount of stock for said Rail Road shall not have 
been subscribed, the company organized, and the 
location of the route filed with the County Commis- 
sioners of the County of Middlesex, previous to the 
first day of January, in the year of our Lord one 
thousand eight hundred and thirty-two, or if the 



Pro 



VVOODBRIDGE SCHOOL. June 5, mSO, 601 

said stock shall have been subscribed, the com- 
pany organized, and the location 7nade as afore- 
said, but the said Corj)oration shall fail to complete 
the said Rail Road on or before the first day of 
January, one thousand eight hundred and thirty- 
five, in either of the before mentioned cases, this 
act shall be null and void. 

[Approved by the Governor, June 5, 1830.] 



CHAP. V. 

An Act to incorporate the Woodbridge School. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the author ity of the same, That Joseph Strong, Persons incorpo- 
Maltby Strong and Edward Hooker, with their as- '^'*''^" 
sociates, successors and assigns be, and they here- 
by are made a body politic and corporate, by the 
name of the Woodbridge School, in the town of 
South Hadley, in the county of Hampshire, for the 
purposes of education and instruction in the sci- 
ences and arts ; and the said corporation shall have 
power from time to time to choose a clerk, treasu- ^^^^'^^>^'^- 
rer, and such other officers as they may judge ne- 
cessary, may have a common seal which they may 
alter or renew at their pleasure, may make con- 
tracts, may sue and be sued in all actions, and 
prosecute and defend the same to final judgment 
and execution, and may make and establish any 
by-laws, rules and regulations for the general gov- 
ernment of their affairs, and for the division of 
their property into shares, and for the sale and 
transfer thereof. Provided, the same are not re- 
pugnant to the constitution and laws of this Com- 
monwealth. 



502 



WOODBRIDGE SCHOOL. 



June 6, 1830. 



May hold real 
and personal 
estate. 



Asscssmenti. 



Sec. 2. Be it further enacted, That said corpo- 
ration may lawfully hold and possess such real es- 
tate not exceeding in value twenty thousand dol- 
lars, and such personal estate not exceeding in 
value thirty thousand dollars, as may be necessary 
and convenient for the purpose aforesaid, the in- 
come or proceeds of which shall be appropriated 
exclusively to the purposes of education. 

Sec. 3. Be it further enacted, That said corpo- 
ration may from time to time, at any legal meeting 
called for the purpose, assess upon each share in 
the capital stock, such sum or sums of money as 
they may judge expedient for the objects of the 
incorporation, and for defraying the expense there- 
of, to be paid to the treasurer at such times as they 
may direct, and if any proprietor shall neglect to 
Forfeiture of de- pay auy sucli asscssmcnt for the space of thirty 
linquenis, &.c. i\^y^ after such thne of payment, it shall be lawful 
for the treasurer to sell, at public vendue, such part 
of the shares of such delinquent proprietor as may 
be sufficient to pay such assessments, with inciden- 
tal charges, giving notice in a newspaper printed 
at Northampton in said county, of the time and 
place of sale and the sum due on each share, 
three weeks successively before the day of sale, 
and such sale shall be a leajal transfer of the share 
or shares so sold to the purchaser thereof. 

Sec 4. Be it further enacted, That any one of 
the persons named in this act may call the first 
meeting of said Corporation by personal notice of 
the time and place of meeting, given to each of the 
persons named herein, ten days before the time of 
meeting. And this act may at any time be altered 
or repealed at the pleasure of the legislature. 



First meeting. 



[Approved by the Governor, June 5, 1830.] 



CAMBRIDGE COMMON. June 5, I Z30. 503 



CHAP. VI. 

An Act to authorize the enclosing of a part of 
Cambridge Common. 

Sec. 1. UFa it enacted by the Senate and House 
of Representatives^ in General Court assembled, and 
by the authority of the same, That Israel Porter, pg^ons author- 
Stephen Higginson, Asahel Stearns, Joseph Homes, ized. 
and Francis Dana, with their associates, be, and 
they hereby are authorized and empowered, at 
their own expense, and under the direction of two 
commissioners, to be appointed by the Governor, 
with advice of the Council, to enclose such part or 
parts of the common in Cambridge, in the county 
of Middlesex, as the said commissioners shall de- 
termine, due regard being had to the public con- 
venience and necessity. And the said commis- 
sioners, after giving notice to all persons interested, 
shall have power to make such alterations with re- 
spect to the direction of the roads by which the 
said common is traversed, as they shall see fit, and 
shall designate the portion or portions of the said 
common to be enclosed, by metes and bounds, and 
shall make report of their doings, under their hands 
and seals, and file the same in the secretary's of- 
fice, as soon as may be convenient after the said 
service shall have been performed. And they are 
further authorized and empovvered to level the sur- 
face of the ground, to plant trees, and lay out and 
make walks within said enclosure, in such manner, 
as with the approbation of the selectmen of the 
said town of Cambridge they may think proper, 
leaving suitable and convenient avenues for the 
accommodation of persons who may have occasion 
to enter or pass over any part of said enclosure on 
foot. 

Sec. 2. Be it further enacted, That the said 
enclosure shall be forever kept and appropriated to 
public use only, as a public park, promenade, and pilbiic''u8e^niy. 



Penalty, Sec. 



^O-i CAMBRIDGE COMMOiN. June 5, 1S30. 

place for military parade ; and no part thereof 
shall, on any pretence, be appropriated to any pur- 
pose of private use or cmokiment. 

Sec. 3. Be it further enacted, That if any per- 
son shall maliciously or wantonly injure or destroy 
the fences, trees, walks, or any matter or thing 
pertaining to said enclosure, every person so of- 
fending shall forfeit a sum not exceeding fifty dol- 
lars, according to the nature and aggravation of 
the offence, to be prosecuted for by indictment 
or information, in the court of Common Pleas for 
the county of Middlesex ; and such persons shall 
also be liable for all damages by them done, to 
be recovered by an action of trespass, or on the 
case, to be brought before any court proper to try 
the same, with costs of suit ; which action may 
be brought by any inhabitant of said town of Cam- 
bridge, in the name of the inhabitants of said 
town, or the treasurer thereof, in which action, as 
well as in any indictment or information, it shall 
be sufficient to allege the matter or thing injured 
to be the property of the said inhabitants of Cam- 
bridge. And all fines and forfeitures imposed by 
virtue of this act, shall be to the use of the town 
of Cambridge, and be appropriated to the purpose 
of making repairs or improvements upon the said 
enclosure. 

Sec. 4. Be it further enacted. That if the said 
enclosure shall not be made within five years from 
the passing of this act, the authority and power 
hereby granted shall cease and be wholly void. 

[Approved by the Governor, June 5, 1830.] 



Mayor, how 



^lAYOR OF BOSTON. June 5, 1830. 505 



CHAP. VII. 

An Act providing in certain cases for the Election 

of Mayor of the City of Boston. 

Sec. 1. JjE it enacted bij the Senate and House 
of Representatives, in General Court assembled, and 
hij the authority of the same, That whenever, on 
examination by the Mayor and Aldermen of the 
City of Boston, of the returns of votes given for eimed in cer- 
Mayor, at the meetings of the wards holden for 
the purpose of electing that officer, last preceding 
the first Monday of January, in each year, no 
person shall appear to have a majority of all the 
votes given for Mayor, the Mayor and Aldermen, 
by whom such examination is made, shall make a 
record of that fact, an attested copy of which it 
shall be the duty of the City Clerk to produce and 
read, on the first Monday of January, in the pres- 
ence of the members returned to serve as Alder- 
men and Common Councilmen ; and thereupon the 
oaths prescribed by law may be administered to 
the members elect, by any one of the Justices of 
the Supreme Judicial Court, or any Judge of any 
Court of Record holden in said city, or by any 
Justice of the Peace for the county of Suffolk ; 
and thereupon the members of the Board of Al- 
dermen shall proceed to elect a chairman, and the 
Common Council a president, in their respective 
chambers, and being respectively organized, shall 
proceed to business in the same manner as is pro- 
vided in the tenth section of the city charter in 
case of the absence of the Mayor : — And the 
Board of Aldermen shall forthwith issue their war- 
rants for meetings of the citizens of the respective 
wards, for the choice of a Mayor, at such time 
and place as they shall judge most convenient ; 
and the same proceedings shall be had, in all re- 
spects, as are directed in and by the provisions of 
the fifth section of the city charter, and repeated 
67 



506 MAYOR OF BOSTON. June S, 1830. 

from time to time, until a Mayor shall be chosen, 
by a majority of all the voters voting at such elec- 
tions. 

Sec. 2. Be it further enacted, That, in case any 

person elected Mayor of said City shall refuse to 

Re usai o o ce. ^^^^^^ ^j^^ officG, the Same proceedings shall be 

had in all respects, as are herein before directed in 
cases wherein there has been no choice of Mayor, 
until a Mayor be chosen by a majority of votes. — 
And in case of the unavoidable absence, by sick- 
ness or otherwise, of the Mayor elect, on the first 
Monday in January, the city government shall or- 
ganize itself in the mode hereinbefore provided, 
and may proceed to business in the same manner 
as if the Mayor were present. 

Sec. 3. Be it further enacted, That this act 

shall be void, unless the inhabitants of said city of 

Act 10 be void Boston, at a legal city meeting, called for that pur- 

by^cirv'of'Bos- pose, shall, by a written vote, determine to adopt 

ton within 12 ^\^q samc, within twelve days from the time of the 

days from its • r i • 

passing. passmg or this act. 

[Approved by the Governor, June 5, 1830.] 



CHARLESTOWN F. & M. I. CO. June 5, 1830. ^07 



CHAP. VIH. 

An Act to incorporate the Charlestown Fire ana 
Marine Insurance Company. 



Sec. 1. J3lC it enacted by the Senate and House 
of Representatives, in General Court assembled, and _ 
by the authority of the same, That Timothy Wal- rateZ 
ker, David Devens, Samuel Devens, Isaac Warren, 
Thomas J. Goodwin, Chester Adams, John Skin- 
ner, Isaac Mead, David Fosdic, William Austin, 
Nathan Pratt, Samuel Payson, David Stetson, and 
Matthew Skilton, with their associates, successors 
and assigns be, and they are hereby incorporated, 
into a company and body politic, by the name of 
the Charlestown Fire and Marine Insurance Com- 
pany, with all the powers and privileges granted to 
Insurance Companies, and subject to all the re- 
strictions, duties, and obligations contained in a 
law of this Commonwealth entitled " an act to de- 
fine the powers, duties and restrictions of insu- 
rance Companies," passed on the sixteenth day of 
February, in the year of our Lord one thousand 
eight hundred and eighteen, and in a law of this 
Commonwealth entitled " an act authorizing the 
several Insurance Companies of this Common- 
wealth to insure against fire," passed on the twen- 
ty first day of February, in the year of our Lord 
one thousand eight hundred and twenty, for and 
during the term of twenty years after the passing 
of this act ; and by that name may sue and be sued, 
plead and be impleaded, appear, prosecute and de- 
fend to final judgment and execution, and may 
have a common seal which they may alter at plea- 
sure, and may purchase, hold and convey any es- 
tate, real or personal, for the use of said compa- 
ny : Provided, the said real estate shall not exceed Proviso. 
the value of twenty five thousand dollars, except- 
ing such as may be taken for debt or held as col- 
lateral security for money due to said company. 



Persons incorpo- 



608 



CHARLESTOWN F. &c M. I. CO. June 5, 1830. 



Capital Stock. 



Officers, &c. 



Proviso. 



Sec. 2. Be it further enacted, That the capital 
stock of said company shall be one hundred thou- 
sand dollars, and shaH be divided into shares of 
one hundred dollars each ; fifty thousand dollars of 
which shall be paid in money within si.xty days af- 
ter the first meeting of the said company, and the 
residue within one year from the passing of this 
act, in such instalments and under such penalties 
as the president and directors shall in their discre- 
tion direct and appoint. And the said capital 
stock shall not be sold or transferred, but shall be 
holdcn by the original subscribers thereto, for and 
during the term of one year after the said compa- 
ny shall go into operation ; and if the provisions 
of this act shall not be complied with, within one 
year from the first meeting, then the same shall be 
void. 

Sec. 3. Be it further enacted, That the stock, 
property, affairs and concerns of the said compa- 
ny shall be managed and conducted by seven di- 
rectors, one of whom shall be president thereof, 
who shall hold their ofFices for one year and until 
others are chosen, and no longer, and who shall at 
the time of their election be stockholders in said 
company, and citizens of this Commonwealth, and 
shall be elected on the first Monday of May in 
each and every year, at such time of the day, and 
in such place in Charlestown as a majority of the 
directors for the time being shall appoint, of which 
election public notice shall be given in two news- 
papers printed in Charlestown or Boston, and con- 
tinued for the space of ten days immediately pre- 
ceding such election ; and the election shall be 
made by ballot by a majority of the stockholders 
present, allowing one vote to each share in the 
capital stock : Provided, that no stockholder shall 
be allowed more than thirty votes, and absent 
stockholders mi^y vote by proxy under such regu- 
lations as said company shall prescribe. And if, 
through any unavoidable accident, the said direc- 
tors shall not be chosen on the first Monday in 



CHARLESTOWN F. & M. I. CO. June 5, 1830. ^09 

May as aforesaid, it shall be lawful to choose them 
on any other day iti the manner herein provided. 

Sec. 4. Be it f^irther enacted^ That the direc- 
tors, when chosen, shall meet as soon as may be af- 
ter every election, and shall choose out of their 
body one person to be president, who shall be chosen"' 
sworn or affirmed to the faithful discharge of the 
duties of his office, and who shall preside for one 
year. And in case of the death, resignation or in- 
ability to serve of the president or any director, 
such vacancy or vacancies shall be filled for the 
remainder of the year in which they happen, by a 
special election for that purpose, to be 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 three of the directors, or four of them in 
his absence, shall be a board competent to the 
transaction of business ; and all questions before fe°?o|Jo7bis?-"*' 
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 ])roper, touching the management and 
disposition of the stock, property, estate and effects 
of said company, and the transfer of the shares, 
and touching the duties and conduct of the several 
officers, clerks and servants employed, and the 
election of directors, and all such matters as ap- 
pertain to the business of insurance, and shall also 
have power to appoint a secretary, and as many 
clerks and servants for carrying on the said busi- 
ness, and with such salaries and allowances to them 
and to the president, as to the said board shall 
seem meet : Provided, such by laws and regulations 
shall not be repugnant to the constitution and laws 
of this commonwealth. 

Sec. 6. Be it further enacted, That any two or 
more of the persons named in this act are hereby 
authorized to call a meeting of said company, by Meeting, &c. 
advertising the same for two successive weeks in 
the Bunker Hill Aurora, printed in Charlcstown, 



510 



CHARLESTOWN F. & M. I. CO. June 5, 1830. 



Risks. 



Local 



Liable lo be 
taxed. 



and Columbian Centinel, in Boston, for the pur- 
pose of electing their first board of directors, who 
shall continue in office till the first Monday in May, 
in the year of our Lord then next ensuing, and un- 
til others shall be chosen in their stead : Provided 
however, that this charter shall be void and of no 
eflfect, unless put in operation agreeably to the 
terms of it, within one year from and after the 
passing of this act. And provided also, that the 
said company shall not take any risk, or subscribe 
any policy by virtue of this act, until fifty thousand 
dollars of the capital stock of said company shall 
have actually been paid in. 

Sec. 7. Be it further enacted, That said com- 
pany shall never take on any one risk against fire, 
or other risk or loan on respondentia or bottomry 
on any one bottom, at any one time, including the 
sum insured in any other way on the same bottom, 
a sum exceeding ten per centum on the capital 
stock of said company actually paid, 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 Charlestown. 

Sec. 9. Be it further enacted, That the said 
Charlestown Fire and Marine Insurance Company 
shall be liable to be taxed by any general law pro- 
viding for the taxation of all similar corporations 
which are by law liable to be taxed. 

Sec. 10. Be it further enacted. That this act 
may be altered, amended or repealed at the pleas- 
ure of the Legislature. 



[Approved by the Governor, June 5, 1830.] 



MIDDLESEX CO. June b, 1830. 511 

CHAP. IX. 

An Act to incorporate the Middlesex Company. 

Sec. 1. ijE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, Tiiat Samuel Law- pg„ons incorpo 
rence and William W. Stone, together with such ra'ed. 
other persons as may become associates with them, 
their successors and assigns, be, and they hereby 
are created a body corporate, by the name of 
the Middlesex Company, for the purpose of manu- 
facturing cotton and woollen goods at Lowell, in 
the county of Middlesex, and for this purpose shall 
have all the powers and privileges, and shall be 
subject to all the duties and requirements contain- 
ed and provided in and by an Act passed on the 
twenty-third day of February, in the year of our 
Lord one thousand eight hundred and thirty, enti- 
tled an " Act defining the general powers and du- 
ties of Manufacturing Corporations." 

Sec. 2. Be it fiirther enacted, That the said 
corporation may take and hold such real estate, , 

i J--1 L r . Ill May hold real 

not exceeding in value the sum ot two hundred and personal 
and fifty thousand dollars, and such personal es- 
tate, not exceeding in value two hundred and fifty 
thousand dollars, as may be suitable and convenient 
for carrying on the manufactures aforesaid. 

[Approved by the Governor, June 5, 1830.] 



estate. 



512 



SPRINGFIELD & LUDLOW. June b, 1830. 



Boundary Line. 



CHAP. X. 

An Act to establish the Boundary Line between 
the towns of Springfield and Ludlow, in the 
county of Plampden. 

1>E it enacted hij the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That, from and after 
the passage of this act, the boundary line between 
the towns of Springfield and Ludlow, shall be es- 
tablished and known as follows, to wit : — beginning 
on the present line between the said towns, at a 
stone monument, on the top of the hill northerly 
of Higher Brook (so called,) thence running south 
eighty-seven degrees west, seventy-eight and one 
half rods, and thence south, three degrees east, to 
Chicopee river. 

[Approved by the Governor, June 5, 1830.] 



CHAP. XI. 



Term altered. 



An Act to alter a term of the Supreme Judicial 
Court for the County of Bristol. 

IjE 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 by law holden in 
New-Bedford, in the county of Bristol, shall here- 
after be held on the eighth Tuesday after the fourth 
Tuesday of September annually, instead of the 
Tuesday next preceding the third Monday of No- 
vember, as heretofore required, and that all writs, 
complaints, warrants and other processes of what- 



POLICE COURT. June 5,-^30. 513 

soever nature, civil or criminal, which have been, 
or shall be returnable to said term of said court, 
and all matters pending in said court, shall be re- 
turned to, have day in, and be acted upon and de- , 
termined by said Supreme Judicial Court, at the 
term thereof, as hereby established ; any law to 
the contrary notwithstanding. 

[Approved by the Governor, June 5, 1830.] 



CHAP. XH. 

An Act concerning the Jurisdiction of the Police 
Court in the City of Boston. 

Sec. 1. UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Police Court 
of the city of Boston shall have concurrent juris- PoUceCourt. 
diction with the Municipal Court of said city, in 
all cases, (excepting where the fine, penalty or for- 
feiture exceeds tv/enty dollars,) arising under an 
act entitled " an act in addition to an act entitled 
an act for the due regulation of licensed houses," 
passed on the fourteenth day of December, in the 
year of our Lord one thousand eight hundred and 
sixteen, and under the act to which that is in addi- 
tion, the prosecution in such cases to be upon com- 
plaint or information, as in other cases in said Po- 
lice Court, saving always the right of appeal as in 
other cases, to the said Municipal Court ; any 
thing to the contrary hereof in the said acts not- 
withstanding. 

Sec. 2. Be it further enacted, That an act en- 
titled " an Act concerning the Jurisdiction of the 
Police Court in the city of Boston," passed on the 
twelfth day of March, in the year of our Lord one 
thousand eight hundred and thirty, be, and the 
68 



514 SOCIAL INSURANCE CO. June 6, 1830. 

same is hereby repealed, except so far as respects 
any prosecutions and proceedings heretofore insti- 
tuted and now pending under the same. 

[Approved by the Governor, June 5, 1830.] 



CHAP. XIII. 

An Act to revive and continue in force an Act es- 
tablishing a Corporation by the name of the So- 
cial Insurance Company. 

Sec. 1. l3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That an act entitled 
" an Act cstabhshing a Corporation by the name of 
the Social Insurance Company," passed on the 
first day of March, in the year of our Lord one 
thousand eight hundred and eight, be revived, re- 

Revivai, &c. enactcd and continued in force, for and during the 
term of ten years from and after the passing of 
this act ; any acts or parts of acts heretofore pas- 
sed, to the contrary notwithstanding. Provided 
however, that said company shall exercise no other 
powers granted by said act of incorporation, and 
the acts in addition thereto, excepting such as may 
be necessary to enable said company to adjust and 
settle all outstanding claims in favor or against the 
corporation. 

Sec 2. Be it further enacted, That, for thepur- 

organizaiion. posc of reorganizing said corporation, a meeting 
of the stockholders may be called by Dudley L. 
Pickman and William Silsbee, or either of them, 
by an advertisement, giving ten days notice there- 
of, in one of the newspapers printed in the town of 
Salem. 



Proviso, 



[Approved by the Governor, June 5, 1830.] 



Capital Stock 



AMERICAN BANK. June 5, 1830. ^1^ 



CHAP. XIV. 

An Act to reduce the Capital Stock of the Amer- 
ican Bank. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That, on and after the 
first Monday of October next, the capital stock of 
the Banking Corporation, created and estabhshed 
in Boston, in the county of Suftblk, by an act pas- reduced 
.sed and approved the twentieth day of February, 
in the year of our Lord one thousand eight hun- 
dred and twenty-four, by the corporate name of the 
president, directors and company of the American 
Bank, shall consist of five hundred thousand dol- 
lars, divided into five thousand shares, of one hun- 
dred dollars each ; and in order to reduce said 
capital stock to that sum, and to make the shares 
of that amount, the president and directors of said 
Bank shall, on said day, or as soon after as may 
conveniently be done, pay to such persons as may 
be owners and holders of said stock, on that day, 
to each and every of them, one third part of the 
capital stock so owned and held by each stockhol- 
der respectively, at its full par value, with such 
profits or dividend as may then belong to the same ; 
and shall then deliver to such stockholders new 
certificates, in shares of one hundred dollars eacii, 
for the stock remaining unpaid, receiving at the 
same time the old certificates held by such stock- 
holders : Provided, however, that in case there shall „ . 

' , , , , r. . . Proviso. 

remam to any stockholder, alter receivuig one 
third of his capital stock as aforesaid, and a new 
certificate at one hundred dollars for each share, a 
fraction or part of his capital stock, less than one 
hundred dollars, such fraction or part shall be paid 
to him at its full par value, or be adjusted in such 
other manner as the parties may elect and agree 
upon. 



Dividend. 



516 AMERICAN BANK. June 5, 1830. 

Sec. 2. Be it further enacted^ That no dividend 
of the capital stock of said Bank, as now existing, 
shall be made, until it shall have been proved to 
the satisfaction of the Governor and Council, or 
of commissioners by them appointed, at the ex- 
pense of said corporation, that the sum to which 
said capital stock is to be reduced is sufficient to 
pay all notes in circulation, and all deposits and 
other demands existing against said corporation ; 
and that nothing in this act shall be construed to 
affect the liability of the corporation, or the indi- 
vidual stockholders, as established by the original 
act incorporating said Bank, or any other existing 
law. And the said corporation shall be holden to 
pay into the treasury of the Commonwealth, their 
Taxes. proportion of the tax now required to be paid by 

law upon the existing capital of said Bank, until 
the same shall be actually reduced as aforesaid, and 
all arrearages of taxes paid. 

Sec. 3. Be itjurther enacted, That the liability 
of the president, directors and company of the 
said Bank, to loan to the Commonwealth, shall be 
in proportion to the sum of the capital of said 
corporation when reduced as aforesaid. 

Sec. 4-. Be it further enacted, That so much of 
the aforesaid act passed February 20, 1824, and 
of an act in addition thereto, passed March 10, 
1827, as is inconsistent with the provisions of this 
act, be, and the same is hereby repealed. 

[Approved by the Governor, June 6, 1830.] 



KEGISTERS OF DEEDS. 



June 5, 1830. 



517 



CHAP. XV. 

An Act prescribing the duties of Registers of 
Deeds. 

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 be the 
immediate duty of the Registers of Deeds, in the Duties, 
several counties of this Commonwealth, forthwith 
to prepare and constantly to keep a book, each 
page of which shall be divided into six columns, 
and each column shall have a caption or head line, 
in the form following, viz : 



Date of Re- 


Names of 


Names of 


Town in 


To whom 


Fees re- 


cepiion in 


Grantors. 


Grantees. 


which the 


the deed 


ceived. 


hours and 






premises 


is deliver- 




minutes. 






are situa- 


ed. 










ted. 







Sec. 2. Be it further enacted. That, whenever a 
deed or other instrument shall be offered for regis- 
try, it shall be the duty of the said registers of 
deeds to enter the same in the book aforesaid, no- 
ting the several particulars in relation thereto, each 
under its appropriate head, as far as it is practica- 
ble so to do. 



[Approved by the Governor, June 5, 1830.] 



Special Term. 



318 S. J. COURT. Juneb, 1830. 



CHAP. XVI. 

An Act to provide a special term of the Supreme 
Judicial Court within and for 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 a term of the 
Supreme Judicial Court shall be held at Salem, 
within and for the county of Essex, on the third 
Tuesday of July next, by three or more of the 
Justices of said Court, at which term, the Jus- 
tices of said court, or any three of them, shall 
have cognizance and jurisdiction of all crimes and 
misdemeanors, done and committed within the body 
of said county of Essex, before the passing of this 
act ; as well such as have heretofore been presen- 
ted by the grand jury, as of such as shall be pre- 
sented, at the term hereby provided to be held, by 
the grand jury, which shall attend said court. 

Sec. 2. Be it further enacted, That the said 
court, holden in virtue of this act, shall have full 

Power granted, powcr aud authority to hear, judge of, try, and de- 
termine all cases of a criminal nature, whether 
capital and punishable by death, according to ex- 
isting laws, or otherwise punishable, which shall be 
brought before said court ; and on due conviction 
of any person, and of every person duly convicted, 
said court shall award judgment, sentence, and 
award execution in like manner, as they might law- 
fully do at any term, now by law stated to be held, 
within and for said county of Essex. 

Duty of clerk. Sec. 3. Bc it furthcr cuactcd. That the clerk of 
said court for the county of Essex, shall cause to 
be summoned, in the manner provided by law for 
the stated terms of said court in said county, a 
grand jury, and forty-eight traverse jurors ; whose 
duty it shall be to attend the said court, by this act 
provided for, at the opening thereof, and there to 



S. J. COURT. June 5, 1830. 519 

do and perform all such duties, as are required by 
law of grand and traverse jurors ; and the jurors 
so summoned, and all selectmen, sheriffs, consta- 
bles, and other officers, who shall neglect to do 
and perform, such duties, as they are respectively 
by law required to do as such, in the usual course 
of duty, in relation to the administration of jus- 
tice, at the stated terms, in said county, shall be 
subject to the same penalties as though the term 
herein provided for, were one of the stated terms 
as aforesaid. 

Sec. 4. Be it further enacted, That it shall be 
the duty of the attorney general and the solicitor gen- 
eral, respectively, to attend the sitting of the said ge"nerai a'ndTo^- 
court, at the said term, for the purpose of taking ''*^'^°'' general. 
charge of, and conducting any criminal business, 
which may happen, or be brought before the said 
court. 

Sec. 5. Be it further enacted, That the said 
court shall also have jurisdiction in all civil actions 
now pending, in which questions of law have been jurisdiction 
reserved, or exceptions have been taken to any 
opinion or ruling of the said court, or which have 
arisen on any pleadings, or by writ of error or cer- 
tiorari ; and the said court, at said term, shall have 
power and authority to hear and determine all such 
cases, and award judgment and execution thereon, 
or otherwise dispose of the same, as law and jus- 
tice shall require. 

[Approved by the Governor, June 6, 1830.] 



520 FRANKLIN R. ROAD COMP. June 7, 1830. 



CHAP. XVII. 

An Act in addition to an Act to incorporate the 
Franklin Rail Road Company. 



Sec. 1. 13^ it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That so much of the 
tenth section of the Act, to which this is in addi- 
section repeal, ^^^n, as authorizcs the Legislature to alter and re- 
ed, duce the rate of tolls and income from said Rail 
Road, be, and the same is hereby repealed. 

Sec. 2. Be it further enacted, That no other 
Rail Road than the one granted by the act to which 
this act is in addition shall, during the period of 
thirty years from the passing of this act, be author- 
ized to be made, leading from Boston to any 
place within five miles of the western termination 
of the Franklin Rail Road, on the boundary line 
of this State, or within five miles of the said 
Rail Road within the counties of Worcester or 
Franklin, except it be for the accommodation of a 
diflferent line of travel and transportation. And 
the Legislature shall have power to authorize the 
making of branches from said Rail Road, for the 
accommodation of such different line of travel 
and transportation, having a termination distant 
from the western termination of the said Franklin 
Rail Road, whenever in their judgment public 
convenience and necessity may render the same 
expedient. 

Sec. 3. Be it further enacted, That the term 
"^ of one year, in addition to the time allowed in the 

sixteenth section of the act to which this is in ad- 
dition, be granted to said Company, for the purpose 
of obtaining subscription, organizing the Compa- 
ny, and locating the route, and also for com- 
pleting said Rail Road. 

[Approved by the Governor, June 7, 1830.] 



LAWS 



OF THE 



COMMONWEALTH OF MASSACHUSETTS, 



PASSED BY THE GENERAL COURT, 



AT THEIR SESSION, WHICH COMMENCED ON WEDNESDAY, THE FIFTH 
OF JANUARY, AND ENDED ON SATURDAY, THE NINETEENTH 
OF MARCH, ONE THOUSAND, EIGHT HUNDRED AND 
THIRTY ONE. 



CHAP. XVIII. 

^n Act in addition to an Act entitled, ^* An Act to 
incorporate Jonathan Gardner Junior and others 
therein named into a Society by the name of the 
Marine Society at Salem in the County of Es- 
sex, in the Province of the Massachusetts Bay in 
New England." 

Be it enacted by the Senate and House of 
Representatives in General Court assembled, and 
by the authority of the same, That the Corporation ^ 

11-1 11 li 1-1 1- i •• IT Corporalioii may 

established by the Act to which this Act is in addi- take and hold 
tion, be and hereby is authorized to take and hold, gyrate" •'^"""^ 
by donation or otherwise, for the purposes of said 
Corporation, real and personal estate, the annual 



522 TAUNT. COP. MAN. COMP. Jan. 16, 1831. 

income of which shall not exceed the sum of ten 
thousand dollars, any thing in the Act, to which 
this Act is in addition, to the contrary notwithstand- 
ing. 

[Approved by the Governor, January 14, 1831.] 



CHAP. XIX. 

An Act to incorpoiule tho Taunton Copper Manu- 
facturing Company. 

Sec. 1. ^Y. it enacted hy the Senate and House 

of Representatives, in General Court assembled, and 

Per«,ns incorpo- ^^ ^j^^ authority of the sume, That William A. 

Crocker, Samuel L. Crocker, George A. Crocker, 
Nathaniel Crandell, Daniel Brewer, Samuel B. 
King, and David G. W. Cobb, together with such 
other persons as may hereafter associate with 
them, their successors and assigns, be, and they 
hereby are made a Corporation by the name of the 
Taunton Copper Manufacturing Company, for the 
purpose of manufacturing various articles from cop- 
per, zinc, lead and other metals and mixed metals, 
at Taunton and Norton in the County of Bristol, 
and for that purpose shall have all the powers and 
privileges, and be subject to all the duties and re- 
Powers. quirements contained in an Act entitled An Act 

defining the general powers and the duties of Ma- 
nufacturing Corporations, passed February twenty 
third, in the year of our Lord one thousand eight 
hundred and thirty. 

Sec. 2. Be it further enacted, That the said 
May be seized of Co**P'^^^tion may bc lawfully seized of such real 
real and persona] cstatc uot excecdinc; thc valuc of twcuty fivc 
thousand dollars, and such personal estate not ex- 
ceeding the value of seventy five thousand dollars, 



estate. 



HAM WOOL. COMP. January 17, 1831. 623 

as may be necessary and convenient for establish- 
ing and carrying on the manufactures abovemen- 
tioned at Taunton and Norton. 

Approved by the Governor, January 15, 1831. 



CHAP. XX. 

An Act to incorporate the Hamilton Woollen Com- 
pany. 

Sec. 1. j3E it enacted by the Senate and House 
of Bepresentatives, in General Court assembled, and 
by the authority of the sajne, That Willard Sayles porsoasincorpo- 
and Samuel A. Hitchcock, together with such oth- i^^'^^' 
er persons as may hereafter associate \yith them, 
their successors and assigns, be, and they hereby 
are made a Corporation, by the name of the Ha- 
milton Woollen Company, for the purpose of ma- 
nufacturing wool and cotton at Southbridge in the 
County of W^orcester, and for that purpose shall 
have all the povvers and privileges, and be subject 
to all the duties and requirements contained in an 
act entitled " an Act defining the general powers 
and the duties of manufacturing corporations" pass- 
ed February twenty third in the year of our Lord one 
thousand eight hundred and thirty. 

Sec. 2. Be it further enacted, That said Corpo- "7 1'e seized of 

,'^r,, -iV , 1 ^ real and personal 

ration may be lawfully seized ot such real estate csiaie. 
(not exceeding the value of one hundred thousand 
dollars,) and such personal estate not exceeding the 
value of one hundred thousand dollars, as may be 
necessary and convenient for establishing and car- 
rying on the manufacture of wool and cotton at 
Southbridfje aforesaid. 



'a^ 



[Approved by the Governor, January 17, 1831.] 



524 



SUF. MAN. COMP. 



January 17, 1831 



rated 



CHAP. XXI. 

An Act to incorporate the Suffolk Manufacturing 
Company. 

Sec. 1. J3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
eisons incoipo- ^^ ^j^^ authority of the same, That Joseph Tilden, 
Samuel Appleton, William Appleton, George W. 
Lyman, and Henry Cabot, their associates, suc- 
cessors, and assigns, be, and they hereby are made 
a Corporation, by the name of the Suffolk Manu- 
facturing Company, for the purpose of manufactur- 
ing cotton and woollen goods, in the town of Low- 
ell in the county of Middlesex, and for this purpose 
shall have all the powers and privileges, and be 
subject to all the duties and requirements contain- 
ed in an act passed the twenty third day of Febru- 
ary in the year of our Lord one thousand eight 
hundred and thirty, entitled " an Act defining the 
general powers and duties of Manufacturing Cor- 
porations." 

Sec. 2. Be it further enacted, That the Capi- 
tal Stock of said Corporation shall not exceed the 
sum of five hundred thousand dollars, and that the 
said Corporation may be lawfully seized and pos- 
sessed of such real estate as may be necessary and 
convenient for the purposes aforesaid, not exceed- 
ing the value of one hundred thousand dollars, ex- 
clusive of buildings and improvements that may 
be made thereon by the said Corporation. 

[Approved by the Governor, January 17, 1831.] 



Capitiil Stock. 



Real and person 
al estate. 



SUP. JUD. COURT. January 21, 1831. 525 



CHAP. XXII. 

An Act to alter a term of the Court of Common 
Pleas for the County of Plymouth. 

J3E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by '^^{I^^^^^ 
the authority of the same, That the term of the 
Court of Common Pleas which is by law now hold- 
en at Plymouth, in the County of Plymouth, on the 
third Monday of November, annually, shall hereaf- 
ter be holden at said Plymouth on the first Mon- 
day of December, annually. 

[Approved by the Governor, January 18, 1831.] 



CHAP. XXIIl. 

An Act to alter a term of the Supreme Judicial 
Court for 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 term of the Su- hoill^n. 
preme Judicial Court, which is by law now holden 
at New Bedford, in the county of Bristol, on the 
eighth Tuesday after the fourth Tuesday of Sep- 
tember annually, shall hereafter be holden at said 
New Bedford, on the second Tuesday of Novem- 
ber annually. 

[Approved by the Governor, January 21, 1831.] 



526 NORTH. W. MAN. CO. January 2\, 1831. 



CHAP. XXIV. 

An Act to incorporate the Northampton Woollen 
Manufacturing Company. 



Persons incorpo- 



Sec. 1 . I3E it enacted by the Senate and House 
of Representatives in General Court assembled, and 
rVted"""'"''"'^"' by the authority of the same, That Stephen Brewer 
and Edward H. Robbins, their associates, succes- 
sors and assigns, be, and they hereby are made a 
Corporation, by the name of the Northampton 
Woollen Manufacturing Company, for the purpose 
of manufacturing woollen goods in the town of 
Northampton, in the county of Hampshire, and for 
this purpose shall have all the powers and privi- 
leges, and be subject to all the duties and require- 
ments, contained in an Act passed on the twenty 
third day of February, in the year of our Lord one 
thousand eight hundred and thirty, entitled " An 
Act defining the general powers and duties of ma- 
nufacturing corporations." 

Sec. 2. Be it further enacted, That the said 
Corporation may lawfully take and hold such real 
aid^perSnafes- cstatc, as may bc necessary and convenient for 
^*^^- carrying on the manufacture aforesaid, not exceed- 

ing the value of fifty thousand dollars, and that the 
capital stock of said corporation shall not exceed 
the sum of one hundred thousand dollars. 

[Approved by the Governor, January 21, 1831.] 



MAS. F. AND M. INS. CO. January 22, 1831. 527 



CHAP. XXV. 

An Act in addition to an act incorporating the Sa- 
lem Lead Manufacturing Company. 

JJE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the Salem Lead may''hoH'nnj 
Manufacturing Company may hold and possess ''ersonliesta"'^ 
real estate, not exceeding one hundred thousand 
dollars, and personal estate, not exceeding two 
hundred and fifty thousand dollars, for the purpos- 
es specified in the act incorporating said manufiic- 
turing company : and that so much of the said act, 
as is repugnant to this act, be, and the same is 
hereby repealed. 

[Approved by the Governor, January 21, 1831.] 



CHAP. XXVI. 

An Act to authorize the Massachusetts Fire and 
Marine Insurance Company to reduce its Capi- 
tal Stock. 

Sec. 1 . IjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
bu the authority of the same, That the Massachu- m^i.v rcince ca- 

-^ «/ •/ Dll3.1 Sloclc 

setts Fire and Marine Insurance Company be, and 
they hereby are authorized to reduce the Capital 
Stock of said Corporation to three hundred thousand 
dollars, and to divide the excess among the stock- 
holders proportionally ; and such reduced capital 
stock shall be divided into eight thousand shares, 
each share to consist of thirty seven dollars and 
fifty cents. 

Sec. 2. Be it further enacted, That no contracts 
70 



528 WOOD, &c. January 25, 1831. 

whatever heretofore made hy said corporation shall 
be in any manner affected or impaired by said re- 
duction or division. 
When to take g^c. 3. Be it further enacted, That this act shall 
not take effect, until, by reassurance, or compro- 
mise with the assured, said corporation shall have 
protected or relieved itself from so much of any 
outstanding risk as exceeds the sum of ten per cen- 
tum of its reduced capital : and that hereafter, said 
corporation shall not take any sum upon any one 
risk exceeding ten per centum of the amount of its 
reduced capital. 

[Approved by the Governor, January 22, 1831.] 



CHAP. XXVII. 

An Act to provide for the Survey and Admeasure- 
ment of Wood, Coal, and Bark for fuel, brought 
by water into the City of Boston, for sale. 

Sec. 1. JdE it enacted hy the Senate and House 

of Representatives in General Court assembled, and 

by the authority of the same, That from and after the 

ity government passaffc of thls act, it shall be lawful for the City 

may make rules \-^ ° p i /-i- r Tk i i 

and regulations, (jrovemment 01 the City ol Boston, to make and es- 
tablish ordinances, rules, and regulations, for the 
inspection, survey, admeasurement, and sale of 
wood, coal, and bark for fuel brought by water into 
the City for sale, as they may from time to time 
determine to be expedient and suitable to the cir- 
cumstances of the said City, and to ordain fit pe- 
nalties for the breach of such ordinances, rules and 
regulations, to be recovered in the same manner 
and before the same courts, as other fines and for- 
feitures are recoverable by law. 

Sec. 2. Be it further enacted. That the said City 



c 



BARN. INST. January 29, 1831. 529 

Government, in their discretion, may also provide 
for the appointment of all such surveyors, inspect- 
ors and other officers, as they may find expedient 
and proper, for the execution of such ordinances, 
rules and regulations, and fix their fees and com- 
pensation for their official duties and services. 

Sec. 3. Be it further enacted, That this act may 
be altered, amended or repealed, at the pleasure of 
the Legislature. 

[Approved by the Governor, January 25, 1831.] 



CHAP. XXVIII. 

An Act to incorporate the Institution for Savings 
in the town of Barnstable. 

Sec. 1. i3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Danforth P. JJ^^' '"^°'p°- 
Wight, John Munroe, William Lewis, Henry Her- 
sey, Josiah Hinkley, Matthew Cobb, Isaiah L. 
Green, Thomas Percival, James Smith, Loring 
Crocker, Knoch T. Cobb, Joseph A. Davis, Amos 
Otis, Jr. Charles Marston, and Henry Crocker, and 
such others as may be duly elected, and their suc- 
cessors, be and they are hereby incorporated into a 
body politic, by the name of the Institution for Sav- 
ings in the town of Barnstable. 

Sec. 2. Be itjurther enacted. That the said Cor- 
poration shall be capable of receiving, from any 
person or persons disposed to obtain and enjoy the 
advantages of said Institution, any deposit or depo- 
sits 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 said Institution, shall be by 
them improved to the best advantage, and be in • 



530 



BARN. INST. 



January "2.^, 1831 



May elect mem- 
bers. 



May have a com- 
mon seal. 



At what time 
and pUice meet- 
ings may be 
held. 



vested in such manner as best to promote the ob- 
jects of the institution, and the income or profits 
thereof shall be by them divided among the persons 
making the said deposits, their executors, adminis- 
trators or assigns, in just proportion, with reasona- 
ble deductions for expenses, and the principal of 
such deposits may be withdrawn, at such times, 
and in such manner, as the said Institution shall di- 
rect and appoint. 

Sec. 4. Be it further enacted, That the said Cor- 
poration shall, at any legal meeting, have power to 
elect by ballot any other person or persons as mem- 
ber or members of said Institution, and any mem- 
ber, upon filing a written notice with the President 
thereof, three months prior, may, at any anniml 
meeting of said Corporation, withdraw, and forev- 
er dissolve his connexion with the same. 

Sec. 5. Be it further enacted, That the said Cor- 
poration may have a common seal, which they may 
alter and renew at pleasure. And that all deeds, 
conveyances, grants, covenants, contracts and 
agreements, made by their treasurer or any other 
person or persons by their authority, and direction, 
shall be good and valid, and the said Corporation 
shall, at all times, have power to sue, and may be su- 
ed, and may defend, and shall be held to answer by 
the name aforesaid. 

Sec 6. Be it further enacted, That the said Corpo- 
ration shall hereafter meet at Barnstable, some 
time in the month of July annually, and at such 
other times as the Corporation shall direct, and 
any seven members of said Corporation, the Presi- 
dent, Treasurer or Secretary, being one, shall be a 
quorum, and the said Corporation, at their first 
meeting, and at their meetings in July annually, 
shall have power to elect by ballot, a President 
an.d a Treasurer, who shall give bond in the sum of 
five thousand dollars, for the faithful discharge of 
the duties of his oflice, and such other officers as 
to them shall appear necessary, which officers so 
chosen shall continue in office one year, and until 
others are chosen in their stead ; and all officers 



BARN. INST. 



January 29, 1831. 



631 



May make by- 
laws. 



SO chosen shall be under oath to the faithful per- 
formance of the duties of their offices respectively. 

Sec. 7. Be it further enacted, That the officers statement of 

1 c I -IT • • 1 11 1 affairs to be 

and agents ot the said institution shall lay a state- made. 
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 under 
oath concerning the same. 

Sec 8. Be it further enacted, That the said Cor- 
poration shall have power to make by laws for the 
more orderly managing of their concerns, provided 
the same are not repugnant to the Constitution and 
laws of this Commonwealth ; and the Legislature 
may, at anytime, make such further regulations for 
the government of the said Institution, as they may 
deem expedient, and may at any time hereafter, 
alter, amend or repeal this act. 

Sec. 9. Be it further enacted. That any one of First meeting. 
the persons named in this act shall have power to 
call the first meeting of the said Corporation, at 
such time and place as he may judge proper, by 
giving notice to the members of the said Corpora- 
tion, in the public newspapers printed in the town 
of Barnstable. 



[Approved by the Governor, January 29, 1831.] 



632 



SUP. JUD. COURT. 



January 29, 1831 



CHAP. XXIX. 

An Act to revive and continue a term of the Su- 
preme Judicial Court. 



Term revived. 



When to be 
force. 



jjE 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 Su- 
preme Judicial Court, which was begun and hold- 
en at Boston, in the County of Suflblk, and for the 
Counties of Suffolk and Nantucket, on the third 
Tuesday of November last, notwithstanding any 
defect in the regular adjournments thereof from 
day to day, and time to time, shall be taken and 
deemed to revive, continue and be in full force, on, 
from and after Monday, the thirty-first day of Janu- 
ary, instant, to all intents and purposes, as if the 
said Court had stood regularly adjourned to that 
day, and all actions, suits, matters and things which 
were pending in the said Supreme Judicial Court, 
on the day of its last adjournment and sitting, and 
all writs, warrants, recognizances and processes re- 
turnable to, and which would have had day therein, 
had the said Court been regularly adjourned to 
said day, shall be returnable to, and have day in, 
and be acted upon by the said Supreme Judicial 
Court, in the same manner, and to the same effect, 
as if said Court had stood adjourned to that day. — 
And all parties, jurors, witnesses and others who 
would have been held to appear and attend at said 
Court, had the same been regularly adjourned as 
aforesaid, shall be holden to appear on said Mon- 
day, the thirty-first day of January, instant, in the 
same manner, and to the same effect, as if the said 
Court had stood regularly adjourned to that day. 

[Approved by the Governor, January 29, 1831.] 



SALEM DISPENSARY. Feb. S, 1831. 633 

CHAP. XXX. 

An Act to incorporate the Salem Dispensary. 

Sec. 1. -OE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Joseph Peabody, ^™a' '"'°'- 
Benjamin Pickman, Daniel A. White, John Bra- 
zer, William Dean, Abel L. Peirson, Joseph Bea- 
dle, John Stone, Robert Brookhouse, George Pea- 
body, Henry Whipple, and Charles Lawrence, with 
their associates and successors, be, and they are 
hereby made a corporation, by the name of the Sa- 
lem Dispensary, for the purpose of aftbrding medi- 
cal advice and relief to the sick poor of the to^vn 
of Salem, and by that name may sue and be sued, 
plead and be impleaded, appear, prosecute and de- 
fend to final judgment and execution, and may have 
a common seal, and may elect such officers, and 
make and establish such by laws and regulations, 
as they may deem necessary or expedient for the 
management of their affairs. Provided, that such 
by laws and regulations shall not be repugnant to 
the constitution and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the corpora- ^j i,oy,.ej,i 
tion hereby established, may take and hold for the and personal «?«- 
purpose aforesaid any real or personal estate, the 
annual income of which shall not exceed the sum 
of three thousand dollars. 

Sec. 3. Be it further enacted. That either of the 
persons named in the first section of this act, be First meetiBg. 
and is hereby authorized to call the first meeting of 
the corporation, by giving notice thereof in one or 
more of the newspapers printed in the town of Sa- 
lem, at least seven days before the time of holding 
such meeting. 

Sec. 4. Be it further enacted. That this act may 
be amended or repealed at the pleasure of the Le- 
gislature. 

[Approved by the Governor, February 3, 1831.] 



porated. 



334 GLOUCEST. PROV. IiNST. Feb. 3, 1831. 



CHAP. XXXI. 

An Act to incorporate the Provident Institution for 
Savings in the town of Gloucester and vicinity. 

Sec. 1. OE it enacted by the Senate and House 
of Representatives in General Court assembled, and by 
f™s incor- the authority of the same. That Israel Trask, Eben- 
ezer Dale, Benjamin K. Hough, William Pearce, 
Jr. William Person, James Mansfield, Henry Smith, 
William W. Parrott, Hosea Hildreth, Zechariah 
Stevens, William Beach, Elias Davison, Richard 
G. Stanwood, John W. Low, William Stevens, 
Alphonso Mason, Samuel Stevens, Daniel W. Ro- 
gers, Samuel Lane, Gideon Lane, Jr. Ebenezer 
Pool, Jr. Solomon Pool, William Pearce, Samuel 
Dexter, Eli Stacy, Samuel Pearce, George W. 
Pearce, John Johnston, Richard Friend, Samuel 
Kemball, Frederick G. Low, Samuel Caswell, Wil- 
liam Saville, Samuel Giles, and John Gott, and 
such others as may be duly elected, and their suc- 
cessors be, and they are hereby incorporated, into 
a body politic by the name of the Gloucester Insti- 
tution for Savings. 
MayicceixeJc- Sec. 2. Be it fvjther enacted, That the said 
Corporation shall be capable of receiving, from any 
person or persons disposed to obtain and enjoy the 
advantages of said institution, any deposit or depo- 
sits of money, and to use and improve the same for 
the purposes, and according to the directions here- 
in mentioned and provided. 

Sec. 3. Be it further enacted, That all deposits 
e.itoiiie'bcTsi of money received by said institution shall be by 
a xautage. thcm iuiproved to the best advantage, and be in- 
vested in such manner, as will best promote the 
objects of the institution, and the income or protit 
thereof shall be by them divided among the per- 
sons making the said deposits, their executors, ad- 
ministrators or assigns, in just proportion, with rea- 
sonable deductions for expenses, and the principal 
of such deposits n»ay be withdrawn at such times, 



pO:>lUi. 



To be iiii()rov- 



GLOUCEST. PROV. INST. Feb. 3, 1831. 535 

and in such manner as the said institution shall di- 
rect and appoint. 

Sec. 4. Be it further enacted, That the said May elect mem^ 
corporation shall at any legal meeting have power 
to elect by ballot any other person or persons as 
members of said institution, and any member upon 
filing a written notice with the president thereof, 
three months prior, may, upon any annual meeting 
of said corporation, withdraw, and forever dissolve 
his connexion with the same. 

Sec. 5. Be it further enacttd, That the said cor- May have a com- 
poration may have a common seal which they may 
alter and renew at pleasure, and that all deeds, 
conveyances, grants, covenants, contracts and a- 
greements made by their treasurer or any other 
person or persons by their authority and direction 
shall be good and valid, and the said corporation 
shall at all times have power to sue, and may be 
sued, and may defend, and shall be held to answer 
by the name aforesaid. 

Sec. 6. Be it further enacted, That the said cor- Time anj place 
poration shall hereafter meet at Gloucester, some- "f*"«e""«- 
time in the month of February annually, and at 
such other times as the corporation may direct : 
and any seven members of said corporation, the 
president, treasurer or secretary being one, shall be 
a quorum, and the said corporation at their first 
meeting, and at their meetings in February annu- 
ally, shall have power to elect by ballot, a presi- 
dent, and a treasurer who shall give bond in the 
sum of five thousand dollars for the faithful dis- 
charge of the duties of his office, and such other 
officers as to them shall appear necessary, which 
officers, so chosen, shall continue in office one 
year, and until others are chosen in their stead : 
and all officers, so chosen, shall be under oath to 
the faithful performance of the duties of their offi- 
ces respectively. 

Sec. 7. Be it further enacted, That the officers s,atj.„,^,„j^f3f. 
and agents of the said institution, shall lay a state- <"=>''s- 
ment of the aftairs thereof before any persons ap- 
pointed by the Legislature to examine the same, 
71 



636 



NEWT. FEM. ACAD. 



Feb. 4,1831. 



By laws. 



FiiBt meeting. 



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 concerning 
the same under oath. 

Sec. 8. Be it further enacted, That the said cor- 
poration shall have power to make by laws for the 
more orderly managing of their concerns, provided 
the same are not repugnant to the constitution and 
liiws of this Commonwealth, and the legislature 
may, at any time, make such further regulations for 
the government of the said institution as they may 
deem expedient, and may at any time hereafter, 
alter, amend, or repeal this act. 

Sec. 9. Be it further enacted, That Israel 
Trask, William Pearce, Jr. and Henry Smith, or 
any two of them, shall have power to call the first 
meeting of the said corporation at such time and 
place as they may direct, by giving public notice 
thereof, in the public newspaper printed in said 
town. 

[Approved by the Governor, February 3, 1831.] 



CHAP. XXXII. 



An Act to incorporate the Proprietors of Newton 
Female Academy. 

Sec. 1. 13 E z'/ eiiacted by the Senate and House 
of Representatives in General Court assembled, and 
Persons iiicorpo- by the authority of the same, That Joseph Grafton, 
rated. Matthias Collins, William Jackson, their associ- 

ates and successors be, and they hereby are made 
a body corporate, for the purpose of promoting 
the education of youth and others in the town of 
Newton, by the name of the Proprietors of the New- 
ton Female Academy. 



NEWT. FEM. ACAD. Fe6. 4, 183K 537 

Sec. 2. Be it further enacted, That said corpo- Real estate. 
ration may hold real estate not exceeding in value 
five thousand dollars, and personal estate not ex- 
ceeding the same sum, the income thereof to be 
appropriated and used for the purposes expressed 
in this act. 

Sec. 3. Be it further enacted, That said corpo- By laws. 
ration may from time to time make such by 
laws, as they may deem necessary for managing 
the interests of said academy, and may modify and 
alter the same at their pleasure, provided such by 
laws be not repugnant to the laws and constitution 
of the Commonwealth. 

Sec. 4. Be it further e^mcted. That any one of First meeting, 
the persons named in this act may call the first 
meeting of said proprietors, and fix the time and 
place of said meeting by giving written notice 
thereof ten days previous to the time of said meet- 
ing. 

Sec 5. Be it further enacted, That this act 
may be altered or repealed by the legislature at 
any time hereafter. 

[Approved by the Governor, February 4, 1831.] 



538 



FOURD. PAP. COMP. 



Feb. 5, 1831. 



CHAP. XXXIII. 



Persons inor- 
porated. 



Real and per- 
sontil estate. 



An Act to incorporate the Fourdrinier Paper Com- 
pany. 

Sec. 1. JdE it enacted by the Seriate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That William Parker, 
Samuel Townsend, and Peter C. Jones, with such 
other persons as may become associates with them, 
their successors and assigns, be, and they hereby 
are created a body corporate, by the name of the 
Fourdrinier Paper Company, for the purpose of 
manufacturing paper on the Assobet River in the 
towns of Stow and Sudbury in the county of Mid- 
dlesex, and for this purpose shall have all the pow- 
ers and privileges, and shall be subject to all the 
duties and requirements contained in an act enti- 
tled " An Act defining the General Powers and 
Duties of Manufacturing Corporations," passed on 
the twenty third day of February, in the year of 
our Lord one thousand eight hundred and thirty. 

Sec. 2. Be it further enacted, That the said cor- 
poration may lawfully take and hold such real es- 
tate, not exceeding in value the sum of twenty 
thousand dollars, and such personal estate, not ex- 
ceeding in value the sum of thirty thousand dol- 
lars, as may be suitable and convenient for the ma- 
nufacture aforesaid. 

[Approved by the Governor, February 5, 1831.] 



Persons incor- 



PIG. COVE HAKB. COMP. Feb. 5, 1831. 5.39 



CHAP. XXXIV. 

An Act to incorporate the Pigeon Cove Harbor 
Company. 

Sec. I. JoE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Charles Whee- 
ler, John W. Wheeler, David Babson, and Gor- porateii. 
ham Babson, their associates, successors and as- 
signs, be, and they hereby are made a corporation, 
by the name of the Pigeon Cove Harbor Compa- 
ny, and by that name may sue and be sued : and 
said corporation shall have the power to use a com- 
mon seal, to make by laws for the regulation of the 
affairs of the corporation, and to purchase, take, 
hold and convey such real and personal estate, not 
exceeding in amount the sum of one hundred thou- 
sand dollars, as may be necessary to erect and 
maintain a pier or breakwater in Pigeon Cove in 
the town of Gloucester, on the North East side of 
said Cove, commencing at the Pillions (so called) 
and extending in a South Easterly direction to the 
Great Ledge, which lies at the mouth of said Cove ; 
and from said ledge in a south westerly direction, 
to another ledge which is covered at low tide. 

Sec. 2. Be it further enacted, That said corno- „ , 

Mtiv Inv out 

ration shall have power to explore, and lay out one flats. 
or more parcels of flats, shores, and uplands, ex- 
tending not more than fifty rods into the sea, nor 
more than one hundred rods above high tide 
mark, in any direction most convenient for them, 
without interfering with the rights of the " Pigeon 
Cove Pier Company," for the purpose of making 
said Breakwater, or Pier, and forming a basin 
within the same : and any person sustaining any 
damage by the building of said Breakwater, or 
Pier, may apply, if within two years from the time, 
when such damage may happen, to the Court of 
Common Picas holden within, and for the County 



640 PIG. COVE HARD. COMP. Feh. 5, 1831. 

of Essex for a committee to be appointed to esti- 
mate the damage, unless the parties shall agree 
to settle the matter by arbitration or otherwise ; 
and on 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 free- 
preehoWersto holdcrs within Said county, which committee, be- 
»je appointed. -^^^ ^^^^ swom bcforc somc justice of the peace, 

appointed by said court, and giving due notice to 
both parties to appear, if they see fit, and be heard 
before them, shall proceed to the duties of their 
appointment, and they shall enquire, whether any 
damage has been sustained from the causes afore- 
said, and if any, they shall estimate the same : 
and they shall also take into consideration and set 
off against such damage, any benefits, and advan- 
tages which may result to the party complainant 
in consequence of the erection of said Breakwater, 
or Pier : and if the said benefits shall be found to 
exceed, or to equal the said damages, then the 
said committee shall make their report that the 
complainant take nothing by his complaint ; and 
they or the major part of them, shall make return 
of their doings, as soon as maybe, into the said 
court, and upon the acceptance of the said report, 
judgment may be rendered for the prevailing party 
with reasonable costs. Provided, nevertheless, that 
either party, after the return of said report, may 
claim a trial by jury : and the court shall thereupon 
stay judgment on said report, and upon such ap- 
plication, shall order a trial by jury at the bar of 
said court. And the said jury shall inquire into 
the damages and estimate the same, if any ; and 
shall also take into consideration, and set oflT 
against such damage, any benefits which may re- 
sult to the party complainant in consequence of the 
erection of such Breakwater, or Pier : and if the 
said benefits shall be found to exceed, or to equal 
the said damages, then the said jury shall return 



PIG. COVE HARD. COMP. Feb. 5, 1831. 541 

their verdict for the respondents, and judgment 
shall be rendered for the respondents for costs. 
And if the party applying for a jury shall not ob- 
tain, in case it be the original apphcant, an in- 
crease of damages, or in case it be the original re- 
spondent, a decrease of damages awarded by the 
committee, such party shall pay reasonable costs 
of such trial by jury, or otherwise shall recover 
reasonable costs ; and upon any judgment, render- 
ed upon the report of such committee, or the ver- 
dict of such jury, the court may issue execution 
accordingly on the motion of the party entitled 
thereto, and an action of debt may be maintained 
on such judgment. And if, upon notice to said 
corporation aforesaid, to shew cause, why such 
committee should not be appointed, said corpora- 
tion shall appear, and deny the complainant'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 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 certiilcate 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 commit- 
tee shall bo appointed. 

Sec. 3. Be it further enacted., That if any person. Damages for 
or persons shall wilfully injure any part of said Break- '"J"""^ ^'*"'" 
water, or Pier, or any works appertaining to the same, 
such person, or persons for every such offence, shall 
forfeit and pay to the said corporation, treble such da- 
mages, as said corporation shall prove that they have 
sustained by means thereof, before any justice or 
court, and jury, before whom the trial shall be, to be 
sued for, and recovered with costs, in any court 
proper to try the same. And such offender or of- 
fenders shall farther be liable to indictment for 
such offence, or offences, and on conviction there- 
of, shall be sentenced to pay a fine to the use of the 



542 PIG. COVE HAllB. COMP. Feb. 5, 1831. 

Commonwealth, of not less than ten dollars, nor 
more than one hundred dollars. 
Capital Stock. Sect. 4. Be it fut'tlier euacted, That the capital 
stock of said corporation shall be divided into one 
hundred shares, of one hundred dollars each, cer- 
tificates of which shall be issued under the seal of 
the corporation, and be signed by the president, 
and countersigned by the treasurer thereof, and the 
said shares shall be deemed personal estate, and 
may be transferred in such manner, as the corpora- 
tion shall direct : and the corporation may make 
assessments on the shares. Provided, however, 
that the whole amount of assessments on each 
share above the original value thereof, shall not 
exceed the sum of fifty dollars ; and in case the 
amount of such assessments will not supply the ne- 
cessary funds, the corporation may create and sell 
any number of new shares, necessary to supply the 
requisite funds. And if the proprietor of any 
share shall neglect or refuse to pay any assess- 
ment, for the term of sixty days from the time the 
same shall become due, the share or shares of 
such proprietor may be sold at public auction, no- 
tice of the time and place being given by the trea- 
surer, in any newspaper printed in the county of 
Essex, three weeks before the time appointed for 
such sale, and also by posting up notifications in 
two or more public places in the town of Glouces- 
ter, ten days at least before such sale. And the 
proceeds of such sale shall be applied to the pay- 
ment of the assessments due on the share or shares 
so sold, with incidental charges ; and the surplus, 
if any, shall be paid to the proper owner, or his le- 
gal representative on demand ; and the purchaser 
or purchasers of such share or shares shall receive 
a new certificate, or certificates thereof. Provid- 
ed however, that if before the actual sale of any 
■ such share, the proprietor thereof shall pay the as- 
sessments due thereon, with interest from the time 
they became due, and all reasonable charges, the 
sale shall not proceed. 
^ Sec. 5. Be it further enacted. That the said cor- 



PIG. COVE HARB. COMP. Feb. 5, 1831. 54 

poration shall be entitled to ask and receive, for 
their benefit, for all vessels, rafts, or other articles, 
coming within the said basin, such dockage or 
rents, and such wharfage on all goods and property 
as shall be landed or taken off within their limits, 
as such corporation, at a legal meeting held for 
that purpose, may determine to be necessary and 
sufficient. And the said corporation may contract, 
by the year or otherwise, with any person, as to the 
terms on which he may have the privilege of using 
said basin. 

Sec. 6. Be ii further enacted^ That the persons First meeting, 
named in the first section, or any two of them, may 
call the first meeting of said corporation, by giving 
at least seven days notice of such meeting, and the 
time and place thereof, in any newspaper printed 
in the county of Essex, and by posting up notices 
of said meeting in two or more public places in the 
town of Gloucester, seven days at least previous 
thereto. And the number, powers, duties, and 
names of the officers of said corporation, and the 
time and manner of choosing them, may be deter- 
mined by the by-laws ; and at all meetings of the 
corporation, each stockholder shall be entitled to 
one vote for every share held by him, but no one 
stockholder shall have more than ten votes ; and 
absent stockholders may vote by proxy, duly autho- 
rized in writing. 

Sec. 7. Be it further enacted, That this act may 
be amended or repealed at the pleasure of the legis- 
lature. 

[Approved by the Governor, February 5, 1831.] 

72 



544 



TOWN OF WRENTHAM. 



Feb. 7, 1831. 



CHAP. XXXV. 



Description of 
landt 



An Act to annex a gore of land to the town of 
Hardwick. 

JjE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That the following descri- 
bed gore of unincorporated land be annexed to, and 
made a part of, the town of Hardwick, in the 
county of Worcester, to wit : beginning at the 
North West corner of said Hardwick, and running 
North seventy degrees East, five rods, to the South- 
erly corner of Petersham, thence South, forty-one 
degrees and one fourth East, one hundred and 
eighty-four rods on the line of Petersham, to the 
South East corner thereof, and thence North thirty- 
seven and one half degrees West, one hundred and 
eighty-six rods, on the line of Hardwick, to the 
bound first mentioned. 



[Approved by the Governor, February 7, 1831.] 



Boundaries. 



CHAP. XXXVI. 

An Act to set off a part of the town of Wrentham, 
and annex it to the town of Foxborough. 

13 E it enacted by the Senate and House oj 
Representatives, in General Court assembled, and by 
the authority of the same, That so much of the 
town of Wrentham, with the inhabitants thereon, 
as lies easterly of the following described line, be 
set off from said Wrentham, and annexed to the 
town of Foxborough, to wit : beginning at a mon- 
ument on Flat Rock, (so called,) on the line be- 



TOWN OF WESTERN. Feb. 7, 1831. 546 

tween said towns, and thence running North twenty 
seven and one half degrees East, one hundred and 
forty rods, to a stake and stones on the dividing 
line between said towns : provided, however, that 
the inhabitants and land thus set off shall be holden 
to pay all taxes heretofore assessed, in the same 
manner as if this act had not been passed. 

[Approved by the Governor, February 7, 1831.] 



CHAP. XXXVII. 

An Act to set off certain land from the town of 
Western, and to annex it to the town of Palmer. 

1>E 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 
town of Western, in the county of Worcester, as 
lies westerly of the following described line, be set 
off from said Western, and annexed to the town of 
Palmer, in the county of Hampden, to wit : begin- 
ning at a rock in the line between said towns, mark- 
ed W. P., and running North forty-two and one half 
degrees East, one hundred and ninety-two rods, to Boundariesi 
a monument in the line between said towns, marked 
W. P., being the same territory set off from Palmer 
to Western, by an order of the General Court, pass- 
ed January fifth, one thousand, seven hundred, and 
sixty-four ; provided, hoivever, that all taxes hereto- 
fore assessed upon said territory shall be collected 
in the same manner as if this act had not been 
passed. 

[Approved by the Governor, February 7, 1831.] 



546 



GLOUCESTER FIRE DEPART. Feb. 7, 1831. 



CHAP. XXXVIII. 



An Act to establish a Fire Department in the First, 
or Harbor Parish in the town of Gloucester. 

Sec. 1. JBE it enacted btj the Senate and House 
of Representatives in General Court assembled, and 
by tlie authority of the same, That the Fire Depart- 
ment of the First, or Harbor Parish of the town of 
Firefiepariment, Glouccstcr, shall hcrcaftcr consist of a chief engi- 

of whom to con- . ' 5 •-" " _ _ & 

fiist. neer, and as many assistant engineers, not exceed- 

ing twelve, as the selectmen of said town shall an- 
nually, on the first Wednesday of April, appoint, 
who shall hold their offices for one year, from the 
first day of May next succeeding ; also, as many 
engine men, hose men, and hook and ladder men, 
as the said engineers shall annually, on the first 
Wednesday of April, or as soon thereafter as may 
be, appoint; provided, that the number of engine 
men shall not exceed fifty for every hydraulion or 
suction engine, thirty for every common engine, 
five for every hose carriage, and twenty-five hook 
and ladder men. 

Sect. 2. Be it further enacted, That the engineers 
so appointed be, and they are hereby authorized 
and required to exercise all the powers, and to per- 
form all the duties, in relation to the nomination and 
appointment of engine men, which the selectmen 
of said town have been heretofore authorized and 
required to exercise and perform ; and engine men 
appointed by said engineers shall be subject to the 
same duties, and entitled to the same privileges and 
exemptions, as engine men are by law entitled to, 
when appointed by the selectmen. 

Sect. 3. Be it further enacted, That the chief en- 
gineer and engineers so appointed shall have the 
same power and authority, relative to pulling down 
or demolishing any house or other building, to pre- 
vent the spreading of fires, and relative to all other 
matters and things affecting the extinguishment or 



Fevers. 



May demolish 
Ixiildingg. 



GLOUCESTER FIRE DEPART. Feb. 7, 183L 547 

prevention of fires, or the commanding assistance 
at them, as fire wards now by law have ; and the 
said town of Gloucester shall be liable to pay all 
such reasonable compensation or damage done by, 
or consequent upon, the acts or direction of said 
chief engineer or engineers, as other towns in this 
Commonwealth are liable to pay in like cases, for 
like acts and directions done or given by their fire- 
wards. And all fines and forfeitures arising within Forfeitures, how 
the said First or Harbor Parish of Gloucester, un- d'^" ''^"t^'^- 
der the laws of this Commonvvealth, relative to the 
extinction or prevention of, or proceedings at, fires, 
shall be distributed in such manner, and applied to 
such uses, as the said town of Gloucester shall or- 
dain and direct. 

Sec. 4. Be it further enacted, That the members Members exempt 

of said fire department shall be exempted from all f'om military 

.,. 1 ^1 . . , •!• • 1 duty- 

miutary duty and service in the militia, so long as 

they shall continue members thereof; and it shall 
be the duty of every person so exempted to produce 
to the commanding officer of the company within 
whose bounds he resides, a certificate of his ap- 
pointment, within twenty days from and after his 
appointment, and annually thereafter in the month 
of April. 

Sec. 5. Be it further enacted, That if any person 
shall, within the aforesaid First or Harbor Parish of Punishment for 
Gloucester, wantonly and maliciously spoil, break, ^'J"""s p"'"p*'' 
injure, damage, or render useless, any public pump 
or cistern, or any engine hose, or sail carriage, or 
any fixture or appendage thereunto belonging, and 
shall be convicted thereof, before the Supreme Ju- 
dicial Court, he shall be punished by a fine not ex- 
ceeding five hundred dollars, or by imprisonment 
not exceeding two years, at the discretion of the 
court, and be further ordered to recognize, with 
sufficient surety or sureties, for his good behaviour, 
for such term as the court shall order. 

Sec. 6. Be it further enacted, That from and after 
the organization of a fire department under this Jlpe'^kdr"'' 
act, and notice thereof being given in the Glouces- 
ter Telegraph, published in said town of Gloucester, 



648 



When to be in 
force. 



GAOL IN HAMPSHIRE. 



Feb. 8, 1831. 



all laws of this Commonwealth relating to the elec- 
tion and appointment of firewards, so far as they 
affect the election and appointment of firewards in 
the said First or Harbor Parish of Gloucester, be, 
and the same are hereby repealed. 

Sect. 7. Be it further enacted, That the pro- 
visions of this act shall take effect, and be in force 
as soon as the same shall be accepted by the citi- 
zens of said town qualified to vote in town affairs, 
at a legal meeting held for that purpose, and shall 
continue in force, until altered, amended or repeal- 
ed by the legislature. 

[Approved by the Governor, February 7, 1831.] 



Sheriff to re- 
move prisoners. 



CHAP. XXXIX. 

An Act authorizing the county of Franklin to make 
use of the gaol in the county of Hampshire. 

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 when the Coun- 
ty Commissioners for the county of Franklin shall 
deem it necessary to remove the prisoners who may 
be confined in the gaol in said county to a place of 
greater security, it shall be lawful for the sheritf of 
said county or his deputy, and he is hereby author- 
ized to remove all such prisoners so confined, as 
well those confined for debt as for any other 
cause, to the gaol in Northampton, in the county 
of Hampshire, and the keeper of said gaol is here- 
by authorized to receive and detain in his custody 
all such prisoners so removed, and shall have the 
same powers, and shall perform the same duties in 
respect to such prisoners, as if they had been ori- 
ginally committed in said county of Hampshire, 
and all the rights and privileges of debtors and 



GAOL IN HAMPSHIRE. Feh. 8, 1831. 549 

creditors interested in such commitments shall re- 
main the same as if such debtors had continued in 
gaol in the county of Franklin. 

Sec. 2. Be it further enacted, That all officers Powers and 
in the county of Franklin, having authority to com- '""'^s^^' 
mit prisoners to gaol, are hereby authorized, to 
commit their prisoners to the gaol in Northampton, 
in the county of Hampshire, and all persons so 
committed by officers of the county of Franklin to 
the gaol in Northampton aforesaid, shall be entitled 
to the same benefits and privileges as they would 
had they been committed to gaol in the county of 
Franklin, and it is hereby made the duty of the 
proper magistrates and officers of the county of 
Hampshire, to administer all oaths and perform all 
other services necessary for that purpose — provid- 
ed, the consent of the county commissioners of the 
county of Hampshire, thus to use and occupy the 
said gaol in Northampton for the purposes afore- 
said, be first had. Provided also, that all expenses 
occasioned by the operation of this act shall be 
paid by the county of Franklin. 

Sec. 3. Be it further enacted, That this act shall ^,'emr'""^''' 
continue, and be in force, until the county com- 
missioners of the county of Franklin shall decide 
that the gaol in said county is sufficient for the safe 
keeping of all such prisoners as may be committed 
to it. 

[Approved by the Governor, February 8, 1831.] 



550 



READ. AG. AND MECH. AS. Feb. 10, 1831. 



Alteration of 
term. 



CHAP. XL. 

An Act to alter the terms of the Court of Common 
Pleas in the County of Hampden. 

JjE it enacted bij the Senate and House of 
Representatives in General Court assembled, and 
by the authority of the same, That from and after 
the term of the Court of Common Pleas, which is 
appointed by law to be holden in and for the coun- 
ty of Hampden, on the third Monday of March 
next, the place and times for holding said Courts, 
in and for said county, shall be as hereinai'ter men- 
tioned, viz : at Springfield, on the third Monday of 
June, on the second Monday of October, and on 
the third Monday of February, in each and every 
year, until otherwise altered and established by 
law. 



[Approved by the Governor, February 9, 1831.] 



CHAP. XLI. 

An Act to incorporate the Reading Agricultural 
and Mechanic Association. 



Persons incorpo- 
rated. 



Sec 1. j3e it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Edmund Par- 
ker, Joshua Prescott, Warren Perkins, Abiel Hol- 
den, Jonas Parker, and their associates, with such 
as may hereafter associate with them, be, and they 
hereby are incorporated, by the name of the Read- 
ing Agricultural and Mechanic Association, with 
power 10 have and use a common seal, to make 
by laws for the management of said corporation, 



HAMP. COM. MEETINGS. Feb. 10, 1831. 551 

and its funds, and for the purpose of encouraging 
agriculture and the mechanic arts, by granting 
premiums, or loans of money, and for relieving the 
distresses of unfortunate mechanics and their fami- 
lies, and to have all the privileges usually given by 
acts of incorporation to charitable societies, and 
the said corporation may hold and possess real es- 
state not exceeding the value of five thousand dol- 
lars, and the annual income of its personal estate 
shall not exceed the sum of two thousand dollars. 

Sec. 2. Be it further enacted, That Warren Per- First meeting. 
kins and Joshua Prescott are hereby authorized to 
call the first meeting of said corporation at such 
time and place as they shall appoint, by giving per- 
sonal notice to each of their associates, at which 
meeting bylaws may be made, and the mode of 
calling future meetings regulated. 

Sec. 3. Be it further enacted, That this act Amendment or 
may be amended, revised, and repealed at the lepeaiofact, 
pleasure of the Legislature. 

[Approved by the Governor, February 10, 1831.] 



CHAP. XLII. 

An Act to alter the Meetings of the County Com- 
missioners in the County of Hampden. 

1>E it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That the meetings of the Alteration of the 

'^ K • r A^ 1. c II J t"ne of nicetins. 

county commissioners of the county ot Hampden, 
instead of being holden as now established by law 
on the fourth Tuesdays of April and September, 
shall hereafter be holden on the second Tuesday of 
April, and the first Tuesday of October, and all 
processes vvhich have been returned, or shall be 
returnable to any meeting of said commissioners, 
73 



652 FISH, &c. Feb. 16, 1831. 

and all matters and things pending therein, shall 
be returned to, have day in. and be acted upon and 
determined by said commissioners at the meetings 
thereof, as hereby established, any law to the con- 
trary notwithstanding. 

[Approved by the Governor, February 10, 1831.] 



CHAP. XLIII. 

An Act to prevent the destruction of Fish by Coc- 
culus Indicus, or other poisonous articles. 

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 first day of April next, no person shall put, cast, 
or throw into any of the waters of this Common- 
wealth, for the purpose of taking or destroying any 
Fish being in any of said waters, any of the Coccu- 
lus Indicus, (otherwise called Indian berry or In- 
dian cockle) or any other poisonous article, whe- 
ther the same be mixed with any other substance 
or not, on pain that every person so offending, shall 
forfeit and pay the sum of ten dollars for every 
Forfeiture in such offencc, to bc rccovcrcd by complaint to any 

case of offence. . ,. „ , . . •' jV, -i r 

justice of the peace, m the name and to the use of 
the Commonwealth, or by an action of debt before 
any such justice, in which case, one moiety of said 
forfeiture shall enure to the use of the plaintiff, and 
the other moiety thereof to the use of the Com- 
monwealth. 

[Approved by the Governor, February 16, 1831.] 



M. PLEASANT CLAS. INST. Feb. 16, 1831. 663 



CHAP. XLIV. 

An Act to incorporate the Proprietors of the Mount 
Pleasant Classical Institution. 



Persons incor- 



Sec. 1. xiE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Francis Fellowes, porat°e"d. 
Joel W. Newton, and Martin Thayer, with their 
associates, successors and assigns, be, and they 
hereby are made a body politic and corporate, by 
the name of the Proprietors of the Mount Pleasant 
Classical Institution, in the town of Amherst in the 
County of Hampshire, for the advancement of the 
purposes of education and instruction in the libe- 
ral sciences and arts, and the said corporation shall 
have power from time to time to choose a clerk, 
treasurer, and such other officers as they may judge 
necessary, may have a common seal, which they 
may alter or renew at their pleasure, may make 
contracts, sue and be sued in all actions, and pro- 
secute and defend the same to final judgment and Rules nnd regu- 
execution, and may make and establish any bylaws, 'ations. 
rules and regulations for the government of their 
affairs, for the division of their property into shares, 
and for the sale and transfer thereof. Provided 
the same are not repugnant to the constitution and 
laws of this Commonwealth. 

Sec. 2. Be it further enacted, That said corpo- j, , ^^^^^ 
ration may lawfully hold and possess such real es- 
tate, not exceeding in value the sum of fifty thou- 
sand dollars, and such personal estate, not exceed- 
ing in value the sum of thirty thousand dollars, as 
may be necessary and convenient, the income or 
proceeds of which shall be appropriated for the 
benefit of education and for no other purpose. 

Sec. 3. Be it further enacted. That said cor- Assrssmemon 
poration may from time to time, at any legal ^'^^'^°' 
meeting called for the purpose, assess upon each 



554 



COURTS OF PROBATE. 



Feb. 16, 1831. 



Sale of shares 
to pay assess- 



First meeting 



share in the capital stock such sum or sums of mo- 
ney as they may judge expedient for the objects of 
the corporation, and for defraying the expenses 
thereof, to be paid to the treasurer at such times as 
they may direct ; and if any proprietor shall ne- 
glect to pay any such assessment for the space of 
ten days after such time of payment, it shall be 
lawful for the treasurer to sell at public vendue 
such part of the shares of such delinquent proprie- 
tor as may be sufficient to pay such assessment 
with incidental charges, giving notice in some news- 
paper printed in said county of the time and place 
of sale, and the sum due on each share three weeks 
successively before the day of sale, and such sale 
shall be a legal transfer of the share or shares so 
sold to the purchasers thereof. 

Sect. 4. Be it further enacted, That any one of 
the persons named in this act may call the first 
meeting of said corporation by personal notice of 
the time and place of meeting, given to each of 
the persons named herein ten days before the time 
of meeting. 

Sec. 5. Be it further enacted, That the legisla- 
ture may at any time alter or repeal this act. 

[Approved by the Governor, February 16, 1831.] 



CHAP. XLV. 

An Act in addition to an Act entitled " An Act to 
regulate the jurisdiction and proceedings of 
the Courts of Probate." 



JlJe it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the Courts 
of Probate of the respective counties in this Com- 
monwealth, shall have authority, upon the petition 



BROAD COVE DAM COMP. Feb. 17, 1831. 

of guardians of minors and others, executors and 
administrators, to license the sale by auction of the 
real estate of their wards, testators and intestates, 
in all cases where the Supreme Judicial Court now 
have authority to grant such license : and the per- 
son or persons so licensed shall give the bond, no- 
tice, and take the oath which are now by law re- 
quired, when license is granted by the Supreme 
Judicial Court. Provided^ that no such license 
shall be granted until after such notice has been 
given to all persons interested therein as is direct- 
ed in the tenth section of the act to which this is 
in addition ; and provided further that an appeal 
shall be allowed from any order, decree, sentence, 
decision, or denial of any Judge of Probate res- 
pecting any petition for such license, in like man- 
ner as in other cases. 

[Approved by the Governor, February 16, 1831.] 



565 



Courts of Pro- 
bate empower- 
ed to license 
the sale of real 
estate. 



CHAP. XLVI. 



An Act to incorporate the Broad Cove Dam Com- 
pany. 

Sec. 1. OE it enacted by the Senate and House 
of Representatives in General Court assembled, and by 
the authority of the same, That Rufus W. Lincoln, 
Luther J. Barnes, Thomas Loring, Henry Nye, 
Rufus Lane, Francis G. Ford, Ensign Barnes, Jr., 
Daniel Basset, Moses L. Humphrey, their associ- 
ates and successors, be, and they are hereby con- 
stituted a body corporate and politic, by the name 
of the Broad Cove Dam Company, for the purpose 
of making, upholding, and maintaining a dam 
across Broad Cove, in Hingham, extending from 
or near a place called Major's wharf to Otis' Hill, 
and to enable said corporation to provide within 



Persons incor 
poratod. 



556 



BROAD COVE DAM COMP. Feb. 17, 1831. 



Corporation 
may hold and 
possess real and 
personal estate. 



said dam a place of security for vessels from the 
fifteenth day of November to the fifteenth day of 
March, in each and every year ; and said corpora- 
tion may sue and be sued by their name aforesaid, 
Ss^lT^^*"" h^'Ve a common seal, and ordain and establish such 
by-laws and regulations, not repugnant to the con- 
stitution and laws of the Commonwealth, and choose 
such officers, as the good management of said body 
corporate may at all times require, and may pur- 
chase, receive by gift or devise, and hold real and 
personal estate, provided the amount thereof shall 
not exceed the sum of thirty thousand dollars. 

Sect. 2. Be it further enacted, That said corpo- 
ration shall cause to be erected, in some convenient 
part of said dam, suitable gates to permit vessels to 
pass and repass from the fifteenth day of March to 
the fifteenth day of November, in each year, and 
between the fifteenth day of November and the fif- 
teenth day of March, in each year, are authorized 
to close said gates, to exclude the tide therefrom, 
for the security of vessels within. And any person 
sustaining any damage by the creation of said dam, 
or the exclusion of said water, may apply, within 
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 Ply- 
mouth, for a committee to be appointed, to esti- 
mate 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 appoin- 
ted, shall, if no good cause be shewn to the contra- 
ry, appoint three 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 par- 
ties to appear, if they see. fit, and be heard before 
them, shall proceed to the duties of their appoint- 
ment ; and they shall enquire whether any damage 
has been sustained from the causes aforesaid, and 
if any, they shall estimate the same. And, where 



Duty of commit 
tee. 



BROAD COVE DAM COMP. Feb. 17, 1831. 657 

the damage is annual, they shall so declare the 
same in their report ; and they shall also take into 
consideration, and set off against said damage, any 
benefits and advantages which may result to the 
party complainant in consequence of the said dam ; 
and if the benefits shall be found to exceed, or to 
equal the damages, then the said committee shall 
make their report, that the complainant take no- 
thing by his complaint ; and they, or a major part committee shall 
of them, shall make return of their doings, as soon '*^°"' 
as may be, into the said court, and upon the ac- 
ceptance of said report, judgment may be rendered 
for the prevailing party, with reasonable costs ; pro- 
vided, nevertheless, that either party, after the return 
of said report, may claim a trial by jury, and May claim trial 
the said court shall, thereupon, stay judgment on ^yj"'^^- 
said report, and a trial shall be had by jury, at the 
bar of said court ; and the said jury shall enquire 
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 re- 
sult to the party complainant, in consequence of 
the said dam being erected ; and if the said bene- 
fits shall be found to exceed, or to equal the said 
damages, then the said jury shall return their ver- 
dict for the respondents, and judgment shall be ren- 
dered for the respondents for costs ; and if the 
party applying for a jury shall not obtain, in case it 
be the original applicant, an increase of damages, 
or in case it be the original respondent, a decrease 
of the damages awarded by the committee, such 
party shall pay reasonable costs of such trial by 
jury, otherwise shall recover reasonable costs ; and 
upon any judgment rendered upon the report of 
such committee, or the verdict of such jury, the 
court may issue execution 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 corpora- 
tion as aforesaid, to shew cause why such commit- 
tee should not be appointed, said corporation shall 



658 BROAD COVE DAM COMP. Feb. 17, 1831. 

appear and deny the title to the lands or other pro- 
perty damaged, or shall claim a right to do the acts 
complained of, without the payment of damages, 
or for an agreed compensation, the said court shall 
first order a trial of the issue at the bar of said 
court, and, if there is an issue in law, shall try it 
themselves ; and, in either case, either party may 
appeal to the Supreme Judicial Court, as in other 
eases, 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. 

Sect. 3. Be it further enacted, That if any per- 
Penaity for in- SOU or pcrsous shall wilfully, maliciously, or contra- 
junng gates. ^^ ^^ |^^^^^ ^^^^ ^^^ rcmovc, break down, or dig 

under, or otherwise injure said dam and gates, or 
any work appertaining to the same, or any part 
thereof, such person or persons shall forfeit and 
pay to said corporation, treble such damages as 
said corporation shall, to the justice or court and 
jury before whom the trial shall be, make appear 
that they have sustained, by means of the said tres- 
pass, to be sued for and recovered, with costs, in 
any court proper to try the same. And if any per- 
son or persons shall open the gates of said darn, 
without the consent of said corporation, at any time 
between the fifteenth day of November and the 
fifteenth day of March, such person or persons shall 
forfeit and pay treble the damages caused thereby, 
to said corporation, or to the owners of any vessel 
within said dam, to be recovered with costs, as 
aforesaid. 

Sect. 4. Be it further enacted, That the stock, 
stocktobe.iivi- or property of said corporation, shall be divided 
ded into shares, jj^^^ sharcs, uot to cxcccd thrcc hundred in num- 
ber, certificates of vv^hich shall issue under the seal 
of said corporation, and be signed by the president 
and treasurer thereof; and the said shares shall be 
taken and deemed to be personal estate, and may 
be transferred by endorsement, and such transfer 
shall be recorded by the secretary of said corpora- 



BROAD COVE DAM COMP. Feb. 17, 1831. 659 

tion ; and said corporation may make assessments May make as- 
on the shares for the purpose of effecting the objects '"'™^"'^- 
of the corporation : provided, however, that the 
whole amount of assessments on each share, after 
deducting the amount of all dividends previously 
declared thereon, shall not exceed the sum of fifty 
dollars. And, in case the amount so assessed on 
each share, will not supply the necessary funds, the 
corporation may raise the funds required by selling 
any shares not subscribed for, or by creating any 
necessary number of shares, over and above the 
said three hundred. And if the proprietor of any 
share or shares shall refuse or neglect to pay any 
assessments, for the term of sixty days after the 
same hath become due, the share or shares, on 
which there is a delinquency, may be sold at pub- Delinquent's 
lie auction, notice of the time and place being ^'tYuction''^ ^°''^ 
given, by the treasurer of said corporation, in the 
Hingham Gazette, three weeks at least before the 
time appointed for such sale, or by posting up no- 
tifications in three public {)laces in said town of 
Hingham, ten days at least before the sale, and the 
proceeds of such sale shall be applied to the pay- 
ments due on such share or shares so sold, with in- 
cidental charges, and the surplus, if any, shall be 
paid to the former owner, or his legal representa- 
tive, on demand. And such sale shall give good 
and complete title to the purchaser or purchasers 
of such share or shares, who shall receive a new 
certificate thereof; Provided, however, that if be- 
fore the actual sale of any such delinquent share or 
shares, the proprietor thereof pay the assessments 
due thereon, and all necessary and reasonable 
charges, the sale shall not proceed. 

Sec. 6. Be it further enacted, That the said cor- 
poration shall be entitled to ask and receive, for May ask deck- 
their sole use and benefit, from all vessels or boats ^^' 
coming within said dam into the basin by it enclo- 
sed, such dockage as the proprietors thereof may 
agree upon at a legal meeting held for that purpose. 

Sec. 6. Be it further enacted, That Kufus W. 
Lincoln, Luther J. Barnes, and Thomas Loring, 
74 



560 EXPORTA. OF ARTICLES. Feb. 17, 1831. 

First meeting, named ill the first section of this act, or any two of 
them, may call the first meeting of said corpora- 
tion, to be holden at such time and place as they 
may judge proper, of which meeting they shall give 
notice by publishing it in the Hingham Gazette, or 
by posting up said notice in three public places in 
said Hingham, ten days at least before said meet- 
ing. And at meetings of said corporation, each 
share shall be allowed one vote, provided, however, 
that no one proprietor shall be allowed more than 
ten votes, and absent proprietors may vote by proxy 
duly authorized in writing. 

Sec. 7. Be it further enacted, Tliat this act may 
be amended or repealed at the pleasure of the 
legislature. 

[Approved by the Governor, February 17, 1831.] 



CHAP. XLVII. 

An Act in relation to the Exportation of Articles 
subject to Inspection. 

-lSe it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
ike authority of the same, That, from and after the 
passage of this act, it shall not be required of any 
owner or shipper of any article whatever, required 
by the laws of this Commonwealth to be inspected 
before the same is exported, or of any master of a 
vessel, in which such article may be exported, to 
obtain of any inspector of such article, and to pro- 
duce to the collector, or any other officer of the 
United States, authorized to clear vessels, a certi- 
ficate that such article has been inspected and 
branded agreeably to law, as a requisite to obtain 
a clearance of any vessel, any thing in the inspec- 
tion laws of this Commonwealth to the contrary 
notwithstanding. 

[Approved by the Governor, February 17, 1831.] 



DARTM. ANUN. BEDFORD. Feb. 19, 1831. 561 



CHAP. XLVIII. 

An Act altering the dividing line between the 
towns of Dartmouth and New Bedford. 

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 vvhemotake 
passing of this act. the dividing line between the 
towns of Dartmouth and New Bedford shall be as 
follows, viz. — beginning at the beach at Clarke's 
Cove — thence north nine and one half degrees 
west, six rods to the middle of the bridge in the 
road leading across said beach — thence on the 
same course two hundred and forty-six rods to the 
southeast side of ihe Aponagansetroad, opposite to 
the bridge — thence north, twenty six degrees west, 
two hundred and seventy six rods to the south side 
of the road leading from New Bedford to Smith's 
mills opposite to the westernmost bridge — thence 
north twenty two degrees west, about two hundred 
ninety four rods to a large peaked rock in the wes- 
terly part of Ebenezer Hathaway's farm — thence 
north thirty one degrees east, about two hundred 
and sixty rods to the bridge on the old road lead- 
ing to Smith's mills — thence north forty seven de- 
grees west, about five hundred and eighty six rods 
to a marked maple tree on the south sideof Phihp 
Allen's mill dam — thence north fifteen degrees east, 
about one thousand and seventy three rods to the 
Freetown line. Provided, however, that the land 
set from New Bedford to Dartmouth, or from Dart- 
mouth to New Bedford, by the establishment of the 
line as aforesaid, shall be holden to pay all taxes 
heretofore assessed upon them, the same as if this 
act had not been passed. 



[Approved by the Governor, February 19, 1831.] 



562 ACCESSORIES IN FELONIES. /6'6. 19,1831, 



CHAP. XLIX. 

An Act for the prosecution and punishment of Ac- 
cessories in Felonies. 



Sec. 1. iSK it enacted by the Seriate and House 
of Rep resell! atives in General Court assembled, and 
by the authority of the same, That if any person 
shall counsel, hire, or otherwise procure the com- 
mission of a felony, and any other person shall by 
fmSd.'^''''""^ means thereof commit the same, whether it be 
a felony at common law, or by virtue of any 
statute or statutes made, or hereafter to be made, 
the person so counselling, hiring, or otherwise pro- 
curing, shall be deemed guilty of felony, and may 
be indicted and convicted, either as an accessory 
before the fact to the principal felony, together 
with the principal felon, or after the conviction of 
the principal felon ; or may be indicted and con- 
victed of a substantive felony, whether the princi- 
pal felon shall or shall not have been previously 
convicted, or shall or shall not be amenable to jus- 
tice, and may be punished in the same manner as 
any accessory before the fact to the same felony, 
if convicted as an accessory, may be punished. 
Sec 2. Be it further enacted, That the offence 
Se^offencltu ^f thc pcrsou SO couuselling, hiring, or otherwise 
bctried. procuriug, howsocvcr indicted, may be inquired of, 

tried, determined, and punished by any court 
which shall have jurisdiction to try the principal 
felon, in the same manner, as if such offence had 
been committed at the same place, as the princi- 
pal felony, although such offence may have been 
committed either on the high seas, or at any place 
on land, whether within or without the limits of 
this Commonwealth, and if the principal felony 
shall have been committed within the body of any 
county, and the offence of counselhng, hiring, or 



HAVERHILL INS. CO. Feb. 19, 1831. 663 

otherwise procuring, shall have been committed 
within the body of any other county, the last men- 
tioned offence may be inquired of, tried, determin- 
ed, and punished in either of said counties. 

Sec. 3. Beit further enacted, That if any person ^^e^^facr^ '^^'^"^ 
shall become an accessory after the fact to any felo- 
ny, whether the same be a felony at common law, 
or by virtue of any statute or statutes made, or 
hereafter to be made, the person so becoming an 
accessory after the fact may be indicted and con- 
victed, whether the principal felon shall or shall 
not have been previously convicted, or shall or 
shall not be amenable to justice, and the offence of 
the person so becoming an accessory after the fact 
may be inquired of, tried, determined, and punish- 
ed, by any court having jurisdiction to try the prin- 
cipal felon, and if the principal felony shall have 
been committed within the body of any county, 
and the act by reason whereof any person shall be- 
come an accessory to such felony, shall have been 
committed within the body of any other county, the 
offence of such accessory may be inquired of, tried, 
determined, and punished in either of said counties. 

[Approved by the Governor, February 19, 1831.] 



CHAP. L. 

An Act to incorporate the Haverhill Mutual Fire 
Insurance Company. 

Sec. 1. jJE it enacted hy the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Warner Whit- Perso..s inco.po- 
tier, Isaac R. Howe, Moses Gale, David How, '^'^^ 
Nathaniel Hills, John Marsh, William Caldwell, 
John Dow, James Gale, and their associates, sue- 



564 



HAVERHILL INS. CO. 



Feb. 19, 1831. 



Insurance of 
goods, &c. 



Officers, &c. 



Funds, how ap- 
plied. 



Execution how 
levied. 



cessors and assigns, are hereby constituted a cor- 
poration, by the name of the Haverhill Mutual Fire 
Insurance Company, with all the powers and privi- 
leges incident to such corporations, for the term of 
twenty eight years. 

Sec. 2. Be it further enactech That vvhen the 
sum subscribed to be insured shall amount to fifty 
thousand dollars, said corporation may insure, for 
the term of one to seven years, any buildings, 
goods, books, or furniture to any amount not ex- 
ceeding three quarters of the value of the proper- 
ly injured. 

Sec. 3. Be it further enacted, That said corpo- 
ration may choose such officers, and establish such 
bylaws, as they may deem necessary, not repug- 
nant to the constitution and laws of this Common- 
wealth ; and each member shall have as many votes 
as he has policies, and may vote by proxy. 

Sec. 4. Be it further enacted, That the funds of 
said corporation shall be vested in stocks, or loan- 
ed on such security as the directors may order, 
and shall be appropriated, first to pay the expen- 
ses of the corporation, and next to pay the dama- 
ges which any person may be entitled to recover 
on his policy. In case any person shall have a 
just claim on the corporation exceeding the 
amount of the existing funds thereof, the directors 
shall without delay assess such sum as may be ne- 
cessary on the members of the corporation, in pro- 
portion to the amount of their premiums and depo- 
sits for seven years, but not to exceed treble the 
amount of such premiums and deposits. 

Sec. 5. Be it further enacted. That whenever 
any person shall recover judgment against said 
corporation, he may levy his execution upon their 
estate or funds ; but if sufficient estate or funds 
cannot be found, he may levy the same on the pri- 
vate property of any one of the directors, provided 
they first refuse or neglect for the space of sixty 
days to satisfy the execution, after a formal de- 
mand made on them for that purpose ; and any di- 



HAVERHILL INS. CO. Feh. 19, 1831. 565 

rector whose property may be thus taken, may sus- 
tain an action of the case against the corporation 
to recover full and adequate damages therefor. 

Sec. 6. Be it further enacted. That each policy J^"'''^^ "^f'*'* "* 

P . 1 1 1 r' • 1 r • 1 1 "^" °" buildings 

01 insurance shall or itseli, without any other cere- insured. 
mony, create a lien on any building insured, and on 
the land under it, for the payment of the premium 
stipulated in said policy, and of all assessments 
lawfully made by virtue thereof; and this provision 
shall not prevent the taking of other collateral se- 
curity. 

Sec. 7. Be it further enacted. That in case it „ . . 

■ '-' IT Execution, how 

shall become necessary to resort to the lienor pro- to be levied, 
perty insured, the treasurer shall demand payment 
of the insured, or his legal representative, and like- 
wise of the tenant in possession, and in case of 
nonpayment, the corporation may sustain an ac- 
tion for any sum due either on the deposit note, or 
by assessment ; and their execution may be levied 
on the insured premises, and the officer making 
the levy may sell the whole, or any part of the es- 
tate at auction, giving notice, and proceeding in 
the same manner, as is required in the sale of equi- 
ties of redemption on execution, and the owners 
shall have a right to redeem the estate by paying 
the costs of sale, the amount of the execution, and 
twelve per cent interest thereon, within one year 
from such sale. 

Sec. 8. Be it further enacted, That every per- Members, 
son who shall be interested in this corporation, by 
insuring therein, shall be deemed a m.ember there- 
of during the term specified in his policy, and shall 
be bound by the provisions of this act, and shall, 
after the expiration of his policy or policies, have 
a right to demand and receive of the corporation 
his share of the remaining funds, in proportion to 
the amount by him actually paid. 

Sec. 9. Be it further enacted, That this corpora- 
tion shall be liable to be taxed by any general law 
of this Commonwealth taxing other similar institu- 
tions : and that any one of the persons named in 



566 FIRST CON. M. H. IN NANT. Feb. 19, 1831. 

this act may call the first meeting by advertising 
the same in the newspapers printed at Haverhill. 

[Approved by the Governor, February 19, 1831.] 



CHAP. LI. 

An Act in addition to an Act, entitled, " An Act to 
incorporate the Proprietors of the First Congre- 
gational Meeting House in Nantucket." 

13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That the sum or sums 
of money which the proprietors of the First Con- 
gregational Meeting House in Nantucket are, by 
law, authorized to raise, by assessment on the pews 
and seats in said meeting house, shall, from and 
after the passage of this act, be levied upon said 
pews and seats, according to a valuation thereof, 
which has been established by said proprietors, and 
not according to admeasurement, as is provided by 
the first section of the act to which this is in addi- 
tion, and that so much of said act as is inconsistent 
with the provisions of this act be, and the same is 
hereby repealed. 

[Approved by the Governor, February 19, 1831.] 



WORC. COUN. HIST. SOC. Feb. 19, 1831. 567 



CHAP. LII. 

An Act to incorporate the Worcester County His- 
torical Society. 

Sec. 1. 13K it enacted by the Senate and House 
oj Representatives in General Court assembled^ and 
by the authority of the same, That John Davis, Isaac Persons incorpo- 
Goodvvin, Samuel Jennison, Emory Washburn, 
William Lincoln, Joseph Allen, Christopher C. 
Baldwin, Joseph Willard, and such other persons 
as may be associated with them, are hereby made 
a body corporate, for the pur[)ose of collecting and 
preserving materials for civil and natural history, 
by the name of the Worcester County Historical 
Society, and, by that name, they and their succes- 
sors may sue and be sued, and are made capable 
in law to take and hold, in fee simple or otherwise, Mn> ik.ki rrai 
lands, tenements, and hereditaments, not exceed- rale/"*"""' *"" 
ing the yearly value of one thousand dollars, exclu- 
sive of any building used by them, for the purpo- 
ses of their association, as aforesaid. And they 
shall likewise be capable in law to take and hold 
personal estate to an amount, the yearly income 
of which shall not exceed one thousand dollars, 
exclusive of the property composing the library and 
cabinet of said society. 

Sec. 2. Be it further enacted, That the library 
and cabinet of said society shall be kept in the 
town of Worcester. 

Sec. 3. Be it further enacted. That said corpo- 
ration shall have power to make bylaws, and affix May make by- 
certain penalties fo^ the breach thereof, provided 
such by-laws are not repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 4. Be it further enacted. That any three of 
the persons above named are authorized to call the Fim meeting. 
first meeting of said corporation, by notifying the 
same in any news[)aper published in the town of 
Worcester, at which meeting said corporation may 
agree upon the manner of calling future meetings, 
75 



668 WATUPPA MAN. COMPANY. Feb. 21, 1831. 

and may proceed to execute all or any of the pow- 
ers vested in them by this act. 

Sec. 5. Be it further eriacted, That this act may 
be amended or repealed at the pleasure of the legis- 
lature. 

[Approved by the Governor, February 19, 1831.] 



CHAP. LIIl. 

An Act to incorporate the Watuppa Manufacturing 
Company. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Samuel Rodman, 
Persons in'corpo- Clark Chasc, Nathaniel B. Borden, William Slade, 
rated. gj^ ^^^ Edward Bennett, together with such others 

as may hereafter associate with them, their succes- 
sors and assigns, be, and they hereby are created 
a body corporate, by the name of the Watuppa 
Manufacturing Company, for the purpose of man- 
ufacturing cotton and woollen goods in the town 
of Troy, in the county of Bristol, and for this pur- 
pose shall have all the powers and privileges, and 
shall be subject to all the duties and requirements, 
contained and provided, respecting such corpora- 
tions, in and by an act passed on the twenty-third 
day of February, in the year of our Lord, one 
thousand, eight hundred, and thirty, entitled, "An 
Act defining the general Poivers and Duties of 
Manufacturing Corporations." 

Sec. 2. Be it further enacted, That said corpora- 
May bo seized of tion may lawfully hold and possess such real estate, 
esute'"'''^''"""' not exceeding in value, one hundred thousand dol- 
lars, and such personal estate, not exceeding in 
value, two hundred thousand dollars, as may be 
necessary and convenient for the purposes aforesaid. 



[Approved by the Governor, February 21, 1831.] 



HAWES FUND. Feb. 25, 1831. 569 



CHAP. LIV. 

An Act making further provision for the partition 
of Real Estate. 

JoE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That in all cases where 
a married woman, in this or any other state or 
country, whose husband is under guardianship, is 
seized and possessed, in her own right, of any lands, 
tenements or hereditaments, in this Commonwealth, 
it shall be lawful for such married woman to join 
with the guardian of her husband in making parti- 
tion or division thereof with the other joint tenants 
or tenants in common. And, for this purpose, such 
married woman and guardian are hereby authorized 
and empowered to make, execute, acknowledge, 
and deliver, and also to receive, any deeds, releas- 
es, or other conveyances, which may be necessary 
in making such partition or division ; and deeds, 
releases, or other conveyances, so made and exe- 
cuted, shall be as good and valid as if the same had 
been made and executed by such husband and wife, 
he being under no disability. 

[Approved by the Governor, February 21, 1831.] 



CHAP. LV. 

An Act to incorporate the Trustees of the Hawes 
Fund in 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 James Hum- faTed."* ""^'''°' 
phreys of Dorchester, in the county of Norfolk, 
and James Wright and Calvin Tilden of Boston, 



670 HAWES FUND. Feb. 25, 1831. 

in the county of Suffolk, their associates and suc- 
cessors, together with the deacons of a religious 
association incorporated by the name of the Hawes 
Place Congregational Society for the time being, 
be, and hereby are created a body corporate, by the 
name of the Trustees of the Hawes Fund in Bos- 
ton, with full power and authority to make and or- 
dain all necessary regulations and bylaws for their 
own government, and the security and management 
of the real and personal estate which the corpora- 
tion hereby created may hold, provided the same 
be not repugnant to the constitution and laws of 
this Commonwealth. 

Sec. 2. Be it further enacted, That the said 
SuaVil^.'^" trustees shall have power, and it shall be their 
duty to receive, secure, invest and hold, and to 
manage and improve all real and personal estate 
given and bequeathed to Jam.es Humphreys, Hen- 
ry Gardner, and Ebenezer Everett by John Hawes, 
late of said Boston, deceased, in and by his last 
will and testament, bearing date the twenty- third 
day of October, in the year of our Lord one thou- 
sand eight hundred and thirteen, and proved and 
approved by the Supreme Judicial Court holden at 
Boston on the first Tuesday of March, in the year 
of our Lord, one thousand eight hundred and thir- 
ty, the same having been given and bequeathed as 
in and by said will may appear, upon the special 
trust and confidence that it should be faithfully ap- 
plied to the building of a meeting house, and to the 
support of the Gospel Ministry, and of a School in 
that part of the city of Boston, called South Bos- 
ton. 
Judge of Pro- Sec. 3. Be it further enacted, That the Judge of 
™«5 "™°"' Probate of the county of Suffolk be and he hereby 
is empowered, on the representation of any persons 
who are interested in the application of said fund, 
to remove from office any trustee, who from age, 
insanity, removal from the Commonwealth, or any 
other cause, shall become incapable of discharging 
the duties of said office, and any person aggrieved 



HAWES FUND. i^e6. 25, 1831. 571 

at any decision of the Judge of Probate on such 
application, may appeal therefrom to the Supreme 
Judicial Court in the same manner, and on the 
same conditions, as appeals are at present allowed 
from the Court of Probate. 

Sec. 4. Be it further enacted, That the said ^^^^ ^^ ^"'=^"- 
trustees shall have power to fill all vacancies which 
may in any way arise in said corporation, which 
they shall do by appointing some suitable person or 
persons, by deed, so that the corporation shall con- 
sist of three individuals, together with the deacons 
of the Hawes Place Congregational Society for the 
time being, who shall, during their continuance in 
the office of Deacon, and by virtue of said office, 
constitute a part of the corporation. Provided, 
however, that if the said society or church shall, at 
any time increase the number of their deacons to a 
number exceeding three, the three senior deacons 
in office, only, shall constitute a part of this corpo- 
ration, or be entitled to act as trustees. 

Sec. 5. Be it further enacted, That the said trus- Treasurer. 
tees shall choose, annually, one of their number as 
treasurer, who shall give bond to the acceptance of 
the trustees and approbation of the judge of Pro- 
bate of the county of Suffolk, and the said trustees 
are hereby empowered to choose annually a clerk, 
who shall be sworn to the faithful discharge of the 
duties of his office, and any other officer they may 
deem necessary for their government and regula- 
tion. 

Sec. 6. Be it further enacted, That the said Trustees to bo 

I 11 1 1 • •, 1 r 1 governors of 

trustees shall be the visiters and governors oi the schools. 
school or schools which they shall establish in that 
part of Boston called South Boston, pursuant to 
the said will, and shall have power to elect such 
masters or officers of the same, as they shall judge 
proper, to fix the tenure of their respective offices, 
and to determine the amount of their compensa- 
tion. Provided that the rights and title of the heirs 
at law of said testator to his estate, shall remain the 
same as though this act had not been passed, the 



572 BOST. SOC. OF N. HIST. Feb. lb, 1831. 

intent hereof being merely to enable the trustees 
herein named to hold and manage in a corporate 
capacity, such property and estate as would pass to 
any donee or donees in trust under said will, in his 
or their individual capacity, if this act had not been 
passed. 

Sec. 7. Be it further enacted, That any one of 
First meeting. ^^^ persons named in this act may call the first 
meeting of said trustees by giving them personal 
notice at least seven days before the time of hold- 
ing said meeting. 

Sec. 8. Be it further enacted, That this act may 
be altered or repealed at the discretion of the legis- 
lature. 

[Approved by the Governor, February 25, 1831.] 



Persona incor- 
porated. 



CHAP. LVI. 

An Act to incorporate the Boston Society of Natu- 
ral History. 

Sec 1. I3E «7 enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same. That Benjamin D. 
Greene, George Hayward, John Ware, Walter 
Channing, Edward Brooks, Amos Binney, Jr. 
D. Humphreys Storer, Simon E. Green, Joshua B. 
Flint, William Grigg, George B. Emerson, and 
Henry Codman, with their associates, and such 
other persons as shall from time to time be duly 
admitted members of the corporation hereby crea- 
ted, be, and they hereby are constituted a body 
corporate and politic, by the name of the Boston 
Society of Natural History, and by that name they 
shall have perpetual succession, and shall be capa- 



BOST. SOC. OF N. HIST. Feb. 25, 1831. 573 

ble of suing and being sued, of prosecuting and 
defending unto final judgment in all courts and 
places whatsoever, and may have a common seal, 
with power to change the same at pleasure. 

Sec, 2. Be it further enacted, That the said so- 
ciety shall have power to hold real or personal es- S^^esmer"°" 
tate by gift, grant, devise, or otherwise, and the 
same or any part thereof to alien or convey, pro- 
vided that the clear annual income of such person- 
al and real estate shall not exceed the sum of three 
thousand dollars, nor be applied to any other pur- 
poses, than the encouragement and promotion of 
the science of Natural History. 

Sec. 3. Be it further enacted, That said soci- president, &c. 
ety shall have power to elect a president, and all 
other necessary officers, to make rules and bylaws 
for the election and government of its members, 
for the management of its property, for collecting 
annual contributions from its members, for regulat- 
ing the times and places of meeting, for expelling 
such members as refuse to comply with the bylaws 
or regulations, and for the managing of the affairs 
of the society, provided such rules and bylaws be 
not repugnant to the constitution and laws of this 
Commonwealth or of the United States. 

Sec. 4. Be it further enacted, That the persons 
herein before named, or any three of them, shall ^"■'* meeting. 
have power to call the first meeting of the mem- 
bers of said society in such manner as they may 
think proper. 

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, February 25, 1831.] 



574 



SEPUL. OF THE DEAD. 



Feb. 28, 1831. 



CHAP. LVH. 



Punishment for 
disturbing the 
dead. 



Respcct'Dg ac- 
cedsariea. 



An Act more effectually to protect the Sepulchres 
of the Dead, and to legalize the Study of Anat- 
omy in certain cases. 



Sec. 1. -OE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That if any person, not 
being authorized by the Board of Health, Over- 
seers of the Poor, or Selectmen, in any town of this 
Commonwealth, or by the Directors of the House 
of Industry, Overseers of the Poor, or Mayor and 
Aldermen of the City of Boston, in said Common- 
wealth, shall knowingly or wilfully dig up, remove, 
or convey away, or aid and assist in digging up, 
removing, or conveying away, any human body, or 
the remains thereof, such person or persons so of- 
fending, on conviction of such offence, in the Su- 
preme Judicial Court of this Commonwealth, shall 
be adjudged guilty of felony, and shall be punished 
by solitary imprisonment for a term not exceeding ten 
days, and by confinement afterwards to hard labor 
for a term not exceeding one year, or shall be pun- 
ished by a fine not exceeding two thousand dollars, 
to enure to the benefit of the Commonwealth, and 
by imprisonment in the common jail for a term not 
exceeding two years, at the discretion of the court, 
according to the nature and aggravation of the of- 
fence. 

Sec. 2. Be it further enacted, That if any person 
shall be in any way, either before or after the fact, 
accessary to the commission, by any person or per- 
sons, of the offence described in the first section of 
this act, such person or persons shall be adjudged 
and taken to be principals, and shall be, on convic- 
tion in the court aforesaid, subject to the same 
punishmente and forfeitures as are in said first sec- 
tion provided. 

Sec. o. Be it further enacted, That from and after 
the passing of this act, it shall be lawful for the 



SEPUL. OF THE DEAD. Feb. 28, 1831. 575 

Board of Health, Overseers of the Poor, and Se- 
lectmen of any town in this Commonwealth, and 
for the Directors of the House of Industry, Over- ^^e^tobe'' 
seers of the Poor, and Mayor and Aldermen of the eunendered. 
City of Boston, in said Commonwealth, to surren- 
der the dead bodies of such persons, except town 
paupers, as may be required to be buried at the 
public expense, to any regular physician, duly li- 
censed according to the laws of this Common- 
wealth, to be by said physician used for the ad- 
vancement of anatomical science, preference being 
always given to the medical schools that now are, 
or hereafter may be by law established in this Com- 
monwealth, during such portions of the year as 
such schools, or either of them, may require sub- 
jects for the instruction of medical students, pro- 
vided, always, that no such dead body shall in any 
case be so surrendered, if within thirty-six hours 
from the time of its death, any one or more persons 
claiming to be kin, friend, or acquaintance to the 
deceased, shall require to have said dead body in- 
humed, or if it be made to appear to the Select- 
men or Overseers of the Poor of any town in this 
Commonwealth, or to the Mayor and Aldermen or 
Overseers of the Poor of the City of Boston, that 
such dead body is the remains of a stranger or 
traveller, who suddenly died before making known 
who or whence he was. but said dead body shall be 
inhumed, and when so inhumed, any person disin- 
terring the same for purposes of dissection, or be- 
ing accessary, as is described in the second section 
of this act, to such exhumation, shall be liable to 
the punishments and forfeitures in this act respec- 
tively provided : and provided further, that every 
physician so receiving any such dead body, before 
it be lawful to deliver him the same, shall, in each 
case, give to the Mayor and Aldermen of the City 
of Boston, or the Selectmen of any town of this 
Commonwealth, as each case may require, good 
and sufficient bond or bonds, that each body by 
him so received shall be used only for the promo- 
tion of anatomical science, that it shall be used for 
76 



576 SEPUL. OF THE DEAD. Feb. 28, 18S1. 

such purpose only in this Commonwealth, and so 
as in no event to outrage the public feeling, and 
that, after having been so used, the remains there- 
of shall be decently inhumed. 

Sec. 4. Be it further enacted, That, from and after 
the passing of this act, it shall be lawful for any 
physician duly licensed according to the laws of 
this Commonwealth, or for any medical student, 
under the authority of any such physician, to have 
in his possession, to use and employ, human dead 
bodies, or the parts thereof, for purposes of ana- 
tomical inquiry or instruction. 

Sec. 5. Be it further enacted, That nothing in this 
act shall be so construed as to give to the Board of 
Health, Overseers of the Poor, or Selectmen of any 
town in this Commonwealth, or to the Directors of 
the House of Industry, Overseers of the Poor, or 
Mayor and Aldermen of the City of Boson, in said 
Commonwealth, any power to license the digging 
up of any dead human body, or the remains thereof^ 
other than was possessed by them before the pass- 
ing of this act, or is given them by the third section 
of this act. 

Sec 6. Be it further enacted, That the act passed 
^Sld*"^' March 2d, 1815, entitled, "An Act to protect the 
Sepulchres of the Dead," and also all other acts or 
parts of acts, contravening the provisions of this 
act, be, and the same hereby are repealed. 

[Approved by the Governor, February 28, 1831.] 



repealed. 



BANKING CORPORATIONS. Feh. 28, 1831. 577 



CHAP. LVIII. 

An Act to continue the Banking Corporations there- 
in named, and for other purposes. 

Sect. 1. Jl>E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the several 
Corporations hereinafter named, which by their 
respective charters have been heretofore incorpo- Bank charters 
rated and estabhshed at the several places, and renewed. 
with the capital stocks hereinafter respectively 
mentioned, be, and the same hereby are continued 
corporations for the purposes of banking, until the 
first day of October, which shall be in the year of 
our Lord, one thousand, eight hundred and fifty- 
one, notwithstanding any limitation in their respec- 
tive charters of incorporation to the contrary, to 
wit :; — The president, directors and company of 
the Atlantic Bank in Boston, capital stock five 
hundred thousand dollars ; the president, directors 
and company of the American Bank in Boston, 
capital stock five hundred thousand dollars ; the 
president, directors and company of the Asiatic 
Bank, in Salem, capital stock two hundred thou- 
sand dollars ; the president, directors and company 
of the Agricultural Bank in Pittsfield, capital stock 
one hundred thousand dollars ; the president, di- 
rectors and company of the Andover Bank in An- 
dover, capital stock one hundred thousand dollars; 
the president, directors and company of the Bun- 
ker Hill Bank in Charlestovvn, capital stock one 
hundred and fifty thousand dollars ; the president, 
directors and company of the Beverly Bank in 
Beverly, capital stock one hundred thousand dol- 
lars ; the president, directors and company of the 
Boston Bank in Boston, capital stock six hundred 
thousand dollars ; the president, directors and com- 
pany of the Barnstable Bank in Yarmouth, capital 
stock one hundred thousand dollars ; the presi- 



578 BANKING CORPORATIONS. Feb. 28, 1831. 

Bank charters ^ent, directoi's and company of the Bedford Com- 
renevmi. meixial Bankin New Bedford, capital stock two hun- 

dred and fifty thousand dollars ; the president, di- 
rectors and company of the Blackstone Bank in 
Uxbridge, capital stock one hundred thousand dol- 
lars ; the president, directors and company of the 
Bank of Norfolk in Roxbury, capital stock two 
hundred thousand dollars ; the president, directors 
and company of the Commercial Bank in Salem, 
capital stock two hundred thousand dollars ; the 
president, directors and company of the Common- 
wealth Bank in Boston, capital stock five hundred 
thousand dollars ; the president, directors and com- 
pany of the City Bank in Boston, capital stock ten 
hundred thousand dollars ; the president, directors 
and company of the Central Bank in Worcester, 
capital stock one hundred thousand dollars ; the 
president, directors and company of the Columbian 
Bank in Boston, capital stock five hundred thou- 
sand dollars ; the president, directors and company 
of the Cambridge Bank in Cambridge, capital 
stock one hundred and fifty thousand dollars ; the 
president, directors and company of the Dedham 
Bank in Dedham, cnpital stock one hundred thou- 
sand dollars ; the president, directors and company 
of the Danvers Bank in Danvers, capital stock one 
hundred and twenty thousand dollars ; the presi- 
dent, directors and company of the Exchange Bank 
in Salem, capital stock two hundred thousand dol- 
lars ; the president, directors and company of the 
Eagle Bank in Boston, capital stock five hundred 
thousand dollars ; the president, directors and 
company of the Fall River Bank in Troy, capital 
stock two hundred thousand dollars ; the Franklin 
Bank in Greenfield, capital stock one hundred thou- 
sand dollars ; the president, directors and company of 
the Falmouth Bank in Falmouth, capital stock one 
hundred thousand dollars ; the president, directors 
and company of the Franklin Bank in Boston, ca- 
pital stock one hundred thousand dollars ; the pre- 
sident, directors and company of the Globe Bank 



BANKING CORPORATIONS. Feh. 28, 1831. 579 

in Boston, capital stock ten hundred thousand dol- Bank charters 
lars ; the president, directors and company of the '^"^'''^ ' 
Gloucester Bank in Gloucester, capital stock one 
hundred and twenty thousand dollars ; the Hamp- 
den Bank in Westfield, capital stock one hundred 
thousand dollars ; the president, directors and com- 
pany of the Hampshire Bank in Northampton, ca- 
pital stock one hundred thousand dollars ; the pre- 
sident, directors and company of the Hampshire 
Manufacturers' Bank in Ware, capital stock one 
hundred thousand dollars ; the president, directors 
and company of the Housatonic Bank in Stock- 
bridge, capital stock one hundred thousand dol- 
lars ; the president, directors and company of the 
Lowell Bank in Lowell, capital stock one hundred 
and fifty thousand dollars ; the president, directors 
and company of the Leicester Bank in Leicester, 
capital stock one hundred thousand dollars ; the 
president, directors and company of the Lynn Me- 
chanics Bank in Lynn, capital stock one hundred 
thousand dollars ; the president, directors and com- 
pany of the Marblehead Bank in Marblehead, ca- 
pital stock one hundred and twenty thousand dol- 
lars ; the Merchants' Bank in New Bedford, capi- 
tal stock two hundred and fifty thousand dollars ; 
the president, directors and company of the Manu- 
facturers' and Mechanics' Bank of Nantucket in 
Nantucket, capital stock one hundred thousand 
dollars ; the president, directors and company of 
the Mercantile Bank in Salem, capital stock two 
hundred thousand dollars ; the president, directors 
and company of the Merchants' Bank in Salem, 
capital stock, four hundred thousand dollars ; the 
president, directors and company of the Mendon 
Bank in Mendon, capital stock one hundred thou- 
sand dollars ; the president, directors and company 
of the Merrimack Bank in Haverhill, capital stock 
one hundred and fifty thousand dollars ; the presi- 
dent, directors and company of the Mechanics' 
Bank in Newburyport, capital stock two hundred 
thousand dollars ; the president, directors and com- 
pany of the Massachusetts Bank in Boston, capital 



580 BANKING COPORATIONS. /V6. 28, 1831. 

feneted"'^" stock eight hundred thousand dollars ; the presi- 
dent, directors and company of the New England 
Bank in Boston, capital stock ten hundred thou- 
sand dollars ; the president, directors and compa- 
ny of the North Bank in Boston, capital stock 
seven hundred and fifty thousand dollars ; the pre- 
sident, directors and company of the Newburyport 
bank in Newburyport, capital stock two hundred 
and ten thousand dollars ; the president, directors 
and company of the Plymouth Bank in Plymouth, 
capital stock one hundred thousand dollars ; the 
president, directors and company of the Pawtuck- 
et Bank in Pawtucket, capital stock one hundred 
thousand dollars; the president, directors and com- 
pany of the Springfield Bank in Springfield, capi- 
tal stock two hundred and fifty thousand dollars ; 
the president, directors and company of the 
Suflfolk Bank in Boston, capital stock seven 
hundred and fifty thousand dollars ; the presi- 
dent directors and company of the Salem Bank 
in Salem, capital stock two hundred and fif- 
ty thousand dollars ; the president, directors and 
company of the State Bank in Boston, capital 
stock eighteen hundred thousand dollars ; the pre- 
sident, directors and company of the Tremont 
Bank in Boston, capital stock five hundred thou- 
^ sand dollars ; the president, directors and company 

of the Taunton Bank in Taunton, capital stock 
one hundred and seventy five thousand dollars ; 
the president, directors and company of the Wash- 
ington Bank in Boston, capital stock five hundred 
thousand dollars; the president, directors and com- 
pany of the Worcester Bank in Worcester, capital 
stock two hundred thousand dollars ; — and the said 
corporations respectively shall be entitled to all 
the powers and privileges, and subject to all the 
duties, liabilities and requirements contained in an 
act passed on the twenty eighth day of February, 
in the year of our Lord one thousand eight hun- 
dred and twenty nine, entitled " An Act to regulate 
Banks and Banking," and the following sections 
of this act. 



BANKING CORPORATIONS. Feb. 2S, 1831. 681 

Sec. 2. Be it further enacted, That, from and ^^p''^^ «'°<=''- 
after the first Monday of October, which will be 
in the year of our Lord one thousand eight hun- 
dred and thirty one, no individual or corporation 
shall have a right to hold, or shall directly or indi- 
rectly take, hold, or own more than fifty per cen- 
tum of the amount of the capital stock of any 
Bank incorporated in this Commonwealth, ex- 
clusive of such stock as may be held bona fide, as 
collateral security, by such individual or corpora- 
tion. 

Sec. S. Be it further enacted, That any corpo- 

• i»i •'1^ Losses to bo 

ration which may be or become a stockholder in made good. 
any bank within this Commonwealth, shall from 
and after the first Monday of October, in the year 
of our Lord one thousand eight hundred and thir- 
ty-one, be liable in its corporate capacity to pay 
and make good any loss or deficiency of the capi- 
tal stock in such bank, which shall arise from the 
official mismanagement of its Directors, and shall 
be holden for the payment and redemption of all 
bills which may have been issued by said Bank, 
and remain unpaid when its charter shall expire, 
in the same manner as individual stockholders are 
by law made liable in their individual capacities ; 
and such corporations shall have the right to com- 
pel a contribution from other stockholders, on the 
conditions and in the manner prescribed by the 
fourteenth section of an act entitled " An Act to 
regulate Banks and Banking." 

[Approved by the Governor, February 28, 1831.] 



582 



GOOSE COVE IN GLOUCES. Mmch 1, 1831. 



CHAP. LIX. 

An Act in addition to " An Act to authorize the lay- 
ing out of a highway over Goose Cove, in the 
Town of Gloucester." 



Wlieii to take 
eft'ect. 



Amendment or 
repeal of act. 



Sec. 1. UE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the town of Glou- 
cester, in making the highway authorized by the 
act to which this is in addition, be, and hereby is 
empowered to construct convenient and suitable 
sluice-ways, or water-courses, through said high- 
way, and build flood gates suitable for admitting 
and stopping the tide waters, for the purpose of 
creating mill privileges. And said town is further 
empowered to lease or dispose of the water privi- 
lege so created, or erect mills thereon, and use or 
lease the mills erected : provided, however, that such 
water-courses or erections do not obstruct said 
highway, as laid out by the County Commissioners. 

Sec. 2. Be it further enacted. That this act shall 
take effect when the said town of Gloucester, at a 
legal meeting called for that purpose, shall accept 
the same. 

Sec. 3. Be it further enacted. That this act 
may be altered or amended at the pleasure of the 
Legislature. 

[Approved by the Governor, March 1, 1831.] 



BOSTON PAPER COMPANY. March 1, 1831. 583 

CHAP. LX. 
An Act incorporating the Boston Paper 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 Wilhani Parker, Pe.gon3 inco.po- 
George Bird, and John H. Belcher, together with ^^^^'^' 
such others as now have or may hereafter associate 
with them, their successors or assigns, be, and they 
are hereby made a corporation by the name of the 
Boston Paper Company, for the purpose of manu- 
facturing paper in the town of Watertown, in the 
county of Middlesex, and for this purpose are en- 
titled to all the powers and privileges, and subject 
to all the duties and requirements, contained and 
prescribed in an act passed the twenty- third of 
February, in the year of our Lord, one thousand, 
eight hundred, and thirty, entitled, " An Act, de- 
fining the general powers and duties of Manufac- 
turing corporations." 

Sec. 2. Be it further enacted, That the said Bos- 
ton Paper Company, in their corporate capacity, corporation 
may lawfully hold and possess such real and per- "o'^^esg^'r^eaUnd 
sonal estate as may be necessary for the purposes personal estate. 
of said corporation, provided the value of such real 
estate shall not exceed the sum of thirty thousand 
dollars, and the value of such personal estate the 
sum of thirty thousand dollars. 

[Approved by the Governor, March 1, 1831.] 
77 



jecl to duty. 



584 SALES AT AUCTION. March 1, 1831. 



CHAP. LXI. 

An Act in further addition to "An Act imposing a 
Duty on Sales at Auction." 

Sec. 1. He it enacted by the Senate and House 
of Representatives in General Court assernbled, and 
by the authority of the same, That, from and after 
Contracts sub- x\iQ first dav of April next, all contracts and en- 
gagements for any lease or underlease oi any real 
estate, or for the assignment of any lease or under- 
lease of such estate, which shall at any time be 
made or entered into, by way of sale or bidding at 
public auction or vendue, if the same shall be sold 
or bid off for a gross sum, shall be subject to a duty 
of fifty cents for every hundred dollars of such gross 
sum or value for which the same shall be sold, each 
and every time such contract or engagement shall be 
so sold or bought in ; and at and after the same rate 
for every greater or less sum, to be paid by th€ 
person who shall so sell the same, whether the auc- 
tioneer or the owner of such property, or any other 
person, shall be the highest bidder for the same. 

Sec. 2. Be it further enacted, That if such con- 
tract or sale shall be for an annual rent, or for a 
sum payable annually or otherwise by instalments, 
then the gross amount of such rent or instalments, 
for any term not exceeding seven years, shall be 
subject to a duty of fifty cents for every hundred 
dollars of such amount ; and for any term beyond 
seven years, and not exceeding fourteen years, to a 
like duty of thirty-five cents for every hundred dol- 
lars of such amount ; and for any term beyond 
fourteen years, and not exceeding twenty-one years, 
to a like duty of twenty-five cents for every hundred 
dollars of such amount ; and at and after the same 
rate for any greater or less sum, each and every 
time such contract, engagement, or property shall 
be made, entered into, or sold as aforesaid, to be 
paid by the person who shall sell the same, whether 
the auctioneer, or the owner of such property, or 



SALES AT AUCTION. March 1, 1831. [685 

any other person shall be the highest bidder there- 
for. 

Sect. 3. Be it further enacted, That from and 
after the said first day of April next, all contracts tracts! ^°^' 
and agreements for the sale, delivery, furnishing, 
or supplying of any goods, wares, merchandise, or 
any other personal property whatsoever, which 
shall at any time be made or entered into, by way 
of sale or bidding at public auction or vendue, shall 
be taken and deemed to be a sale of personal es- 
tate, and shall be subject to a duty of one dollar 
for every hundred dollars of the whole value or 
amount of goods, wares, merchandise, or property, 
for the sale, delivery, furnishing, or supplying of 
which such contract or engagement shall be so 
made or entered into, each and every time such 
contract or engagement shall be so made, sold, or 
bought in, and at and after the same rate for any 
greater or less sum, to be paid by the person who 
shall so sell or negociate the same, whether the 
auctioneer or any other person be the best bidder 
therefor. 

Sec. 4. Be it further enacted, That, where any 
sale or bidding, at public auction or vendue, shall Saie ofreai 
be upon the rent of any smaller parcel of real es- ^"'"'^ 
tate, for the purpose of fixing and determining the 
rent or price of any larger parcel of such estate, 
or upon any contract for a lease or underlease of 
real estate for a shorter term, for the purpose of 
fixing and determining the rent or price for any 
longer term, and where such sale or bidding, in re- 
gard to any goods, wares, and merchandise, or 
other personal property, or any contract or engage- 
ment to sell, deliver, furnish, or provide the same, 
shall be of or upon any less quantity, for the pur- 
pose of fixing and determining the price of a larger 
quantity, in every such case the whole value or 
amount of the property so sold, transferred, con- 
tracted for, or negotiated by the terms or condi- 
tions of such auction or vendue, shall be subject to 
duty, in the same manner as if each and every part 
thereof had been regularly sold by auction. 



586 



Forfeiture for 
neglect of pay- 
ment. 



WELLFLEET BEACH CO. March 1, 1831. 

Sec. 5. Be it further enacted, That if any auc- 
tioneer shall neglect to pay into the treasury of this 
Commonwealth, the amount of duty for which he 
is Hable, within the space of sixty days from the 
first day of June or first day of December, on which 
he is required by law to make his return, every 
such auctioneer shall forfeit the commission of four 
per centum allowed him by law, and shall also be 
held to pay, to the treasurer, interest at the rate of 
one per centum per month upon the nett amount 
of said duty, from the expiration of said sixty days, 
until he shall pay the same, to be recovered by an 
action on the bond of such auctioneer, in any court 
proper to try the same. 

[ApprovcJd by the Governor, March 1, 18i31.] 



CHAP. LXII. 



Persons incor- 
porcited. 



May choo8« 
officers. 



An Act to incorporate the Duck Harbour and 
Beach Company in the town ofWellfieet. 

Sec. 1. MjK it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That David Baker, 
Richard Rich, Peter Lombard, Stephen A. Hard- 
ing, Richard P. Lombard, Henry Atwood, and 
Freeman Atwood, their associates and successors, 
be, and they hereby are incorporated, by the name 
of the Duck Harbour and Beach Company in the 
town of Wellfleet, for the purpose of constructing 
and keeping in repair all such fences, hedges or 
other works as may be necessary for the preserva- 
tion and improvement of the harbour and landing- 
place which have been formed on the west side of 
Griffin's Island in the town of Wellfleet. 

Sec. 2. Be it further enacted, That the said cor- 
poration, at their first meeting, and at an annual 
meeting in the month of March to be provided for 



WELLFLEET BEACH CO. March 1, 1831. 587 

by the bylaws, may choose by ballot five members 
of said corporation to be a board of managers, and 
such other officers, as they may deem proper. 

Sec. 3. Be it further enacted, That, at any legal May make as- 

_ «^ 1 sessments. 

meetmg of the said company, they may assess such 
sums of money as may be deemed necessary for 
the purposes of said company upon the members 
thereof. Provided, that no assessment shall be 
made unless two thirds of the members present 
shall vote for such assessment. 

Sec. 4. Be it further enacted, That said compa- ^^^ ^^^ ^^^^ 
ny shall have power to demand and receive of the 
owner or owners of any smack or vessel that shall 
haul into any creek or dock, or upon the beach or 
landing-place in said harbour, for the purpose of 
wintering there, the payment of such sum or sums 
as the said company shall agree upon at each an- 
nual meeting. And the said company shall not 
exact or receive any fees of any vessel or person 
for landing lumber or other merchandize upon the 
landing place in said harbour. 

Sec 5. Be it further enacted, That the said May make by- 
company may make bylaws in relation to assess- '^^^s. 
ments, the choice of officers, and the other con- 
cerns of said company. 

Sec. 6. Be it further enacted. That Freeman 
Atwood is authorized to call the first meeting of '" ""^^ '"^' 
said company, by giving personal notice to each 
member of said company ; and said company may, 
at said first meeting, and each annual meeting, 
elect other individuals as members thereof in such 
manner as the bylaws may prescribe. 

Sec 7. Be it further enacted, That this act may 
be amended or repealed at the pleasure of the le- 
gislature. 

[Approved by the Governor, March 1, 1831.] 



588 



FISHING INS. CO. 



March 1, 1831. 



CHAP. LXIII. 

An Act to incorporate the Fishing Insurance Com- 
pany. 



Name" 



Sec. I . bE it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
Persons incorpo- ^^g authority of tlic saMc, That, Ebenezer H. Lit- 
tle, Ebenezer Hayward, Charles Cole, Jr. Benson 
Leavitt, Robert E. Little, Robert Ripley, Otis 
Drury, and Jonathan Lane, with their associates, 
successors and assigns, be, and they are hereby in- 
corporated into a company and body politic, by the 
name of the Fishing Insurance Company, for the 
purpose of taking marine risks on fishing vessels, 
whilst employed in the fishing business, their car- 
goes and appurtenances, except those engaged in 
the whale fishery, with all the powers and privile- 
ges granted to insurance companies, and subject 
to all the restrictions, duties and obligations, con- 
tained in a law of this Commonwealth, entitled 
" An Act to define the powers, duties, and restric- 
tions of Insurance Companies" passed on the six- 
teenth day of February, in the year of our Lord 
eighteen hundred and eighteen, for and during the 
term of twenty years after the passing of this act : 
and by that name may sue, and be sued, plead and 
be impleaded, appear, prosecute and defend to 
final judgment and execution : and may have a 
common seal, which they may alter at pleasure ; 
and may purchase, hold, and convey any estate, 
real or personal, for the use of said company : pro- 
vided, the said real estate shall not exceed the val- 
ue of twenty five thousand dollars, excepting such 
as may be taken for debt, or held as collateral se- 
curity for money due to said company. 

Sec. 2. Be it further enacted, That the capital 
stock of said company shall be fifty thousand dol- 
lars ; and shall be divided into shares of fifty dol- 
lars each, twenty five thousand dollars of which 



Capital (tock. 



FISHING INS. CO. March 1, 1831. 589 

shall be paid in money within sixty days after the 
first meeting of the said company, and the residue 
within one year from the passing of this act, in 
such instalments and under such penalties, as the 
president and directors shall in their discretion di- 
rect and appoint. And the said capital stock shall 
not be sold or transferred, but shall be holden by 
the original subscribers thereto, for, and during 
the term of one year after the said company shall 
go into operation. 

Sec. 3. Be it further enacted, That the stock, Direcior«. 
property, affairs and concerns of the said company 
shall be managed and conducted by thirteen direc- 
tors, one of whom shall be president of said com- 
pany, who shall hold their offices for one year, and 
until others are chosen and no longer, and who 
shall at the time of their election be stockholders in 
said company, and citizens of this Commonwealth, 
and shall be elected on the second Monday in Fe- 
bruary in each and every year, at such time of the 
day and at such place in Boston as a majority of 
the directors for the time being shall appoint, of 
which election public notice shall be given in two 
of the newspapers printed in Boston, and continue 
for the space of ten days immediately preceding 
such election, and the election shall be made by 
ballot, by a majority of the stockholders present, 
allowing one vote to each share in the capital stock. 
Provided, that no stockholder shall be allowed more 
than fifteen votes, and absent stockholders may 
vote by proxy under such regulations as the said 
company shall prescribe. And if, through any un- 
avoidable accident, the said directors shall not be 
chosen on the second Monday in February as 
aforesaid, it shall be lawful to choose them on any 
other day in the manner herein provided. 

Sec. 4. Be it further enacted. That the directors 
when chosen shall meet as soon as may be after 
every election, and shall choose out of their body VveM^nt. 
one person to be president, who shall be sworn or 
affirmed to the faithful discharge of the duties of 
his office, and who shall preside for one year, and 



590 



FISHING INS. CO. 



March 1, 1831. 



Board for doing 
business. 



First meetin" 



until another be chosen. And in case of the death, 
resignation, or inability to serve of the president, 
or any director, such vacancy or vacancies shall 
be filled for the remainder of the year in which 
they happen by a special election for that pur- 
pose, to be held in the same manner as herein- 
before directed, respecting annual elections of di- 
rectors. 

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 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 eftects of said company, and the transfer of 
the shares, and touching the duties and conduct of 
the several officers, clerks and servants employed, 
and the election of directors, and all such matters as 
appertain to the business of insurance : And shall 
also have power to appoint a secretary, and as 
many clerks and servants, for carrying on the said 
business, and with such salaries and allowances to 
them and to the president, as to the said board 
shall seem meet : provided, such by laws and regula- 
tions shall not be repugnant to the constitution and 
laws of this Commonwealth. 

Sec. 6. Be it further enacted. That any two or 
more of the persons named in this act are hereby 
authorized to call a meeting of said company, by 
advertising the same for two successive weeks in 
the Columbian Centinel, Boston Patriot, and Dai- 
ly Advertiser printed in Boston, for the purpose of 
electing their first board of directors, who shall 
continue in office till the second Monday in Feb- 
ruary then next ensuing, and until others shall be 
chosen in their stead. Provided, however, that 
this charter shall be void and of no eftect, unless 
put into operation agreeably to the terms of it, 
within one year from and after the passing of this 



BAP. M. H. IN WOBURN. - March 4>, 1831. 591 

act, and provided also, that the said company shall 
not take any risk, or subscribe any policy, by virtue 
of this act, until twenty-five thousand dollars of the 
capital stock of said company shall have actually 
been paid in. 

Sec. 7. Be it further enacted, That said company . . r , 

•/ ' tr J Aiiiounl of risk. 

shall never take on any one risk or loan, on respon- 
dentia or bottomry, at any one time, including the 
sum insured by them, in any other way on the same 
bottom, a sum exceeding seven per centum on the 
capital stock of said company actually paid, agree- 
ably to the provisions of this act. 

Sec. 8. ^e it further enacted, That the said in- Location. 
surance company shall be located and kept in the 
city of Boston. 

Sec. 9. Be it further enacted, That the said in- 
surance company shall be liable to be taxed by any 
general law providing for the taxation of all similar 
corporations which are by law liable to be taxed. 

[Approved by the Governor, March 1, 1831.] 



CHAP. LXIV. 

An Act to incorporate the Proprietors of the New 
Baptist Meeting House in Woburn. 

Sec. 1. IjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same. That Abel Winn, John Persons i..corpo- 
Cummings, Samuel Abbot, John Tidd, and their '^'^'' 
associates, now proprietors of the New Baptist 
Meeting House in Woburn, together with all such 
as may, by the terms of this act, become their suc- 
cessors, be, and they are hereby made a body pol- 
itic and corporate, by the name of the Proprietors 
of the New Baptist Meeting House in Woburn, for 
the purpose of holding and maintaining said meet- 
ing house, with all the powers and privileges, and 
78 



592 



BAP. M. H. IN VVOBURN. 



March 4^, 1831. 



MemberH 



Assessments. 



First meeting. 



subject to all the duties and liabilities incident to 
corporations. 

Sect. 2. Be it further enacted, That all persons 
who now are, or shall hereafter become members 
of this corporation, shall signify their assent there- 
to in writing ; but no person, except the present 
proprietors of said meeting house, shall hereafter 
become a member of said corporation, or be in 
any way interested therein, unless by a major vote 
of the legal members of the same. 

Sec. 3. Be it further enacted, That no corpora- 
tor shall be entitled to more than one vote at any 
meeting of said corporation ; and all taxes and as- 
sessments which shall be made or levied for repair- 
ing or paying for said meeting house and its appur- 
tenances, shall be assessed upon the polls and es- 
tates of the corporators, according to the valuation 
thereof in the several towns in which the same may 
be assessed, for town or county taxes, and may be 
sued for in an action of debt, in any court proper 
to try the same, provided that no suit shall be com- 
menced against any member, for any such tax or 
assessment, until the expiration of sixty days after 
notice and request to pay the same. 

Sec. 4. Be it further enacted, That any justice 
of the peace, for the county of Middlesex, may 
issue his warrant for calling the first meeting of 
said corporation, and that this act may be altered, 
amended, or repealed, at the pleasure of the legis- 
lature. 



[Approved by the Governor, March 4, 1831.] 



CHARLESTOWN LYCEUM. March 4>, 1831. 593 



CHAP. LXV. 

An Act to incorporate the Lyceum Hall, in the 
Town of Charlestovvn. 

Sec. L OE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That Chester Adams, persons incorpo- 
David Stetson, Abraham R. Thompson, Abijah '^'^'^* 
Goodridge, Isaac Warren, Timothy Walker, Thom- 
as Marshall, James Bird, Jr., Joseph F. Tufts, Eli- 
ab P. Mackintire, William W. Wheeldon, James 
Gould, John Johnson, Joseph Carter, Nathan A. 
Tufts, William Tufts, Gilman Stanley, with their 
associates and successors, be, and they are hereby 
made a corporation, by the name of the Lyceum 
Hall, in the town of Charlestovvn, for the purpose 
of affording means and facilities for the prosecu- 
tion of literary and scientific studies and pursuits, 
and the dissemination of useful knowledge, and by 
that name may sue and be sued, plead and be im- 
pleaded, appear, prosecute, and defend, to final 
judgment and execution, and may have a common May have a com- 
seal, and may elect such officers, and make and *""" ^^* ' 
establish such bylaws and regulations as they may 
deem necessary or expedient for the management 
of their affairs, provided, that such bylaws and reg- 
ulations shall not be repugnant to the constitution 
and laws of this Commonwealth. 

Sec. 2. Be it further enacted, That the corpora- 
tion hereby established may take and hold real es- May iioidreai 
tate, not exceeding the value of twenty-five thou- "ate."*^'^""^ ^^ 
sand dollars, and personal estate, not exceeding 
the value of five thousand dollars, to be used for 
the purposes aforesaid, with liberty, however, to 
lease or otherwise dispose of such apartments, in 
any buildings to be erected by them, as may at any 
time not be needed for their accommodation for 
said purposes. 

Sec. 3. Be it further enacted, That the stock of 
said corporation shall be divided into shares of 



594 



SPRINGFIELD SEMINARY. i/arc/t 4, 1831. 



First meeting. 



fifty dollars each, the certificates of which shall be 
signed by the president and treasurer of said cor- 
poration, and recorded in a book, to be kept by 
said treasurer for that purpose, and which shall be 
transferable in such manner as shall be prescribed 
by the by-laws of said company ; and all trans- 
fers of the said stock shall be duly recorded by the 
treasurer. 

Sec. 4. Be it further enacted. That either of the 
persons named in the first section of this act be, 
and is hereby authorized to call the first meeting 
of the corporation, by giving notice in the newspa- 
per printed in the town of Charlestown, at least 
seven days before the time of holding such meet- 
ing. 

Sec. 5. Be it further enacted, That this act may 
be amended or repealed at the pleasure of the legis- 
lature. 



[Approved by the Governor, March 4, 1831.] 



CHAP. LXVI. 



Persons incorpo 
rated. 



An Act to incorporate the Proprietors of the Fe- 
male Seminary in Springfield. 

Sec. 1. JjE it enacted by the Senate and House 
of Representatives in General Court assembled, and 
by the authority of the same, That James Byers, John 
Howard, Samuel Osgood, Benjamin Day, Samuel 
Lyman, George Ashmun, Charles Stearns, James 
Brewer, Simon Sanborn, and John Hooker, their 
associates and successors, be, and they hereby are 
May be seized of incorporatcd as the Proprietors of the Female Sem- 
reai^,d personal •j^^^.y -^^ Springfield, with powcr to hold real estate, 
not exceeding in value ten thousand dollars, and 
personal estate not exceeding in value five thou- 
sand dollars, to be devoted exclusively to the pur- 



AMER. INSTl. OF INSTRUC. March 4,, USl. 595 

poses of education. And said corporation shall 
have all the powers usually incident to similar cor- 
porations, and may make all necessary bylaws, not 
repugnant to the constitution and laws of this Com- 
monwealth. 

Sect. 2. Be it further enacted, That any two of 
the persons named in this act may call the first Fim meeting. 
meeting of said corporation, by giving notice of the 
time and place, seven days at least previously there- 
to, in some one of the newspapers printed in Spring- 
field : and the legislature may at any time hereaf- 
ter amend or repeal this act. 

[Approved by the Governor, March 4, 1831.] 



CHAP. LXVII. 

An Act to incorporate the American Institute of 
Instruction. 

Sec. 1. jjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Francis Wayland, Persons incorpo- 
Jr., William B. Calhoun, William Sullivan, John"*''' 
Adams, John Park, Nathan Lord, Thomas H. Gal- 
laudet, Andrew Yates, Theodore Frelinghuysen, 
Roberts Vaux, William C. Fowler, Reuben Haines, 
Benjamin O. Peers, Nathan Guilford, Gideon F. 
Thayer, Solomon P. Miles, William C. Woodbridge, 
Ebenezer Bailey, Asa Andrews, Otis Everett, and 
James G. Carter, together with their associates, be, 
and they hereby are made and constituted a cor- 
poration, in the city of Boston, by the name of the 
American Institute of Instruction, with all the pow- 
ers, rights, duties, and liabilities, usually incident 
■o corporations, for the purpose of promoting and 



596 



AMER. INSTI. OF INSTRUC. March ^, 1831. 



May make by- 
laws. 



May liold real 
and personal 
estate. 



First meeting. 



improving the means of education and instruction 
in morality, science, and literature. 

Sec. 2. Be it further enacted, That the said cor- 
poration may appoint such officers, and make such 
bylaws, rules, and regulations, as it may see fit, pro- 
vided the same be consistent with the constitution 
and laws of this Commonwealth. 

Sec. o. Be it further enacted, That said corpo- 
ration may hold real estate to the value of ten thou- 
sand dollars, and personal estate to the value of 
twenty thousand dollars, in its corporate name, and 
use and improve the same for the benefit of this 
institution, and for all lawful purposes incident to 
the powers hereby granted. 

Sec. 4. Be it further enacted. That any person 
named in this act may call the first meeting of 
the members of this corporation, by public adver- 
tisement in any newspaper printed in Boston, 
two weeks successively before the day of meet- 
ing. 

Sec. 5. Be it further enacted. That this act shall 
be subject to be altered, or amended, or repealed, 
at any time, at the will of the Legislature. 



[Approved by the Governor, March 4, 1831.] 



BOXFORD ACADEMY. March ^, 1831. 597 



CHAP. LXVIII. 

An Act to incorporate the Proprietors of the Box- 
ford Academy. 

Sec. 1. XjE it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That Solomon Low, Persons incorpo- 
Phineas Barnes, Jeremiah Young, Asa Foster, Na- 
than Andrews, and Samuel Andrews, their associ- 
ates and successors, be, and they hereby are incor- 
porated as the Proprietors of the Boxford Acade- 
my, in the town of Boxford, with power to hold 
real estate, not exceeding in value five thousand 
dollars, and personal estate not exceeding in value 
ten thousand dollars, to be applied exclusively to the 
purpose of education ; and said corporation shall 
have all the powers usually incident to similar cor- 
porations, and may make all necessary bylaws, not 
repugnant to the constitution and laws of this Com- 
monwealth. 

Sec. 2. Be it further enacted. That any two of 
the persons named in this act, may call the first ^''^^ meeting. 
meeting of said corporation by giving notice of the 
time and place of holding the same, ten days previ- 
ously thereto, in some newspaper printed in the 
town of Haverhill, or by giving personal notice to 
each person named in this act ; and the legislature 
may, at any time hereafter, amend or repeal this 
act. 



[Approved by the Governor, March 4, 1831.] 



598 NORTHB. MAN. CO. 31arch 4, 1831. 



CHAP. LXIX. 

An Act in addition to an act, entitled " An Act to 
prevent the destruction of certain useful birds at 
unseasonable times of the year." 

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 
act to which this is in addition, as relates to the 
taking, killing or destroying any of the birds called 
partridges and quails, with all the penalties, tbr- 
feitures, and provisos, relating to the taking, kil- 
ling, or destroying said birds, be, and the same here- 
by is extended to the birds called grouse or heath 
hens, from and after the passing of this act. 



Extension of act. 



[Approved by the Governor, March 4, 1831.} 



CHAP. LXX. 

An Act to incorporate the Northborough Cotton 
Manufacturing Company. 



Sec. 1. i3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Persons incor- f^y ^/^g authority of thc samc, That Isaac Davis 
''"'^^^ and Oliver Eldredge, together with such others as 

now are, or may hereafter be associated with them, 
their successors or assigns be, and they hereby 
are made a corporation, by the name of the North- 
borough Cotton Manufacturing Company, for the 
purpose of manufacturing cotton and woollen 
goods in the town of Northborough, and for this 
purpose shall have all the powers and privileges, 
and shall be subject to all the duties and require- 
ments prescribed and contained in an act passed 
the twenty third day of February, in the year of 



PACIFIC BANK. March 5, IQ3\. 599 

our Lord one thousand eight hundred and thirty, 
entitled " An Act defining the general powers and 
duties of Manufacturing Corporations." 

Sec. 2. Be it further enacted, That the said Reaictate. 
Northborongh Cotton Manufacturing Company 
may lawfully hold and possess such real estate not 
exceeding the value of ten thousand dollars, and 
such personal estate not exceeding fifty thousand 
dollars, as may be necessary and convenient for 
carrying on the manufacture aforesaid. 

[Approved by the Governor, March 4, 1831.] 



CHAP. LXXI. 

An Act to continue the Corporation of the Presi- 
dent, Directors and Conipany of the Pacific 
Bank. 

Sect. 1. 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- frr""^"'^"' 
dent, Directors and Company of the Pacific Bank 
in Nantucket, capital stock two hundred thousand 
dollars, be, and they hereby are continued a corpo- 
ration for the purposes of banking, until the first 
day of October, which will be in the year of our 
Lord one thousand eight hundred and fifty one, 
notwithstanding any limitation in their charter of 
incorporation to the contrary. And said corpora- 
tion shall be entitled to all the powers and privile- 
ges, and subject to all the duties, Uabilities and re- 
quirements provided in an act passed the twenty 
eighth day of February in the year of our Lord 
one thousand eight hundred and twenty nine, enti- 
tled " An Act to regulate Banks and Banking," 
and the provisions of an act passed the twenty 
eighth day of February in the year of our Lord 
one thousand eight hundred and thirty one, enti- 
79 



600 PACIFIC BANK. March 5, 1831. 

tied " An Act to continue the banking corporations 
therein named, and for other purposes." 
Payment of gp^, 2. Bc It fufther enacted, That the Presi- 

dent, Directors and Company of the Pacific Bank, 
in pursuance of the agreement made between the 
President, Directors and Company of said Bank, 
and Aaron Mitchell, Samuel Mitchell, and James 
Mitchell be, and they hereby are authorized and 
required, on or before the first Monday of October 
in the year of our Lord one thousand eight hun- 
dred and thirty one, to pay to Aaron Mitchell, Sa- 
muel Mitchell, and James Mitchell, the full amount 
of the stock owned by them respectively in said 
bank on the eighth day of January in the year of 
our Lord one thousand eight hundred and thirty 
one, or so much thereof as shall not, before the 
time first named as aforesaid, have been disposed 
of by the persons above named, at the rate of one 
IwJindred dollars for each share, and to open sub- 
scription books for the purpose of filling up the de- 
ficiency which may happen thereby in said stock to 
the full amount of two hundred thousand dollars. 
And six months from and after the first Monday of 
October, in the year of our Lord one thousand 
eight hundred and thirty one, are hereby allowed 
for making up said deficiency. And the directors 
and cashier of said bank shall make a certificate 
under oath v^^ithin the time aforesaid, that said de- 
ficiency has been paid in, otherwise the charter of 
said bank shall be void. 

[Approved by the Governor, March 5, 1831.] 



ARSON, BURGLARY, &c. 31arch 8, 1831. 601 



CHAP. LXXII. 

An Act mitigating the penalties in certain cases 
for the crimes of Arson, Burglary and Larceny. 

Sec. 1. j3E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That whenever any offenders may 
person shall be indicted for committing any offence toconfinemem 
described in the first section of the act of 1804, '"°'^''^'^- 
chapter 131, entitled " An Act providing for the 
punishment of incendiaries, and the perpetrators 
of other malicious mischiefs," passed on the six- 
teenth day of March, in the year of our Lord one 
thousand eight hundred and five, and such indicted 
person shall prove to the satisfaction of the jury 
before whom a trial may be had, that at the time 
of the commission of said offence, there was no 
person lawfully within the dwelling house which 
shall have been burnt, and the jury shall so find, 
the Court shall on conviction, instead of the pun- 
ishment of death, now by law provided, sentence 
the offender to solitary confinement for a time 
not exceeding thirty days, and to hard labour for 
the residue of said convict's life. 

Sec. 2. Be it further enacted. That whenever 
any person shall be lawfully convicted of either of 
the offences described in the second section of the 
act of 1805, chapter 101, entitled " An Act provid- 
ing for the punishment of the crimes of burglary 
and other breaking and entering of buildings," 
passed on the thirteenth day of March, in the year 
of our Lord one thousand eight hundred and six, 
the Court instead of the punishment now provided 
by law, shall sentence said convict to solitary con- 
finement for a time not exceeding thirty days, and 
to hard labour afterwards for a period not exceed- 
ing twenty years. 

Sec. 3. Be it further enacted. That whenever 
any person shall be lawfully convicted upon indict- 



602 OXFORD BANK. March 8, 1831. 

inent, of cither of the offences described in the 
sixth section of the act of 1804, chapter 143, enti- 
tled "An Act providing for the punishment of the 
crimes of robbery, and other larcenies, and for the 
prevention thereof," passed on the sixteenth day 
of March, in the year of our Lord one thousand 
eight hundred and five, the Court before which such 
conviction may be had, shall order the punishment 
in said section provided, or in their discretion, 
shall sentence the convict to confinement in the 
County Jail for such time, not exceeding five years, 
as to them may seem meet, or to the payment of 
a fine, according to the nature and aggravation of 
the offence. 

[Approved by the Governor, March 5, 1831.] 



CHAP. LXXIII. 

An Act to continue the Corporation of " the Presi- 
dent, Directors and Company of the Oxford 
Bank." 

13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
Corporation % ^^^^ autliority of the same, That the President, 
coHtinued, Dircctors and Company of the Oxford Bank in 
Oxford, capital stock one hundred thousand dol- 
lars, be, and they hereby are continued a corpora- 
tion for the purposes of banking, until the first day 
of October, which will be in the year of our Lord 
one thousand eight hundred and fifty one, notwith- 
standing any limitation in their charter of incorpo- 
ration to the contrary, and said corporation shall 
be entitled to all the powers and privileges, and 
subject to all the duties, liabilities and require- 
ments, provided in an act passed the twenty 
eighth day of February, in the year of our Lord 
one thousand eight hundred and twenty nine, en- 



UNION BANK. March 8, 1831. 603 

titled, " An Act to regulate Banks and Banking," 
and the provisions of an act passed the twenty 
eighth day of February, in the year of our Lord 
one thousand eight hundred and thirty one, enti- 
tled " An Act to continue the Banking Corpora- 
tions therein named, and for other purposes." 

[Approved by the Governor, March 8, 1831.] 



CHAP. LXXIV. 

An Act to continue the Corporation of " The Pre- 
sident, Directors and Company of the Union 
Bank." 

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 the corporation Corporation 
under the name of " The President, Directors and '^°""""^'- 
Company of the Union Bank" in Boston, with a 
capital stock of eight hundred thousand dollars, 
be, and the same is hereby continued a corporation 
for the purposes of banking, until the first day of 
October, which shall be in the year of our Lord 
eighteen hundred and fifty one, notwithstanding 
any limitation in its present charter of incorpora- 
tion to the contrary — and the said corporation 
shall be entitled to all the powers and privileges, 
and subject to all the duties, liabilities, and require- 
ments contained in an act passed on the twenty 
eighth day of February, in the year of our Lord 
one thousand eight hundred and twenty nine, enti- 
tled " An Act to regulate Banks and Banking," and 
the further provisions contained in an act passed 
the twenty eighth day of February, A. D. eighteen 
hundred and thirty one, entitled, "An Act to con- 
tinue the Banking Corporations therein named, 
and for other purposes." 

[Approved by the Governor, March 8, 1831.] 



604 CHANGE OF NAMES. March 9, 1831. 



CHAP. LXXV. 

An Act in addition to an Act entitled " an Act to 
incorporate the Hope Insurance Company." 

Be it enacted by the Senate and House of 
Representatives in General Court assembled, and by 
the authority of the same, That Nehemiah Parsons 
and others, who were incorporated by the said Act 
Time extended, as the Hopc Insurancc Company, be and they here- 
by are allowed the further time of one year from 
and after the passing of this Act to comply with 
the provisions of the Act to which this is in addition. 

[Approved by the Governor, March 9, 1831.] 



Names cliansed. 



CHAP. LXXVl. 

An Act to change the Names of the Persons there- 
in mentioned. 

13 E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Elizabeth Wyman 
may take the name of Elizabeth Sophia Adelaide 
Wyman ; that John Wells may take the name of 
John B. Wells ; that Arvada Ueed may take the 
name of George Arvada Reed ; that Asa Adams 
may take the name of Asa Perry Adams; that Ira 
Wormwood may take the name of Ira W. Allen ; 
that John Osgood may take the name of John 
Hamilton Osgood ; that John Oliver may take the 
name of John Putnam Oliver; that Joseph Eveleth 
may take the name of Joseph G. Eveleth ; that Elea- 
nor Stearns may take tjie name of Eleanor Geor- 
giana Stearns ; that William Brown may take the 
name of Willam Cowpcr Brown ; that Wealthy G 



CHANGE OF NAMES. March 9, 1831. 605 

Brown may take the name of Harriet G. Brown ; n**""" ebanged. 
that WilHam Potter may take the name of WiUiam 
Potter Bishop; that Edward Warren, second, may 
take the name of Edward James Warren; that 
Emily West may take the name of EmJIy Georgi- 
ana West ; that George Todd Dickinson may take 
the name of George Washington Dickinson ; that 
Casper Adams, junior, may take the name of Hen- 
ry Casper Adams; that Hubbard Newell may take 
the name of George Hubbard Newell ; that Ross 
Dorety may take the name of George Ross ; that 
Susan Jones may take the name of Amanda Peli- 
na Jones; that Alfred Hilton Bridge may take the 
name of Frederick William Bridge ; that Andrew 
Griffin may take the name of George Williams 
Griffin ; that David Jones may take the name of 
David Walter Jones; that Edward Holbrook may 
take the name of Ridgway Edward Holbrook ; that 
Henry Eayres may take the name of Henry Clay 
Eayres ; that John Chapman may take the name of 
John Brown Chapman ; that Michael Cassady may 
take the name of Adis Emmet Cassady ; that Levi 
Haskell, of the firm of Whitney &: Haskell, may 
take the name of Levi Boynton Haskell ; that 
William Morgan Warriner may take the name of 
William Bostwic Warriner ; that Leverett Clen- 
dennin, son of John Clendennin, may take the 
name of John Leverett Clendennin — all of the 
City of Boston, in the County of Suffolk ; that 
Tryphosa Goldsberry, of Beverly, may take the 
name of Ann T. Goldsberry; that John I. Stan- 
wood, of Ipswich, may take the name of John 
Lord Stanwood ; that Mary Dennison Manton, of 
Gloucester, may take the name of Mary Manton 
Dennison; that William Wead, of Lynn, may take 
the name of William Winship; that Francis Low, 
junior, of Manchester, may take the name of Al- 
bert Everett Low; that Mercy Roche Vincent, of 
Salem, may take the name of Caroline Augusta 
Vincent ; that Chloe Ijawrence, of Salem, may take 
the name of Clarissa C. Lawrence ; that Charity 



606 CHANGE OF NAMES. March 9, 1831. 

Names changed. Masoii JohnsoD, of Daiivei's, may take the name of 
Elizabeth Mason Johnson; that Eunice Brown, of 
Salem, may take the name of Sarah Ellen Brown ; 
that Daniel Chaplin, of Rowley, may take the 
name of Daniel West ; that Elizabeth Pulsifer Mul- 
len, and .John Mullen, minor children of John Mul- 
len, of Nevvburyport, deceased, may take the re- 
spective names of Elizabeth Mellen and John James 
Mellen; that Offin Greenleaf Boardman, of New- 
buryport, may take the name of Offin Boardman ; 
that Joshua Hills, the 3d, of Nevvburyport, may take 
the name of Joshua Eliphalet Hills; that Samuel 
Thompson, of said Nevvburyport, may take the 
name of Samuel White Thompson ; that Mary Eliz- 
abeth Frink, of Rowley, may take the name of Mary 
Elizabeth Osgood ; that Sarah Lord, of Ipswich, 
may take the name of Sarah Elizabeth Lord ; that 
Samuel Bell, of Andover, may take the name of 
Samuel B.Willis; that Rachel Mason EdmundsBar- 
ret, of Nevvburyport, may take the name of Ann Ma- 
son; that Thomas Williams Monies, of Danvers, 
may take the name of Thomas Williams ; thatEleaz- 
er Graves, of Marblehead, may take the name of EI- 
eazer Trevett Graves ; that Nelson Otis Chase, of 
Lynn, may take the name of Augustus Otis ; and 
that Ann Eaton Chase, wife of the said Nelson Otis 
Chase, may take the name of Ann Maria Eaton 
Otis ; that Linch Bott Goodhue, of Salem, may 
take the name of Charles Bott Goodhue ; that 
Benjamin Stone, of Salem, may take the name of 
Benjamin Williams Stone ; tliat Susan Lord, of 
Ipswich, may take the name of Susan SafTord 
Lord ; that Hannah Tcnney, wife of John S. Ten- 
ney, of Ipswich, make take the name of Martha 
Hannah Dennis Tenney ; that Edwin Jones Todd, 
a minor son of Francis Todd, of Nevvburyport, 
may take the name of Reuben Jones Todd ; that 
Benjamin Manning, of Ipswich, may take the name 
of Benjamin Franldin Manning; that John Rand- 
let Bean, of Rowley, may take the name of John 
P. Milton ; that Munioe James Tuxbury, minor 
son of William Tuxbury, of Amesbury, may take 



CHANGt: OF NAMES. March 9, 1831. 607 

the name of Miinroe George Jewell Tuxbury ; Names changed. 
that William Joplin, junior, of Daiivers, Tailor, 
may take the name of William Dudley Joplin, all of 
the county of Essex ; that Nancy Parker, of Read- 
ing, may take the name of Nancy Jane Parker ; 
that George W. Verry, of said Reading, may take 
the name of George Washington Otis ; that Joseph 
Hoar, of Lincoln, may take the name of Leonard 
Hoar ; that Naomi Saunders, of said Reading, 
may take the name of Eliza Jane Saunders ; that 
Edwin Pearson, of Reading, may take the name 
of Edwin Pierce; that Martha Prentice McFar- 
land, a minor child of Archibald McFarland, of 
Lowell, may take the name ol Martha Prentice 
Adams ; that Seneca Fay, of Framingham, may 
take the name of Thomas Seneca Fay ; that 
Ela Fay, of Framingham, may take the name 
of Edward Ela Fay, all in the county of Mid- 
dlesex ; that John Sparhavvk Baldwin, of Lei- 
cester, may take the name of John Rufus Bald- 
win ; that Dexter Moor Chilson, a minor son of Eri 
Chilson, of said Leicester, may take the name of 
John Dexter Chilson ; that Eurotis Graves, of 
Worcester, may take the name of Frederick Strat- 
ton Graves; that Festus Morgan, of Oxford, may 
take the name of William Festus Morgan ; that 
George Anson Plummer, of Barre, may take the 
name of George Anson ; that Jacob Bacon, of 
Bolton, may take the name of Charles Wood ; that 
Israel Waters Bacon, of Charlton, may take the 
name of Berthier Bacon; that Elizabeth Waters 
Bacon, of Charlton, may take the name of Eliza- 
beth Adella Bacon ; that Lucy Wiswall, of West- 
minster, may take the name of Philomela Hamil- 
ton; that Nelson Munroe, of New Braintree, may 
take the name of Horatio Nelson Munroe ; that 
Celia Colton Burt, of Worcester, may take the 
name of Elizabeth Fay Burt, all in the county of 
Worcester; that Samuel Hinkley Lyman of North- 
ampton, may take the name of Samuel Lynum Hink- 
ley ; that Horatio I^aurens Everett, of Worthing- 
ton, may take the name of Horatio Everett; that 
Melinda S. Russell, of Northampton, nuiy take the 
80 



G08 CHANGE OF NAMES. March 9, 1831. 

Names changed, name of Lauia M. Russell; that Daniel Gale, of 
Amherst, may take the name of Charles Daniel 
Gale; that James Bull, junior, minor son of James 
Bull of Northampton, may take the name of James 
Perry Bull; that William Dexter Clapp, of Wil- 
liamsburg, may take the name of William Horace 
Clapp; that Kinsley Underwood, junior, of Enfield, 
may take the name of Daniel Kinsley Underwood; 
that Lewis James, of Goshen, may take the name 
of Lewis Lyman James — all in the county of Hamp- 
shire; that John Wood, second, of Springfield, may 
take the name of Homer John W^ood ; that Dixala- 
na Clark, of Blandford, may take the name of Ma- 
ry Electa Clarke; that WiUiam Dwight, second, 
- of Springfield, may take the name of William Court- 
land Dwight; that Charles Eli Douglass, minor 
son of Henry Douglass, of Westfield, may take the 
name of Darius Ely Douglass — all in the county of 
Hampden ; that Josiah Weeks Cannon, of Williams- 
town, may take the name of Josiah Weeks Can- 
ning ; and that Ebenezer Smith, Edward Weeks, 
Josiah Deane, William Pitkin and Joseph Chaun- 
cy, all minor sons of the said Josiah Wrecks Cannon, 
may severally take the surname of Canning ; that 
Mandly Whiton, of Lee, may take the name of 
John Mandly Whiton — all of the county of Berk- 
shire; that Herman Curtis, of Roxbury, may take the 
name of Joseph Herman Curtis; that William Swan, 
the third, of Dorchester, may take the name of 
William Draper Swan ; that Jemima Aldana Adams, 
of Medway, a minor child of William Adams, may 
take the name of Lorana Aldana Adams ; that Ma- 
ry Ann Bates Whitehouse, of Weymouth, a mi- 
nor child of Joseph H. Whitehouse, deceased, may 
take the name of Mary Ann Bates — all in the 
county of Norfolk ; that Elizabeth Hathaway Sta- 
ples, of Taunton, in the county of Bristol, daugh- 
ter of Samuel B. Staples, may take the name of 
Elizabeth Hathaway Williams; that Serenia Cur- 
tis, of Raynham, in said county of Bristol, may 
take the name of Serenia Leonard ; that John Ba- 
ker, junior, of Brewster, a minor son of John 
Baker, may take the name of John Peregrine Ba- 



PROV. INST. FOR SAV. March 11, 1831 609 

ker; that Nathan Hallett, second, of Yarmouth, Names changed- 
may take the name of Franklin Hallett, both of the 
county of Barnstable ; that Lemuel Packard, of 
North Bridgewater, in the county of Plymouth, 
a minor son of John Packard, may take the name 
of John L. Packard ; that Edward Manning Sax- 
ton, a minor son of Jonathan Saxton, of Deerfield, 
may take the name of Edward Lowell Saxton ; 
that Livonia Mehitabel Benton, of Bernardston, 
may take the name of Livonia Mehitabel Sander- 
son;* that James Hervey Childs, a minor son of 
Sabra Childs, of Shelburne, may take the name of 
Asa Childs; that Amoret Graves, of Whateley, a 
minor child, may take the name of Amoret Mor- 
ton — all in the county of Franklin ; and the several 
persons before mentioned, from and after the pass- 
ing of this act, shall be known and called by the 
names which by this act they arc respectively al- 
lowed to assume as aforesaid, and said names shall 
forever hereafter be considered as their only prop- 
er and legal /lamcs to all intents and purposes. 

[Approved by the Governor, March 9, 183L 



CHAP. LXXVll. 

An Act in addition to an Act entitled, " An Act to 
incorporate the Provident institution for Savings 
in the town of Boston." 



13 E it enacted by the Senate and House 
of Representatives, in General Court assembled, and 
by the authority of the same, That the Provident 
Institution for Savings in the town of Boston, be, 
and the said corporation is hereby authorized and Maypunimse 
empowered to purchase real estate in the city of '^* ^* '^^^ 
Boston to the amount of twenty thousand dollars, 
and to hold the same subject to the uses, intents. 



610 TRURO UNION WHARF. March 11, 1831. 

and purposes prescribed in tlic act of incorpora- 
tion to which this is in addition . 

[Approved by the Governor, March II, 1831.] 



CHAP. LXXVIII. 

An Act to incorporate the Union Wharf Company 
in the town of Truro. 

Sec. 1 . J3E it enacted by the Senate and House of 
Representatives, in General Court assembled, and by 
the authority of the same, That Freeman Atkins, 
„ Hincks Gross, David Lombard, John Smith, and 

Persons incorpo- t-x • i ■ i i i 

rated. . Solomott Davis, together with such others as may 

hereafter associate, and become partners in said 
company, be, and they are hereby incorporated, 
and made a body politic, by the name of the Union 
Wharf Company, for the purpose of liolding and 
improving a wharf in Truro, called Union Wharf, 
and by that name may sue and be sued, and shall 
have power to appoint such officers as they may 
judge necessary, have a common seal, and change 
it as they see cause, levy taxes and assessments, and 
make all necessary bylaws ; and the property in the 
said company shall be held in forty shares with power 
to increase the number as they may see cause, and 
each share shall be entitled to one vote, provided 
that no member shall have more than ten votes, 
and each member may vote by proxy, and provid- 
ed that the amount of real and personal estate, held 
by said corporation, shall not exceed the sum of fifty 
thousand dollars. 

Sec. 2. Be it further enacted, That when any 
proprietor shall neglect or refuse